HomeMy WebLinkAboutSANTA ANA REGIONAL WATER QUALITY CONTROL BOARD (SARWQCB)/NPDES - 1990-10-01 �t1i•Gro 2000 Main Street,
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City of Huntington Beach APPROVED 5-0-2
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File#: 26-227 MEETING DATE: 4/7/2026
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Travis Hopkins, City Manager
VIA: Chau Vu, Director of Public Works
PREPARED BY: Jim Merid, Environmental Services Manager
Subiect:
Approve and Authorize the Mayor and City Clerk to Execute the Amended and Restated
National Pollutant Discharge Elimination System Stormwater Permit Implementation
Agreement
Statement of Issue:
The Amended and Restated National Pollutant Discharge Elimination System (NPDES) Stormwater
Permit Implementation Agreement updates and replaces the 2002 Stormwater Permit Agreement.
The original agreement designated the County of Orange as the lead stormwater permittee and
identified the 34 cities and the Orange County Flood Control District as co permittees under regional
stormwater permits issued by the Santa Ana and San Diego Regional Water Quality Control Boards.
This amended agreement updates the cooperative framework and funding structure to align with
current stormwater permit requirements. It also establishes a new watershed-based funding
mechanism to support programs and projects required under watershed-based compliance
mandates.
Financial Impact:
The City is required to fund its portion of the Countywide stormwater permit budget. This share is
calculated using a formula based on population and jurisdictional area. Each year, the County
proposes a budget for the upcoming fiscal year, which must be ratified by a majority of co-permittees
(representing more than 50 percent of the total population and area). The City's share is typically
between $360,000 and $420,000 depending on permit requirements and the development and
implementation of permit-required programs and projects.
Additional costs incurred as a result of watershed-based programs and projects will be submitted by
staff as part of the City's annual budget preparation process.
Recommended Action:
Approve and authorize the Mayor and City Clerk to execute the Amended and Restated National
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File#: 26-227 MEETING DATE: 4/7/2026
Pollutant Discharge Elimination System Stormwater Permit Implementation Agreement.
Alternative Action(s):
Do not approve or authorize the Mayor and City Clerk to execute the Amended and Restated
National Pollutant Discharge Elimination System Stormwater Permit Implementation Agreement and
direct staff on alternative action.
Analysis:
The existing NPDES Stormwater Permit Implementation Agreement, approved in 2002 (and originally
in 1990), no longer reflects current or anticipated regulatory requirements. The updated agreement
modernizes the roles and responsibilities of the County and co permittee cities.
As lead permittee, the County of Orange will continue to:
• Prepare the annual countywide stormwater program budget
• Develop and coordinate compliance programs
• Compile and submit regional compliance reports
• Provide administrative support for both the Santa Ana and San Diego Regional Water Quality
Control Boards
Co-permittee cities, including Huntington Beach, will remain responsible for implementing local
compliance programs such as inspections, public education and outreach, and timely response to
water quality concerns.
The most significant update is the creation of a watershed-based funding structure to support
projects that target pollutants specific to each watershed. This structure aligns with Santa Ana and
San Diego regional permit requirements and enables collaborative development and cost sharing of
multi-jurisdictional projects.
Huntington Beach is located in two watersheds:
• Anaheim Bay-Huntington Harbour watershed - impaired for copper, chlordane, indicator bacteria,
and polychlorinated biphenyls (PCBs).
• Santa Ana River watershed - currently without impairment
The amended agreement provides a coordinated framework for developing and funding projects to
address these pollutants within each watershed.
Environmental Status:
Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will
not result in direct or indirect physical changes in the environment do not constitute a project.
Strategic Plan Goal:
Non Applicable -Administrative Item
For details, visit www.huntingtonbeachca.gov/strategicplan.
Attachment(s):
1. Amended and Restated NPDES Stormwater Permit Agreement
2. PowerPoint Presentation
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AMENDED AND RESTATED NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
STORMWATER PERMIT IMPLEMENTATION AGREEMENT
This AMENDED AND RESTATED NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
STORMWATER PERMIT IMPLEMENTATION AGREEMENT ("AGREEMENT") , for purposes of
identification numbered [D02-048] , and which may be alternatively referred to as
the "OC Stormwater Program Implementation Agreement," is entered into this
day of , 2026, by the County of Orange, (herein called the COUNTY) , the
Orange County Flood Control District (herein called DISTRICT) and the cities of
Aliso Viejo, Anaheim, Brea, Buena Park, Costa Mesa, Cypress, Dana Point,
Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, Laguna
Beach, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Forest, La Habra, La
Palma, Los Alamitos, Mission Viejo, Newport Beach, Orange, Placentia, Rancho
Santa Margarita, San Clemente, San Juan Capistrano, Santa Ana, Seal Beach,
Stanton, Tustin, Villa Park, Westminster, and Yorba Linda (herein called CITIES) .
The COUNTY, DISTRICT, and CITIES may be referred to collectively as PERMITTEES
or individually as PERMITTEE, COUNTY, DISTRICT, or CITY, respectively, in this
AGREEMENT.
RECITALS
WHEREAS, the United States Congress in 1987, through the Water Quality
Act, amended Section 402 of the Clean Water Act (33 U.S.C.A. 1342(p) ) to require
the United States Environmental Protection Agency ("EPA") to promulgate
regulations for permitting stormwater discharges; and
WHEREAS, EPA regulations require National Pollutant Discharge Elimination
System ("NPDES") permits for discharges from a municipal separate storm sewer
system ("MS4") (herein after called MS4 permits) , and further require MS4 permits
to include requirements to control pollutants from stormwater discharges; and
WHEREAS, in 1927, the Orange County Flood Control Act created the DISTRICT
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to provide for the control of flood and stormwater and protect from damage from
those flood or stormwater, the harbors, waterways, public highways, and property
within the DISTRICT'S jurisdiction; and
WHEREAS, the powers granted to the DISTRICT include the authority to
regulate discharges that threaten to impact its system and carry on technical
and other investigations, examinations, or tests of all kinds, making
measurements, collecting data, and making analyses, studies, and inspections
pertaining to water supply, control of floods, use of water, water quality,
nuisance, pollution, waste, and contamination of water, both within and without
the DISTRICT; and
WHEREAS, the California State Water Resources Control Board ("SWRCB") , as
designee of the EPA, has delegated authority to the California Regional Water
Quality Control Boards-Santa Ana Region ("RWQCB-SAR") and San Diego Region
("RWQCB-SDR") (collectively, the RWQCBs) for administration of MS4 permits within
the boundaries of their regions; and
WHEREAS, the COUNTY, DISTRICT, and CITIES are PERMITTEES under MS4 permits
issued by the RWQCBs; and
WHEREAS, the RWQCBs have designated the COUNTY as the Principal PERMITTEE
or Principal Watershed Co-permittee, as defined in the MS4 permits; and
WHEREAS, the COUNTY, the DISTRICT and the CITIES previously entered into
that certain agreement entitled National Pollutant Discharge Elimination System
Stormwater Permit Implementation Agreement D90-094, on December 18, 1990, which
was subsequently amended on October 26, 1993 by Amendment No. 1 and then on June
25, 2002 (the December 18, 1990 Agreement as Amended by Amendment No. 1 and the
June 25, 2002 amendment will be referred to collectively hereinafter as the
ORIGINAL AGREEMENT) , to cooperatively develop, and did thereunder develop, an
integrated stormwater runoff management program with the objective of fulfilling
MS4 permit requirements and improving water quality in Orange County (program
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•
referred to herein as the "OC Stormwater Program") ; and
WHEREAS, Section X of the ORIGINAL AGREEMENT provides that the ORIGINAL
AGREEMENT may be amended by consent of a majority of the PERMITTEES which
represent a majority of the percentage contributions as described in Section IV
of the ORIGINAL AGREEMENT; and
WHEREAS, continued cooperation between the CITIES, the COUNTY, and the
DISTRICT to jointly implement the OC Stormwater Program to fulfill prior, new,
and potential future MS4 permit requirements, to the extent feasible, is in the
best interests of the CITIES, the COUNTY, and the DISTRICT; and
WHEREAS, the PERMITTEES now desire to restate and amend the ORIGINAL
AGREEMENT, as reflected and set forth in this AGREEMENT.
NOW, THEREFORE, the PERMITTEES do mutually agree as follows:
2. FILING STATUS
The COUNTY, the DISTRICT, and each CITY have filed applications for MS4
permits as PERMITTEES. The COUNTY, the DISTRICT and each CITY is a
PERMITTEE under each MS4 permit to which they are subject.
II. INCORPORATION OF FEDERAL GUIDELINES
All applicable federal and state water quality regulations and guidelines
under the Federal Clean Water Act, as presently written or as changed
during the term of this AGREEMENT, are hereby incorporated by reference
and made a part of this AGREEMENT and take precedence over any
inconsistent terms of this AGREEMENT.
III. DELEGATION OF RESPONSIBILITIES
The responsibilities of each of the parties shall be as follows:
A. The COUNTY shall be the administrator of the OC Stormwater Program and,
on a cost-shared basis, perform the following functions:
1. Annual operating budgets.
a. Prepare the annual operating budget ("annual operating budget") ,
which shall include a work plan and associated financial plan and
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budget. The annual operating budget is intended to provide for
all programmatic functions and associated costs of the OC
Stormwater Program, as outlined in this AGREEMENT and as generally
described in Section V.A. Annual operating budgets and work
plans may be based on RWQCB region (i.e., Santa Ana Region versus
San Diego Region) . The budget year shall coincide with the
COUNTY's fiscal year, July 1 - June 30.
b. Consult with the Stormwater Program Representatives (as defined in
Section III.C.8) when preparing annual operating budgets and major
program elements therein.
c. A draft of the annual operating budget may be prepared for the
PERMITTIES for review by February 15 each year. Annual operating
budgets shall be submitted to the PERMITTEES for consideration
and approval by May 15 of each year. Individual CITY approval
shall be obtained from each CITY's city manager or designee
thereof by July 30 of each year. CITY manager designations for
annual operating budget approval shall be provided in writing to
the County and shall remain in effect until revoked in writing by
the CITY's city manager. An annual operating budget shall be
deemed approved and adopted for the OC Stormwater Program by
affirmative responses from PERMITTEES which represent a majority
(500 or greater) of both the area and population percentage
contribution as calculated in accordance with Section V.A (method
for calculating approval percentage referred to as "Majority
Approval") . The COUNTY and the DISTRICT shall represent one
voting PERMITTEE with their percentage contribution equal to the
total of the COUNTY and the DISTRICT as described in Section V.A.
d. An approved and adopted annual operating budget shall not be
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exceeded without prior Majority Approval of the PERMITTEES.
2. Project or watershed-specific sub-budgets.
a. In coordination with the PERMITTEES, prepare project-specific
and/or watershed-specific budgets and associated work plans
(collectively, "sub-budget(s)") for the design of water quality
projects and/or responding to RWQCB enforcement orders and/or
other orders (e.g., California Water Code 13267 or 13383 orders) .
b. Sub-budgets shall be prepared and proposed on an as-needed basis,
at the discretion of the COUNTY, or as requested by interested
PERMITTEES, subject to concurrence of the COUNTY.
c. Each PERMITTEE willing to participate in a sub-budget will
confirm participation to the COUNTY in writing. A PERMITTEE who
confirms participation in a sub-budget shall be referred to
herein as "PARTICIPATING PERMITTEE(s) ." Sub-budgets will be
subject to unanimous approval by all PARTICIPATING PERMITTEES,
except that where a Participating Permittee fails to vote to
approve a proposed sub-budget, such failure shall be deemed a
withdrawal from the sub-budget and the withdrawing PERMITTEE
shall no longer be considered a PARTICIPATING PERMITTEE and shall
have no obligation to pay for or participate in the sub-budget.
d. Project elements that go beyond design (e.g., construction,
operation, and maintenance) shall not be provided for in sub-
budgets and, instead, are subject to separate agreement between
the Participating Permittees.
3. Represent the OC Stormwater Program in reviews of documents, comments,
and discussions with EPA, SWRCB, and RWQCBs and/or other resource
agencies regarding MS4 permit requirements and related policies,
programs, and regulations. The COUNTY shall timely notify the
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PERMITTEES of any decision reached during these discussions that, in
the determination of the County, substantially impacts the OC
Stormwater Program.
4. Implement approved annual operating budgets and sub-budgets.
5. Working in collaboration with PERMITTEES, prepare and submit regional
compliance reports as the Principal PERMITTEE, as required under the MS4
permits, and/or as designated in the approved workplans.
6. Implement the regional monitoring and reporting program elements from
approved workplans for the MS4 permits, including, but not limited to,
tasks to monitor and measure the effectiveness of Best Management
Practices ("BMPs") . This may include monitoring and modeling.
7. Obtain, as may be required by the annual operating budget and/or sub-
budgets approved pursuant to this AGREEMENT, professional services,
including, but not limited to, scientific, engineering, environmental,
economic, and/or legal consultants to provide technical assistance for
the work associated with the OC Stormwater Program. This work may
include, but is not limited to, the preparation of technical or economic
studies, legal analysis, watershed management plans, stormwater runoff
management plans, water quality improvement plans, modeling, reasonable
assurance demonstrations/reasonable assurance analyses, monitoring
plans, technical reports, municipal staff training activities, and the
design of structural and non-structural BMPs and strategies to prevent
and/or reduce pollutants in stormwater runoff. Contracts for
professional services to be funded under this AGREEMENT shall be made
in conformance with the COUNTY's procurement policies, and, to the
extent there is no conflict, the following:
a. The COUNTY shall make efforts to stagger the date of issuance of
new contracts for professional services, so that PERMITTEES may
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better absorb increases in consultant fee rates.
b. For contracts for professional services that would require approval
by the Orange County Board of Supervisors (as determined.within the
sole discretion of the COUNTY), one Stormwater Program
Representative for every two designees of the COUNTY shall be
allowed to participate in any panel formed for the purpose of
evaluating responses to Requests for Proposals or similar
competitive solicitations submitted by potential consultants. Where
any contract subject to this provision is to be extended beyond the
initial term, the COUNTY shall request feedback from the Stormwater
Program Representatives, regarding the consultant's performance,
prior to executing the extension. This process shall -in no way
impinge upon or limit the COUNTY's discretion to enter into, amend,
extend, renew, or cancel any contract for professional services for
the OC Stormwater Program.
c. The COUNTY shall notify the PERMITTEES of any changes in the
COUNTY's procurement policies that significantly affect the
thresholds for competitive procurement, scoring, or selection
processes for contract services.
8. Implement a facility inspection program, as required by the MS4 permits,
for MS4 facilities within the unincorporated areas of the County, at no
cost to the CITIES.
9. Implement a facility inspection program, as required by the MS4 permits,
for MS4 facilities on County-owned property used for COUNTY governmental
purposes (i.e., property used for governmental functions) and located within
a CITY, at no cost to the CITIES. For purposes of this section, , the
regional facility known as Dana Point Harbor shall be considered a County-
owned property used for governmental purposes.
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a. To avoid confusion in the implementation of each party's facility
inspection programs, the COUNTY shall provide a list of those
facilities, buildings and properties that it owns and are located
within other jurisdictions (i.e. non-unincorporated properties)
that the COUNTY has decided to monitor and regulate pursuant to
this Section III.A.9. The County further agrees to notify the
affected PERMITTEE of changes to the status of a facility.
B. The DISTRICT shall, on a cost-shared basis, except as set forth in
subparagraph 2 below:
1. Perform or cause to be performed the water quality and hydrographic
monitoring for compliance with MS4 permits and/or in accordance with
RWQCB-approved monitoring plans and/or in the approved workplans.
2. Implement a facility inspection program, as required by the MS4 permits,
for MS4 facilities located on District-owned and controlled property that
is used for governmental purposes, at no cost to the CITIES.
3. Undertake or cause to be undertaken all activities required of the CITIES
in Section III.0 and applicable to the District.
C. The CITIES, at no cost to the Counties and the District, shall:
1. Implement a facility inspection program for its MS4 facilities, as
required by the MS4 permit(s) and within the jurisdictional boundaries
of that CITY.
2. Submit to the COUNTY storm drain system maps and/or data describing the
type and location of its MS4 facilities with periodic revisions that
reflect any modifications made as a result of land
development/redevelopment. If possible, information shall be submitted
as geographical information system ("GIS") data.
3. Support the COUNTY in the preparation of watershed characterizations and
catchment prioritization efforts, including, but not limited to, by:
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a. Identifying applicable zoning and land use designations.
b. Identifying areas where sources of specific pollutants are known.
4. Upon COUNTY request, review, comment on, consider approval of, and, if
approved, implement regional strategies to prevent and reduce pollutants
in stormwater runoff.
5. Implement an illegal discharge detection and elimination program as
required by the MS4 permit(s) to which the CITY is subject. Demonstrate
adequate legal authority to control discharges to its MS4 facilities as
may be required by the relevant MS4 permit(s) to which the CITY is
subject.
6. Provide, as requested by the COUNTY, copies of the CITY's
jurisdictional reports, data, and any other information (in formats
requested by the COUNTY, where such formats are reasonably available) to
satisfy requirements in MS4 permits or other orders issued by a
Regional Board or the State Board, to which the CITY is subject,
provided the CITY has not otherwise challenged such order, and such
challenge has not been resolved.
7. Participate in meetings convened by the COUNTY and respond to requests
for information from the COUNTY, intended to obtain PERMITTEE input on
matters related to this AGREEMENT and the implementation of the OC
Stormwater Program.
8. Designate primary and secondary Stormwater Program Representative for
matters related to this AGREEMENT and the implementation of the OC
Stormwater Program. Designations shall be made by each CITY's city
manager, or designee, in writing to the COUNTY. Each designation shall
remain in effect until revoked by the CITY's city manager or designee.
Stormwater Program Representatives are intended to provide subject
matter input and facilitate communication between the COUNTY and each
CITY. For purposes of this AGREEMENT, a Stormwater Program
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Representative will not be deemed to have the authority to approve
annual operating budgets on behalf of a CITY, as required in Section
III.A.1, unless expressly stated in the written designation provided to
the COUNTY.
D. In the unincorporated areas of the COUNTY, the COUNTY shall, at no cost to
the CITIES or the DISTRICT, undertake or cause to be undertaken all
activities required above of the CITIES in Section III.0 that are not
responsibilities of the DISTRICT as outlined in Section III.B.
IV. Orange County City Manager Association Engagement
A. In lieu of the activities of the Technical Advisory Committee under the
ORIGINAL AGREEMENT, the COUNTY shall endeavor to create a working
relationship with the Orange County City Manager Association ("OCCMA") or
a sub-group thereof, to address issues such as MS4 permit requirements,
MS4 permit compliance methods, and funding needs and strategies to
facilitate regional and/or watershed-based, multi-jurisdictional project
efforts.
B. At its discretion, the COUNTY, in coordination with the PERMITTEES as set
forth in this AGREEMENT, may implement recommendations (or parts thereof)
that OCCMA may give on OC Stormwater Program matters, including, but not
limited to, potential strategies for compliance with current and
anticipated future MS4 permit requirements; funding strategies and options
for MS4 permit compliance efforts; and OC Stormwater Program budgeting.
Recommendations that would result in unbudgeted costs shall be subject to
Majority Approval of the PERMITTEES pursuant to III.A.1.d.
C. Under no circumstances shall this Section be interpreted as a replacement
or substitute for any other responsibility of CITIES or the COUNTY under
this Agreement. At the COUNTY's discretion, the Director of OC Public
Works may enter into a memorandum of understanding with OCCMA to facilitate
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procedures for OCCMA engagement under this Section. Under no circumstances
shall this provision be interpreted to require any written agreement
between the COUNTY and OCCMA.
V. PROGRAM COSTS
A. Annual Operating Costs.
Where not otherwise funded, the annual operating budget, including all
costs of equipment, goods, COUNTY services (including, but not limited to,
applicable COUNTY and COUNTY'S departmental overhead) , and all professional
services costs incurred by the COUNTY, and any cost of the MS4 permits, as
determined by the COUNTY in its role as administrator of the OC Stormwater
Program, shall be a shared cost and allocated among the COUNTY, DISTRICT,
and CITIES, and paid for as follows:
Participants Percentage Contribution
DISTRICT 10
CITIES + COUNTY 90
The individual percentage contributions from each CITY and the COUNTY
shall be functions of their respective dry land areas and population
relative to those of the entire County of Orange. Each area shall be
calculated as one-half of the sum of the area and population fractions,
multiplied by 90%. National forests, state parks, airports, landfills,
oceans, harbors, tidal bays, and active military installations shall be
excluded from area calculations (Exhibit A-1) . The contribution of the
COUNTY shall be calculated from unincorporated areas and their respective
populations. Should any external or alternative sources of funding become
available, those funds may be directly applied to the appropriate budget(s)
before the shared cost percentages are applied to the PERMITTTEES or
credited to a subsequent budget.
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Share in percent for jurisdiction #1= ( (Xi/Xtot) + (Yi/Ytot) }/2 x (90)
X = area
Y = population
tot = total population or area
90 = total percentage excluding the DISTRICT's contribution
The percentage share shall be calculated by the COUNTY from population and
area data. The population data shall be the most recent annual population
estimates produced by the California Department of Finance, and area is
based on the most recent OC Public Works survey data available to the
COUNTY. Percentage share calculations shall be updated by May of each
budget year for the budget year following and shall be included in annual
operating budget proposals. Annual operating budget proposals shall be
prepared based on the following percentage share computation methods, as
applicable, and subject to exclusions in Exhibit A-1:
1. Countywide costs will be calculated as described in the process and
formula above and subject to Exhibit A-1 for the entire group of
PERMITTEES.
2. Regional costs, specific to only one RWQCB permit (Santa Ana Region and
San Diego Region) , will be calculated based on the process and formula
above for PERMITTEES within the respective permit geographic area. For
PERMITTEES .that have jurisdiction in both permit regions, the regional
costs will be based on the land area and prorated population for that
permit geographic area.
3. Sub-budgets shall be based on the PARTICIPATING PERMITTEES and their
corresponding area and prorated population total within the geographic
area subject to the specific sub-budget.
4. In the event of a regulatory directive issued to PERMITTEES requiring
amendment of any approved budget, the COUNTY shall provide immediate
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notice to the included PERMITTEES and hold discussions with respect to
responding to the directive and funding the immediate response. Such
budget amendments shall be subject to the Majority Approval referenced in
Section III.A.l.d.
5. If at any time during a budget year costs exceed the sum of the deposits
for any approved budget, and prior Majority Approval for such exceedance
has been obtained, the COUNTY shall submit invoices to the involved
PERMITTEES to recover the deficit. The share for each PERMITTEE shall
be prorated according to the formula that was initially used to
apportion budget costs. Each CITY shall pay the invoice within 45
calendar days of the billing date.
6. If at any time costs exceed the sum of the deposits for any approved
budget, the COUNTY may propose a budget increase and request payment by
the PERMITTEES, and PERMITTEES shall pay such amount, provided the
budget increase is approved in accordance with sections III.A.l.c-d or
III.A.2.c of this Agreement, as may be applicable. Until such approval
is obtained and sufficient deposits received, the COUNTY may, at its
sole discretion, cease carrying out approved budget components so as to
limit or not incur costs in excess of deposits. Nothing in this
AGREEMENT shall be construed as requiring PERMITTEES to approve budget
increases.
7. The COUNTY shall prepare a budget year-end accounting within 120
calendar days of the end of the budget year and present the same to the
involved PERMITTEES for review. If the budget year-end accounting
results in the sum of the deposits exceeding costs (net of interest
earnings) , the excess deposits shall carry forward to reduce the
obligation of the PERMITTEES for the following budget year and prorated
to the CITIES consistent with the cost-sharing population and area data
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calculation above.
