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1997-1202_ORANGE, COUNTY OF_Agreement SOUTH ORANGE COUNTY PERMIT CONSOLIDATION ZONE PARTICIPATING AGENCIES AGREEMENT This Agreement is entered into this 30th day of October, 1998, by and between the County of Orange, a political subdivision of the State of California, the County of Orange Planning and Development Services Department, and the Cities of Dana Point, Irvine, Laguna Niguel, Laguna Beach, Laguna Hills, Lake Forest, Mission Viejo, San Clemente, San Juan Capistrano (hereinafter the "Permit Consolidation Zone Applicant" or "Zone Applicant"); and the California Environmental Protection Agency, California Integrated Waste Management Board, State Water Resources Control Board, Regional Water Quality Control Board Region 8, Regional Water Quality Control Board Region 9, Department of Fish and Game Region 5, Department of Toxic Substances Control, Air Resources Board, South Coast Air Quality Management District, County of Orange Health Care Agency Environmental Health Division, Orange County Fire Authority, Aliso Water Management Agency, South East Regional Reclamation Authority, and the Irvine Ranch Water District (hereinafter"Permitting Authorities"). All parties collectively are hereinafter referred to as "the Parties". The Parties hereto agree as follows: 1 WITNESETH: WHEREAS, the California Environmental Protection Agency ('CaUEPA'� is administered by the Secretary for Environmental Protection ('Secretary's, wherein specified state agencies are established within CaUEPA as having Permitting Authority for Environmental Permits; WHEREAS, the Secretary has adopted regulations pursuant to California Public Resources Code section 71035 et sea. (hereinafter "the Statute' establishing the Permit Consolidation Zone Pilot Program (the "Pilot Program'; such regulations are codified at Title 27, Division 1, Chapter 4, Sections 10400 through 10419 of the California Code of Regulations (hereinafter "27 CCR section 10400 et sea." or "the Regulations"); WHEREAS, the Regulations establish the implementation framework for a Pilot Program intended to offer a step toward reforming California's environmental permitting system to make it more responsive, efficient, and timely, while preserving California's commitment to a safe and healthful environment; WHEREAS, this Pilot Program will allow the creation of up to twenty Permit Consolidation Zones among California's cities and counties. Within these zones, the current system of individually issued Environmental Permits will be augmented with a voluntary option allowing facilities to substitute a Facility 2 Compliance Plan in lieu of existing Environmental Permits for new or expanding facilities. The use of Facility Compliance Plans is anticipated to expedite environmental permitting in the designated Permit Consolidation Zones, and the Pilot Program will provide an opportunity to test the Facility Compliance Plan concept as a possible new model for environmental regulation; WHEREAS, the Facility Compliance Plan represents a new regulatory approach and the Parties to this Agreement understand that the approach is a new permit concept separate and distinct from existing Environmental Permits. Chapter 5 of Division 34 of the Public Resources Code commencing with section 71035 establishes separate and distinct time frames for the processing of Facility Compliance Plans. The Facility Compliance Plan must contain all the information required by Permitting Authorities for individual permits and, in addition, represents an opportunity for the compilation of a comprehensive, multimedia statement of environmental operations and management at a facility; WHEREAS, within a Permit Consolidation Zone, as set forth in Public Resources Code section 71035 e"se Environmental Permits of multiple Permitting Authorities are condensed into a single Facility Compliance Plan for each new or expanded facility that the Permitting Authorities approve through a centrally-coordinated and expedited review process; 3 WHEREAS, the Zone Applicant desires to be designated a Permit Consolidation Zone, and the Permitting Authorities in the geographical area comprising the Permit Consolidation Zone, desire to participate in the Permit Consolidation Zone; WHEREAS, the Review Panel, composed of the Secretary for Environmental Protection and the Secretary for Trade and Commerce, is empowered to review applications for and designate Permit Consolidation Zones; WHEREAS, this Agreement is a necessary element of the Permit Consolidation Zone application, and must be executed prior to approval of a Zone Application; WHEREAS, the Parties to this Agreement are committed to working together in good faith to ensure the optimal success of this Pilot Program for the betterment of the Zone Applicant and the State of California. NOW THEREFORE, IT IS UNDERSTOOD AND AGREED by the Zone Applicant and the Permitting Authorities that: 1. Definiti_ ons: Unless provided for otherwise, all terms and phrases used in this Agreement such as, without limitation, "Environmental Permit", "Facility Compliance Plan", "Permit Consolidation Zone", "Zone Applicant", "Zone Administrator", "Review Panel", "Plan Applicant" and "Permitting 4 Authority" shall have the meaning ascribed to them in Public Resources Code section 71035 et sea. and 27 CCR section 10400 et sea. In the event that any term appears in both the Statute and the Regulations, the meaning ascribed to that term in the Statute shall control. 2. Term: The term of this Agreement commences upon designation of the Zone as a Permit Consolidation Zone by the Secretary of Cal/EPA and the Secretary for Trade and Commerce, and ends upon satisfaction of the requirements set forth in Public Resources Code section 71035.4(a)(1) and 27 CCR section 10407(b) or on January 1, 2002, pursuant to Public Resources Code section 71035.11, unless a later enacted statute extends such date. 3. Name: The designated Permit Consolidation Zone for this Agreement shall hereafter be referred to by the Parties as the "South Orange County Permit Consolidation Zone" (hereinafter "SOCPCZ"). 4. Geo eraohic Area• The geographic area of the SOCPCZ shall be as shown on Exhibit "A", attached hereto and incorporated herein by this reference. 5. Intent to be Bound: It is the express intention of the Parties to this Agreement to be bound by its terms and conditions. 6. Substituted Permits: Unless otherwise specified, Environmental Permits which are substituted by Facility Compliance Plans within the SOCPCZ 5 are listed in Exhibit `B" attached hereto and incorporated herein by this reference. Environmental Permits in Exhibit `B" which are followed by an asterisk may be substituted by a Facility Compliance Plan on a case by case basis, conditioned on the approval of the Permitting Authority or other agency with jurisdiction over the individual permit. Once designation as a PCZ has been achieved, the Parties acknowledge that amendment of the zone designation is governed by 27 CCR section 10407, and that the Parties will endeavor in good faith to amend this Agreement to expand, as practicable, the number, scope, and type of Environmental Permits to be substituted by Facility Compliance Plans. 