CITY OF SIMI VALLEY
MEMORANDUM
June 27
, 2022
TO: Cit
y Council
FR
OM: Department of Public Works
SUBJ
ECT: APPROVAL OF AN AMENDMENT TO THE IMP LEMENTATION
AGREEMENT FOR THE VENTURA COUNTY STORMWATER QUALITY
MANAGEMENT PROGRAM
STAFF RECOMMENDATION
It is recommended that the City Council approve the attached amendment to the Countywide Stormwater Quality M anagement Program Im plementation Agreement (Attachment A, page 3), and authorize the Mayor to execute the Agreement.
BACKGROUND AND OVERVIEW
The Countywide S tormwater Quality Management Program began in 1992 to implement the Ventura Countywide NPDES (National Pollutant Discharge Elimination System) M unicipal Separate S torm Sewer Systems (MS4) permit, issued by the Los Angeles Regional Water Quality Control Board. An Implementation Agreement among the Ventura County Watershed Prot ection District, the County of Ventura, and the ten cities within Ventura County has existed since the Program began. The City Council approved a revised Implementation Agreement on October 11, 2010, and approved the first amendment, a time extension until September 11, 2022, on April 18, 2016.
On November 22, 2021, the City Counc il authorized the City Manager to sign a Letter of Intent to develop a Watershed Management P rogram (WMP) as a compliance pathway under the most current MS4 NPDES permit. The WMP, when developed and approved, will describe the actions the agencies within the Calleguas Creek Watershed (which includes the Arroyo Simi) will take to reach surface water quality mandates.
FINDINGS AND ALTERNATIVES
The proposed amendment to the Im plementation Agreement would extend the term one year, until September 11, 2023. This will prov ide time for the par ties to the Implementation Agreement to develop a new c ost structure and new cooperative agreements, as the WMP approach is a significant change in direction for all the parties.
G:\PW\EC\Stormwater\Implementation Agreement\2022 Implementation Agreement\SR Imp Agreement Extension 2022\Staff Report AGENDA ITEM NO.
Consent (4)
G:\PW\EC\Stormwater\Implementation Agreement\2022 Implementation Agreement\SR Imp Agreement Extension 2022\Staff Report The following alternatives are available to the City Council:
1. A
pprove the attached amendment to the Countywide Stormwater Quality Management Program Implementation Agreement and authorize the Mayor to execute the Agreement; or
2. P
rovide staff with other direction.
S
taff recommends Alternative No. 1.
SUGGESTED CITY COUNCIL MOTION
I
move to approve the attached amendment to the Countywide Stormwater Quality Management Program Implementation Agreement, and authorize the Mayor to execute the Agreement.
SUMMARY
T
he Countywide Stormwater Quality Management Program began in 1992 to implement the Ventura Countywide NPDES (National Pollutant Discharge Elimination System) Municipal Separate Storm Sewer Systems (MS4) permit. An Implementation Agreement among the Ventura County Watershed Protection District, the County of Ventura, and the ten cities within Ventura County has existed since the Program began. On November 22, 2021, the City Council authorized the City Manager to sign a Letter of Intent to develop a Watershed Management Program (WMP) as a compliance pathway under the most current MS4 NPDES permit. The WMP , when developed and approved, will describe the actions the agencies within the Calleguas Creek Watershed (which includes the Arroyo Simi) will take to reach surface water quality mandates. Staff recommends the City Council approve an amendment to the Implementation Agreement to extend the term to one year, until September 11, 2023, to provide time for the parties to develop a new cost structure and new cooperative agreements under the new WMP approach. ___
_________________________________
Ronald K. Fuchiwaki
Public Works Director
P
repared by: Joe Deakin, Assistant Public Works Director I
NDEX Page
A
ttachment A – Amendment to Agreement ...................................... 3 Attachment B – Original Agreement as Amended .......................... 17 2 1
G:\PW\EC\Stormwater\Implementation Agreement\2022 Implementation Agreement\Final_2_NPDES_Implementation_Agmt
SECOND AMENDMENT TO NATIONAL POLLUTANT DISCHARGE ELIMINATION
SYSTEM IMPLEMENTATION AGREEMENT
VENTURA COUNTYWIDE STORMWATER QUALITY MANAGEMENT PROGRAM This “Second Amendment” is made and entered into by and between the County of Ventura (“County”); the Ventura County Watershed Protection District (“District”); and the Cities of Camarillo, Fillmore, Moorpark, Ojai, Oxnard, Port Hueneme, San Buenaventura, Santa Paula, Simi Valley, and Thousand Oaks (collectively, the “Cities”). Hereinafter, the County, the District, and the Cities may be referred to collectively as the “Parties.”
RECITALS
A. The Parties currently implem ent and administer the Ventura C ounty Stormwater Quality Management Program (the “Program”) pursuant to an agreement, and an amendment thereto, approved by the Parties on or about J uly 17, 2010, and on or about May 10, 2016, respectively (collectively, the “Implementation Agreement”).
B. Among other things, the Implementation Agreement generates f unds for the implementation and administration of the Program through the Di strict’s benefit assessment program.
