HomeMy WebLinkAboutAGENDA REPORT 2023 1004 CCSA REG ITEM 10ICITY OF MOORPARK, CALIFORNIA
City Council Meeting
of October 4, 2023
ACTION APPROVED STAFF
RECOMMENDATIONS.
BY A. Hurtado.
I. Consider Approval of the Ventura County Stormwater Permit Implementation and
Cost-Sharing Agreement. Staff Recommendation: 1) Consider and approve the
2023 Ventura County Stormwater Permit Implementation and Cost-Sharing
Agreement; and 2) Authorize the Mayor to sign the Agreement, subject to final
language approval of the City Attorney and City Manager. (Staff: Daniel Kim,
Public Works Director/City Engineer)
Item: 10.I.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Daniel Kim, City Engineer/Public Works Director
Igor Leontiy, Administrative Specialist
DATE: 10/04/2023 Regular Meeting
SUBJECT: Consider Approval of the Ventura County Stormwater Permit
Implementation and Cost-Sharing Agreement
BACKGROUND
In April 1992, the City Council approved the first Implementation Agreement with the
Ventura County Watershed Protection District (VCWPD), County of Ventura, and the 10
cities in Ventura County to consolidate stormwater management costs countywide. This
led to the formation of the Ventura Countywide Stormwater Quality Management Program
(Program), with VCWPD as its administrator.
VCWPD took on the role of implementing and administering the Program, which
encompassed various activities beneficial to all participants. These activities included but
were not limited to: writing annual reports, conducting water quality monitoring, and
coordinating the efforts of co-permittees. The Agreement also defined fiscal
responsibilities, emphasizing mutual funding to protect and improve water quality
throughout Ventura County.
In September 2010, the City Council approved an updated Implementation Agreement.
Under this Agreement, VCWPD collects funding on behalf of the City through the Benefit
Assessment Program to assist in implementing the National Pollutant Discharge
Elimination System (NPDES) permit activities.
In 2016, the City Council approved the First Amendment to the 2010 Agreement,
extending its term by one year beyond the effective date of the new Permit. The Los
Angeles Regional Water Quality Control Board (Regional Board) adopted the new
Regional MS4 Stormwater Permit (2021 Permit) on July 23, 2021, with an effective date
of September 11, 2021.
The 2021 Regional MS4 Stormwater Permit introduced requirements that were to take
full effect on September 11, 2021, unless the option to develop a Watershed Management
Plan (WMP) for compliance was chosen. Permittees had three months after the effective
Item: 10.I.
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date to submit a Notice of Intent (NOI) to the Regional Board, expressing their intent to
develop a WMP. The WMP was presented as a voluntary alternative compliance option
provided in the 2021 Permit. It details customized strategies, control measures, and
schedules for each Permittee to implement in order to comply with applicable water
quality limits and requirements within their respective watersheds.
On December 7, 2021, the entire Ventura Countywide Stormwater Program, including the
City, submitted an NOI to the Regional Board, indicating their selection of the WMP as
the path to compliance for the 2021 Permit.
In 2022, all the Ventura County Permittees approved the Second Amendment to the 2010
Agreement, extending its term until September 11, 2023, to align with the WMP due date.
On September 11, 2023, the Ventura County Permittees submitted to the Regional Board,
the WMP for review and consideration. Attached for the City Council’s consideration is
the revised, new Implementation and Cost Sharing Agreement. This new Agreement
reflects the Program’s desire to update the permittees’ responsibilities for ongoing
administration and continued funding of the countywide program.
DISCUSSION
The 2021 Permit removes the “Principal Permittee” designation and designates all parties
as Co-Permittees of the 2021 Permit. The Co-Permittees are seeking to enter into a new
2023 Implementation Agreement (2023 Agreement). The 2023 Agreement (Attachment)
recognizes the Co-Permittees’ continued cooperation to administer and fund the Program
as an integral part of ensuring their collective compliance with the 2021 Permit, and in
their mutual best interests designates their responsibilities for continued administration
and funding of the Program through the Assessment.
