CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: September 16, 2026
To: Honorable Mayor and City Council Members
From: Lynn Merrill, Director of Public Works
Department: Public Works
Subject: Consideration of a New Implementation Agreement for the Regional Stormwater Permit Program Between the County
of San Bernardino and Participating Permittees (All
Wards).
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the National Pollutant Discharge-Elimination System (NPDES) Stormwater Permit Implementation Agreement, Santa Ana Region between the City of San Bernardino and the San Bernardino County Flood Control District.
City Manager's Comments
The City Manager recommends approval.
Executive Summary
The current Municipal Separate Storm Sewer System (“MS4”) Permit is issued jointly to the County of San Bernardino, the San Bernardino County Flood Control District (collectively hereinafter referred to as “County”), and the sixteen incorporated cities (“co-permittees”) in the Santa Ana River Watershed portion of San Bernardino County.
The San Bernardino County Flood Control District is the Principal Permittee. Its’ primary responsibilities are to administer the overall stormwater program in conjunction with the cities, lead in the development of programs, act as the liaison with water board staff and prepare the consolidated required reports. As part of the requirements of the Permit, all co-permittees are required to enter into an “Implementation Agreement” which specifies the responsibilities of the co-permittees and establishes a cost-sharing formula for the program costs to be borne by each co-permittee.
The MS4 Permit is currently up for revision and adoption. This new MS4 permit would be applicable to the County and the 16 cities within San Bernardino County as well as Riverside County, Riverside County Flood Control District, 14 incorporated cities within Riverside County, Orange County, Orange County Flood Control District, 24 incorporated cities in Orange County, and the Cities of Claremont and Pomona in Los Angeles County. The Implementation Agreement would be applicable to the requirements under the revised MS4 Permit should it get adopted.
The most significant revision in the proposed implementation agreement is the elimination of the County overhead rate applied to County staff time spent on area- wide program activities. The proposed agreement outlines the responsibilities of the County, Flood Control District, and sixteen participating cities for implementing the regional MS4 stormwater permit. It also establishes how regional monitoring, reporting, public education, program management, and training will be funded. The existing cost- sharing formula will remain unchanged and will continue to be based on equal participation, population, and land area. The primary financial benefit is the removal of the County’s overhead charge, which is expected to reduce regional program costs.
Background
The current Municipal Separate Storm Sewer System (“MS4”) Permit is issued jointly to the County of San Bernardino, the San Bernardino County Flood Control District (collectively hereinafter referred to as “County”), and the sixteen incorporated cities (“co-permittees”) in the Santa Ana River Watershed portion of San Bernardino County.
The San Bernardino County Flood Control District is the Principal Permittee. Its’ primary responsibilities are to administer the overall stormwater program in conjunction with the cities, lead in the development of programs, act as the liaison with water board staff and prepare the consolidated required reports. As part of the requirements of the Permit, all co-permittees are required to enter into an “Implementation Agreement” which specifies the responsibilities of the co-permittees and establishes a cost-sharing formula for the program costs to be borne by each co-permittee. The City Council approved the current NPDES Stormwater Implementation Agreement on or about June 28, 2011.
The proposed new Implementation Agreement does not modify the existing cost share formula. The current methodology for calculating each co-permittee's share of program costs will remain unchanged.
Discussion
The most significant revision in the proposed agreement is the elimination of the County overhead rate applied to County staff time spent on area-wide program activities. At one point, this overhead rate reached 117% of direct labor costs.
Removing the overhead charge will result in substantial savings to the Area-Wide Program budget. For example, in FY 2024/25, the total program budget was $3,944,093, of which approximately $527,000 was attributable to overhead costs.
Additional revisions to the agreement include:
• Modifying meeting requirements to align with the MS4 Permit requirements, or at a minimum, require quarterly meetings.
• Revising the agreement term so that it remains in effect until a new agreement is executed or a party provides a one-year notice of withdrawal. • Establishing a deadline for co-permittees to pay their annual cost share contributions to ensure timely funding of Area-Wide Program activities. • Updating the proportional share of each co-permittee. • Removing obsolete provisions related to grants received under the American Recovery and Reinvestment Act. These revisions are intended to streamline the agreement, improve administrative efficiency, reduce program costs, and ensure consistency with current regulatory requirements.
The proposed agreement outlines the responsibilities of the County, Flood Control District, and sixteen participating cities for implementing the regional MS4 stormwater permit. It also establishes how regional monitoring, reporting, public education, program management, and training will be funded. The existing cost-sharing formula will remain unchanged and will continue to be based on equal participation, population, and land area. The primary financial benefit is the removal of the County’s overhead charge, which is expected to reduce regional program costs.
Future costs may increase once the new Santa Ana Regional MS4 Permit is adopted.
However, approving the agreement will allow the City to continue participating in the regional stormwater program and meeting its permit requirements.
Strategic Goals and Priorities
Approval of the proposed Implementation Agreement aligns with Goal No. 1 of the 2020-2025 Key Strategic Targets and Goals relating to Financial Stability. Adoption of the proposed revised Implementation Agreement will reduce program costs as well as reduce the number of meetings that the staff is required to attend annually in support of the NPDES program.
Fiscal Impact
The cost share for the member agencies of the Area-Wide San Bernardino County Stormwater Program is calculated using a formula based on an equal share allocation, population, and land area. The resulting cost share percentage is then applied to four program budget categories: Monitoring, Public Education, Program Management, and Training. For FY 2026/27, the City of San Bernardino’s cost-share percentage is
10.54%, resulting in an estimated contribution of approximately $279,843.00 to the Area-Wide Stormwater Program. The proposed agreement does not change the existing cost-sharing formula, which is based on equal participation, population, and land area.
Beginning in FY 2026/27, the City’s percentage and annual contribution will be recalculated each year based on the approved regional program budget. Although removal of the County’s overhead charge may reduce administrative costs, future costs may increase following adoption of the new regional MS4 Permit.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the National Pollutant Discharge-Elimination System (NPDES) Stormwater Permit Implementation Agreement, Santa Ana Region between the City of San Bernardino and the San Bernardino County Flood Control District.
Attachments
Attachment 1 – MS4 Implementation Agreement
Ward:
All Wards
Synopsis of Previous Council Actions:
2011 Approval of NPDES Implementation Agreement dated June 28, 2011 CC
Eric Levitt, City Manager