HomeMy WebLinkAboutCC AG PKT 2007-12-10 # N
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AGENDA REPORT
DATE: December 10, 2007
TO: Honorable Mayor and City Council
THRU: David N. Carmany, City Manager
FROM: Vince Mastrosimone, Director of Public Works
SUBJECT: ,RENEWAL OF NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM AUTHORIZED INSPECTORS
AGREEMENT
SUMMARY OF REQUEST:
The proposed City Council action will authorize renewal of Water Quality Ordinance
Implementation Agreement Number D02-129 for the National Pollutant Discharge Elimination
System (NPDES) Authorized Inspectors between the Orange County Flood Control District and
the City of Seal Beach.
BACKGROUND:
In response to Amendment 1087 of the Clean Water Act (CW A), the United States
Environmental Protection Agency (EPA) developed the NPDES permit. This program addresses
sources of storm water runoff that has the greatest potential to negatively impact water quality.
The County of Orange Public Facilities and Resources Department administers the County
permit for the State of California, and Seal Beach is a co-permitee along with other
Governmental Agencies.
In February 2003, the City Council authorized the original Water Quality Ordinance
Implementation Agreement Number (D02-129). This agreement allowed the District to be
named as the Authorized Inspector for the City of Seal Beach in the event of a major or
substantial water pollution incident response, clean up and/or enforcement activities associated
with any ongoing investigations. Seal Beach Public Works staff still serves as the fIrst response
inspectors. This original agreement had a two-year term which was renewed in 2005 and is
currently up for renewal.
FISCAL IMPACT:
The cost of this agreement is $302 annually and ongoing call out costs will be billed at an hourly
basis. There is funding available within the Storm Drain intergovernmental account. If it is
anticipated that additional funding is required for additional inspection, a budget amendment will
be required and brought to the City Council.
Agenda Item ~
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RECOMMENDATION:
It is recommended that the City Council approve Resolution No._ authorizing the City
Manager to execute renewal of Water Quality Ordinance Implementation Agreement Number
D02-129 for the National Pollutant Discharge Elimination System (NPDES) Authorized
Inspectors between the Orange County Flood Control District and the City of Seal Beach.
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NOTED AND APPROVED:
Vince Mas imone
Director of Public Works
er-.:ra
DavidN. C y
City Manager
Attachment: Water Quality Implementation Agreement No. D07-100
Proposed Resolution No.
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RESOLUTION NUMBER
A RESOLUTION OF THE CITY COUNCn. OF THE CITY OF
SEAL BEACH APPROVING WATER QUALITY ORDINANCE
IMPLEMENTATION AGREEMENT NO. 007-100 BETWEEN THE
CITY OF SEAL BEACH AND THE COUNTY OF ORANGE FOR
AUTHORIZED NPDES INSPECTORS
The City Council of the City of Seal Beach hereby resolves as follows:
SECTION 1. The City Council hereby approves renewal of Water Quality
Ordinance Implementation Agreement No. D07-loo between the City of Seal Beach and
the County of Orange for Authorized NPDES Inspectors.
SECTION 2. The Council hereby directs the City Manager to execute the
Agreement with the County of Orange.
PASSED, APPROVED AND ADOPTED by the City Council of Seal Beach, at a regular
meeting held on the 10th day of December. 2007 by the following vote:
AYES: COUNClLMEMBERS
NOES: COUNClLMEMBERS
ABSENT: COUNClLMEMBERS
ABSTAIN: COUNClLMEMBERS
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Mayor
ATTEST:
City Clerk
STATE OFCALlFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk for the City of Seal Beach, California, do hereby certify that
the foregoing resolution is the original copy of Resolution Number_ on file in the
oftice of the City Clerk, passed, approved, and adopted by the City Council of the City of
Seal Beach at a regular meeting held on the 10th day of December, 2007.