The 2023 Agreement will become effective upon approval of all 12 Co-Permittees and will
expire on September 11, 2027, one year past the term of the 2021 Permit, which expires
on September 11, 2026. The City Attorney’s Office has reviewed and approved the initial
draft of the 2023 Agreement, which is fundamentally the same as the previously approved
agreements. The language of the agreement was finalized and approved by the Co-
Permittees on July 20, 2023.
Staff is recommending that the existing Agreement for the Ventura Countywide
Stormwater Quality Management Program (Program) be replaced with a new
Implementation Agreement that defines the Permittees' respective roles, responsibilities,
and cost-sharing under the new Permit. The Agreement specifies that the Program will
approve a budget each year, which is distributed among the Permittees. This budget
varies annually depending on the expected activities for the fiscal year (FY). Each
Permittee is responsible for covering their identified cost allocation based on actual
expenditures. The new Implementation Agreement will expire one year after a new
Municipal Stormwater Permit is adopted.
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ENVIRONMENTAL DETERMINATION
This action is exempt from the California Environmental Quality Act (CEQA) as it does
not constitute a project, as defined by Section 15378 of the State CEQA Guidelines.
Therefore, no environmental review is required.
FISCAL IMPACT
There is no fiscal impact to this action. The Fiscal Year 2023/24 Budget allocates $80,000
for the Cost Sharing Agreement. Staff recently received the FY 2022/23 Cost Allocation
invoice in the amount of $59,255.97. The City’s estimated Cost Allocation for FY 2023/24
is anticipated to be $60,740.00 (1.92%), which will be budgeted for FY 2024/25 Annual
Budget. Cost Allocations are invoiced at the end of each FY, after the previous year’s
expenditure has been calculated.
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
STAFF RECOMMENDATION
1. Consider and approve the 2023 Ventura County Stormwater Permit
Implementation and Cost-Sharing Agreement; and
2. Authorize the Mayor to sign the Agreement, subject to final language approval of
the City Attorney and City Manager.
Attachment: 2023 Ventura County Stormwater Permit Implementation and Cost-Sharing
Agreement
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VENTURA COUNTY STORMWATER PERMIT IMPLEMENTATION
AND COST-SHARING AGREEMENT
This "AGREEMENT" is made and entered into by and between the County of Ventura (the
"COUNTY"), the Ventura County Watershed Protection District (the "DISTRICT"), and the Cities
of Camarillo, Fillmore, Moorpark, Ojai, Oxnard, Port Hueneme, San Buenaventura, Santa Paula,
Simi Valley and Thousand Oaks (individually, a "CITY" and collectively, the "CITIES").
Hereinafter, the COUNTY, the DISTRICT, a CITY, and the CITIES may be referred to
individually as a "PARTY" and collectively as the "PARTIES".
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, the EPA regulations require a National Pollutant Discharge Elimination
System (“NPDES”) permit for the discharge of stormwater into waters of the United States; and
WHEREAS, the PARTIES each own and operate a municipal separate storm sewer
system(s) ("MS4") that discharge stormwater and urban runoff into waters of the United States;
and
WHEREAS, in 1992, the PARTIES jointly filed an application with the Los Angeles
Regional Water Quality Control Board ("REGIONAL BOARD"), the state agency responsible for
regulating water quality in Ventura County, for a NPDES permit covering their MS4s and
stormwater discharges; and
WHEREAS, the REGIONAL BOARD in 1994 adopted Order No. 94-082, which regulated
the PARTIES' MS4s and stormwater discharges; 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,
which replaced Order No. 09-0057, designated the PARTIES as “Co-Permittees”, and designated
the DISTRICT as the “Principal Permittee”; and
WHEREAS, the REGIONAL BOARD on July 23, 2021 adopted Order No. R4-2021-0105
("PERMIT"), which replaced Order No. 2010-0108, designates the PARTIES as “Co-Permittees”,
and removes the designation of “Principal Permittee”; and
