HomeMy WebLinkAboutAGENDA REPORT 1992 0205 CC REG ITEM 08QITEM •
MOORPARK
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
M E M O R A N D U M
TO: The Honorable City Council
FROM: Kenneth C. Gilbert, Director of Public Works
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'- DORPARK, CALIFO ^.`:!A
DATE: January 30, 1992 (Council Meeting 2 -5 -92) Cily Coundl Meeting
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SUBJECT: Consider Approval of a Cooperative Agreement of 199
Between all of the Agencies in the Calleguas r,CTION:
Creek Water Shed, Relative to the Development
of Joint NPDES Permit
By
OVERVIEW
This presents for approval a Cooperative Agreement between the
County of Ventura, the Ventura County Flood Control District, the
City of Simi Valley, the City of Thousand Oaks, the City of
Camarillo and the City of Moorpark, to facilitate the development
of a Joint Permit required for compliance with the National
Pollutant Discharge Elimination System ( NPDES).
DISCUSSION
Prior to 1995 the City of Moorpark will have to obtain an NPDES
Permit from the Los Angeles Regional Water Quality Control Board
( LARWQCB). The cost for each permit is $50,000. It is becoming a
fairly common practice for agencies to file joint permits to both
reduce permitting fees and to facilitate an effective and efficient
compliance program.
The Ventura County Flood Control District has proposed such a joint
permit for the responsible public agencies within the Calleguas
Creek Watershed. The proposal is being put forth at this time in
order to meet certain deadlines facing some of the other agencies
in the watershed. The City of Moorpark has been asked to
participate in order to submit to the LARWQCB a permit encompassing
the entire watershed.
PAUL W. LAWRASON JR. BERNARDO M. PEREZ SCOTT MONTGOMERY ROY E. TALLEY JR. JOHN E. WOZNIAK
Mayor Mayor Pro Tem Councilmember Councilmember Councilmember
Printed On Recycled Parser
Cooperative Agreement
Page 2
Attached is a draft Cooperative Agreement between the agencies
involved. This document merely states that the parties agree to
participate in the Joint Permit Application Process. If the
process proceeds in a manner satisfactory to the City of Moorpark,
an Implementation Agreement(s) will be executed between the parties
to formalize the Joint Permit and document the various terms,
conditions, indemnification clauses and other necessary provisions.
If the product of this effort is not satisfactory to the City, the
City may withdraw from the process at any time at no cost.
It is recommended that the City of Moorpark take advantage of this
opportunity to become a co- permittee in this program.
RECONNENDATION
Staff recommends that the City Council take the following actions:
1. Approve the concept of participating in the above described
program;
2. Authorize the City Manager to approve the final language of
the attached draft Agreement;
3. Authorize the Mayor to execute the final Cooperative
Agreement; and,
4. Direct staff to report back to the City Council, at the
appropriate time(s), relative to the progress of the
development of the proposed Implementation Agreement and
other related matters.
DRAFT
r COOPERATIVE AGREEMENT FOR THE
MUNICIPAL STORMWATER DISCHARGE PERMIT
FOR THE CALLEGUAS CREEK WATERSHED
This AGREEMENT is entered into by and between the County of Ventura
hereinafter referred to as COUNTY, the Ventura County Flood Control
District hereinafter referred to as DISTRICT, and the Cities of
Camarillo, Moorpark, Simi Valley and Thousand Oaks hereinafter
collectively referred to as CITIES.
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
applications for permits for stormwater discharges; and
Whereas, these permit regulations will require the control of
pollutants from stormwater discharges by requiring a National
Pollutant Discharge Elimination System (NPDES) Permit for the
discharge of stormwaters into waters of the United States; and
Whereas, these EPA regulations require. NPDES permits for
discharges from municipal storm drains on a system -wide or
jurisdiction -wide basis; and
Whereas, based on the 1990 census, it is anticipated that the
Los Angeles Regional Water Quality Control Board (LARWQCB) will be
directing the City of Thousand Oaks and the City of Simi Valley to
file applications for NPDES Permits; and
Whereas, it is anticipated that by 1995 the City of Moorpark,
City of Camarillo and the COUNTY will be directed to file
applications for NPDES permits; and
Whereas, the DISTRICT owns, operates and has regulatory
jurisdiction over improved and natural channels to which CITIES'
and COUNTY's storm drains are tributary; and
Whereas, the Legislature, in enacting the Ventura County Flood
Control Act, created the DISTRICT to provide for the control of
flood and storm waters; and
Whereas, the Powers granted to the DISTRICT include carrying
on technical and other investigations, examinations or tests of all
kinds, making measurements, collecting data, and making analyses,
studies, and inspections pertaining to water supply, control of
floods, prevention of contamination and pollution of surface waters
within the DISTRICT; and
Whereas, the CITIES, the COUNTY and the DISTRICT desire to
develop an integrated stormwater'discharge management program with
the objective of improving water quality in the Calleguas Creek
Watershed; and
Whereas, cooperation between the CITIES, the COUNTY and the
DISTRICT to jointly file application for NPDES stormwater permit is
in the best: interests of the CITIES, the COUNTY an:t the DISTRICT.
Now, therefore, the parties hereto agree as follows:
1. Filing status - The DISTRICT on behalf of the parties hereto
shall request LARWQCB to direct that a single NPDES permit be
filed for the Calleguas Creek Watershed, with the DISTRICT
designated as the principal permittee and the COUNTY and
CITIES as co- permittees.
2. Implementation Agreement - COUNTY, DISTRICT and CITIES shall
each designate in writing an authorized representative to a
task force to develop an implementation agreement. The
implementation agreement shall specify the responsibilities of
the parties and provide for criteria for management and cost
sharing in the administration of the terms of the NPDES
permit.
3. Life of this AGREEMENT - This AGREEMENT shall remain in effect
only until such time as an implementation agreement replacing
it is executed and approved by the parties hereto.
4. Withdrawal From Participation - Any of the parties to this
AGREEMENT may withdraw from participation in a single NPDES
permit for the Calleguas Creek Watershed at any time prior to
the execution of the implementation agreement referred to in
paragraph no. 3 above. The withdrawing party shall agree to
file for a separate NPDES permit and to comply with all the
requirements established by the LARWQCB.
5. Financial Responsibility - The parties to this AGREEMENT shall
have no financial responsibility to each other under this
AGREEMENT.
6. Execution of the Agreement - This AGREEMENT may be executed in
counterpart and the signed counterparts shall constitute a
single instrument.
2
IN WITNESS WHEREOF, the parties hereto have executed this
agreement.
COUNTY OF VENTURA
Dated: By:
Chair, Board of Supervisors
VENTURA COUNTY FLOOD CONTROL DISTRICT
Dated: By:
Chair, Board of Supervisors
ATTEST:
RICHARD D. DEAN, County Clerk of the
County of Ventura and ex officio
Clerk of the Board of Supervisors
of the County of Ventura and of the
Ventura County Flood Control DISTRICT
By:
Deputy Clerk CITIES:
CITY OF MOORPARK
Dated: By:
ATTEST:
CITY OF CAMARILLO
Dated: By:
ATTEST:
S I M 1 V ALLY`;
CITY OF SAN *�T *Ta�-� TTn1TTTTT+T
Dated: By:
ATTEST:
CITY OF THOUSAND OAKS
Dated: By:
ATTEST: