HomeMy WebLinkAboutAGMT - Orange County Flood Control District (D02-048) Amendment No. 1
Stormwater Permit Implementation Agreement
1 Amendment No. 1 to
National Pollutant Discharge Elimination System
2 Stormwater Permit Implementation Agreement
Santa Ana /San Diego Regions
3,
4 This AMENDMENT entered into as of this day of •, 1992 by !�
5 the County of Orange, (herein called the COUNTY), the Orange County Flood Control
61 District (herein called the DISTRICT), and the Cities of Anaheim, Brea, Buena Park,
7! Costa Mesa, Cypress, Dana Point, Fountain Valley, Fullerton, 'Garden Grove, Huntington
8 Beach, Irvine, Laguna Beach, Laguna Hills, Laguna Niguel, Lake Forest, La Habra,
9 La Palma, Los Alamitos, Mission Viejo, Newport Beach, Orange, Placentia, San
10 Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Stanton, Tustin, Villa Park,
11 Westminster, and Yorba Linda (herein'called the CITIES) adds two additional
12 co- permittees, provides revised participant share calculations, and establishes the
13 NPDES Technical Advisory Committee.
14 RECITALS
15 WHEREAS, Section X of the Stormwater Permit Implementation Agreement
16 (hereinafter, AGREEMENT) states that the Agreement may be amended by consent of a
17 majority of the co- permittees which represent a majority of the percentage
18 contributions as described in Section IV of the AGREEMENT; and
19! WHEREAS, Section VI of the AGREEMENT states that any city which becomes
20 signatory to this AGREEMENT after the applications for the initial NPDES Stormwater
21 permits have been approved shall comply with all of the provisions of this AGREEMENT;
22 and,
23 WHEREAS, other government bodies or public agencies may request to become a
24 co- permittee to the AGREEMENT.
25 WHEREAS, program costs and participant share.calculations are based on the
26 original 31 co- permittees and do not include calculations for additional co-
- 27 permittees; and,
28 05-Aug-1992 -1-
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Amendment No. 1
Stormwater Permit Implementation Agreement
1 WHEREAS, administrative and technical tasks originally anticipated to be
2 handled by the co- permittees are best handled by a Technical Advisory Committee; and
3 NOW THEREFORE: The parties hereto do mutually agree as follows:
4 1. Newly- incorporated co- permittees by their signatures hereon, are added as
5 co- permittees to the AGREEMENT.
6 2. Participant share calculations shall be recomputed in accordance with the
7 AGREEMENT, as amended, when additional co- permittees are added. Amended calculations
8 and computation method are provided in Exhibit A.
9 3. The COUNTY as principal permittee may retain the services of professional
10 consultants and may fund, or contribute to funding technical and /or economic studies
11 conducted by professional organizations such as the American Public Works
12 Association.
13 _ 4. The co- permittees hereby establish a Technical Advisory Committee (herein
14 called COMMITTEE) consisting of five members chosen by the Orange County City
15 Engineers Association, and one member representing the County of Orange. The
16 Committee shall prepare By -laws for Technical Advisory Committee and submit same to
17 the co- permittees for approval. The Committee will act in an advisory role to the
18 co- permittees and implement policy previously established by the co- permittees.
19 5. This AMENDMENT may be executed in counterpart and the signed counterparts
20 shall constitute a single instrument.
21 6. This AMENDMENT incorporates the following Exhibits:
22 Exhibit A - Attachment 1 to Stormwater Permit Implementation Agreement:
23 Revised Participant Share Calculations to account for
24 additional co- permittees and current census data.
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28 16 -Jul -1992 -2-
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Amendment. No. 1
Stormwater Permit Implementation Agreement
1 IN WITNESS WHEREOF, this AGREEMENT has been executed as of the day and year
2 first above written.
3
4 COUNTY OF ORANGE
5
6
BY
7 Chairman of the Board of Supervisors
8
9
10 ORANGE COUNTY FLOOD CONTROL DISTRICT
11
12
DATE: BY
13 Chairman of the Board of Supervisors
Orange County Flood Control District
14
15
16 ATTEST:
'17
18
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19 DATE: BY
Phyllis A. Henderson
20 Clerk of the Board of Supervisors
Orange County, California
21
22
23 APPROVED AS TO FORM: y- ;
TERRY C. ANDRUS, County Counsel
24 ORANGE COUNTY, CALIFORNIA
25
26 G%/
BY %
27 Depifty
28 05- Aug -1992 -3-
Agreement D02 -0481
1 AMENDMENT AND RESTATEMENT OF- NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
2 STORMWATER PERMIT IMPLEMENTATION AGREEMENT
3
4 This AGREEMENT, for purposes of identification numbered D02 -048, entered into
5 this d5, day of , 2002, by the County of Orange, (herein called
6 the COUNTY), the Orange County Flood Control District (herein called DISTRICT) and the
7 cities of Aliso Viejo, Anaheim, Brea, Buena Park, Costa` Mesa, Cypress, Dana Point,.