WHEREAS, the Ventura County Watershed Protection District Act ("ACT") establishes
the Ventura County Watershed Protection District Benefit Assessment Program ("BA
PROGRAM"), which provides the DISTRICT the authority to levy and collect assessments on
ATTACHMENT
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taxable real property to pay the costs and expenses of, among other things, stormwater control and
preservation that is a common benefit to Ventura County; and
WHEREAS, since 1992, the PARTIES have entered into a series of agreements
("IMPLEMENTATION AGREEMENT") that set forth their responsibilities to develop,
implement, and fund the Ventura Countywide Stormwater Quality Management Program
("COUNTYWIDE PROGRAM"), an integrated stormwater discharge management program to
comply with EPA and REGIONAL BOARD permits and regulations governing their MS4s and
stormwater discharges and protecting and improving water quality in Ventura County; and
WHEREAS, the IMPLEMENTATION AGREEMENT provides for the DISTRICT's
collection of assessments on behalf of the PARTIES to fund the COUNTYWIDE PROGRAM
through the BA PROGRAM; and
WHEREAS, the PARTIES have approved extensions of the IMPLEMENTATION
AGREEMENT in order to provide for the ongoing administration and annual funding of the
COUNTYWIDE PROGRAM; and
WHEREAS, the current IMPLEMENTATION AGREEMENT expires on September 11,
2023; and
WHEREAS, the PARTIES recognize that their continued cooperation to administer and
fund the COUNTYWIDE PROGRAM is an integral part of ensuring their collective compliance
with the PERMIT and thus is in their mutual best interests; and
WHEREAS, given the July 2021 adoption of the PERMIT, the PARTIES desire to update
the IMPLEMENTATION AGREEMENT as provided in this AGREEMENT to set forth their
responsibilities for ongoing administration and continued funding of the COUNTYWIDE
PROGRAM.
NOW, THEREFORE, the PARTIES agree as follows:
1. PURPOSE
A. This AGREEMENT is intended to establish the PARTIES' roles and
responsibilities to administer and fund the COUNTYWIDE PROGRAM.
B. The PARTIES' roles and responsibilities to implement, administer, and fund any
PERMIT compliance activities other than the COUNTYWIDE PROGRAM may be memorialized
in separate agreements as needed.
2. MANAGEMENT COMMITTEE
A. There is established a Ventura County Stormwater Permit Management Committee
("MANAGEMENT COMMITTEE"), consisting of 12 members with one member representing
each PARTY. PARTY representatives shall be appointed by either the legislative body or the
public works director of each PARTY. All PARTY representatives appointed to serve on the
MANAGEMENT COMMITTEE shall be senior level managers or staff.
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B. The MANAGEMENT COMMITTEE's primary objective is to review and direct
the administration and funding of the COUNTYWIDE PROGRAM to assist with the PARTIES'
compliance with the PERMIT. In this capacity, the MANAGEMENT COMMITTEE is
responsible for directing, reviewing, and approving COUNTYWIDE PROGRAM work and
budgets, including but not limited to those related to tasks and functions set forth in Appendix A,
attached hereto and incorporated herein by this reference.
C. The MANAGEMENT COMMITTEE shall meet as needed but not less than
quarterly.
D. The MANAGEMENT COMMITTEE will be chaired by the DISTRICT
representative.
E. Each member of the MANAGEMENT COMMITTEE will have one vote for any
motion. All budgetary motions must be approved by a 2/3 vote of the MANAGEMENT
COMMITTEE (8 of 12), and any non-budgetary motion must be approved by majority vote (7 of
12).
F. In addition to the COUNTYWIDE PROGRAM, the MANAGEMENT
COMMITTEE shall be responsible for directing and reviewing the activities, work, and budgets
of any subcommittee, including but not limited to the BA PROGRAM.
3. DIRECTORS COMMITTEE
A. There is also established a Public Works Directors Committee ("DIRECTORS
COMMITTEE"). The DIRECTORS COMMITTEE is composed of 12 members, consisting of
the public works director of each CITY, the public works director of the COUNTY, and the
director of the DISTRICT (collectively, "DIRECTORS").