City Clerk
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Agreement No. 007-100
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WATER QUALITY ORDINANCE IMPLEMENTATION AGREEMENT WITH TIlE CITY OF SEAL BEACH
THIS AGREEMENT, hereinafter referred to as "AGREEMENT" and for purposes of
identification numbered 007-100, is made and entered into this day
of , ____, by and between the City of Seal Beach, a municipal
corporation, hereinafter designated as "CITY" and the Orange County Flood Control
District, q body corporate and politic, hereinafter referred to as "DISTRICT".
These entities are hereinafter sometimes jointly referred to as I. PARTIES" and
individually as "PARTY".
WIT N E SSE T H
WHEREAS, pursuant to 33 United States Code Section 1251 et seq., as amended
the PARTIES are subject to a municipal National Pollutant Discharge Elimination
System (NPDES) Stormwater Permit and 40 CFR 122.26 (d) (2) (i) (A-F), which requires
each to control various potential pollutant sources into the municipal storm drain
system through enforcement of an adequate system of local legal authority; and
WHEREAS, on December 18, 1990 the County entered into the National Pollutant
Discharge Elimination System Stormwater Permit Implementation Agreement
(hereinafter referred to as "IMPLEMENTATION AGREEMENT") with CITY and other
parties. This IMPLEMENTATION AGREEMENT was subsequently amended on October 26,
1993; and
WHEREAS, the IMPLEMENTATION AGREEMENT specifies that the CITY is principally
responsible for implementing the National Pollutant Discharge Elimination System
Permit within its jurisdictional bounda~ies; and
WHEREAS, the IMPLEMENTATION AGREEMENT contains provisions allowing CITY to
name DISTRICT as "enforcer of a water pollution control ordinancelr; and
WHEREAS, CITY has adopted a water quality ordinance (hereinafter referred to
as "CITY ORDINANCE") that provides in Section that the CITY may "contract
for s~rvices of any public agency or private enterprise to carry out the planning
approvals, inspections, permits and enforcement authorized by this Ordinance'.; and
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Agreement No. D07-100
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WHEREAS, said CITY ORDINANCE defines "AUTHORIZED INSPECTOR" as persons
2 designated to investigate compliance and detect violations of the CITY ORDINANCE;
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4 WHEREAS, said CITY ORDINANCE contains provisions to control pollutants from
5 both existing and new urban development and significant redevelopment; and
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WHEREAS, Section 9-1-90 (c) of those Codified Ordinances of the DISTRICT
7 relating t9 Storm Water Management and Urban Runoff provides that "the DISTRICT
8 may, upon designation by any city within COUNTY , and at no cost to DISTRICT, be
9 named as an AUTHORIZED INSPECTOR for that city"; and
10 WHEREAS, similar agreements have been previously executed in the past five
11 years. Commencing in 2002, 29 cities have executed the WATER QUALITY ORDINANCE
12 IMPLEMENTATION AGREEMENT. Subsequently, after the initial three year term, these
13 agreements were extended for additional 3 years by AMENDMENT NO. ONE to the
14 original agreements. The terms of these agreements and their related amendment
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will be expiring; and
16 WHEREAS, in furtherance of said program implementation, CITY now wishes to
17 contract with DISTRICT to serve as AUTHORIZED INSPECTOR pursuant to the CITY
18 ORDINANCE, and to pay DISTRICT for the full cost of providing those services; and
19 WHEREAS, DISTRICT is willing to provide such services to the extent allowed
20 by available staffing resources (See Section l(g)and 2(a))and to accept payment
21 from CITY for the full cost of providing those services.
