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HomeMy WebLinkAboutORANGE, COUNTY OF (20) - 2002 A-2002-140 ~ Agreement 002-046 II 1 AIIBNmIB1rl' AHD US'!'A'rmID'r 01' HA'1'IOII1.1. POLLU'rAR'1' nxsCBnCD m.:aaHA'rXOR SYS'nIl 2 8'1'0"1.'1'0 PBltKI'1' DlPLmmR'l'A'rXOH AQ.W'BIIrUIf 3 4 This AGREEMENT, for purposes of identification numbered 002-048, entered into 5 this &!i~ day of ~~ 6 the COUNTY), the Orange County Flood Control District (herein called DISTRICT) and the , 2002, by the County of Orange, (herein called 7 cities 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 WQA) 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 application. 26 for permits for stormwater discharges; and 1 5-31.Q2 FlnII Agreement D02-04 "- 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 Flood 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 within 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 Region (RWQCB-SDR) (collectively, the RWQCSs) 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 RWQCBs; and 25 WHEREAS, the COUNTY has been designated as the Principal PERMITTEE on the 26 permi ts; and 2 5-31.()2 FNI I I Agreement 002 - 04 S! 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 NPDES 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 as described in Section IV of the ORIGINAL 16 AGREEMENT; and 17 WHEREAS, Section VI of the ORIGINAL AGREEMENT states that any city which becomes 18 signatory to this ORIGINAL AGREEMENT after the applications for the initial NPDES 19 stormwater permits have been approved shall comply with all of the provisions of the ORIGINAL AGREEMENT; and, 20 21 WHEREAS, pursuant to Sections VI and X of the ORIGINAL AGREEMENT, the PERMITTEES approved Amendment No. 1 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 3 s.31~ FNI Agreement 002-048 1 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 6 and amend Sections II, III.A., III.B., III.C., IV, VIII, IX, XI and XV in their 7 entirety as follows: 8 I. FILING STATUS 9 The COUNTY, DISTRICT and CITIES will file the applications tor 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 AGREEEMENT. 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 4 ~~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Agreement 002-048 affirmative responses from a majority of the PERMITTEES which represent a majority of the percentage contribution as described in Section IV. The COUNTY and the DISTRICT will represent one voting PERMITTEE with 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 each year with approval of the final budget to be completed by February 15. b. The annual operating budget shall not be exceeded without prior consent of the majority of the PERMITTEES which represent a majority of the percentage contribution. 2. Consulting with the city managers and any committees established by the city managers when preparing budgets and major program elements. 3. Preparing compliance reports to the Regional Board and providing copies to the PERMITTEES. 4. Preparing a model system-wide Best Management Practices (BMP) Program report. s. Monitoring the implementation and ensuring the effectiveness of system-wide BMPs. This will include field reconnaissance to evaluate structural and procedural BMPs. An annual report to the RWQCBs will be prepared presenting the results of these evaluations. 