8. The COUNTY shall invoice each CITY for its annual share of each
approved budget by November 30 of each budget year. Each CITY shall pay
their deposit(s) within 45 calendar days of the billing date or within
45 calendar days of November 30, whichever is later. Each CITY'S
deposit(s) shall be based on their prorated share(s) of the approved
budget(s) , reduced for any carry forward amount identified in the prior
budget year-end accounting.
9. The COUNTY shall hold each CITY's annual share of each approved budget
in interest-bearing accounts and credit interest earned on each CITY's
annual share against each CITY's share of the approved budget costs.
The COUNTY shall maintain records regarding interest earned and credited
on each CITY's annual share and provide the same to the CITIES within
120 calendar days of the end of the budget year.
10.Upon termination of this AGREEMENT, a final accounting shall be
performed by the COUNTY and presented to the PERMITTEES for review. If
the sum of the deposits exceeds the costs, the COUNTY shall reimburse
to each CITY its prorated share of the excess, within 120 calendar days
of the final accounting.
VI. LIFE OF THE AGREEMENT
The term of this AGREEMENT shall be indefinite, unless amended or
terminated in accordance with this AGREEMENT.
VII. ADDITIONAL PARTIES
Any CITY which becomes incorporated after the effective date of this
AGREEMENT, or requests to become a party to this AGREEMENT after
previously withdrawing pursuant to Section VIII, shall be eligible to
become a party to this AGREEMENT, subject to Majority Approval. In
approving adding additional cities to this AGREEMENT, the PERMITTEES may
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require such conditions of the added cities as they determine necessary or
advantageous. The date of initiation, for determining costs for newly
incorporated cities, shall be the date of incorporation. The costs for
adding additional cities to this AGREEMENT and OC Stormwater Program
including, but not limited to, permit and processing fees, as well as
administrative costs incurred by the COUNTY and costs to reimburse the
existing PERMITTEES for unreimbursed costs related to a previous
withdrawal (if applicable) , shall be calculated by the COUNTY, approved by
Majority Approval of the PERMITTEES and, thereafter, invoiced by the COUNTY
and paid by the added city(ies) within 45 calendar days of the billing
date. Monies to be reimbursed to the existing PERMITTEES shall carry
forward to reduce the billings for the following budget year.
VIII. WITHDRAWAL FROM THE AGREEMENT
A CITY may withdraw from this AGREEMENT by providing at least 60 calendar
days written notice to the COUNTY. The COUNTY shall notify the PERMITTEES
within 10 business days of receipt of any withdrawal notice. Neither the
COUNTY nor any PERMITTEE shall be responsible for advising the withdrawing
CITY of the legal, regulatory, or programmatic effects of withdrawing, nor
have any continuing responsibility to the withdrawing CITY upon the
effective date of the withdrawal. The withdrawing CITY shall be solely
responsible for any costs the withdrawing CITY may incur related to its
withdrawal, including, but not limited to, penalties assessed by RWQCBs,
and or other resource agencies (e.g., EPA, CDFW, etc. ) in connection with
or related to its withdrawal. In addition, withdrawal shall constitute
forfeiture of any deposits on hand from the withdrawing CITY, for the
budget year in which the withdrawal is effective. If the effective date of
a withdrawal is within 60 calendar days of the beginning of any budget
year, the withdrawing CITY shall be responsible for paying its annual
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share for the upcoming budget year as if it were still a PERMITTEE
participating in this AGREEMENT but shall be eligible to receive a credit
for any prospective carry forward amount of such annual share as may be
contemplated by this AGREEMENT. The cost allocations to the remaining
PERMITTEES participating in this AGREEMENT shall be recalculated and
collected and/or credited as necessary in the budget year following the
effective date of the withdrawal.
IX. NON-COMPLIANCE WITH PERMIT OR ORDER REQUIREMENTS
Each PERMITTEE shall remain solely responsible for its own acts and
omissions with respect to compliance with requirements of an MS4 permit or
other order of the RWQCBs or SWRCB to which it may be subject, and nothing
herein shall be deemed to waive, release, or transfer any such
responsibility to any other PERMITTEE. Nothing in this AGREEMENT shall be
construed as an assumption by any PERMITTEE of any liability or obligation
of another PERMITTEE, whether past, present, or future.
X. LEGAL ACTION/ COSTS/ ATTORNEY FEES
In the event of legal action to enforce any provision of this AGREEMENT,
each party shall bear its own attorneys' fees and costs, and no party shall
seek to recover the same from any other party through litigation or other
legal proceedings.
XI. AMENDMENTS TO THE AGREEMENT
This AGREEMENT may be amended with Majority Approval. The COUNTY and the
DISTRICT shall represent one voting PERMITTEE with their percentage
contribution equal to the total of the COUNTY and the DISTRICT as described
in Section V. No amendment to this AGREEMENT shall be effective unless it
is in writing and signed by the duly authorized representatives of the
COUNTY and the required Majority Approval of PERMITTEES.
XII. NOTICES
16
367
r
All notices required under Section VIII shall be deemed duly given if
delivered by hand (with written confirmation of receipt) ; via electronic
mail (with confirmation of transmission); or three (3) days after deposit
in the U.S. Mail, postage prepaid.
XIII. GOVERNING LAW
This AGREEMENT shall be governed and construed in accordance with laws of
the State of California. If any provision or provisions of this AGREEMENT
is held to be invalid, illegal or unenforceable, the validity, legality and
enforceability of the remaining provisions shall not any way be affected
or impaired hereby.
XIV. CONSENT TO BREACH NOT WAIVER
No term or provision hereof shall be deemed waived and no breach excused,
unless such waiver or consent shall be in writing and signed by the duly
authorized representative of the PERMITTER to have waived or consented.
Any consent by any PERMITTER to, or waiver of, a breach by the other,
whether express or implied, shall not constitute a consent to, waiver of,
or excuse for any other different or subsequent breach.
XV. APPLICABILITY OF PRIOR AGREEMENTS
This AGREEMENT restates and amends the provisions in prior agreements and
constitutes the entire AGREEMENT between the PERMITTEES with respect to
the subject matter. All prior agreements, representations, statements,
negotiations, and undertakings are superseded hereby.
XVI. EXECUTION OF THE AGREEMENT
This AGREEMENT may be executed in counterparts, and the signed counterparts
shall constitute a single instrument. The parties agree that this
AGREEMENT may be executed and delivered by electronic means, including via
email or electronic signature platforms (e.g., DocuSign, Adobe Sign) , and
that such electronic signatures shall be deemed to have the same legal
17
368
effect as original signatures. Each party agrees that electronically
signed documents shall be valid, enforceable, and admissible in any legal
proceeding to the same extent as a manually signed original.
XVII. NO WAIVER OF PRIVILEGE AND/OR WORK PRODUCTION PROTECTION
Notwithstanding anything in this Agreement to the contrary, nothing in
this AGREEMENT shall require .a party to release or provide information
(including any reports, communications, data, etc.) that has been deemed
by that party to be subject to the attorney-client privilege, attorney
work product doctrine, or any other relevant privilege and protection,
including, but not limited to, any reports or information generated by a
party's consultant that was prepared in consultation with, or at the
direction of, such party's attorney or counsel of record. Nothing in this
AGREEMENT shall prohibit the parties hereto from entering into future
agreements, including joint defense agreements, common interest
agreements, or other similar agreements to share such privileged or
protected information subject to the terms and conditions of such an
agreement.
18
369
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the dates
opposite their respective signatures:
ORANGE COUNTY FLOOD CONTROL DISTRICT
A body corporate and politic
By
Chairman of the Board of Supervisors
COUNTY OF ORANGE
A body corporate and politic
Date: By
Chairman of the Board of Supervisors
SIGNED AND CERTIFIED .THAT A COPY OF THIS
AGREEMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD
Date: By
ROBIN STIELER
Clerk of the Board of Supervisors of
Orange County, California
APPROVED AS TO FORM COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
By Julia Woo, Senior Deputy
Date:
///
///
///
19
370
CITY OF HUNTINGTON BEACH
Date: *A(' By:
Mayor
ATTEST: APPROVED AS TO FORM:
(11/14- X4rAll
City Clerk City Attorney
21
EXHIBIT A - 1
DRY LAND AREA DEDUCTED FROM JURISDICTIONS
Landfills Jurisdiction
Olinda County
Santiago County *:
Prima Deschecha County
Bee Canyon County
Coyote Canyon County
State Parks
Bolsa Chica State Beach* Huntington Beach
Chino Hills State Park County
Corona Del Mar State Beach Newport Beach
Crystal Cove State Park** County
Doheny State Beach Dana Point
Huntington State Beach Huntington Beach
San Clemente State Beach San Clemente
Airports
Fullerton Fullerton
John Wayne County
Military facilities
Joint Forces Training Base - Los Alamitos Los Alamitos
Former MCAS Tustin*** Tustin
Seal Beach Naval Weapons Station**** Seal Beach
National Forests
Cleveland National Forest County
*Includes Bolsa Chica Ecological Preserve
**Includes Laguna Laurel Ecological Preserve
***Active military areas
****Includes Seal Beach National Wildlife Refuge
22
373
dorm-
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( _few CORPORA T •••• 46
•'_�-- '*. \ Amended and Restated National Pollutant
; Discharge Elimination System Stormwater
— — - - �` — • ' Permit Implementation Agreement
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law ON TN
K'` April 7, 202
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374
BAC KG RO U N
• Current National Pollutant Discharge Elimination System Stormwater
Permit agreement is outdated; Adopted in 2002
• Does not conform with pending and new stormwater permits as issued by
the Santa Ana and San Diego Regional Water Quality Control Boards
• Amended agreement would conform with new stormwater permit
requirements
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375
NEED/1A/ HY/ BENEFITS
• County of Orange will continue in role as lead permittee and continue to
prepare annual stormwater permit implementation budget for countywide
stormwater program.
• Co-permittees (the 34 cities within Orange County and the Orange County
Flood Control District) will implement programs as developed by the lead
permittee as part of a cohesive countywide stormwater program designed to
comply with regional stormwater permits.
• Amended agreement would create framework for compliance with new
stormwater permit requirements.
• New stormwater permit requirements include a watershed-based compliance
approach which identifiespollutants of concern or impairments to
pp p Al ��TiNGro ..
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waterbodies within each watershed.
• •.
• Amended agreement would create a framework to establish a cost-sharing ± , s1
mechanism for the development and implementation of watershed-based
program/projects designed to address watershed-specific pollutants. .,;8 ,, ,gpg `:••• o�r0
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=cobNTY �
376
DETAILS
• Amends current agreement to create a mechanism for watershed-based
program/projects.
• County will continue role as lead permittee responsible for development
of compliance programs/projects and reporting to the Santa Ana and San
Diego Regional Water Quality Control Boards.
• City will work in cooperation with other agencies within the two
watershed (Anaheim Bay-Huntington Harbour, Santa Ana River) that the
City resides in to develop and implement watershed-specific
programs/projects under amended agreement framework. ++ o�.....• c,ORPO RR,
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377
FUNDING/SCHEDULE
• County of Orange as the lead permittee will prepare annual shared-costs
budget for the development and implementation of countywide
stormwater programs.
• The City's share of the shared costs budget is between $360,000 and
$410,000 per fiscal year.
• Additional funding may be required based on the development and
implementation of watershed-based program/projects designed to
address watershed specific pollutants. Staff will include these additional
costs as part of the annual budget preparation process. fi c...77„70v0earfo•.••
41 it-
'G7 i ✓-A '',fir - ''. • Q• 1
378
RECOMMENDATION
• Approve and authorize the Mayor and City Clerk to execute
the Amended and Restated National Pollutant Discharge
Elimination System Stormwater Permit Agreement
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380
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LilaCITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
LETTER OF TRANs,%nTTAL OF ITEM APPROVED BY THE CITY COUNCILI
REDEVELOP,XtENT AGENCY OF THE,CITY OF HUNTINGTON BEACH
DATE: June 25, 2002
TO: County of Orange ATTENTION: Chris Crompton
wane
1750 S. Douglass Rd. DEPARTAIENT: PFRD
su-M
Anaheim, CA 92806-6031_ _ REGARDING: Amendment & Restatement
cay.St=te;Zip
of NPDES Stormwater Permit Implementa—
tion Agreement
See Attached Action Agenda Item E-11 Date ofApproval 6/17/02
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
1 � Please return executed copy to the
address above. Thank you.
Connie Broclnvay
City Clerk
Attachments: Action Agenda Page ,fir„ Agreement x Bonds Insurance
RCA Deed Other
CC: R. Beardsley DPW x
Name Deputment RCA Laurance Other
L. Daily DPW x
P me Department RCA AV-m-a Luumnce other
G. Lucas DPW x
Name Depanmrnt RCA AVeernrnt Duumoce other
Dame Department RCA Areement buvrance OLha
ltiame Department RCA bmwaaoe
(Telephone 714-536-52271
3y ( -G- Im VW
Council/Agency Meeting Held:
Deferred/Continued to:
XA ved O Condi io fly App oved Denied XJ y Cle s Signature
Council Meeting Date: .tune 17, 02 Department ID Number: PW 02-063
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION
x
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL
SUBMITTED BY: RAY SILVER, CITY ADMINISTRATOR 01741
PREPARED BY: Robert F. Beardsley, Director of Public Works / D
n f -
SUBJECT: Approve Amendment of NPDES Stormwater Permit Agreement
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status.Attachments)
Statement of Issue: The stormwater permit implementation agreement for compliance with
the National Pollutant Discharge Elimination System (NPDES) with the County of Orange
(County), the Orange County Flood Control District (District), and 34 other Orange County
cities (Cities) has been amended. The amendment adds three cities, updates the cost
allocation and adds a new City Managers Water Quality Committee.
Funding Source: No funding required for the agreement. Unappropriated General Fund
balance in the amount of$350,892 is necessary to ensure permit compliance.
Recommended Action: Motion to:
1. Approve and authorize the Mayor and City Clerk to execute the Amendment and
Restatement of National Pollutant Discharge Elimination System Stormwater Permit
Implementation Agreement; and
2. Appropriate $350,892 from the General Fund balance to Account No.
10085102.79025.
Alternative Action(s): None. The County is designated as the Principal Permitee.
Compliance with the established program meets Federal and Regional Water Quality
regulations.
I
REQUEST FOR ACTION
MEETING DATE: June 17, 2002 DEPARTMENT ID NUMBER:PW 02-063
Analysis: The Federal Clean Water Act requires the Environmental Protection Agency
(EPA) to transmit regulations for stormwater discharge permits. The regulations require an
NPDES permit, which allows the lawful discharge of stormwater. The Santa Ana Regional
Water Quality Control Board (SARWQCB) has been delegated the authority for
administration of the NPDES permit application process within the boundaries of its region.
In 1990, the County, District and Cities approved an agreement to jointly file applications for
NPDES permits and implement common programs. The agreement can be amended by
consent of a majority of the permitees that represent a majority of the percentage
contributions to the program.
The restated agreement outlines the responsibilities of each of the agencies involved. The
County continues to administer system compliance on a population-based, cost-sharing
formula. County staff will prepare the annual budget, compliance reports to the Regional
Board, a model Best Management Practices (BMP) Program report, and provide other
administrative support. The District is responsible for the technical aspects of the program
including"water quality monitoring and inspection criteria.
The Cities will be required to implement facility inspection program, prepare watershed
characterizations, and enforce compliance with the established BMPs. The goal of the
agreement is to provide a cohesive regional program for implementing the stormwater quality
guidelines as directed by the Regional Water Quality Control Board.
As adopted by the City Council in March 1998, all requests for the mid-year appropriation of
General Funds must meet one of the following criteria: 1) The request is for an unanticipated
emergency, 2) The request is required to implement labor negotiations, or 3) The request will
be offset by related new revenues. This request meets criterion 1 because of the unforeseen
revised NPDES Stormwater Permit issued by the SARWQCB in January 2002. The new
permit includes many new requirements; the developed of Watershed Plans, Municipal
Activity Plans, increased educational outreach, increased training, increased monitoring &
sampling and increase field inspections. Due to the unforeseen permit requirements, the
request for the unappropriated General Fund balance transfer in the amount of $350,892 is
an unanticipated emergency and is necessary to ensure permit compliance.
Public Works Commission Review: Not required
Environmental Status: Not applicable
Attachment(s)•
Page Number No. Description.
City Clerk's
1 Amendment of Agreement for NPDES Stormwater Permit
2 Fiscal Impact Statement
RCA Author. Daily/Lucas
G:\R C A\2002\02-063 June 17 Daily-Lucas(NPDES Agreement).doc -2-
6/10/2002 9:17 AM
ATTACHMENT # 1
L icki L Wd-son,Mwcrar
T Tom) �] ,� 7��/±�+ 300 N.Flower Street
t-b COUl Y l l OF Vlil11 V G Santa Ana,Ok
P.O.Box 4048
Santa Am.CA 9r024048
PIlBLrcFAaLITIL�'S&REsouRC.ESDEPARTmENTC'-l� Tdcphone: (714)83�3-2300
Fax: (714)834.5188
.tune 6, 2002
City Managers,
Enclosed you will find a signature-ready version of the revised NPDES Implementation
Agreement,which I talked about yesterday at the OCCMA luncheon. The NPDES permits
require the new Implementation Agreement to be executed by July 1, 2002.
Your representatives on the permittee management group were e-mailed the agreement earlier
this week. I am sending out this hard copy for execution to avoid any confusion about the
exhibits. Since the Agreement will be executed in counterparts,we need all the originals to be
identical.
The 1990 municipal permit required the co-permittees to execute an implementation agreement
to specify the responsibilities of the permittees. The original agreement included the cost-
sharing methodology based on land area and population. During the term of the 1996 permit,
the permittees amended the agreement to make various changes, including the creation of the
Technical Advisory Committee (TAC).
The 2002 permits require additional amendments, including the addition of the three newest
cities. In meetings of the OCCMA Water Quality Committee,we also decided to include
language requiring consultation with the city managers, particularly on budget matters.We have
drafted a restated, new version of the agreement that incorporates these needed amendments
and more minor updates.
I have enclosed the Agreement, complete with Exhibits, so that you can take it to your Councils
for approval. I have also included four counterpart signature pages specific to your city. Pleas %X z
obtain the necessary signatures on each of these four original signature pages. Retain one ��'�
original for your records, and return the other three original signature pages to Chris Crompto bp
1760 S. Douglass Road,Anaheim CA 92806-6031.
]Wheft we have all the signatures,we rill distribute Z ies 9f all of the pagesgff si nature to all
the cities so that willYe a complete Agreement. PFRD will retain one complete
Agreement with with all of the original signatures.
Sincerely,
Vicki L.Wilson
Director
Enclosures
A reement D02-0451
Z
1 AMENDMENT AND RESTATEMENT OF NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
2 STORMWATER PERMIT IMPLEMENTATION AGREEMENT
3
4 This AGREEMENT, for purposes of identification numbered D02-048, entered into
5 this �'L day of 2002, by the County of orange, (herein called
g the COUNTY) , the Orange County Flood Control District (herein called DISTRICT) and the
7 cities of Aliso Viejo, Anaheim, Brea, Buena Park, Costa Mesa, Cypress, Dana Point,
$ Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, Laguna Beach,
G Laguna Hills, Laguna Niguel, Laguna Woods, Lake Forest, La Habra, La Palma, Los
10 Alamitos, Fission Viejo, Newport Beach, Orange, Placentia, Rancho Santa Margarita, San
11 Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Stanton, Tustin, Villa Park,
12 Westminster, and Yorba Linda (herein called CITIES) restates the agreement provisions
13 made previously by the COUNTY, DISTRICT and CITIES with respect to compliance with the
14 National Pollutant Discharge Elimination System (NPDES) municipal stormwater permits
15 issued for Orange County and amends specified provisions to add three additional
16 cities, revises participant share calculations and allows participant share
17 )calculations on a countywide and regional basis. The COUNTY, DISTRICT and CITIES may
18 The referred to collectively as PERMITTEES or individually as a PERMITTEE in this
19 AGFEEMENT.
20
21 RECITALS
22
23 WHEREAS, Congress in 1987 through the Water Quality Act (herein called WQA)
24 amended Section 402 of the Federal Clean Water Act (33 U.S.C.A. 1342 (p) ) to require
25 the federal Environmental Protection Agency to promulgate regulations for applications
2$ for permits for stormwater discharges; and
1 5-31-02 Fnal
~ �+` Agreement D02-04el
1 WHEREAS, these permit regulations will require the control of pollutants from.
2 stormwater discharges by requiring a National Pollutant Discharge Elimination System
3 permit which would allow the lawful discharge of stormwaters into waters of the United
4 States; and
5 WHEREAS, these EPA regulations require NPDES permits for discharges from
6 municipal storm sewers on a system-wide o; jurisdiction-wide basis; and
7 WHEREAS, the Legislature, in enacting the Orange County Flood Control Act,
8 created the Orange County Flood Control District to provide for the control of flood
g and storm waters; and
10 WHEREAS, the powers granted to the DISTRICT include carrying on technical and
11 other investigations, examinations, or tests of all kinds, making measurements,
12 collecting data, and making analyses, studies, and inspections pertaining to water
13 supply, control of floods, use of water, water quality, nuisance, pollution, waste,
14 and contamination of water, both within and without the DISTRICT; and
15 WHEREAS, the COUNTY, the DISTRICT and the CITIES desire to develop an integrated
16 stormwater discharge management program with the objective of improving water quality
17 in the County of Orange; and
18 WHEREAS, the California State Water Resources Control Board (CSWRCB) as designee
19 of the EPA has delegated authority to the Regional Water Quality Control Boards-Santa
20 Ana Region (RWQCB-SAR) and San Diego Region (RWQCB-SDR) (collectively, the RWQCBs) for
21 administration of the NPDES stormwater permit application process within the
22 boundaries of their Regions; and
23 WHEREAS, the COUNTY, DISTRICT and CITIES have been designated as PERMITTEES by
24 the RWQCBs; and
25 WHEREAS, the COMITY has been designated as the Principal PERMITTEE on the
26 permits; and
2 5-31-02 Final
~ �+� Agreement D02-048!
1 WHEREAS, cooperation between the CITIES, the COUNTY and the DISTRICT to jointly
2 file applications for NPDES Stormwater permits and implement common programs, to the
3 extent feasible, is in the best interests of the CITIES, the COUNTY and the District;
4 and
5 WHEREAS, the COUNTY is willing to share the expertise of its staff with the
6 CITIES so that they can join in seeking and implementing certain requirements of the
7 NPDES Stormwater permits; and
8 WHEREAS, the PERMITTEES approved a Stormwater Permit Implementation Agreement to
9 memorialize program cooperation based on the above recitals on December I8, 1990 which
10 was subsequently amended on October 26, 1993 by Amendment No. 1 (the December 18, 1990
11 Agreement as Amended by Amendment No. 1 will be referred to collectively hereinafter
12 as the ORIGINAL AGREEMENT) ; and
13 WHEREAS, Section X of the ORIGINAL AGREEMENT provided that the ORIGINAL
14 AGREEMENT may be amended by consent of a najority of the PERMITTEES which represent a
15 majority of the percentage contributions as described in Section IV of the ORIGINAL
16 AGREEMENT; and
17 WHEREAS, Section VI of the ORIGINAL AGREEMENT states that any city which becomes
signatory to this ORIGINAL AGREEMENT after the applications for the initial NPDES
19
stormwater permits have been approved shall comply with all of the provisions of the
19
ORIGINAL AGREEMENT; and,
20
WHEREAS, pursuant to Sections VI and X of the ORIGINAL AGREEMENT, the PERMITTEES
21
approved Amendment No. 1 to the ORIGINAL AGREEMENT (herein called AMENDMENT NO. 1) on
22
October 26, 1993 to add two newly incorporated cities, provide participant share
23 calculations based on thirty-three PERMITTEES and establish a Technical Advisory
24 Committee; and
25 WHEREAS, the PERMITTEES now desire to restate those provisions in the ORIGINAL
26 AGREEMENT that remain unchanged and amend specified provisions to add three additional
3 5r31-02 Final
Agreement D02-046!
i cities, revise participant share calculations and allow participant share calculations
2 on a countywide and regional basis.