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23 NOW, THEREFORE, the PARTIES hereto, in consideration of the mutual covenants
24 and agreements contained in this AGREEMENT, agree as follows:
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26 SECTION 1. DISTRICT RESPONSIBILITIES
27 Upon request from designated CITY representatives, DISTRICT, upon availability of
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staffing resources, is authorized to:
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(a) Act as AUTHORIZED INSPECTOR on behalf of CITY and shall investigate compliance
30 with, detect violations of, and/or take actions 'pursuant to the CITY ORDINANCE,
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Agreement No. D07-l00
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generally including activities such as water pollution incident response,
2 clean-up and/or enforcement activities associated with the following:
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(i)
In response to specific pollutant releases originating from within CITY
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limits;
5 (ii) In response to specific pollutant releases originating from within CITY
6 limits that are detected in DISTRICT facilities; and
7 (iii) Ip response to adverse findings of water quality monitoring that are
8 attributable to specific pollutants originating within CITY limits.
9 (b) Perform services in Section (al of this AGREEMENT as set forth in the CITY
10 ORDINANCE and its accompanying Enforcement Consistency Guide;
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(i)
Notify designated CITY National Pollutant Discharge Elimination System
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Permit representative of request for water pollution incident response,
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clean-up and/or enforcement activities received from designated CITY
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representatives and Departments;
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(ii) Prepare annual list of investigations conducted on CITY's behalf for CITY
16 to submit in the Annual Program Effectiveness Assessment Report to the
17 Regional Water Quality Control Board(s);
18 (c) Upon written request by the CITY;
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(i)
Provide to CITY all incident reports and related documents prepared in
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connection with DISTRICT'S performance under this AGREEMENT and make such
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records available for inspection by authorized representatives of CITY
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during normal business hours;
23 (ii) Utilize services of outside consultants and contractors to aid in the
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investigation, cleanup and/or enforcement activities undertaken pursuant
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to this AGREEMENT. If this is required, DISTRICT shall utilize
26 consultants and contractors hired by the CITY under the CITY'S standing
27 purchase order agreements;
28 (d) Invoice CITY within forty-five (45) days of the signing of this AGREEMENT by
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the DISTRICT Director for the initial annual pollution response on-call fee
30 identified in Exhibit A, prorated for the balance of the fiscal year ending
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Agreement No. D07-l00
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June 30th from the date of AGREEMENT signing. For subsequent billing years, by
June 30th of each year DISTRICT shall review and revise Exhibit A as necessary
based on the then current on-call labor rates, the number of cities contracting
with DISTRICT for water quality ordinance services and the latest land area and
population data as specified in the IMPLEMENTATION AGREEMENT. Thereafter,
DISTRICT shall invoice CITY within 60 days of the beginning of each fiscal year
(July ~) based on the revised Exhibit A.
(e) Invoice CITY on a monthly basis for all work performed by DISTRICT under this
AGREEMENT on behalf of CITY. DISTRICT will not invoice any 'PERSONN, as
defined in CITY ORDINANCE, identified as causing or contributing to a violation
of said ORDINANCE. Invoice from DISTRICT to CITY shall include actual costs
incurred by DISTRICT for labor, equipment and services. Said actual costs
include overhead (indirect costs such as tools, computers, etc.) and burden
(employee benefits) .
(f) DISTRICT shall indemnify, defend with counsel approved by CITY, and hold CITY,
its elected and appointed officials, officers, agents, employees and
contractors free and har.mless from any claim, cause of action, or liability
whatsoever, based or asserted upon any act or omission of DISTRICT, its elected
and appointed officials, officers, agents, employees and contractors, for
property damage, bodily injury or death or any other element of damage of any
kind or nature, relating to or in any way connected with or arising from the
accomplishment of the services to be performed by DISTRICT under this
AGREEMENT, except as provided for in Sections 2 (h) and 2 (i) below.
(g) Nothing in this AGREEMENT shall be interpreted as an assumption by DISTRICT of
any obligations the CITY may have under law or applicable permits to implement
a municipal NPDES stormwater program. This AGREEMENT is solely for the purpose
of authorizing DISTRICT personnel to act as AUTHORIZED INSPECTOR for the CITY.
This AGREEMENT creates no obligation to provide those services. AUTHORIZED
INSPECTOR services will be provided only to the extent permitted by DISTRICT
resources.
