02-0625_ORANGE, COUNTY OF_Amd and Rstmt of NPDESe
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AMENDMENT AND RESTATEMENT OF NATIONAL POLLUTANT DISCHARGE E
STORMWATER PERMIT IMPLEMENTATION AGREEMENT
Agreement D02-0461
SYSTEM
This AGREEMENT, for purposes of identification numbered D02-046, entered into
this d5 day of 2002, 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) restates the agreement provisions
made previously by the COUNTY, DISTRICT and CITIES with respect to compliance with the
National Pollutant Discharge Elimination System (NPDES) municipal stormwater permits
issued for Orange County and amends specified provisions to add three additional
cities, revises participant share calculations and allows participant share
calculations on a countywide and regional basis. The COUNTY, DISTRICT and CITIES may
be referred to collectively as PERMITTEES or individually as a PERMITTEE in this
AGREEMENT.
RECITALS
WHEREAS, Congress in 1967 through the Water Quality Act (herein called WQA)
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
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Agreement D02-048
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 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; and
WHEREAS, the COUNTY, the DISTRICT and the CITIES 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)(collectively, the RWQCBs) for
administration of the NPDES stormwater permit application process within the
boundaries of their Regions; and
WHEREAS, the COUNTY, DISTRICT and CITIES have been designated as PERMITTEES by
the RWQCBs; and
WHEREAS, the COUNTY has been designated as the Principal PERMITTEE on the
permits; and
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Agreement D02 -04E
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 18, 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 majority of the PERMITTEES which represent a
15 majority of the percentage contributions as described in Section IV of the ORIGINAL
AGREEMENT; and
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17 WHEREAS, Section VI of the ORIGINAL AGREEMENT states that any city which becomes
18 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
ORIGINAL AGREEMENT; and,
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21 WHEREAS, pursuant to Sections VI and X of the ORIGINAL AGREEMENT, the PERMITTEES
approved Amendment No. 1 to the ORIGINAL AGREEMENT (herein called AMENDMENT NO. 1) on
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October 26, 1993 to add two newly incorporated cities, provide participant share
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calculations based on thirty-three PERMITTEES and establish a Technical Advisory
24 Committee; and
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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
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Agreement D02-041
cities, revise participant share calculations and allow participant share calculations
on a countywide and regional basis.
NOW THEREFORE: The PERMITTEES hereto do mutually agree to add the cities of
Aliso Viejo, Laguna Woods and Rancho Santa Margarita as PERMITTEES under this
AGREEMENT, to restate those provisions in the ORIGINAL AGREEMENT that remain unchanged
and amend Sections II, III.A., III.B., III.C., IV, VIII, IX, XI and XV in their
entirety as follows:
I. FILING STATUS
The COUNTY, DISTRICT and CITIES will file the applications for stormwater
permits as PERMITTEES. The COUNTY, the DISTRICT and each individual City
will be a PERMITTEE.
II. INCORPORATION OF FEDERAL GUIDELINES
The terms of all applicable Federal and State water quality regulations
and guidelines under the Clean Water Act and Water Quality Act, 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 AGREEEMENT.
III. DELEGATION OF 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:
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 and work plan for
the forthcoming year. Criteria for approval shall be
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affirmative responses from a majority of the PERMITTEES
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which represent a majority of the percentage
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contribution as described in Section IV. The COUNTY and
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the DISTRICT will represent one voting PERMITTEE with
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their percentage contribution equal to the total of the
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COUNTY and the DISTRICT as described in Section IV. The
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review period shall be from January 1 to January 31 of
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each year with approval of the final budget to be
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completed by February 15.
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b. The annual operating budget shall not be exceeded
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without prior consent of the majority of the PERMITTEES
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which represent a majority of the percentage
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contribution.
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2.
Consulting with the city managers and any committees
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established by the city managers when preparing budgets and
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major program elements.
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3.
Preparing compliance reports to the Regional Board and
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providing copies to the PERMITTEES.
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4.
Preparing a model system -wide Best Management Practices (SMP)
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Program report.
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5.
Monitoring the implementation and ensuring the effectiveness
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of system -wide BMPs. This will include field reconnaissance to
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evaluate structural and procedural BMPs. An annual report to
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the RWQCBs will be prepared presenting the results of these
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evaluations.
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6.
The COUNTY as Principal PERMITTEE may retain the services of
professional consultants and may fund, or contribute to
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funding technical and/or economic studies conducted by
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professional organizations such as the American Public Works
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Association
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B. The
DISTRICT shall, to the maximum extent practicable, and on a
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cost -shared basis except as set forth in subparagraph 4 below:
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1.
Perform the water quality and hydrographic monitoring for
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permit compliance.
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2.
Administer the water pollution control program by enforcing
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the Orange County water Quality Ordinance.
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3.
Develop uniform criteria for annual inspection of drainage
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facilities.
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4.
Perform inspections, at no cost to the CITIES or the COUNTY,
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on those facilities owned by the DISTRICT and on municipal
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separate storm sewers in unincorporated County. Contracts for
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such inspections within CITIES may be undertaken at the sole
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expense of the requesting city.
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C. The
CITIES shall, to the maximum extent practicable, and at no cost
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to COUNTY or DISTRICT:
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1.
Implement a facility inspection program in accordance with the
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uniform criteria developed by the DISTRICT, for all municipal
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separate storm sewers as defined by the stormwater permit and
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within the jurisdictional boundaries of that city.
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2.
Submit to the COUNTY stormwater drain maps with periodic
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revisions which reflect the modifications that were made to
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the storm drain system.
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3.
Prepare watershed characterizations, including:
a. Zoning designations, and
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b. Identification of areas where hazardous materials
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presently are or are suspected to have been stored,
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manufactured, or disposed. This shall include sites at
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which a hazardous material spill has occurred.
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4. Review, approve, and implement system -wide BMPs.
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5. Eliminate, or have eliminated, illegal/illicit connections to
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the storm drain system.
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6. Identify the legal authority for control of discharges to the
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storm drain system.
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7. Provide to the COUNTY annual reports (on forms provided by the
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COUNTY) and any other information needed to satisfy annual
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reporting requirements of the RWQCBs.
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8. Adopt and enforce, or name DISTRICT as enforcer of a water
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pollution control ordinance, which prohibits non-NPDES
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permitted discharges to the municipal separate storm sewer
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system.
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D. The COUNTY shall, to the maximum extent practicable and at no cost
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to the CITIES or the DISTRICT, undertake in the unincorporated areas
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of the COUNTY all activities required above of the CITIES that are
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not responsibilities of the DISTRICT as outlined in Section III. B.
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E. The PERMITTEES hereby establish a Technical Advisory Committee
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(herein called COMMITTEE) consisting of five members chosen by the
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Orange County City Engineers Association, and one member
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representing the COUNTY. The COMMITTEE shall prepare by-laws for the
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Technical Advisory Committee and submit same to PERMITTEES for
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approval. The COMMITTEE will act in an advisory role to the
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Agreement D02 -04E
PERMITTEES and implement policy previously established by the
PERMITTEES.
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 COUNTY, DISTRICT, and CITIES
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 areas and population relative to
those of the entire County. Each area shall be calculated as one half of
the sum of the area and population fractions, multiplied by 908. Excluded
are national forests, state parks, airports, landfills, oceans, harbors,
tidal bays and military installations (Exhibit A-1). The contribution of
the COUNTY shall be calculated from unincorporated areas and their
respective populations.
Share in percent for City #1 = ((X,/Xto,) + (Yi/Y,ot)}/2 x (90)
X = area
Y = population
tot = total population or area
90 = total percentage excluding Flood Control District contribution
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Agreement D02 -04f
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The percentage share shall be calculated by the COUNTY Public Facilities
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and Resources Department Environmental Resources Section from population
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and area data. These calculations shall be completed by January 1 of each
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year and shall be included in the annual budget proposal. The annual
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budget proposal shall be recomputed for the thirty-six PERMITTEES based on
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the following percentage share computation methods:
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A. Countywide costs as provided in Exhibit B-1.
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B. Regional costs specific to only one RWQCB permit as provided in
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Exhibits B -2A and B -2B.
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C. In the event of a regulatory directive issued to PERMITTEES, the COUNTY
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shall provide immediate notice to the affected PERMITTEES and meet and
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confer with them with respect to responding to the directive and
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funding the immediate response.
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Amended calculations and computation method for fiscal year 2002-03 are
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provided in Exhibits B-1, B -2A and B -2B, which are made a part hereof.
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If at any time during a given fiscal year the program costs exceed the sum
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of the deposits, the COUNTY shall submit invoices to the CITIES to recover
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the deficit, following the approval process described in Section
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III.A.l.b. above. The share for each city shall be prorated according to
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the formula above. Each city shall pay the invoice within 45 days of the
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billing date.
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The COUNTY shall prepare a fiscal year end accounting within 60 days of
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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
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COUNTY shall invoice each city for its prorated share of the excess cost.
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Each city shall pay the billing within 45 days of the date of the invoice.
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If the fiscal year end accounting results in the sum of the deposits
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exceeding costs (net of interest earnings), the excess deposits will carry
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forward to reduce the billings for the following year.
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The COUNTY shall invoice each city for its annual deposit at the beginning
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(July 1) of each fiscal year. Each city shall pay the deposit within 45
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days of the date of the invoice. Each city's deposit shall be based on
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their prorated share of the approved annual budget, reduced for any
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surplus identified in the prior fiscal year end accounting.
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Interest earned on the CITIES' deposits will not be paid to the CITIES,
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but will be credited against the CITIES' share of the program costs.
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Upon termination of the program a final accounting shall be performed by
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the COUNTY. If costs (net of interest earnings) exceed the sum of the
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deposits, the COUNTY shall invoice each city for its prorated share of the
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excess. Each city shall pay the invoice within 45 days of the date of the
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invoice. If the sum of the deposits exceeds the costs, the COUNTY shall
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reimburse to each city its prorated share of the excess, within 45 days of
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the final accounting. Interest earnings are used to offset the CITIES'
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share of program costs and will not be refunded to the CITIES.
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Each city and the COUNTY shall bear the financial responsibility for
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implementing the Program, within its jurisdictional boundaries, as
outlined in Section III. C. and D.
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Agreement D02-041
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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
8 which becomes incorporated shall become a PERMITTEE on the NPDES
9 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
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consequence of withdrawal. The cost allocations to the remaining members
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will be recalculated in the following budget year.
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VIII.
NON-COMPLIANCE WITH PERMIT REQUIREMENTS
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Any PERMITTEE found in non-compliance with the conditions of the permit
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within their jurisdictional responsibilities shall be solely liable for
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any lawfully assessed penalties, pursuant to Section 13385 of the Water
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Code and the Federal Clean Water Act. Common penalties shall be calculated
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according to the formula outlined in Section IV.
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IX.
LEGAL ACTION/ COSTS/ ATTORNEY FEES
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Where any legal action is necessary to enforce any provision hereof for
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damages by reason of an alleged breach of any provisions of this
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AGREEMENT, the prevailing party shall be entitled to receive from the
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losing party all litigation and collection expenses, administrative costs,
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witness fees and court costs including reasonable attorneys fees.
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X.
AMENDMENTS TO THE AGREEMENT
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This AGREEMENT may be amended by consent of a majority of the PERMITTEES
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which represent a majority of the percentage contributions as described in
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Section IV. The COUNTY and the DISTRICT will represent one voting
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PERMITTEE with a percentage contribution equal to the sum of the -
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individual contributions of the COUNTY and DISTRICT as described in
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Section IV. No amendment to this AGREEMENT shall be effective unless it is
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in writing and signed by the duly authorized representatives of the
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majority of PERMITTEES.