8 Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, Laguna Beach,
g Laguna Hills, Laguna Niguel, Laguna Woods, Lake Forest, La Habra, La Palma, Los
10 Alamitos, Mission Viejo, Newport Beach, Orange, Placentia, Rancho Santa Margarita, San
11 Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Stanton, Tustin, Villa Park,
12 Westminster, and Yorba Linda (herein called CITIES) restates the agreement provisions
13 made previously by•the COUNTY, DISTRICT and CITIES with'respect to compliance with the
14 National Pollutant Discharge Elimination System (NPDES) municipal stormwater permits
15 issued for Orange County and amends specified provisions to -add three additional
16 cities, revises participant share calculations and allows participant share
17 calculations on a countywide and regional basis. The COUNTY, DISTRICT and CITIES may
18 be referred to collectively as PERMITTEES or individually as a PERMITTEE in this
19 AGREEMENT.
20
21 , RECITALS
22
23 WHEREAS, Congress in 1987 through the Water Quality Act (herein called WQA)
24 amended Section 402 of the Federal Clean Water Act (33 U.S.C.A. 1342(p)) to require
25 the federal Environmental Protection Agency to promulgate regulations for applications
26 for permits for stormwater discharges; and
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Agreement D02 -048
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1 WHEREAS, these permit regulations will require the control of pollutants from
2 stormwater discharges by requiring a National Pollutant Discharge Elimination System
3 permit which would allow the lawful discharge of stormwaters into waters of the United
4 States; and
5 WHEREAS, these EPA regulations require NPDES permits for discharges from
6 municipal storm sewers on a system -wide or jurisdiction -wide basis; and
7 WHEREAS, the Legislature, in enacting the Orange County Flood Control Act,
8 created the Orange County Flood Control District to provide for the control of flood
9 and storm waters; and
10 WHEREAS, the powers granted to the DISTRICT include carrying on technical and
11 other investigations, examinations, or tests of all kinds, making measurements,
12 collecting data, and making analyses, studies, and inspections pertaining to water
13 supply, control of floods, use of water, water quality, nuisance, pollution, waste,
14 and contamination of water, both within and without the DISTRICT; and
15 WHEREAS, the COUNTY, the DISTRICT and the CITIES desire to develop an integrated
16 stormwate discharge management program with the objective of improving water quality
17 in the County of Orange; and
18 WHEREAS, the California State Water Resources Control Board (CSWRCB) as designee
19 of the EPA has delegated authority to the Regional Water Quality Control Boards -Santa
20 Ana Region (RWQCB - SAR) and San Diego Region (RWQCB (collectively, the RWQCBs) for
21 administration of the NPDES stormwater permit application process within the
22 boundaries of their Regions; and
23 WHEREAS, the COUNTY, DISTRICT and CITIES have been designated as PERMITTEES by
24 the RWQCBs; and _
25 WHEREAS, the COUNTY has been designated as the Principal•PERMITTEE on the
26 permits; and
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• Agreement D02 -048
1 WHEREAS, cooperation between the CITIES, the COUNTY and the DISTRICT to jointly
2 file applications for NPDES Stormwater permits and implement common programs, to the
3 extent feasible, is in the best interests of the CITIES, the COUNTY and the District;
4 and
5 WHEREAS, the COUNTY is willing to share the expertise of its staff with the
6 CITIES so that they can join in seeking and implementing certain requirements of the
7 NPDES Stormwater permits; and
8 WHEREAS, the PERMITTEES approved a Stormwater Permit Implementation Agreement to
9 memorialize program cooperation based on the above recitals "on December 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
16
17 WHEREAS, Section VI of the ORIGINAL AGREEMENT states that any city which becomes
signatory to this ORIGINAL AGREEMENT after the applications for the initial NPDES
18
stormwater permits have been approved shall comply with all of the provisions of the
19
ORIGINAL AGREEMENT; and,
20
WHEREAS, pursuant to Sections VI and X of the ORIGINAL AGREEMENT, the PERMITTEES
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approved Amendment No. 1 to the AGREEMENT (herein called AMENDMENT NO. 1) on
22
October 26, 1993 to add two newly incorporated cities, provide participant share
23
calculations based on thirty -three PERMITTEES and establish a Technical Advisory
24 Committee; and _
25
WHEREAS, the PERMITTEES now desire to restate those provisions in the ORIGINAL
26 AGREEMENT'that remain unchanged and amend specified 9 p provisions to add three additional
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Agreement D02 -048
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1 cities, revise participant share calculations and allow participant share calculations
2 on a countywide and regional basis.
3 NOW THEREFORE: The PERMITTEES hereto do mutually agree to add the cities of
4 Aliso Viejo, Laguna Woods and Rancho Santa Margarita as PERMITTEES under this
5 AGREEMENT, to restate those provisions in the ORIGINAL AGREEMENT that remain unchanged
6 and amend Sections II, III.A., III.B., III.C., IV, VIII, IX, XI and XV in their
7 entirety as follows:
8 I. FILING STATUS
.