B. The primary purpose and function of the DIRECTORS COMMITTEE is to hear
and decide appeals of MANAGEMENT COMMITTEE actions and decisions.
4. COUNTYWIDE PROGRAM; ADMINISTRATION
A. Responsibility to Implement
i. The DISTRICT will implement and administer the COUNTYWIDE
PROGRAM, which includes but is not necessarily limited to the activities and work set
forth in Appendix A.
ii. The DISTRICT will retain all COUNTYWIDE PROGRAM- and PERMIT-
related documents and records for no less than five (5) years and will provide copies of
said records to any PARTY who requests them, and thereafter may dispose of such
documents and records according to the DISTRICT's document retention policy, as may
be amended from time to time. The PARTIES acknowledge that the Public Records Act
(Gov. Code, § 7920.000 et seq.) applies to each of them, and the DISTRICT will respond
to requests for records from any PARTY, the REGIONAL BOARD, the EPA, or the public
consistent with the requirements of the Public Records Act.
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B. Responsibility to Fund
i. The PARTIES acknowledge that each of them is responsible to fund a
portion of the budget for the performance of activities necessary to comply with the
PERMIT and, by pooling their resources to implement and administer the COUNTYWIDE
PROGRAM, each PARTY receives the benefit of better coordination and cost sharing for
PERMIT compliance.
ii. COUNTYWIDE PROGRAM activities and work will be paid for by the
DISTRICT with funds from the PARTIES. In accordance with this Section 4(B), the
DISTRICT may use funds from the BA PROGRAM, funds to be deducted from the BA
PROGRAM, or payments made directly by the PARTIES to fund COUNTYWIDE
PROGRAM activities and work.
iii. The DISTRICT will pay 50% of the annual costs of the COUNTYWIDE
PROGRAM, following adoption of a final annual budget by the MANAGEMENT
COMMITTEE pursuant to Section 5(A).
iv. Collectively, the COUNTY and the CITIES will pay 50% of the annual
costs of the COUNTYWIDE PROGRAM activities set forth in Appendix A, following
adoption of a final annual budget by the MANAGEMENT COMMITTEE pursuant to
Section 5(A). Individually, the COUNTY and each CITY will pay an amount of the annual
costs they are collectively responsible for based on the proportional rate that each of them
is assigned under the BA PROGRAM for the final annual budget adopted by the
MANAGEMENT COMMITTEE pursuant to Section 5(A).
5. COUNTYWIDE PROGRAM; BUDGET AND FUNDING
A. By February 1 of each year, the DISTRICT will prepare and submit to the
MANAGEMENT COMMITTEE a projected annual budget for the following fiscal year's
administration of the COUNTYWIDE PROGRAM. The projected annual budget will include, but
not be limited to, estimates for labor and fixed costs for COUNTYWIDE PROGRAM activities
and work. The MANAGEMENT COMMITTEE shall review and discuss changes to the projected
annual budget and thereafter approve a final annual budget prior to the start of the next fiscal year
(July 1).
B. The DISTRICT will annually collect benefit assessments through the BA
PROGRAM to be used to fund the COUNTYWIDE PROGRAM. By September 1 of each year,
the DISTRICT shall notify the PARTIES of the assessments collected on their behalf via the BA
PROGRAM during the prior fiscal year.
C. By October 1 of each year, the DISTRICT will apply the assessments collected via
the BA PROGRAM during the prior fiscal year to satisfy the PARTIES' responsibility to fund the
COUNTYWIDE PROGRAM unless a PARTY notifies the DISTRICT in writing by September 1
to return the BA PROGRAM assessments collected by the DISTRICT.
D. If, in any fiscal year, the DISTRICT collects assessments via the BA PROGRAM
less than a PARTY's responsibility to fund the COUNTYWIDE PROGRAM, then the DISTRICT
will invoice the PARTY for the balance of its responsibility to fund the COUNTYWIDE
PROGRAM. Alternatively, if, in any fiscal year, the DISTRICT collects assessments via the BA
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PROGRAM more than a PARTY's responsibility to fund the COUNTYWIDE PROGRAM, then
the DISTRICT will refund to the PARTY the difference between the BA PROGRAM assessments
collected and the PARTY's responsibility to fund the COUNTYWIDE PROGRAM.