C. The Program is a requirement o f the National Pollutant Disch arge Elimination System (“NPDES”) permit issued by the Los Angeles Regional Water Quality Control Board (“Regional Water Board”), with its adoption of Or der No. R4-2010-0108, for the discharge of stormwater and urban runoff from the Parti es’ respective municipal separate storm systems in Ventura County (“2010 NPDES Permit”).
D. The 2010 NPDES Permit, as adminis tratively amended by Regional Water Board Order Nos. R4-2012-0175 and R4-2014-0024, was superseded by the issuance of a new NPDES permit with the adoption of Regional Water Board Or der No. R4-2021- 0105 (“2021 NPDES Permit”).
E. The 2021 NPDES Permit became e ffective on September 11, 2021, and the Implementation Agreement remains in effect until one (1) year after the effective date of the 2021 NPDES Permit (September 11, 2022).
F. The Parties desire to amend t he Implementation Agreement to extend its term to allow the Parties sufficient time to negotiate a new implementation agreement that will govern their respective roles and responsibilities under the 2021 NPDES Permit.
NOW, THEREFORE, in consideration of the foregoing recitals, eac h of which is incorporated herein as if fully set forth below, the Parties agree as follows:
1. Notwithstanding any provisi on in the Implementation Agreeme nt to the contrary, the Implementation Agreement shall continue in effect until September 11, 2023, or until otherwise terminated pursuant to the Implementation Agreement.
ATTACHMENT A
3 2
G:\PW\EC\Stormwater\Implementation Agreement\2022 Implementation Agreement\Final_2_NPDES_Implementation_Agmt
2. Until the Implementation Agreement expires or terminates as s e t f o r t h herein, the District shall cont inue to be designated the “Princ ipal Permittee” and the remaining Parties shall continue to be designated “Co-Permittee s” under the Implementation Agreement.
3. Except for the amendments and modifications described in th is Second Amendment, all other terms and conditions of the Implementation Agreement shall remain in effect.
4. This Second Amendment may be executed in any number of counterparts, each of which shall constitute an original, and all of which taken together shall constitute one and the same instrument.
5. The Parties agree that this Second Amendment may be transmi tted and signed by electronic or digital means by any or all parties and that such signatures shall have the same force and effect as original signatures in accord ance with California Government Code Section 16.5 and California Civil Code Section 1633.7.
IN WITNESS WHEREOF, the Parties have executed this Second Amend ment through their duly authorized representatives as of the dates set forth below.
4 3
G:\PW\EC\Stormwater\Implementation Agreement\2022 Implementation Agreement\Final_2_NPDES_Implementation_Agmt
SECOND AMENDMENT TO NATIONAL POLLUTANT DISCHARGE ELIMINATION
SYSTEM IMPLEMENTATION AGREEMENT
VENTURA COUNTYWIDE STORMWATER QUALITY MANAGEMENT PROGRAM
Ventura County Watershed Protection District Signature Page
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT on the day and date below written.
___________________________________________
____
Chair, Board of Supervisors
Ventura County Watershed Protection District
ATTEST:
XXXXX
Clerk of the Board of Supervisors
Ventura County Watershed Protection District
County of Ventura, State of California
By:
_____________________________
Senior Deputy Clerk of the
Board
5 4
G:\PW\EC\Stormwater\Implementation Agreement\2022 Implementation Agreement\Final_2_NPDES_Implementation_Agmt
SECOND AMENDMENT TO NATIONAL POLLUTANT DISCHARGE ELIMINATION
SYSTEM IMPLEMENTATION AGREEMENT
VENTURA COUNTYWIDE STORMWATER QUALITY MANAGEMENT PROGRAM
County of Ventura Signature Page
COUNTY OF VENTURA
Carmen Ramirez, Chair Date
Board of Supervisors
ATTEST:
XXXXX
Clerk of the Board of Supervisors
County of Ventura, State of California
By:
_____________________________
Senior Deputy Clerk of the
Board
6 5
G:\PW\EC\Stormwater\Implementation Agreement\2022 Implementation Agreement\Final_2_NPDES_Implementation_Agmt
SECOND AMENDMENT TO NATIONAL POLLUTANT DISCHARGE ELIMINATION
SYSTEM IMPLEMENTATION AGREEMENT
VENTURA COUNTYWIDE STORMWATER QUALITY MANAGEMENT PROGRAM
City of Camarillo Signature Page
CITY OF CAMARILLO
Shawn Mulchay, Mayor Date
City of Camarillo
ATTEST:
_________________________________
Kristy Buxkemper, City Clerk
APPROVED AS TO FORM:
Office of City Attorney:
_______________________________
City Attorney
7 6