9 The COUNTY, DISTRICT and CITIES will file the applications for stormwater
10 permits as PERMITTEES. The COUNTY, the DISTRICT and each individual City
11 will be a PERMITTEE.
12 II. INCORPORATION OF FEDERAL GUIDELINES
13 The terms of all applicable Federal and State water quality regulations
14 _ and guidelines under the Clean Water Act and Water Quality Act, as
15 presently written or as changed during the life of this agreement are
16 hereby incorporated by reference and made a part of this AGREEMENT and
17 take precedence over any inconsistent terms of this AGREEEMENT. ,
18 III. DELEGATION OF RESPONSIBILITIES
19 The responsibilities of each of the parties shall be as follows:
20 A. The COUNTY, on a cost - shared basis, shall administer system
21 - compliance by:
22 1. Preparing implementation and annual operating budgets. The
23 budget year shall coincide with the fiscal year of the COUNTY,
24 July 1 - June 30.
25 a. The participants shall be permitted to review and
26 approve the annual operating budget and work plan for
the forthcoming year. Criteria for approval shall be
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!II III
Agreement D02 -048
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1 affirmative responses from a majority of the PERMITTEES
2 which represent a majority of the percentage
3 contribution as described in Section IV. The COUNTY and
4 the DISTRICT will represent one voting PERMITTEE with
5 their percentage contribution equal to the total of the
6 COUNTY and the DISTRICT as described in Section IV. The
7 review period shall be from January 1 to January 31 of
8 each year with approval of the final budget to be
9 completed by February 15.
10 b. The annual operating budget shall not be exceeded
11 without prior consent of the majority of the PERMITTEES
12 which represent a majority of the percentage
13 contribution.
14 2. Consulting with the city managers and any committees
15 established by the city managers when preparing budgets and
16 major program elements. -
17 3. Preparing compliance reports to the Regional Board and
18 providing copies to the PERMITTEES.
19 4. Preparing a model system -wide Best Management Practices (BMP)
20 Program report.
21 5. Monitoring the implementation and ensuring the effectiveness
22 of system -wide BMPs. This will include field reconnaissance to
23 - evaluate structural and procedural BMPs. An report to
24 the RWQCBs will be prepared presenting the results of these
-
25 evaluations.
26 6. The COUNTY as Principal PERMITTEE may retain the services of
professional consultants and may fund, or contribute to
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Agreement D02 -048
1 funding technical and /or economic studies conducted by
2 professional organizations such as the American Public Works
3 Association
4 B. The DISTRICT shall, to the maximum extent practicable, and on a
5 cost - shared basis except as set forth in subparagraph 4 below:
6 1. Perform the water quality and hydrographic monitoring for
7 permit compliance.
8 2. Administer the water pollution control program by enforcing
9 the Orange County Water Quality Ordinance.
10 3. Develop uniform criteria for annual inspection of drainage
11 facilities.
12 4. Perform inspections, at no cost to the CITIES or the COUNTY,
13 on those facilities owned by the DISTRICT and on municipal
14 separate storm sewers in unincorporated County. Contracts for
15 such inspections within CITIES may be undertaken at the sole
16 expense of the requesting city.
17 C. The CITIES shall, to the maximum extent practicable, and at no cost
18 to COUNTY or DISTRICT:
19 1. Implement a facility inspection program in accordance with
20 uniform criteria developed by the DISTRICT, for all
21 separate storm sewers as defined by the stormwater permit and
22 within the jurisdictional boundaries of that city.
23 2. Submit to the COUNTY stormwater drain maps with periodic
24 revisions which reflect the modifications that were made to
25 the storm drain system.
26 3. Prepare watershed characterizations, including:
a. Zoning designations, and
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III • Agreement D02 -048
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1 b. , Identification of areas where hazardous materials
2 presently are or are suspected to have been stored,
3 manufactured, or disposed. This shall include sites at
4 which a hazardous material spill has occurred.
5 4. Review, approve, and implement system -wide BMPs.
6 5. Eliminate, or have eliminated, illegal /illicit connections to
7 the storm drain system.
8 6. Identify the legal authority for control of discharges to the
9 storm drain system.
10 7. Provide to the COUNTY annual reports (on forms provided by the
11 COUNTY) and any other information needed to satisfy annual
12 reporting requirements of the RWQCBs.
•13 8. Adopt and enforce, or name DISTRICT as enforcer of a water
14 pollution control ordinance, which prohibits non -NPDES
15 permitted discharges to the municipal separate storm sewer
16 system.
17 D. The COUNTY shall, to the maximum extent practicable and at no cost
18 to the CITIES or the DISTRICT, undertake in the unincorporated areas
19 of the COUNTY all activities required above of the CITIES that are
20 not responsibilities of the DISTRICT as outlined in Section III. B.
21 E. The PERMITTEES hereby establish a Technical Advisory Committee
22 (herein called COMMITTEE) consisting of five members chosen by the
23 Orange County City Engineers Association, and one member
24 representing the COUNTY. The COMMITTEE shall prepare by -laws for the
25 Technical Advisory Committee and submit same to PERMITTEES for
26 approval. The COMMITTEE will act in an advisory role to the
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• • Agreement D02 -048
1 PERMITTEES and implement policy previously established by the
- 2 PERMITTEES.