3 NOW THEREFORE: The PERMITTEES hereto do mutually agree to add the cities of
4 Aliso Viejo, Laguna Woods and Rancho Santa Margarita as PERMITTEES under this
5 AGREEMENT, to restate those provisions in the ORIGINAL AGREEMENT that remain unchanged
6 and amend Sections II, III.A. , III.B., III.C. , IV, VIII, IX, XI and XV in their
7 entirety as follows:
8 I. FILING STATUS
9 The COUNTY, DISTRICT and CITIES will file the applications for stormwater
10 permits as PERMITTEES. The COUNTY, the DISTRICT and each individual City
11 will be a PERMITTE£.
12 II. INCORPORATION OF FEDERAL GUIDELINES
13 The terms of all applicable Federal and State water quality regulations
14 and guidelines under the Clean Water Act and Water Quality Act, as
15 presently written or as changed during the life of this agreement are
16 hereby incorporated by reference and made a part of this AGREEMENT and
17 take precedence over any inconsistent terms of this AGREEEMENT.
18 III. DELEGATION OF RESPONSIBILITIES
19 The responsibilities of each of the parties shall be as follows:
20 A. The COUNTY, on a cost-shared basis, shall administer system
21 compliance by:
22 2. Preparing implementation and annual operating budgets. The
23 budget year shall coincide with the fiscal year of the COUNTY,
24 July I - June 30.
25 a. The participants shall be permitted to review and
26 approve the annual operating budget and work plan for
the forthcoming year. Criteria for approval shall be
5-31-02 Final
Agreement D02-048-
1 affirmative responses from a majority of the PERMITTEES
2 which represent a majority of the percentage
3 contribution as described in Section IV. The COUNTY and
4 the DISTRICT will represent one voting PERMITTEE with
5 their percentage contribution equal to the total of the
6 COLR7TY and_the DISTRICT as described in Section IV. The
7 review period shall be from January 1 to January 31 of
8 each year with approval of the final budget to be
g completed by February 15.
t0 b. The annual operating budget shall not be exceeded
11 without prior consent of the majority of the PERIMITTEES
12 which represent a majority of the percentage
13 contribution.
14 2. Consulting with the city managers and any committees
15 established by the city managers when preparing budgets and
16 major program elements.
17 3. Preparing compliance reports to the Regional Board and
1e providing copies to the PERMITTEES.
19 4. Preparing a model system-wide Best Management Practices (BMP)
20 Program. report.
21 S. Monitoring the implementation and ensuring the effectiveness
22 of system-wide BMPs. This will include field reconnaissance to
23 evaluate structural and procedural BMPs. An annual report to
24 the RWQCBs will be prepared presenting the results of these
25 evaluations.
26 6. The COUITrY as Principal PERMITTEE may retain the services of
professional consultants and may fund, or contribute to
5 5.31-02 F'mal
l
Agrr eement• D02-04E
1 funding technical and/or economic studies conducted by
2 professional organizations such as the American Public Works
3 Association
4 B. The DISTRICT shall, to the maximum extent practicable, and on a
5 cost-shared basis except as set forth in subparagraph 4 below:
g 1. Perform the water quality and hydrographic monitoring for
7 permit compliance.
g 2. Administer the water pollution control program by enforcing
g the Orange County water Quality Ordinance.
10 3. Develop uniform criteria for annual inspection of drainage
11 facilities.
12 4. Perform inspections, at no cost to the CITIES or the COUNTY,
13 on those facilities owned by the DISTRICT and on municipal
14 separate storm sewers in unincorporated County. Contracts for
15 such inspections within CITIES may be undertaken at the sole
16 expense of the requesting city.
17 C. The CITIES shall, to the maximum extent practicable, and at no cost
1s to COUNTY or DISTRICT:
19 1. Implement a facility inspection program in accordance with -the
20 uniform criteria developed by the DISTRICT, for all municipal
21 separate storm sewers as defined by the stormwater permit and
22 within the jurisdictional boundaries of that city.
23 2. Submit to the COLY971 stormwater drain maps with periodic
24 revisions which reflect the modifications that were made to
25 the storm drain system.
26 3. Prepare watershed characterizations, including:
a. Zoning designations, and
6 5.31-02 Final
Agreement D02-048
1 b. Identification of areas where hazardous materials
2 presently are or are suspected to have beer. stored,
3 manufactured, or disposed. This shall include sites at
Q which a hazardous material spill has occurred.
5 4. Review, approve, and implement system-wide BMPs.
6 S. Eliminate, or have eliminated, illegal/illicit connections to
7 the storm drain system.
8 6. Identify the legal authority for control of discharges to the
9 storm drain system.
10 7. Provide to the COUNTY annual reports ion forms provided by the
11 COUNTY) and any other information needed to satisfy annual
12 reporting requirements of the RWQCBs.
13 8. Adapt and enforce, or name DISTRICT as enforcer of a water
14 pollution control ordinance, which prohibits non-NPDES
15 permitted discharges to the municipal separate storm sewer
16 system.
17 D. The COUNTY shall, to the maximum extent practicable and at no cost
18 to the CITIES or the DISTRICT, undertake in the unincorporated areas
19 of the COUNTY all activities required above of the CITIES that are
20 not responsibilities of the DISTRICT as outlined in Section III. B.-
21 E. The PERMITTEES hereby establish a Technical Advisory Committee
22 (herein called COMMITTEE) consisting ox five members chosen by the
23 Orange County City Engineers Association, and one member
24 representing the COUNTY. The COMMITTEE shall prepare by-laws for the
25 Technical Advisory Committee and submit same to PERMITTEES for
26 approval. The COMMITTEE will act in an advisory role to the
7 5-31-02 Foal
�✓ Agreement V02-04el
PERMITTEES and implement policy previously established by the
2 PERMITTEES.
3
4 IV. PROGRAM COSTS
5 The responsibilities for payment of all shared costs of equipment,
6 services, contracted analytical services, and the cost of the Regional
7 Board permits, shall be distributed among the COUNTY, DISTRICT, and CITIES
g as followst -
g Participants Percentage Contribution
10 DISTRICT 10
11 CITIES + COUNTY 90
12
13 The individual percentage contributions from each city and the COUNTY
14 shall be functions of their respective areas and population relative to
15 those of the entire County. Each area shall be calculated as one half of
16 the sum of the area and population fractions, multiplied by 90%. Excluded
17 are national forests, state parks, airports, landfills, oceans, harbors,
16 tidal bays and military installations (Exhibit A-1) . The contribution of
19 the COLINTY shall be calculated from unincorporated areas and their
20 respective populations.
21
22 Share in percent for City #1 { (X1/Xtot) + (Y1/Ytot) )/2 x (90)
23 X • area
24 Y - population
25 tot total population cr area
26 90 - total percentage excluding Flood Control District contribution
8 5-31-02 Final
�..� `✓ Agreement D02-048�
1 The percentage share shall be calculated by the COUNTY Public Facilities
2 and Resources Department Environmental Resources Section from population
3 and area data. These calculations shall be completed by January 1 of each
4 year and shall be included in the annual budget proposal. The annual
5 budget proposal shall be recomputed for the thirty-six PERMITTEES based on
6 the following percentage share computation methods:
7 A. Countywide costs as provided in Exhibit B-1.
8 B. Regional costs specific to only one RWQCB permit as provided in
g Exhibits B-2A and B-2B.
10 C. In the event of a regulatory directive issued to PERMITTEES, the COUI.'TY
11 shall provide immediate notice to the affected PERMITTEES and meet and
12 confer with them with respect to responding to the directive and
13 funding the immediate response.
14
15 Amended calculations and computation method for fiscal year 2002-03 are
16 provided in Exhibits B-1, B-2A and B-2B, which are made a part hereof.
17
18 If at any time during a given fiscal year the program costs exceed the sum
19 of the deposits, the COUNTY shall submit invoices to the CITIES to recover
20 the deficit, following the approval process described in Section
21 III.A.l.b. above. The share for each city shall be prorated according to
22 the formula above. Each city shall pay the invoice within 45 days of the
23 billing date.
24
25 The COUNTY shall prepare a fiscal year end accounting within 60 days of
26 the end of the fiscal year. If the fiscal year end accounting results in
costs (net of interest earnings) exceeding the sum of the deposits, the
9 5-31-02 Final
Agreement D02-046
1 CO•JKTY shall invoice each city for its prorated share of the excess cost.
2 Each city shall pay the billing within 45 days of the date of the invoice.
3 If the fiscal year end accounting results in the sum of the deposits
4 exceeding costs (net of interest earnings) , the excess deposits will carry
5 forward to reduce the billings for the following year.
6
7 The COUNTY shall invoice each city for its annual deposit at the beginning
g (July 1) of each fiscal year. Each city shall pay the deposit within 45
g days of the date of the invoice. Each city's deposit shall be based on
10 their prorated share of the approved annual budget, reduced for any
11 surplus identified in the prior fiscal year end accounting.
12
13 Interest earned on the CITIES' deposits will not be paid to the CITIES,
14 but will be credited against the CITIES' share of the program costs.
15
16 Upon termination of the program a final accounting shall be performed by
17 the COUNTY. If costs (net of interest earnings) exceed the sum of the
18 deposits, the COUNTY shall invoice each city for its prorated share of the
19 excess. Each city shall pay the invoice within 45 days of the date of the
20 invoice. If the sum of the deposits exceeds the costs, the COUNTY shall
21 reimburse to each city its prorated share of the excess, within 45 days of
22 the final accounting. Interest earnings are used to offset the CITIES'
23 share of program costs and will not be refunded to the CITIES.
24
25 Each city and the COUNTY shall bear the financial responsibility for
26 implementing the Program, within its jurisdictional boundaries, as
outlined in Section III. C. and D.
10 5-31-02 Final
Agreement D02-046
1
2 V. LIFE OF THE AGREEMENT
3 The life of the AGREEMENT shall be indefinite or as long as the WQA
4 mandates compliance.
5 VI. ADDITIONAL PARTIES
6 Any city which becomes signatory to this AGREEMENT after the applications
7 for the initial NPDES stormwater permits have been approved and any city
g which becomes incorporated shall become a PERMITTEE on the NPDES
g stormwater permit issued by its respective RWQCB and shall comply with all
10 of the provisions of this AGREEMENT. The date of initiation, for
11 determining participant costs for newly incorporated CITIES shall be the
12 date of incorporation, and for a city signing after NPDES stormwater
13 permit approval it shall be the date of the initial application for the
14 NPDES Stormwater permit. The costs for adding the additional parties to
15 the program, including additional permit and processing fees, shall be
16 paid by the added party. Monies to be reimbursed to the existing
17 PERMITTEES shall be credited to their respective annual program operating
18 fees for the following budget year.
19 VII. WITHDRAWAL FROM THE AGREEMENT
20 A participant may withdraw from the AGREEMENT 60 days subsequent to
21 written notice to the COUNTY. The COUNTY will notify the remaining
22 PERMITTEES within 10 business days of receipt of the withdrawal notice.
23 The withdrawing participant shall agree to file for a separate permit and
24 to comply with all of the requirements established by the RWQCB(s) . In
25 addition, withdrawal shall- constitute forfeiture of the withdrawing
26 participant's deposit for the budget year of withdrawal. The withdrawing
participant shall be responsible for all lawfully assessed penalties as a
11 5.31-02 Final
W Agreement D02-0481
1 consequence of withdrawal. The cost allocations to the remaining members
2 will be recalculated in the following budget year.
3 VIII. NON-COMPLIANCE WITH PERMIT REOUIREMEN TS
4 Any PERMITTEE found in non-compliance with the conditions of the permit
5 within their jurisdictional responsibilities shall be solely liable for
6 any lawfully assessed penalties, pursuant to Section 13385 of the Water
7 Code and the Federal Clean Water Act. Common penalties shall be calculated
8 according to the formula outlined in Section IV.
9 IX. LEGAL ACTION/ COSTS/ ATTORNEY FEES
10 Where any legal action is necessary to enforce any provision hereof for
11 damages by reason of an alleged breach of any provisions of this
12 AGREEMENT, the prevailing party shall be entitled to receive from the
13 losing party all litigation and collection expenses, administrative costs,
14 witness fees and court costs including reasonable attorneys fees.
15 X. AMENDMENTS TO THE AGREEMENT
16 This AGREEMENT may be amended by consent of a majority of the PERMITTEES
17 which represent a majority of the percentage contributions as described in
18 Section IV. The COUNTY and the DISTRICT will represent one voting
19 PERMITTEE with a percentage contribution equal to the sum of the
20 individual contributions of the COUNTY and DISTRICT as described in
21 Section IV. No amendment to this AGREEMENT shall be effective unless it is
22 in writing and signed by the duly authorized representatives of the
23 majority of PERMITTEES.
24 XI. -AUTHORIZED SIGNATORIES
25 The County Director of the Public Facilities and Resources Department and
26 the respective City Managers, shall be authorized to execute the
application(s) for NPDES municipal stormwater permits? and take all other
12 5•31-02 Final
Agreement D02-046.
1 procedural steps necessary to file the application(s) for NPDES municipal
2 stormwater permit(s) .
3 XII. NOTICES
4 All notices shall be deemed duly given if delivered by hand; or three (3)
5 days after deposit in the U.S. Mail, postage prepaid.
6 XIII. COVER-14ING LAW
7 This AGREEMENT will be governed and construed in accordance with laws of
g the State of California. If any provision or provisions of this AGREEMENT
g shall be held to be invalid, illegal or unenforceable, the validity,
10 legality and enforceability of the remaining provisions shall not any way
11 be affected or impaired hereby.
12 XIV. CONSENT TO BREACH NOT WAIVER
13 No term or provision hereof shall be deemed waived and no breach excused,
14 unless such waiver or consent shall be in writing and signed by the
15 PERMITTEE to have waived or consented. Any consent by any PERMITTEE to, or
16 waiver of, a breach by the other, whether express or implied, •shall not
17 constitute a consent to, waiver of, or excuse for any other different or
18 subsequent breach.
19 XV. APPLICABILITY OF PRIOR AGREEMENTS
20 This document restates and amends the provisions in prior agreements and
21 constitutes the entire AGREEMENT between the PERMITTEES with respect to
22 the subject matter; all prior agreements, representations, statements,
23 negotiations and undertakings are superseded hereby.
24 XVI. EXECUTION OF THE AGREEMENT.
25 This AGREEMENT may be executed in counterparts and the signed counterparts
26 shall constitute a single instrument.
13 5.31.02 Final
Agreement D02-046
1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates
2 opposite their respective signatures:
3
ORA21GE COMrrY FLOOD CONTROL DISTRICT
4 A body corporate and politic
$y
6 Chairman of the Board of Supervisors
7
S COUNTY OF ORANGE
A body corporate and politic
9 ,f /�
10 Date: 66 -v��11-5—o By /' I/.
&we�'
Chai man of the Board of Supervisors
11
12 SIGNED AND CERTIFIED THAT A COPY OF
THIS AGREEMENT HAS BEEN DELIVERED TO
13 THE CHAIPYJM OF THE BOARD
14
CO ' a-5 a s B r x
15 Date. y �_L
DARLENE J. BLOO &P61
16 Clerk of the Board of Sup rvisors of
Orange County, California
17
18 APPROVED AS TO FORM
COUNTY COUNSEL
19 ORANGE COU27TY, CALIFORNIA
20
21 By
Geof/eK.ZHunt,ZDeputy
22
23 Date:
24
25
26
14 5-31-02 Final
Agreement D02-0.3E
1 CITY OF ALISO VIEJO
2
3
4 Date: L1)e-nbe.- 0?6 2002 ByaMayor
L
5
6
7 ATTEST- APPROVED AS TO FORM:
8
9 City Clerk City Attorney
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
15 5-31-02 Final
_ Agreement D02-045
1 CITY OF ANAMIM
2
3 �^
Date: 2002 By:
4 Mayor
5
6
ATTEST: APPROVED AS TO FORM:
7 JACK L. WHITE, CITY ATTORNEY
8
City/tlezk By: ALISO M. KOTT, DEPUTY CITY ATTORNE
1a
11
12
13
14
15
16
17
18
19
23
21
22
23
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25
26
16 5-31-02 Firal
Aareemen: D02-046
1 CITY OF BREA
2
3
4 Date: ! 7 2002 By:
Mayor "" f
5 r i
6
7 ATTEST: APPROVED AS TO FORM:
9 City Clerk y Attorney}
1Q
11
12
13
14
15
16
17
'!8
19
20
1
21
22
23 �
24
25
26
17
5-31-02 Final
W Agreement D02-04E
1 CITY OF BUENA PARK
2
3
Date: — junC 25 2002 Ey: �A-thal-C
4 Mayor
5
6
ATTEST: APPROVED AS TO FORM:
7
9 City Clerk City Attorney
i0
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
lE
5-37-02 Final
Agreement D02-04E
1 CITY OF COSTA MESA
2 '
3
4 Date: 2002 By:
61,
Mayor
5
6
l ATTEST: APPROVED AS TO FORM:
8
Pg i y Clerk City Attorney
10
C/
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
19 5-31.02 Final
i
Agreement D07-046
1 CITY OF CYPRESS
2
3 i '\
Date: 10 2002 By:
4 Mayor 0
5
6
ATTEST: APPROVED AS TO FORM:
7
9 ..y clerk City Attorn
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
20 "1-02 fftl
Acreement D02-048
1 CITY OF wom POINT
2
3
Date: 2002 By:
4 for
5
6
ATTEST: APPROVED AS TO FORM:
7
8
9 City rk C ty Attorney
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
21 5-31-02 Final
Agreement D02-048
1 CITY OF FO=. AIN 47LLLEY
2
3
4 Date: du 2002 By:
ayor
5
6
7 ATTEST: APPROVED AS TO FORM:
8 Z //
9 Q19,41, &�-� -./ ?_-e-��
City Cierk r. J((1j� �("� City Attorney
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
22 5•31-02 Final
Agreement D02-048
1 CITY OF FMLERTOti
2
4 Date: 2002 By:
Mayor
5
6
7 ATTEST: APPROVED AS TO FORM:
8
City CILtrk Ci_y Atto ey
10
11 APPROVED AS TO CONTENT:
12
13 irector of Engineering
14
15
16
17
18
19
20
21
22
23
24
25
26
23
531-02 F'u'►al
• `� Agreement D02-04ei
1 CITY OF GARDE11 GROVE
2
3
Date: S"./ 2-7 2002 By:
4 ONE-
5
fi
ATTEST: APPROVED AS TO FORM:
7
8
9 t erk City Atto e
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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26
24 5-31-02 Final
Agreement D02-048
1 CITY OF HUNTINGTON BEACH
2
3
Date: l 2002 By:
4 4aor
5
6
ATTEST: APPROVED AS TO FORM:
7
8 ,
9 City Clerk City Attorney
/ 6v
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
5-31-02 Final
Agreement D02-048
1 CITY OF RM.TTINGTON BEACH
2
3
Date: .Z 2002 By:
4 M yor
5
6
ATTEST: APPROVED AS TO FORM:
7
8 ,
9 City Clerk 14—City Attorney v
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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26
25 5.31-02 Final
Agreement D02-048
1 CITY OF IRVINE
2,
3
Date: 1.-� Z 1 2 C��.. 2002 By:
4 Mayor
r
5
6
ATTEST: APPROVED AS TO FORM-
7
8
9 City Clerk Cite Attorney
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
44 1 M FiwW
Agreement D02-048E
1 CITY OF LA HABRA
2
3
Date: 2002 By: 4
4 May em
5
6
ATTEST: APPROVED AS TO FORM:
7
a
9 City Clerk Ci A orney
1a
11
12
13
14
15
16
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18
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20
21
22
23
24
25
26
27 5-31-02 Final
Acreement D02-0481
1 CITY OF LA PALMA
2
3 ,
Date: -7LT 2002 By:
4 Mayor
5
6
ATTEST: APPROVED AS TO FORM:
7
9 City rney
10 P644( �' Vlerk-
11 ((
12
13
14
15
16
17
18
19
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21
22
23
24
25
26
28 5-31.02 Final
1 CITY OF LAGUNA BLAW)
4
2
w
Date: 2002 By:
Chy -manager
5•
ATTEST: AF?ROVED AS TO FORE:
7
8 rIA
9 City Clerk City Attorney
10
71
12 =f cP'�O+4T,
13 c
14
ycF COS GP��
15
1fi
17
16
19
20
21
22
23
2'
25
26
5-31-C2 Fral
29
Agreement D02-04>3
1 CITY OF LAGUNA HILLS
2
3
Date: June 11 2002 By:
4 Mayor R Cr 9 Sco
5
6
ATTEST: APPROVED AS TO FORM:
7 �
8
9 city Clerk ,,4,ar•v A. Carlson city Attorney Lois E. JdWf6Y
10
11
12
13
14
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16
19
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21
22
23
24
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26
30 5-31-02 Final
r Agreement D02-04EI
1 CITY OF LACUNA NIGUEL
2
3
Date: �V 2002 13
4 =Mayor ` 4
r
5
6
ATTEST: APPROVED AS TO FORM:
7
a �j
Ci y Cl k City At orne
10
11
12
13
14
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23
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26
31 5-31-02 Final
Agreement D02-046�
1 CITY OF LAGMIA WOODS
2
3
Date: G -. Lr' ��y 2002 By:
4
Ma or
5
6
ATTEST: APPROVED AS TO FORM:
7
9 City Clerk Cky Attorney
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
32 5-31-02 Final
�J Agreement D02-046
1 CITY OF LAKE FOREST
2
3
Date: 2002 By: 2Z�Zj
4 Richard T. Dixon, Mayor
5
6
ATTEST: APPROVED AS TO FORM:
7
S Sheriy A.F. -Kehtz, Cicv Clezk Thomas W. Allen, City Attorney
10 =�
11
12
13
14
15
16
17
18
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21
22
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24
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33 5-31-02 Final
Agreement D02-04S
1 CITY OF LOS ALAMITOS
2
,.-!
3
Date: June 24 2002 By:
4 Mayor Rai l Bates
5
6
ATTEST: APFl<OVED AS TO FORM:
7
i
9 d ti�Cieil C. DC c6rdova (-Zity ttorney Fred Galante
10
11
12
13
14
15
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19
''0
21
22
23
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26
34 5.31-02 Final
v" c ement D02- S�
A_re 03
1 CITY OF MISSION VIEJO
2
3
Date: . 7 �.) L 2002 By-
4 Mayor
5
6
ATTEST: APPROVED AS TO FORM-
7
8
City Clekl
City Attorney
10
11
12
13
14
15
16
17
18
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20
21
22
23
24
25
26
35 5-31-02 Final
Agreement D02-045
CITY OF NEWPORT BEACH
2
3
Date: Y6\-5 2002 By: c"c- �. .' J?A-�
4 Mayor
5 O� NELti�
u %
ATTEST: APPROVED AS TO FORM:
7
pRl411.