7. General Obligations: The Parties further agree that, except as expressly provided in this Agreement, their obligations under this Agreement with respect to an application for designation as a Permit Consolidation Zone as well as their respective responsibilities regarding processing and reviewing Facility Compliance Plan applications shall be governed by the Statute and Regulations, except as modified by this Agreement pursuant to Public Resources Code section 71035.6(e)(4) and 27 CCR section 104106). 8. Public Participation: Pursuant to Public Resources Code section 71035.5(c) and 27 CCR 10404(a)(11), the Zone Applicant shall require a Plan Applicant to comply with the following requirements subsequent to the sixty (60) 6 day notice of intent period provided by 27 CCR 10410(a) and prior to submitting the proposed plan pursuant to 27 CCR 10410(f). The Plan Applicant shall submit a draft proposed Plan concurrently to the Zone Administrator, and to each Permitting Authority participating in the SOCPCZ from whom a determination of completeness and adequacy is required. The Zone Administrator shall solicit public comment on the draft proposed Plan and distribute all comments received to each Permitting Authority. The draft proposed Plan shall be available for public comment and Permitting Authority comment for a period not less than the longest period required by any individual Environmental Permit process that would otherwise be applicable. In response to public comments, the Plan Applicant shall modify the draft proposed Plan or otherwise respond to such comments prior to submitting the proposed Plan to the Permitting Authorities for approval pursuant to 27 CCR 10410(a)(4)(B) and 27 CCR 10410(c). If a Permitting Authority provides the Plan Applicant a thorough description of the information that must be added to the draft proposed Plan to allow a determination of completeness and adequacy to be made, the Plan Applicant shall amend the draft proposed Plan to incorporate such information as required by the Permitting Authority prior to making any submittal pursuant to 27 CCR 10410(a)(4)(B) and 27 CCR 10410(c). If a Permitting Authority determines that additional public participation is required 7 under the individual permit process that would otherwise be applicable, then the Zone Administrator shall solicit such additional public comment on the amended proposed plan and the Plan Applicant shall further amend the proposed Plan or otherwise respond to such comments prior to resubmitting the amended proposed Plan to the Permitting Authority for approval pursuant to 27 CCR 10410(f). 9. Appeals by Facility Compliance Plan ("Plan"1 Applicants In the event a Plan Applicant seeks to appeal a determination of Plan incompleteness and/or inadequacy, the Permitting Authority(ies) with jurisdiction over said determination agree(s) to provide the Plan Applicant the appeal processes identified in Exhibit "C", attached hereto and incorporated by this reference. The appeal process for the California Integrated Waste Management Board (CIWMB) for a finding of inadequacy may take longer than sixty (60) days as provided in Public Resources Code sections 44300 et. seq. The CIWMB's participation in the Facility Compliance Plan process is conditioned upon agreement among the parties, prior to its decision to participate, that the CIWMB statutory time frames for the appeal process found in Public Resources Code sections 44300 et sea. are controlling. 10. Counterparts: This Agreement may be executed and delivered in any number of counterparts, each of which when executed and delivered shall be 8 deemed to be an original, but such counterparts shall together constitute one and the same document. 11. Full and Com Tete Agreement: This Agreement contains all of the covenants and agreements between and among the Parries with respect to the subject matter of this Agreement. No agreement, statement or promise not contained in this Agreement shall be valid or binding. To the extent changes have been made to this Agreement since approval by a Party's governing body, such changes will not be effective as to that Party unless they are duly ratified by that Party's governing body, or designee. 12. Sienatories: Each undersigned representative of a Party to this Agreement certifies that he or she is fully authorized to enter into the terms and conditions of this Agreement, and to legally bind such Party to this Agreement. 13. Effective Date: Following execution by the Zone Administrator and at least one Permitting Authority, this Agreement is effective for the signatories upon the date the Zone is designated as a Permit Consolidation Zone. In no event shall this agreement become effective for a party prior to that party's execution of this agreement. IN WITNESS THEREOF, the Parties have executed this-Agreement, which shall be effective as set forth above. 9 California Environmental California Regional Water Quality Protection Agency Control Board Region 8 Peter M. Rooney Gr*d J. Thibeault Secretary Executive Officer Air Resources Board California Regional Water Quality Control Board Region 9 Michael P. Kenny / John H. Robertus Executive Officer Executive Officer California Integrated Waste Department of Management Board Toxic Substances Control Ralph E. Chandler Ted Rauh Executive Director Deputy Director State Water Resources Department of Fish and Game Control Board Walt Pettit Jacqueline E. Schafer Executive Director Director 10 Aliso Water Management Agency and South Coast Air Quality South East Regional Reclamation Management District Authority David Caretto William urke, Ed.D. General Manager Chairman Irvine Ranch Water District City of Dana Point ft, Ronald E. Young William L. Ossenmacher General Manager J Mayor County of Orange City of Irvine A�z J, J5TVs W. Silva, Chairman istina Shea Board of Supervisors Mayor Orange County Fire Authority City of Laguna Niguel Chip Prather Linda Lindholm Fire Chief Mayor 11 City of Laguna Beach City of San Clemente d% eve M. Dicterow James S. Dahl ` O Mayor Mayor City of Laguna Hill City of San Juan Capistrano R. Craig co `Gil Jones Mayor Mayor City of L e Forest South Orange County Permit Consolidation Zone Peter Herz Danian .VI. Hopp Maycrr Zone Administrator City of Mission Viejo .,JeL 4540& Susan Withrow Mayor 12 � - _ " 1 :J • � • � - 1111 • :!I '1 � � ' - 11 11 � � � • � • � .err•-� .,�. � i� . VIP- i ii 'ill1MLUIRIPW���'C M; i { *Ue � 74 r ��� v Exhibit `B" Environmental permits that may be substituted by a Facility Compliance Plan as described in Section 6 of the Agreement are listed below. State of California Department of Toric Substances Control Standardized Permit All Modifications Non-RCRA Hazardous Facility Permit* Modification 1 Modification 2* Modification 3* RCRA Hazardous Waste Facility Permit* Modification 1 Modification 2* Modification 3* Integrated Waste Management Board Registration Permit State Water Resources Control Board General Permits Specific