3
4 IV. PROGRAM COSTS
5 The responsibilities for payment of all shared costs of equipment, _
6 services, contracted analytical services, and the cost of the Regional
7 Board permits, shall be distributed among the COUNTY, DISTRICT, and CITIES
8 as follows: .
9 Participants Percentage Contribution
10 DISTRICT 10
11 CITIES + COUNTY 90 L
12 .
13 The individual percentage contributions from each city and the COUNTY
14 shall be functions of their respective areas and population relative to
15 those of the entire County. Each area shall be calculated as one half of
16 the sum of the area and population fractions, multiplied by 90 %. Excluded
17 are national forests, state parks, airports, landfills, oceans, harbors,
18 tidal bays and military installations (Exhibit A -1). The contribution of
19 the COUNTY shall be calculated from unincorporated areas and their
20 respective populations. .
21
22 Share in percent for City #1 = { (Xi /Xtot) + (Y /Y }/2 x (90)
23 X = area
24 Y = population
25 tot = total population or area
26 90 = total percentage excluding Flood Control District contribution
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- - • Agreement D02 -048
1 The percentage share shall be calculated by the COUNTY Public Facilities
2 and Resources Department Environmental Resources Section from population
3 and area data. These calculations shall be completed by January 1 of each
4 year and• shall be included in the annual budget proposal. The annual
5 budget proposal shall be recomputed for the thirty -six PERMITTEES based on
6 the following percentage share computation methods:
7 A. Countywide costs as provided in Exhibit B -1.
8 B. Regional costs specific to only one RWQCB permit as provided in
9 Exhibits B -2A and B -2B.
10 C. In the event of a regulatory directive issued to PERMITTEES, the COUNTY
11 shall provide immediate notice to the affected PERMITTEES and meet and
12 confer with them with respect to responding to the directive and
13 funding the immediate response.
14
15 Amended calculations and computation method for fiscal year 2002 -03 are
16 - provided in Exhibits B -1, B -2A and B -2B, which are made a part hereof.
17
18 If at any time during a given fiscal year the program costs exceed the sum
19 of the deposits, the COUNTY shall submit invoices to the CITIES to recover
20 the deficit, following the approval process described in Section
21 III.A.1.b. above. The share for each city shall be prorated according to
22 the formula above. Each city shall pay the invoice within 45 days of the .
23 billing date.
24
25 The COUNTY shall prepare a fiscal year end accounting within 60 days of
26 the end of the fiscal year. If the fiscal year end accounting results in
costs (net of interest earnings) exceeding the sum of the deposits, the
9 5 -31 -02 Final
V.
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• Agreement D02 -048
1 COUNTY shall invoice each city for its prorated share of the excess cost.
2 Each city shall pay the billing within 45 days of the date of the invoice.
3 If the fiscal year end accounting results in the sum of the deposits
4 exceeding costs (net of interest earnings), the excess deposits will carry
5 ' forward to reduce the billings for the following year.
6
7 The COUNTY shall invoice each city for its annual deposit at the beginning
8, (July 1) of each fiscal year. Each city shall pay the deposit within 45
9 days of the date of the invoice. Each city's deposit shall be based on
10 their prorated share of the approved annual budget, reduced for any
11 surplus identified in the prior fiscal year end accounting.
12
13 Interest earned on the CITIES' deposits will not be paid to the CITIES,
14 but will be credited against_ the CITIES' share of the program costs.
15
16 Upon termination of the program a final accounting shall be performed by
17 the COUNTY. If costs (net of interest earnings) exceed the sum of the
18 deposits, the COUNTY shall invoice each city for its prorated share of the
19 excess. Each city shall pay the invoice within 45 days of the date of the
20 invoice. If the sum of the deposits exceeds the costs, the COUNTY shall
21 reimburse to each city its prorated share of the excess, within 45 days of
22 the final accounting. Interest earnings are used to offset the CITIES'
23 share of program costs and will not be refunded to the CITIES.
24 .
25 Each city and the COUNTY shall bear the financial responsibility for
26 implementing the Program, within its jurisdictional boundaries, as
outlined in Section III. C. and D.
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. Agreement D02 -046
1
2 V. LIFE OF THE AGREEMENT
3 The life of the AGREEMENT shall be indefinite or as long as 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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Agreement D02 -048
1 consequence of withdrawal. The cost allocations to the remaining members
2 will be recalculated in the following budget year.
3 VIII. NON - COMPLIANCE WITH PERMIT REQUIREMENTS
4 Any PERMITTEE found in non - compliance with the conditions of the permit
5 within their jurisdictional responsibilities shall be solely liable for
6 any lawfully assessed penalties, pursuant to Section 13385 of the Water
7 Code and the Federal Clean Water Act. Common penalties shall be calculated
8 according to the formula outlined in Section IV.