E. By September 1 of each year, the DISTRICT will prepare and provide to the
MANAGEMENT COMMITTEE a report that reconciles COUNTYWIDE PROGRAM costs and
expenditures against the annual budget approved by the MANAGEMENT COMMITTEE for the
previous fiscal year.
F. The PARTIES, through the MANAGEMENT COMMITTEE, will work to identify
and evaluate programs and opportunities to secure additional funding to implement programs and
projects to satisfy their individual and collective compliance obligations under the PERMIT.
G. In the event additional funding is obtained for administration of the
COUNTYWIDE PROGRAM, the PARTIES will, at a minimum, meet to determine whether the
additional funding may be used to reduce the annual cost(s) of the COUNTYWIDE PROGRAM
and/or each PARTY's annual responsibility to fund the COUNTYWIDE PROGRAM, and to
revisit the cost-sharing formula set forth in this AGREEMENT.
6. INDIVIDUAL PERMIT COMPLIANCE
A. Each PARTY acknowledges that the PERMIT imposes regulatory requirements on
its respective MS4, on its stormwater discharges, and/or within its jurisdiction that are not
addressed or satisfied by the COUNTYWIDE PROGRAM, and therefore agrees that each PARTY
is responsible for complying with PERMIT requirements applicable to its respective MS4, its
stormwater discharges, and within its jurisdiction.
B. Nothing in this AGREEMENT prohibits any PARTY from entering into a separate
agreement with another PARTY or PARTIES to jointly implement and administer activities,
projects, and/or programs to comply with any PERMIT requirement(s) shared by or common to
them. Such agreements may include the PARTIES' responsibility to pay for individual PERMIT
compliance activities, projects, and/or programs, including a cost-sharing formula. Such
agreements will not be appended to, but may reference, this AGREEMENT.
7. PERMIT NONCOMPLIANCE; INDIVIDUAL PARTY LIABILITY
Notwithstanding anything in this AGREEMENT to the contrary, each PARTY is solely
responsible for all costs and liabilities related to any violation of or noncompliance with the
PERMIT requirements applicable to its MS4, its stormwater discharges, and/or within its
respective jurisdiction, including but not limited to the payment of penalties and interest and costs
related to implementing corrective actions and providing a legal defense.
8. DISPUTE RESOLUTION
A. COUNTYWIDE PROGRAM. Any PARTY may appeal a decision of the
MANAGEMENT COMMITTEE related to the COUNTYWIDE PROGRAM to the DIRECTORS
COMMITTEE. All appeals must be submitted to the DISTRICT in writing within seven (7)
calendar days of the MANAGEMENT COMMITTEE action or decision, identify the
MANAGEMENT COMMITTEE action or decision appealed, and include any explanation or
materials in support of the appeal. Upon receiving a written appeal, the DISTRICT shall promptly
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provide it to the DIRECTORS COMMITTEE for review and notify the MANAGEMENT
COMMITTEE of the appeal at the next MANAGEMENT COMMITTEE meeting. Actions or
decisions of the MANAGEMENT COMMITTEE will be reversed only upon a 2/3 vote of all
DIRECTORS (and not merely upon a 2/3 vote of DIRECTORS present at any given DIRECTORS
COMMITTEE meeting). Upon granting an appeal, the challenged MANAGEMENT
COMMITTEE action or decision will be vacated and returned to the MANAGEMENT
COMMITTEE for subsequent consideration and action (if any).
B. Individual PERMIT Compliance Activities. Disputes related to individual
PERMIT compliance activities shall be decided by the PARTIES participating in those activities,
including pursuant to any dispute resolution provisions included in any agreement amongst the
participating PARTIES. The MANAGEMENT COMMITTEE and the DIRECTORS
COMMITTEE have no authority to hear or settle disputes between PARTIES related to individual
PERMIT compliance activities.
