200 S. Anaheim Blvd.
Second Floor
Anaheim, CA 92805
Tel: (714) 765-5176
Fax: (714) 765-5225
www.anaheim.net
CITY COUNCIL AGENDA REPORT
City of Anaheim
DEPARTMENT OF PUBLIC WORKS
DATE: MARCH 24, 2026
FROM: DEPARTMENT OF PUBLIC WORKS
SUBJECT: APPROVE PROPOSED AMENDMENT TO STORMWATER
IMPLEMENTATION AGREEMENT FOR COMPLIANCE WITH
THE NATIONAL POLLUTANT DISCHARGE ELIMINATION
SYSTEM PERMIT WITH THE COUNTY OF ORANGE
ATTACHMENT (Y/N): YES ITEM # 18
GOVERNMENT CODE § 84308 APPLIES: NO
RECOMMENDATION:
That the City Council, by Motion:
1. Approve the proposed Amended and Restated National Pollutant Discharge Elimination System (NPDES) Stormwater Permit Implementation Agreement (Agreement) with the County of Orange for stormwater compliance activities and;
2. Authorize the City Manager, or designee, to approve the annual operating budget each year.
DISCUSSION:
The proposed Agreement is a countywide agreement among the County of Orange, the Orange County Flood Control District, and all 34 incorporated cities within Orange County. It updates and restates prior stormwater implementation agreements originally adopted in 1990 and subsequently amended in 1993 and 2002, while maintaining the same cooperative framework for regional compliance with Municipal Separate Storm Sewer System (MS4) permit requirements. Under the Agreement, the County of Orange continues to serve as the Principal Permittee and administrator of the Orange County Stormwater Program, responsible for program administration, regional monitoring, regulatory coordination, and preparation of regional compliance reports.
The existing Agreement established a cost-sharing structure, under which program costs are allocated among participating agencies based on a formula that considers population and land area. Annual operating budgets and work programs are subject to approval by a majority of the permittees, with each city’s City Manager or designee authorized to act on behalf of the city for budget approval and program administration purposes. The operating budget is anticipated to increase approximately 5% to 10% annually and the City’s share Approve Proposed Amendment to Stormwater Implementation Agreement for Compliance with the National Pollutant Discharge Elimination System Permit
March 24, 2026
for FY 25/26 is $560,000. The City is actively researching the potential to develop a Stormwater Fee to help offset these costs in the future.
Notable changes proposed in this amended Agreement include a) The ability for the Permittees to opt into watershed and sub watershed budgets and working groups, b) Reference to the Orange County City Manager’s Association (OCCMA) in a Program advisory role, in lieu of the “Technical Advisory Committee,” and c) Specific allowance for regional cost categories for the Santa Ana and San Diego MS4 regions instead of a single countywide cost pool.
Under this Agreement, the City makes annual payments to the County of Orange for our proportional share of the efforts and tasks undertaken by the County staff and their consultants.
This includes management of the Countywide public education program on stormwater, monitoring dry weather flows in county channels, and regional reporting, among various other duties. This Agreement has been in place for over 30 years, and an independent review determined that these tasks would be significantly more costly if they were performed by each city independently.
Approval of the Agreement will allow the City to continue participating in a coordinated, countywide approach to stormwater management consistent with other Orange County cities and with existing NPDES Permit requirements, without altering the City’s individual compliance responsibilities or decision-making authority.
IMPACT ON BUDGET:
Sufficient funding for costs associated with the Implementation Agreement is available in existing Public Works stormwater and wastewater program budgets and is consistent with previous funding levels.
ENVIRONMENTAL REVIEW:
Approval of the Implementation Agreement is not a project under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378, as it involves administrative and organizational actions that do not result in direct physical changes to the environment.
Respectfully submitted,
Rudy Emami
Director of Public Works
Attachment:
1. Amended and Restated National Pollutant Discharge Elimination System Stormwater Permit Implementation Agreement