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XI.
AUTHORIZED SIGNATORIES
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The County Director of the Public Facilities and Resources Department and
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the respective City Managers, shall be authorized to execute the
application(s) for NPDES municipal stormwater permit(s) and take all other
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procedural steps necessary to file the application(s) for NPDES municipal
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stormwater permit(s).
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XII.
NOTICES
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All notices shall be deemed duly given if delivered by hand; or three (3)
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days after deposit in the U.S. Mail, postage prepaid.
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XIII.
GOVERNING LAW
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This AGREEMENT will be governed and construed in accordance with laws of
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the State of California. If any provision or provisions of this AGREEMENT
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shall be held to be invalid, illegal or unenforceable, the validity,
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legality and enforceability of the remaining provisions shall not any way
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be affected or impaired hereby.
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XIV.
CONSENT TO BREACH NOT WAIVER
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No term or provision hereof shall be deemed waived and no breach excused,
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unless such waiver or consent shall be in writing and signed by the
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PERMITTEE to have waived or consented. Any consent by any PERMITTEE to, or
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waiver of, a breach by the other, whether express or implied, -shall not
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constitute a consent to, waiver of, or excuse for any other different or
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subsequent breach.
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XV.
APPLICABILITY OF PRIOR AGREEMENTS
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This document restates and amends the provisions in prior agreements and
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constitutes the entire AGREEMENT between the PERMITTEES with respect to
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the subject matter; all prior agreements, representations, statements,
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negotiations and undertakings are superseded hereby.
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XVI.
EXECUTION OF THE AGREEMENT.
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This AGREEMENT may be executed in counterparts and the signed counterparts
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shall constitute a single instrument.
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IN WITNESS
WHEREOF, the parties
hereto have executed this Agreement on the dates
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opposite their
respective signatures:
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ORANGE COUNTY FLOOD CONTROL DISTRICT
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A body corporate and politic
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By
Chairman of the Board of Supervisors
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COUNTY OF ORANGE
A body corporate and politic
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Date: 6 `7-0 a--�
By
Chai man of the Board of Supervisors
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SIGNED AND CERTIFIED THAT A COPY OF
THIS AGREEMENT HAS BEEN DELIVERED TO
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THE CHAIRMAN OF THE BOARD
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ox u
Dca
Q a
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Date:
(�5"
B
DARLENE J. BLOO ��aS �LiEO �Ol�
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Clerk of the Board of Su rvisors of
Orange County, Cali ornia
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APPROVED AS TO
FORM
COUNTY COUNSEL
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ORANGE COUNTY,
CALIFORNIA
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By
Geoff a
K. Hunt, Deputy
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Date:
L �y/UZ
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CITY OF ALISO VIEJO
Date: 6c-ft)�f'-� �� 2002
ATTEST:
City Clerk_ —�
gy.
;::L:/
L —
Mayor
APPROVED AS TO FORM:
City Attorney
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CITY OF ANAHEIM
Date: !c —/�'v'o o; , 2002
ATTEST:
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CityAlerk
Agreement D02-046
By: i
Mayor
APPROVED AS TO FORM:
JACK L. WHITE, CITY ATTORNEY
By: ALISON M. KOTT, DEPUTY CITY ATTORNE'
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ICITY OF BUENA PARK
(Date: June 25 , 2002
]ATTEST:
City Clerk
By: ` L cv .l�pl
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Mayor
APPROVED AS TO FORM:
� OM ga4-t�'
City Attorney
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CITY OF COSTA MESA
Date: 1 2002
ATTEST:
Ey: 4 � w 6j
Mayor
APPROVED AS TO FORM:
LIL O-L�11-" =—J-oL. ���
i y Clerk!1—� /I City Attorney
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ICITY OF CYPRESS
Date: 2002
ry �� 2002
ATTEST:
By:
Mayor 0
APPROVED AS TO FORM:
)a-m-4g&t, Io-
ty Clerk• U City Attorn
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CITY OF DANA POINT
Date: , 2002
ATTEST:
By: L
or
APPROVED AS TO FORM:
Cfty Attorney
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CITY OF FOUNTAIN VALLEY
Date: �Ju ne I , 2002
(ATTEST:
By:
ayor IN
APPROVED AS TO FORM:
Z t/
City Attorney
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CITY OF FULLERTON
Dare: % 2002
ATTEST:
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CiCy C1 rk
Agreement D02-046'
By:
Mayor
APPROVED AS TO FORM:
City Atto ey
APPROVED AS TO CONTENT:
36�aL
-Z/ 11 �j
irector of Engineering
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CITY OF GARDEN GROVE
Date: vJ4 f 2 7 2002 By:
r
ATTEST:
A
C'C erk
APPROVED AS TO FORM:
CityAtto e
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CITY OF HUNTINGTON BEACH
Date: .2/ 2002
ATTEST:
By: Ajjht�
mayor
APPROVED AS TO FORM:
Agreement D02-048
City Clerk dk-City Attorney 0 v
!N/Z r obi
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CITY OF IRVINE
Date: 7 w- - Z i ZLc. 2, 2002
ATTEST:
City Clerk
By: �L
Mayor
APPROVED AS TO FORM:
/ l
City Attorney
26
Agreement D02-04.
5-31-02 Final
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ICITY OF LA HABRA
IDate:
ATTEST: n
J/
Flt'y Clerk
2002 By:
May�Tem
APPROVED AS TO FORM:
Ci
27
Agreement D02-041
5-31-02 Final
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(CITY OF LA PALMA
Date:
ATTEST:
APA -7
G! -f G(.erk-
Agreement D02-041
2002 By: �� �, �''�k
Mayor
APPROVED AS TO FORM:
28
531-02 Final
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CITY OF LAGUNA BEACH
IDate; , 2002
FATTEST:
N � Do
29. A
SNE 29.
29
By:
City Manager
APPROVED AS TO FORM:
City Attorney
631-02 Fwl
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CITY OF LAGUNA HILLS
Date: June 11 , 2002
ATTEST:
i
G,1 ar,"
City Clerk di'�" r'.. Carlson
By:
Agreement D02-04
APPROVED AS TO FORM: 5
City Attorney Lots E. J f
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531-02 Final
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CITY OF LAGUNA NIGUEL
Date: ,(„ ., F :' y , 2002
ATTEST:
Agreement D02-04 B'
1
By:
� Mayor '
APPROVED AS TO FORM:
City AtlEorne
31
5-37.02 Final
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CITY OF LAGUNA WOODS
IDate:
FATTEST:
o
City Clerk
2002 By: l� y� ,
Ma or
APPROVED AS TO FORM:
C y Attorney
32
Agreement D02-
5.31-02 Final
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(CITY OF LAKE FOREST
IDate:
(ATTEST:
2002
Sherry A. F. WAehtz, City Clerk
Agreement D02 -04E
Richard T. Dixon, Mayor
APPROVED AS TO FORM:
�1Act' - '-,
Thomas W. Allen, City Attorney
33
531-02 Final
34 531.02 Final
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CITY OF PLACENTIA
Date: `,j'U,oAY.: 1 2002
Mayor
ATTEST: APPROVED AS TO FORM:
CiCy Clerk City Attorney
38
Agreement D02 -04E
5-31-02 Final
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CITY OF RANCHO SANTA MARGARITA
Date: June 20 2002 / —7'
Mayor James M. Thor
(ATTEST: APPROVED AS TO FORM:
City Clerk Debbie Za n~
Agreement D02 -04E
C't Attorney Ighn E. C V4naugh
39
531-02 Final
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CITY OF SAN CLEMENTE
Date: �JUNE�- /`% 2002
ATTEST:
Agreement -'4,
Cityv Cle,, � C' ypAt:to!,n y
v U
40
5-31-02 Final
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CITY OF SAN JUAN CAPISTRANO
Date: (� lU 2002 By: T A — Y " %M"�
Mayor Diane Bathg
ATTEST: APPROVED AS TO FORM:
Clerk City A torney
41
Agreement D02 -04E
531-02 Final
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CITY OF SANTA ANA
Date: ju}„ i , 2002
ATTEST:
City Clerk
By:
Agreement D02-041
APPROVED AS TO FORM:
ie L[�
City Att rney
v
i
42
5-31-02 Final
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ICITY OF SEAL BEACH
Date: G(r(/ 2002
ATTEST:
Ci t/y C erk
By: = /w H.
Mayor
APPROVED AS TO FORM:
City Attorney
43
Agreement DC2-0SE
531-02 Final
Agreement D02-048
1 CITY OF STANTON
2
3 _JC�r
Date: June 25 2002 By: _� /
4 Mayor
5
6
ATTEST: APPROVED AS TO FORM:
7
9 City Clerk qty At ney c
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5-31-02 Final
i
Agreement D02-048
1 CITY OF TUSTIN
2
3
4 Date: � I -V �` 2002 By: vy .
Malslo;lf IV
5
6
7 ATTEST: APPROVED AS TO FORM:
9 City Clerk City Attorney •/
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CITY OF VILLA PARK
Date: 2002
ATTEST:
lNr%4._ Mz;
City,Clerk 61
By: _—(a
Mayor
APPROVED AS TO FORM:
Ci ; ttorney
46
Agreement D02-04
531-02 Final
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2
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CITY OF WESTMINSTER
Date: = () y- .zy , 2002
ATTEST:
ty kerk
Agreement D02-04
Mayor
APPROVED AS TO FORM:
47
531-02 Final
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(CITY OF YORBA LINDA
Date: ! O 2002
ATTEST:
By: 4�
Mayor Allen Castellano
APPROVED AS TO FORM:
City Clerk City Attorney
Best, Best & Krieger, LLP
C[8
Agreement D02-
531-02 Final
EXHIBIT A - 1
LAND AREA DEDUCTED FROM JURISDICTIONS
Landfills Area sq miles Jurisdiction
Olinda
0.89
County
Santiago
0.25
County
Prima Descheca
2.34
County
Bee Canyon
1.13
County
Coyote Canyon
1.09
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
0.20
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
Share of Revenue X
Budget Share
FY 2002-2001
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
$120435
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
6.526
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
0.506566627
$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
2,825,775
664.179
100.001100
56,000,067
Source: State of California, Department of Finance, E-1 Cify/Counly 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 m
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
Share of Revenue I%
Budget Share
FY 2002-2003
Anaheim
336,300
49.761
11.509007D4
$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
$11418
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
132,800
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
10.660
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
OCFCD
0
0.000
10
$71,000
TOTALS
2.408,472
428.304
100.00000
5710,000
Source' State of California, Department of Finance, E-1 Cdy/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 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 200212003
Permittee
Population `
Area (sq. mi.) "
Weighted Average
Share of Revenue (%)
Budget Share
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
7.820
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
1 516,303
155.874
100
51,270,000
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 voll cover the program costs until the cities are added onto the Implementation Agreement.