6. The COUNTY as Principal PERMITTEE may retain the services of professional consultants and may fund, or contribute to 5 ~~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 B. Agreement D02-048 funding technical and/or economic studies conducted by professional organizations such as the American Public Works Association The DISTRICT shall, to the maximum extent practicable, and on a cost-shared basis except as set forth in subparagraph 4 below: 1. Perform the water quality and hydrographic monitoring for permit compliance. 2. Administer the water pollution control program by enforcing the Orange County Water Quality Ordinance. 3. Develop uniform criteria for annual inspection of drainage facilities. 4. Perform inspections, at no cost to the CITIES or the COUNTY, on those facilities owned by the DISTRICT and on municipal separate storm sewers in unincorporated County. Contracts for such inspections within CITIES may be undertaken at the sole expense of the requesting city. C. The CITIES shall, to the maximum extent practicable, and at no cost 2. 3. to COUNTY or DISTRICT: 1. Implement a facility inspection program in accordance with the uniform criteria developed by the DISTRICT, for all municipal separate storm sewers as defined by the stormwater permit and within the jurisdictional boundaries of that city. Submit to the COUNTY stormwater drain maps with periodic revisions which reflect the modifications that were made to the storm drain system. Prepare watershed characterizations, including: a. Zoning designations, and 6 5-31-02 final 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Agreement D02-048 4. S. Identification of areas where hazardous materials presently are or are suspected to have been stored, manufactured, or disposed. This shall include sites at which a hazardous material spill has occurred. Review, approve, and implement system-wide BMPs. b. D. Eliminate, or have eliminated, illegal/illicit connections to the storm drain system. Identify the legal authority for control of discharges to the storm drain system. Provide to the COUNTY annual reports (on forms provided by the COUNTy) and any other information needed to satisfy annual reporting requirements of the RWQCBs. Adopt and enforce, or name DISTRICT as enforcer of a water pollution control ordinance, which prohibits non-NPDES permitted discharges to the municipal separate storm sewer system. The COUNTY shall, to the maximum extent practicable and at no cost 6. 7. 8. E. to the CITIES or the DISTRICT, undertake in the unincorporated areas of the COUNTy all activities required above of the CITIES that are not responsibilities of the DISTRICT as outlined in Section III. B. The PERMITTEES hereby establish a Technical Advisory Committee (herein called COMMITTEE) consisting of five members chosen by the Orange County City Engineers Association, and one member representing the COUNTy. The COMMITTEE shall prepare by-laws for the Technical Advisory Committee and submit same to PERMITTEES for approval. The COMMITTEE will act in an advisory role to the 7 5-31.02 FIMI 1 2 3 4 5 6 7 8 9 10 11 12 13 14 I 15 16 17 18 19 20 21 22 23 24 25 26 IV. Agreement 002-048 PERMITTEES and implement policy previously established by the PERMITTEES. PROGRAM COSTS The responsibilities for payment of all shared costs of equipment, services, contracted analytical services, and the cost of the Regional Board permits, shall be distributed among the COUNTY, DISTRICT, and CITIES as follows: Participants Percentage Contribution 10 90 DISTRICT CITIES + COUNTY The individual percentage contributions from each city and the COUNTY shall be functions of their respective areas and population relative to those of the entire County. Each