9 IX. LEGAL ACTION/ COSTS/ ATTORNEY FEES
10 Where any legal action is necessary to enforce any provision hereof for
11 damages by reason of an alleged breach of any provisions of this
12 AGREEMENT, the prevailing party shall be entitled to receive from the
13 losing party all litigation and collection expenses, administrative costs,
14 witness fees and court costs including reasonable attorneys fees.
15 X. AMENDMENTS TO THE AGREEMENT
16- This AGREEMENT may be amended by consent of a majority of the PERMITTEES
17 which represent a majority of the percentage contributions as described in
18 Section IV. The COUNTY and the DISTRICT will represent one voting
19- PERMITTEE with a percentage contribution equal to the sum of the
20 individual contributions of the COUNTY and DISTRICT as described in
21 _ Section IV. No amendment to this AGREEMENT shall be effective unless it is
22 in writing and signed by the duly authorized representatives of the
23 majority of _ PERMITTEES.
24 XI. AUTHORIZED SIGNATORIES
25 The County Director of the Public Facilities and Resources Department and
26 the respective City Managers, shall be authorized to execute the
application(s) for NPDES municipal stormwater permit(s) and take all other
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Agreement D02 -048
1 procedural steps necessary to file the application(s) for NPDES municipal
2 stormwater permit(s).
3 XII. NOTICES
4 All notices shall be deemed duly given if delivered by hand; or three (3)
5 days after deposit in the U.S. Mail, postage prepaid.
6 XIII. GOVERNING LAW
7 This AGREEMENT will be governed and construed in accordance with laws of
8 the State of California. If any provision or'provisions of this AGREEMENT
9 shall be held to be invalid, illegal or unenforceable, the validity,
10 legality and enforceability of the remaining provisions shall not any way
11 be affected or impaired hereby.
12 XIV. CONSENT TO BREACH NOT WAIVER
13 No term or provision hereof shall be deemed waived and no breach excused,
14 unless such waiver or consent shall be in writing and signed by the
15 PERMITTEE to have waived or consented. Any consent by any PERMITTEE to, or
16 waiver of, a breach by the other, whether express or implied, not
17 constitute a consent to, waiver of, or excuse for any other different or
18 subsequent breach. •
19 XV. APPLICABILITY OF PRIOR AGREEMENTS
20 This document restates and amends the provisions in prior agreements and
21 constitutes the entire AGREEMENT between the PERMITTEES with respect to
22 the subject matter; all prior agreements, representations, statements,
23 negotiations and undertakings are superseded hereby.
24 ' XVI. EXECUTION OF THE AGREEMENT.
25 - This AGREEMENT may be executed in counterparts and the signed counterparts
26 shall constitute a single instrument.
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Agreement D02 -048
1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates
2 opposite their respective signatures:
3
ORANGE COUNTY FLOOD CONTROL DISTRICT
4 A body corporate and politic
6
BY ,
Chairman of the Board of Supervisors
7
8 COUNTY OF ORANGE
A body corporate and politic
9
lift !/ j (1 �+"
10 Date: (![ - c)-5 - 0 - c)-5 - 0 � BY
4 .
Chai man of the Board of Supervisors
11
12 SIGNED AND CERTIFIED THAT A COPY OF
THIS AGREEMENT HAS BEEN DELIVERED TO
13 THE CHAIRMAN OF THE BOARD
14
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1 z ... �. d!tils7 0_
15 Date: D L - ate- 6 By • a& *�,,,�
DARLENE J. BLOO i of 6 Cilic do 166
16 Clerk of the Board of Su rvisors of
Orange County, Cal ornia
17
18 APPROVED AS TO FORM.
COUNTY COUNSEL
19 ORANGE COUNTY, CALIFORNIA
20
21_ By "
_ Geof e K. Hunt, Deputy
22
23 Date: • [ s'/U
24
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Agreement D02 -048
1 CITY OF ALISO VIEJO
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4 Date: CJC_i bei , 2002
Mayor
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7 ATTEST: APPROVED AS TO FORM:
8 � ( I
9 City Clerk City Attorney
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Agreement D02 -048
1 CITY OF ANAHEIM
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Date: !c -/1 - , 2002 By: /
JJJ
4 Mayor
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ATTEST: APPROVED AS TO FORM:
7 JACK L. WHITE, CITY ATTORNEY
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j-144-4-124.e /14.44-4-4-4114.--
9 City /Clerk By: ALISON M. KOTT, DEPUTY CITY ATTORNE 4
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Agreement D02 -048
1 CITY OF BREA
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Date : �� 91();? , 2002 By: /) - 1.
