HomeMy WebLinkAboutAGENDA REPORT 2016 0420 CCSA REG ITEM 10G ITEM 10.G.
CITY OF MOORPARK,CALIFORNIA
City Councii Meeting
of -A0/t''
ACTON: ,,,�,p at.
MOORPARK CITY COUNCIL. y-
AGENDA REPORT BY: l„,,
TO: Honorable City Council qq,, �— I
FROM: Sean Corrigan, City Engineer/Public Works Director JS ✓v
Prepared By: Shaun Kroes, Program Manager
DATE: April 8, 2016 (CC Meeting of 04/20/16)
SUBJECT: Consider Approval of Amendment to Implementation Agreement for the
Ventura Countywide Stormwater Quality Management Program
BACKGROUND
The current Implementation Agreement for the Ventura Countywide Stormwater Quality
Management Program (Implementation Agreement), approved in 2010, is between the
Ventura County Watershed Protection District(District), the ten Ventura County cities and
Ventura County (Co-permittees). The Implementation Agreement reflects 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 defines the fiscal
responsibilities (expenditures and contributions) of all collective parties with respect to the
current Permit, from July 2010 to the expiration of the Permit, anticipated to be the end of
2016. It formalizes 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 allows for sharing of Principal Permittee's costs among all the Co-permittees.
DISCUSSION
The Permit expired on July 8, 2015 and is on administrative extension. The
Implementation Agreement remains in place until the adoption of a new stormwater permit.
The Principal Permittee and Co-permittees are looking forward to working with the
Regional Board on crafting a permit that is appropriate for the Co-permittees. Currently, a
new permit is expected to be adopted and effective by late 2016 or early 2017, and will
have a term of five years. Upon adoption of a new permit the Implementation Agreement
expires. The Principal Permittee and Co-permittees anticipate that a new stormwater
permit will require continued coordination and development of new stormwater programs. -
S.\Public Works\Everyone\Reports\Staff Reports\2016\4_April\-20-2016(Strmwtr Imp!Agrmnt).doc
146
Honorable City Council
April 20, 2016
Page 2
Extending the Implementation Agreement for one year beyond the expiration of the Permit
will enable the agencies to continue to work on the stormwater programs as well as
develop a revised Implementation Agreement (if necessary) to reflect the requirements
established by the new stormwater permit.
FISCAL IMPACT
The proposed amendment to the Implementation Agreement does not change the cost
sharing formula,which distributes costs of the Program between all Co-permitees and the
Principal Permittee on an annual basis, during the term of the Permit, based on Benefit
Assessment Unit ratios of the Co-permittees (the Principal Permittee pays 50% of the
Program costs). The City budgets $40,000 each fiscal year (FY) for its share. The City's
FY 2015/16 Budget includes $40,000 for the Program. The draft FY 2016/17 Budget
includes $40,000 for the Program as well. Expenditures come from the City's General
Fund (1000).
STAFF RECOMMENDATION
Authorize the Mayor to sign the Amendment subject to final language approval by the City
Manager.
Attachment Implementation Agreement Amendment
S:\Public Works\Everyone\Reports\Staff Reports\20161/24_April\4-20-2016(Strmwtr Impl Agrmnt).doc
147
NATIONAL POLLUTANT DISCHARGE ELIMINATION
SYSTEM AMENDMENT TO IMPLEMENTATION AGREEMENT
VENTURA COUNTYWIDE
STORMWATER QUALITY MANAGEMENT PROGRAM
This AMENDMENT to National Pollutant Discharge Elimination System (NPDES)
Implementation Agreement (a copy of which is attached as Attachment 1) is
entered into by and among the County of Ventura hereinafter referred to as
COUNTY, the Ventura County Watershed Protection District hereinafter referred to
as DISTRICT, and the Cities of Camarillo, Fillmore, Moorpark, Ojai, Oxnard, Port
Hueneme, San Buenaventura, Santa Paula, Simi Valley, and Thousand Oaks,
hereinafter collectively referred to as CITIES, with respect to the following matters:
RECITALS
Whereas, the CITIES, the COUNTY, and the DISTRICT desire to continue
funding and implementing an integrated Stormwater Discharge Management Program
with the objective of protecting and improving water quality in Ventura County; and
Whereas, the CITIES, the COUNTY, and the DISTRICT currently operate the
Ventura Countywide Stormwater Quality Management Program pursuant to an
Implementation Agreement approved by the CITIES, the COUNTY, and the DISTRICT in
2010 (AGREEMENT); and
Whereas, the AGREEMENT continues in effect during the term of the NPDES
Permit issued by the Los Angeles Regional Water Quality Control Board (Regional
Board) on July 8, 2010 (Order No. R4-2010-0108); and
Whereas, Regional Board Order No. R4-2010-0108 (PERMIT) adopted on July 8,
2010 expired on July 8, 2015 and is currently on administrative extension; and
Whereas, unless amended as set forth herein, the AGREEMENT will cease to be
in effect when a new permit becomes effective; and
Whereas, the CITIES, the COUNTY, and the DISTRICT desire to modify the
AGREEMENT as it relates to the Term of the AGREEMENT.