area shall be calculated as one half of the sum of the area and population fractions, multiplied by 90'. Excluded are national forests, state parks, airports, landfills, oceans, harbors, tidal bays and military installations (Exhibit A-l). The contribution of the COUNTY shall be calculated from unincorporated areas and their respective populations. Share in percent for City #1 .. {(XdX~o~) + (Yl/Y~OC) }/2 x (90) x = area Y = population tot .. total population or area 90 = total percentage excluding Flood Control District contribution 8 5-31.02 FIn8I Agreement D02-048 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.l.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 (net of interest earnings) exceeding the sum of the deposits, the 9 ~~~ 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 ~udget, 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 Each city and the COUNTY shall bear the financial responsibility for 26 implementing the Program, within its jurisdictional ~ound.rie8, as outlined in Section III. C. and D. 10 ~3'.()2 FNJ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 V. VI. Agreement D02-04 LIFE OF THE AGREEMENT The life of the AGREEMENT shall be indefinite or as long as the WQA mandates compliance. ~DITIONAL PARTIES Any city which becomes signatory to this AGREEMENT after the applications for the initial NPDES stormwater permits have been approved and any city which becomes inCOrPOrated shall become a PERMITTEE on the NPDES stormwater permit issued by its respective RWQCB and shall comply with all of the provisions of this AGREEMENT. The date of initiation, for determining participant costs for newly incorporated CITIES shall be the date of incorporation, and for a city signing after NPDES stormwater permit approval it shall be the date of the initial application for the NPDES Stormwater permit. The costs for adding the additional parties to the program, including additional permit and processing fees, shall be paid by the added party. Monies to be reimbursed to the existing PERMITTEES shall be credited to their respective annual program operating fees for the following budget year. VII. WITHDRAWAL FROM THE AGREEMENT A participant may withdraw from the AGREEMENT 60 days subsequent to written notice to the COUNTY. The COUNTY will notify the remaining PERMITTEES within 10 business days of receipt of the withdrawal notice. The withdrawing participant shall agree to file for a separate permit and to comply with all of the requirements established by the RWQCB(s). In addition, withdrawal shall constitute forfeiture of the withdrawing participant's deposit for the budget year of withdrawal. The withdrawing participant shall be responsible for all lawfully assessed penalties as a 11 5-31-02 Final 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Agreement D02-048' consequence of withdrawal. The cost allocations to the remaining members will be recalculated in the following budget year. VIII. NON-COMPLIANCE WITH PERMIT REQUIREMENTS X. XI. Any PERMITTEE found in non-compliance with the conditions of the permit within their jurisdictional responsibilities shall be solely liable for any lawfully assessed penalties, pursuant to Section 13385 of the Water Code and the Federal Clean Water Act. Common penalties shall be calculated according to the formula outlined in Section IV. IX. LEGAL ACTION/ COSTS/ ATTORNEY FEES Where any legal action is necessary to enforce any provision hereof for damages by reason of an alleged breach of any provisions of this