Permits* Regional Water Quality Control Boards, Regions 8 and 9 National Pollutant Discharge Elimination System (NPDES) Individual Permits* General Permits(Regional) General Permits(Statewide Storm Water) Waste Discharge Permit (WDR) Non-Chapter 15* Chapter 15* Clean Water Act Section 401 Certifications* Department of Fish and Game Streambed Alteration(1600) Agreements* .f . Exhibit `B" (Continued) South Coast Air Quali Management District(SCAQMD) Non-Title V Equipment permits* Reclaim Permits* ** Title V Facility permits* ss County of Orange, Health Care Agency, Environmental Health Division Underground Storage Tank Permits* Hazardous Waste Management* Tiered Permits* Water Well Construction and Operation Permits* Food Permits* Medical Waste Facility Permits* County of Orange,Health Care Agency,Environmental Health Division as Integrated Waste Management Board Local Enforcement Agency (LEA) Registration-Per mit* Orange County Fire Authority Uniform Fire Code Permits* Hazardous Materials Disclosure* Irvine Ranch Water District W_ astewater Discharge(WD)Permits Class I: Wastewater Discharge Permit* Class II: Wastewater Discharge Permit* Special Purpose Permits* Aliso Water Management Agency and South East Regional Reclamation Authority Non-Industrial Wastewater Discharge(MWD)Form Wastewater Discharge(WD)Permits Class I: Categorical or significant process wastewater discharges* Class II: Toxic pollutants or non-compatible wastewater discharges* Class III: Non-domestic compatible or conventional wastewater discharges* Class IV: Treated groundwater wastewater discharges* County of Orange and the Cities of Dana Point, Irvine, Laguna Niguel, Laguna Beach, Laguna Hills, Lake Forest,Mission Viejo,San Clemente, San Juan Capistrano NPDES Water Quality Management Plan (Site Specific)* * To be evaluated for inclusion in Facility Compliance Plans on a case by case basis. ** Up to 120 days advance filing with SCAQMD may be required for permits needing CEQA analysis, public notice, or complex review. Exhibit "C" ` < `- Plan Applicants seeking to appeal a determination of Plan incompleteness and/or inadequacy shall have available the appeal processes below. Department of Toxic Substances Control • Title 22, California Code of Regulations section 66271.18 California Integrated Waste Management Board Statutory Appeals process-Public Resources Code sections 44300, 44308-44310, 45030- 45033, and 45040-45042 • The ability to appeal a decision of incompleteness on Registration and Standardized Permits is located in sections 18104.4 and 18105.4 of Title 14, CCR • The ability to appeal a decision of incompleteness on Full Solid Waste Facility permits is located in section 21615 of Title 27, CCR • The ability to appeal a decision of inadequacy on Standardized permits is located in section 18105.6 of Title 14, CCR • The ability to appeal a decision of inadequacy on Full Solid Waste Facility permits is located in section 44300,Public Resources Code • The ability to appeal a decision of the local hearing panel is located in section 45030, Public Resources Code and section 18354 of Title 14, CCR State Water Resources Control Board and Regional Water Quality Control Boards • Division 7, Chapter 5, Article 2 of the Water Code, commencing with section 13320 • Division 3, Chapter 6, commencing with section 2050 of Title 23 of the California Code ofRegulations • State Board Resolution 97-027, section 6 (authorizing State Board Executive Director to make final written determinations on appeals under Public Resources Code section 71035.6(e)(3)). Department of Fish and Game • Fish and Game Code section 1601 South Coast Air Quality Management District • Air Quality Management District Regulation V—Procedure Before The Hearing Board • Health and Safety Code,Division 26, Chapters 4 and 8 • AQ114D Regulation XII—Appeal of application deemed incomplete County of Orange, Health Care Agency Environmental Health Division as Integrated Waste Management Board Local Enforcement Agency(LEA) • Public Resources Code sections 44300, 44305-6, 44004, 44307 Exhibit"C" (Continued) Orange County Fire Authority • Municipal Code Appeal provisions of Jurisdiction in which Facility is Located • Civil Procedure Code section 1094.5 • Health and Safety Code section 25514 Irvine Ranch Water District (IRWD) • IRWD Rules and Regulations Sections 7.6.2.8-9 Aliso Water Management Agency(AWMA)and South East Regional Reclamation Authority SERRA) • Ordinance 1996-1, Section 912, Article 9 (of codes for both AWMA and SERRA) F C A L I I' 0 R N I RECEIVED I PERMIT ASSISTANCE CENTER ":r1 r, t : it „.e , �7 ' �� ^v Business ll v taRzn[ion Cntrer May 30, 2001 201 North Figueroa Street Suite 285 Los Angeles,CA 90002 Q13)977-7900 Ms. Dawn Schanderl Co CostaRegimml City of San Juan Capistrano 651 Pine Street,Nonh Wing, 2nd Floor City Clerks Office Nlaninez,CA 94553 32400 Paseo Adelanto (925)229-5950 Fr Area San Juan Capistrano, CA 92675 Perini[Assi5fW1Ce Cmter 2600 Fresno Street, Third Floor Dear Ms. Schanderl: Fresno,CA 93721 (559)498-1343 If—cmmry In response to your City's request, I am pleased to provide the enclosed copy of 2700 M Street,Roam 125 the signed South Orange County Permit Consolidation Zone Participating Bakersfield,CA 93301 (661)862-5175 Agencies Agreement. (:renrer oaklmrd 250 Frank H.Ogawa Plaza, Some State of California agencies officials did not attend the agreement signing 2nd Floor Oakland,CA 94612 ceremony but instead signed by counterpart and the counterpart pages were filed (510)286-6993 at California Environmental Protection Agency Headquarters in Sacramento and North Ray are not included. 2550 Ventura Avenue Santa Rosa,CA 95403 (707)565-2481 Cal/EPA's Agency Secretary did sign at the ceremony and this signature Inkmd421 N Finrth Eue—°yerru, effectively binds the Cal/EPA Boards, Departments and Offices. Therefore, the 421 North Euclid Avenue Suite D copy of the fully executed agreement your city requested is enclosed. Ontario,CA 91764 (909)391-0723 or,mrgecoo„y Please call me at (714) 834-2921 with any questions. 