G:\PW\EC\Stormwater\Implementation Agreement\2022 Implementation Agreement\Final_2_NPDES_Implementation_Agmt
SECOND AMENDMENT TO NATIONAL POLLUTANT DISCHARGE ELIMINATION
SYSTEM IMPLEMENTATION AGREEMENT
VENTURA COUNTYWIDE STORMWATER QUALITY MANAGEMENT PROGRAM
City of Fillmore Signature Page
CITY OF FILLMORE
Diane McCall, Mayor Date
City of Fillmore
ATTEST:
_________________________________
City Clerk
APPROVED AS TO FORM:
Office of City Attorney:
_______________________________
City Attorney
8 7
G:\PW\EC\Stormwater\Implementation Agreement\2022 Implementation Agreement\Final_2_NPDES_Implementation_Agmt
SECOND AMENDMENT TO NATIONAL POLLUTANT DISCHARGE ELIMINATION
SYSTEM IMPLEMENTATION AGREEMENT
VENTURA COUNTYWIDE STORMWATER QUALITY MANAGEMENT PROGRAM
City of Moorpark Signature Page
CITY OF MOORPARK
Janice S. Parvin, Mayor Date
City of Moorpark
ATTEST:
_________________________________
Ky Spangler, City Clerk
APPROVED AS TO FORM:
Office of City Attorney:
_______________________________
City Attorney
9 8
G:\PW\EC\Stormwater\Implementation Agreement\2022 Implementation Agreement\Final_2_NPDES_Implementation_Agmt
SECOND AMENDMENT TO NATIONAL POLLUTANT DISCHARGE ELIMINATION
SYSTEM IMPLEMENTATION AGREEMENT
VENTURA COUNTYWIDE STORMWATER QUALITY MANAGEMENT PROGRAM
City of Ojai Signature Page
CITY OF OJAI
Betsy Stix, Mayor Date
City of Ojai
ATTEST:
_________________________________
Cynthia Burell, City Clerk
APPROVED AS TO FORM:
Office of City Attorney:
_______________________________
City Attorney
10 9
G:\PW\EC\Stormwater\Implementation Agreement\2022 Implementation Agreement\Final_2_NPDES_Implementation_Agmt
SECOND AMENDMENT TO NATIONAL POLLUTANT DISCHARGE ELIMINATION
SYSTEM IMPLEMENTATION AGREEMENT
VENTURA COUNTYWIDE STORMWATER QUALITY MANAGEMENT PROGRAM
City of Oxnard Signature Page
CITY OF OXNARD
John Zaragoza, Mayor Date
City of Oxnard
ATTEST:
_________________________________
Rose Chaparro, City Clerk
APPROVED AS TO FORM:
Office of City Attorney:
_______________________________
City Attorney
11 10
G:\PW\EC\Stormwater\Implementation Agreement\2022 Implementation Agreement\Final_2_NPDES_Implementation_Agmt
SECOND AMENDMENT TO NATIONAL POLLUTANT DISCHARGE ELIMINATION
SYSTEM IMPLEMENTATION AGREEMENT
VENTURA COUNTYWIDE STORMWATER QUALITY MANAGEMENT PROGRAM
City of Port Hueneme Signature Page
CITY OF PORT HUENEME
Richard Rollins, Mayor Date
City of Port Hueneme
ATTEST:
_________________________________
City Clerk
APPROVED AS TO FORM:
Office of City Attorney:
_______________________________
City Attorney
12 11
G:\PW\EC\Stormwater\Implementation Agreement\2022 Implementation Agreement\Final_2_NPDES_Implementation_Agmt
SECOND AMENDMENT TO NATIONAL POLLUTANT DISCHARGE ELIMINATION
SYSTEM IMPLEMENTATION AGREEMENT
VENTURA COUNTYWIDE STORMWATER QUALITY MANAGEMENT PROGRAM
City of Ventura Signature Page
CITY OF VENTURA
Sofia Rubalcava, Mayor Date
City of Ventura
ATTEST:
_________________________________
Tracy Oehler, Interim City Clerk
APPROVED AS TO FORM:
Office of City Attorney:
_______________________________
City Attorney
13 12
G:\PW\EC\Stormwater\Implementation Agreement\2022 Implementation Agreement\Final_2_NPDES_Implementation_Agmt
SECOND AMENDMENT TO NATIONAL POLLUTANT DISCHARGE ELIMINATION
SYSTEM IMPLEMENTATION AGREEMENT
VENTURA COUNTYWIDE STORMWATER QUALITY MANAGEMENT PROGRAM
City of Santa Paula Signature Page
CITY OF SANTA PAULA
Jenny Crosswhite, Mayor Date
City of Santa Paula
ATTEST:
_________________________________
Julie Latshaw, City Clerk
APPROVED AS TO FORM:
Office of City Attorney:
_______________________________
City Attorney
14 13
G:\PW\EC\Stormwater\Implementation Agreement\2022 Implementation Agreement\Final_2_NPDES_Implementation_Agmt
SECOND AMENDMENT TO NATIONAL POLLUTANT DISCHARGE ELIMINATION
SYSTEM IMPLEMENTATION AGREEMENT
VENTURA COUNTYWIDE STORMWATER QUALITY MANAGEMENT PROGRAM
City of Simi Valley Signature Page
CITY OF SIMI VALLEY
Keith L. Mashburn, Mayor D a t e
City of Simi Valley
ATTEST:
Lucy Blanco, City Clerk
APPROVED AS TO FORM:
Office of City Attorney:
David L. Caceres, City Attorney
15 14
G:\PW\EC\Stormwater\Implementation Agreement\2022 Implementation Agreement\Final_2_NPDES_Implementation_Agmt
SECOND AMENDMENT TO NATIONAL POLLUTANT DISCHARGE ELIMINATION
SYSTEM IMPLEMENTATION AGREEMENT
VENTURA COUNTYWIDE STORMWATER QUALITY MANAGEMENT PROGRAM
City of Thousand Oaks Signature Page
CITY OF THOUSAND OAKS
Bob Engler, Mayor Date
City of Thousand Oaks
ATTEST:
_________________________________
Cynthia Rodriguez, City Clerk