AGREEMENT, the prevailing party shall be entitled to receive from the losing party all litigation and collection expenses, administrative costs, witness fees and court costs including reasonable attorneys fees. AMENDMENTS TO THE AGREEMENT This AGREEMENT may be amended by consent of a majority of the PERMITTEES which represent a majority of the percentage contributions as described in Section IV. The COUNTY and the DISTRICT will represent one voting PERMITTEE with a percentage contribution equal to the sum of the individual contributions of the COUNTY and DISTRICT as described in Section IV. No amendment to this AGREEMENT shall be effective unless it is in writing and signed by the duly authorized representatives of the majority of PERMITTEES. AUTHORIZED SIGNATORIES The County Director of the Public Facilities and Resources Department and the respective City Managers, shall be authorized to execute the applicationls) for NPDES municipal stormwater permitls) and take all other 12 fN1.Q2 Final 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Agreement D02-048 procedural steps necessary to file the application(s) for NPDES municipal stormwater permit(s). XII . NOTICES All notices shall be deemed duly given if delivered by handj or three (3) days after deposit in the U.S. Mail, postage prepaid. XIII. GOVERNING LAW This AGREEMENT will be governed and construed in accordance with laws of the State of California. If any provision or provisions of this AGREEMENT shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not any way be affected or impaired hereby. XIV. CONSENT TO BREACH NOT WAIVER No term or provision hereof shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the PERMITTEE to have waived or consented. Any consent by any PERMITTEE to, or waiver of, a breach by the other, whether express or implied,'shall not constitute a consent to, waiver of, or excuse for any other different or subsequent breach. xv. APPLICABILITY OF PRIOR AGREEMENTS This document restates and amends the provisions in prior agreements and constitutes the entire AGREEMENT between the PERMITTEES with respect to the subject matterj all prior agreements, representations, statements, negotiations and undertakings are superseded hereby. XVI. EXECU'I'ION OF THE AGREEMENT. This AGREEMENT may be executed in counterparts and the signed counterparts shall constitute a single instrument. 13 5-31.()2 FInal Agreement 002-06 2 opposite their respective signatures: 1 IN WITNESS WHBREOF, the parties hereto have executed this Agreement on the dates 3 4 5 6 7 8 9 10 Date: 11 12 13 14 15 Date: 16 17 bCA - ;).'5-0 ~ o ~ . ;).fi- (J ~ ORANGE COUNTY FLOOD CONTROL DISTRICT A body corporate and politic # LJ /,- By~tr~/ Chairman of the Board of Supervisors COON'l'Y OF ORDGE A body corporate and politic By ~;f?~ Chai n of the Board of Supervisors SIGNED AND CERTIFIED THAT A COpy OF THIS AGREEMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD By 18 APPROVED AS TO FORM COUNTy COUNSEL 19 ORANGE COUNTY, CALIFORNIA 20 21 By 22 23 Date: (, h,.,/Q~ I ' 24 III 25 III 26 III 14 5-31.Q2 FInlII 1 CITY OF ALISO VIEJO 2 3 4 Date: Oe.fober cdS, 2002 5 6 7 AL'TEST: : A~o..~/ City Clerk 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Agreement 002-048 APPROVED AS TO FORM: ~,~_.~~L~ C:Lty Attorney 15 ~1.