5. RENEWAL OF CROSSING GUARD AGREEMENT APPROVED WITH ALL CITY
MANAGEMENT SERVICES FOR SERVICES OF FIVE CROSSING GUARDS FOR
THE PERIOD OF JULY 1, 2002 THROUGH JUNE 30, 2003, IN THE AMOUNT OF
$46,080; AND, MAYOR AUTHORIZED TO EXECUTE THE AGREEMENT (600.30)
6. WARRANTS DATED MAY 30, 2002, IN THE AMOUNT OF $850,191.53, AND
PAYROLL WARRANTS DATED MAY 23, 2002, IN THE AMOUNT OF $231,450.65,
RECEIVED AND FILED (300.30)
7. RESOLUTION NO. 02-06-18-01 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL
ELECTION ON TUESDAY, NOVEMBER 5, 2002, FOR THE ELECTION OF
CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF
THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES;''
RESOLUTION NO. 02-06-18-02 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE
TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION AND SPECIAL
MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2002, WITH THE
STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT
TO SECTION 10403 OF THE ELECTIONS CODE;" RESOLUTION NO. 02-06-18-
03 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING REGULATIONS FOR
CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES
STATEMENT SUBMITTED TO THE VOTERS AT ELECTIONS TO BE HELD ON
TUESDAY, NOVEMBER 5, 2002;" AND, RESOLUTION NO. 02-06-18-04
ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA; PROVIDING FOR THE CONDUCT
OF A SPECIAL RUNOFF ELECTION FOR ELECTIVE OFFICES IN THE EVENT
OF A TIE VOTE AT ANY MUNICIPAL ELECTION" (630.20)
8. PURCHASE OF ONE VANGUARD "PAY -BY -SPACE" PARKING METER
APPROVED FROM PACIFIC PARKING SYSTEMS, INC. (370.30)
9. CONTRACT FOR CONSTRUCTION OF THE HISTORIC TOWN CENTER PARK
RESTROOMS PROJECT (CIP NO. 460) AWARDED TO THE LOWEST
RESPONSIBLE BIDDER, FRIESS COMPANY BUILDERS, INC., IN THE AMOUNT
OF $149,180.00, AND ALL OTHER BIDS REJECTED. MAYOR AUTHORIZED TO
EXECUTE CONTRACT (600.30)
10. EXECUTION OF THE NATIONAL POLLUTANT DISCHARGE ELIMINATION
SYSTEMS (NPDES) STORM WATER IMPLEMENTATION AGREEMENT
cc minutes 3 06-18-02
APPROVED WITH THE COUNTY OF ORANGE; AND, MAYOR AUTHORIZED TO
EXECUTE THE AGREEMENT (600.50)
Al
11. CONTRACT FOR THE MAJOR SEWER REPAIR PROJECT (CIP NO. 728)
AWARDED TO INSITUFORM TECHNOLOGIES, INC., THE LOWEST
RESPONSIBLE BIDDER, IN THE AMOUNT OF $365,766.20; ALL OTHER BIDS
REJECTED; AND MAYOR AUTHORIZED TO EXECUTE THE DOCUMENTS ON
BEHALF OF THE CITY (600.30)
12. RESOLUTION NO. 02-06-18-05 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DETERMINING TO WAIVE FORMAL COMPETITIVE BID REQUIREMENTS FOR
CERTAIN WORK BASED UPON EMERGENCY CIRCUMSTANCES (STORM
DRAIN RELOCATION, LOT C AND LOT 200, TRACT 12954/CUMMING) (CIP NO.
146) (600.30)
13. RESOLUTION NO. 02-06-18-06 ADOPTED, APPROVING RELOCATION PLAN
FOR THE HEAD START FACILITY, SUBJECT TO CONDITIONS (260.10)
Project Description: The City proposed to relocate an existing educational facility
presently located at the City Hall complex due to the planned construction of a
Ground Water Recovery Facility at this location. The propose new interim location
is on City -owned property immediately north of the San Juan Capistrano Library,
with access from EI Camino Real. The City also proposed locating a modular
classroom building at the new site, for a maximum of five years.
Written Communications: Report dated June 18, 2002, from Tom Tomlinson,
Planner Director.
Public Comments:
Jess Sumich, City resident, was concerned about the aesthetic quality of the
proposed Head Start facility.
Sharon McCaig, City resident, felt the Head Start facility would be unattractive and
create both vehicular and pedestrian traffic problems.
George Scarborough noted item had been reviewed extensively by the Design
Review Committee and the Planning Commission to ensure details of the design
were looked at sensitively.
William A. Ramsey, Principal Planner, stated city staff went through an analysis of
alternative sites, taking into consideration acreage, compatibility with surrounding
uses as well as location of the clientele population.
cc minutes
06-18-02
6/18/2002
AGENDA ITEM D 1 0
TO: George Scarborough, City Manager
FROM: William M. Huber, Director of Engineering and Building
SUBJECT: Consideration of the National Pollutant Discharge Elimination System
(NPDES) Storm Water Implementation Agreement with the County of
Orange.
RECOMMENDATION
By motion, approve the execution of the NPDES Storm Water Implementation Agreement
with the County of Orange; and, authorize the mayor to execute the agreement.
A. Summary and Recommendation
In 1990, the City of San Juan Capistrano joined the rest of the cities in the County
of Orange, in an agreement (referred to as "Agreement" in this document) making
the County of Orange, the prinicipal permittee on the NPDES permit, and the rest
of the cities, co -permittees. The County was to take the lead in performing all the
tasks required by the principal permittee and the co-permittees.The co -permittees
were to reimburse the County based on a formula ("Formula"), using the co-
permittee's land area and the population. The Agreement was revised and
amended in 1993, and is being amended at this time to include recently
incorporated cities and to modify the Formula, based on recent changes that are
Watershed specific, and differ from the Santa Ana Permit to the San Diego Permit
(which the City of SJC is under).
The City's original NPDES shared cost for FY 2001-02 was $27,400. During
FY2001-02, the new permit was issued, increasing the City's shared cost. The
County of Orange added this increase to next year's shared cost. The City's shared
cost for FY 2002-03 is $186,714.
Staff recommends the City enter into an agreement with the County of Orange, and
authorize the mayor to execute the Agreement.
B. Background
In 1987, Congress amended the Federal Clean Water Act, requiring the control of
pollutants from stormwater discharges by requiring a National Pollutant Discharge
Elimination System (NPDES) permit, which would allow the lawful discharge of
stormwaters into the waters of the United States. Following this amendment, the California
FOR CITY "'JNCIL AGENDA. C
December 6, 2002
To: Orange County Permittees
Subject: NPDES Permit Implementation Agreement D02-048
n C E W E
�^h DEC 9 2002 D
11 l�
CITY OF SAN JUAN CAPISTRANO
EN"uINLERING DEPARTMENT
Please find enclosed two copies of the subject Implementation Agreement which has
now been executed by the County and all cities. One copy is for your records and the
other is for your City Clerk.
An original copy will be on record with the Clerk of the Board of Supervisors.
Very truly yours,
Chris Crom
liters; 14lanagL
Environmental Resource
Attachment: two copies of the subject agreement
Cc: Larry McKenney, PFRD/Watershed & Coastal Resources
MER Section\Correspondence\Letters\2002\NPDES Implementation Agreementdoc
Vicki L. Wilson, Director
COUNTY OF ORANGE
Envuonmental Resources
e
1750 S. Douglass Road
PuBLICFACILITws & RESOURCEsDEPARTMENT
Anaheim, CA 92806
Telephone. (714) 567-6363
Fax: (714) 567-6220
December 6, 2002
To: Orange County Permittees
Subject: NPDES Permit Implementation Agreement D02-048
n C E W E
�^h DEC 9 2002 D
11 l�
CITY OF SAN JUAN CAPISTRANO
EN"uINLERING DEPARTMENT
Please find enclosed two copies of the subject Implementation Agreement which has
now been executed by the County and all cities. One copy is for your records and the
other is for your City Clerk.
An original copy will be on record with the Clerk of the Board of Supervisors.
Very truly yours,
Chris Crom
liters; 14lanagL
Environmental Resource
Attachment: two copies of the subject agreement
Cc: Larry McKenney, PFRD/Watershed & Coastal Resources
MER Section\Correspondence\Letters\2002\NPDES Implementation Agreementdoc
32400 PASEO ADEL.ANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 (FAX)
www.sanjuancapistrano.org
MINUTE EXTRACT
CITY OF SAN JUAN CAPISTRANO CITY COUNCIL
ADJOURNED REGULAR MEETING
MEMBERS OF THE CITY COUNCIL
DIME L. BATHGATE
COLLENE CAMPBELL
JOHN S. GELFF
MATT HART
DAVID M. SWERDLIN
CITY MANAGER
GEORGE SCARBOROUGH
A Regular Meeting of the City Council of the City of San Juan Capistrano, California,
was held on June 18, 2002 at 7:00 p.m. in the City Council Chamber, 32400 Paseo
Adelanto, San Juan Capistrano, California, Mayor Bathgate presiding.
ROLL CALL
PRESENT: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Hart, Campbell, Swerdlin, Gelff, Bathgate
None
EXTRACT OF CONSENT CALENDAR ITEM D-10: Consideration of the National
Pollutant Discharge Elimination System (NPDES) Storm Water Implementation
Agreement with the County of Orange.
Moved by Council Member Swerdlin, seconded by Council Member Hart and carried
unanimously to approve the execution of the NPDES Storm Water Implementation
Agreement with the County of Orange; and authorize the Mayor to execute the
agreement.
ROLL CALL
AYES: DIRECTORS: Hart, Campbell, Swerdlin, Gelff and Chairman
Bathgate
NOES: DIRECTORS: None
ABSTAIN: DIRECTORS: None
I, Margaret R. Monahan, City Clerk of the City of San Juan Capistrano, California, do
hereby certify that the foregoing is a true and correct copy of the Minute Entry on record
in my office. Said Minutes have not been officially approved by the City Council of the
City of San Juan Capistrano, as of this date.
dtuo use
ME 06-18-02 Page 1 of 2 D-10 is
San Juan Capistrano: Preserving the Past to Enhance the Future
32400 PASEO ADELANTO
SAN .JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 (FAX)
www. sanjuancapistrano. org
June 24. 2002
Chris Crompton
County of Orange County
1750 D Douglas Road
Anaheim, CA 92806
MEMBERS OF THE CITY COUNCIL
DIANE L. SATHGATE
COLLENE CAMPBELL
JOHN S. GELFF
WYATT HART
DAVID M. SWERDLIN
CITY MANAGER
GEORGE SCARBOROUGH
Re: Amendment and Restatement of National Pollutant Discharge Elimination
System (NPDES) Storm Water Permit Implementation Agreement
The City Council of the City of San Juan Capistrano approved execution of the NPDES
agreement at their meeting of June 18, 2002.
Enclosed are the following documents:
Minute Extract of the agenda item
(2) executed NPDES agreements
Following approval and execution by the Board of Supervisors, please forward an
executed original of this agreement to my attention. Upon receipt, I will distribute copies
to the appropriate City staff.
Thank you for your assistance.
Sincerely,
cc: William Huber, Engineering and Building Director
Zaid Mazboudi, Senior Civil Engineer
OBUG USE
u
San Juan Capistrano: Preserving the Past to Enhance the Future
C a:G: t'AL - CLE:;:t OF THE 80 ARD
• Amendment No. 1
Stormwater Permit Implementation Agreement
ORIGINAL
1'I Amendment No. 1 to
O R�G°� �. National Pollutant Discharge Elimination System
2 R Stormwater Permit Implementation Agreement
CLERK OF THE EOA;.J Santa Ana/San Diego Regions
3 ORANGE COUNTY �"
4 This AMENDMENT entered into as of this �Q day of Dky , 199z3by
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
9
10'
11
12 1
13'
14
15
16i
17
18
Beach, Irvine, Laguna Beach, Laguna Hills, Laguna Niguel, Lake Forest, 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) adds two additional
co -permittees, provides revised participant share calculations, and establishes the
NPDES Technical Advisory Committee.
RECITALS
WHEREAS, Section X of the Stormwater Permit Implementation Agreement
(hereinafter, AGREEMENT) states that the 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 of the AGREEMENT; and
19 WHEREAS, Section VI of the AGREEMENT states that any city which becomes
20,1 signatory to this AGREEMENT after the applications for the initial NPDES Stormwater
1
21'! permits have been approved shall comply with all of the provisions of this AGREEMENT;
22 I and,
23
24 'I
25
26
27
28
WHEREAS, other government bodies or public agencies may request to become a
co -permittee to the AGREEMENT.