8 q�y
9 City Clerk Atytorney
10
11
12
13
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20
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26
36 5-31-02 Final
Agreement D02-048'
1 CITY OF ORANGE
2
3 11/J,l
Date: 2002 By:
4 Mayor
5
6
ATTEST: AFPROVED AS TO FORM:
7
8
9 City Clerk kCty A or
10
cv-
11
12
13
14
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22
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37
5.31-02 Final
Agreement D02-036
1 CITY OF PLACE14TIA
2
3
4 Date: �L.IJ�k� g 2002 y:
Mayor
5
6
ATTEST: APPROVED AS TO FORM:
7
9 City Clerk City Attorney
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
38 5-31-02 Final
Agreement D02-046
1 CITY OF RANCHO SANTA MARGARITA
2
3
Date: June 20 2002 By:
Mayor James M. Thor
5 /
6
ATTEST: APPROVED AS TO FORM:
7
8 •�� '1
9 City Clerk Debbie la}sn C't AttorneyAghn E. C Haugh
10 /
11
12
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39 5-31-02 Final
Aareeme^_ DC2-04E
CITY OF SAP: CLEMENTE
2
3
Date: � U"-c 1 2002 By:
4 M,� 'or
5
6
ATTEST: APPROVED AS TO FORM:
7
8
9 City Cherly qy/'Attornty
10
11
12
13
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22
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26
40 5-31-02 Final
Agreement D02-046
1 CITY OF SAN JUAId CAPISTRANO
2
3 / J •�
Date: L9 - M) 2002 By:
4 Mayor Diane BathgdvAd
5
6
ATTEST: APPROVED AS TO FOP.M:
7
12G
9 i Clerk City A torney
10 '
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
41 5.31-02 Final
Agreement D02-04
1 CITY OF SANTA ANA
2
1
3 •
Date: �lT -� _ , 2002 By:
4
5
6
ATTEST: APPROVED AS TO FORM:
7 ,.
8 ! ;
9 City Clerk City Attdrney
10 V
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
42 5-31-02 Finaf
V n=_eemen. D_2-04E
1 CITY of SEP.L BUC1?
2
3 -�
Date: LI�J 2002 By:
4 � Mayor
5
6
ATTEST: APPROVED AS :0 FORM:
7 !�
Ci y ..perk City Attorney
10
11
12
13
14
15
16
17 ,
18
19
20
21
22
23
24
25
26
43 5-31-02 Final
Agreement. D02-048
1 CITY OF STANTON
2
3
4 Date: June 25 , 2002 By:
Mayor
5
6
ATTEST: APPROVED AS TO FORM:
7
8
9 City Clerk ity At n;ey
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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26
44 5-31-02 Final
Agreement D02-045'
1 CITY OF TUSTIN
2
3 r
4 Date: 1 l a 2002 By: Ma("
jo
5
6
7 ATTEST: APPROVED AS TO FORM:
8 17vna_Q�;; -- j "
9 City Clerk City Attorney
10
11
12
13
14
15
16
W
18
19
20
21
22
23
24
25
26
45
5-31-02 Final
Agreement D02-045.
1 CITY OF VILLA PARK
2
3
Date: , 2002
4 Mayor
5
6
ATTEST: APPROVED AS TO ro".m:
7
;• 1
City"Clerk Cit�'Attorney
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
45 5-31-02 Final
_
� Agreement D02 0481
i
1 CITY OF WESTMINSTER
2
•
3 ,
Date: =0 , 2002 By:
Mayor
5
6
ATTEST: APPROVED AS TO FORM:
7
9 City erk A-Yey
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
47 3-31-02 Final
Agreement D02-048
1
2 CITY OF YORBA LI1MA Z &��
$Y=
3 Mayor Allen Castellano
Date: Ap 2002
4 APPROVED AS TO FORM:
ATTEST:
-Amp,�- ctpyu�
J -
7 City Clerk City Attorney
Best, Best & Krieger, LLP
8
9
10
11
12
13
14
is
16
17
18
19
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21
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48 5-31-M Final
EXHIBIT A - 1
LAND AREA DEDUCTED FROM JURISDICTIONS
Landfills Area so miles Jurisdiction
Olinda 0.89 County
Santiago 0.25 County
Prima Descheca 2.34 County
Bee Canyon 1.13 County
Coyote Canyon 2.09 County
State Parks
Alamitos State Beach 0.002 Seal Beach
Bolsa Chica State Beach 0.27 Huntington Beach
Chino Hills State Park 4.09 County
Corona Del Mar State Beach 0.05 newport Beach
Crystal Cove State Park 6.30 County
Doheney State Beach 0.40 Dana Point
Huntington State Beach 0.21D Huntington Beach
San Clemente State Beach 0.18 San Clemente
Airports
Fullerton 0.11 Fullerton
John Wayne 0.78 County
Military facilities
MCAS Tustin 2.40 Tustin
MCAS El Toro 6.25 County
Los Alamitos Armed Svs. Center 2.07 Los Alamitos
Seal Beach Weapons Station 2.17 Seal Beach
National Forests
Cleveland National Forest 86.75 County
49
EXHIBIT B-1
Cost Sharing For Region Specific Elements
NPDES Permittee Shares of Revenue
Fiscal Year 2002/2003
Permittee Population Area(sq.mi.)" Weighted Average Budget Share
Share of Revenue(7.) FY 2002-2003
Aliso Viejo... 40,166 7.15 1.168548686 $70,114
Anaheim 336,300 49.761 9.005630974 $540,344
Brea 36,100 10.954 1.399038534 $83,943
Buena Park 80,100 10.064 2.007224432 $120,435
Costa Mesa 110,900 15.480 2.898146677 $173,891
Cypress 47,150 6.925 1.258634332 $75,519
Dana Point 35,800 6.440 1.046705013 $62,803
Fountain Valley 55,900 9.553 1.595652357 $95,740
Fullerton 129,200 22.536 3.723143526 $223,391
Garden Grove 169,200 17.900 3.981247954 $238,877
Huntington Beach 193,700 27.283 5.080856025 $304,855
Irvine 150.100 46.148 5.863460245 $351,811
La Habra 60,800 7.313 1.498466857 $89,909
La Palma 15,700 2.014 0.396615551 $23,797
Laguna Beach 24,150 7.820 0.973824935 $58,430
Laguna Hills 33,900 6.626 1.031809811 $61,909
Laguna Niguel 63,200 15.003 2.127750971 $127,666
Laguna Woods- 16,750 3.050 0.492569562 $29,554
Lake Forest 76.700 16.795 2.473428382 $148,407
Los Alamitos 11,750 4.256 0.508566627 $30,514
Mission Viejo 96,600 17.427 2.828184924 $169.693
Newport Beach 72,000 27.740 3.244247595 $194,657
Orange 132.800 23.329 3.839599305 $230,378
Placentia 47,600 6.606 1.240982586 $74,460
Rancho Santa Margarita- 48,350 13.080 1.751218729 $105,074
San Clemente 52,500 17.697 2.170701556 $130,243
San Juan Capistrano 34,600 14.054 1.614764803 $96,887
Santa Ana 348.100 27.349 7.460695499 $447,646
Seal Beach 24,500 10.660 1.197977061 $71,879
Stanton 38,300 3.131 0.830259739 $49,816
Tustin 69,200 10.992 1.911061605 $114,665
Villa Park 6,125 2.088 0.255047196 $15,303
Westminster 89,900 10.190 2.167659672 $130,061
Yorba Linda 60,000 19.918 2.45714216 $147,430
County of Orange 117,634 86.846 8.499136117 $509,953
OCFCD 0 0.000 10 $600,006
TOTALS 2,925,775 584.178 100.00000 $6,000,063
Source:State of California,Department of Finance,E-1 Ciry/Counry Population Estimates with Annual
Percent Change January 1,2000 and 2001,Sacramento,California,May 2001.
"Source:Public Facilities and Resources Department-Geomatics. Area was calculated In
miles using the dry land area figures and subtracting areas in each jurisdiction for national forests,state
parks,airports,landfills and military installations as determined in the NPDES Implementation Agreement.
Source:County of Orange will cover the program costs until the cities are added onto the Implementation
Agreement.
EXHIBIT B-2A
Santa Ana Region Water Quality Monitoring Element Cost Sharing
NPDES Permittee Shares of Revenue
Fiscal Year 2002/2003
Permittee Population Area(sq.mi.)" Weighted Average Budget Share
Share of Revenue(%) FY 2002-2003
Anaheim 336,300 49.761 11.50900704 $81.714
Brea 36,100 10.954 1.825103021 $12.958
Buena Park 80,100 10.064 2.553351287 $18,129
Costa Mesa 110,900 15.480 3.69761647 $26,253
Cypress 47,150 6.925 1.608166546 $11,418
Fountain Valley 55,900 9.553 2.047696569 $14,539
Fullerton 129,200 22.536 4.780735697 $33,943
Garden Grove 169,200 17.900 5.040702925 $35,789
Huntington Beach 193,700 27.283 6.484102882 $46,037
Irvine 150,100 46.148 7.651879999 $54,328
La Habra 60,800 .7.313 1.903863349 $13,517
La Palma 15,700 2.014 0.504819924 $3,584
Laguna Hills(17.77%in SAR) 6,024 1.177 0.236215028 $1,677
Laguna Woods•••(51.97%in SAR) 8,705 1.585 0.329114592 $2,337
Lake Forest(68.68%in SAR) 52,678 11.535 2.195733065 $15,590
Los Alamitos 11,750 4.256 0.666605749 $4,733
Newport Beach 72,000 27.740 4.259213593 $30,240
Orange 132,8D0 23.329 4.931287387 $35,012
Placentia 47,600 6.606 1.583054937 $11,240
Santa Ana 348,100 27.349 9.374656128 $66,560
Seal Beach 24,500 1D.660 1.577568779 $11,201
Stanton 38,300 3.131 1.044262359 $7,414
Tustin 69,200 10.992 2.447280658 $17,376
Villa Park 6,125 2.088 0.333769321 $2,370
Westminster 89,900 10.190 2.749617183 $19,522
Yorba Linda 60,000 19.918 3.213274703 $22,814
County of Orange(48.15%in SAR) 56.641 41.816 5.451300812 $38,704
OCFC D 0 0.000 10 $71,000
TOTALS 2,409.472 1 428.304 100.00000 $710.000
•Source:State of California,Department of Finance,E-1 City/County Population Estimates with Annual Percent Change,
January 1,2000 and 2001,Sacramento,California,May 2001.
••Source:Public Facilities and Resources Department-Geomatics. Area was calculated in
miles using the dry land area figures and subtracting areas in each jurisdiction for national forests,state parks,airports,
landfills and military installations as determined in the NPDES stormwater Implementation Agreement.
•'•Source:County of Orange will cover the program costs until the cities are added onto the Implementation Agreement.
EXHIBIT B-2B
San Diego Region Water Quality Monitoring Element Costs Sharing
NPDES Permittee Shares of Revenue
Fiscal Year 2002/2003
Permittee Population" Area(sq.mi.)" Weighted Average Budget Share
Share of Revenue(•/.) FY 2002-2003
Aliso Viejo— 40,166 7.15 5.564958394 $70,675
Dana Point 35,800 6.440 4.979452958 $63,239
Laguna Beach 24,150 7.620 4.362458062 $55,403
Laguna Hills(82.23%in SDR) 27,876 5.449 4.002585974 $50,833
Laguna Niguel 63,200 15.003 9.839674834 $124,964
Laguna Woods—(48.03%in SDR) 8,045 1.465 1.12410208 $14,276
Lake Forest(31.32%in SDR) 24,022 5.260 3.612339217 $45,877
Mission Viejo 96,600 17.427 13.45055257 $170,822
Rancho Santa Margarita— 48,350 13.080 7.990217078 $101,476
San Clemente 52,500 17.697 9.684824286 $122,997
San Juan Capistrano 34,600 14.054 7.072980193 $89,827
County of Orange(51.85%in SDR) 60,993 45.030 18.31585436 $232,611
OCFCD 0 0.000 10 $127,000
TOTALS 516,303 155.874 100 $1,270,000
'Source: State of California, Department of Finance, E-1 City/County Population Estimates with Annual Percent Change,
January 1, 2000 and 2001,Sacramento,California,May 2001.
•.Source: Public Facilities and Resources Department-Geomatics. Area was calculated in
miles using the dry land area figures and subtracting areas in each jurisdiction for national forests,state parks,airports,
landfills and military installations as determined in the NPDES stormwater Implementation Agreement.
"'Source:County of Orange will cover the program costs until the cities are added onto the Implementation Agreement.
ATTACHMENT #2 .1
� CITY OF HUNTINGTON BEACH
} INTERDEPARTMENTAL COMMUNICATION
To: Ray Silver, City Administrator
From: Clay Martin, Director of Administrative Services
Subject: FIS 2002-26 -- Approve Amendment of NPDES
Stormwater Permit Agreement
Date: June 5, 2002
As required by Resolution 4832, this Fiscal Impact Statement has
been prepared for "Approve Amendment of NPDES Stormwater
Permit Agreement".
If the City Council approves this request (total appropriation
$350,892), the estimated unreserved, undesignated General Fund
Bala n t September 30, 02 will be reduced to $6,713,644.
ay a in
Director of Administrative Services
Fund Balance-General Fund Adopted Budget Current Estimate
Beginning Fund Balance 10/1/20001 $ 11,741,000 $ 11,741,000
Plus:Estimated Revenue 133,663,000 132,883.000
Less:Estimated Expenditures (134,813,000) (135,727,000)
Fiscal Policy-Transfer to Capital Projects Fund (1,043,500)
Pending/Approved FIS's: (788,964)
FIS#26 (350,892)
Estimated 9/30/2002 Unreserved Balance $ 10,591.000 $ 6,713,644
General Fund Balance 2001-02
12000000
10000000
8000000
6000000 -=--$ ,591,
4000000- - 6 713,
2000000-
0..
ADOPTED CURRENT
BUDGET ESTIMATE
RCA ROUTING SHEET
INITIATING DEPARTMENT: Public Works
SUBJECT: Approve NPDES Permit Agreement
[COUNCIL MEETING DATE: I June 17, 2002
RCA ATTACHMENTS STATUS
Ordinance wlexhibits & legislative draft if applicable applicabl!2L Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Mae and/or other Exhibits Not Applicable
Contract/Agreement (wlexhibits if applicable)
(Signed in full by the City Attome Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City AHome Not Applicable
Certificates of Insurance (Approved ty the City Attome Not Applicable
Financial Im act Statement Unbud et, over$5,0001 Not Applicable
Bonds If applicable) Not Applicable
Staff Report If applicable) Not Applicable
Commission, Board or Committee Report If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORWARDED
Administrative Staff
Assistant Ci Administrator Initial
City Administrator initial o
City Clerk
V EXPLANATION FOR RETURN OF ITEM:
a.. Spacec• -
RCA Author. Daily
IUCITY OF HUNTINCTON BEACH
INTER-DEPARTMENT COMMUNICATION
ON
MACH Connie Brockway,City Clerk
Office of the City Clerk
Liz Ehdng, Deputy City Clerk II
To:
Date G 4� Meeting Date: 0/ /7 �' Agenda hem-
Proposed C*fy Council Agenda Items: The City Clerk's Office/City Administrator's Office must return your
agenda item due to the following requirements that have not been met. When your Agenda Item is ready to
resubmit,please return to: Elaine Kuhnke, Management Assistant, Administration
1. Signatures)Needed
A On RCA
B On Agreement
C Other
2. Attachments
A I Missing
D Not identified
C Other
3. Exhibits
A Missing
B Not identified
C Other
4. Insurance Certificate(Proof Of Insurance)
A Not attached
B Not approved by City Attorney's Office
C Signed form notifying City Ctcrk that department wilt be responsibt_for obtaining insurance certificate on this item.(See form attached)
1110,
5. Wording On Request For Council Action(RCA)Unclear 1001,
A Recommended Action on RCA not complete
B Clarification needed on RCA
C Other
6. City Attorney Approval Required
7. Agreement Needs To Be Changed
A Page No.
8. Other c,� �-,, v. ,0 t� •.�s�/ r a / .o .tis«—+xa
v
C.apvbann�r«m
Y
gqo Ke7..
CITY OF
HUNT'. �M` BEACH, CA
I II ,BAN 22 P 3 3 b
The City of Huntington Beach
City Council Study Session Santa Ana Region
January 22,2002 State Water Board Stomwwater NPDES Permit
State Water Board Stormwater NPDES Permit ■ Permit Is prescriptive which limits our ability
Santa Ana Region to appropriately plan and implement WO
pro1ects
■ Requires intensive Inspection&reporting
` ■ Removes'maximum extent
practicable'standard {
■ No funding source identified
4
2 � ;ire
Allowable Discharges
Prohibited Discharges
. sewage
■Composed entirely of storm water ■ wash waW from ges stations,auto rep*garages,
■ Potable water line flushing mobile auto operations
■ Discharges from cleaning,repair,or maintenance of
in Landscape irrigation equipment,machinery,conorsts,portable tolets
■ Dechlorinated discharges ■ water from deanng municipal,Industrial,and
oom l srte
is Non-commercial vehicle Runoff
fro
■ Runooff from material storage areas
washing ■ Pet waste,yard waste,litter,debris b
■ Emergency Ire fighting ■ Discharges fiom pod or fauntain
flows water containing chorine
8 4
5 �
Principal Permittee (County) Construction Sites
Restaurant Inspection Requirements Required Municipal Inspections
. Oil&grease disposal is Develop inventory of all construction sites
. Trash bin area ■ Prioritize WO risk at each site(high,medium or
is Parking lot,sidewalk and streets—wash water low)
■ Parking lot area—cleaned ■ Conduct inspections during wet season(Oct. 1-
by sweeping,not hosing i M ""�—"� " April 30)
down a High:monthly
. Inspection of grease F a Medium:twice
traps&interceptors a Low.once.
5 s
Existing Industrial Facilities Existing Commercial Facilities
Required Municipal Inspections Required Municipal Inspections
is Develop inventory of all Industrial sites ■ Develop inventory of commercial facilities
■ Prioritize WO risk at each site(high,medium ■Automotive
or low) ■ Mobile businesses(auto,carpet cleaning)
■ All high priority sites to be Inspected by July ■ Painting&coating
1.2003 ■ Nurseries,Landscaping&greenhouses
Every year after,conduct the following ■ Pool,fountain cleaning
inspections ■Tributary to&within 500 feel of an area of special
■High:annually biological significance
• Prioritize WO risk at each site
■Medium:once every two years ■ Establish Inspection frequencies and priorities
■Low.once per permit cycle ■ An high priority sites shatl be inspected
7 8
2
Review& Modify General Plan/CEQA Incorporate Watershed Principles into General
Processes Plan for New Developments
■ Ensure urban runoff-related issues are properly ■ Unit disturbance of natural water bodies d drainage
considered and addressed systems
■ Impacts of construction stormwater runoff ■ Minimize changes in hydrology and pollutant loading
■ Impacts of projects post-construction activity ■ Preserve wetlands,riparian corridors,and buffer zones
■ Potential for discharge of pollutants ■ Encourage the use of WO wetlands,biofiltration swa'es,
■ Potential for stormwater to affect the beneficial uses of watershed-scale retrofits
receiving waters ■ Provide permanent measures to reduce stormwater
■ Potential for significant changes in the flow vebcky of pollutant bads from development ekes
stormwater runoff to cause environmental harm ■ Establish guidelines for areas susceptible to erosion and
sediment loss.
91 10
WQMP Required For New
Developments New Development Requirements
• Add-Rion of 5.000 sq R or more of impervious surfaceM-7—FaterQuality Management Plans-
on an already developed site ress long-term initiatives
■ Home subdivisions of 10 units or more atural treatment systems
• Commercial-100.000 sq ff or more • Fossil fAlers
■ Automotive repair shops ■ Clarifiers
■ Restaurants-land development 5,000 sq.ft.or more • Grass Swales I Bio-f tters
a Hillside-10.000 sq it or more
■ Pervious Areas
• Developments of 2,500 sq ft of impervious surface,or ■ Storm water Pollutant Prevention
more adjacent lo an environmentally sensitive area Plans-address construction
pollutants(sediment,paints,solvents,
■ Parking lots of 5.000 sq ft or more concrete,gasoline.fertilizers;
11 12
3
Public Education $ Outreach City Staffs Current Position on Permit
■ Complete a public awareness survey to determine the is Support permit as is, however we are
effectiveness of current efforts. ooncemed that
■ Each permlltee shall participate in at least Ieventlyeer ■No funding mechanism has been identified
■ Minimum of 10 million Impresslonslyear
■ show that impressions`measurably increase the ■Does not allow for flexibility on allocating our
knowledge&change the behaviors of targeted group limited resources
■ Establish a committee to develop BMP guidance for ■offers no incentives for cities W go beyond
restaurants,automotive centers,gas stations
■ Develop materials to encourage the public to report the permit requirements
illegal dumping&stormwater BMP Information(hot line ■Maximum extent practicable standard
and web sae) changed to include ambiguous standards
a Develop gulence for household use
13 Peres'csrpetcleaning 14
Regional Channel Projects—
Financial Impact Constructed Vegetative Filters
& ast Garden
oleo Chita E
■ Preliminary cost estimates to develop programs 4 _ Grove Chico
& sburg Channels
&implement next year Q $15 million(26 cities
&county to share)
■ Trash removal&pre-treatment
■ Star will be requesting a proposal m CDM to
perform a study on the formation of a smrm • Create vagetathre filter areas to
drain utility fee. 9 treat urban runoff pollutants
inarft
■ Returningto the Council in the next couple • • suplan
radiation
Eater COnlam
P and W sun radiation ills
months to amend the agreement pollutants
■ Utility may be used to perform items mentioned ■ Benefits:Habitat creation,visually
In this permit and fund other dralnegetwater appealing,flood hazard reduction,
15 quality capital improvements. ground water rec arge
4
r
Or"C51NAL- CLERK OF THE SOARD
Amendment No. 1
Stormwater Permit Implementation Agreement
1 Amendment No. 1 to
�� National Pollutant Discharge Elimination System
2 Stormwater Permit Implementation Agreement
CLERK OF THE BOA.0 Santa Ana/San Diego Regions
3 ORANGE COUNTY
4 This AMENDMENT entered into as of this 'fk day of UrJt/ . 199/3by
5 the County of Orange, (herein called the COUNTY), the Orange County Flood Control
6 District (herein called the DISTRICT), and the Cities of Anaheim, Brea,' Buena Park,
7 Costa Mesa, Cypress, Dana Point, Fountain Valley, Fullerton, Garden Grove, Huntington
8 Beach, Irvine, Laguna Beach, Laguna Hills, Laguna Niguel, Lake Forest, -La Habra,
9 La Palma, Los Alamitos, Mission Viejo, Newport Beach, Orange, Placentia, San
10 Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Stanton, Tustin, Villa Park,
11 Westminster, and Yorba Linda (herein called the CITIES) adds two additional
12 co-permittees, provides revised participant share calculations, and establishes the
13 NPDES Technical Advisory Committee.
14 RECITALS
I
15 WHEREAS, Section X of the Stormwater Permit Implementation Agreement
16 (hereinafter, AGREEMENT) states that the Agreement may be amended by consent of a
17 majority of the co-permittees which represent a majority of the percentage
18 contributions as described in Section IV of the AGREEMENT; and
19 WHEREAS, Section VI of the AGREEMENT states that any city which becomes
20 signatory to this AGREEMENT after the applications for the initial NPDES Stormwater
21 permits have been approved shall comply with all of the provisions of this AGREEMENT;
22 and,
23 WHEREAS, other government bodies or public agencies may request to become a
24 co-permittee to the AGREEMENT.