300 N.Flower St,First Floor Santa Ana,CA 92703 (714)834-2840 i11CC(C1y, Sm Diego Regional 1222 First Avenue, fourth Floor San Diego,CA 92101 '�� (619)236-5938 &mFnnmtdo valley Danlan M. Hopp 4717 Van Nuys Blvd., Director, Orange County Permit Assistance Centers Suite loz Sherman Oaks,CA 91403 g y Zone Administrator, South Orange Count Permit Consolidation Zone (818)756-7572 California Environmental Protection Agency. Smtm Clam 10 West Hedding,East Wing, Sixth Floor San Jose,CA 95110 Enclosure (408)277-1477 la RE: South Orange County Per:Consolidation Zone Agreement Page 1 of 2 Patricia Salazar From: Hopp, Danian [DHopp@pac.CALEPA.ca.gov] Sent: Wednesday, May 30, 2001 4:06 PM To: 'Patricia Salazar' Subject: RE: South Orange County Permit Consolidation Zone Agreement Will do. BTW, we found it and I am sending it to Dawn Schanderl. Danian :) -----Original Message----- From: Patricia Salazar [mailto:PSalazar@San]uanCapistrano.org] Sent: Wednesday, May 30, 20014:00 PM To: Hopp, Danian CC: Dawn Schanderl; Marylin Wood Subject: RE: South Orange County Permit Consolidation Zone Agreement Danian- Thank you for the update. In the future, you may direct all correspondence regarding this agreement to Dawn Schanderl via email at dschanderi0sanivancaoistrano.ora Again, thank you for the follow-up. Patricia -----Original Message----- From: Hopp, Danian [mailto:DHopp@pac.CALEPA.ca.gov] Sent: Wednesday, May 30, 20013:47 PM To: 'Patricia Salazar Subject: RE: South Orange County Permit Consolidation Zone Agreement Hi Patricia- I am still trying to locate the signed agreement,but having trouble finding it here in the Orange County office. I asked headquarters to try to find it in Sacramento because I think it is probably on file there. I'll let you know. Danian Hopp :) -----Original Message----- From:Patricia Salazar[mailto PSalazar(r)SanluanCanistrano.or Sent:Friday,May 25,20012:19 PM To:Hopp,Danian Subject: South Orange County Permit Consolidation Zone Agreement Danian- I'm sorry to both you for the second time,but can please forward copy of the South Orange County Permit Consolidation Zone Agreement to: City of San Juan Capistrano City Clerk's Office Attn:Patricia Salazar 32400 Paseo Adelanto San Juan Capistrano,CA 92675 5/30/2001 RE: South Orange County Permit Consolidation Zone Agreement Page 1 of 1 Patricia Salazar From: Hopp, Danian [DHopp@pac.CALEPA.ca.gov] Sent: Thursday,April 26, 2001 4:20 PM To: 'Patricia Salazar' Subject: RE:South Orange County Permit Consolidation Zone Agreement My Pleasure Danian:) -----Original Message----- From: Patricia Salazar[mailto:PSalazar(a�SanJuanCapistrano.orQ] Sent:Thursday,April 26, 20014:01 PM To:Hopp,Danian Subject: South Orange County Permit Consolidation Zone Agreement Please forward a copy of the agreement to: City of San Juan Capistrano City Clerk's Office Attn: Patricia Salazar , 32400 Paseo Adelanto -- San Juan Capistrano,CA 92675 Thank you for your assistance. 4/26/2001 • Joao • 32400 PASEO ADELANTO ® r © MEMBERS OFTHE CITVCOUNCIL SAN JUAN CAPISTRANO,CA 92675 SWI OLLENE CAMPBELL JOHNR HART (949)493-1171 �j � pnunouue WVATT HART (949)493-1053(FAX) nuunuL 1961 GILJONES 1776 DAVID M.SWERDLIN CITV MANAGER GEORGE SCARBOROUGH August 19, 1998 Mr. Danian Hopp, Director Orange County Permit Assistance Center 23161 Lake Center Drive, Suite 100 Lake Forest, California 92630 Re: South Orange Orange Coun�Permit Consolidation Zone ApreementConsolidation Zone Agreement Dear Mr. Hopp: At their meeting of August 18, 1998, the City Council of the City of San Juan Capistrano approved the draft South Orange County Permit Consolidation Zone Participating Agencies Agreement. The Mayor was authorized to sign the agreement on behalf of the City and to vote at a meeting of the South Orange County Association of Mayors to appoint the South Orange County cities representative to the Permit Consolidation Zone Policy Board. Once the Agreement is signed by all participating agencies, a copy should be forwarded to the City Clerk's office for the City's records. Thank you for your cooperation. Please feel free to contact C. J. Amstrup at 443-6327 if you have any questions. Very truly yours, 02zt e,�� Cheryl Johnson, CMC City Clerk cc: Planning Director C. J. Amstrup .L.•�, ; . �. ..' i'e.V6 DRUSE 1 IS San Juan Capistrano: Preserving the Past to Enhance the Future 0 A&WAft 0 A l LUQ 1KE - - MEMBERS OF THE CITU COUNCIL M JOHN Imlopvovuio WYATT HART R 19A111iX11 1961 GIL JONES 1776 DAVID M.SWERDLIN CITY MANAGER GEORGE SCARBOROUGH December 5, 1997 Mayor Helen Wilson City of Lake Forest 23161 Lake Center Drive, Suite 100 Lake Forest, California 92630 Re: South Oranae County Permit Consolidation Zone Dear Mayor Wilson: At their meeting of December 2, 1997, the City Council of the City of San Juan Capistrano conducted a public hearing relative to the City's participation in a South Orange County Permit Consolidation Zone. Following that hearing, the City Council adopted Resolution No. 97-12-2-7, which approved the submission of a proposal to the State of California to designate South Orange County as a Permit Consolidation Zone. Pursuant to the Resolution, attached is a certified copy of Resolution No. 97-12-2-7 and a copy of the public hearing notice proof of publication. The City appreciates your willingness to submit the proposal to the appropriate agencies on behalf of San Juan Capistrano. If you need additional information, please feel free to contact Tom Tomlinson, Planning Director, at 443-6323. Very truly yours, ( �I� Votu-11-p vn AChel Joh son, MC v" City Clerk W cf- Enclosure cc: Planning Director 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 6. ADOPTION OF RESOLUTION AMENDING THE CITY'S CLASSIFICATION D COMPENSATION PLAN TO CREATE THE POSITION OF SENIOR BUI G AND GRADING INSPECTOR 700.20 As set forth in Report dated August 18, 1998, from the City Manager, the following Resolution was adopte ending the City's Classification and Compensation Plan,to create the position of Senior Buil and Grading Inspector: RESOLUTIONNO.98-8-18-1 ENDING RESOLUTION NO.94-12-6- 5_THE CITY'S PERSONNEL CLAS CATION AND COMPENSATION AN - SENIOR BUILDING AND bRADING INSPECTOR - A SOLUTION OF THE CITY COUNCIL OF CITY OF SAN JUAN PISTRANO, CALIFORNIA, AMENDING SOLUTION NO. Tr 12-6-5, THE CITY'S PERSONNEL CLASSIF TION AND iMPENSATION PLAN TO ADD THE POSITION SENIOR IILDING AND GRADING INSPECTOR . AL OF AGREEMENT PERTAINING TO SOUTH ORANGE COUNTY PERMIT CONSOLIDATION ZONE 600.30) As set forth in the Report dated August 18, 1998, from the Planning Director, the draft Agreement providing for the City's participation in the South Orange County Permit Consolidation Zone was approved. The Mayor was authorized to execute the Agreement on behalf of the City and, was authorized to vote on behalf of the City at a meeting of the South Orange County Association of Mayors to choose the South Orange County cities' representative to the Zone's five-member policy board. 8. RECEIVE AND FILE WARRANTS OF JULY 30. 1998 (300.30) The 'st of Demands for accounts payable dated July 30, 1998, in the total amount of $868,31 . 6 and payroll checks dated August 6, 1998, in the total amount of$181,387.57, were ordere eived and filed. 9. RECEIVE AND FIL VESTMENTS AS OF JULY 31 1998 350.30 The City Treasurer's Report o vestments as of July 31, 1998, in the total amount of $23,047,832.48, was ordered receiv and filed. 