Agreement D02-048
1 AMENDMENT AND RESTATEMENT OF NATIONAL POLLUTANT DISCHARGE BLIMINATION SYSTEM 2 STORMNATER PERMIT IMPLEMENTATION AGREEMENT
4 This AGREEMENT, for purposes of identification numbered D02-048, entered into 5 this 25tL day of June 2002, by the county of orange, (herein called the COUNTY), the Orange County Flood Control District (herein called DISTRICT) and the 7 Icities of Aliso Viejo, Anaheim, Brea, Buena Park, Costa Mesa, Cypress, Dana Point, 8 Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, Laguna Beach, 9 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 WOA) 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 - 04E
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 Plood 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 withir and without the DISTRICT; and 15 WHEREAS, the COUNTY, the DISTRICT and the CITIES desire to develop an integrated 16 stormwater 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 Regior (ROC-SDR) (collectively, the RWOCBs) 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 and
25 WHEREAS, the COUNTY has been designated as the Principal PERMITTEE on the 26 permits; and
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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 NDES 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 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 21 approved Amendment No. I to the ORIGINAL 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 provisions to add three additional 5-31-02 Final
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Agreement D02-04B
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 and amend Sections II, III.A., III.B., TTI.C., IV, VIII, IX, XI and XV in their 7 entirety as follows:
8 1. 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 AGREEMENT. 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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Agreement D02-048
1 affirmative responses from a majority of the PERMITTEES 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 COUNTY and the DISTRICT as described in Section IV. The 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
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.
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 annual report to 24 the RWOCBs will be prepared presenting the results of these evaluations.
26 6. The CoUNTy as Principal PERMITTEE may retain the services of professional consultants and may fund, or contribute to 5-31-02 Final
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Agreement D02-04฿
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:
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 or 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 the 20 uniform criteria developed by the DISTRICT, for all municipal 21 separate storm sewers as defined by the stormwater permit and 22 within the jurisdictional boundaries of that city.
23 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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Agreement D02-04 B
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 ion forms provided by the 11 COUNTY) and any other information needed to satisfy annual 12 reporting requirements of the RWOCBs.
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 5-31-02 Final
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Agreement D02-04B
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:
Participants Percentage Contribution
10 DISTRICT 10
11 CITIES + COUNTY 90
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 1
22 Share in percentfority 1-///to:)(x/cos/)/2 x (90)
23 X = area
24 Y = population
25 tot - total population or area
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Agreement D02 - 04 Fl
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 (aet of interest earnings) exceeding the sun of the deposits, thial http://agendasearch.ocgov.com/awsearch/ImageViewer.aspx 10/23/2025
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 Bach 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 D02-048
1 2 v. LIFE OF THE AGREEMENT
The life of the AGREEMENT shall be indefinite or as long as the WOA 4 mandates compliance.
5 VI. ADDITIONAL PARTIES
6 Any city which becomes signatory to this AGREEMENT after the applications for the initial NDES stormwater permits have been approved and any city which becomes incorporated shall become a PERMITTEE on the NPDES 9 stormwater permit issued by its respective ROB and shall comply with al:
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 NDES stormwater permit approval it shall be the date of the initial application for the 14 NDES Stormwater permit. The costs for adding the additional parties to 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 RWOCBs). In 25 addition, withdrawal shall constitute forfeiture of the withdrawing 26 participant's deposit for the budget year of withdrawal. The withdrawing partiespant shall he responsible tor all lawfully assessed penalties anal http://agendasearch.ocgov.com/awsearch/ImageViewer.aspx 10/23/2025
Agreement D02-04Bl
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 REQUTREMENTS
4 Any PERMITTEE found in non-compliance with the conditions of the permit 5 within their jurisdictional responsibilities shall be solely liable for 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. 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 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 SIGNATORTES
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 (a) and take a11 other 5-31-02 Final
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Agreement D02-048
1 procedural steps necessary to file the application (s) for NDES municipal 2 stormwater permit (s).
3 XII. NOTICES
4 A11 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 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, shall not 17 constitute a consent to, waiver of, or excuse for any other different or 18 subsequent breach.