APPROVED AS TO FORM:
Office of City Attorney:
_______________________________
City Attorney
16 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
IMPLEMENTATION AGREEMENT
VENTURA COUNTYWIDE STORMWATER QUALITY MANAGEMENT PROGRAM This AGREEMENT is between the County of Ventura hereinafter referred to as COUNTY, the Ventura County Watershed Protection District hereinafter referred to as DISTRICT and the Cities of Camarillo, Fillmore, Moorpark, Ojai, Oxnard, Port Hueneme, San Buenaventura, Santa Paula, Simi Valley and Thousand Oaks, hereinafter collectively referred to as CITIES, with respect to the following matters:
RECITALS
Whereas, Congress in 1987 amended Section 402 of the Federal Clean Water Act [33 U.S.C.A. 1342(p)] to require the federal Environmental Protection Agency (EPA) to promulgate regulations for stormwater discharges; and
Whereas, these regulations require the control of pollutants for stonnwater discharges by requiring a National Pollutant Discharge Elimination System ("NPDES") permit for the diSCharge of stormwater into waters of the United States; and Whereas, the CITIES, the COUNTY and the DISTRICT entered into a series of agreements beginning in 1992 ("Implementation Agreements") to fund and develop an integrated stonnwater discharge management program with the objective of protecting and improving water quality in Ventura County; and
Whereas, pursuant to the Implementation Agreements, the CITIES, the COUNTY, and the DISTRICT jointly filed an application with the Los Angeles Regional Water Quality Control Board (Regional Board) for a NPDES permit; and
Whereas, the Regional Board in 1994 adopted Order No. 94-082 which regulated stonnwater discharges in Ventura County; and
Whereas, the Regional Board in 2000 replaced Order No. 94-082 with Order No. 00- 108; and
Whereas, the Regional Board on May 7,2009 replaced Order No. 00-108 with Order No. 09-0057; and
Whereas, the Regional Board on July 8, 2010 adopted Order No. 2010-0108 (PERMIT), which designates the CITIES, the COUNTY and the DISTRICT as "Co-Pennittees" and designates the DISTRICT as the "Principal Permittee;" and Whereas, the Implementation Agreements provide, among other things, for the funding ofNPDES program requirements through the DISTRlCT's Benefit Assessment Program; and 1-9
ATTACHMENT B
17 Whereas, the CITIES, the COUNTY, and the DISTRICT have approved annual extensions of the hnplementation Agreements in order to provide· annual funding for NPDES program requirements; and
Whereas, the latest extension of the Implementation Agreements will expire on June 30,2010; and
Whereas, the CITIES, the COUNTY, and the DISTIRCT mutually desire to modify, among other things, the cost share provisions under the Implementation Agreement in accordance with changes to the NPDES Program while preserving the Benefit Assessment Program as a source of funding for the program; and
Whereas, cooperation among the CITIES, the COUNTY and the DISTRICT to jointly implem~nt a Countywide NPDES Stormwater Program is in the best interests of the CITIES, the COUNTY and the DISTRICT; and
Whereas, the CITIES, COUNTY and DISTRICT also operate municipal storm drain systems and discharge stormwater and urban runoff pursuant to the PERMIT; and Whereas, the CITIES, COUNTY and DISTRICT as Co-Permittees have obtained, renewed and complied with the PERMIT; and
Whereas, the PERMIT requires the Co-Permittees to coordinate the development and implementation of a stormwater quality management program.
NOW, THEREFORE, the parties do mutually agree as follows:
1. PURPOSE: This AGREEMENT establishes the rights and responsibilities of each party with respect to funding and compliance with the PERMIT.
2. CONDUCT OF VENTURE: The responsibilities of the CITIES, COUNTY and DISTRICT are as described in the PERMIT and as described below:
A. Each Co-Permittee is independently responsible for complying with the requirements of the PERMIT within its own jurisdiction and complying with any individual enforcement actions pertaining to permit violations issued by the Regional Board.
B. The Ventura Countywide Stormwater Quality Management Program (PROGRAM) will be managed by a Management Committee (COMMITTEE).
The COMMITTEE will be composed of twelve (12) members; one representative of each of the CITIES, COUNTY, and the DISTRICT. The COMMITTEE will be the principal forum for directing the activities of PROGRAM. The COMMITTEE will be chaired by the representative of the Principal Permittee named in the PERMIT.