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Agreement No. D07-l00
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S~CTION 2. CITY RESPONSIBILITIES:
CITY shall:
(al Identify, in writing, the designated CITY National Pollutant Discharge
Elimination System (NPDES) Permit and Authorized Inspector representatives that
will be responsible for water pollution incident response, clean-up and/or
enforc~ment activities when DISTRICT involvement is not requested, approved or
available. The designations shall include representative names, titles,
departments and business/after hours phone numbers;
(b) Designate in writing those CITY representatives authorized to submit service
requests to DISTRICT on behalf of CrTY. Any request from Orange County Fire
Authority/CITY Fire Department and Orange County Sheriffs Department/CITY
Police Department shall represent CITY approval. The designations shall include
representative names, titles, departments and business/after hours phone
numbers;
(c) Meet periodically with DISTRICT to discuss the services being provided, review
individual cases, and ensure DISTRICT enforcement activities are consistent
with CITY ORDINANCE and accompanying Enforcement Consistency Guide;
(d) Provide in writing any requests for incident reports or related documents
prepared in connection with DISTRICT'S performance under this AGREEMENT
(Section 1 (c) ill;
(e) Provide information in writing regarding any standing purchase order agreements
issued by CITY for employment by DISTRICT of outside consultants and
contractors (Section 1 (cl ii)). Information provided should include
contractor/consultant contact information, purchase order number and services
provided;
(f) Make payment to DISTRICT within thirty (30l days of receipt of annual pollution
response on-call fee as identified in Exhibit A or monthly invoice from
DISTRICT for work performed in accordance with this AGREEMENT and invoice any
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Agreement No. D07-100
"PERSON", as identified in CITY ORDINANCE, identified as being responsible for
violations of the water quality ordinance;
(g) Assume any and all liability for failure to approve needed work and
expenditures to respond to pollutant releases;
(h) CITY shall indemnify, defend with counsel approved by DISTRICT, and hold
DISTRICT, its elected and appointed officials, officers, agents, employees and
contra~tors, free and harmless from any claim, cause of action or liability
whatsoever, based or asserted upon any act or omission of CITY, its elected and
appointed officials, officers, agents, employees and contractors for property
damage, bodily injury or death or any other element of damage of any kind or
nature, specifically relating to or in any way connected with or arising from
the extent and/or adequacy of investigation, or clean-up of pollutants on
behalf of CITY, performed by, on behalf of, or under the supervision of
DISTRICT personnel, acting in good faith and with due diligence in fulfillment
of DISTRICT's responsibilities pursuant to this AGREEMENT; and
(i) Where CITY staff is providing pollution response duties hereinunder, CITY shall
indemnify, defend with counsel approved by DISTRICT, and hold DISTRICT, its
elected and appointed officials, officers, agents, employees and contractors
free and harmless from any claim, cause of action, or liability whatsoever,
based Or asserted upon any act of CITY, its elected and appointed officials,
officers, agents, employees and contractors, for property damage, bodily injury
or death or any other element of damage of any kind or nature, relating to or
in any way connected with or arising from the accomplishment of services
performed by CITY in implementing or enforcing CITY ORDINANCE to which DISTRICT
was not a party of.
SECTION 3. GENERAL PROVISIONS
(al ~he initial term for this AGREEMENT is for a period of one (1) year commencing
with the date of the execution of this AGREEMENT (Initial Term). The term of
this AGREEMENT will automatically extend for an additional year at the end of
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Agreement No. D07-l00
the Initial Term of this AGREEMENT and each year thereafter unless either
party provides a written notice to other party no less than 6 months before
the expiration of the term of the AGREEMENT of its intent not to renew.