10. AMENDMENTS TO AGREEMENT
A. This AGREEMENT may be amended or modified if a separate written agreement
is approved by the PARTIES, signed and approved by their respective legislative bodies, or in
accordance with the delegated authority therefrom.
B. Any amendment or modification to this AGREEMENT that results in a person,
PARTY, or firm other than the DISTRICT administering the COUNTYWIDE PROGRAM shall
not be effective until 180 days after all PARTIES execute such amendment or modification.
C. The PARTIES will re-evaluate this AGREEMENT with the adoption of each new
NPDES MS4 permit and prior to the finalization of any new major funding source for the
COUNTYWIDE PROGRAM.
D. If the PERMIT is amended or revised during the term of this AGREEMENT
(except in the case of adopting a new TMDL into the PERMIT), then the PARTIES may re-
negotiate the financial terms of this AGREEMENT.
11. WITHDRAWAL FROM THE AGREEMENT
A. Any PARTY may withdraw from this AGREEMENT upon giving at least 180
days’ written notice to the DISTRICT. The DISTRICT will notify the remaining PARTIES within
10 business days of receipt of any notice of withdrawal.
B. The withdrawing PARTY will remain responsible for paying the costs of
COUNTYWIDE PROGRAM activities and work through the end of the fiscal year in which the
withdrawal becomes effective.
C. Upon the effective date of a PARTY’s withdrawal, the withdrawing PARTY will
be individually responsible for complying with all PERMIT requirements established by the
REGIONAL BOARD.
D. Upon the effective date of a PARTY's withdrawal, cost allocations to the remaining
PARTIES will be recalculated in the following fiscal year.
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12.FEDERAL AND STATE REGULATIONS AND GUIDELINES
The PARTIES intend this AGREEMENT to be consistent with the terms of all applicable
federal and state stormwater permit regulations or guidelines as presently written, and as may be
amended during the term of this AGREEMENT applicable to them. If any provision of this
AGREEMENT conflicts with any federal or state regulation or guideline, then the federal or state
regulation or guideline will take precedence, and all remaining provisions of this AGREEMENT
will remain in force and effect.
13.TERM
This AGREEMENT will be effective September 12, 2023 and will expire one (1) year after
the PERMIT expires unless the AGREEMENT is terminated beforehand pursuant to Section 14
or extended by an amendment approved pursuant to Section 10.
14.TERMINATION OF AGREEMENT
A.Notwithstanding anything herein to the contrary, this AGREEMENT may be
terminated upon the written consent of two thirds (2/3) of the PARTIES. Any termination pursuant
to this Section 14(A) will not be effective until the end of the fiscal year (July 1-June 30) in which
the PARTIES decide to terminate this AGREEMENT.
B.If, during any term of this AGREEMENT, the PARTIES or the MANAGEMENT
COMMITTEE select a person, PARTY, or firm other than the DISTRICT to administer the
COUNTYWIDE PROGRAM, then the DISTRICT may terminate this AGREEMENT upon giving
180 days' written notice to PARTIES.