19 xV. APPLICABILITY OF PRIOR AGREEMENTS
This document restates and amends the provisions in prior agreements and 21 constitutes the entire ACREEMENT 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
IN WITNESS WHEREOF. the partles hereto have executed this Agreement on the dates 2 opposite their respective signatures:
ORANGE COUNTY FLOOD CONTROL DISTRICT
4 A body corporate and politic
cynthia P. Coal
6 Chairman of the Board of Supervisors
7 8 COUNTY OF ORANGE
A body corporate and politic
10 Date: 06-25-02 By cynthia P. Coad
Chaifman 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 15 Date: Ole 25.02 By Tobin studer.
DARLENE J. BLOOM /251920119/106
16 Clerk of the Board of Supervisors of
Orange County, California
17 18|| APPROVED AS TO FORM
COUNTY COUNSEL
19 ORANGE COUNTY, CALIFORNIA
20 21 By
Hunt, Deputy
22 23 Date: 4/12/02
24 111
25 111
26 111
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Agreement D02-048
1 CITY OF ALISO VIEJO
2 3
Date: October 25 - 2002 Came f. Val-Care
4 5
6 ATTEST: APPROVED AS TO FORM:
7 8
ity Cler City Attorney
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Agreement D02-043
1 CITY OF ANAHEIM
2 3
Date: 6-18-02 _ 2002 By: Tor Daly
4 5
6 ATTEST: APPROVED AS TO FORM:
7 JACK I. WHITE, CITY ATTORNEY
8 alatt
9 By: ALISON M. KOTT, DEPUTY CITY ATTORNEY
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Agreement DO2-04€
1 CITY OF BREA
2 10/19/02
5 6
ATTEST: APPROVED AS TO FORM:
8 Elaure Cappe _ Markman
City Clerk
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D02-048
Agreement
CITY OF BUENA PARK
2 3
Date: __ June 25 , 2002 By:
4 Mayor
5 6
ATTEST: APPROVED AS TO FCRM:
7 8
shalutons 2m Banar
9 City Clerk city Attorney
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Agreement D02-04€
CITY OF COSTA MESA
2 : m. Juse i as .. Indaw.bten
Mayor
5 6
ATTEST: APPROVED AS TO FORM:
7 8
Kuta Delamy deti fai enda Ryuyen, DCA.
Terng city cleck
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Agreement D02-041
CITY OF CYPRESS
2 Date: July 10
ATTEST: APPROVED AS TO FORM:
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Agreement D02-C4
CITY OF FOUNTAIN VALLEY
3 Date: NunE 4
4 2002 or on aman look
5 6
7 ATTEST: APPROVED AS TO FORM:
8 Care levin
9 city clerk - Keputy City Attorney
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Agreement D02-041
CITY OF FULLERTON
2 3
• as Juan 12-202 Men Bankhinl
5 6
ATTEST: APPROVED AS TO FORM:
7 8
9 "Key the been
ity Cler
10 11 APPROVED AS TO CONTENT:
12 at Ladse.
13 rector of Engineering
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Agreement D02-04
1 CITY OF GARDEN GROVE
2 3
Date: \ June 24
2002
4 5
6 ATTEST: APPROVED AS TO FORM:
7 : Sure Anno
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Agreement D02-041
1 CITY OF HUNTINGTON BEACH
2 3
paro: June 21 By: mellie Cook
4 5
6 ATTEST: APPROVED AS TO FORM:
7 8
PeDar-
licity Clesk Connie Brakway 4-7-02
& city Attorney
4/21/02 6-6-02
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Agreement D02-048
1 CITY OF IRVINE
2 3
Date: June 27 2012, 2002
4 5
6 ATTEST:
7 8
9 City Clerk
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Agreement D02-048
CITY OF LA HABRA
2 3
6-17
Date: 2002 By :
дали
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ATTEST: APPROVED AS TO FORM:
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Agreement D02 - 04
1 CITY OF LA PALMA
2 1/8 jault walker
Date: , 2002 By :
4 Mayor
5 6