C. Each member of the COMMITTEE will have one vote for any motion. Any budgetary motion must be approved by a 2/3 majority vote of the COMMITTEE (8 of 12), and any non-budgetary motion must be approved by majority vote. 2·9
18 D. Rules governing the efficient operation of the PROGRAM (Appendix A) and COMMITTEE (Appendix B), including the definition of Co-pennittee activities, Principal Permittee activities (Administration, Reporting, Monitoring.
Countywide Outreach), as defined by the C9MMITTEE are incorporated herein and attached as appendices. The Public Works Directors Committee (DIRECTORS) will be composed of 12 members; the Public Works Director of each of the ten CITIES, the County's Public Works Director, and the District's Director, or their designees.
E. The DISTRICT, in addition to being a Co-Permittee, performs the services of the Principal Permittee. If there should be a transition 'of any Principal Permittee service(s) to another service provider, it is the intent of the Co-Permittees that a reasonable time period be required to enable a smooth transition of those services that minimizes the DISTRICT's loss in either infrastructure or staff levels. For external expenses of tasks over $50,000, Co-Permittees have the option of directing the Principal Permittee to go through a competitive process for choosing the method of delivery of services.
F. DISPUTE RESOLUTION: Any COMMITTEE member may appeal any formal decision ofthe COMMITTEE to the DIRECTORS.
All appeals brought to the DIRECTORS must be decided by a 2/3 majority vote of the DIRECTORS.
3. FINANCIAL RESPONSIBILITIES: COMMITTEE-approved activities performed by the Principal Permittee benefit all of the Co-Permittees. By pooling resources, the Co-Pennittees benefit from cost sharing and better coordination of permit-required activities. Each of the Co-Permittees has a responsibility to fund a portion of the budget for services performed by the Principal Permittee. Principal Permittee activities, in general, consist of the following: program administration/coordination, reporting, monitoring and public outreach. In addition, those activities not included in the annually approved Principal Permittee budget (for instance, those activities specific to one party) are not the responsibility of the Co-Permittees.
A. Principal Permittee Costs - The DISTRICT will pay 50% of the Principa't Permittee cost, annually, with one exception: for Fiscal Year (July 1 through June 30; Fy) 2010-2011, the DISTRICT will contribute 50% up to, but not exceeding, one million dollars ($1,000,000). If the Principal Permittee costs for FY 2010- 2011 exceed two million dollars ($2,000,000), those excess costs will be shared among the CITIES and COUNTY, as described in subsection 3.B.i.
B. Co-Permittee Costs
1. CITIES and COUNTY will pay the cost for approved Principal Permittee expenses, less the DISTRICT's cost share, per subsection 3.A., proportional to the current Benefit Assessment Unit (BAU) ratios. The BAU ratios are updated annually according to the County Assessor's records. 3-9
19 ii. All Co-Permittees will pay their own costs for Co·Permittee activities not assigned to the Principal Permittee.
iii. The CITIES and COUNTY will investigate alternatives to the BAU cost sharing method and, in good faith, discuss and try to reach consensus, on maintaining the current method for cost ·sharing, or amending this AGREEMENT to initiate an alternative cost-sharing method. The investigation and discussion will take place in FY 2010-2011 with the goal to reach a consensus by April 1, 2011, so an amendment, if necessary, can be prepared to be approved by all the Co-Permittees and implemented on July 1,2011, for FY 2011-2012 and beyond.
4. FUNDING SOURCES
A. Co-Permittees may continue to fund requirements described in Section 3 through the DISTRICT's Benefit Assessment Program in accordance with annual requests submitted to the DISTRICT. Each annual request must be supported by a program description, budget, and such other information reasonably requested by the DISTRICT. The Co-Permittees' share of the Principal Permittee budget may be deducted from the proceeds of the Benefit Assessment Program or by payment to DISTRICT. Co-permittees must notify DISTRICT by February 1 of each year of their preferred method.
B. The Co-Permittees will collaborate with the DISTRICT, and invite them to participate in additional funding source(s) for activities to comply with Order No. 2010-0108.
5. RECORDS AND ACCOUNTING: By February 1 st of each year, the Principal Permittee must prepare a projected detailed annual budget by activity, including but not limited to, labor and fixed costs for COMMITTEE review and approval for the following fiscal year.
A. The Principal Permittee must implement accounting tracking mechanisms in order to report and describe contributions and expenditures annually.
B. Each year Principal Permittee expenditures will be reconciled against the approved budget. Any unexpended Principal Permittee funds will be refunded to the Co-Permittees in the subsequent year.
C. The Principal Permittee will retain all permit-required documents and fiscal records for five years, and make available for review by any Co-Permittee, the Regional Bo~d andlor the USEPA.
6. FINANCIAL IMPLEMENTATION DATE: The financial aspects of this AGREEMENT will take effect on July 1,2010.
7. AMENDMENTS TO AGREEMENT: This AGREEMENT will be re-evaluated with each new NPDES permit and prior to the finalization of any new major PROGRAM funding source. This AGREEMENT may be amended by written consent of the Co- 4-9
20 Permittees, signed and approved by the governing body of each Co-permittee. Any amendment must comply with the requirements and regulations set forth by the Regional Board. Should, during the AGREEMENT tenn, Order No. 2010-0108 be revised, the parties will have the right to call for renegotiating the financial terms described in this AGREEMENT. Revision of Order No. 2010-0108 through a TMDL reopener process (incorporation of newly adopted TMDLs into the Order) are not considered for these purposes a call for renegotiation.