15.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 (if email is provided in the
below table); or (e) faxed to the receiving PARTY and confirmation by phone immediately after
sending the fax. All notices and correspondence must be sent or delivered to the following:
Ventura County Watershed Protection District
Attn: Watershed Protection District Director
800 South Victoria Avenue
Ventura, CA 93009
PHONE: (805) 654-2040
FAX: (805) 654-3350
EMAIL:
County of Ventura
Attn: Public Works Director
800 South Victoria Avenue
Ventura, CA 93009
PHONE: (805) 654-2073
FAX: (805) 654-3952
EMAIL:
City of Camarillo
Attn: Public Works Director
601 Carmen Drive
Camarillo, CA 93010
PHONE: (805) 388-5307
FAX: (805) 388-5340
City of Fillmore
Attn: Municipal Services Director/Utilities
Engineer
250 Central Avenue
Fillmore, CA 93015
PHONE: (805) 524-3701
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EMAIL: dklotzle@cityofcamarillo.org FAX: (805) 524-5707
EMAIL:
City of Moorpark
Attn: City Engineer/Public Works Director
799 Moorpark Avenue
Moorpark, CA 93021
PHONE: (805) 517-6255
FAX: (805) 532-2555
EMAIL:
City of Ojai
Attn: Public Works Director
401 South Ventura Street
Ojai, CA 93023
PHONE: (805) 646-5581 ext. 200
FAX:
EMAIL:
City of Oxnard
Attn: Public Works Director
305 West Third Street
Oxnard, CA 93030
PHONE: (805) 385-8280
FAX: (805) 385-7907
EMAIL: michael.wolfe@oxnard.org
City of Port Hueneme
Attn: Public Works Director
250 North Ventura Road
Port Hueneme, CA 93041
PHONE: (805) 986-6568
FAX: (805) 986-6660
EMAIL:
City of San Buenaventura
Attn: Public Works Director
501 Poli Street
Ventura, CA 93001
PHONE: (805) 654-7800
FAX: (805) 652-0865
EMAIL:
City of Santa Paula
Attn: Public Works Director
P.O. Box 569
Santa Paula, CA 93061-0569
PHONE: (805) 933-4212
FAX: (805) 525-3742
EMAIL:
City of Simi Valley
Attn: Public Works Director
2929 Tapo Canyon Road
Simi Valley, CA 93063
PHONE: (805) 583-6786
FAX: (805) 583-6300
EMAIL:
City of Thousand Oaks
Attn: Public Works Director
2100 Thousand Oaks Blvd.
Thousand Oaks, CA 91362
PHONE: (805) 449-2457
FAX: (805) 449-2475
EMAIL: pjorgensen@toaks.org
16.ASSIGNMENT
A PARTY may assign its rights and obligations under this AGREEMENT only with the
written consent of every other PARTY, which consent may not be unreasonably withheld.
17.SUCCESSORS IN INTEREST
Except as otherwise provided herein, 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 that is not a PARTY to this
AGREEMENT.
18.SECTION HEADINGS
Headings at the beginning of each numbered section of this AGREEMENT are solely for
convenience and are not a material part of this AGREEMENT.
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19. 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.
20. ENTIRE AGREEMENT
This AGREEMENT contains the entire understanding of the PARTIES with respect to the
matters contained herein, and it supersedes all prior oral and written agreements or understandings
between the PARTIES with respect to the matters contained herein (including all prior
IMPLEMENTATION AGREEMENTS).
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 of litigation in a United States District Court, exclusive venue is the Central District of
California.
23. AUTHORITY TO EXECUTE AGREEMENT
Each PARTY covenants that the individual executing this AGREEMENT on its behalf is
duly authorized and empowered to execute this AGREEMENT on behalf of the PARTY.
24. 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, w ill
constitute one and the same AGREEMENT, which will be binding and effective as to all the
PARTIES.
25. ELECTRONIC SIGNATURES
The PARTIES agree that this Agreement may be transmitted and signed by electronic or
digital means by either/any or both/all PARTIES and that such signatures shall have the same force
and effect as original signatures in accordance with Government Code section 16.5 and Civil Code
section 1633.7.
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IN WITNESS WHEREOF, the PARTIES, duly authorized on behalf of their governing authorities,
have executed this Agreement as of the last date written below.