ATTEST: APPROVED AS TO FORM:
7 8
10 Reputy Lity Clerk
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Agreenent Do2-k
CITY OF LAGUNA BEACH
2 3
7/16. 2002 y: Lereth hal
Date:
4 ity Manage
ATTEST: APPROVED AS TO FORM:
erus Rialbmago
City Clerk City Attorney
LAGUNA
12 ApORATED
13 TINE 29.18%
14 • CALIFO®
COUNTY
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Agreement DO2-04ł
1 CITY OF LAGUNA HILLS
2 3
Date: June 11 • 2002 By :
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6 ATTEST: APPROVED AS TO FORM:
7 Mauli Coulsen Fors 20
ity Clerk Marv .. Carlso city attorney lois t. Sara rey 10 11
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Agreement D02-04€
CITY OF LAGUNA NIGUEL
2 3
Date: dune 24 _ 2002
5 ATTEST: APPROVED AS TO FORM:
8 3! 1
6/20/0z
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Agreement D02-048
1 CITY OF LAGUNA WOODS
2 3
6. 20 02 • 2002 M' Largelen
4 5
ATTEST: APPROVED AS TO FORM:
7 deran Condon Podiu Bo
rity Cler
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Agreement D02-048
1 CITY OF LAKE FOREST
2 3
Date: - 2002 By :
4 Richard T. Dixon, Mayor
5 ATTEST: APPROVED AS TO FORM:
7 8 maller
9 Thomas W. Allen, City Attorney
Sherry A.F. W
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D02-04d)
Agreement
1 CITY OF LOS ALAMITOS
2 3
Date: June 24 , 2002 By:
4 Mayor
6 ATTEST: APPROVED AS TO FORM:
8 Il.t
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Agreement D02-04B|
1 LICITY OF MISSION VIEJO
2 Sumer Walton
Date: 2-2-02 , 2002 By:
4 Mayor
5 ATTEST : APPROVED AS TO FORM:
7 City Attorney
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Agreement D02-048
CITY OF NEWPORT BEACH
2 3
4/25
Date: 2002
4 5
ATTEST: APPROVED AS TO FORM:
CALIFORNIA
8 Lalone mHarkless
9 City Clerk
10 11
12 13
14 15
16 17
18 19
20 21
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Agreement D02-048
1 CITY OF ORANGE
2 3
Date: 2002 By:
4 Mayor
5 6
ATTEST: APPROVED AS TO FORM:
8 Minor atheat
ity Cler
10 11
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20 i
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Agreement Doz-cad
1 CITY OF PLACENTIA
2 3
Date: Guse 18 . 2002
4 Mayor
6 ATTEST: APPROVED AS TO FORM:
7 8
9 City Clerk City Attorney
10 11
12 13
14 15
16 17
18 19
20 21
22 23
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26 38 5.31-02 Final
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Agreement D02-018
1 CITY OF RANCHO SANTA MARGARITA
2 3
June 20 By: yam mm
Date: 2002
4 Mayor James M. Thor
5 6
ATTEST: APPROVED AS TO FORM:
7 8
.......
aty de babble za
10 11
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002-048)
Agreement
1 CITY OF SAN CLEMENTE
2 3
Date: JuNE 19 _ 2002
4 Qual
5 6
ATTEST: APPROVED AS TO FORM:
8 10
11 12
13 14
15 16
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25 26
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Agreement DO2-048
1 CITY OF SAN JUAN CAPISTRANO
2 3
6-18 Dave bathsate
Date: 2002 By :
4 layor Diane Bathgat
5 6
ATTEST: APPROVED AS TO FORM:
7 ity Cler
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Agreement D02-048
1 CITY OF SANTA ANA
Date: July 1 2002
4 5
ATTEST: APPROVED AS TO FORM:
7 8
alicintely
9 City Clerk
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Agreement DO2-049
1 CITY OF SEAL BEACH
3 Juve 24 Soau H, hapsar
Date: _ 2002
4 Mayor
5 6
ATTEST: APPROVED AS TO FORM:
7 8
9 City Attorney
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 43 5.31-02 Fina!