25 WHEREAS, program costs and participant share calculations are based on the
26 original 31 co-permittees and do not include calculations for additional co-
27 permfttees; and,
28 1 05-Aug-1111 -1-
i ( ,
V
Amendment No. 1
Stormvater Permit Implementation Agreement
1 WHEREAS, administrative and technical tasks originally anticipated to be
2 handled by the co-permittees are best handled by a Technical Advisory Committee; and
3 NOW THEREFORE: The parties hereto do mutually agree as follows:
4 1. Newly-incorporated co-permittees by their signatures hereon, are added as
5 co-permittees to the AGREEMENT.
6 2. Participant share calculations shall be recomputed in accordance with the
7 AGREEMENT, as amended, when additional co-permittees are added. Amended calculations
8 and computation method are provided in Exhibit A.
9 3. The COUNTY as principal permittee may retain the services of professional
10 consultants and may fund, or contribute to funding technical and/or economic studies
11 conducted by professional organizations such as the American Public Works
12 Association.
13 4. The co-permittees hereby establish a Technical Advisory Committee (herein
14 called COMMITTEE) consisting of five members chosen by the Orange County City
15 Engineers Association, and one member representing the County of Orange. The
16 Committee shall prepare By-laws for Technical Advisory Committee and submit same to
17 the co-permittees for approval. The Committee will act in an advisory role to the
18 co-permittees and implement policy previously established by the co-permittees.
19 5. This AMENDMENT may be executed in counterpart and the signed counterparts
20 shall constitute a single instrument,
21 6. This AMENDMENT incorporates the following Exhibits:
22 Exhibit A - Attachment 1 to Sto.mwater Permit Implementation Agreement:
23 Revised Participant Share Calculations to account for
24 additional co-permittees and current census data.
25 III
26
27
28 16-Jul-1992 -2-
+ Amendment No. 1
Stormwater Permit Implementation Agreement
i
1 IN WITNESS WHEREOF, this AGREEMENT has been executed as of the day and year
2 first above Written.
3
4 COUNTY OF ORANGE !
5
s
BY
7 Chairman of the Board of Supervisors I
8
9
10 ORANGE COUNTY FLOOD CONTROL DISTRICT
11 � �
12
DATE: OCT 2 6 �� BY
13 Chairman of the Board of Supervisors
Orange County Flood Control District
14
15
16 ATTEST:
17 �
18
19 DATE: BY
Phyllis A. Henderson
20 C1 rk of the Board of Supervisors
Orange County, California
21
22
23 APPROVED AS TO FORM: f�-
TERRY C. ANDRUS, County Counsel
24 ORANGE COUNTY, CALIFORNIA i
25
f
26
BY
27 DeKty
28 05-Aug-1992 -3-
f
Amendmen t L,yi
Stormvater Permit Implementation Agreement
1 CTiT OF ANABEIM
2
DATE: — BY
3 -Mayor-
4
ATTEST:
6 DATE: BY
City Clerk?
APPROVED AS TO FORM:
g JACK L WHITE. CITY ATTORNEY crrY OF BREA
9 D BY
10 Mayor
11
ATTEST:
12
13 DATE: BY
14 City Clerk
1'S cm OF BUERA PARK
16
DATE: BY
17 Mayor
18
ATTEST:
19
20 DATE: ' BY
City Clark
21
22 CITI OF COSTA K SA
23
DATE: BY
24 Mayor
25
ATTEST:
26
• 27 DATE: BY
City Clark
28 16-Jul-1992 -4-
Amendment No.
Stormvater Permit Implementation Agreement
1 CITY OF ANAHEIM
2
DATE: BY
3 Mayor
4
ATTEST:
5
6 DATE: BY
7 City Clerk
8 CITY OF BREA
9
DATE: l /9 93 5BY
1 :z
10 Mayor
11
ATTEST:
12
13 DATE: l /9-&73 BY �P
City Cle
14
15 CITY OF BUENA PARK
16
DATE: BY
17 Mayor
18
ATTEST:
19
20 DATE: BY
City Clerk
21
22 CITY OF COSTA MESA
23
DATE: BY
24 Mayor
25
ATTEST:
26
27 DATE: BY
City Clerk
28 16-Jul-1992 -�+-
i
Amendment No. 1
Stormuater Permit Implementation Agreement
1 CITY OF ANABEIM
2
DATE: BY
3 Mayor
4
ATTEST:
6 DATE: BY
7 City Clerk
8 CITY OF BREA
9
DATE: BY
10 Mayor
11
ATTEST:
12
13 DATE: BY
City Clerk
14
15 CITY OF BUENA PARK
16 c
DATE: 23 BY
17 '� Mayor
18
ATTEST:
19
20 DATE: 3 r9 f-R BY ) '7. '^'
City Clerk
21
22 CITY OF COSTA MESA
23
DATE: BY
24 Mayor
25
ATTEST:
26
27 DATE: BY
City Clerk
28 16-Jul-1992 -4-
l I
V
Amendment No. 1
• Stormvater Permit Implementation Agreement
1 CITY OF ANAEEIM
2
DATE: BY
3 Mayor
4
ATTEST:
5
5 DATE: BY
City Clerk
7
8 CITY OF BREA
9
DATE: BY
10 Mayor
11
ATTEST:
12
13 DATE: BY
City Clerk
14
15 CITY OF BUENA PARK
16
DATE: BY
17 Mayor
18
ATTEST:
19
20 DATE: ' BY
City Cleric
21
22 City Councl Approved On: CITY OF COSTA MESA
23 cQ
DATE: ('- BY •
Mayor
APA VED AS TO FG%Ivi
DY'25 Rw �Q r 4 •t5'-�L� ATTEST:
cIV `F'TORNEY'S OFFICE � •
C ORCOSTA MESA BY
28 15-Ju1-4992 -4-
City Clerk
l ,
V
Amendment No. 1 •
Stormwater Permit Implementation Agreement
1 CITY OF CYPRESS
2 .
DATE: _ "" 1 "_9 �. _ _ BY _
3 Mayor
4
ATTEST:
5
6 DATE: BY 0—L Otl • a�►
7 City Clerk
8 CITY OF DANA POINT
9
DATE: BY
10 Mayor
xl
ATTEST:
12
13 DATE: BY
City Clerk
14
15 CM OF FOUNTAIN'VALLEY
16
DATE: BY
17 Mayor
18
ATTEST:
19 •
20 DATE: BY
City Clerk
21
22 CM Of FULLERTTON .
23
DATE: BY
24 Mayor
25
ATTEST:
26 :
27 DATE: BY
City Clerk
28 16-Jul-1992 -5-
' V
Amendment Nu. 1
' Stormwater Permit Implementation Agreement
1 CITY OF CYPRESS
2
DATE: BY
3 Mayor
4
ATTEST:
5
6 DATE: BY
7 City Clerk
$ CITY OF DANA POINT
9
DATE: BY
10 Karen Lloreda, Mayor
APPROVED AS TO FORM:
11
12 alla
ATTEST: -
:.
13 TRR M. PATTER ON, CITY ATTORNEY
ATE: January. 12, 1993 _ BY � � rn��
14
Katherine M. Hollywood;lCity Clerk
-
15 CITY OF FOUNTAIN VALLEY
16
DATE: BY
17 Mayor
18
ATTEST:
19
20 DATE: BY
City Clerk
21
22 CITT OF FULLERTON
23
DATE: BY
24 Mayor
25
. ATTEST:
26
27 DATE s BY
City Clerk
28 16-Jul-1992 -5-
i k.J
Amendment No. 1
Stormwater Permit Implementation Agreement
i
1 CITY OF CYPRESS
i
2
DATE: BY ._ _
3 Mayor
4
ATTEST:
5
6 DATE: BY
7 City Clerk
8 CITY OF DANA POINT
9
DATE: BY
10 Mayor
11 _
ATTEST:
12
13 DATE: BY
City Clerk
14
15 CITY OF FOUNTAIN VALLEY
16 -
DATE: BY a,....�_ . , T_T•�.� �►„Q.
17 Mayor'
'. 18
ATTEST:
19
20 DATE: BY a&Mj_.)
City Clerk
21
f
22 CITY OF FULLERTON
23
DATE: BY
24 Mayor
25
ATTEST:
26
i 27 DATE: BY
City Clerk
' 28 16-Jul-1992 -5-
i
Amendment No. 1
' Stormvater Permit Implementation Agreement
1 CITY OF CYPRESS
2
DATE: BY
3 Mayor
4
ATTEST:
5
6 DATE: BY
7 City Clerk
8 CITY OF DANA POINT
9
DATE: BY
10 Mayor
11
ATTEST:
12
13 DATE: BY
City Clerk
14
15 CITY OF FOUNTAIN VALLBT
16
DATE: BY
17 Mayor
I8 -
ATTEST:
19
20 DATE: BY
City Clerk
21
22 CM OF FULLERTON
23 '
DATE: BY Bert4d.,4ke, \
24 _—� mayor
W
C
25 L
ATTEST:
26
y, T
'Z7 DATE: _ /--.r'�d�L` EY o/L
city Cr
rk °
28 16-Jul-1992 -5-.
Amendment No. 1 f
Stormwater Permit Implementation Agreement
1 CITY OF GARDEN GRO
2
DATE: November IT, 1992 By
3 Mayor _—..
4
ATTEST:
5
6 DATE: BY
7 City Merk
8 CITY OF HUNTINGTON BEACH
9
DATE: BY
10 Mayor
11
ATTEST:
12
13 DATE: BY
City Clerk
14
15 CITY OF IRVINE
16
DATE: BY
17 Mayor
18
ATTEST:
19
20 DATE: BY
City Clerk
21
22 CITY OF LAGUNA BEACH
23
DATE: BY
24 Mayor
25
ATTEST:
26
27 DATE: BY
City Clerk
28 16-Jul-1992 -6- "
V
Amendment No. 1
Stormwater Permit Implementation Agreement
1 CITY OF GARDEN GROVE
2
DATE: BY
3 Mayor
4
ATTEST:
5
6 DATE: BY
7 City Clerk
8 CITY OF HUNTINGTON BEACH
9
DATE: BY IL
10 APPROVED AS TO FORM: Mayor
11 - 1
ATTEST:
12 Ci v Attorney
13 DATE: BY
14 r/-)?.z City Cler t
15 CITY OF IRVINE
16
DATE: BY
17 Mayor
18
ATTEST:
19
20 DATE: BY
City Clerk
21
22 CITY OF LAGUNA BEACH
23
DATE: BY
24 Mayor
25
ATTEST:
26
27 DATE: BY
City Clerk
2S 16-Jul-1992 -6-
Amendment No. I •
Stormwater Permit Implementation Agreement
CITT OF GARDEN GROVE
2
DATE: BY
3 Mayor
4
ATTEST:
5
6 DATE: BY
7 City Clerk
8 CITY OF HMINGTON BEACH
9
DATE: BY
10 Mayor
11
ATTEST:
12
13 DATE: BY
City Clerk
14
15 CITY OF IRVINE
16
DATE-. B
17 Mayor
IIPP YED AS t0 FORM:
!8
j�/ ATTEST:
19 �+ oaH
/ - P
DATE: ' 3` �-•,
� BY
21 City C
22 CM Of 1AGUNA BEACH
23
DATE: BY 24 Mayor
25
ATTEST:
26 ,
27 DATE: BY
• City clock
28 16-Jul-1992 -6-
City of guns Beac
By
City Manager
ATTES
040 � :& ZQ
r
City Clerk of the City of guns Beach
LT
APPROVED AS TO FORM:
City attorney
Amendment No. 1 -
Stormwater Permit Implementation Agreement
1 CITY OF LAGUNA HILLS
2 DATE: 5e,otern be,, -az l�tyY B -�`" / ,(
LODY CARRUTH '
4
ATTEST:
5
6 DATE: 9�411, 2— BY
APPROVED AS TO FORM: City Clerk
?
�. MARY A. CARLSON
8 LOIS E. JEFZ-PW6/ CIT6 ATTORNEY CITY OF LAGUNA NIGUEL
9
DATE: BY
10 Mayor
I1
ATTEST:
12
13 DATE: BY
City Clerk
14
15 CITY OF LAKE FOREST
16
DATE: BY
17 Mayor
• 18
ATTEST:
19
20 DATE: BY
City Clerk
21
22 CITY OF LA HABRA
23
DATE: BY
24 Mayor
25
ATTEST:
26
27 DATE: BY
City Clerk
28 16-Jn1=1992 -7-
r
Amendment No. 1
Stormwater Permit Implementation Agreement
1 CITY OF LAGUNA HILLS
2
DATE: BY
3 Mayor
4
ATTEST:
5
6 DATE: BY
7 City Cleric
S CITY OF GUNA NIGUEL
9
DATE: _ 1077 q3 B
10 Mayor
11
A T:
12
13 DATE: play A,? BY _
City Clerk
14
15 FOREST
16
DATE: BY
1? Mayor
1$
ATTEST:
19
20 DATE: BY
City Clerk
21
22 CITY OF LA EMRA
23
DATE: BY
24 Mayor
25
ATTEST:
26
27 DATE: BY
City Clerk
28 16-Jul-1992 -7-.
Amendment M.
Stormvater Permit Implementation Agreement
1 CITY OF LAGUNA BILLS
2
DATE: � BY
3 - Mayor
4
ATTEST:
5
6 DATE: BY
7 City Clerk
8 CITY OF LAGUNA NIGUEL
9
DATE: BY
10 Mayor
11 '
ATTEST:
12
13 DATE: BY
City Clerk
14
15 CITY OF LAKE FOREST
16
DATE: f ��� - _ BY L tJ7
17 Mayor
APPROVED:
18 Rs -ta ORO,
CITY ATTORNEY ATTEST:
19
20 DATE: v B
City erk
21 9� L.-/�
22 CM OF LA BABRA
23
DATE: BY
24 Mayor
25
ATTEST:
26
27 DATE: BY
City Clerk
28 16.-Jul-1992 -7-
Amendment No. 1
Stormva ) ermit Implementation Agreement
• D r a f t 1
Y
CITY OF LAGWA KICUEL
1
2 DATE: BY '
3 Mayor
'4 ATTEST:
5
DATE: BY
6 City Clerk
7
CM OF LACE FOREST
5
9 DATE: BY
Mayor
20
12 ATTEST:
12
DATE: BY '
13 City Clerk
14
CM OF LA NABRA
I5 r
16 DATE: BY
17 City 14anager
28 ATTESTS
19 • �DASE s GX/Lf-s BY
20 C tyCer
21
22
23
24
25
26
27
28 19-lay-1992 -7-
Amendment No. 1
Stormvater Permit Implementation Agreement
1 CITY OF LA PALMA
2
DATE: September 23, 1992 By
3 Mayor
4
ATTEST:
5
fi
DATE: September 25, 1992 BY
City Clerk
7
g CITY OF LOS ALAMITOS
9 -
DATE: BY
10 Mayor
11
ATTEST:
12
13 DATE: BY
City Clerk
14
15 CITY OF MISSION VIEJO
16
DATE: BY
1? Mayor
18
ATTEST:
19
20 DATE: BY
City Clerk
21
22 CITY OF NEMRT BEACH
23
DATE:
BY
24 Mayor
25
ATTEST:
26
27 DATE: BY
City Clerk
28 16-Jul-1992 -a-
Amendment No. 1 '
Stormwater Permit Implementation Agreement
1 CITY OF LA PALMA
2
DATE: BY
3 Mayor
4
ATTEST:
5
6 DATE: BY i
City Clerk
7
8 CITY OF LOS ALAMITOS
9
DATE: Se tember 29, 1992 PY
10 Mayor
11
ATTEST:
12
13 DATE: September 29, 1992 By p "��.
City Clerk
14
15 CITY OF MISSION VIEJO
16 DATE: BY
17 Mayor
18 ATTEST:
19
24 DATE: BY
i City Clerk
21
CITY OF NEVPORT BEACH
22
23 DATE: BY
24 Mayor
25
ATTEST:
26
27 DATE: BY
City Clerk
28 16-Jul-1992 -8-
V ,
Amendment No.-?
Stormwater Permit Implementation Agreement
1 CITY OF LA PALMA
2
DATE: BY
3 Mayor
4
ATTEST:
5
6 DATE: BY
City Clerk
7
8 CITY OF LOS ALAMITOS
9
DATE: BY
10 Mayor
11
ATTEST:
12
13 DATE: BY
City Clerk
14
15 CITY OF MISSION VIEJO
16 DATE: BY
17 Mayoff
18 ATTEST:
19
20 DATE:' 1�19ga. BY
City Clerk
21
22 CITY OF NEWORT BEACH
23 DATE: BY
24 Mayor
25 ATTEST:
26
27 DATE: BY
City Clerk
28 16-Jul=1992 -8-
1
Amendment No. 1
• Stormwater Permit Implementation Agreement
1 CITY OF LA PALMA
2 -
DATE: BY
3 Mayor
4
ATTEST:
5
6 DATE: BY
City Clerk
8 CITY OF LOS ALAMITOS
9
DATE: BY
10 Mayor
11
ATTEST:
12
13 DATE: - - . BY
City Clerk
14
15 CITY OF MISSION VIEJO
16 DATE: BY
17 Mayor
18
ATTEST:
19
2o DATE: BY
City Clerk
21
2 CITY NEWPORT BEACH
23 DATE: Y
24 or
25
n ATTEST:
2627
DATE: f� oL }rf,:�4� �''.w� I> BY ee2d
City Cler (/
28 16-Jul-1992 r +- �� -8-
Cr�a�
Amendment No. 1
Stormvater Permit Implementation Agreement
1 CITY OF ORANGE
2
' DATE: B
3 APPROVED AS 0 F RM:
9406-�4
4 i� V.1`�-�oSZ�G�
by ATTEST:
5 City Attorney
6 DATE; _ I/� � — Q� BY
7 City k
8 CITY OF PLACENTIA
9
DATE: BY
10 Mayor
11
ATTEST:
12
13 1 DATE: BY
City Clerk
14
151 CITY OF SAN CLEMENTE
16 �
DATE: - BY
17 Mayor
18j
ATTEST:
191
20f DATE: BY
k City Clerk
21
CITY OF SAN JUAN
22 CI.PISTRANO
. 23
DATE: BY
241 Mayor
25 ,
' ATTEST:
261
27 -1 DATE: BY
i City Clerk
28I 16-Jul-1992 -9-
E
Amendment No. ,
Stormwater Permit Implementation Agreement
1 CITY OF ORANGE
2
DATE: BY
3 Mayor
4
ATTEST:
5
6 DATE: BY
City Clerk
7
8 CITY OF PIA IA
9
DATE: BY
10 Ma
II
ATTE T:
12
13 DATE: BY
City Clerk
14
15 CITY OF SAN CLEtTIM
16
DATE: BY
17 Mayor
18
ATTEST:
19 '
20 DATE: BY
City Clerk
21
22 CITY OF SAN JUAN CAPISTRANO
23
DATE: BY
24 Mayor
25
ATTEST:
26
27 DATE: BY
City Clerk
28 16-Jul-1992 -9-
f '
. � Amendment No.
Stormwater Permit Implementation Agreement •
f
1 � CITY OF ORANGE
2 �
DATE: BY
3 ', Mayor
4IATTEST:
5 �
6 DATE: BY
City Clerk
7 `
1
8 • CITY OF PLACENTIA
9
i DATE: BY
10 ' Mayor
I1
ATTEST:
12
13 � DATE: BY
City Clerk
14
15 CITY OF SAN CLEHENT
16
DATE: BY
I7I Mayor
18 � ATTEST: 0
19 � r .
201 DATE: zQ _ �� BYt�
f City Clerk
21
22I CITY OF SAN JUAN CAPISTRANO
23 i
DATE: BY
2¢ Mayor
25
ATTEST:
26
27
DATE: BY
City Clerk
28 16-Jul-1992 -9-
Amendment N... 1
Stormuater Permit Implementation Agreement
1 CITY OF ORANGE
2
DATE: BY
3 Mayor
4
ATTEST:
5
6 DATE: BY
7 City Clerk
8 CITY OF PLACENTIA
9
DATE: BY
10 Mayor
11
ATTEST:
12
13 DATE: BY
City Clerk
14
15 CITY OF SAN CL.EKME
16
DATE: BY
17 Mayor
18
ATTEST:
19
20 DATE: BY
City Clerk
21
22 CITY OF SAN JUAN CAP`ISTRANO
23 DATE. stay 4, 1993
gY ..-
24 ............ ay r
25
ATTEST:
26
27 DATE: AIay 4, 1993 BY
antyvCierk
28 16-J::1-1992 -9-.
Amendment No. 1 ,
Stormvater Permit Implementation Agreement
APPROVED AS FORM
CITT OF SANTA ANA
`Z
G!TV A C EY R
DATE: BY '
3I May r
4 z
ved
ATTEST:
5
6 DATE:
BY -dnn4-��
City C1 rk
7
8 CITY OF SEAL BEACH
9
DATE: BY
10 Mayor
11
ATTEST:
12
13 DATE: BY
City Clerk
14
15 CITY OF STANTON
16
DATE: BY-
17 Mayor
18
ATTEST:
19
20 DATE: BY
City Clerk
21
22 CITY OF TUSTIN
23
DATE: BY
24 Mayor
25
ATTEST:
26
27 DATE: BY
City Clerk
28 16-.Tul-1992 -10-
V Amendment
Stormvater Permit Implementation Agreement
1 CITY OF SANTA ANA
2
DATE. PY
3 Mayor
4
ATTEST:
5
6 DATE: BY
City Clerk
7
8 CITY OF SEAL BEACH
9 /
DATE: BY
10 Of Mayor
11
ATTEST:
12
13 DAT • o� BY
City Clerk
14 •
15 CITY OF STANTON
16
DATE: BY
17 Mayor
18
ATTEST:
19
20 DATE:' BY
City Clerk
21
22 CITY OF TUSTIN
23
DATE: BY
24 Mayor
25
ATTEST:
26
27 DATE: BY
City Clerk
28 16-Jul=1992 -1Q-
Amendment No. !
Stormwater Permit Implementation Agreement
1 CITY OF SANTA ANA
2
DATE: BY
3 Mayor
4
ATTEST:
5
6 DATE: BY
City Clerk
7
8 CITY OF SEAL BEACH
.9
DATE: BY '
10 Mayor
11
ATTEST:
12
13 DATE: BY
City Clerk
14
15 • CITY OF STANTON ^
16 �l y BY
DATE:
17 Mayor
18
ATTEST:
19
20 DATE: BY
City Clerk
21
22 CITY OF TUSTIN
23
DATE: BY
?4 Mayor
25
ATTEST:
26
27 DATE: BY
City Cleric
28 16-Jul-1992 -10-
Amendment No. t
Stormvater Permit Implementation Agreement
1 CITY OF SANTA ANA
2
DATE: BY
3 Mayor
4
ATTEST:
6 DATE: BY
City Clerk
7 '
8 CITY OF SEAL BEACH
9
DATE: BY
10 Mayor
11
ATTEST:
12
13 DATE: BY
City Clerk
14 .
15 CITY OF STANTON
16
DATE: BY
1? Mayor
18
ATTEST:
19
20 DATE: BY
City Clerk
21 !