WHEREAS, program costs and participant share calculations are based on the
original 31 co -permittees and do not include calculations for additional co -
permittees; and,
05 -Aug -1992
-1-
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Amendment No. 1
Stormwater,P,hrmit Implementation Agreement
WHEREAS, administrative and technical tasks originally anticipated to be
handled by the co -permittees are best handled by a Technical Advisory Committee; and
NOW THEREFORE: The parties hereto do mutually agree as follows:
1. Newly -incorporated co -permittees by their signatures hereon, are added as
co -permittees to the AGREEMENT.
2. Participant share calculations shall be recomputed in accordance with the
AGREEMENT, as amended, when additional co -permittees are added. Amended calculations
and computation method are provided in Exhibit A.
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 such as the American Public Works
Association.
4. The co -permittees hereby establish a Technical Advisory Committee (herein
called 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 for Technical Advisory Committee 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.
5. This AMENDMENT may be executed in counterpart and the signed counterparts
shall constitute a single instrument.
6. This AMENDMENT incorporates the following Exhibits:
Exhibit A - Attachment 1 to Stormwater Permit Implementation Agreement:
Revised Participant Share Calculations to account for
additional co -permittees and current census data.
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
Sli
6
BY
7 Chairman of the Board of Supervisors
8!
9
lO ORANGE COUNTY FLOOD CONTROL DISTRICT
11 i to
12
DATE: OCT Z 6 BY
13 Chairman of the Board of Supervisors
Orange County Flood Control District
14
15
16; ATTEST:
17
18
OCT 2 6 is
191 DATE: BY ueuo
Phyllis A. Henderson
20 Cl rk of the Board of Supervisors
Orange County, California
21
22
231 APPROVED AS TO FORM: y ) _—
TERRY C. ANDRUS, County Counsel
24 ORANGE COUNTY, CALIFORNIA
25
26
BY zz
27 Dejpf6ty
281 05-Aug-1992 -3-
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Amendment No. 1
Stormvater Permit Implementation Agreement
CITY OF AM MIM
DATE: BY
ayor
J
DATE: C/—l6 �3
APPROVED AS TO FORM:
JACK L WHITE. CITY ATTORNEY
DATE:
DATE:
DAYS:
DATE:
DATE:
16 -Jul -1992
ATTEST:
BY
City Clerk
CITY OF BREA
BY
Mayor
ATTEST:
BY
City Clerk
CITY OF BU24A PARR
BY
Mayor
ATTEST:
BY
City Clerk
CITY 0! COSTA MESA
BY
Mayor
ATTEST:
BY
City Clark
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DATE:
DATE:
DATE: / - / q —,7,3
DATE:/ ^ 19-,73
DATE:
DATE:
DATE:
DATE:
16 -Jul -1992
Amendment No. 1
Stormwater Permit Implementation Agreement
CITY OF ANAHEIM
BY
Mayor
ATTEST:
BY
City Clerk
CITY OF BREA
BY
Mayor
ATTEST:
BY P(
City Cle
CITY OF BUENA PARR
BY
Mayor
ATTEST:
BY
ty
CITY OF COSTA MESA
BY
Mayor
ATTEST:
BY
City Clerk
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281
Amendment No. 1
Stormwater Permit Implementation Agreement
CITY OF ANAHEIM
DATE: BY
Mayor
ATTEST:
DATE: BY
City Clerk
CITY OF BREA
DATE: BY
Mayor
ATTEST:
DATE: BY
City Clerk
CITY OF BUENA PARR
DATE: L i13. / f Q.2 BY / G
Mayor
1 yp- ATTEST:%% /�
DATE: /�'�(tic�.rrotit. e� 3� �9�� BY We-� �- ` A --L
City Clerk
DATE:
DATE:
16 -Jul -1992
CITY OF COSTA MESA
BY
Mayor
ATTEST:
BY
City Clerk
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DATE:
DATE:
DATE:
DATE:
DATE:
DATE:
22 City Councl Approved On:
r n:
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DATE:
25 25j)VED AS TO FC
C/l(ZA4
ORNEY'S OFFICE
UnCOSTA MESA
28 16 -Jul -1992
Amendment No. 1
Stormwater Permit Implementation Agreement
CITY OF ANAHEIM
BY
Mayor
ATTEST:
BY
City Cl
CITY OF BREA
BY
Mayo
ATTEST:
BY
City Clerk
CITY OF BUENA PARR
BY
ATTEST:
BY
City Clerk
CITY OF COSTA MESA
i ... _
UMayor
ATTEST: / YA"
BY �
City Clerk
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Amendment No. 1
Stormwater Permit Implementation Agreement
CITY OF CYPRESS }
DATE: — F — �I �. BY
Mayor
ATTEST:
DATE: BY / c�— G r1 44J. , a
l J City Clerk
CITY OF DANA POINT
DATE:
DATE:
DATE:
DATE:
DATE:
DATE:
16 -Jul -1992
BY
Mayor
ATTEST:
BY
City Clerk
CITY OF FOUNTAIN VALLEY
BY
Mayor
ATTEST:
BY
City Clerk
CITY OF PULLERTON
BY
Mayor
ATTEST:
BY
City Clerk
-5-
Amendment No. 1
Stormwater Permit Implementation Agreement
li CITY OF CYPRESS
2
DATE: BY
31 Mayor
4I
ATTEST:
5i
6 DATE: By
7 City Clerk
8 CITY OF DANA POINT
9
DATE: By
10 Karen Lloreda, Mayor
APPROVED AS TO FORM:
11
12
ATTEST:
1JEZt
RR M. PATTERSON, CITY ATTORNEY
13 ATE: January 12, 1993 BY -Y �ry\.��(�.L
14 Katherine M. Hollywood, `City Clerk
15 CITY OF FOUNTAIN VALLEY
16
DATE: BY
17 Mayor
18
ATTEST:
19
Z0 DATE: BY
City Clerk
21
22 CITY OF FULLERTON
23
DATE: BY
24 Mayor
25
ATTEST,
26
27 DATE: BY
City Clerk
2S 16-Jul-1992 -5-
Amendment No. 1
Stormwater Permit Implementation Agreement
1j CITY OF CYPRESS
2I
DATE: BY
31 — - Mayor
4'
ATTEST:
5j
6I 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:
17� Mayor
18
ATTEST:
19
20 DATE: BY aaau, �Y/CCJ Yii
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-
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I DATE:
I DATE:
DATE:
DATE:
DATE:
DATE:
DATE:
DATE:
16 -Jul -1992
Amendment No. 1 I
Stormwater Permit Implementation Agreement
CITY OF CYPRESS
BY
Mayor
ATTEST:
%S9
City Clerk
CITY OF DANA POINT
BY
Mayor
ATTEST:
BY
City Clerk
CITY OF FOUNTAIN VALLEY
BY
Mayor
ATTEST:
BY
City Clerk
CM OF FULLERTON
ATTEST:
BY!
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DATE: November 17, 1992
DATE:
Amendment No. I
Stormwater Permit Implementation Agreement
CITY OF GARDEN GR
BY
��/_./i�dli•
Mayor
ATTEST:
City e ---- —
CITY OF HUNTINGTON BEACH
DATE: BY
Mayor
ATTEST:
DATE: BY
City Clerk
CITY OF IRVINE
DATE: BY
ATTEST:
DATE: BY
City Clerk
CITY OF LAGUNA BEACH
DATE: BY
DATE:
16 -Jul -1992
ATTEST:
BY
City Clerk
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DATE:
DATE:
DATE:
APPROVED AS TO FORM:
r
C1tV Attorney
le icy y L
DATE:
Amendment No. 1
Stormwater Permit Implementation Agreement
CITY OF GARDEN GROVE
L:1J
A
ATTEST:
BY
City Clerk
CITY OF HUNTINGTON {{
�J/ BEACH
BY }�7 G
��// May�- Mayoror
ATTEST:
BY
City Cle�
16 464141] ii'AC a
DATE: BY
Mayor
ATTEST:
DATE: BY
City Clerk
CITY OF LAGUNA BEACH
DATE: BY
Mavor
DATE:
16 -Jul -1992
ATTEST:
BY
City Clerk
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DATE:
DATE:
DATE:
DATE:
DATE:
APP EO AS TO FORM.-
C A ORR
DATE: 1/ 3- '7
DATE:
DATE -
16 -Jul -1992
Amendment No. 1
Stormvater Permit Implementation Agreement
CITY OF GARDEN GROVE
BY
Mayor
ATTEST:
BY
City Clerk
CITY OF HEWINGTON BEACH
BY
ATTEST:
BY
City Clerk
CITY OF IRVINE
r Mayor
ATTEST:
BY
City C t
CITY OF I.AGDNA BEACH
BY
Mayor
ATTEST:
BY
City Clerk
-6-
City of guna Be/ac
By t� F
City Manager
APPROVED AS TO FORM:
ty Attorney
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Amendment No. 1
Stormwater Permit Implementation Agreement
CITY OF LAGUNA HILLS
DATE: Sed crnbei
M
% LODY CARRUTH
ATTEST: �
DATE: 9�/C,/9 Z --
APPROVED GAS TO �FORM:
LOIS E. JEF 3Z,,CIT3 ATTORNEY
DATE:
DATE:
DATE:
DATE:
DATE:
DATE:
16 -Jul -1992
BY
City Clerk
MARY A. CARLSON
CITY OF LAGUNA NIGUEL
BY
ATTEST:
BY
City Clerk
CITY OF LAKE FOREST
BY
r
ATTEST:
BY
City Clerk
CITY OF LA HABRA
BY
Mayor
ATTEST:
BY
City Clerk
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DATE:
i
DATE:
DATE:
-gay
DATE: II 4y IG3
TT
DATE:
DATE:
DATE:
DATE:
16 -Jul -1992
Amendment No. 1
Stormwater Permit Implementation Agreement
CITY OF LAGUNA HILLS
BY
ATTEST:
BY
ty
BY
ATTEST:
BY
City Clerk
CITY OF LA HABRA
BY
r
ATTEST:
BY
City Clerk
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DATE:
DATE:
DATE:
DATE:
DATE: L I�3-
APPROVE➢:
PS Ta JURal
CITY ATTORNEY
DATE: le , i /r 1raZ
DATE:
DATE:
16 -Jul -1992
Amendment No. 1
Stormvater Permit Implementation Agreement
CITY OF LAGUNA HILLS
BY
Mayor
ATTEST:
BY
City Clerk
CITY OF LAGUNA NIGUEL
BY
Mayor
ATTEST:
BY
City Clerk
CITY OF LAKE FOREST
BY
Mayor
ATTEST:
BY
L,/Cityerk
CITY OF LA HABRA
BY
Mayor
ATTEST:
BY
City Clerk
-7-
Y
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I DATE:
DATE:
DATE:
DATE:
DATE:
DATE: 6 �9/93
19 -May -1992
Amendment No. 1
Stormvater Permit Implementation Agreement
Draft 1 City
CITY OF LACUNA NICUEL
BY IMayor
ATTEST:
BY
City Clerk
CnT OF LAKE FOREST
BY
Mayor
ATTEST:
BY
City Clerk
CITY OF LA BAARRA
BY
City manager
ATTEST:
BY iitcw Z�S��l
C ty Clark
-7-
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DATE: September 23, 1992
Amendment No. 1
Stormwater Permit Implementation Agreement
CITY OF LA PALMA
BY ��tel. C\\
Mayor
ATTEST:
DATE: September 25, 1992 BY
City Clerk
DATE:
DATE:
DATE:
DATE:
DATE:
DATE:
16 -Jul -1992
CITY OF LOS ALAMITOS
BY
ATTEST:
BY
City Clerk
CITY OF MISSION VIEJO
BY
r
ATTEST:
BY
City Clerk
CITY OF NEWPORT BEACH
BY
Mayor
ATTEST:
BY
City Clerk
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281
DATE:
DATE:
DATE: September 29, 1992
Amendment No. 1
Stormwater Permit Implementation Agreement
CITY OF LA PALMA
FV4
ATTEST:
BY
City Clerk
CITY OF LOS ALAMITOS
i
Ii%/'�
BY
Mayor
ATTEST:
DATE: September 29, 1992 gy p,�jy� cy 6,6-L•
City Clerk
DATE:
DATE:
DATE:
DATE:
16 -Jul -1992
CITY OF MISSION WIEJO
BY
Mayor
ATTEST:
BY
City Clerk
CITY OF NEWPORT BEACH
BY
Mayor
ATTEST:
BY
City Clerk
-B-
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DATE:
DATE:
DATE:
DATE:
DATE: zw
DATE:'
DATE:
DATE:
16 -Jul -1992
Amendment No. 1
Stormwater Permit Implementation Agreement
CITY OF LA PALMA
BY
Mayor
ATTEST:
BY
City Clerk
CITY OF LOS ALAMITOS
BY
Mayor
ATTEST:
BY
City Clerk
CITY OF MISSION VIEJO
BY �C/RQip�aG.,t�•
KayoV
ATTEST: A
BY
City Clerk
CITY OF NEWPORT BEACH
BY
Mayor
ATTEST:
BY
City Clerk
-8-
i
a
1'I
2
DATE:
3'
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41
51
6 'j DATE:
7
I
8�
9i
DATE:
10
11
12
13 DATE: -
i
14
15!