()2 FlII8I 1 CITY OF ANAHEIM 2 3 Date: 4 5 6 ATTEST: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ~ -/J,() do. , 2002 A~ ~~ .lb_ " Agreement D02 - OU By: / ..dw~ CitY;Clerk APPROVED AS TO rORM: JACK L. WHITE, CITY ATTORNEY A'l'TORNE ,~ - EXHIBIT 8 - 2B San Diego Region Water Quality MonItOring Element Coats Sharing NPDES Permittee 8ha.... of Reven.. FI.cal Y_r 200212003 ill PermIttH Viejo- OIl.. Point LIIguna Beach Laguna Hw. (82.23~ in SDR) L.;una Niguel l.IIguna Wooda- (...~ in SDR) lila F~ (31.~ in SDR) MiAion V.jo R8IlCho Sen1a Margwita- s.n CIernerQ San Juan Capistrano County of Orange (5U5~ in SDR) CFCD PopuIatIDn · <<>,116 35.800 2",150 27,878 83.200 8.0045 2",022 86,600 ",350 52.500 34.600 10.983 o 1 . Area (sq. mL) .. 7.15 8.440 7.820 5.448 15.003 1.. 5.2BO 17."27 13.0e0 17.887 1".054 45.030 0.000 1 .. WeIgh'" A~ .... of Revenue 5.584858384 ".178452858 ".3820451082 ".00258587" 9.~CM 1.12410208 3.812338217 13.45055257 7.980217078 9.6&4824288 7.072910183 18.31585438 10 1 ..... .... FY 1OD2'-3 $70.875 $83.238 S55.<<J3 S50.833 $12...... $1".278 145.877 $170.822 $101,"78 $122.897 SI8.127 1232,811 $127.000 1 . Sou'ce: StIItiI of C8IIfamia, [)ep8nrnent of FIn8nct, E-1 CitylCounty Population EatitnetN with AnnuM Pwcent CIIMrr1e, J.nu.ry 1, 2000 ."d 2001 . Sacramerm. Cdfomill, May 2001. - Source: Public Faciities and RMOUr~ Department - Geomatica. AT.. was caIcuIRId in miles uaing the dIy land area figures and .ubncting .,... in MCh j~ for national rar-ta, ... pwb. airporta, landfills and military inmIIIItioM .. c:leWmined in the NPOES s1DrmwIlIw IrnpIer'ner'atio ,6,grMmMt. ... Source: County of er.nge will covw the progrM'I coaW untiI1he cities .... edded ontD the ImpIerMIlIiItion ~ EXHIBIT 8 - 2A a.nta Ana Region W..r QualIty Monlloring Et.Mnt Cost SMring NPDES Permittee ........ of Revenue Fiscal V.... 200212003 ""..... PopIMtion . AI.- ,... ....) - w.ighIed AvenIge ...... ...... .... of Revenue "'" FY _ae:s Anaheim 338.300 ..711 11.5OIKlO704 181.714 Bru 38,100 10.1154 1.825103021 "2._ Buena P-" 80.100 1 0.014 2.553351287 "s.'a eo.ta MeA 110,800 15.<480 3.8i7811W7 128.253 Cypr8IS 47.150 8.i25 1.808188546 $11,411 Faum.in V.u.y 55,800 8.553 2.lM7S8589 $14,_ Fullerton 1 a.200 22.538 4.710735a7 533,843 Garden Grove 18i.200 17.iOO 5.040702825 535,718 Huntington BeKh 1i3,700 TT.283 8......,02112 $48,037 Irvine 150,100 <Ce.148 7.861~ 554.321 LaHabl1l 110,800 7.313 1.la03IlS3348 $13,517 La PaIrna 15.700 2.014 0.50481 S1824 S3,S14 Laguna Hilla (17.77% In SAR) 8,024 1.177 0.23lS215028 $1,lm I.agunII Wooda-. (51.i'7% In SAR) 1.706 1._ 0.32811er.2 $2.337 Laka FIRSt (ISI.." In SAR) 52,878 11.535 2. 1 i5733OI5 $15.510 Loa AIMIiD 11,750 4.2l58 O.BeelI057G 54,733 Newport Beach 72.000 TT.740 4.258213583 $30,240 Or.nge 132,110O 23.m 4.131287317 535,012 PIacent. 047.110O a.a 1.5I305G37 $11,240 Santa Ana 348,100 TT.3048 8.3704868128 ..5110 Sell Buch 24,500 10.810 1.577588m "'.20' Stanton 38,300 3.131 1.04428235i $7,4104 Tustin 8i.2OO 10.S182 2.447280e58 $17.371 Villll Parll 8,125 2.081 0.3337S321 $2,370 Westminster 88,i00 10.1iO 2.7_'7113 "9,522 Yorbll Uncia 80,000 19.918 3.2132704703 $22,1104 County of Ol1lnge (48.1S'Jl.in SAR) 58,841 41.818 5.451300812 $38,704 OCFeO 0 0.000 10 $71.000 TOTALS ~AOU"l 4ZI.3CM 1OG.IDIaI . Source: State of CaIIfomill, Depertment of Finance. E-1 CifylCounty Populelion &ainYte. lIIIittr Annu. Percent Change, Jenuery 1.2000 end 2001, SecI1ImentO, c.tIfomill, MIIy 2001. .. SO\l'ce: Public F~ and Resourcea o.p.rtment - GeornItica. Ana we. ~ In miles using the dry '-1d ... figures n subtnIctlnD _ In ..:h juriIdictIan for nIIIIcnI ror.ta. .... ,.,a. 11rparta, IlIndfilll lII'Id miIitWy InltlIIMions .. dIterrnlned In the NPDES IIDrnlMter ImpIerrleratIon ~ ... Source County of Ol1lnge wi! cover the praglWn caeta lid the cities .. added orIo the ImpIeI'rIII'aIkI ~. EXHIBIT B -1 Cost Sharing For Region Specific E...... NPDES PennlttM ShaNs of Revenue Fiscal V.., 200212003 PwmittH Population . ArM C.... mi.) - WeIghtad A.,.,. Budget .... SMre of Rev.nue CtJ., FY 21024003 Aba VIejo'" 40,166 7.15 1.1 elI5~886 570,"" Anaheim 338,300 ..761 9.00563()g7 .. ~.344 Brea 36,100 10.854 1.38Q0385304 $83,843 BuenII Park 80,100 10.0&4 2.007224432 $120.