22 CITT OF STIN
23
DATE; BY ar,
24 Mayor
25
ATTEST:
26
27 DATE: I ��Z BY
City Clerk
28 16-Jul-1992 -10-
Amendment No. 1 ,
Stormwater Permit Implementation Agreement
CITY OF VILLA PARR
2
3 �' � 9�
DATE: BY
4 Mayor
5
6 ATTEST:
? e
8 DATE: 0 p—oZJr- Z BY
City Clerk
9
10
CITY OF WESTPSINSTER
12
13 DATE: BY
Mayor
14
15
ATTEST:
16
1? - - -
DATE: BY
18 City Clerk
19
20 CITY OF YORBA LINDA
21
22
DATE: BY
23 Mayor
24
ATTEST:
25
26
DATE: BY
27 City Clerk
NJ:vm/crPVF02-113(2140)2051913295769
28 16-Jul-1992 -11-
Amendment
Stormvater Permit Implementation Agreement
1 CITY OF VILLA PARK
2
3
PATE: BY� � Mayor
5 '
6 ATTEST:
7
8 DATE: - BY
City Clerk
10 `
CM OF 4ESTHINSTER
11
12 ,
13 ' DATE:
Mayor
14
151
ATTEST:
16
17
ji DATE: BY
1g �f City Clerk
19 ��
20 CM OF 2ORBA LIMA
21
22
DATE: BY
23 Mayor
241
1 ATTEST:
25 :l
26
Ik DATE: BY
City Clerk
Nl:vm/crPVF02-113(2140)2051913295769
28 16-Jul-1992 -21-
i Amendment No. 1
Stormvater Permit Implementation Agreement
i
i
1 � CITY OF %ILEA PARK
21
31
DATE: BY
4 Mayor
5
6 ATTEST:
7
$ DATE: - - - BY
City Clerk
9
10
CITY OF VESTHINSTER
11
12
13 DATE: BY
Mayor
14
15
ATTEST:
16
17
DATE: BY
18 City Clerk
19
20 CITY OF YORBA LINDA
21
22
DATE: BY
23 Mayo
24
ATTEST:
25
26 DATE: / S 5 BY
27 ceity Clerk
NJ:vm/crPWF02-113(2140)2051913295769
28 16-Jul-1992 -11-
j,neLo CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
January 13, 1997
Clerk of the Board
Orange County Board of Supervisors
10 Civic Center Plaza
Santa Ana, CA 92701
Dear Clerk of the Board:
Attached is an unsigned Amendment No. 1 between the City and the County of Orange.
Would you please send a fully executed copy of the agreement for my official City Clerk file.
Sincerely yours,
Connie Brockway
City Clerk
CB:cj9
Attachments: Amendment No. 1 to National Pollutant Discharge Elimination System
Stormwater Permit Implementation Agreement Santa Ana/San Diego Regions
Enclosures: Copy of Request for Council Action dated November 2, 1992 Subject:
Stormwater Permit Implementation Agreement
Exhibit A- Revised Attachment 1 to Stormwater Permit Implementation
Agreement
Copy of Technical Advisory Committee Bylaws
Copy of National Pollutant Discharge Elimination System Stormwater Permit
Implementation Agreement Santa Ana/San Diego Regions dated
December 18, 1990
Copy of Statement of the Action of the City Council dated October 10, 1990
regarding Agreement-Approved-Environmental Protection Agency-National
Pollutant Discharge Elimination System (NPDES)
Copy of Request for City Council Action dated May 7, 1990 Subject:
Environmental Protection Agency- National Pollutant Discharge Elimination
System (NPDES)with attachments
Copy of Request for City Council Action dated October 1, 1990 Subject:
Environmental Protection Agency- National Pollutant Discharge Elimination
System (NPDES)
cbmemos,'97-W2cg
Mlephone:7 t 4.536.52271
` REQUEb+ FOR CITY COUNCk ACTION
November 2, 1992
Date
Submitted to: Honorable Mayor and City Council APPROVED BY CITY COUNCIL
Submitted by: Michael T. Uberuaga, City Administrator l
Prepared by: ouis F. Sandoval, Director of Public Works -"
_ELM
Subject: STORMWATER PERMIT IMPLEMENTATION AGREEMENT r
�
:.,C,r-
W n Trtn+
X x G
Consistent with Council Policy? [ l Yes [ ] New Policy or Exception
X r
LO �
N
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments:
STATEMENT OF ISSUE•
The National Pollutant Discharge Elimination System Stormwater Permit Implementation
Agreement must be amended.
R.ECOhPOMED
Approve Amendment Number One to the NPDES Stormwater Permit Implementation
Agreement.
ANALYSIS•
As part of the U.S. Clean Water Act, the Environmental Protection Agency (EPA) initiated
a program to clean up national storm waters. The program is called the National Pollutant
Discharge Elimination System (NPDES). To bring about a more organized and efficient
approach to this program, the County of Orange, the Orange County Flood Control
District and twenty-nine cities within the County entered into a unified agreement to
Improve the quality of Stormwater discharges within the County. Pursuant to Section Ten
of the agreement (approved by Council on October 1, 1990), amendments are permissible if
approved by a majority of the agencies. Parties to the agreement are now proposing a
first amendment. The amendment will include the following changes:
1. The Cities of Laguna Hills and Lake Forest shall be added as co-permittees to the
agreement.
2. Participant cost-share calculations shall be recomputed to include two additional
co-permittees.
3 The County, as principal permittee, may retain the services of professional
consultants and may fund, or contribute to funding technical and/or economic studies
conducted by professional organizations.
i
P10 5/05
r
t
Beach Blvd. Super St. - RCA
November 2, 1992
Page 2
4. The co-permittees hereby establish a Technical Advisory Committee consisting of
five members chosen by the Orange County City Engineers Association, and one
member representing the County of Orange. The Committee shall prepare By-laws
and submit same to the co-permittees for approval. The Committee will act in an
advisory role to the co-permittees and implement policy previously established by the
co-permittees.
City Attorney and Public Works staff have reviewed and concur with the necessity of this
amendment. Therefore, it is recommended that Council approve Amendment Number One
to the NPDES Stormwater Permit Implementation Agreement.
FUNDINQi.
Based on the addition of two new cities to the program, our adjusted annual cost share for
the 1992-1993 NPDES Program is $49,289.79. Sufficient funds are budgeted in fiscal
account E-AA-PW-412-5-41-00 (EPA Permits).
ALTERNATIVE ACTH--
Deny approval of Amendment Number One.
AMCHMEN
Amendment No. 1 to National Pollutant Discharge Elimination System Stormwater Permit
Implementation Agreement.
MTU:LFS:DRN:dw
3333g/12&13
1
i
i
i
r
- 1'
Amendment N017
Stormwater Permit Implementation Agreement ,
1 I Amendment No. 1 to
j National Pollutant Discharge Elimination System
2 ;f Stormwater Permit Implementation Agreement
(, Santa Ana/San Diego Regions
3 i'
4111 This'AMENDMENT entered into as of this day of , 1992 by
Ir ;
5 the County of Orange, (herein called the COUNTY), the Orange County Flood Control
i
6 � District (herein called the DISTRICT), and the Cities of Anaheim, Brea, Buena Park,
I I
71 Costa Mesa, Cypress, Dana Point, Fountain Valley, Fullerton, Garden Grove, Huntington ;
8 Beach, Irvine, Laguna Beach, Laguna Hills, Laguna Niguel, Lake Forest, La Habra,
9 La Palma, Los Alamitos, Mission Viejo, Neuport Beach, Orange, Placentia, San
r
10 Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Stanton, Tustin, Villa Park,
11 Westminster, and Xorba Linda (herein called the CITIES) adds two additional
12 co-permittees, provides revised participant share calculations, and establishes the
13 NPDES Technical Advisory Committee.
14 RECITALS
15 WHEREAS, Section X of the Stormwater Permit Implementation Agreement
16 (hereinafter, AGREEMENT) states that the Agreement may be amended by consent of a }
17 majority of the co-permittees which represent a majority of the percentage ,
18 contributions as described in Section IV of the AGREEMENT; and
19 ! WHEREAS, Section VI of the AGREEMENT states that any city which becomes
I
201 signatory to this AGREEMENT after the applications for the initial NPDES Stormwater j
21 permits have been approved shall comply with all of the provisions of this AGREEMENT;
22 and,
23 WHEREAS, other government bodies or public agencies may request to become a
24f co-permittee to the AGREEMENT.
I ,
25 WHEREAS, program costs and participant share calculations are based on the
261 original 31 co-permittees and do not include calculations for additional co-
i
271 permittees; and,
28 05-Aug-1992 -1-
1
r
Amendment No. I
Stormvater Permit Implementation Agreement
1 WHEREAS, administrative and technical tasks originally anticipated to be
2 � handled by the co-permittees are best handled by a Technical Advisory Committee; and
3 NOV THEREFORE: The parties hereto do mutually agree as follows:
4 1.' Newly-incorporated co-permittees by their signatures hereon, are added as
5 co-permittees to the AGREEMENT.
6 2. Participant share calculations shall be recomputed in accordance with the
7 AGREEMENT, as amended, when additional co-permittees are added. Amended calculations
8 and computation method are provided in Exhibit A.
9 3. The COUNTY as principal permittee may retain the services of professional
10 consultants and may fund, or contribute to funding technical and/or economic studies
11 conducted by. professional organizations such as the American Public Works
12 Association.
13 4. The co-permittees hereby establish a Technical Advisory Committee (herein
14 called COMMITTEE) consisting of five members chosen by the Orange County City
15 Engineers Association, and one member representing the County of Orange. The
16 Committee shall prepare By-laws for Technical Advisory Committee and submit same to
17 the co-permittees for approval. The Committee will act in an advisory role to the
18 co-permittees and implement policy previously established by the co-permittees.
19 5. This AMENDMENT may be executed in counterpart and the signed counterparts
20 shall constitute a single instrument.
21 6. This AMENDMENT incorporates the following Exhibits:
22 Exhibit A - Attachment 1 to Stormvater Permit Implementation Agreement:
23 Revised Participant Share Calculations to account for
24 additional co-permittees and current census data.
25 !I/
26 !!!
27
28 l 16-Jul-1992 -2-
i
E
' Amendment No�-i
+ r Stormwater Permit Implementation Agreement
1 ' IN VITNESS WHEREOF, this AGREEMENT has been executed as of the day and year
21, first above written.
3
41 COUNTY OF ORANGE
51,
6 [t
�• BY
71 Chairman of- the Board of Supervisors
9
10 ORANGE COUNTY FLOOD CONTROL. DISTRICT
1l
12
DATE: BY
13 Chairman of the Board of. Supervisors
Orange County Flood Control District
14
13
16 ATTEST:
17
E •
18 �
191 DATE: BY i
Phyllis A. Henderson
2011 Clerk of the Board of Supervisors
Orange County, California
211
221
23 E APPROVED AS TO FORD: -�,—
TERRY C. ANDRUS, County Counsel
241 ORANGE COUNTY, CALIFORNIA
25 s
261
BY
27 ' De ty
281, 05—Aug-1992 —3—
it
Amendment No.
' - Stormwater Permit Implementation Agreement
1 CITY OF ANAHEIM
2
DATE: BY
3 Mayor
4
ATTEST:
5
6 DATE: BY
7 City Clerk
8 , CITY OF BREA
9
DATE: BY
10 Kayor
11
ATTEST:
12
13 DATE: BY
City Clerk
14
15 CITY OF BUENA PARK
16
DATE: BY
17 Kayor
18
ATTEST:
19
20 DATE:' BY
City Clerk
21 �
22 CITY OF COSTA MESA
23 '
DATE: BY
24 Mayor
25
ATTEST:
26
27 DATE: BY
City Clerk
28 16-Jul=1992 -4-
Amendment Nol
Stormwater Permit Implementation Agreement
1 CITY OF CYPRESS
2
DATE: BY
3 Mayor
4
ATTEST:
5
6 DATE: BY
7 City Clerk
8 CITY OF DANA POINT
9
DATE: BY
10 Mayor
11 -
ATTEST:
12
13 DATE: BY
City Clerk
14
15 CITY OF FOUNTAIN VALLEY
16
DATE: BY
17 Mayor
18
ATTEST:
19
20 DATE: BY
City Clerk
21
22 CITY OF FULLERTON
23
DATE: BY
24 Mayor
25
ATTEST:
26
27 DATE: BY
City Clerk
28 16-Jul-1992 -5-
Amendment No�-?
Stormuater Permit Implementation Agreement
I CITY OF GARDEN GROVE
2
DATE: BY
3 Mayor
4
ATTEST:
5
6 DATE: by
City Clerk
7 :
1
8 CITY OF HUN'TINGTON BEACH
9 ,
DATE: BY v
10 APPROVED AS TO FORM: Mayor
11
ATTEST:
12
Ci v Attorney
13 DATE: BY
City Cler
14
15 i CITY OF IRVINE
16 1
DATE: BY
17 Mayor
18
ATTEST:
I9
20 DATE: BY
City Clerk
21
22 CITY OF LAGUNA BEACH
23
DATE: BY
24 Mayor
25
ATTEST:
26
27 DATE: BY
City Clerk
28 -Jul-l", -6-
�./ Amendment .Nod
Stormwater Permit Implementation Agreement
1 CITY OF LAGUNA HILLS
2
DATE: BY
3 Mayor
4
ATTEST:
5
6 DATE: BY
7 City Clerk
I
8 CITY OF LAGUNA MIGUEL
9 ,
DATE: BY
10 Mayor
11 •
ATTEST:
12
13 DATE: BY
City Clerk
14
15 CITY OF LAKE FOREST
16
{ DATE: BY
17 1 Mayor
18
ATTEST:
1s
20 DATE: BY
City Clerk
21
22 CITY OF LA HABRA
23
DATE: BY
24 Mayor
25
ATTEST:
26
27 DATE: BY --
-City Clerk
28 16-Jul-1992 -7-
f Amendment N�.
Stormwater Permit Implementation Agreement
1 CITY OF LA PALMA
2
DATE: BY .
3 Mayor
4
ATTEST:
5
6 DATE: BY
City Clerk
7
8 CITY OF LOS ALAMITOS
9
DATE: - BY'
10 Mayor
11
ATTEST:
12
13 DATE: BY
City Clerk
14
15 CITY OF MISSION VIEJO
16 `
DATE: BY
17 Mayor
18
ATTEST:
19
20 .
DATE: BY
} City Clerk
211 -
22 CITY OF MPORT BEACH
23 DATE: BY
24 Mayor
25 ATTEST:
26
27 DATE: BY
City Clerk
28 16-Jul-1992 -B-
. Amendment No!✓
Stormwater Permit Implementation Agreement
1 CITY OF ORANGE
2
DATE: BY
3 Mayor
4
ATTEST:
5
6 DATE: BY
City Clerk
7
8 CITY OF PLACENTIA
9
DATE: BY
10 Mayor
11
ATTEST:
12
13 DATE: BY
City Clerk
14
15 CITY OF SAN CLEMENTE
16
DATE: BY
17 Mayor
18
ATTEST:
19
20 DATE:' BY
City Clerk
21
22 CITY OF SAN JUAN CAPISTRANO
23
DATE: BY
24 Mayor
25
ATTEST:
26
27 DATE: BY
City Clerk
28 16-Jul-1992 -9-
. Amendment No.`-t}
Stormwater Permit Implementation Agreement
1 CITY OF SANTA ANA
2
t DATE: BY
3 Mayor
4
ATTEST:
5
fi DATE:. BY
7 City Clerk
8 CITY OF SEAL BEACH
9
DATE: BY
10 Mayor
11
ATTEST:
12
13 DATE: • BY
City Clerk
14
15 CITY OF STANTON
16
DATE: BY
17 Mayor
18
ATTEST:
19
20 DATE: BY
City Clerk
21
22 CITY OF TUSTIN
23
DATE: BY
24 Mayor
25
ATTEST:
26
27 DATE: BY
City Clerk
28 16-Jul-1992 -Z�-
. 5. Amendment NOS—?
Stormvater Permit Implementation Agreement
f CITY OF VILLA PARK
2
3
DATE: BY
4 Mayor
5
6 ATTEST:
7
8 DATE: BY
City Cleric
9
10
CITY OF VESTHINSTER
11 -
12 I
13 DATE: BY
_ Mayor
14
15
ATTEST:
16
17
DATE: BY
18 City Clerk
19
20 CITY OF YORBA LINDA
21
22
DATE: BY
2.3 Mayor
24
ATTEST:
25
26
DATE: BY j
27 City Clerk
NJ:vm/crPAF02-113(2140)2051913295769
28 16-Jul-1992 -11-
Revised Attachment 1 to Stormwater Permit Implementation Agreement
EXHIBIT A
Revised Attachment 1
to
Stormwater Permit Implementation Agreement
FY 1992-1993 PARTICIPANT SHARE CALCULATIONS
I
t1J.vm/crPUF02-113(2198)2051913295769 2 Cities
RATIONAL POLLUTANT DISCHARGE SYSTEM
1 'ROJECTED SCHEDULE OF ENTITY'S SHAR'
' V •FOR FISCAL YEAR 1992/93
WEIGHTED AVERAGE METHOD WEIGHTINGS: POPULATION 50%
AREA 50%
1 2 3 4
1-1-91 1-1.91 ADJUSTED
ENTITY POPULATION* AREA** W.A.S.R.*** : BUDGET SHARE ;
ANAHEIM 273,491 44.993 8.4802348%: $77,178.62
BREA 32,950 : 10.404 : 1.4053140%: $12,789.76
BUENA PARK : 69,804 : 10.064 : 2.0551462%: S18,703.89
COSTA MESA : 97,437 : 15.343 2.9683999%: $27,015.41
CYPRESS 42,626 : 6.925 : 1.3150161%: S11,967.96
DANA POINT 32,760 : 6.040 : 1.0658804X: $98700.58
FOUNTAIN VALLEY 53,699 : 9.553 : 1.7203975%: $15,657.34
FULLERTON .115,563 : 22.298 3.8362899%: $34,914.07 :
GARDEN GROVE 145,016 : 17.773 : 4.0281982%: S36,660.63
HUNTINGTON BEACH. : • 182,783 : 26.800 : 5.4158657%: S49,289.79
IRVINE : 111,41a : 43.369 : 5.3823417%: $48,984.69
LAGUNA BEACH 23,448 : 7.800 1.0305601%: - $9,379.13
LACUNA HILLS : 22,666 : 5.195 : 0.815678s%: $70423.49
LAGUNA NIGUEL 47,699 : 14.669 2.0041794%: S18,240.04
LAKE FOREST : 560070 ; 10.245 1.8171597%: $16,537.97
LA HABRA 51,617 : 7.699 1.5394836%: S14,010.84 :
LA PALMA 15,437 : 2.014 0.4381993%: S3,988.05 :
LOS ALAMITOS 11,643 2.186 0.3818475%: S3,475.19 :
MISSION VIEJO 73,724 16.392 : 2.6141906%: S23,791.75 :
NEWPORT BEACH 67,268 : 13.720 : 2.2900742%: $20,841.96 :
ORANGE 112,709 ; 23.202 3.8535310%: S35,070.99 :
PLACEN71A 41,375 6.606 : 1.2674754%: $11,535.29 :
SAN CLEMENTE : 42,164 16.910 : 2.0751680%: $18,966.10 :
SAN JUA9 CAPISTRANO 26,745 14.054 : 1.5724843%: $14,311.14 :
SANTA ANA 300,256 27.339 : 7.6121440%: s69,278.12 :
SEAL BEACH 25,095 8.488 : 1.1137341%: S10,136.09 :
STANTON 30,818 3.131 : 0.8063187%: S7,338.31 :
TUSTIN 52,145 8.582 :� 1.6171435%: S14,717.62 :
VILLA PARK 6,279 : 2.077 : 0.2750657%: S2,503.37 :
WESTMINSTER 78,803 10.190 : 2.2299129%: $20,294.44 :
YORBA LINDA 53,878 : 17.965 : 2.3712515%: $21,580.76 :
ORANGE COUNTY : 155,889 152.528 : 14.6013177X: S132,BM.59 :
O.C.F.C.D. (TOTAL) -- •- 10.0000000%: S91,010.00 :
TOTALS 2,453,277 584.554 100.0000000% S910,100.00
' SOURCE: CALIFORNIA STATE DEPARTMENT OF FINAVCE (LAKE FOREST POPULATION FROM 4/1/90 CENSUS)
** SOURCE: ENIARONMENTAL MANAGEMENT AGENCY - SURVEYOR BOUNDARY UNIT. AREA HAS BEEN CALCULATED US'
LAND AREA FIGURES PROVIDED BY ERA AND SUBTRACTING AREAS IN EACH JURISDICTION FOR NATIONAL FORESTS
PARKS, AIRPORTS, LANDFILLS AND MILITARY INSTALLATIONS.
*** W.A.S.R. s VEIGKYED AVERAGE SHARE
TABLE BY EPA/ERD
NATIONAL POLLUTANT DISCHARGE ELIAIWATION SYSTE',N1
I
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!
TECHNICAL ADVISORY COMMITTEE
BYLAW
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A COOMATra PROGUM SETW EN TIZ CO-PEILMCEW OF TBX STOE.NWATEA PPS%=Mn r OWTATION AGl=%M T
POI TEM SANfA ANA&ANM SAN DIEGO REGIONS V�T=OWNGE COSfM
i
CONTENTS
Pa=
1.0 Introduction
1.1 Purpose 1
1.2 Background 1
1.3 Stormwater Permit Implementation Agreement 1
2.0 Technical Advisory Committee
2.1 Formation 1
2.2 General Tasks 1
2.3.MembersMp 2
2.3.1 Term of Membership 2
2.2.2 Committee Chairman 2
2.4 Meetings Frequency 2
2.5 Committee Support 2
3.0 Delegated Authority 2
3.1 Annual Operating Budget 2
32 Submittals to Regulatory Authorities
3.2.1 Stormwater Permit implementation Agreement 2
3.2.2 Drainage Area Managern:nt Plan 3
3.2.3 NPDFS Permits 3
3.2A Proposed Legislation 3
3.3 Consultant Selection 3
3A Budgetary Items 3
3.5 Communication with Others 3
Exhibits
1.NPDFS Technical Advisory Committee Organization 4
2.NPDFS Technical Advisory Committee Members 5
3.References 5
r
1.0 Introduction
1.1 Purpose
These Bylaws define the membership and authority of the National Pollutant Discharge
Elimination System Technical Advisory Committee(hereinafter known as "Committee").,The pur-
pose of the Committee is to serve the co-permittees of the Storm_ water Permit Implementation
Agreement between the County of Orange,the Orange County Flood Control District,and other
participants(hereinafter,collectively known as "co-permittees')in an advisory capacity and help
manage and implement the NPDES Permit Program.
1.2 Background
On July 13, 1990,the County of Orange and the Orange County Flood Control District(OCFCD),
in cooperation with the Cities,obtained NPDES Permit Nos.CA 8000180 and CA 0108740 for
areawide stormwater discharge permits under the National Pollutant Discharge Elimination System
(NPDES).
The co-permittees believe the implementation of the Stormwater discharge program will be imple-
mented more efficiently and effectively through this Committee. Committee Members serving the
Cities will be selected by the Orange County City Engineers Association.
1.3 Stormwater Permit Implementation Agreement
The Stormwater Permit Implementation Agreement(hereinafter known as"Agreement"),executed
on December 18, 1990,governs the administration of the NPDES municipal stormwater permits.
This Agreement identifies the County of Orange, the incorporated cities,other government entities
and the Orange County Flood Control District collectively as co-permittees.
2.0 Technical Advisory Committee
2.1 Formation
The Stormwater Permit Implementation Agreement mill be amended to create the Committee.