I
16
DATE:
17
I
18 1
19
20 l DATE:
f
21
22
23 DATE:
241,
1
251
26
.27 DATE:
28 16 -Jul -1992
Amendment No. 1
Stormvater Permit Implementation Agreement
CITY OF LA PALMA
BY
r
ATTEST:
BY
City Clerk
CITY OF LOS ALAMITOS
BY
ATTEST:
BY
City Clerk
CITY OF MISSION VIEJO
BY
Mayor
ATTEST:
BY
City Clerk
CITY NEWPORT BEACH
Y
or
ATTEST:
6
BY
City Clerk
-B-
1
2
3
4
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DATE: 1111f
APPROVED
�A�S�TOnFORM; _
by �G's'tFwc V C'/�Lt�i�i
City Attorney
DATE:
DATE:
DATE:
DATE:
DATE:
DATE:
DATE:
7.6 -Jul -1992
Amendment No. 1
Stormwater Permit Implementation Agreement
CITY OF ORANGE
B
ATTEST:
BY
Cl City c
CITY OF PLACENTIA
BY
ATTEST:
BY
City Clerk
CITY OF SAN CLEMENTE
BY
ATTEST:
BY
City Clerk
CITY OF SAN JUAN CAPISTRANO
BY
ATTEST:
BY
City Clerk
-9-
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26
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j DATE:
DATE:
DATE:
DATE:
DATE:
DATE:
DATE:
DATE:
16 -Jul -1992
Amendment No. 1
Stormwater Permit Implementation Agreement
CITY OF ORANGE
BY
r
ATTEST:
BY
City Clerk
BY /(ZUL/ll /,
City Clerk
CITY OF SAN CLEMENTE
BY
Mayor
ATTEST:
BY
City Clerk
CITY OF SAN JUAN CAPISTRANO
BY
Mayor
ATTEST:
BY
City Clerk
-9-
1 'I
2'
DATE:
3
4I
5'
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7
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9
DATE:
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DATE: ZQ — '7-
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DATE:
24
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26
27 ( DATE:
28 li 16 -Jul -1992
it
Amendment No. 1
Stormvater Permit Implementation Agreement
CITY OF ORANGE
BY
r
ATTEST:
BY
City Clerk
CITY OF PLACENTIA
BY
Mayor
ATTEST:
BY
City Clerk
CIT
BY
ATT
Mh1
CITY OF SAN JUAN CAPISTRANO
BY
Mayor
ATTEST:
BY
City Clerk
-9-
Amendment No. 1
Stormwater Permit Implementation Agreement
1:
CITY OF
ORANGE
2
3
DATE:
BY
Mayor
4�
ATTEST:
51
6 i
DATE:
BY
7i
City Clerk
Si
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
CM OF
SAN JUAN_ CA_P_ISTRANO
23
� 7
DATE: May 4, 1993
BY
/
24
ay r
25
ATTEST:
26
27
DATE: May 4, 1993
BY
28
16 -Jul -1992-9-
1
2
3
4
5
6
7
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9
10
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20
Amendment No. 1
Stormwater Permit Implementation Agreement
APPROVED AS FORM
EDWA D CO PER CITY OF SANTA ANA
r_TVA EY
DATE: BY
May r
A Toted .,s :.a It
ATTEST:
Ci'y v;n30,et
DATE: BY �.
City C1 rk
CITY OF SEAL BEACH
DATE: BY
Mayor
ATTEST:
DATE: BY
City Clerk
CITY OF STANTON
DATE: BY
Mayor
ATTEST:
DATE: BY
City Clerk
DATE:
DATE:
16 -Jul -1992
CITY OF TUSTIN
BY
Mayor
ATTEST:
BY
City Clerk
-10-
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2,
3
41
5
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8
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27
28
DATE:
DATE:
i
DATE: 7
DATE�/�C�
DATE:
DATE:
DATE:
DATE:
16 -Jul -1992
Amendment No. 1
Stormvater Permit Implementation Agreement
CITY OF SANTA ANA
BY
Mayor
ATTEST:
BY
City Clerk
CITY OF SEAL BEACH EA /
BY
Majfor
ATTEST:
BY U
City Jerk
CITY OF STANTON
BY
Mayor
ATTEST:
BY
City Clerk
CITY OF TUSTIN
BY
ATTEST:
BY
City Clerk
-10-
1
2
3
4
5
6
7
S
9
10
11
12
13
14
15
16
17
18
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20
21
22
23
24
25
26
27
28
Amendment No. 1
Stormwater Permit Implementation Agreement
CITY OF SANTA ANA
DATE: BY
ATTEST:
DATE: BY
Mayor
City Cler
CITY OF SEAL BEACH
DATE: BY
Mayor
ATTEST:
DATE: BY
City Clerk
((]] CITY OF STANTON ^
DATE: 11 I I Z I -1.�— BY _ ^ J
Mayor
ATTEST:I y I,j /
DATE: % I�IoL— 1 aL� BY �J Q.t' C_ lM �Lt Q� l/
City Clerk `
DATE:
DATE:
16 -.Jul -1992
CITY OF TUSTIN
BY
Mayor
ATTEST:
BY
City Clerk
-10-
lei
2'
DATE:
31
4'
5
6 DATE:
7.
8
9
DATE:
10
it
12
13 DATE:
14
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DATE:
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20 DATE:
21
22
23
DATE:
24
25
26 p
27 DATE:- O 19/ c/ 2..
28 116 -Jul -1992
Amendment No. 1
Stormwater Permit Implementation Agreement
CITY OF SANTA ANA
M
ATTEST:
BY
City Clerk
CITY OF SEAL BEACH
BY
AF
ATTEST:
BY
City Clerk
CITY OF STANTON
BY
ATTEST:
BY
City Clerk
CITY OF
BY 1C CJC (N
Mayor
ATTEST:
BY�
City Clerk
-10-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Amendment No. 1
Stormwater Permit Implementation Agreement
CITY OF VILLA PARK
DATE: g, 92 BY
Mayor
DATE: 9-016'-
DATE:
DATE:
DATE:
DATE:
NJ:vm/crPVF02-113(2140)2051913295769
16 -Jul -1992
ATTEST:
BY A . A -f, W-tZL
City Clerk
CITY OF VESTHINSTER
BY
Mayor
ATTEST:
BY
City Clerk
CITY OF YORBA LINDA
BY
ATTEST:
BY
City Clerk
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jl NJ:vm/crPVF02-113(2140)2051913295769
28 i; 16 -Jul -1992
Amendment No. 1
Stormvater Permit Implementation Agreement
CITY OF VILLA PARR
BY
Mayor
ATTEST:
BY
City Clerk
CITY OF WESTMINSTER
BYLeyli(
Mayor
ATTEST:
BY-
City Clerk
CITY OF YORBA LINDA
BY
Mayor
ATTEST:
BY
City Clerk
-11-
1'
2
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DATE:
41
5
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9i
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25
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27
NJ:vm/crPVF02-113(2140)2051913295769
28 16 -Jul -1992
Amendment No. 1
Stormvater Permit Implementation Agreement
CITY OF VILLA PARK
BY
ATTEST:
BY
City Clerk
CITY OF VESTMINSTER
BY
Mayor
ATTEST:
BY
City Clerk
CITY OF YORBA LINDA
BYan. Vw\�
Mayor
ATTEST:
BY L' 4f�ems__
ity Clerk
-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
NJ:vm/crPWF02-113(2198)2051913295769 2 Cities
NATIONAL POLLUTANT DISCHARGE SYSTEM
PROJECTED SCHEDULE OF ENTITY'S SHARES
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%:
518,703.89
COSTA MESA
97,437 :
15.343 :
2.9683999%:
$27,015.41
CYPRESS
42,628 :
6.925 :
1.3150161%:
511,967.96
DANA POINT
32,760 :
6.040 :
1.0658504%:
59,700.58 :
FOUNTAIN VALLEY
53,699 :
9.553 :
1.7203975X:
$15,657.34 :
FULLERTON
115,563 :
22.298 :
3.8362899%:
$34,914.07 :
GARDEN GROVE
145,016 :
17.773 :
4.0281982%:
$36,660.63 :
HUNTINGTON BEACH
182,783 :
26.800 :
5.4158657%:
$49,289.79 :
IRVINE
111,418 :
43.369 :
5.3823417%:
548,984.69 :
LAGUNA BEACH
23,448 :
7.800 :
1.0305601X:
$9,379.13 :
LAGUNA HILLS
22,666 :
5.195 :
0.8156785%:
$7,423.49 :
LAGUNA NIGUEL
47,699 :
14.669 :
2.0041794%:
$18,240.04 :
LAKE FOREST
56,070 :
10.245 :
1.8171597%:
$16,537.97 :
LA HABRA
51,617 :
7.699 :
1.5394836%:
$14,010.84 :
LA PALMA
15,437 :
2.014 :
0.4381993%:
53,988.05 :
LOS ALAMITOS
11,643 :
2.186 :
0.3818475%:
53,475.19 :
MISSION VIEJO
73,724 :
16.392 :
2.6141906%;
523,791.75 :
NEWPORT BEACH
67,268 :
13.720 :
2.2900742%:
520,841.96 :
ORANGE
112,709 :
23.202 :
3.8535310%:
$35,070.99 :
PLACENTIA
41,375 :
6.606 :
1.2674754%:
$11,535.29 :
SAN CLEMENTE
42,164 :
16.910 :
2.0751680%:
$18,886.10 :
SAN JUAN CAPISTRANO
26,745 :
14.054 :
1.5724803X:
$14,311.14 :
SANTA ANA
300,256 :
27.339 :
7.6121440%:
$69,278.12 :
SEAL BEACH
25,095 :
8.488 :
1.1137341%:
$10,136.09 :
STANTON
30,818 :
3.131 :
0.8063187%:
57,338.31 :
TUSTIN
52,145 :
8.582 :
1.6171435%:
514,717.62 :
VILLA PARK
6,279 :
2.077 :
0.2750657%:
$2,503.37 :
WESTMINSTER
78,803 :
10.190 :
2.2299129%:
520,294.44 :
YORBA LINDA
53,878 :
17.965 :
2.3712515%:
$21,580.76 :
ORANGE COUNTY
155,889 :
152.528 :
14.6013177%:
$132,886.59 :
O.C.F.C.D. (TOTAL)
10.0000000%:
$91,010.00 :
2,453,277
564.554
100.0000000%
5910,100.00
TOTALS
* SOURCE: CALIFORNIA STATE DEPARTMENT OF FINANCE (LAKE FOREST POPULATION FROM 4/1/90 CENSUS)
** SOURCE: ENA RONMENTAL MANAGEMENT AGENCY - SURVEYOR BOUNDARY UNIT. AREA HAS BEEN CALCULATED US
LAND AREA FIGURES PROVIDED BY EMA AND SUBTRACTING AREAS IN EACH JURISDICTION FOR NATIONAL FORESTS
PARKS, AIRPORTS, LANDFILLS AND MILITARY INSTALLATIONS.