8. NON-COMPLIANCE WITH PERMIT: Any Co-permittee or Principal Permittee not in compliance with the PERMIT within its jurisdiction or scope of responsibility will be solely responsible for any lawfully assessed penalties.
9. APPENDAGE OF AGREEMENT: Any Co-permittee may negotiate a separate AGREEMENT with other Co-Permittees or with all Co-Permittees regarding stormwater/urban runoff discharge management issues. Such agreements will not be appended to this AGREEMENT however, they may reference this AGREEMENT.
10. WITHDRAWAL FROM THE AGREEMENT: A Co-Permittee may withdraw from this AGREEMENT after giving at least 180 days' written notice of withdrawal to the Principal Permittee and the Regional Board. The Principal Permittee must notify the remaining Co-Permittees within ten (10)-business days of receipt of such notice.
A. The withdrawing Co-Permittee must obtain a separate Stonnwater NPDES permit prior to withdrawal and comply with all permit requirements established by the Regional Board. Any withdrawing Co-permittee will be responsible for its share of Principal Permittee and shared costs for the remainder of the budget year of withdrawal.
B. The withdrawing Co-Permittee will be solely responsible for all lawfully assessed penalties as a consequence of withdrawal. The cost allocations to the remaining Co-Permittees will be recalculated in the following budget year.
12. EXECUTION IN COUNTERPARTS: This AGREEMENT may be executed and delivered in any number of counterparts or copies by the parties. When each party has signed and delivered at least one counterpart to the other parties, each counterpart will be deemed an original, and taken together, will constitute one and the same AGREEMENT, which will be binding and effective as to all the parties.
13. FEDERAL AND STATE GUIDELINES: This AGREEMENT is meant to be consistent with the terms of all applicable Federal and State permit regulations or guidelines as presently written and as may be amended during the term of this AGREEMENT. If any provision of this AGREEMENT conflicts with any Federal or State permit regulation or guideline, the guideline will take precedence. All provisions, which remain consistent, will remain in force and effect.
14. TERM: This AGREEMENT will become effective upon approval of all 12 Co Permittees and will continue in effect until the term of the Permit issued by the Board on July 8,2010 (Order No. 2010-0108) expires, or until terminated in the manner provided for in this AGREEMENT.
5-9
21 15. TERMINATION OF AGREEMENT: A 2/3 majority (8 of 12) of the Co-Permittees may terminate this AGREEMENT by mutual written Consent.
16. NOTICES: All notices and correspondence will be deemed duly given, if (a) sent by certified U.S. mail; (b) delivered by hand; (c) deposited in the U.S. mail, postage prepaid and notice to the addresses of such mailing by phone immediately after deposit in the U.S. mail; (d) emailed and notice to the recipient by phone immediately after sending the email; or (e) faxed to the Principal Permittee and confinuation by phone immediately after sending the fax. All notices and correspondence must be sent or delivered to the following respective addresses or phone numbers of the parties:
Ventura County Watershed Protection District
800 South Victoria Avenue
Ventura, CA 93009
Attn: Director of Watershe~ Protection District
Phone: (805) 654-2040; Fax (805) 654-3350
County of Ventura
800 South Victoria Avenue
Ventura, CA 93009
Attn: Director of Public Works
Phone: (805) 654-2073; Fax (805) 654-3952
City of Camarillo
601 Carmen Drive
Camarillo, CA 93010
Attn: Director of Public Works
Phone: (805) 388-5307; Fax (805) 388-5318
City ofFillrnore
250 Central Avenue
Fillmore, CA 93015
Attn: Director of Public Works
Phone: (805) 524-3701; Fax (805) 524-5707
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Attn: City EngineerlPublic Works Director
Phone: (805) 517-6255; Fax (805) 532-2555
City ofOjai
401 South Ventura Street
Ojai, CA 93023
Attn: Director of Public Works
Phone: (805) 640-2560; Fax (805) 640:2571
6-9
22 City of Oxnard
305 West Third Street
Oxnard, CA 93030
Attn: Director of Public Works
Phone: (805) 385-8280; Fax (805) 385-7907
City of Port Hueneme
250 North Ventura Road
Port Hueneme, CA 93041
Attn: Director of Public Works
Phone: (805) 986-6568; Fax (805) 986-6660
City San Buenaventura
501 Poli Street
Ventura, CA 93001
Attn: Director of Public Works
Phone: (805) 654-7800; Fax: (805) 652-0865
City of Santa Paula
P.O. Box 569
Santa Paula, CA 93061-0569
Attn: Director of Public Works
Phone: (805) 933-4212; Fax (805) 525-3742
City of Simi Valley
2929 Tapo Canyon Road
Simi Valley, CA 93063
Attn: Director of Public Works
Phone: (805) 583-6786; Fax (805) 583-6300
City of Thousand Oaks
2100 Thousand Oaks Blvd.
Thousand Oaks, CA 91362
Attn: Director of Public Works
Phone: (805) 449-2457; Fax (805) 449-2475
17. ENTIRE AGREEMENT: This AGREEMENT contains the entire understanding of the Co-Permittees with respect to the matters contained herein, and supersedes any prior agreement or understanding, oral or written.
