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Item 18 - Amended and Restated Agreement for NPDES Stormwater Permit Implementation
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Item 18 - Amended and Restated Agreement for NPDES Stormwater Permit Implementation
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4/1/2026 12:25:27 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
18
Date
4/7/2026
Destruction Year
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NPDES Permit Implementation Agreement <br />April 7, 2026 <br />Page 2 <br />5 <br />6 <br />7 <br />9 <br />The proposed 2026 amendment to the Agreement reflects current regulatory <br />requirements, administrative practices, and programmatic needs. It continues the <br />Countywide approach among the Permittees (Orange County cities & County) to <br />implement regional stormwater management strategies, and also provides added <br />flexibility in designing and developing local watershed-specific strategies, programs, and <br />projects. The amendment also formalizes the consultation process with the Orange <br />County City Managers Association (OCCMA). The term of the Agreement is indefinite, <br />unless amended or terminated in accordance with the terms in the Agreement. <br />Key provisions of the amended and restated Agreement include: <br />Continued designation of the County as the administrator of the regional Orange <br />County Stormwater Program. <br />Clarification of responsibilities for each Permittee, including compliance reporting, <br />monitoring, and implementation of Best Management Practices (BMPs). <br />Engagement with the OCCMA for strategic input on compliance and funding. <br />Updated collaborative review process for annual operating budgets, including <br />new sub-budgets to be established with smaller groups of Permittees to support <br />development of targeted water quality projects and programs. <br />Continues the existing cost sharing formula between Permittees based on land <br />area and population, with the Orange County Flood Control District contributing <br />10% and the County and Cities sharing the remaining 90% for the annual <br />operating budget countywide. For new sub-budgets, the same approach will be <br />used to share costs amongst those participating agencies. <br />The shared cost budget developed annually for this Agreement maintains the existing <br />cost sharing formula based on land area and population for the unincorporated County <br />and 34 Orange County cities. Historically, the City’s portion of the shared cost budget <br />has been approximately 5.6%. Staff recommends the approval of this Agreement for <br />continued compliance with federal and state regulations. <br />ENVIRONMENTAL IMPACT <br />There is no environmental impact associated with this action. Approval of the <br />Agreement allows the City to continue to comply with the Federal Clean Water Act and <br />the related regulations promulgated by the State Water Quality Control Board. <br />FISCAL IMPACT <br />Funding is included in the approved FY 2025-26 budget and approval of this agreement <br />does not result in an additional fiscal impact for the current fiscal year. The Fiscal Year <br />2026-27 funding for this Agreement is anticipated to be approximately $567,959. <br />Subsequent funding for future years will be included in the proposed budgets for City <br />Council consideration.
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