*** W.A.S.R. = WEIGHTED AVERAGE SHARE
TABLE BY EMA/ERD
.. . 0
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
TECHNICAL ADVISORY COMMITTEE
RAM BB7WBM1 MM CO-PBRWMMS OF nMM MWAIM PW= MPM92frAnON AORFE&Mfr
FOR nM SANTA ANA! AND SAN Dmo vmiot;S whim 0RAN(B3 COUN[Y
13 111L92
CONTENTS
1.0 Introduction
0
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.Membership 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
3.2 Submittals to Regulatory Authorities
Exhibits
3.2.1 Stormwater Permit Implementation Agreement 2
3.2.2 Drainage Area Management Plan 3
3.2.3 NPDES Permits 3
3.2.4 Proposed Legislation 3
3.3 Consultant Selection 3
3.4 Budgetary Items 3
3.5 Communication with Others 3
1. NPDES Technical Advisory Committee Organization 4
2. NPDES Technical Advisory Committee Members 5
3. References 5
P
1.1 Purpose
These Bylaws define the membership and authority of the National Pollutant Discharge
Elimination System Technical Advisory Committee (hereinafter known as "Committed'). The pur-
pose of the Committee is to serve the co -permittees of the Stormwater 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 will 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.
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, EMA.
Alternate representatives for appointed members will not be permitted.
2.3.1 Term of Membership
City members will serve three years on a staggered schedule 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. Additional 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 will 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-petmit-
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 -permittees 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.
0
E
The 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 Storrrwater 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 co-pemdttee.
3.4 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 -permittee.
4.0 Communication with Others
The Committee may conduct informal communications as necessary with others on behalf of the
co -permittees to carry out its delegated authority in implementing program.
Exhibit 1
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
TECHNICAL ADVISORY COMMITTEE
REGULATORY BOARDS
CO-PERMI TTEE APPRO VAL
CO-PERMITEES
STORMWATER PERMIT
RAPLETENTATION
AGREEMENT
ADVISE CO -PERMITTEES
ORANOECOUNTY
CITY ENGINEERS
ASSOCIATION
1')I TlM C.) NV,!
ORANGE COUNTY
ENVIRONMENTAL
MANAGEMENT
AGENCY
NPDES
TECHNICAL
ADVISORY
COMMITTEE
PROVIDES
STAFF
0
•
NPDES TECHNICAL ADVISORY COMMITTEE
COMMITTEE MEMBERS
W. L. Zaun
1992 Hugh Berry
Lee Harry
Frank Page, Chairman
Don Noble
John Wolter
W. L. Zaun
1991 Formation Committee
W. L. Zaun, Chairman
Lee Harry
Don Noble
Hugh Berry
Frank Page
John Wolter
NoUgLIM
War" t rr.i
8-31-95
8-31-93
8-31-93
8-31-94
8-31-94
N/A
8-31-92
8-31-93
8-31-93
8-31-94
8-31-94
N/A
* Term expires upon confirmation of regular members
SUPV
;�TBL
3
1
4
2
5
N/A
3
1
4
2
5
N/A
N/A
1
2
3
4
5
CITY
OR
AGENCY
i:;krj&yj;L7
Fullerton
Santa Ana
Orange
Huntington Beach
Newport Beach
EMA/PW
EMA/PW
Santa Ana
Huntington Beach
Fullerton
Orange
Newport Beach
2
REFERENCES
1. Orange County Flood Control Act, 1927.
2. 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.
j THE FOREGOING INSTRUMENT I, A TPUF
AND CORRECT COPY OF THE ORIGINAL
ON FILE INT Ft E.
ATTEST: 7v 2 19 q3
P14YLLIS A. HENDERSON, Clerk of 06 o
of Super �' �-/CC^UMy of Gran •
DEFUTY
6
May 19, 1993
�j ° mlo.rnme
num+.m 1961
1776
Mr. Neil Jordan
Orange County Environmental Management Agency
Public Works Department
Flood Program Division
P. O. Box 4048
Santa Ana, California 92702
Re: Amendment No. l
Dear Mr. Jordan:
MEMBERS OF THE CITY COUNCIL
COLLENE CAMPBELL
GARY HAUSDORFER
G L JONES
CAROLYN NASH
JEFF VASOUEZ
C11 Y MANAGER
GEOHUE SUAHBOHOUGH
Enclosed is a copy of the Amendment No. 1 to the Agreement for Implementation
of the National Pollutant Discharge Elimination System Program Permit signed by
the Mayor and City Clerk of the City of San Juan Capistrano. The Amendment
was approved by the City Council at their regular meeting held May 4, 1993. The
City Council further approved the Technical Advisory Committee Bylaws.
Please return a fully -signed copy of Amendment No. 1 to the City Clerk's Office
for maintenance in the City's official records.
Thank you for your cooperation.
Ver truly yours,
Cheryl Johnson
City Clerk
Enclosure
cc: Director of Engineering and Building
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171
r
May 12, 1993
tfi/�5r'+: 10lOAIOAA111
' lAIemAAn 1961
1776
Orange County Environmental Management Agency
Public Works Department
P. O. Box 4048
Santa Ana, California 92702
Re:
for
MEMBERS OF THE CITU COUNCIL
COLLENE CAMPBELL
GARY L. HAUSDORFER
GIL JONES
CAROLYN NASH
JEFF VASQUEZ
CITY MANAGER
GEORGESCARBOROUGH
At their regular meeting held May 4, 1993, the City Council of the City of San
Juan Capistrano approved Amendment No. 1 to the Agreement for Implementation
of the National Pollutant Discharge Elimination System Program Permit. The
City Council further approved the Technical Advisory Committee Bylaws.
When the Amendment has been signed by all the appropriate parties, please
forward a copy to the City Clerk's Office for maintenance in the City's official
records.
Thank you for your cooperation.
Very truly yours,
Cheryl Jo����'
City Clerk
cc: Director of Engineering and Building
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171
0
AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
The Resolution authorized the Planning Director to approve the specific dates for the events.
Encroachment permit fees were waived. Staff was directed to clarify the issues related to ordinance
modifications for future consideration.
CONSENT CALENDAR
It was moved by Council Member Hausdorfer, seconded by Council Member Nash, that the staff
recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by
the following vote:
AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
1. APPROVAL OF COMMUNITY REDEVELOPMENT AGENCY MI TE - REGULAR
MEETING OF APRIL 6. 1993
The Minutes of the Regular Meeting of April 6, 1993, were approved as submitted.
2. RECEIVE AND FILE WARRANTS OF APRIL 23.1993 (300,30)
The List of Demands dated April 1, 1993, in the total amount of $21,171.63, and the List of Demands
dated April 23, 1993, in the total amount of $1,163,116.90, were received and filed.
3. RECEIVE AND FILE CASH BALANCES BY FUND FOR MARCH 1993 (33050)
The City Treasurer's Report of Cash Fund Balances for the month of March 1993 in the total amount
of 5-121,947.11 was received and filed.
—_—� 4. AMENDMENT NO 1 TO AGREEMENT FOR IMPLEMENTATION OF NATIONAL
POLLUTANT DISCHARGE ELIMINATION SYSTEM fNPDESI PROGRAM PERMIT AND
As set forth in the Report dated May 4,1993, from the Director of Engineering and Building, the Mayor
and the City Clerk were authorized to execute Amendment No. 1 to the Agreement for Implementation
of the NPDES Program Permit, and the Technical Advisory Committee Bylaws were approved. Funds
in the amount of $13,800 were budgeted as the City's share for fiscal year 1992-93.
5. RESOLUTION AND APPLICATION FOR LOCAL SENATE BILL 821 GRANT FUNDS -
CONSTRUCTION OF HANDICAPPED ACCESS RAMPS (585.40)
As set forth in the Report dated May 4, 1993, from the Director of Engineering and Building, the
following Resolution was adopted authorizing the submittal of an application for SB 821 Local Grant
Funds for the construction of handicapped access ramps:
City Council Minutes -3- 5/4/93
AGENDA ITEM May 4, 1993
TO: George Scarborough, City Manager
FROM: William M. Huber, Director of Engineering & Building
SUBJECT: Amendment No. 1 to Agreement for Implementation of National
Pollutant Discharge Elimination System (NPDES) Program Permit and
Approval of Technical Advisory Committee Bylaws (County of Orange)
RECOMMENDATION
By motion, authorize the Mayor and the City Clerk to execute Amendment No. 1 to the
Agreement for Implementation of the NPDES Program Permit and approve the Technical
Advisory Committee Bylaws.
SITUATION
A. Summary and Recommendation
The County of Orange has requested the Cities of Orange County which comprise
the co -permittees of the NPDES Permit to approve an amendment to the subject
agreement and submit the executed amendment to EMA Public Works. The
amendment has been necessitated by: 1) The addition of two new Cities which
causes the County share in the program costs to change and 2) The establishment of
the NPDES Technical Advisory Committee to act in an advisory role to the co -
permittees, seeking their approval and implementing policy established by the co -
permittees.
Staff has reviewed the Amendment (Attachment 1) to the Agreement for
Implementation of the NPDES Program and the Technical Advisory Committee
Bylaws (Attachment 3) and recommends that the City Council authorize execution
of the Amendment and approval, by motion, of the Bylaws.
B. Background
On February 4, 1987, Congress passed the Water Quality Act amending the 1972
Clean Water Act. Under this Act, the Environmental Protection Agency is required
to regulate stormwater that discharges into waters of the United States.
Municipalities, counties and other governmental agencies which discharge
stormwater were required to apply for a Stormwater Discharge Permit under the
National Pollutant Discharge Elimination System Program.
In order to effect a more organized and efficient approach to this program, the
Cities and the County developed a unified program with the County as the lead
agency. The County possesses the expertise to perform the needed investigation and
testing throughout the County while the Cities perform annual storm drain facility
inspections and maintenance, employ practices to eliminate illegal and illicit
FOR CITY COUNCIL AGEN
AGENDA ITEM • •
May 4, 1993
Page 2,
connections to storm drain facilities and pay their fair share of the County's costs.
Thus, on April 3, 1990, the City Council authorized the Mayor and the City Clerk to
execute the attached Agreement with County of Orange for implementation of the
NPDES permit.