18. ASSIGNMENT: Each Co-Permittee has the right to assign its rights and obligations under this AGREEMENT only with the written consent of every other Co-Permittee, which consent may not be unreasonably withheld.
19. SUCCESSORS IN INTEREST: Except as otherwise provided, this AGREEMENT will inure to the benefit of and be binding upon the successors and assigns of the parties. Except as expressly set forth herein, this AGREEMENT is not intended to benefit any person or entity not a party to this AGREEMENT. 7-9
23 20. SECTION HEADINGS: Headings at the beginning of each numbered section of this AGREEMENT are solely for the convenience of the parties and are not a part of this AGREEMENT.
21. SEVERABILITY: The invalidity in whole or in part of any provision of this AGREEMENT will not void or affect the validity of the other provisions of this AGREEMENT. .
22. INTERPRETATION: The language in all parts of this AGREEMENT will be construed under the laws ofthe State of California according to its normal and usual meaning, and not strictly for or against any party. Exclusive venue for any action involving this AGREEMENT is in Ventura County. In the event of litigation in a United States District Court, exclusive venue is the Central District of California.
23. NO AGENCY CREATED: Nothing in this AGREEMENT is intended to create a separate entity or agency and no party to this AGREEMENT is the agent of any other party and nothing in this AGREEMENT will be construed as permitting or authorizing any party to this AGREEMENT to act in any capacity as an agent of the other except as expressly provided herein. Notwithstanding the foregoing, the parties acknowledge that they are entering into this AGREEMENT for their mutual benefit, and the parties agree to execute such fiu1her agreements and documents and take such further actions as may be reasonably necessary to implement this AGREEMENT.
24. AUTHORITY TO EXECUTE AGREEMENT: Each party covenants that each individual executing this AGREEMENT on behalf of such party is a person duly authorized and empowered to execute agreements for such party. 8-9
24 APPENDIX A: GUIDELINES FOR DETERMINING PRINCIPAL PERMITTEE ACTIVITIES Definition of Program Activities: Program Activities are permit required activities.
Administration
Serve as liaison between the Co-permittees and the RWQCB; • Set time schedules for the performance of activities; • Forward Co-permittee information to the RWQCB;
• Arrange for public review, when needed;
• Update C01lermittees on R WQCB and EPA regulations
25 APPENDIX B: COUNTYWIDE STORMWATER PROGRAM
MANAGEMENT COMMITTEE
The NPDES Management Committee (COMMmEE) is the principal forum for directing the countywide stormwater quality management program (PROGRAM) and is composed of twelve (12) members, one representative for each of the CrnES, COUNTY, and the DISTRICT. .
1. The COMMmEE is chaired by the Principal Co-permittee and meets as needed (at least quarterly) to achieve permit requirements· and assure PROGRAM continuity.
2. COMMmEE members and designated alternates shall be senior level and appointed by their Agency.
3. The COMMmEE shall direct and guide the Program and review and approve the Program budget, comment letters, and report submittals to various agencies (i.e., monitoring reports, annual reports and comment letters sent to Los Angeles Regional Water Quality Control Board. The COMMmEE shall conSider permit compliance, including benefit as a primary objective in approving program tasks and corresponding budgets.
4. The COMMmEE will review materials developed by the subcommittees, provide comments, and approve or reject program activities.
5. The LARWQCB may appoint a non~voting representative and alternate to the Management Committee ..
1-1
26 July 14, 2010 Version
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
AMENDMENT TO IMPLEMENTATION AGREEMENT
VENTURA COUTYWIDE
STORMWATER QUALITY MANAGEMENT PROGRAM
County of Ventura Signature Page
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment on the day and pate below written.
COUNTY OF VENTURA
€Zr~e-4-
Board of Supervisors
ATTEST:
Marty Robinson
Clerk of the Board of Supervisors
County of Ventura
State of Califor ia
9-9
27 July 14, 2010 Version
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
AMENDMENT TO IMPLEMENTATION AGREEMENT
VENTURA COUTYWIDE
STORMWATER QUALITY MANAGEMENT PROGRAM
Ventura County Watershed Protection District Signature Page IN WITNESS WHEREOF. the Parties hereto have executed this Amendment on the day and date below written.
VENTURA COUNTY WATERSHED PROTECTION DISTRICT
~~L~
t1ai0>2b-r~~
Watershed Protection District
Board of Supervisors
ATTEST:
Marty Robinson
Clerk of the Board of Supervisors
County of Ventura
State of Californi
Date \
By: ~~~~~~~~~ ____________ _
9-9
28 ATTEST:
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
IMPLEMENTATION AGREEMENT
VENTURA COUNTYWIDE
STORMWATER QUALITY MANAGEMENT PROGRAM
City of Port Hueneme Signature Page
City of Port Hueneme, California
uty City Clerk
APPROVED AS TO FORM:
~D 1 TO/DMINISTRATION:
I ,~
9-9
29 Appendix A January 12,2011 Version
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
AMENDMENT TO IMPLEMENTATION AGREEMENT
VENTURA COUTYWIDE
STO.RMWATER QUALITY MANAGEMENT PROGRAM
City of Santa Paula Signature Page
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment on the day and date below written. .