NOW, THEREFORE, the parties mutually agree the AGREEMENT is amended as
follows:
1. TERM
This AMENDMENT will become effective upon approval of all the CITIES, the
COUNTY, and the DISTRICT, and the AGREEMENT and this AMENDMENT will
continue in effect until one (1) year after a new permit adopted by the Regional
Board to replace the PERMIT issued by the Regional Board on July 8, 2010 (Order
No. R4-2010-0108) becomes effective, or until terminated in the manner provided
for in the AGREEMENT.
148
2. AGREEMENT IN EFFECT
Except as otherwise specifically provided herein, all other provisions of the
AGREEMENT remain in full force and effect.
3. AUTHORITY TO EXECUTE AGREEMENT
Each party covenants that each individual executing this AMENDMENT on behalf of
each party is a person duly authorized and empowered to execute this AGREEMENT
for such party.
4. EXECUTION IN COUNTERPARTS
This AMENDMENT may be executed and delivered in any number of counterparts
or copies by the parties hereto. Each party may supply a signature page appropriate to
its approval processes and format. When each party has signed and delivered at least
one (1) counterpart to the other parties hereto, each counterpart will be deemed an
original and, taken together, constitute one and the same AMENDMENT, which will
be binding and effective as to the parties hereto.
The parties to this AMENDMENT are as follows:
Ventura County Watershed Protection District
800 South Victoria Avenue
Ventura, CA 93009
Attn: Director of Watershed Protection District
Phone: (805) 654-2040; Fax (805) 654-3350
County of Ventura
800 South Victoria Avenue
Ventura, CA 93009
Attn: Director of Public Works
Phone: (805) 654-2073; Fax (805) 654-3952
City of Camarillo
601 Carmen Drive
Camarillo, CA 93010
Attn: Director of Public Works
Phone: (805) 388-5307; Fax (805) 388-5318
City of Fillmore
250 Central Avenue
Fillmore, CA 93015
Attn: Director of Public Works
Phone: (805) 524-3701; Fax (805) 524-5707
Page 2 of 15
149
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Attn: Director of Public Works
Phone: (805) 517-6285; Fax (805) 532-2555
City of Ojai
401 South Ventura Street
Ojai, CA 93023
Attn: Director of Public Works
Phone: (805) 646-5581; Fax (805) 646-1980
City of Oxnard
305 West Third Street
Oxnard, CA 93030
Attn: Director of Public Works
Phone: (805) 385-8280; Fax (805) 385-7907
City of Port Hueneme
250 North Ventura Road
Port Hueneme, CA 93041
Attn: Director of Public Works
Phone: (805) 986-5000; Fax (805) 986-6660
City San Buenaventura
501 Poli Street
Ventura, CA 93001
Attn: Director of Public Works
Phone: (805) 654-7800; Fax: (805) 652-0865
City of Santa Paula
P.O. Box 569
Santa Paula, CA 93061-0569
Attn: Director of Public Works
Phone: (805) 933-4298; Fax (805) 525-3742
City of Simi Valley
2929 Tapo Canyon Road
Simi Valley, CA 93063
Attn: Director of Public Works
Phone: (805) 583-6786; Fax (805) 583-6300
City of Thousand Oaks
2100 Thousand Oaks Boulevard
Thousand Oaks, CA 91362
Attn: Public Works Director
Phone: (805)-449-2457; Fax (805) 449-2475
Page 3 of 15
150
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
AMENDMENT TO 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:
Maureen Benson, City Clerk
Page 8 of 15
151
Attachment 1
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
IMPLEMENTATION AGREEMENT
VENTURA COUNTYWIDE STORMWATER QUALITY MANAGEMENT PROGRAM
This AGREEMENT is between the County of Ventura hereinafter referred to as COUNTY,the
Ventura County Watershed Protection District hereinafter referred to as DISTRICT and the
Cities of Camarillo,Fillmore, Moorpark, Ojai,Oxnard,Port Hueneme, San Buenaventura,Santa
Paula, Simi Valley and Thousand Oaks,hereinafter collectively referred to as CITIES,with
respect to the following matters:
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,these regulations require the control of pollutants for stormwater discharges by
requiring a National Pollutant Discharge Elimination System("NPDES")permit for the
discharge of stormwater into waters of the United States; and
Whereas,the CITIES,the COUNTY and the DISTRICT entered into a series of
agreements beginning in 1992("Implementation Agreements") to fund and develop an
integrated stormwater discharge management program with the objective of protecting and
improving water quality in Ventura County;and