Since implementation of the NPDES permit, situations have occurred and knowledge
has been acquired that necessitate an amendment to the agreement to include the
following:
1) Two Cities have joined the program and there have been annexations by
jurisdictions and population changes throughout the County. Not only do these
two latter occurrences require that co -permittee shares be recomputed, but, in
accordance with the agreement, they are to be recomputed each year. The net
change for the City of San Juan Capistrano is an increase of 0.0624863%. With
total project costs estimated to be $910,000, this yields an increase of $568.63
for the City or $14,311.14 total estimated for the City for FY 92-93.
2) To better manage the program, the County is to be given the authority to retain
professional service consultants and to fund or contribute to funding technical
studies. It is understood, however, that all program expenditures are to be
budgeted and approved by the co -permittees annually.
3) To provide improved management of the program, an advisory committee is
recommended to be formed. The Technical Advisory Committee will receive,
review, recommend and take appropriate actions on all program -related matters
on behalf of the co -permittees with appropriate approval of the co -permittees.
The committee will also implement policy established by the co -permittees and
advise the co -permittees on matters relating to the program as required by the
co -permittees.
COMMISSION/BOARD REVIEW, RECOMMENDATIONS
No review or recommendation by other bodies is applicable.
FINANCIAL CONSIDERATIONS
Funds in the amount of $13,800 have been budgeted in Account No. 01-62134-4415 for
the City's FY 92-93 share which is determined at the conclusion of the fiscal year based
on actual program costs.
NOTIFICATION
County of Orange, EMA, Public Works
ALTERNATE ACTIONS
Authorize the Mayor and the City Clerk to execute Amendment No. 1 to the
Agreement for Implementation of the NPDES Program Permit and approve the
Technical Advisory Committee Bylaws.
2. Do not authorize the Amendment to be executed nor approve the Bylaws.
Request additional information from staff.
AGENDA ITEM • .
May 4, 1993
Page 3
RECOMMENDATION
By motion, authorize the Mayor and the City Clerk to execute Amendment No. 1 to the
Agreement for Implementation of the NPDES Program Permit and approve the Technical
Advisory Committee Bylaws.
Respectfully submitted,
William M. Huber, PRE.
WMH/TGS:rl
Attachments: 1. Amendment No. 1 to the Agreement for Implementation
2. Agreement for Implementation
3. Technical Advisory Committee Bylaws
National Pollutant Discharge Elimination System
Stormwater Permit Implementation Agreement
Santa Ana/San Diego Regions
This AGREEMENT entered into as of this /8-F" day of
i-_cern ber , 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 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;
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. Incorporation RS 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
0 0
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 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 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
0
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 storm
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
B"S .
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 a water pollution control
ordinance, which prohibits non-NPOES
permitted discharges to the municipal
4
• separate storm sewer s0em.
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, multiplied 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.
��— �Y —
Share in percent for City M 1 �"tot� + �rtot� (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 Attachment 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
COUNT10shall 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 sum 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 fit year costs. •
V. Life of the AGREMMNT. 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/Costs/Attorney tees. 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
W
liticfion and collection exple ses, 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. Authorised 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.
IN WITNESS WHEREOF, this AGREEMENT has been executed as of
the day and year first above written.
COUNTYZOORANGE
SIGNED AND CFr<T: 'FD -'^.T ,^ l0'v �F y
THIS DOCUMENT HAS KEFrf ; 1 JERED TO B
THE CHAIRMAN OF THE riOARD. Chairperson, Board f Supervisors
LINDAD.FOTH8/ l2 /� jo ORANGXT"Y FLOOD DISTRICT
Clerk of the Board of Supervisors
County of Orange, California By //A
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 /z'/9 -VO
Clerk of the Board of Supervisors
County of Orange, California
APPROVED AS TO FORM:
ADRIAN KUYPER, COUNTY COUNSEL
ORANGE COUNTY, CA4tFORINIA
,o -/y -f0
Date
L•7
•
ATTEST:
City CleLItk
APPP17 AS �O FORM:
City A torney
31
Ci
By
n
u
0
ATTACHMENT 1
WEIGHTED AVERAGE METHOD
WEIGHTINGS:
POPULATION
50%
AREA
50%
7-31-90
WEIGHTED
PER
1.1-90
'*AREA
AVERAGE
$1,000,000
*POPULATION
................................................................................
% OF POP.
(sq. mites)
% OF AREA
SHARE
BUDGETED
ANAHEIM
247,822
10.65%
44.99
6.70%
8.243428%
582,434.28
BREA
33,815
1.45%
10.36
1.54%
1.423452%
$14,234.52
BUENA PARK
66,608
2.86%
10.06
1.50%
2.071643%
520,718.43
COSTA MESA
94,706
4.07%
15.34
2.28%
3.019148%
530,191.48
CYPRESS
45,703
1.96%
6.93
1.03%
1.423527%
514,235.27
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%
$18,269.51
FULLERTON
111,737
4.80%
22.19
3.31%
3.851549%
$38,515.49
GARDEN GROVE
135,266
5.82%
17.77
2.65%
4.019693%
$40,196.93
HUNTINGTON BEACH
191,630
8.24%
26.80
3.99%
5.809078%
$58,090.78
IRVINE
102,418
4.40%
43.40
6.46%
5.161863%
$51,618.63
LAGUNA BEACH
24,599
1.06%
7.50
1.12%
1.032922%
$10,329.22
LAGUNA NIGUEL
37,527
1.61%
14.70
2.19%
1.aO6304%
518,063.04
LA HABRA
49,398
2.12%
7.70
1.15%
1.553455%
515,534.55
LA PALMA
16,120
0.69%
2.01
0.30%
0.471369%
54,713.69
LOS ALAMITOS
12,206
0.52%
2.19
0.33%
0.404182%
$4,041.82
MISSION VIEJO
75,537
3.25%
16.39
2.44%
2.702015%
527,020.15
NEWPORT BEACH
70,202
3.02%
13.72
2.04%
2.404175%
$24,041.75
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%
513,264.99
SAN CLEMENTE
40,381
1.74%
16.91
2.52%
2.020938%
520,209.38
SAN JUAN CAPISTRANO
25,268
1.09%
14.05
2.09.0
1.509994%
515,099.94
SANTA ANA
235,961
10.14%
27.34
4.07%
6.752498%
$67,524.98
SEAL BEACH
27,347
1.18%
8.55
1.27%
1.163322%
$11,633.22
STANTON
28,427
1.22%
3.13
0.47%
0.801911%
$8,019.11
TUSTiN
49,409
2.12%
8.58
1.28%
1.615939%
516,159.39
VILLA PARK
6,959
0.30%
2.08
0.31%
0.289259%
52,892.59
WESTMINSTER
73,403
3.16%
10.19
1.52%
2.219791%
$22,197.91
YORBA LINDA
52,367
2.25%
17.96
2.68%
2.339973%
523,399.73
COUNTY OF ORANGE
234,032
10.06%
255.16
38.01%
22.831329%
$228,313.29
COUNTY FLOOD CONTROL
................................................................................
5.000000%
$50,000.00
2,326,211
100.00%
671.38
100.00%
100.000000%
$1,000,000.00
:zzzzazzzzzzazzzzzzzzazzzzzzszzzazzzaaszzzzzzzzzazzzzzzzazzzzzzzzzzzzzazzzzzzazz
NUMBERS MAY NOT FOOT DUE TO ROUNDING
• Source: California State Department of Finance
" Source: Environmental Management Agency - Surveyor/Boundary 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
14.70
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:
State Parks:
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:
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
E1 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
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
E1 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
BOARD OF SUPERVIS•S
ORANGE COUNTY, CALIFORNIA
MINUTES
December 18, 1990
COOPERATIVE AGREEMENT AND IMPLEMENTATION PLAN -- NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM (FLOOD): Environmental Management Agency
requests approval of the National Pollutant Discharge Elimination System
(NPDES) Permit Implementation Agreement and three related position
exchanges.
MOTION: On motion by Supervisor Roth, seconded by Supervisor Vasquez,
the Board moved to: 1. Acting as the Orange County Flood Control
District, authorize execution of agreements with 29 cities as submitted.
2. Authorize the addition of two Environmental Resource Specialist III
and one Environmental Resources Specialist II. 3. Delete two Civil
Engineers, limited -term and one Building Inspector IV. 4. Approve
establishment of National Pollutant Discharge Elimination System Permit
Unit under the Environmental Resources Division. 5. Amend master
position control as indicated on submitted Unbudgeted Position Request
forms. MOTION UNANIMOUSLY CARRIED.
0
September 27, 1990
Mr. D. R. Collacott
County of Orange
Environmental Resources Division
10852 Douglass Road
Anaheim, California 92806
dna.► �
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41
�IO(OR IOINIFO
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1776
Re: National Pollutant Discharge Elimination System
Dear Mr.Collacott:
MEMBERS OF THE CITY COUNCIL
ANTHONY L. BLAND
LAWRENCE F. BUCHHEIM
KENNETH E. FRIESS
GARY L. HAUSDORFER
PHILLIP R. SCHWARTZE
CITY MANAGER
STEPHEN B JULIAN
Pursuant to your request, enclosed are two original City of San Juan Capistrano
signatures pages from the National Pollutant Discharge Elimination System
Stormnwater Permit Implementation Agreement for Santa Ana/San Diego
Regions. When the Agreement has been approved and signed by the Board of
Supervisors and the participating cities, please return a fully -executed copy to the
City Clerk's Office. ( ,
�24ZW _ /�
Thank you for your assistance in this matter. `t+�`
Very truly yours, 1A011/
/2��
Cheryl JoTinson
City Clerk
Enclosure
cc: Ted Simon
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
32400 PASEO APELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171
9
September 27, 1990
Mr. D. R. Collacott
County of Orange
Environmental Resources Division
10852 Douglass Road
Anaheim, California 92806
Re: National Pollutant Discharge Elimination System
Dear Mr.Collacott:
MEMBER* 01 THE CITY COUNCIL
ANTHONY L. ELAND
LAWRENCE P. BUCHNEIM
KENNETH E. PRIEES
GARY L. HAUEOORPER
PHILLIP R. SCHWARTZE
CITY MANAGER
STEPHEN B JULIAN
Pursuant to your request, enclosed are two original City of San Juan Capistrano
signatures pages from the National Pollutant Discharge Elimination System
Stormnwater Permit Implementation Agreement for Santa Ana/San Diego
Regions. When the Agreement has been approved and signed by the Board of
Supervisors and the participating cities, please return a fully -executed copy to the
City Clerk's Office.
Thank you for your assistance in this matter.
Very truly yours,
C�Jo
City Clerk
i Enclosure
cc: Ted Simon
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
32400 PASEO AOELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92673 0 (714) 499.1171
P 178 121 322
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED
NOT FOR INTERNATIONAL MAIL
(See Reverse)
Sent to
SENDER: omp Ilsrttr 1 and aahre - -
3 and 4.
&i Co 7'1'._
Put your addres in th ' RETTURN TD" Space on the reverse side. Failure to do this will prevent this card
from being retur ed to tou. The'return receipt fee *ill orov' the bf the oeraon delivered to and
th f ,y6µ,��� edd&w�t flees a eervleine eNabN• Conor t�T postmaster o a%s
an C F esl torimal BBrViCBIeIIBEyIrMd:
1. ❑ Show to whom delivered. date, a addMsaae's addren. 2. ❑ Restricted Delivery
(Bum charge) (mons charge)
Street and No
Article Addressed to:
4. -Article Number
State and 21P Code
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$
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Certifled Fee
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or agent antl DAYE DELIVERED.