<435 CClItII Meu 110,900 15.480 2.88811MIT7 5173,881 Cypress "7,150 .6.925 1.258834332 575.519 Dana Point 35,800 8.440 1.04IS705013 S62,S03 Fountain Vallly 55,900 9.553 1.585852357 $85,740 Fullerton 128,200 22.538 3.7231<43526 $223.381 GarcIan Grove 1..200 17.900 3.&812"7es.4 S238.8n Huntington Beach 193,700 27.283 5.080858025 S304,855 ItVIne 150,100 048.148 5.863480245 $351,811 La HabrI 60.800 7.313 1.0498468857 .,809 La Palma 15.700 2.014 0.3iIIe15551 523,797 Laguna Beach 2".150 7.820 0.973824935 $58.430 Laguna Hills 33.900 8.826 1.031809811 581.809 Laguna Nigual 63,200 15.003 2.12n50971 5127.. LagUNI Woods'" 18,750 3.050 0.482589562 S2S1.554 Lake Forest 78,700 18.795 2."73428382 5148,407 Loa Alarnitoa 11,750 ".256 0.508568627 $30.51" Miaaion Viejo 96,800 17.427 2.8281 &482.. 516S1.S3 Newport Beach 72.000 27.740 3.2....2..7595 51804.657 Orange 132,800 23.329 3.838599305 S230,378 P18l:entia 47.600 8.llO6 1.2G82586 574,_ Rancho s.nta MargllribI." 48,350 13.080 1.751218729 5105,07" San Clementa 52,500 17.897 2.170701 sse 5130,243 San Juan Capistrano 34.600 1".054 1.814764803 .,867 Santa Ana 348,100 27.~ 7.~ 5447,&46 SaIIB..en 2",500 10.eeo 1.1979n081 571,879 Stanton 38.300 3.131 0.a30258739 M,818 Tustin 159,200 10.1i192 1.911061605 511",l5l55 Villa PItk 15.125 2.088 0.255047196 515,303 WlStminster .,900 10.190 2.1878S1672 5130,061 Yarba Una 80,000 19.918 2.45714218 5147,430 County of Orange 117,634 815.&46 8..1315117 S508.953 OCFCo 0 0.000 10 $800,008 TOTALS 2.tB,nl 114.17' 10a.oooot '1,_,113 . Source' State of CalIfornia, o.p.rtmant of Finance, E-1 CltyICounty PopuMtJon &IimatN with AnnUM Percent Change January 1, 2000 and 2001 . SllCl1Imanto, California, May 2001. .. Sourc:e: Pubic FacilltIes ancl R.ucea Departmant . Gaomatica. Area was ca~ In miles using the dry IInd ar.. flgur_1Ild subtracting ... In each Juriadlctlon for MtIonaI fenata. atate parka, airpoI1s. IIndflIa 8nd m1l11ary iMtaI/ationa .. detennlned In the NPoES ImpIemantatIon AgrMmert. ... Source: County of Orange will cover the program coats until the cIbea ara 8dded orto the Implemelltation Agreement. EXHIBIT A - 1 LAND AREA DEDUCTED FROM JURISDICTION'S Landfills Olinda Santiago Prima Descheca Bee Canyon Coyote Canyon State Parks Alamitos State Beach Bolsa Chica State Beach Chino Hills State Park Corona Del Mar State Beach Crystal Cove State Park Doheney State Beach Huntington State Beach San Clemente State Beach Airports Fullerton John Wayne Military facilities MCAS Tustin MCAS EI Toro Los Alamitos Armed SV8. Center Seal Beach Weapons Station National Forests Cleveland National Forest Area sq miles 0.89 0.25 2.34 1.13 1.09 0.002 0.27 4.09 0.05 6.30 0.40 0.20 0.18 0.11 0.78 2.40 6.25 2.07 2.17 86.75 49 Jurisdiction County County County County County Seal Beach Huntington Beach County N'ewport Beach County Dana Point Huntington Beach San Clemente Fullerton County Tustin County Los Alamitos Seal Beach County 1 2 CITY OF YORBA LIlIDA 3 D&te: r /8' ATTEST: . 