4 Mayor
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ATTEST: APPROVED AS TO FORM:
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Agreement D02 -048
1 CITY OF BUENA PARK
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Date: June 25 , 2002 By: C71 1q Aj
4 Mayor
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ATTEST: APPROVED AS TO FORM:
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• • Agreement D02 -04E
1 CITY OF COSTA MESA
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Mayor
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Agreement D02 -046;
1 CITY OF CYPRESS
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Date: Jt,jNJ 1 0 , 2002 By:
4 1 Mayor
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ATTEST: APPROVED AS TO FORM:
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Agreement D02 -048
1 CITY OF DANA POINT
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Date: 2002 By:
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ATTEST: APPROVED AS TO FORM:
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21 5-31 -02 Final
•
Agreement D02 -048
1 CITY OF FOUNTAIN GALLEY
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3 du. y� 4 Date: Ill , 2002
ayor
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City Clerk City Attorney
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5 -31 -02 Final
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411 110
Agreement D02 -048
1 CITY OF FULLERTON
2 -
4 Date: ( '�.� // , 2002 By: / ."L`ry. /
Mayor
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City C1irk City Attoeey
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irector of Engineering
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2 3 5-31 -02 Final
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Agreement D02 -0481
1 CITY OF GARDEN GROVE
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Date: v44f 2 y 2002 By:
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ATTEST: APPROVED AS TO FORM:
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Agreement D02-048
1 CITY OF HUNTINGTON BEACH
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Date: l,� /, 02/ , 2002 By: �.�J(/`ti d 4 M yor
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ATTEST: APPROVED AS TO FORM:
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9 City Cle =k APCity Attorney D O Q/
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• •
• Agreement D02 -048
1 CITY OF IRVINE
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Date: . 1 �-Z Z 1 2C-CJ 2002 By: (:)\
4 Mayor ,
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ATTEST: APPROVED AS TO FORM:
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Agreement D02 -048
1 CITY OF LA HABRA
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Date: `'` , 2002 By: *t /- e,4, --
4 May•PO em
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ATTEST: APPROVED AS TO FORM:
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Agreement D02 -048
1 CITY OF LA PALMA
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Date: 'q , 2002 By: 1 ,��� \ �` (*
4 Mayor
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ATTEST APPROVED AS TO FORM:
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2 8 5-31 -02 Final
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1 CITY OF LAGUNA BEACH
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Date: ( 1 , 2002 By: V �
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City Manager
-Y g
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ATTEST: APPROVED AS TO FORM:
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• •
Agreement D02 -048
1 CITY OF LAGUNA HILLS
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3 / 11°°°°.'
Date: June 11 , 2002 By:
4 Mayor R Cr. g Sco
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ATTEST: APPROVED AS TO FORM:
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9 City Clerk / are g. Carlson City Attorney Lois E. J-6) rt
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3 0 5 -31 -02 Final
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Agreement D02 -048
1 CITY OF LAGUNA NIGUEL
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A ... !
Date: r (, 2002 By: ce ! � �r
4 /Mayor
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ATTEST: APPROVED AS TO FORM:
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5 -31 -02 Final
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Agreement D02 -048
1 CITY OF LAGUNA WOODS
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Date: - �d " � ?� , 2002 By: ll�, /yj 17 ,( 7..
4 M,yoor
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ATTEST: APPROVED AS TO FORM:
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• •
Agreement D02 -048
1 CITY OF LAKE FOREST
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3 /,�
Date: , 2002 By: ■ / V
4 Richard T. Dixon, Mayor
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• ATTEST: APPROVED AS -TO FORM:
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9 Sherry A.F.•Wdh -tz, Cicv Clerk • Thomas W. Allen, City Attorney
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• 33 5 -31 -02 Final
• • •
Agreement D02 -048
•
1 CITY OF LOS ALAMITOS
2 --!
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3 '
Date: June 24 , 2002 By:
4 Mayor Ro'- j Bates
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ATTEST: .APPROVED AS TO FORM:
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9 C Cler" k C.`D rdova LGity �pt torney Fred Galante
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411 111
Agreement D02 -048
1 CITY OF MISSION VIEJO
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3 Date: 7 2 C0 L , 2002 By: � �-- i
4 Mayor
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ATTEST: APPROVED AS TO FORM:
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35 5 -31 -02 Final
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Agreement D02 -048
1 CITY OF NEWPORT.BEACH
2
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Date: Y (0\ 2002 By: = 6)Gk, t ,�. ti
4 Mayor
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ATTEST: `�` " /�' APPROVED AS TO FORM:
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ttorney
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• 3 6 5 -31 -02 Final
1
Agreement D02 -0481
1 CITY OF ORANGE
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/0/ Date: , 2002 By: /��//VV(( _
4 Mayor
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ATTEST: APPROVED AS TO FORM:
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5 -31 -02 Final
• i
Agreement D02 -048
1 CITY OF PLACENTIA
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4 Date: 3-ri: 1 a , 2002 y: —
Mayor
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ATTEST: APPROVED AS TO FORM: •
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gni At Ak.'41N,C)
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3 8 5 -31 -02 Final
• •
Agreement D02 -048
• 1 CITY OF RANCHO SANTA MARGARITA
3
Date: June 20 , 2002 By:
4 , Mayor James M. Thor
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ATTEST: APPROVED AS TO FORM:
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39 5 -31 -02 Final
410 111
Agreement D02 -045
1 CITY OF SAN CLEMENTE
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3 �.