10. APPROVAL OF RENEWAL OF LEASE REEMENT ORANGE COUNTY HEAD START. INC.) (600.20) As set forth in the Report dated August 18, 1998, fro he Director of Administrative Services,the two-year Lease Agreement with Orange County ad Start,Inc.for use of City property at 32502 Paseo Adelanto for a Head Start Pre-School Pro am,at anannual rent of $1.00 per year,was approved. The Mayor was authorized to execute th reement on behalf of the City. City Council Minutes 4- 8/18/98 AGENDA ITEM August 18, 1998 TO: George Scarborough, City Manager FROM: Thomas Tomlinson,Planning Director SUBJECT: Consideration ofAgreement Pertaining to South Orange County Permit Consolidation Zone RECOMMENDATION By motion adopt the attached draft agreement entering into the South Orange County Permit Consolidation Zone Agreement, authorize the Mayor to execute the agreement on behalf of the City and authorize the Mayor to vote at a meeting of the South Orange County Association of Mayors to choose the South Orange County cities' representative to the zone's policy board. SITUATION A. Applicant Orange County Permit Assistance Center Danian Hopp, Director 23161 Lake Center Drive, Suite 100 Lake Forest, CA 92630 Background In 1996, the State of California enacted a Permit Consolidation Zone Pilot Program to test a new model for simplifying environmental protection and permitting of business facilities required by State and other outside agencies. In a designated zone, environmental permits would be condensed into a single facility compliance plan to be reviewed within forty-five (45) days through an expedited process coordinated by Zone staff with applicable State and other responsible(permitting) agencies. The premise is that the Zone's more advanced screening for environmental requirements and centrally coordinated approval process would enhance environmental protection and alleviate businesses of the coordination responsibility with individual State and regional agencies to receive necessary permits to conduct a business. Such a central clearinghouse would enhance the region's competitiveness by reducing duplication time and expense in securing such permits. The primary beneficiary would be businesses and developments that need to secure special permits that are in addition to regulatory permits that are required by the City. On December 29, 1997, an application was submitted to the State proposing to create a South Orange County Permit Consolidation zone under a State pilot program enacted in 1996. The City Council adopted Resolution 97-12-2-7 on December 2, 1997, `approving the proposal (Attachment v3C jYC0U.XILA i(rm . �� Agenda Item -2- August 18, 1998 2). The County of Orange, all eight (8) other South Orange County cities, and all six (6) regional environmental agencies also supported the proposal. The permit consolidation zone pilot program was created pursuant to Public Resources Code 71035 et sea,and the Secretary of the California Environmental Protection Agency(Cal/EPA)promulgated regulations for the pilot program,codified as Title 27,Division 1,Chapter 4, Sections 10400 through 10419 of the California Code of Regulations(27 CCR 10400 gt se . The permit consolidation zone pilot program will test providing businesses with the option of substituting a single facility compliance plan for separate permits from agencies responsible for air, water, toxics, sewers and biological resources. Progress Report The State evaluated the South Orange County Permit Consolidation Zone proposal and has indicated a willingness to designate the zone upon execution of the attached Permit Consolidation Zone Agreement by the proposed participating agencies. The proposed Permit Consolidation Zone Agreement is being concurrently considered by all of the proposed participating agencies. The Cal/EPA Boards and Departments are prepared to sign the agreement in substantially the content and form presented. The State has indicted that it would be appropriate to now appoint the proposed zone's five(5)member policy board,consistent with the proposal,so the Mayor should be authorized to vote on behalf of the City at a meeting of the South Orange County Association of Mayors to appoint the cities' representative to the zone's policy board. Analysis The goal of the permit consolidation zone is to streamline and shorten the business project permit process through central coordination and"cross media"plan review. In approving the agreement, the State and participating agencies commit staff time needed to permit projects,an existing function, but would now begin coordinating efforts through the zones's facility compliance plan process. The State has established no set quota for numbers of plans to be completed through the pilot program and business project proponents retain the option to seek individual environmental permits through existing processes. The pilot program would enable the testing and evaluation of a new process and set the stage for broader implementation if merited. The terms of the agreement provide for the pilot program to continue through January 1, 2002 and 27 CCR 10417(b)provides a governing board the option to terminate a designated permit consolidation zone within 180 days of submittal of a notice of intent to the State. With the Zone, the City retains all of its existing land use and permitting authority and gains additional access to permitting professionals of the State and regional environmental agencies. The City has long supported State and regional efforts to encourage business investment and retention through streamlined permit processes. The permit consolidation zone could improve inter- agency coordination at all levels of government and enhance environmental protection. The Zone would also bolster the economic competitiveness of the region particularly considering that the Zone would be one of the first in the State upon designation. Therefore, City staff believes the South Orange County Permit Consolidation Zone Agreement is worthy of the City Council's support. Agenda Item -3- August 18, 1998 FINANCIAL CONSIDERATIONS None. PUBLIC NOTIFICATION This item does not require a public hearing or meeting before the City Council COMMISSION/BOARD REVIEW. RECOMMENDATIONS None. ALTERNATE ACTIONS 1. Approve the South Orange County Permit Consolidation Zone Agreement, authorize the Mayor to execute the agreement on behalf of the City, and authorize the Mayor to vote at a meeting of the South Orange County Association of Mayors to choose the South Orange County cities' representative to the zone's policy board; or 2. Deny deny the South Orange County Permit Consolidation Zone Agreement; or 3. Continue this item and direct staff to return with additional information of specific items. RECOMMENDATION By motion adopt the attached draft agreement entering into the South Orange County Permit Consolidation Zone Agreement,authorize the Mayor to execute the agreement on behalf of the City and authorize the Mayor to vote at a meeting of the South Orange County Association of Mayors to choose the South Orange County cities' representative to the zone's policy board. Respectfully submitted, hPrrepedThomas Tomlinson Planning Director ner C:AOFFICE\WPWIMWPDOCSW0818.CIT Attachments I. Draft Agreement 2. City Council Resolution 97-12-2-7 Draft:- 07/08/98 300 PM SOUTH ORANGE COUNTY PERMIT CONSOLIDATION ZONE PARTICIPATING AGENCIES AGREEMENT This Agreement is entered into this 20th day of August, 1998, by and between the County of Orange, a political subdivision of the State of California, the County of Orange Planning and Development Services Department, and the Cities of Dana Point, Irvine, Laguna Niguel, Laguna Beach, Laguna Hills, Lake Forest, Mission Viejo, San Clemente, San Juan Capistrano (hereinafter the "Permit Consolidation Zone Applicant" or "Zone Applicant'); and the California Environmental Protection