The Committee will be governed by these Bylaws.
2.2 General Tasks
The Committee will receive,review,recommend and take appropriate actions on all program relat-
ed matters including financial reports on behalf of the co-permittees.The Committee will where
appropriate seek co-permittees approval.The Committee will interpret and implement policy estab-
lished by the co-permittees and advise co-permittees on matters relating to the program as required
by the co-permittees.
The relationship between the Committee and other NPDES program participants is illustrated in
Exhibit 1.
f
2.3 Membership
The Committee will consist of six members: Five members each representing a supervisorial dis-
trict and nominated by the Orange County City Engineers Association via the Orange County
League of California Cities.
The sixth member will represent the Director,ENIA.
Alternate representatives for appointed members will not be permitted.
2.3.1 Term of Membership
City members will serve three years on a staggered s:hedule as shown in Exhibit 2.
2.3.2 Committee Chairman
The Chairman will be elected annually by a majority vote of the Committee at its first meeting.
Exhibit 2 lists present and past members of the Committee.
2,4 Meeting Frequency
At least one meeting will be held each year.AdditiorLd meetings may be held as required.
2.5 Committee Support
Staff support to the Committee will be provided by EMA-Flood Program Division and
Environmental Resources Division,and others as required.The Manager EMA-Flood Program
Division or his designee%ill serve as the Secretary and keep minutes of meeting proceedings.
3.0 Delegated Authority
3.1 Annual Operating Budget
The Committee will formulate,review and recommend annual operating budgets to the co-permit-
tees for approval in accordance with the Agreement and these Bylaws.
3.2 Submittals to Regulatory Authorities
The Committee will review all items submitted on behalf of co-permirtew to the regulatory author-
ities as part of the Agreement.
3.2.1 Stormwater Permit Implementation Agreement
The Committee will review,and submit Stormwater Permit Implementation Agreement amend-
ments to the co-permittees for approval.
Drainage Area Management Plan
1be Committee will review,and submit the Drainage Area Management Plan and amendments to
this Plan to the co-permittees for approval.
3.2.3 NPDES Permits
The Committee will review,and submit new or amended NPDES Permits associated with the
Municipal Stormwater discharge program to the co-permittees for approval.
3.2.4 Legislation
The Committee will review all proposed legislation relating to Stormwater Pollution(NPDES)and
recommend appropriate action to co-permittees.
3.3 Consultant Selection
The Committee will review Scopes of Work,Requests for Proposals,and consultant slates for pro-
viding specialized services related to the NPDES program and make appropriate recommendations
on these matters to co-permittees or the County as lead eo-permittee.
3A Budgetary items
All budgetary matters will be submitted with recommendations by the Committee for approval by
the co-permittees.Budgetary items with recommended action will be submitted in writing to each
co-perminee.
4.0 Communication with Others
The Committee may conduct informal communications as necessary with others on behalf of the
co-pem-Littees to carry out its delegated authority in implementing program.
1
1 REFERENCES
i
1. Orange County Flood Control Act, 1927.
R2. National Pollutant Discharge Elimination System Stormwater Permit Implementation
Agreement; Santa Ana/San Diego Regions.
3. Orange County NPDES Storm Water Permit Program Drainage Area Management Plan.
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Exhibit I
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
TECHNICAL ADVISORY COML�MTEE
CO-PE RMI'I'I'E ES
(Permit Implementation Agreement)]
s
i I REGIONAL WATER
n 3 QUALITY CONTROL
a BOARDS
5
a
Appoint Members
iLEAGUE OF CITIES ,t
3 ` !
t t f
0
0
a
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Z 2
C
= e o
! J
ORANGE COUNTY y
CITY ENGINEERS t o t y
ASSOCIATION
ORANGE COUNTY
ENVIRONMENTAL
MANAGEMENT
AGENCY
(Lead Co-Permittee)
04
EMbit
TECMICAL ADVISORY CONLNUTME MEMBERS
" TEILM CITY
EX-PIRA- SUPV. OR
YEAR 1v,�ME TION nrsTRrCT AGENCY
+ DATE
r
1 1993 8-31-95 3
{ 8-31-93 1
8-31-93 4
f 8-31-94 2
l' 8 31-94 5'
W.L.Zaun NIA N/A EMA/PW
1992 Hugh Berry/Don Hoppe $31-92 3 Fullerton
Lee Harry 8-31-93 1 Santa Ana
Frank Page,Chairman 8-31-93 4 Orange
Don Noble 8-31-94 2 Huntington Beach
John Wolter 8-31-94 5 Newport Beach
W. L.Zaun N/A N/A E:ti1A/PW
1991 Formation Committee.
W. L.Zaun,Chairman • N/A EIMA/PW
a Lee Harry • 1 Santa Ana
{ Don Noble ` 2 Huntington Beach
Hugh Berry • 3 Fullerton
Frank Page • 4 Orange
John Wolter 5 Newport Beach
I
Note: ' Term expires upon confirmation of regular members �
l
s i
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rM ► .
National Pollutant Discharge Elimination System
Stormwater Permit Implementation Agreement
Santa Ana/San Diego Regions
This AGREEMENT entered into as of this day of
fjer , 1990 by the County of Orange, (herein called the
COUNTY) , the Orange County Flood Control District (herein called
the DISTRICT and the Cities of Anaheim, Brea, Buena Park, Costa
Mesa, Cypress, Dana Point, Fountain Valley, Fullerton, Garden
Grove, Huntington Beach, Irvine, Laguna Beach, Laguna Niguel, La
Habra, La Palma, Los Alamitos, Mission Viejo, Newport Beach,
Orange, Placentia, San Clemente, San Juan Capistrano, Santa Ana,
Seal Beach, Stanton, Tustin, Villa Park, Westminster, and Yorba
Linda (herein called the CITIES) establishes the responsibilities
of each party with respect to compliance with National Pollutant
Discharge Elimination System (NPDES) Stormwater regulations
administered by the United States Environmental Protection Agency
(EPA) under the authority granted by the Clean Water Act (CWA)
and its 1987 amendments, the Water Quality Act (WQA) .
RECITALS
Whereas
Congress in 1987 amended Section 402 of the Federal Clean
Water Act (33 U.S . C.A. 1342 (p) ) to require the federal
Environmental Protection Agency to promulgate regulations for
applications for permits for stormaater discharges; and
Whereas
These permit regulations will require the control of
pollutants from stormwater discharges by requiring a National
Pollutant Discharge Elimination System permit which would allow
the lawful discharge of stormwaters into waters . of the United
States; and
Whereas
These EPA regulations will require NPDES permits for
discharges from municipal storm sewers on a system-wide or
jurisdiction-wide basis; and
Whereas
The Legislature, in enacting the Orange County Flood Control
Act, created the Orange County Flood ' Control District to provide
for the control of flood and stoma waters; and
Whereas
The powers granted to the DISTRICT include carrying on
technical and other investigations, examinations, or tests of all
kinds, making measurements, collecting data, and making analyses,
studies, and inspections pertaining to water supply, control of
floods, use of water, water quality, nuisance, pollution, waste,
and contamination of water, both within and without the DISTRICT;
and
1
Whereas ,
The CITIES, the COUNTY and the DISTRICT desire to develop
an integrated stormwater discharge management program with the
objective of improving water quality in the County of Orange; and
Whereas
The California State Water Resources Control Board (CSWRCB)
as designee of the EPA has delegated authority to- the Regional
Water Quality Control Boards-Santa Ana Region (RWQCB-SAR) and San
Diego Region (RWQCB-SDR) for administration of the NPDES Storm
water permit application process within the boundaries of their
Regions; and
Whereas
The COUNTY, DISTRICT and CITIES have been designated as co-
permittees by the RWQCBs; and
Whereas
The COUNTY has been designated as the lead Agency on the
permits; and
Whereas
Cooperation between the CITIES, the COUNTY and the DISTRICT
to jointly file applications for NPDES Stormwater permits is in
the best interests of the CITIES, the COUNTY and the DISTRICT;
and
Whereas
The COUNTY is willing to share the expertise of its staff
with the CITIES so that they can join in seeking and implementing
certain requirements of the NPDES Stormwater permits; and
NOW THEREFORE: The parties hereto do mutually agree as follows:
I. Filing Status. The COUNTY, DISTRICT and CITIES will
file the applications for stormwater permits as co-
permittees . The COUNTY , the DISTRICT and each
individual city will be a co-permittee.
II. lncorporatign of Federal Guidelines, The terms of all
applicable Federal and State guidelines, as presently
written or as changed during the life of this agreement
are hereby incorporated by reference and made a part of
this AGREEMENT and take precedence over any
inconsistent terms of this agreement. Inconsistencies
between the terms of the permit and final federal
regulations are not applicable unless mandated by court
order.
III. Delegation 21 Responsibilities,- The responsibilities
of each of the parties shall be as follows:
A. The COUNTY, on a cost-shared basis, shall
administer system compliance by
2
1. Preparing implementation and annual operating
budgets. The budget year shall coincide with
the fiscal year of the COUNTY, July 1 - June
30.
a. The participants shall be permitted to
review and approve the annual operating
budget for the forthcoming year.
Criteria -for approval shall be
affirmative responses from a majority of
the cc-permittees which represent a
majority of - the percentage contribution
as described in Section IV. The COUNTY
and the DISTRICT will represent one
voting co-permittee with their
percentage contribution equal to the
total of the COUNTY and the DISTRICT as
described in Section IV. The review
period shall be from November 1 to
November 30 of each year with approval
of the final budget to be completed by
December 15.
b. The annual operating budget shall not be
exceeded without prior consent of the
majority of the co-permittees which
represent a majority of the percentage
contribution.
2. Preparing compliance reports to the Regional
Board and providing copies to the co-
permittees.
3 . Preparing a draft system-wide Best Management
Practices• (BMP) Program report.
4 . Monitoring the implementation and ensuring
the effectiveness of system-wide BMPs. This
will include field reconnaissance to evaluate
structural and procedural BMPs. An annual
report to the RWQCB will be prepared
presenting the results of these evaluations.
B. The DISTRICT shall , to the maximum extent
practicable and on a cost-shared basis except in
paragraph 4 below,
1. Perform the water quality and hydrographic
monitoring for permit compliance.
2. Administer the water pollution control
program by enforcing the orange County Water
Pollution Ordinance.
3 . Develop uniform criteria for annual
3
inspection of drainage facilities]
4 . Perform inspections, at no .cost to the
CITIES or the COUNTY, on those facilities
owned by the DISTRICT -and on municipal
separate storm sewers in -, unincorporated
County. Contracts , for such inspections
within CITIES may be undertaken at the sole
expense of the requesting city.
C. The CITIES shall , to the maximum extent
practicable and at no cost to COUNTY or DISTRICT,
1. Implement a facility inspection program in
accordance with the uniform ' criteria
developed by the DISTRICT, for all municipal
separate storm sewers as defined by the
stormwater permit and within the
jurisdictional boundaries of that city.
2. Submit to the COUNTY, storm drain maps with
periodic revisions which reflect the
modifications that were made to the stow;.
drain system.
3 . Prepare watershed characterizations,
including:
a. Zoning designations and
b. Identification of areas where hazardous
materials presently are or are suspected
to have been stored, manufactured or
disposed of. This shall include sites
at which a hazardous material spill has
occurred.
4 . Review, approve, and implement system-wide
BM Ps.
5. Eliminate or have eliminated, illegal/illicit
connections to the storm drain system.
6. Identify the legal authority for control of
discharges to the storm drain system.
7. Provide to the COUNTY annual reports (on
forms provided by the COUNTY) and any other
information needed to satisfy annual
reporting requirements of the RwQCBs.
B . Adopt and enforce, or name DISTRICT as
enforcer of a water pollution control
ordinance, which prohibits non-NPDES
permitted discharges to the municipal
4
separate storm sewer system.
D. The COUNTY shall , to the maximum extent
practicable and at no cost to the CITIES .or the
DISTRICT, undertake in the unincorporated areas of
the COUNTY, all activities required above of the
CITIES that -are not responsibilities of the
DISTRICT as outlined in Section III. B.
IV. Program Costs. The responsibilities for payment of all
shared costs of equipment, services, contracted
analytical services, and the cost of the Regional
Board permits, shall be distributed among the
DISTRICT, COUNTY and CITIES as, follows:
Participant Percentage Contribution
DISTRICT 5
CITIES + COUNTY 95
The individual percentage contributions from each city
and the COUNTY shall be functions of their respective
areas and populations relative to -those of the entire
County. Each shall be calculated as one half of the
sum of the area and population fractions, rlultiplied by
95 . Excluded are national forests, state parks ,
airports, landfills, oceans, harbors, tidal bays and
military installations. The contribution of the COUNTY
shall be calculated from unincorporated areas and their
respective populations.
x) + �,yy
Share in percent for City # 1 — Clot) Extot� (95)
2
x = area
y = population
tot = total population or area
95 = total percentage excluding Flood Control .
District contribution
The percentage shares shall be calculated by the COUNTY
EMA Environmental Resources Division from population
and area data. These calculations shall be completed by
November 1 of each year and shall be included in the
annual budget proposal. The initial percentage shares
are presented in Attachrent 1.
The total of shared costs shall not exceed $1, 000, 000
for the first year of the program. A deposit which
constitutes a share percentage of the total anticipated
first year costs shall be required of each city. The
5
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COUNTY shall send invoices for these deposits to the
CITIES within 15 days of the signing of this AGREEMENT
by the Board of Supervisors. Each city shall pay the
deposit within 45 days of the date of the invoice.
If at any time during a given fiscal year -the program
costs exceed the sum of the deposits, the COUNTY shall
submit invoices to the CITIES to recover the deficit.
The share for each city shall be prorated according to
the formula •above. Each city shall pay the invoice
within 45 days of the billing date.
The COUNTY shall prepare a fiscal year end accounting
within 60 days of the end of the fiscal year. If the
fiscal year -end accounting results in costs (net of
interest earnings) exceeding the sum of the deposits,
the COUNTY shall invoice each city for its prorated
share of the excess cost. Each city shall pay the
billing within 45 days of the date of the invoice.. If
the fiscal year end accounting results in the sum of
the deposits exceeding costs (net of interest
earnings) , the excess deposits will carry forward to
reduce the billings for the following year.
After the initial billing for the program, the COUNTY
shall invoice each city for its annual deposit at the
beginning (July 1) of each fiscal. year. Each city
shall pay the deposit within 45 days of the date of the
invoice. Each city's deposit shall be based on their
prorated share of the approved annual budget, reduced
for any surplus identified in the prior fiscal year end
accounting.
Interest earned on the CITIES deposits will not be paid
to the CITIES, but will be credited against the CITIES
share of the program costs.
Upon termination of the program a final accounting
shall be performed by the COUNTY. If costs (net of
interest earnings) exceed the sum of the deposits, the
COUNTY shall invoice each city for its prorated share
of the excess. Each city shall pay the invoice within
45 days of the date of the invoice. -If the sure of the
deposits exceeds the costs, the COUNTY shall reimburse
to each city. its prorated share of the excess, within
45 days of the final accounting. Interest earnings are
used to offset the CITIES share of program costs and
will not be refunded to the CITIES.
Each city and the COUNTY shall bear the financial
responsibility for implementing the Program, within its
jurisdictional boundaries, as outlined in Section III.
C. and D.
The filing fees for the Permits shall be included in
6
the first year costs..
V. Life of the AGREEMENT. The life of the AGREEMENT shall
be indefinite or as long as' the WQA mandates
compliance.
VI: Additional Parties. Any city which becomes signatory
to this AGREEMENT after the applications for the
initial NPDES Stormwater permits have been approved and
any city which becomes incorporated shall become a co-
permittee on the NPDES Stormwater permit issued by its
respective RWQCB and shall comply with all of the
provisions of this AGREEMENT. The date of initiation,
for determining participant costs for newly
incorporated CITIES shall be the date of incorporation,
and for a city signing after NPDES Stormwater permit
approval it shall be the date of the initial
application for the NPDES Stormwater permit. The costs
for adding the additional parties to the program,
including additional permit and processing fees, shall
be paid by the added party. . Monies to be reimbursed to
the existing co-permittees. shall be credited to their
respective annual program operating fees for the
following budget year.
VII . Withdrawal from the AGREEMENT . A participant may
withdraw from the AGREEMENT 60 days subsequent to
written notice to the COUNTY. - The COUNTY will notify
the remaining co-permittees within 10 business days of
receipt of the withdrawal notice. The withdrawing
participant shall agree to file for a separate permit
and to comply with all of the requirements established
by the RWQCB (s) . In addition, withdrawal shall
constitute forfeiture of the withdrawing participant's
deposit for the budget year of withdrawal . The
withdrawing participant shall be responsible for all
lawfully assessed penalties as a consequence of
withdrawal. The cost allocations to the remaining
members will be recalculated in the following budget
year.
VIII. Non--compliance with Permit Requirements . Any
participant found in non-compliance with the conditions
of the permit within their jurisdictional
responsibilities shall be solely liable for any
lawfully assessed penalties, pursuant to Section 13385
of the Water Code . Common penalties shall be
calculated according to the formula outlined in Section
IV.
IX. Legal Action/Costa/attorney Fees. Where any legal
action is necessary to enforce any provision hereof for
damages by reason of an alleged breach of any
provisions of this AGREEMENT, the prevailing party
shall be entitled to receive from the losing party all
7
litiga an and collection expenses, administrative
costs, witness fees and court costs.
X. Amendments to the AGREEMENT. This AGREEMENT may be
amended by consent of a majority of the co-permittees
which - represent a majority of the percentage
contributions as described in Section IV. The COUNTY
and the DISTRICT will represent one voting co-permittee
with a percentage contribution equal to the sum of the
individual contributions of the COUNTY and DISTRICT as
described in Section IV. No amendment to this
AGREEMENT shall be effective unless it is in writing
and signed by the duly authorized representatives of
the majority of co-permittees.
XI. Authorized signatories. The County Director of 'Public
works and the respective city Engineers or Directors of
Public Works, shall be authorized to execute the
application(s) for NPDES Stormwater permit(s) and take
all other procedural steps necessary to file the
application(s) for NPDES Stormwater permit(s) .
XII. Notices. All notices shall be deemed duly given if
delivered by hand: or three (3) days after deposit in
the U.S. Mail, postage prepaid.
XIII. Governing Law, This AGREEMENT will be governed and
construed in accordance with laws of the State of
California. If any provision or provisions of this
AGREEMENT shall be held to be invalid, illegal or
unenforceable, the ' validity, legality and
enforceability of the remaining provisions shall not in
any way. be affected or impaired hereby.
XIV. Consent to Breach not Waiver. No term or provision
hereof `shall be deemed waived and no breach excused,
unless such waiver or consent shall be in writing and
signed by the co-permittee to have waived or consented.
Any consent by any co-permittee to, or waiver of, a
breach by the other, whether express or implied, shall
not constitute a consent to, waiver of, or excuse for
any other different or subsequent breach.
XV. Applicability of Prior agreements. This document
constitutes the entire AGREEMENT between the co-
permittees with respect to the subject matter; all
prior : agreements, representations , statements ,
negotiations and undertakings are superseded hereby.
XVI. Execution of the AGREEMENT. This AGREEMENT may be
•executed in counterpart and the signed counterparts
shall constitute a single instrument.
8
IN WITNESS WHEREOF, this AGREEMENT has been executed as of
the day and year first above written.
COUNTY OF RANGE
SIGNED AND CERTEFEED THAT A COr Y OF By `/ey2��
THISpOCUMENT HAS BEEN DELPJEREDTO Chairperson, Board of Supervisors
THE CHAIRMAN OF THE BOARD.
LiNDAD.WTH ra •rf•9a ORANGE C FLOOD OL DISTRICT
Clerk of the Board of Supervisors
County of Orange.California By
Chairperson, Board of Supervisors
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD.
LINDA D. RUTH �l,rg.gv
Clerk of the Board of Supervisors
County of Orange, California
APPROVED AS TO FORK:
ADRIAN KUYPER, COUNTY COUNSEL
ORANGE *RINIA
� o- gyp-p0
y _-w
Date
9
Ci o� Huntington Beach
By I /L,-,
C ty Admini ra`tor
By
Directo of Public Works
Gt
By
or
L=n=
ATTEST:
City Clerk I'm Ij
APPROVED AS TO FORM:
r „/ /0 7
City Attorn
�A_ a-9
19
ATTACHMENT 1
1990-91 PARTICIPANT SHARE CALCULATIONS
I
ATTACHMENT 1
WEIGHTED AVERAGE METHOD VEIGHTINGS: POPULATION 50%
• AREA 50%
7-31.90 WEIGHTED PER
1.1.90 "AREA AVERAGE S1,000,000
"POPULATION X OF POP. (sq. miles) % OF AREA SNARE BUDGETED
ANAHEIM 247,822 10.65% 44.99 6.70% 8.243428% S82,434.23
BREA 33,815 1.45% 10.36 1.54% 1.423452% $14,234.52
BUENA PARK 66,608 2.86% 10.06 1.50% 2.071843% S20,718.43
COSTA MESA 94,706 4.07% 15.34 2.28% 3.019148% S30,191.48
CYPRESS 45,703 1.96% 6.93 1.03% 1.423527% $14,235.27
DANA POINT 31,189 1.34% 6.04 0.90% 1.064192% $10,641.92
FOUNTAIN VALLEY 56,382 2.42% 9.55 1.42% 1.826951% S18,269.51
FULLER70H 111,737 4.80% 22.19 3.31% 3.851549% S38,515.49
GARDEN GROVE 135,286 5.82% 17.77 2.65% 4.019693% S40,196.93
HUNTINGTCN BEACH 191,630 8.24% 26.83 3.99% 5.909078% S58.090.78
IRVINE 102,418 4.40% 43.43 6.46% 5.161663% S51,618.63
LACUNA BEACH 24,599 1.06% 7.50 1.12% 1.0329221% S10,329.22
LACUNA NIGUEL 37,527 1.61% 14.70 2.19% 1.806304% S18,063.C4
LA HABRA 49,398 2.12% 7.70 1.15% 1.553455% S15,534.55
LA PALMA 16,120 0.69% 2.01 0.30% 0.471369% $4,713.69
LOS ALAMITOS 12,206 0.52% 2.19 0.33% 0.404182% S4,041.82
MISSION VIEJO 75,537 3.25% 16.39 2.44% 2.702015% S27,020.15
NEIIPORT BEACH 70,202 3.02% 13.72 2.04% 2.404175% 124,041.75
ORANGE 107,712 4.63% 23.18 3.45% 3.839402% 538,394.02
PLACENTIA 42,060 1.81% 6.61 0.98% 1.326499% $13,264.99
SAN CLEMENTE 40,331 1.74% 16.91 2.52% 2.020938% $20,209.38
SAN JUAN CAPISTRANO 25,268 1.09% 14.C5 2.09% 1.509994% S15,099.94
SANTA ANA 235,961 10.14% 27.34 4.07% 6.752498% 167,524.98
SEAL BEACH 27,347 1.18% 8.55 1.27% 1.163322% 111,633.22
STANTON 28,427 1.22% 3.13 0.47% 0.801911% S8,019.11
TUSTIN 49,409 2.12% 8.58 1.28% 1.615939% $16,159.39
VILLA PARK 6,959 0.30% 2.08 0.31% 0.289259% S2,892.59
WESTMINSTER 73,403 3.16% 10.19 1.52% 2.219791% %22,197.91
YORBA LINDA 52,367 2.25% 17.9E 2.68% 2.339973% %23,399.73
COUNTY OF ORANGE 234,032 10.06% 255.1E 38.01% 22.831329% $228,313.29
COUNTY FLOOD CONTROL 5.000000% $50,000.00
2,326,211 100.00% 671.38 100.001. 100.000000% S1,000,000.00
zsaazzzx-ssssssasssssssszzszss:szsssrsssszss:asssssz�szssasaszsssssssszszssssssz
NUMBERS MAY NOT FOOT DUE TO ROUNDING
" Source: California State Department of Finance
Source: EnvironrientaL Management Agency - Surveyor;8oundary Unit
Area has been calculated using the dry land area figures
provided by EMA and subtracting areas in each jurisdiction for
national forests, state parks, airports, landfills and military
installations.