Date: , ,JUN - 1.. /` % , 2002 B y: ___
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a or
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ATTEST: A'PROVED AS TO FORM:
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1)7 9 City Cfe C ,y Attorn
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40 5 -31 -02 Final
Agreement D02 -048
• 1 CITY OF SAN JUAN CAPISTRANO
2
3 G Date: - , 2002 By:
4 Mayor Diane Bathg
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ATTEST: APPROVED AS TO FORM:
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41 5 -31 -02 Final
Agreement D02 -048
1 CITY OF SANTA ANA
2
37
Date: , 2002 By:
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ATTEST: APPROVED AS TO FORM:
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eN,
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42 5 -31 -02 Final
• •
Aareemen: D02 -048
1 CITY OF SEAL BEACH
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Date: iyeam6 , 2002 By: ■4=101 N, y`_
4 Mayor
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ATTEST: APPROVED AS TO FORM:
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43 5-31 -02 Final
. .
Agreement D02 -048
1 CITY OF STANTON
2
3 f
Date: June 25 , 2002 By: /
4 Mayor
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ATTEST: APPROVED AS TO FORM:
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44 5 -31 -02 Final
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Agreement D02 -048
1 CITY OF TUSTIN
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4 Date: 1 _n
' , 2002 By: v7
M9:
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ATTEST: APPROVED AS TO FORM:
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/r 8 � pack)c,4 • v /
9 City Clerk City Attorney /
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45 5-31 -02 Final
• •
Agreement D02 -048
1 CITY OF VILLA PARK -
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3 /7
Date: ,/ / , 2002 By: �- 4 </ �,
4 /, Y Mayor
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ATTEST: APPROVED AS TO FORM:
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City lerk Cit Attorney _ �/"
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46 5-31 -02 Final
• •
Agreement D02 -048
1 CITY OF WESTMINSTER
2
3
Date: 2,4 2002 By: 7)1.r
4 Mayor
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ATTEST: APPROVED AS TO FORM:
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47 5-31 -02 Final
• •
• Agreement D02 -048
1
2 CITY OF YORBA LINDA ii ;et
By:
3 Mayor Allen Castellano
Date: , 2002
4 APPROVED AS TO FORM:
ATTEST:
5
6 4tY4/t »)1 • ) )'7i a- ethtltd-L--"
7 City Clerk 0 City Attorney
Best, Best & Krieger, LLP
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48 5-31 -02 Final
•
• 411 •
•
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 Budget Share
Share of Revenue (%) FY 2002 -2003
Aliso Viejo*** 40,166 7.15 1.168548686 $70,114
Anaheim 336,300 49.761 9 005630974 $540,344
Brea 36,100 10.954 1.399038534 $83,943
Buena Park 80,100 10.064 2.007224432 $120,435
Costa Mesa 110,900 15.480 2.898146677 $173,891
Cypress 47,150 . 6.925 1.258634332 575.519
Dana Point 35,800 6.440 1.046705013 $62,803
Fountain Valley 55,900 9.553 1.595652357 595,740
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 46148 5.863460245 $351,811
La Habra 60,800 7 313 1 498466857 $89,909
La Palma 15,700 2.014 . 0.396615551 $23,797
Laguna Beach 24,150 7.820 0 973824935 $58,430
Laguna Hills 33,900 6 626 1.031809811 $61,909 .
Laguna Niguel 63,200 15.003 2 127750971 $127,666
Laguna Woods "' 16,750 3.050 0 492569562 $29,554
Lake Forest 76,700 16.795 2 473428382 $148,407
Los Alamitos 11,750 4.256 0 508566627 530,514
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 571,879
Stanton 38,300 3 131 0.830259739 $49,816
Tustin 69,200 10.992 1.911061605 $114,665
Villa Park 6,125 2088 0.255047196 $15,303
Westminster 89,900 10 190 2.167659672 $130,061
Yorba Linda 60,000 19.918 2.45714216 $147,430
County of Orange 117,634 86 846 8.499136117 $509,953
^ OCFCD 0 0.000 10 $600,006
TOTALS 2,925,775 584.178 100.00000 56,000,063
• Source State of Califomia, 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 Implementation Agreement.
"' Source' County of Orange will cover the program costs until the cities are added onto the Implementation
Agreement
• • ,
EXHIBIT B - 2A
Santa Ana Region Water Quality Monitoring Element Cost Sharing
NPDES Permittee Shares of Revenue
Fiscal Year 2002/2003
Permittee Population ' Area (sq. mi.) " Weighted Average Budget Share
Share of Revenue ( %) FY 2002 -2003
Anaheim 336,300 49 761 11 50900704 $81,714
Brea 36,100 10.954 1.825103021 512.958
Buena Park 80,100 10.064 2.553351287 $18,129
Costa Mesa 110,900 15.480 3.69761647 526.253
Cypress 47,150 6.925 1.608166546 511,418 .