Agency, California Integrated Waste Management Board, State Water Resources Control Board, Regional Water Quality Control Board Region 8, Regional Water Quality Control Board Region 9, Department of Fish and Game Region 5, Department of Toxic Substances Control, Air Resources Board, South Coast Air Quality Management District, County of Orange Health Care Agency Environmental Health Division, Orange County Fire Authority, Aliso Water Management Agency, South East Regional Reclamation Authority, and the Irvine Ranch Water District (hereinafter "Permitting Authorities"), and the California Trade and Commerce Agency. All parties collectively are hereinafter referred to as "the Parties". The Parties hereto agree as follows: 1 Attachment 1 Dnfl: 07/08/98 390 PM WITNESETH: WHEREAS, the California Environmental Protection Agency ("Cal/EPA") is administered by the Secretary for Environmental Protection ("Secretary'), wherein specified state agencies are established within Cal/EPA as having Permitting Authority for Environmental Permits; WHEREAS, the Secretary has adopted regulations pursuant to California Public Resources Code section 71035 et sea. (hereinafter "the Statute') establishing the Permit Consolidation Zone Pilot Program (the "Pilot Program'); such regulations are codified at Title 27, Division 1, Chapter 4, Sections 10400 through 10419 of the California Code of Regulations (hereinafter "27 CCR section 10400 et sea." or "the Regulations"); WHEREAS, the Regulations establish the implementation framework for a Pilot Program intended to offer a step toward reforming California's environmental permitting system to make it more responsive, efficient, and timely, while preserving California's commitment to a safe and healthful environment; WHEREAS, this Pilot Program will allow the creation of up to twenty Permit Consolidation Zones among California's cities and counties. Within these zones, the current system of individually issued Environmental Permits will be augmented with a voluntary option allowing facilities to substitute a Facility 2 DnB: 07/08198 3:00 PM Compliance Plan in lieu of existing Environmental Permits for new or expanding facilities. The use of Facility Compliance Plans is anticipated to expedite environmental permitting in the designated Permit Consolidation Zones, and the Pilot Program will provide an opportunity to test the Facility Compliance Plan concept as a possible new model for environmental regulation; WHEREAS, the Facility Compliance Plan represents a new regulatory approach and the Parties to this Agreement understand that the approach is a new permit concept separate and distinct from existing Environmental Permits. Chapter 5 of Division 34 of the Public Resources Code commencing with section 71035 establishes separate and distinct time frames for the processing of Facility Compliance Plans. The Facility Compliance Plan must contain all the information required by Permitting Authorities for individual permits and, in addition, represents an opportunity for the compilation of a comprehensive, multimedia statement of environmental operations and management at a facility; WHEREAS, within a Permit Consolidation Zone, as set forth in Public Resources Code section 71035 et sea., Environmental Permits of multiple Permitting Authorities are condensed into a single Facility Compliance Plan for each new or expanded facility that the Permitting Authorities approve through a centrally-coordinated and expedited review process; 3 Draft: 07/08/98 3:00 PM WHEREAS, the Zone Applicant desires to be designated a Permit Consolidation Zone, and the Permitting Authorities in the geographical area comprising the Permit Consolidation Zone, desire to participate in the Permit Consolidation Zone; WHEREAS, the Review Panel, composed of the Secretary for Environmental Protection and the Secretary for Trade and Commerce, is empowered to review applications for and designate Permit Consolidation Zones; WHEREAS, this Agreement is a necessary element of the Permit Consolidation Zone application, and must be executed prior to approval of a Zone Application; WHEREAS, the Parties to this Agreement are committed to working together in good faith to ensure the optimal success of this Pilot Program for the betterment of the Zone Applicant and the State of California. NOW THEREFORE, IT IS UNDERSTOOD AND AGREED by the Zone Applicant and the Permitting Authorities that: 1. Definitions: Unless provided for otherwise, all terms and phrases used in this Agreement such as, without limitation, "Environmental Permit", "Facility Compliance Plan", "Permit Consolidation Zone", "Zone Applicant", "Zone Administrator", "Review Panel", "Plan Applicant' and "Permitting 4 DuB: 09/0&'98 390 PM Authority" shall have the meaning ascribed to them in Public Resources Code section 71035 et sea. and 27 CCR section 10400 et sea. In the event that any term appears in both the Statute and the Regulations, the meaning ascribed to that term in the Statute shall control. 2. Term: The term of this Agreement commences upon designation of the Zone as a Permit Consolidation Zone by the Secretary of Cal/EPA and the Secretary for Trade and Commerce, and ends upon satisfaction of the requirements set forth in Public Resources Code section 71035.4(a)(1) and 27 CCR section 10407(b) or on January 1, 2002, pursuant to Public Resources Code section 71035.11, unless a later enacted statute extends such date. 3. Name: The designated Permit Consolidation Zone for this Agreement shall hereafter be referred to by the Parties as the "South Orange County Permit Consolidation Zone" (hereinafter "SOCKS). 4. Geographic Area: The geographic area of the SOCPCZ shall be as shown on Exhibit "A", attached hereto and incorporated herein by this reference. 5. Intent to be Bound: It is the express intention of the Parties to this Agreement to be bound by its terms and conditions. 6. Substituted Permits: Unless otherwise specified, Environmental Permits which are substituted by Facility Compliance Plans within the SOCPCZ 5 D": 07/08/98 3:00 PM are listed in Exhibit `B" attached hereto and incorporated herein by this reference. Environmental Permits in Exhibit `B" which are followed by an asterisk may be substituted by a Facility Compliance Plan on a case by case basis, conditioned on the approval of the Permitting Authority or other agency with jurisdiction over the individual permit. Once designation as a PCZ has been achieved, the Parties acknowledge that amendment of the zone designation is governed by 27 CCR section 10407, and that the Parties will endeavor in good faith to amend this Agreement to expand, as practicable, the number, scope, and type of Environmental Permits to be substituted by Facility Compliance Plans. 7. General Obligations: The Parties further agree that, except as expressly provided in this Agreement, their obligations under this Agreement with respect to an application for designation as a Permit Consolidation Zone as well as their respective responsibilities regarding processing and reviewing Facility Compliance Plan applications shall be governed by the Statute and Regulations, except as modified by this Agreement pursuant to Public Resources Code section 71035.6(e)(4) and 27 CCR section 10410(i). 