VENTURA COUNTY WATERSHED
PROTECTION DISTRICT
By:
Name:
Title:
Date:
COUNTY OF VENTURA
By:
Name:
Title:
Date:
CITY OF CAMARILLO
By:
Name:
Title:
Date:
CITY OF FILLMORE
By:
Name:
Title:
Date:
CITY OF MOORPARK
By:
Name:
Title:
Date:
CITY OF OJAI
By:
Name:
Title:
Date:
CITY OF OXNARD
By:
Name:
Title:
Date:
CITY OF PORT HUENEME
By:
Name:
Title:
Date:
CITY OF SAN BUENAVENTURA
By:
Name:
Title:
Date:
CITY OF SANTA PAULA
By:
Name:
Title:
Date:
CITY OF SIMI VALLEY
By:
Name:
Title:
Date:
CITY OF THOUSAND OAKS
By:
Name:
Title:
Date:
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APPENDIX A
Countywide Program Activities and Responsibilities
Page 1 of 2
APPENDIX A
VENTURA COUNTY STORMWATER PERMIT IMPLEMENTATION
AND COST-SHARING AGREEMENT
COUNTYWIDE PROGRAM ACTIVITIES AND RESPONSIBILITIES
The DISTRICT will perform and provide the following COUNTYWIDE PROGRAM activities,
services, and/or work on behalf of the PARTIES:
1. MANAGEMENT COMMITTEE Administration
• Convene, chair, staff and provide administrative support (e.g., preparation of meeting
agenda and minutes) for MANAGEMENT COMMITTEE meetings.
• Set time schedules for the performance of activities.
• Provide the REGIONAL BOARD information related to the COUNTYWIDE
PROGRAM.
• Track and update the PARTIES on REGIONAL BOARD and EPA regulations and
guidance.
• Participate as a member, on behalf of the PARTIES, in the Southern California
Coastal Water Research Project (SCCWRP), California Stormwater Quality
Association (CASQA), and Southern California Stormwater Monitoring Coalition
(SMC).
• Prepare legislative and regulatory response/comment letters on behalf of the
PARTIES.
• Distribute materials and information related to the PERMIT to the PARTIES as
needed.
2. PERMIT and COUNTYWIDE PROGRAM Administration
• Provide technical and administrative support related to implementation of the
PERMIT.
• Serve as liaison between the PARTIES and the REGIONAL BOARD
• Procure contractors and consultants for administration of the COUNTYWIDE
PROGRAM
o The Management Committee may direct the DISTRICT to procure any work,
services, goods, or materials greater than $50,000 through a competitive process.
• Provide technical leadership on the COUNTYWIDE PROGRAM and compliance
with PERMIT requirements.
• Prepare legislative and regulatory response/comment letters on behalf of the
PARTIES.
• Provide public outreach on PERMIT requirements, including, at a minimum, public
outreach that satisfies the PERMITS public outreach elements and requirements.
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APPENDIX A
Countywide Program Activities and Responsibilities
Page 2 of 2
3.Fiscal and Accounting
•Prepare and track annual budgets for the COUNTYWIDE PROGRAM.
o By February 1 each year, a projected annual budget by activity will be prepared
for implementation of the following fiscal year's COUNTYWIDE PROGRAM,
including but not limited to labor and fixed costs, for the MANAGEMENT
COMMITTEE's review and approval.
o Accounting tracking mechanisms will be implemented to report and describe
annual COUNTYWIDE PROGRAM expenditures and the PARTIES' annual
contributions/payments (including revenues collected for each PARTY through
the BA PROGRAM.
o Each year, COUNTYWIDE PROGRAM expenditures will be reconciled against
the approved budget. Funds not expended for the COUNTY WIDE PROGRAM
will be refunded to the PARTIES in the subsequent fiscal year.
•Coordinate and manage the collection of assessments per the BA PROGRAM on
behalf of the PARTIES participating in the BA PROGRAM.
4.Monitoring and Reporting
•Implement COUNTYWIDE PROGRAM monitoring, including but not limited to
stormwater outfall-based monitoring, mass emission/receiving water monitoring.
o NOTE: The PARTY, person, or firm administering the COUNTYWIDE
PROGRAM shall not be responsible for total maximum daily load ("TMDL")
monitoring and non-stormwater discharge screening and monitoring.
•Compile and submit annual and monitoring reports related to the COUNTYWIDE
PROGRAM.
•Prepare Reports of Waste Discharge (ROWD).
•Coordinate the PARTIES review of all reports and materials to be submitted to the
REGIONAL BOARD or other local governments and regulatory agencies.
•Provide the PARTIES trainings on the PERMIT, the COUNTYWIDE PROGRAM,
and the preparation of annual and monitoring reports related to the COUNTYWIDE
PROGRAM as needed.
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