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Signature — Addressee
Return Receipt Showing
X
to whom and Date Delivered
requested and fee paid)
Return receipt showing to whom,
X
Date, and Addr u of Delivery
TOTAL rts}
$
Pos or
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PS Form 3811,`Apr. 1989 aua.G.Ro. 1980-car1e DOMESTIC RETURN RECEIPT
SENDER: omp Ilsrttr 1 and aahre - -
3 and 4.
w desired, end complete its s
i
Put your addres in th ' RETTURN TD" Space on the reverse side. Failure to do this will prevent this card
from being retur ed to tou. The'return receipt fee *ill orov' the bf the oeraon delivered to and
th f ,y6µ,��� edd&w�t flees a eervleine eNabN• Conor t�T postmaster o a%s
an C F esl torimal BBrViCBIeIIBEyIrMd:
1. ❑ Show to whom delivered. date, a addMsaae's addren. 2. ❑ Restricted Delivery
(Bum charge) (mons charge)
3.
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Always obtain elgnsture of addressee
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5.
Signature — Addressee
8.'Addressee's Address (ONLY if
X
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requested and fee paid)
6. SignetrIq
— Agent
X
7. Date of Delivery
PS Form 3811,`Apr. 1989 aua.G.Ro. 1980-car1e DOMESTIC RETURN RECEIPT
•
MEMORANDUM
9
September 26, 1990
TO: Cheryl Johnson, City Clerk
�
{�,�w V
FROM: Theodore G. Simon, City Engineer; ""
SUBJECT: National Pollutant Discharge Elimination System
(NPDES) For Urban Storm Water Runoff
On April 3, 1990, the City Council authorized the Mayor and the City Clerk to execute
the Joint Agreement with the County of Orange for implementation of the NPDES
permit in a form approved by the City Attorney.
Attached are the April 3, 1990 agenda item, agreement and minutes. It must be noted
that the agreement has been revised to effect more explicit language. There is
essentially no substantive changes in the intent of the agreement. The approved 1990/91
budget of $17,500 is still most realistic. (Attached is a copy of the latest agreement
which has the revised language highlighted.)
Attached are two original agreements approved as to form by the City Attorney for
execution by the Mayor and the City Clerk at this time. The County of Orange has
requested that the agreement be "approved and signed by the appropriate
representatives" and submit a certified copy of the City's signature page via registered
mail by October 15, 1990 to County of Orange, Environmental Resources Division, 10852
Douglass Road, Anaheim, California 92806, Attention D.R. Collacott.
TGS:aw
Attachments
cc: Carole Jacklin, Council Services Manager
Ray A. Wellington
0 0
Award of Contract:
It was moved by Councilman Buchheim, seconded by Councilman
Bland, and unanimously carried that the Agreement for
Consulting Services be awarded to Deist-Binsfield, Inc., in
the amount of $126,544, to manage the contract for widening
the Trabuco Creek Bridge and approaches at Rancho Viejo Road.
Written Communication:
Report dated April 3, 1990, from the Director of Public
Works, forwarding a License Agreement which would allow Craig
and Jeanne Petrik, 26751 Dominion Way, to construct and
which is located on their property.
Approval of License Agreement:
It was moved by Councilman Friess, seconded by Councilman
Buchheim, and unanimously dried that the License Agreement
be approved. The Mayor and City Clerk were authorized to
execute the Agreement, and the City Clerk was authorized to
forward the Agreement to the County Recorder for recordation.
((3I/ NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) FO
TTRRAN gTnRMWATRR RTTMnPF /r.7n lni
Written Communication:
Report dated April 3, 1990, from the Director of Public
Works, regarding the City's requirement to apply for a
Stormwater Discharge Permit under the National Pollutant
Discharge Elimination System Program, a fedp*ally mandated
vrQgram Wh_ l Ch YP(�1'�� �a the estahl i�hmont of a stormwater
management program by municipalities. Staff recommends
Agreement for Implementation, with several cities acting as
co -permittees. Participating cities would pay their fair
share of EMA costs, with an estimated cost to the City of
approximately $24,000 per year, exclusive of City time.
Mr. Murphy made an oral presentation, emphasizing the cost
effectiveness of coordinating efforts with the County. It
was noted that there would be no compensation to the City.
Authorization of Permit:
It was moved by Councilman Bland, seconded by Councilman
Buchheim, and unanimously carried that:
(1) The City be authorized to be a co -permittee on the
application for the Orange County NPDES permit;
-8-
4/3/90
lie
(2) The Director of Public Works be authorized to sign the
application and permit on behalf of the City;
(3) The Mayor and City Clerk be author
; and
(4) That a budget be e
in
:.YI 1 • Y!. • _ • : Yl I • • :Iy� �
Written Communication:
Report dated April 3, 1990, from the City Clerk, advising
that the Ordinance was introduced at the meeting of March 20,
1990, and was scheduled for adoption.
Adoption of Ordinance:
The City Attorney read the title of the Ordinance next in
order. Further reading of all Ordinances had been waived
earlier in the meeting. It was moved by Councilman Friess,
seconded by Councilman Buchheim, that the following Ordinance
be adopted:
(rAMTNO QVT. "TON) - AN ORDINANCE OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING PRIMA
FACIE SPEED LIMIT ON CAMINO DEL AVION FROM DEL
OBISPO STREET TO THE WEST CITY LIMITS BY AMENDMENT
SECTION 4-6.501, ARTICLE 5, TITLE 4 OF THE SAN JUAN
CAPISTRANO MUNICIPAL CODE
The motion carried by the following vote:
AYES: Councilmen Bland, Buchheim,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Schwartze
-9-
4/3/90
AGENDA ITEM April 3, 1990
TO: Stephen B. Julian, City Manager
FROM: W. D. Murphy, Director of Public Works
SUBJECT: National Pollutant Discharge Elimination System (NPDES) for Urban
Stormwater Runoff
SITUATION
On February 4, 1987, Congress passed the Water Quality Act of 1987 amending the 1972
Clean Water Act. Under this Act, the Environmental Protection Agency is required to
regulate stormwater that discharges into waters of the United States. Municipalities,
counties, and other government agencies which discharge stormwater will be required to
apply for a Stormwater Discharge Permit under the National Pollutant Discharge
Elimination System Program.
The draft regulations issued in December 1988 by the EPA suggest that the permit
program would require Municipalities to, among other things, establish stormwater
management programs consisting of the following elements:
1. Water quality monitoring program to characterize discharges and identify source of
pollutants.
2. Annual Facility Inspection Program to identify and eliminate illegal and illicit
connections of industrial and sewage discharges to the drainage facility.
3. Land Use Best Management Practice (BMP) program to reduce the sources of non -
point pollutants. This would include such measures as requiring erosion controls on
development criteria for new developments as opposed to water treatment works, a
non-structural rather than a structural approach to the problem.
4. Facility design criteria to reduce the transport of pollutants.
5. Hazardous material management programs including household hazardous waste and
waste oil management programs.
6. Water Pollution Enforcement Program with intent to eliminate discharges of
pollutants to storm drains.
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 stormwater 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.
FOR CITY COUNCIL AGE,. "
/43
AGENDA ITEM • .
April 3, 1990
Page 2
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. Though the level of effort to be
expected of the City is not yet known, the attached Agreement for Implementation does
indicate specific areas of effort/responsibility of the City. As a minimum, it is
concluded that 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 now known. During the initial permit term, the City's 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.
For the work to be done by the County in support of the cities, an Implementation
Agreement has been developed and is attached. 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 Flood Control District will pay 5% of the total cost of the program.
Under normal circumstances, a permit application would be submitted to the San Diego
Regional Water Quality Board (the local agency designated by EPA to regulate the
NPDES program) after the final 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 on the Federally -mandated
program, but patterned in a manner more feasible and acceptable to all Orange
County agencies.
3. Implementation time line will be those developed by the County and the cities and
not those mandated by the July guidelines. This should allow the implementation
period to be extended over a longer period of time which would benefit all agencies
greatly.
4. The San Diego 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.
NOTIFICATION
Not applicable.
COMMISSION/BOARD REVIEW, RECOMMENDATIONS
Not applicable.
AGENDA ITEM . •
April 3, 1990
Page 3
FINANCIAL CONSIDERATIONS
The cost of the program has been estimated at between $107,000 and $215,000 per year,
exclusive of City staff time. The exact cost will only be known upon approval of the
permit application. The City's share of the cost of the program is estimated to be
between $7,200 and $17,500, exclusive of City staff time. The disparity in the range is
due to the possibility of two rather than one permit being required; one for San Diego
Regional Water Quality Control Board Cities and County, and another for the Santa Ana
RWQCB City and County. The City's pro -rata share in the total cost increases under the
single permit method.
If the City were to undertake compliance with the permit program, it would cost $24,000
per year exclusive of City staff time. It is necessary to establish a budget and transfer
$17,500 from the General Fund to cover the estimated costs of the program.
ALTERNATE ACTIONS
1. Request additional information from Staff.
2. Do not authorize the City to be a co -permittee for the Orange County NPDES
Permit, nor authorize the Mayor and the City Clerk to execute the Implementation
Agreement.
3. Authorize the City to be a co -permittee on the application for the Orange County
NPDES permit; and
a. Authorize the Director of Public Works to sign the application and permit on
behalf of the city.
b. 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.
c. Establish a budget and transfer $17,500 from the General Fund for the cost of
the program.
RECOMMENDATION
Authorize the City to be a co -permittee on the application for the Orange County
NPDES permit; and
a. Authorize the Director of Public Works to sign the application and permit on
behalf of the city.
b. 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.
c. Establish a budget and transfer $17,500 from the General Fund for the cost of
the program.
Respectfully submitted,
AJ,(v SSC
W. D. Murphy
WDM/TGS:nb
Attachments
0 0
Mr. Gerard J. Thibeault
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) STORMWATER PERMIT LETTER -APPLICATION
Dr. Mr. Thibeault:
Please find enclosed the Orange County NPDES Stormwater Permit
Letter -Application for the County of Orange, the Orange County Flood
Control District and the Cities of Anaheim, Fullerton and Orange. The
Cities and the District submit the application -letter as co -permittees with
the County designated as the Lead Agency for permit implementation,
enforcement and contact with the California Regional Water Quality Control
Board, Santa Ana Region. The proposed permitting area is within the
borders of the County of Orange and defined on the Drainage Facility Map in
Attachment lb.
As requested this Letter -Application includes:
1. a) A topographic map extending beyond the boundaries of the
permitting area showing cities and major water courses.
b) A flood control facility map for the permitting area showing the
storm drainage system.
2. A listing of all the cities within the permitting area with current
population estimates.
3. A listing of other entities within the permitting area likely to
discharge pollutants which could contaminate stormwater.
4. A summary of the existing stormwater monitoring program, with existing
monitoring stations, flow stations and rain gages plotted on provided
maps (see attachment lb).
5. Copies of available ordinances from within the permitting area which
address existing legal authority to regulate stormwater runoff with
pertinent sections indicated on the cover.
6. A check for ten thousand dollars for the application fee.
As discussed with your staff, the maps described in attachments la and lb
will be combined and resubmitted to your staff as soon as possible.
In addition, please find a copy of the latest draft copy of an
Implementation Agreement for the NPDES Stormwater Permit Program. This
agreement describes the general strategy the County and the Cities will use
to comply with the requirements of this program.
If other action is required or if you have any questions please call:
Mr. Robert Collacott (714) 567-6360
We look forward to working with your Board to develop and implement the
permit requirements.
Very truly yours,
W. L. Zaun
County of Orange
Director of Public Works
Frank V. Page
City of Orange
Director of Public Works
Hugh L. Berry
City of Fullerton
Assistant City Manager/Director of
Engineering and Community Development
Gary E. Johnson
City of Anaheim
Director of Public Works/City Engineer
R