GROSS DRY LAND AREA FIGURES SUPPLIED BY EMA •SURVEYOR/BOUNDARY UNIT:
ANAHEIM 44 .99 LOS ALAMITOS 4 .26
BREA 10.36 MISSION VIEJO 16.39
BUENA PARK 10. 06 NEWPORT BEACH 13 . 77
• COSTA MESA 15.34 ORANGE 23 .18
CYPRESS 6.93 PLACENTIA 6. 61
DANA POINT 6.44 SAN CLEMENTE 17. 09
FOUNTAIN VALLEY 9 .55 SAN JUAN CAPISTRANO 14 . 05
FULLERTON 22 .30 SANTA ANA 27. 34
GARDEN GROVE 17 .77 SEAL BEACH 10.72
HUNTINGTON BEACH 27.27 STANTON 3 . 13
IRVINE 43 .40 TUSTIN 10.98
LAGUNA BEACH 7 .50 VILLA PARK 2 . 08
LAGUNA NIGUEL -24 . 70 WESTMINSTER 10. 19
LA HABRA 7.70 YORBA LINDA 17. 96
LA PALMA 2.01 COUNTY OF ORANGE 364 . 80
LAND AREA DEDUCTED FROM JURISDICTIONS:
Landfills:
Area
(Sq. Miles) Jurisdiction
Olinda .89 County
Santiago .25 County
Prima Deschecha 2 :34 County
Bee Canyon 1. 13 County
Coyote Canyon 1. 09 County
State Parks:
Area
(Sq. Miles) Jurisdiction
Alamitos St. Beach . 002 Seal Beach
Bolsa Chica St. Beach .27 Huntington Beach
Chino Hills St. Park 4 . 09 County
Corona Del Mar St. Beach .05 Newport Beach
Crystal Cove St. Park 6.30 County
Doheny St. Beach .40 Dana Point
Huntington St. Beach .20 Huntington Beach
San Clemente St. Beach . 18 San Clemente
Airports:
Area
(Sq. Miles) Jurisdiction
Fullerton . 11 Fullerton
John Wayne .78 County
Military Facilities:
Area
(Sq. Miles) Jurisdiction
Marine Corps Air Station 2.40 Tustin
El Toro Marine Base 6;25 County
Los Alamitos Armed 2 .07 Los Alamitos
Services Reserve Center
Seal Beach Weapons Station 2 . 17 Seal Beach
National Forests:
Area
(Sq. Miles) Jurisdiction
Cleveland National Forest 86.75 County ;
STATEMENT OF_THE ACTION OE THE CITY COUNCIL
Council Chamber, Civic Center
Huntington Beach, California
Monday, October 1 , 1990
A videotape recording of this meeting is
on file in the City Clerk's Office.
Mayor Mays called the regular meetings of the City Council and the
Redevelopment Agency of the City of Huntington Beach to order at 7 p.m.
ROLL CALL
PRESENT: MacAllister, Winchell , Green, Miys, Bannister, Silva, Erskine
ABSENT: None
(Cityn it AGREEMENT - APPEOVED -- ENV R NMENT L P TE TI N AGENCY
NATIONAL POLLUTANT DI5CHARGE_.ELIMINATIOH SYSTEM (NPDES (600.25)
A motion was made by MacAllister, seconded by Green, to approve and authorize
execution of the National Pollutant Discharge Elimination System Storm Dater
Permit Implementation Agreement to clean up storm water (Huntington Beach
share is $58,090.78 for the first year). The motion carried by the following
roll call vote:
AYES: MacAllister, Winchell , Green, Mays. Bannister, Silva, Erskine
NOES: None
ABSENT: None
#*ii*#i*#i#*#i#ii##i#*#i#*#t####iiiiFit.�*ii*i*Sri**iiiii##*iik*#i*itii*ii4*i**iii
Mayor Mays adjourned the regular meeting of the City Council and the regular
meeting of the Redevelopment Agency of the City of Huntington Beach to 7 p.m. ,
Monday, October 8, 1990, to Room B-8, Civic Center.
ATTEST: Connie Brockway
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
_ -Connie Brockway
City Clerk
Page 2 - Council/Age, Statement of Action - 10/10A,. ,,
STATE OF CALIFORNIA ) Mays
County of Orange ) Mayor
City of Huntington Beach)
I, CONNIE BROCKWAY, the duly elected and qualified City Clerk of the
City of Huntington Beach. California, do hereby certify that the above and
foregoing is a true and correct Statement of Action of the City Council of
said City at their regular meeting held cn the .lst day of October 1990.
WITNESS my hand and seal of the said City of Huntington Beach this
the .10th day of October 1990.
.Connie_Brockway
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
Deputy
REQUEk FOR CITY COUNCeACTION Goo.ya
Date May 7, 1990
Submitted to:
Honorable Mayor and City Council
Michael T. Uberuaga, City Administrato
Submitted by:
Prepared by: � x
Louis F. Sandoval, Director of Public Works ;ENVIRONMENTAL PROTECTION AGENCY —NATIONAL POLLUTANT
Subject: DISCHARGE ELIMINATION SYSTEM {NPDES}
APPROVED BY<CITY COR`:C14
-_-,
7
Consistent with Council Policy? [ Yes ( ] New Policy or Exceptio
Statement of issue, Recommendation,Analysis, Funding Source,Alternative , VA
STATEMENI OF ISSN
As a part of the U.S. Clean Water Act, the EPA has initiated a program to clean up our
storm waters. The program is called the National Pollutant Discharge Elimination System
(NPDES). Rules and guidelines are to be issued in July 1990 which will require
municipalities to undertake an extensive program of testing, inventorying, investigating,
and regulating storm waters within their boundaries.
To bring about a more organized and efficient approach to this program, several cities
have been meeting with the County (EMA and Flood Control) to develop a unified program
with the County as lead agency. The County has the expertise to do much of the needed
investigation and storm water testing through the entire County (they already have a
limited program in place) and is willing to be the lead agency. They would apply for the
permit and the cities would be co-permittees.
RECOMMEND_AMN:
1. Authorize the City to be a co-permittee on the application for the Orange County
NPDES permit.
2. Authorize the City Engineer to sign the application and permit on behalf of the City.
3. Authorize the Mayor and the City Clerk to execute the Joint Agreement for
Implementation of NPDES Permit in a form to be approved by the City Attorney.
ANALYSIS:
City staff believes that the only practical way to move forward with this new program is
one in cooperation with the County and other cities. It is not entirely clear yet what all
will be expected of the City. As a minimum, we think there will be storm drain system
inspections needed, on-site Investigations of potential pollutants, and regulatory
enforcement required. The actual extent and cost is not know known. During the initial
permit term our total obligation will be determined. Additional legislation at the City and
State levels may be needed. If legislation is needed, a combined effort will be more
effective. Also, a funding source may be required.
off
i
V
NO 5/85
e ;
Request for Council Action
Environmental Protection Agency (NPDES)
May 7, 1990
Page 2
For the work to be done by the County in support of the cities, a draft joint participation
agreement has been developed. It is contemplated that the County and all the Orange
County cities would sign this agreement and pay their fair share of EMA's costs. Cost
sharing would be based on a formula involving equal weighting of population and area. The
Orange County Flood Control District will pay 5% of the cost off the top.
Under normal circumstances, a permit application would be submitted to the Santa Ana
Regional Water Quality Board (the local agency designated by EPA to regulate the NPDES
program) after the rules have been issued in July 1990. However, it appears to be a better
strategy to file for a permit ahead of the July date. In doing so, several advantages are
obtained.
1. A 5-year permit will be issued which will not be subject to the anticipated stringent
rules to be promulgated in July.
2. The guidelines of this early permit will be based upon the federally-mandated
program, but patterned in a manner more feasible and acceptable to all Orange
County agencies.
3. Implementation time lines will be those developed by the County and the cities and
not those mandated by the July guidelines.
4. The Santa Ana Regional Water Quality Board is advocating this approach as one which
will be easier for them to manage, and one which will also be acceptable to EPA.
At this time, staff believes the filing of an early permit is necessary as outlined above. As
the program develops, staff will bring the appropriate matters back to Council for action.
EMIN_G SOURCE;
Included in the proposed 1990-91 budget (Flood Fund) will be approximately $105,000 for
an NPDES Inspector position, the anticipated permit fee and water quality testing costs.
Funding for future years must be found from another source.
ALTERNATIVE ACTION:
File a separate permit for the City of Huntington Beach only.
AM CHMENTS
1. Letter of intent and application for the City of Huntington Beach to be a
co-permittee with the County of Orange and other Orange County cities on the
NPDES Permit.
2. Draft NPDES Stormwater Permit Application Implementation Agreement.
LFS:REE:lw
2395g/1
V
CITY OF HUNTINGTON BEACH
2000 %iAIN STREET P. 0. BOX 190 CALIFORNIA 92648
Louis F. Sandoval Public Works Department
Director (714) 536-5431
May 8, 1990
Mr. Gerard J. ThibeauIt
Executive Officer
California Regional Water Quality
Control Board, Santa Ana Region
6809 Indiana Avenue, Suite 200
Riverside, California 92506
Subject: ORANGE COUNTY POLLUTANT DISCHARGE
ELIMINATION SYSTEM (NPDES) STORNIWATER
PERMIT, ADDITIONAL CITY ENROLLMENT
Dear Mr. Thibeault:
This letter serves as notification that the City of Huntington Beach, California, wishes to
participate as a co-applicant with the County of Orange, the Orange County Flood Control
District and the Cities presently designated as co-applicants in the NPDES Stormwater
Permit application previously submitted for Orange County. We would also like to be
designated as co-permittees on the final permit.
If other action is required or if you have any questions please call:
City Contact -William Patapoff (714) 536-5431
County Contact - Robert Collacott (714) S67-6360
We look forward to working with your Board to develop and implement the permit
requirements.
Sincerely,
Robert E. Eichblatt, P.E.
City Engineer
REE:dw
2395g/3
National Pollutant Discharge Elimination System
Stormwater Permit Application
Implementation Agreement
Santa Ana Region
April 51 1990 DRAFT
This AGREEMENT entered into as of this day of
, 29 by the county of Orange, (herein called
the COUNTY) , the Orange County Flood Control District (herein
called the DISTRICT and the Cities of Anaheim, Brea, Buena Park,
Costa Mesa, Cypress, Dana Point, Fountain Valley, Fullerton,
Garden Grove, Huntington Beach, Irvine, - Laguna Beach, Laguna
Niguel, La Habra, La Palma, Los Alamitos, Mission Viejo, Newport
Beach, Orange, Placentia, San Clemente, San Juan Capistrano,
Santa Ana, Seal Beach, Stanton, Tustin, Villa ' Park, Westminster,
and Yorba Linda (herein called the CITIES) establishes the
responsibilities of each party With respect to compliance with
National Pollutant Discharge Elimination System . (NPDES)
Stormwater permit application regulations administered by the
United States Environmental Protection Agency (EPA) under the
authority granted by the Clean Water Act (CWA) and its 1987
amendments, the water Quality Act (WQA) .
RECITALS
Whereas
Congress in 1987 amended Section 402 of the Federal Clean
Water Act (33 U.S.C.A. 1342 (p) ) to require the federal
Environmental Protection Agency to promulgate regulations for
applications for permits for stormwater discharges; and
Whereas
These permit regulations will require the control of
pollutants from stormwater discharges by requiring a National
Pollutant Discharge Elimination System permit which would allow
the lawful discharge of stormwaters into waters of the United
States; and
Whereas
These EPA regulations will require NPDES permits for
discharges from municipal storm sewers on a system-wide or
jurisdiction-wide basis; and
Whereas
The Legislature, in enacting the orange County Flood Control
Act, created the Orange County Flood Control District to provide
for the control of flood and storm waters; and
Whereas
The powers granted to the DISTRICT include carrying on
technical and other investigations, examinations, or tests of all
kinds, making measurements, collecting data, and making analyses,
studies, and inspections pertaining to water supply, control of
floods, use of water, water quality, nuisance, pollution, waste,
and contamination of water, both within and without the DISTRICT;
1
c �
and
Whereas
f The CITIES, the COUNTY and the DISTRICT desire to develop
an integrated stormwater discharge management program with
objective of improving water quality in the County of Orange; and
Whereas
The California State Water Resources Control Board (CSWRCB)
as designee of the EPA has delegated authority to the Regional
Water Quality Control Board-Santa Ana Region (RWQCB-SAR) and San
Diego Region (RWQCB-SDR) for administration of the NPDES -Storm
Water permit application process within the boundaries of their
Regions; and
Whereas
The COUNTY, DISTRICT and CITIES will be designated as
co-permittees by the RWQCB; and
Whereas
The COUNTY has been designated as the lead Agency on the
permit; and
Whereas
Cooperation between the CITIES, the COUNTY and the DISTRICT
to jointly file application(s) for NPDES Stormwater permit(s) is
in the best interests of the CITIES, the COUNTY and the DISTRICT;
and
Whereas
The COUNTY is willing to share the expertise of its staff
with the CITIES so that they can join in seeking and implementing
certain requirements of the NPDES Stormwater permit(s) ; and
NOW THEREFORE: The parties hereto do mutually agree as follows:
I. Filing Status. The COUNTY, DISTRICT and CITIES will
file the application(s) for stormwater permit(s) as co-
permittees. The COUNTY, the DISTRICT and each
individual city will be a co-permittee.
II. Jnco3M=ation pf Federal guidelin2ezu The terms of all
applicable Federal and State guidelines, as presently
written or as changed during the life of this agreement
are hereby incorporated by reference and made a part of
this agreement and take precedence over any
inconsistent terms of this agreement.
III. pelegation gof es o s bilit_ies. The responsibilities
of each of the parties shall be as follows:
A. The COUNTY, on a cost--shared basis, shall
administer system compliance by
1. Preparing implementation and annual operating
2
t ti
budgets.
a. The participants shall be permitted to
review and approve the annual operating
budget- Criteria for approval shall be
affirmative responses from a majority of
the co-permittees Which represent a
majority of the percentage contribution
as described in Section IV. The COUNTY
and the DISTRICT will represent one
voting co-permittee with their
percentage contribution equal to the
total of the COUNTY and the DISTRICT as
described in Section IV. The review
Period' shall be from November 1 to
November 30 of each year with approval
of the f inal budget to be completed by
December 31.
2. Preparing compliance reports to the Regional
Board and providing copies to the co-
permittees.
3. Preparing a draft system--wide Best Management
Practices (BMP) Program report.
4. Monitoring the implementation and assuring
the effectiveness of system-wide BMPs. This
will include field reconnaissance to evaluate
structural and procedural BMPs. An annual
report to the RWQCB will be prepared
presenting the results of these evaluations.
B. The DISTRICT shall on a cost-shared basis except
in paragraph 4 below,
I. Perform the water quality and hydrographic
monitoring for permit application . and
compliance.
2. Administer the water pollution control
program by enforcing the orange County Water
Pollution Ordinance. See Appendix A.
3. Develop uniform criteria for annual
inspection of drainage facilities.
4. Perform inspections on those facilities owned
by the DISTRICT and on municipal separate
storm sewers in unincorporated County.
Contracts for such ' inspections within
CITIES may be undertaken.
C. The CITIES shall , at no cost to COUNTY or
DISTRICT,
3
1. Implement an annual facility inspection
�. program in accordance with the uniform
criteria developed by the DISTRICT for all
municipal separate storm sewers as defined by
the WQA and within the jurisdictional
boundaries of that city.
2. Submit to the COUNTY, storm drain maps with
periodic revisions as necessary.
3. Prepare watershed characterizations,
including:
a. Zoning designations and
b. Identification of areas where
hazardous materials presently are
or are suspected to have been
stored, manufactured or disposed
of. This shall include sites at
which a hazardous material spill
has occurred.'
4. Review, approve, and implement system-wide
BMPs.
5. Eliminate or have eliminated, illegal/illicit
connections to the storm drain system.
6. Identify the legal authority for control of
discharges to the storm drain system.
7. Provide to the COUNTY annual reports (on
forms provided by the COUNTY) and any other
information needed to satisfy annual
reporting requirements of the RWQCBs.
a. Adopt and enforce, or name DISTRICT as
enforcer of awater pollution control
ordinance, which prohibits non-NPDES
permitted discharges to the municipal
separate storm sewer system.
D. The COUNTY shall, at no cost to the CITIES,
undertake, in the unincorporated areas of the
COUNTY, all activities required above of the
CITIES.
E. The COUNTY, DISTRICT and CITIES shall take all
steps required to:
a. Submit any application(s) for NPDES perriit(s)
by March 15, 1990,
b. obtain draft permit(s) by May 15, 1990 and
f 4
c. obtain issuance of NPDES permit (s) for
stormwater discharge by July 13, 1990.
IV. Program Coss All shared costs, including the cost of
the Regional Board permit, will be recalculated
annually per III A.l ; and shall be allocated to the
parties as follows:
Participant i Percentage ContXibution
DISTRICT 5
CITIES + COUNTY ' 95
The individual percentage contribution from each city
and the COUNTY shall be a function of the area and the
population. It shall be calculated as the mean
percentage of the area and population of each
participant multiplied by 95. Excluded are national
forests, state and regional parks, airports, state
hospitals, landfills and military installations. The
contribution of the COUNTY shall be calculated from
unincorporated areas and their respective populations.
,�Y��
City 1 iXt to + �xtot" (95)
z
x area
y population
tot = total population or area
95 = total percentage excluding Flood Control
District contribution
• Each city shall pay quarterly, its share of the cost
within 60 days of receipt of invoice mail by the
COUNTY. Each city and the COUNTY shall bear the
financial responsibility for implementing the Program,
within its jurisdictional boundaries, as outlined in
Section III. C. and D.
V. Life of the Agreement. The term of this agreement
commences on its execution by each - of the duly
authorized representatives of the CITIES and the
COUNTY. The life of the agreement shall be indefinite
or to which time the Section of the WQA which mandates
compliance to these regulations is repealed or amended.
VI. Additional Parties. Any city which becomes signatory
to this agreement after the application for the initial
NPDES Stormwater permit has been approved and any City
which becomes incorporated shall become a co-permittee
5
t
•
on the NPDES Stormwater permit and shall comply with
all of the provisions of this agreement. The date of
` initiation, for determining participant costs for newly
incorporated CITIES shall be the date of incorporation
and for CITIES signing after NPDES Stormwater permit
approval it shall be the date of the initial
application for the NPDES Stormwater permit. The costs
for adding the additional parties to the program,
including additional permit and processing fees, shall
be paid by the added party. Monies to be reimbursed to
the existing co-permittees shall be credited to their
respective annual program operating fee.
VII. Withdrawal from the Agreement. A participant may
withdraw from the program 60 days subsequent to written
notice to the COUNTY. The participant shall agree to
file for a separate permit and to comply with all of
the requirements established by the RWQCB. In
addition, withdrawal shall constitute fortiture of all
of one equal share of the joint implementation cost as
of the effective withdrawal date. The withdrawing
participant shall be responsible for all lawfully
assessed penalties as a consequence of withdrawal. The
cost allocations to the remaining members will be
recalculated.
VIII. Nan-compliance with Permit Requirements. Any
participant found in non-compliance with the conditions
of the permit within their jurisdictional
responsibilities shall be solely liable for any
lawfully assessed penalties. Common penalties shall be
calculated according to the formula outlined in Section
IV.
IX. Amendments to the AGREEMENT. This AGREEMENT nay be
anended by consent of a majority of the co-permittees
which represent a majority of the percentage
contributions as described in section IV. The COUNTY
and the DISTRICT will represent one voting co-permittee
with a percentage contribution equal to the sun of the
individual contributions of the COUNTY and DISTRICT as
described in Section IV.
X. The County Director of Public Works and the respective
City Engineers or Directors of Public Works, shall be
authorized to execute the application(s) for NPDES
Stormwater permit(s) and take all other procedural
steps necessary to file the application(s) for NPDES
Stormwater pernit(s) .
6
IN WITNESS WHEREOF, this agreement has been executed as of
the day and year first above written.
COUNTY OF ORANGE
By
Chairperson, Board of Supervisors
OR?INGE COUNTY FLOOD CONTROL DISTRICT
By
Chairperson, Board of Supervisors
ATTEST:
Clerk of the
Board of Supervisors
APPROVED AS TO FORM:
Benjamin P. deMayo
Deputy County Counsel
7
if
City Of HUNTINGTON BEACH
By
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
Deputy City Attorney
g
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:. REQUE6 FOR CITY COUNCIeACTION �_ h
Date October 1, 1990
Submitted to: Honorable Mayor and City Council A�PBovEn BY CITY COUNCIF
Submitted by: Michael T. Uberuaga, City Administrator I�
Prepared by: �uis F. Sandoval, Director of Public Works 46
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Subject: ENVIRONMENTAL PROTECTION AGENCY-NATIONAL POLLUTANT
DISCHARGE ELUvIINATION SYSTEM(NPDES)
Consistent with Council Policy? [A.yes [ ] New Policy or Exception
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments:
STATEMENT OF ISSUE:
As part of the U.S. Clean Water Act, the EPA has initiated a program to clean up our
storm waters. The program is called the National Pollutant Discharge Elmination System
(NPDES). To bring about a more organized and efficient approach to this program, the
County of Orange (EMA and Flood Control) and all of the cities in the county have
developed a unified program. The county has the expertise to do much of the needed
Investigation and storm water testing throughout the entire county (they have already a
limited program in place) and is willing to be the lead agency. A committee comprised of
the county and all of the cities has developed an implementation agreement to be
executed by all of the agencies.
RECOMMENDATION:
Authorize the Mayor, the City Adminstrator, the Director of Public Works and the City
Cleric to execute the National Pollutant Discharge Elmination System Storm Water Permit
Implementation Agreement.
ANALYSIS:
At the meeting of May 7, 1990, the City Council authorized the City to be a co-permitee
on the application for the permit. The permit was subsequently submitted to the Santa
Ana-Regional Water Quality Control Board and approved by that body.
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We have received the final draft of the implementation agreement from the county. It is
imperative that the agreement be executed at this time in order to begin implementation
of our program prior to receipt of the final EPA rules and guidelines scheduled to come
out in late October.
The county-wide committee, not knowing the exact cost for the first year of
Implementation has prepared a first year program budget of$1,000,000. As identified in
the attached agreement, the Huntington Beach share of the program is 5.80%0 or
$58,090.78 for that first year. The $58,090.78 is included in the current budget of
$105,000.
FUNDINQSOURCE:
Included in the 1990/91 budget (Flood Fund) is'$105,000 for an NPDES inspector position
and the first year program costs.
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Request for Council Action
Environmental Protection Agency (NPDES)
October 1, 1990
Page 2
ALTER-NATIVE-ACTION:
Withdraw the City of Huntington Beach from the permit and file a separate permit with
the Santa Ana Water Quality Control Board.
ATTACHMENTS:
1. Request for Council Action dated May 7, 1990
2. NPDES Storm Water Permit Application Implementation Agreement
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