2002 4 5 6 ~/t ))1. )))f~~)A. City Clerk () 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 - Agreement D02-04 By: H 61/ Mayor Allen Castellano . APPROVED AS TO FORM: ~R-~ City Attorney Best, Best & Krieger, UP u 5-31.02 Fine! - - Agr_8IIent D02-0t 1 CITY or WBSTMDlSTBR 2 4 Date: ... I u':;-t. 2"Ji - , 2002 By, ~';;C'.~J Mayor 3 5 6 AT'l'BST: APPJlOVBD AS '1'0 FOJUII: 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 4' ~31~ FIn8I 1 CITY OF VJ:LLA PARX 2 3 Date: 4 5 6 ATTEST: 7 w~ ;/.? II , 2002 9 ~~ City1~.rk .. , 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Agreement 002-048 By: Mayor APPROVED AS TO FORM: ~.- .(;fJ)-7,j Ci Attorney 46 5-31.(12 FNI 26 1 CITY OF Tt1STIH 2 3 4 Date: l ' ( -D ~ , 2002 5 6 7 ATTBST: ~ff)~~ 9 City Cletrk 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 By, ~'4. k II 0 APPROVBD AS TO PORM: Cityf2-~ u Agreement D02-0t ~31.Q2 FInII . 1 CITY OF STANTON 2 3 Date: June 25 , 2002 4 5 6 ArrEST: 7 8 / . - ~ . .- - ---''--. 9 City Clerk 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 By: kl(l( Mayor APPROVED AS TO FORM: ~~~~~ ~ty At ey 44 Agreement D02-04 ~... 5-31~ FIMI 1 CITY OF SEAL BEACH 2 3 ol:'.e: -51./. 2002 4 Date: 5 6 ATTEST: 7 .~ 8 9 Ci 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 By: ~1tV '-4. ~ Mayor APPROVED AS TO FORM: Ag:-eement D02-0~ City Attorney 43 5-31-02 FinIl 1 CITY OF SANTA ANA 2 3 Date: J'\ily 1 4 5 6 ATTEST: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 e Agreement D02-04 , 2002 By: APPROVED AS TO FORM: /' , . 1// .... ~ .. City Arrney V I 42 ~1.02 FIMI 1 CITY OF SAN JUAN CAPISTRANO 2 3 Date: 6 - IS 4 5 6 ATTEST: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 , 2002 - By, -1'~~ Mayor Diane Bathg APPROVED AS TO FORM: Cit):~ 41 Agreement D02-04 ~1-O:Z FNI 24 25 26 - 1 CITY OF SAN CLEMENTE 2 3 - Date: .J U NE.. By: 10; , 2002 4 5 6 ATTEST: PI. PROVED AS TO FORM: 7 8 mfr"~ ~b//b-l- ~/lA1~ City Cle~ (j C. Y ttarn 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 40 Agreemen: DC_-C~~ -- 5-31-02 Final 18 19 20 21 22 23 24 25 26 1 CITY OF RANCHO SANTA MARGARITA 2 3 Date: June 20 , 2002 4 5 6 ATTEST: 7 8 .\ ~.~'" I 9 ~ I '~_L_'--)~~ /~___ City Clerk ebbie fa 10 11 12 13 14 15 16 17 Agreement D02-04 By, cJ~ --rt /Mayor James M. Thor / , APPROVED AS TO FORM: ~ C~,~ C Attorney n E. C naugh 39 5-31..()2 FIneI 1 CITY OF PLACENTIA 2 3 4 Date:~ ,g I 2002 5 6 ATTEST: 7 a~tt A~~(V 8 9 City Clerk 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ." Agreement D02-04 c ~:;;-~ APPROVED AS TO FORM: ~~~ , City Attorney 38 5-31.Q2 FNI 1 CITY or ORANGE 2 3 Date: 4 5 6 A'1"l'BST: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 , 2002 8 Agreement D02-048 ay, b!!fJ ~ m1( APPROVED AS TO FORM: 37 5-31.a:z FInIl . Agre~nt D02-0~ 1 C1TY 01' 1IJBWPOR'r BBACB 2 3 ft( fA5 Date: 4 5 6 A'rTSS't : 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 _, 1002 ~:;] ^ . " / ~ BY' "". ->.(f"~. ' ....yor 6 APPllOVBD AS 'to roJIM: 5-31.Q2 ArlIl 36 1 CITY OF MISS lOB VIEJO 2 3 4 Date: 7- 2 -(.) L 5 6 ATTEST: 7 8 ~A~ City Cle - 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 I 2002 . Agre~t D02-0' By: Mayor APPROVED AS TO FORM: ~ City Attorney 35 &-31~ FNI 26 1 CITY OF LOS ALAMlTOS 2 3 4 Date: June 24 5 6 ATTEST: 7 8 ~.. D ~"'k~~dOva 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I 2002 Agreement D02-04 By: /1 /' /' ,., j{~ iay6r Ro l)' Ba tea APPROVBD AS TO FORM: :~/ iJ t-- ~g.ity ~ttorney Fred Galante 34 5-31.02 FInII 20 21 22 23 24 25 26 1 CITY OF LAKE FOREST 2 3 Date: , 2002 4 5 6 ATTEST: 7 8 , ;// .' /:.t'-4..