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Home My WebLink AboutAGENDA REPORT 2022 0615 CCSA REG ITEM 10GCITY OF MOORPARK, CALIFORNIA City Council Meeting of June 15, 2022 ACTION APPROVED STAFF RECOMMENDATION. BY A. Hurtado. G. Consider Approval of Amendment No. 2 to Extend by One Year the Implementation Agreement for the Ventura Countywide Stormwater Quality Management Program. Staff Recommendation: Authorize the Mayor to sign the Amendment subject to final language approval by the City Manager and the City Attorney. (Staff: Shaun Kroes, Public Works Manager) Item: 10.G. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Shaun Kroes, Public Works Manager DATE: 06/15/2022 Regular Meeting SUBJECT: Consider Approval of Amendment No. 2 to Extend by One Year the Implementation Agreement for the Ventura Countywide Stormwater Quality Management Program BACKGROUND The Ventura Countywide Stormwater Quality Management Program (Implementation Agreement) , approved in 2010, was established between the Ventura County Watershed Protection District (District), the 10 Ventura County cities, and Ventura County (Co- permittees). The Implementation Agreement reflected the Co-permittees’ National Pollutant Discharge Elimination System (NPDES) Permit issued by the Los Angeles Regional Water Quality Control Board (Regional Board) on July 8, 2010, Order No. R4- 2010-0108 (Permit). The Implementation Agreement defined the fiscal responsibilities (expenditures and contributions) of all collective parties with respect to the then current Permit, from July 2010 to the expiration of the Permit. The Implementation Agreement formalized the Principal Permittee’s (District) and Co-permittees’ commitment to cooperate and to mutually fund an integrated Countywide Stormwater Program (Program) of protecting and improving water quality in Ventura County. The Implementation Agreement also allowed for sharing of Principal Permittee’s costs among all the Co- permittees. On April 20, 2016, the Moorpark City Council approved Amendment No. 1 to the Implementation Agreement, which extended the expiration date of the Implementation Agreement from the expiration of Permit Order No. R4-2010-0108 to one year beyond the expiration of the Permit. This was done to enable all the agencies to continue to work on stormwater programs as well as develop a revised Implementation Agreement to reflect the requirements established by a new stormwater permit. DISCUSSION The Los Angeles Regional Water Quality Control Board adopted a new Permit on July 23, 2021, and the new Permit’s effective date was September 11, 2021. The current Implementation Agreement will expire on September 11, 2022. Item: 10.G. 1207 Honorable City Council 06/15/2022 Regular Meeting Page 2 On December 1, 2021, City Council authorized the City to submit a Notice of Intent to develop a Watershed Management Program (WMP) to the Regional Board. The WMP is a voluntary alternative compliance option provided in the 2021 Regional MS4 Permit that describes customized strategies, control measures and schedules by watershed permittees will implement to comply with applicable water quality limits and requirements. The WMP is due September 11, 2023 to the Regional Board. The District and Co- permittees are seeking to extend the current Implementation Agreement one year (to September 11, 2023) to allow the information and decisions made in the WMPs to help define the terms of the next Implementation Agreement. FISCAL IMPACT The cost-sharing formula remains unchanged with Amendment No. 2. The City’s proposed Fiscal Year 2022/23 Budget includes $80,000 (1000-231-00000-51000) for the City’s share of countywide stormwater compliance costs. COUNCIL GOAL COMPLIANCE This action does not support a specific strategic directive. STAFF RECOMMENDATION Authorize the Mayor to sign the Amendment subject to final language approval by the City Manager and the City Attorney. Attachment: Implementation Agreement Amendment No. 2 1208 ATTACHMENT 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 implement and administer the Ventura County Stormwater Quality Management Program (the “Program”) pursuant to an agreement, and an amendment thereto, approved by the Parties on or about July 17, 2010, and on or about May 10, 2016, respectively (collectively, the “Implementation Agreement”). B. Among other things, the Implementation Agreement generates funds for the implementation and administration of the Program through the District’s benefit assessment program. C. The Program is a requirement of the National Pollutant Discharge Elimination System (“NPDES”) permit issued by the Los Angeles Regional Water Quality Control Board (“Regional Water Board”), with its adoption of Order No. R4-2010-0108, for the discharge of stormwater and urban runoff from the Parties’ respective municipal separate storm systems in Ventura County (“2010 NPDES Permit”). D. The 2010 NPDES Permit, as administratively 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 Order No. R4-2021- 0105 (“2021 NPDES Permit”). E. The 2021 NPDES Permit became effective 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 the 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, each of which is incorporated herein as if fully set forth below, the Parties agree as follows: 1. Notwithstanding any provision in the Implementation Agreement to the contrary, the Implementation Agreement shall continue in effect until September 11, 2023, or until otherwise terminated pursuant to the Implementation Agreement. 1209 2 2.Until the Implementation Agreement expires or terminates as set forth herein, the District shall continue to be designated the “Principal Permittee” and the remaining Parties shall continue to be designated “Co-Permittees” under the Implementation Agreement. 3.Except for the amendments and modifications described in this 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 transmitted 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 accordance with California Government Code Section 16.5 and California Civil Code Section 1633.7. IN WITNESS WHEREOF, the Parties have executed this Second Amendment through their duly authorized representatives as of the dates set forth below. 1210 3 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 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 1211 4 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 XXXXX Clerk of the Board of Supervisors County of Ventura, State of California By: _____________________________ Senior Deputy Clerk of the Board 1212 5 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 1213 6 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 1214 7 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: _______________________________ Kevin Ennis, City Attorney 1215 8 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 1216 9 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 1217 10 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 1218 11 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 1219 12 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 1220 13 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 Date City of Simi Valley ATTEST: Lucy Blanco, City Clerk APPROVED AS TO FORM: Office of City Attorney: David L. Caceres, City Attorney 1221 14 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 1222