Fountain Valley 55,900 9.553 2.047696569 $14,539
Fullerton 129,200 22.536 4 780735697 $33,943
Garden Grove 169,200 17.900 5.040702925 535,789
Huntington Beach 193,700 27.283 6.484102882 546,037
Irvine 150,100 46.148 7.651879999 $54,328
La Habra 60,800 7 313 1.903863349 513,517
La Palma 15,700 2.014 0.504819924 53,584
Laguna Hills (17.77% in SAR) 6,024 1.177 0.236215028 51,677
Laguna Woods*** (51.97% in SAR) 8,705 1.585 0.329114592 52,337
Lake Forest (68.68% in SAR) 52,678 11.535 2.195733065 515,590
Los Alamitos 11,750 4.256 0.666605749 $4,733
Newport Beach 72,000 27 740 4.259213593 530,240
Orange 132,800 23.329 4.931287387 $35,012
Placentia 47,600 6606 1583054937 511,240
Santa Ana 348,100 27 349 9 374656128 566,560
Seal Beach 24,500 10.660 1.577568779 511,201
Stanton 38,300 3.131 1044262359 57,414
Tustin 69,200 10.992 2.447280658 517,376
Villa Park 6,125 2.088 0.333769321 52,370
Westminster 89,900 10.190 2.749617183 $19,522
Yorba Linda 60,000 19 918 3.213274703 522,814
County of Orange (48 15% in SAR) 56,641 41.816 5 451300812 538,704
OCFCD 0 0000 10 '571,000
TOTALS 2,409,472 428.304 100.00000 5710.000
• Source State of California, Department of Finance, E -1 City/County Population Estimates with Annual Percent Change,
January 1, 2000 and 2001, Sacramento, California, May 2001
" Source Public Facilities and Resources Department - Geomatics. Area was calculated in
miles using the dry land area figures and subtracting areas in each jurisdiction for national forests, state parks, airports,
landfills and military installations as determined in the NPDES stormwater Implementation Agreement.
••• Source County of Orange will cover the program costs until the cities are added onto the Implementation Agreement.
410
EXHIBIT B - 2B
San Diego Region Water Quality Monitoring Element Costs Sharing
NPDES Permittee Shares of Revenue
Fiscal Year 2002/2003
Permittee Population " Area (sq. mi.) " Weighted Average Budget Share
Share of Revenue (%) FY 2002 -2003
Aliso Viejo"`" 40,166 ' 7.15 5.564958394 $70,675
Dana Point 35,800 6.440 4.979452958 $63.239
Laguna Beach 24,150 7.820 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 516,303 155.874 100 $1,270,000
* Source State of California, Department of Finance, E -1 City /County Population Estimates with Annual Percent Change,
January 1, 2000 and 2001, Sacramento, California, May 2001
"" Source Public Facilities and Resources Department - Geomatics Area was calculated in
miles using the dry land area figures and subtracting areas in each jurisdiction for national forests, state parks, airports,
landfills and military installations as determined in the NPDES stormwater Implementation Agreement.
" "" Source County of Orange will cover the program costs until the cities are added onto the Implementation Agreement
! 4
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 SYSTE
ROJECTED SCHEDULE OF ENTITY'S SHARON,
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%: $18,703.89 :
COSTA MESA 97,437 : 15.343 : 2.9683999%: $27,015.41 :
CYPRESS 42,628 : 6.925 : 1.3150161%: $11,967.96 :
DANA POINT 32,760 : 6.040 : 1.0658804%: $9,700.58 :
FOUNTAIN VALLEY 53,699 : 9.553 : 1.7203975%: $15,657.34 :
FULLERTON 115,563 : 22.298 : 3.8362899%: $34,914.07 :
GARDEN GROVE 145,016 : 17.773 : 4.0281982%: $36,660.63 :
HUNTINGTON BEACH 182,783 : 26.800 : 5.4158657%: $49,289.79 :
IRVINE 111,418 : 43.369 : 5.3823417%: $48,984.69 :
LAGUNA BEACH 23,448 : 7.800 : 1.0305601%: $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%: $3,988.05 :
LOS ALAMITOS 11,643 : 2.186 : 0.3818475%: $3,475.19 :
MISSION VIEJO 73,724 : 16.392 : 2.6141906%: $23,791.75 :
NEWPORT BEACH 67,268 : 13.720 : 2.2900742%: $20,841.96 :
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 : 1.5724803%: $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%: $7,338.31 :
TUSTIN 52,145 : 8.582 1.6171435X: $14,717.62
VILLA PARK 6,279 : 2.077 : 0.2750657%: $2,503.37 :
WESTMINSTER 78,803 : 10.190 : 2.2299129%: $20,294.44 :
YORBA LINDA 53,878 : 17.965 : 2.3712515%: $21,580.76 :
ORANGE COUNTY 155,889 : 152.528 : 14.6013177%: $132,886.59 :
0.C.F.C.D. (TOTAL) -- 10.0000000%: $91,010.00 :
TOTALS 2,453,277 584.554 100.0000000% $910,100.00
• SOURCE: CALIFORNIA STATE DEPARTMENT OF FINANCE (LAKE FOREST POPULATION FROM 4/1/90 CENSUS)
** SOURCE: EN/IRONMENTAL 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