Nothing in this clause is to be interpreted, however, to limit the rights of
the party to terminate the AGREEMENT pursuant to the provisions of the
Termination Clause(Section 3 (b));
(b) Either:party may terminate this AGREEMENT in advance of the termination date,
upon six (6) months written notice to the other party sent to the following
addresses:
DISTRICT:
Orange County Flood Control District
Attn: Director, Resources and Development Management Department
Post Office Box 4048
Santa Ana, California 92702-4048
CITY:
City of Seal Beach
Attn: City Manager
Seal Beach
Seal Beach, California Seal Beach
Upon termination by either PARTY, DISTRICT shall inform the CITY of any ongoing
investigations prior to the termination date and return the prorated share of
any remaining annual pollution response on-call fees within forty-five (45)
days after the termination date for the fiscal year in which the termination
occurs. Upon termination it will be the responsibility of the CITY to complete
any water pollution incident response, clean-up and/or enforcement activities
associated with any ongoing investigations.
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(c) PARTIES agree to fully cooperate with and assist one another in all matters
pertaining to losses arising from costs not reimbursed by any "PERSON", as
identified in CITY ORDINANCE, in performance of this AGREEMENT. If a claim is
made, or suit is brought against a PARTY to this AGREEMENT likely to be related
to the performance thereof, said PARTY shall immediately forward every claim,
demand, notice, summons or other process received by it to the other PARTY
hereto.
(d) If any part of this AGREEMENT is held, determined or adjudicated to be illegal,
void or unenforceable by a court of competent jurisdiction, the remainder of
this AGREEMENT shall be given effect to the fullest extent reasonably possible.
(e) No alteration or variation of the terms of this AGREEMENT shall be valid unless
made in writing and signed by the PARTIES hereto, and no oral understanding or
agreement not incorporated shall be binding on any of the PARTIES hereto.
(f) The PARTIES to this AGREEMENT represent and warrant that this AGREEMENT has
been duly authorized and executed and constitutes the legally binding
obligation of their respective organization or entity, enforceable in
accordance with its terms.
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IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on
the dates opposite their respective signatures:
ORANGE COUNTY FLOOD CONTROL DISTRICT,
a body corporate and politic,
Date:
By:
Director,
Resources & Development Management
Department
APPROVED AS TO FORM
COUNTY COUNSEL
Date:
By:
Deputy
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Agreement No. 007-100
. 1 CITY OF SEAL BEACH
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6 Date: By:
7 , Mayor
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11 APPROVED AS TO FORM:
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16 City Clerk City Attorney of Seal Beach
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Exhibit A
Water Quality Ordinance Implementation Agreement
Pollution Response Annual Fixed Cost Fee
FY 2007-2008....
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Pennltt8e Population. Area (sq. mi.) ~ Weighted Ave~~\e Annual Fe....
Share of Revenue %) FY 2007-2008
~~.i.jktt~~!~.e.~$:( 'iM?.f~ ~~6.ii2f':''l' :t~H3503mfJ' ""<.i.;;' ~~., ",.,
.l1'~"~~{ ,",,:';q~~S'
... t.... ~~.. . . , ?"~ ...~t ..f:>'~ It: ;''':'f'''J~'I.J ".1 <oP;"t:"' . 1.1'"~..~ .". .. ~
A'l!tl..IJI--.. ,.. . ~-f., I t ~ 3i.~,410'...,1.. ~~. :4~._ ..~ ;. -;.. ..I;...~.2~9;! ..~98~. . ~..;,!~ ~3 J....1(
. "';101,,,",, I ~ ......... f'I ",.Jl1 ~'.. !lJ..&'
Brea 39,5S0 11,98 1.368194047 $651
Buena Park 81,349 10.55 1.885897552 $897
1';\.~~..~t...wf.\,'!If..,~"f .,~.. 't -~.Pf."or.~~ ~0(1'~ ....~'''''. ';~~"lI1:"H'"Ir,,"tI:,g.,~ "I~"- '.'