- ~~ ~"r SherlY A.F. W~~~, Ci~y ci.r~ 9 10 11 12 13 14 15 16 17 18 19 Agreement 002-04 By: Richard T. Dixon, Mayor APPROVED AS TO FORM: YJ1~<-- Thomas W. Allen, City Attorney 33 5-31~ FInIl CITY OF LAGUNA WOODS 2 3 4 Date: 6' -.2t7 c).~ , 2002 5 6 A'I"l'BST: 7 8 k~1~~ City Cl~rk ( 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 e Agreement 002-048 By, i ~r'~~~ MJYor APPROVBD AS TO FORM: ~~ ~ C Y Attorney- ~ 32 5-31~ FIn8I AgreeDeDt 002-048 1 CITY OF LAGmlA IlIGt1BL 2 3 Date: rJ., ... L. 4 5 6 ATTBST: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ..... , 2002 ;f.' / By: ""'.'t6 A /(/ >t"'nl'1. ~ / Miyor' .. I ~v 31 5-31~ FNI 1 CITY OF LAGUNA HILLS 2 3 Date: June 11 4 5 6 AT'l'EST: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 , 2002 By: - Agreement D02-04 APPIWVBD AS TO FORM: City AttOrD.~ E~~~ 30 5-31.Q2 FnI .' 1 CITY OF ~GtmA BEAC 2 3 De te: .. 5 S- ATTEST: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 f ~. 2002 (8 . ay, I~J ?;tL City.Manager APPROVED AS TO FORM: City Attorney "S1~ ,... 29 1 CITY OF LA PALMA 2 3 Date: 4 5 6 AT'l'EST: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 .., 1<6 , 2002 Agreement 002-04 By: . \' ~r \~)'A '\ \ \ (. \; \. '-- - Mayor APPROVBIl AS '1'0 PORM: 28 W1.Q2 Fu.I 1 CITY OF IRVINE 2 3 4 Date: r~ 2. ., 2.c<..' ~ 2002 5 6 AT'l'BST: 7 8 r'~~~~~ City- Clerk 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 (I Agreement D02-04 By: APPROVED AS 26 5-31-02 Final 1 CITY OJ' BtJJ1TDlQTOllT BRACE 2 3 Date: ~~_ ~ ~ , 2002 4 5 6 ATTBST: 7 a ~~~~ City Clerk '~~~ 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 By, -A1JIJ,d M yor APPROVED AS TO PORM: f."L ~ ~ Ci ty Attorney , - 1"0-" 25 I i Agreement D02-0481 rl ... 1/ 1..10 ~ "" 5-31.Q2 FNI - Agreement D02-04 CITY OF GARDDT GROVE 2 3 Date: ~4~ Z. 'I , 2002 By: 4 5 6 ATTEST: APPROVED AS TO PeRM: 7 8 ~/~ CityQ0-' 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 24 5-31~ FinII , 1 CITY or POLLUTOD 2 3 4 Date: QI~~~ /1 , 2002 5 6 7 ATTEST: 8 9 ~)< e~ Ci ty Ci~k 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 - Agreement D02~048 By: . 'd.... // ' . c;. ,k~ /,,;-;-.. ~) ? 1.,-;-:, / Mayor APPROVED AS TO PORM: Cit~-!j.?~~ ~ APPROVED AS TO CONTBNT: &B~4:-' 23 5-31-02 FlnaI 1 CITY OF FOmlTAIIl v"ALLEY 2 3 4 Date: June. 1 I 2002 5 6 7 ATTEST: 8 ~Q.~0 City Clerk - ~c...t 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 BY'~<:'JL,o_. . ./ /.-) , APPROVED AS TO FORM: L(~ Agreement D02-04 City Attorney 22 ~1.Q2 FInIiI 1 CITY OF DAD POIBT 2 3 ~n:J.c;'" . Date: 2002 4 5 6 ATTBST: 7 8 ~77J7L 9 City rk 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 -" '. 26 By,~Jr APPROVED AS TO FORM: A,i./-L ~../. C ty Attorney :n Agreement D02-0.S - 5-31.QZ FInII Agreement D02-048 1 CITY OF CYPRBSS 2 4 Date: ~, 2002 By: ~ 3 5 6 ArrEST: APPIt.OVBD AS TO rORM: 7 8 ~ ~~;~ ... 9 , 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 20 !5-31..Q2 FnI j)e~1 10 1 CITY OF COSTA MESA 2 3 g11A11 4 Date: It 5 6 7 ATTEST: , 2002 8 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 By: b~JWW Agreement D02-04E Mayor APPROVED AS TO FORM: .k. ~ 11/J",w.Uf..j /)c/t 1',_City Attorney '~~~ 19 5-31.Q2 FIMI 1 CITY OF BUENA PARK 2 3 Date: June 25 4 5 6 ATTEST: 7 8 ~~ City Clerk 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 I 2002 ,- Agreement 002-04 By, ~ ~Lf Mayor APPROVED AS TO FORM: ~~ ea~ City Attorney 1B 5-31.Q2 Anal 1 CI'l'Y OF aREA 2 3 f.p h q /CJ 0< r . , 2002 4 Date: 5 6 7 ATTEST: 8 Y/ - a "-~'-'aA_~ ~ City Clerk I 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 By' ~ _,..::r .:..._ """ Agreement D02-048 I APPROVED AS TO FORM: d/" ry Attorney 17 ~~ 5-31002 FInIl