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Agreement D02-048
1 CITY OF STANTON
2 3 Вним Sua hon
Date: June 25 By:
4 5
6 ATTEST: APPROVED AS TO FORM:
7 8
Lenile Coren Paths man
9 City Clerk
10 11
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Agreement D02-048
1 CITY OF TUSTIN
2 3
Date: 7-1-02
. 2002 By:
4 Retry. 12
ATTEST: APPROVED AS TO FORM:
8 enelastoker. Boss guffe
city clerk City Attorney
10 11
12 13
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16 17
18 19
20 21
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Agreement D02-048
CITY OF VILLA PARK
2 pure 22. were me lay
6 ATTEST: APPROVED AS TO FORM:
7 8
Kathy adrian
9 City Clerk
10 11
12 13
14 15
16 17
18 19
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Agreement D02-048
1 CITY OF WESTMINSTER
2 3
JUNe 24
4 5
ATTEST: APPROVED AS TO FORM:
7 8
marian Contras
10 11
12 13
14 15
16 17
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20 21
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Agreement D02-048
CITY OF YORBA LINDA
All Cutel
By :
3 Mayor Allen Castellano
Dato: June 18 , 2002
4 APPROVED AS TO FORM:
ATTEST:
5 6 Katter MIrandaga SomaR Coralh
7 City Clerk city Attorney
Best, Best & Krieger, LLE
8 10
11 12
13 16
17 18
19 20
21 22
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EXHIBIT A - 1
LAND ARBA DEDUCTED FROM JURISDICTIONS
Landfills Area sq miles Jurisdiction
Olinde 0.35 County
Santiagc County
Prima Descheca
ee Canyc
oyote Canyo
State Parks
Alamitos State Beach 0.202 Seal Beach
Bolsa Chica State Beach Huntington Beach
Chino Hills State Park 4.09 County
0.05 Newport Beach
6.30 0.40 Dana Point
0.20 Huntington Beach
San Clemente
Airports
Fullerton Fullerton
John Wayne County
Military facilities
2.20 Tustin
County
Sea amite apond Sta. Center 2.07 Los Alamitos
Seal Beach
National Forests
Cleveland National Forest 86.75 County
49 http://agendasearch.ocgov.com/awsearch/ImageViewer.aspx 10/23/2025
EXHIBIT B - 1
Cost Sharing For Region Specific Elements
IPDES Permittee Shares of Revenu
Fiscal Year 2002/200:
Permittee Population * Area (sq. mi.) - Budget Share
FY 2002-2003
Aliso Viejo*** 40,166 7.15 1.168543686 $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 $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 5238,877
Huntington Beach 193,700 27.283 5.080656025 $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 6.626 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 $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 1614764803 $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
Tustn 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 B.499136117 $509,953
OCFCD 0.000 10 $600,006
TOTALS 2,925.775 584.178 100.00000 $6,000,063
Source: State of California, Department of Finance, E-1 City/County Population Estimates with Annu:
ercent Change January 1, 2000 and 2001, Sacramento, California, May 200 ** 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 NDES Implementation Agreement. *** Source: County of Orange will cover the program costs until the cities are added onto the Implementation Agreement.
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EXHIBIT B - 2A
Santa Ana Region Water Quality Monitoring Element Cost Sharing IDES Permittee Shares of Revent
iscal Year 2002/200
Permittee Population • Area (sq. mi. " Budget Shari
-Y 2002-200:
Anaheim 336,300 49.761 11.50900704 $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 1.608166545 $11.418
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 $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 2.447280656 $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 (4815% in SAR) 56,641 41.816 5.451300812 $38,704 OCFCO 0.000 10
$71,000
TOTALS 2,409,472 428.304 100.00000 $710,000
• 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, arports landfits 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. http://agendasearch.ocgov.com/awsearch/ImageViewer.aspx 10/23/2025
EXHIBIT B - 2B
San Diego Region Water Quality Monitoring Element Costs Sharing NDES Permittee Shares of Revenue
Fiscal Year 2002/2003
Permittee Population * Area (sq. ml.) ** Weighted Average Judget Shari Share of Revenue (%) FY 2002-200:
Aliso Vijo*** 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 (B2.23% in SDR) 27.876 5.449 4.002585974 $50,833 Laguna Niguel 63,200 15.003 9.839674834 3124,964
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 Margarta*** 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 0,000 10 $127,000
TOTALS 516,303 155.874 100 $1,270,000
January 1, 20 and 2007, Sacrament, Critania May 2y County Population Estimatos with Annual Percent Change, Source: Public Facilities and Resources Department - Geomatics. Area was calculatec es using the dry land area figures and subtracting areas in each jurisdiction for national forests, state parks, airpo landfills and military instalations as determined in the NDES stormwater Implementation Agreement. *** Source: County of Orange will cover the program costs until the cities are added onto the Implementation Agreement. http://agendasearch.ocgov.com/awsearch/ImageViewer.aspx 10/23/2025