8. Public Participation: Pursuant to Public Resources Code section 71035.5(c) and 27 CCR 10404(a)(11), the Zone Applicant shall require a Plan Applicant to comply with the following requirements subsequent to the sixty (60) 6 Dn@: 07/0898 3:00 PM day notice of intent period provided by 27 CCR 10410(a) and prior to submitting the proposed plan pursuant to 27 CCR 10410(f). The Plan Applicant shall submit a draft proposed Plan concurrently to the Zone Administrator, and to each Permitting Authority participating in the SOCPCZ from whom a determination of completeness and adequacy is required. The Zone Administrator shall solicit public comment on the draft proposed Plan and distribute all comments received to each Permitting Authority. The draft proposed Plan shall be available for public comment and Permitting Authority comment for a period not less than the longest period required by any individual Environmental Permit process that would otherwise be applicable. In response to public comments, the Plan Applicant shall modify the draft proposed Plan or otherwise respond to such comments prior to submitting the proposed Plan to the Permitting Authorities for approval pursuant to 27 CCR 10410(a)(4)(B) and 27 CCR 10410(c). If a Permitting Authority provides the Plan Applicant a thorough description of the information that must be added to the draft proposed Plan to allow a determination of completeness and adequacy to be made, the Plan Applicant shall amend the draft proposed Plan to incorporate such information as required by the Permitting Authority prior to making any submittal pursuant to 27 CCR 10410(a)(4)(B) and 27 CCR 10410(c). If a Permitting Authority determines that additional public participation is required 7 DIX& 07/08/99 7:00 PM under the individual permit process that would otherwise be applicable, then the Zone Administrator shall solicit such public comment on the amended proposed plan and the Plan Applicant shall further amend the proposed Plan or otherwise respond to such comments prior to resubmitting the amended proposed Plan to the Permitting Authority for approval pursuant to 27 CCR 10410(f). 9. Appeals by Facility Compliance Plan "Plan") Applicants: In the event a Plan Applicant seeks to appeal a determination of Plan incompleteness and/or inadequacy, the Permitting Authority(ies) with jurisdiction over said determination agree(s) to provide the Plan Applicant the appeal processes identified in Exhibit "C", attached hereto and incorporated by this reference. 10. Counterparts: This Agreement may be executed and delivered in any number of counterparts, each of which when executed and delivered shall be deemed to be an original, but such counterparts shall together constitute one and the same document. 11. Full and Complete Ageement: This Agreement contains all of the covenants and agreements between and among the Parties with respect to the subject matter of this Agreement. No agreement, statement or promise not contained in this Agreement shall be valid or binding. 8 Duk 07/0WS 3:00 PM 12. Signatories: Each undersigned representative of a Party to this Agreement certifies that he or she is fully authorized to enter into the terms and conditions of this Agreement, and to legally bind such Party to this Agreement. 13. Effective Date: Following execution by the Parties this Agreement is effective upon the date the Zone is designated as a Permit Consolidation Zone. IN WITNESS THEREOF, the Parties have executed this Agreement, which shall be effective as set forth above. California Environmental Air Resources Board Protection Agency Peter M. Rooney John D. Dunlap III Secretary Chairman California Trade and California Integrated Waste Commerce Agency Management Board Lee A. Grissom Ralph E. Chandler Secretary Executive Officer 9 Dud: 07/0W8 3M PM State Water Resources Department of Fish and Game Control Board Walt Pettit Jacqueline E. Schafer Executive Director Director Regional Water Quality Irvine Ranch Water District Control Board Region 8 Gerard Thibeault Ronald E. Young Executive Officer General Manager Regional Water Quality Aliso Water Management Agency and Control Board Region 9 South East Regional Reclamation Authority John H. Robertus David Caretto Executive Officer General Manager Department of County of Orange Toxic Substances Control Ted Rauh William Steiner Deputy Director Chairman, Board of Supervisors 10 • Draft: 07/08/98 3:00 PM Orange County Fire Authority City of Irvine R. Craig Scott Christina Shea Chairman, Board of Directors Mayor Orange County Fire Authority City of Laguna Niguel Chip Prather Linda Lindholm Fire Chief Mayor South Coast Air Quality City of Laguna Beach Management District Barry R. Wallerstein Steven M. Dicterow Executive Officer Mayor City of Dana Point City of Laguna Hills William L. Ossenmacher R. Craig Scott Mayor Mayor 11 Daft: 07IOng 3:00 PM City of Lake Forest City of San Clemente Peter Herzog James S. Dahl Mayor Mayor City of Mission Viejo City of San Juan Capistrano Susan Withrow Gil Jones Mayor Mayor 12 • to . � . i CU.., . ZJF 55 MINA t�,,m-,. 3 Exhibit `B" Environmental permits that may be substituted by a Facility Compliance Plan as described in Section 6 of the Agreement are listed below. State of California Department of Toxic Substances Control Standardized Permit All Modifications Non-RCRA Hazardous Facility Permit* Modification I Modification 2* Modification 3* RCRA Hazardous Waste Facility Permit* Modification 1 Modification 2* Modification 3 Air Resources Board Authority to construct* Permit to operate* Integrated Waste Management Board Registration Permit Standardized Permit* Full Solid Waste Permit* State Water Resources Control Board General Permits Specific Permits* Regional Water Quality Control Boards, Regions S and 9 National Pollutant Discharge Elimination System (NPDES) Individual Permits* General Permits (Regional) General Permits (Statewide Storm Water) Waste Discharge Permit (WDR) Non-Chapter 15* Chapter 15* Clean Water Act Section 401 Certifications* Department of Fish and Game Streambed Alteration (1600) Agreements* Exhibit `B" (Continued) South Coast Air Quality Management District (SCAQMD) Non-Title V Equipment Permits Reclaim Permits* Title V Facility Permits** County of Orange,Health Care Agency,Environmental Health Division Underground Storage Tank Permits* Hazardous Waste Management* Tiered Permits* Water Well Construction and Operation Permits* Food Permits* Medical Waste Facility Permits* County of Orange,Health Care Agency,Environmental Health Division as Integrated Waste Management Board Local Enforcement Agency (LEA) Solid Waste Transfer Station Permits* Orange County Fire Authority Uniform Fire Code Permits* Hazardous Materials Disclosure* Irvine Ranch Water District Wastewater Discharge (WD)Permits Class I: Wastewater Discharge Permit* Class II: Wastewater Discharge Permit* Special Purpose Permits* Aliso Water Management Agency and South East Regional Reclamation Authority Non-Industrial Wastewater Discharge(NIWD)Form Wastewater Discharge(WD)Permits Class I: Categorical or significant process wastewater discharges* Class II: Toxic pollutants or non-compatible wastewater discharges* Class III: Non-domestic compatible or conventional wastewater discharges* Class IV: Treated groundwater wastewater discharges* County of Orange Planning and Development Services Department and the Cities of Dana Point, Irvine, Laguna Niguel, Laguna Beach, Laguna Hills, Lake Forest, Mission Viejo, San Clemente, San Juan Capistrano NPDES Water Quality Management Plan (Site Specific) * To be evaluated for inclusion in Facility Compliance Plans on a case by case basis. ** Up to 120 days advance filing with SCAQMD may be required for permits needing CEQA analysis, public notice, or complex review. Exhibit"C" Plan Applicants seeking to appeal a determination of Plan incompleteness and/or inadequacy shall have available the appeal processes below. Department of Toxic Substances Control • Title 22, California Code of Regulations section 66271.18 Air Resources Board • Health and Safety Code section 42302.1 California Integrated Waste Management Board • Public Resources Code sections 44305-44310, 45030-45033, and 44040-45042 State Water Resources Control Board and Regional Water Quality Control Boards • Division 7, Chapter 5, Article 2 of the Water Code, commencing with section 13320 • Division 3, Chapter 6, commencing with section 2050 of Title 23 of the California Code of Regulations • State Board Resolution 97-027, section 6(authorizing State Board Executive Director to make final written determinations on appeals under Public Resources Code section 71035.6(e)(3)). Department of Fish and Game • Fish and Game Code section 1601 South Coast Air Quality Management District • Air Quality Management District Regulation V—Procedure Before The Hearing Board • Health and Safety Code,Division 26, Chapters 4 and 8 County of Orange,Health Care Agency, Environmental Health Division as Integrated Waste Management Board Local Enforcement Agency(LEA) • Public Resources Code sections 44300, 44305-6, 44004, 44307 Orange County Fire Authority • Municipal Code Appeal Provisions of Jurisdiction in which Facility is Located • Civil Procedure Code section 1094.5 • Health and Safety Code section 25514 Irvine Ranch Water District(IRWD) • IRWD Rules and Regulations Sections 7.6.2.8-9 Aliso Water Management Agency(AWMA) and South East Regional Reclamation Authority (SERRA) • Ordinance 1996-1, Section 912, Article 9 (of codes for both AWMA and SERRA) RESOLUTION NO. 97-12-2-7 DESIGNATING PERM-IT CONSOLIDATION ZONE A RESOLUTION OF THE CITY COLNCEL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING SUBMISSION OF A PROPOSAL TO THE STATE OF CALIFORNIA TO DESIGNATE SOUTH ORANGE COUNTY AS A PERMIT CONSOLIDATION ZONE WHEREAS, California is a world leader in environmental and regulatory standards. Regulations incrementally and collectively developed by all levels of government over the past twenty-five(25)years have created difficult and confusing compliance processes that often frustrate applicants that must obtain permits to develop and operate from multiple agencies and local jurisdictions; and, WHEREAS, California completes with neighboring jurisdictions for the job- generating employers essential to a healthy economy and maintaining a high quality of life. Therefore, the State and local jurisdictions have a compelling interest in providing a competitive business environment; and, WHEREAS,both environmental protection and competitiveness can be substantially enhanced with improved efficiency and coordination of government agency permit processes; and, WHEREAS, permit consolidation zones work in harmony with provisions of the California Environmental Quality Act and are a new model for possible further improvement of the environmental protection and permit processes under "California's Permit Consolidation Zone Pilot Program", and, WHEREAS, within a permit consolidation zone, as set forth in Public Resources Code Section 10400 et. seq., environmental permits of multiple Participating Agencies are condensed into a single Facility Compliance Plan that the agencies approve through a centrally coordinated and expedited review process, and, WHEREAS, South Orange County has characteristics making the region an optimal area to be designated as a permit consolidation zone: extensive sub-regional development is underway; local agencies promote environmental protection and business-friendly policies; the business community seeks more convenient access to the Environmental Agencies which have minimal physical presence in the area; and, the Mayors and City Managers hold regular meetings to coordinate regional policy efforts; and, WHEREAS, permit consolidation zone designation will provide the South Orange County Participating Agencies with an opportunity to substantially influence development of a new model for environmental protection and to secure a substantial competitive advantage in regional economic development efforts; and, Attachment 2 WHEREAS,the City of San Juan Capistrano desires to join with other South Orange County Cities, and applicable Environmental Agencies with jurisdiction in South Orange County, in seeking to be designated as a permit consolidation zone as part of the pilot program to evaluate the effectiveness of such a new administrative program; and, WHEREAS, other South Orange County agencies are committed to work in good faith to ensure the optimal success of a South Orange County permit consolidation zone for the betterment of South Orange County and the State of Calfiornia. NOW,THEREFORE,BE IT RESOLVED,that the City Council ofthe City of San Juan Capistrano does hereby resolve as follows: 1. The City of San Juan Capistrano authorizes participation in a South Orange County permit consolidation zone consistent with the terms and provisions of the document entitled "A Proposal To Designate and Create a South Orange County Permit Consolidation Zone," dated October 27, 1997, and endorses said proposal. 2. The City of San Juan Capistrano authorizes the proposal to be conveyed by the Mayor of the City of Lake Forest on behalf of the South Orange County Cities and all of the proposed participating agencies to the Secretary for the Calfiornia Environmental Protection Agency and the Secretary of the California Trade and Commerce Agency no later than December 31, 1997. 3. The City Clerk shall convey a certified and signed copy of this resolution, and proof of notice of the public hearing, to the Mayor of the City of Lake Forest within ten(10) days of this resolution being approved and adopted. PASSED, APPROVED, AND ADOPTED this 2nd day of December 11997. 1. JONES, MAYOR ATTEST: CITY CLER -2- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 97-12-2-7 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 2nd day of December 1997, by the following vote: AYES: Council Members Swerdlin, Greiner, Hart, Campbell and Mayor Jones NOES: None ABSTAIN: None ABSENT: None (SEAL) a _ CHERYL JO SO , CITY CLERK -3-