COsta Mesa!" "",tier., . ~ ; ~d!,;l,~3fl : ".' '>J .1~.8.~ r.,\~; ..... ',~,~Wllf9~a'.~., ""..... ,'.11,?~'TS~J:1
.. ._. . _... .......t
Cypress 48,854 S.SO 1.149972662 $547
Dana Point 3S,SS9 6.43 0.9S03S3539 $457
Fountaln-Valley 57,405 9 05 1.43S523973 $S83
Fullerton 13S,428 2232 3.4S7492139 $l,S49
Garden Grove 171,7S5 17.92 3,S951329S5 $1,757
....~~...foi;~ ....r"'...". I ~~"f .....~ .-t'-. :~.\li.'" .-:......t.tJ. .t.~ ,..!If~'f.....~.t"1P..y~ fE' ~Il; ."l...t..... ...~i'itr.:.='
t,liTnti .g!. .~~~-:t'I'~t:". .'...:~201.9DQ.. '.r ....'...,;n~.~I.'ll :'.ilf . Q~t"'~7~~~::<'1t ;''f'1..'' $2,23~ ",t ~1
Irvine 193,785 65.98 7.18258S244 $3.415
La Habra S1,789 7.36 1.369418324 $SSI
La Palma lS,081 1,80 0.353999756 $IS8
Laguna Beach 24,963 8.83 0.947017648 $450
Laguna Hills 33,225 S.64 0.9237S5991 $439
Laguna Niguel 66,178 14.79 1,942991759 $924
Laguna Woods 18,334 3.04 0.4S8649664 $223
Lake Forest 78,859 lS.78 2,259721101 $1,074
Los Alamltos 12,004 2.01 0.308133779 $147
Mission Viejo 97,997 1793 2.S15S75324 $1,244
..a.~'[l.,~~~ '51.........;'~ ''!' .~ . ~ ....".~ 'Mr'''~' .'...... :!lit>".c.."'".....,....~' ~gg";O_...,..t
~EtWp.o!H3Qi!91.m ~JI :";~;J% 't1t~~:~U;,'l ~.. .~~:f!4':.t~ t":. ' "',~~64~.E1~~. ' _ .lM~~J,,-:';;"
Orange 137,801 25,78 3.71545714 $I,7S7
Placentla 51,236 S.S2 1,166167191 $564
Rancho Santa Mergar1ta 49,130 12.94 1.57154Q32S $747
San Clemente 66,280 17.S8 2.134808822 $1,015
San Juan Capistrano 36,073 13.28 1.401432712 $SSS
Senta Ana 351,322 27.35 S.945240264 $3,302
Seal Beach 25,296 4.02 O,S35155827 $302
Stanton 38,7S1 3,09 0,771036018 $3S7
Tustin 71,767 11,14 1,784452225 $848
Villa Park 8,218 2.08 0.228024877 $106
westminster 92,408 10,05 2.014896247 $958
Yorna Linda 66,794 19.82 2.283268487 $1,08S
County of Orange 120.174 175.55 13.32060061 $6,333
OCFCO 0 0.00 10 $4,755
TOTALS 3,073,336 683.310 100.00000 $47,648
. Source: State of California. Department of Finance, E-1 CltylCounty Population Estimates with Annual
Percent Change January 1, 2005 and 2006, Sacramento, CalKomla May 2006. Available at
httD./twww.dof ca.aav/HTMUDEMOGRAPlReDDrtsPaDerslEstimateslE1/documentsIE~1tabIB xis
~ Source: RDMD - Geomabcs. Area was calculated In miles using the dry land area figures and
subtracting areas In each Jurisdiction for national forests, state parks, airports, landfills and military
Installations as determined In the NPDES Implementation Agreement
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- Annual Fee: Is the District's on-call annual cost which Is based the prior year's actual annual an..call staff
pay divided by Permittee share based on NPDES Implementation Agreement cost share lnespeclive of
the number of par1lclpeling cIlies.
- The Di&trict shall review and revise Exhibit A as necessary on June 30th of each year the based On the
cunent on-<:alllabor rates, the number of cities contracting with the DISTRICT for water quality ordinance
services end the latest lend area and population data (see Agreement Section 1 (d)).