CITY OF SANTA PAULA
ATTEST.:,...: __
~4ff< ~ eM:FOntes. j C'MB.nager
9-9
1 j
30 July 14, 2010 Version
Agreement No. A-7357
CITY OF OXNARD
ATTEST:
APPROVED AS TO FORM: APPROVED AS TO INSURANCE
Jes Cameron, Chief Financial Officer
APPROVED AS TO CONTENT:
Rob Roshanian, Interim Public Works Director
Anthony Emmert, Water Resources Manager
31 Date
ATTEST:
NATIONAL POLLUTANT DISCHARGE ELIMINATION
SYSTEM IMPLEMENTATION AGREEMENT
VENTURA COUNTYWIDE
STORMWATER QUALITY MANAGEMENT PROGRAM
City of Camarillo Signature Page
A7J~
Jerry B:on, City Manager
City of Camarillo, California
effrie Madland, City Clerk
APPROVED AS TO FORM:
0(iiJ;
Brian Pierik, City Attorney
Agreement No. 2010-58
32 July 14, 2010 Version
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
IMPLEMENTATION AGREEMENT
VENTURA COUNTYWIDE
STORMWATER QUALITY MANAGEMENT PROGRAM
City of Thousand Oaks Signature Page
~~$~
Dennis C. Gillette
City of Thousand Oaks, California
ATTEST:
~~#YLU-
Linda D. Lawrence, City Clerk
APPROVED AS TO FORM:
Office of City Attorney
lstopher G. Norman, Assistant City Attorney
APPROVED AS TO ADMINISTRATION:
Scott Mitnick, City . anager
9-9
City Council: 09/07/2010
Contract No. 9447-2010
33 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
IMPLEMENTATION AGREEMENT
VENTURACOUNTY~DE
STORMWATER IMPLEMENTATION PROGRAM
City of Simi Valley Signature Page
Paul Miller, ~or
City of Simi Valley, California
ATTEST:
Wendy K. Gree ,Assistant City Clerk
APPROVED AS TO FORM:
Office of City Attorney
APPROVED AS TO CONTENT:
Mike SedeU, City Manager
SC\Sw\IMP AGREE\2010IMP AOREEMENT\IA7-14-10
34 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
IMPLEMENTATION AGREEMENT
VENTURA COUNTYWIDE
STORMWATER QUALITY MANAGEMENT PROGRAM
City of Moorpark Signature Page
IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the day and date first above written.
CITY OF MOORPARK
10.13 .201 0
a . e S. Parvin, Mayor Date
ity of Moorpark, California
ATIEST :
35 July 14, 2010 Version
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
IMPLEMENTATION AGREEMENT
VENTURA COUNTYWIDE STORMWATER QUALITY MANAGEMENT PROGRAM
SIGNATURE PAGE
CITY OF FILLMORE,
By: ~tJ~
Patti Walker, Mayor
ATTEST:
APPROVED AS
By :
J:\ENGR\PWIO\l003 NPDES COUNTYWIDE lA.doc 9-9
36 City of San Buenaventura Signature Page
CITY OF SAN BUENA VENTURA
APPROVED AS TO FORM
Ariel Pierre Calonne
City Attorney
37 July 14,2010 Version
20. SECTION HEADINGS: Headings at the beginning of each numbered section ofthis AGREEMENT are solely for the convenience of the parties and are not a part of this AGREEMENT.
21. SEVERABILITY: The invalidity in whole or in part of any provision of this AGREEMENT will not void or affect the validity of the other provisions of this AGREEMENT.
22. INTERPRETATION: The language in all parts of this AGREEMENT will be construed under the laws of the State of California according to its normal and usual meaning, and not strictly for or against any party. Exclusive venue for any action involving this AGREEMENT is in Ventura County. In the event oflitigation in a United States District Court, exclusive venue is the Central District of California.
23. NO AGENCY CREATED: Nothing in this AGREEMENT is intended to create a separate entity or agency and no party to this AGREEMENT is the agent of any other party and nothing in this AGREEMENT will be construed as permitting or authorizing any party to this AGREEMENT to act in any capacity as an agent of the other except as expressly provided herein. Notwithstanding the foregoing, the parties acknowledge that they are entering into this AGREEMENT for their mutual benefit, and the parties agree to execute such further agreements and documents and take such further actions as may be reasonably necessary to implement this AGREEMENT.
24. AUTHORITY TO EXECUTE AGREEMENT: Each party covenants that each individual executing this AGREEMENT on behalf of such party is a person duly authorized and empowered to execute agreements for such party. [An executed signature page must be provided by each signatory.] City of Ojai
Interim City Manager
ATTEST:
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