Whereas,pursuant to the Implementation Agreements,the CITIES,the COUNTY, and
the DISTRICT jointly filed an application with the Los Angeles Regional Water Quality Control
Board(Regional Board) for a NPDES permit; and
Whereas,the Regional Board in 1994 adopted Order No. 94-082 which regulated
stormwater discharges in Ventura County;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(PERMIT),
which designates the CITIES, the COUNTY and the DISTRICT as "Co-Permittees"and
designates the DISTRICT as the"Principal Permittee;"and
Whereas,the Implementation Agreements provide, among other things, for the fimding
of NPDES program requirements through the DISTRICT's Benefit Assessment Program;and
1-9
152
Whereas, the CITIES, the COUNTY, and the DISTRICT have approved annual
extensions of the Implementation Agreements in order to provide annual fimding for NPDES
program requirements; and
Whereas,the latest extension of the Implementation Agreements will expire on June
30,2010;and
Whereas,the CITIES,the COUNTY, and the DISTIRCT mutually desire to modify,
among other things, the cost share provisions under the Implementation Agreement in
accordance with changes to the NPDES Program while preserving the Benefit Assessment
Program as a source of funding for the program; and
Whereas, cooperation among the CITIES,the COUNTY and the DISTRICT to jointly
implement a Countywide NPDES Stormwater Program is in the best interests of the CITIES,the
COUNTY and the DISTRICT; and
Whereas,the CITIES, COUNTY and DISTRICT also operate municipal storm drain
systems and discharge stormwater and urban runoff pursuant to the PERMIT; and
Whereas, the CITIES,COUNTY and DISTRICT as Co-Permittees have obtained,
renewed and complied with the PERMIT; and
Whereas,the PERMIT requires the Co-Permittees to coordinate the development and
implementation of a stormwater quality management program.
NOW,THEREFORE,the parties do mutually agree as follows:
1. PURPOSE: This AGREEMENT establishes the rights and responsibilities of each
party with respect to funding and compliance with the PERMIT.
2. CONDUCT OP VENTURE: The responsibilities of the CITIES,COUNTY and
DISTRICT are as described in the PERMIT and as described below:
A. Each Co-Permittee is independently responsible for complying with the
requirements of the PERMIT within its own jurisdiction and complying with any
individual enforcement actions pertaining to permit violations issued by the
Regional Board.
B. The Ventura Countywide Stormwater Quality Management Program
(PROGRAM)will be managed by a Management Committee(COMMITTEE).
The COMMITTEE will be composed of twelve(12)members;one representative
of each of the CITIES,COUNTY, and the DISTRICT. The COMMITTEE will
be the principal forum for directing the activities of PROGRAM. The
COMMITTEE will be chaired by the representative of the Principal Permittee
named in the PERMIT.
C. Each member of the COMMI11 hE will have one vote for any motion.Any
budgetary motion must be approved by a 2/3 majority vote of the COMMIT IhE
(8 of 12), and any non-budgetary motion must be approved by majority vote.
2-9
153
D. Rules governing the efficient operation of the PROGRAM(Appendix A)and
COMMITTEE(Appendix B), including the definition of Co-permittee activities,
Principal Permittee activities(Administration,Reporting,Monitoring,
Countywide Outreach), as defined by the COMMITTEE are incorporated herein
and attached as appendices. The Public Works Directors Committee
(DIRECTORS)will be composed of 12 members;the Public Works Director of
each of the ten Clubs, the County's Public Works Director,and the District's
Director,or their designees.
E. The DISTRICT,in addition to being a Co-Permittee,performs the services of the
Principal Permittee. If there should be a transition of any Principal Permittee
service(s)to another service provider, it is the intent of the Co-Permittees that a
reasonable time period be required to enable a smooth transition of those services
that minimizes the DISTRICT's loss in either infrastructure or staff levels. For
external expenses of tasks over$50,000,Co-Permittees have the option of
directing the Principal Permittee to go through a competitive process for choosing
the method of delivery of services.
F. DISPUTE RESOLUTION: Any COMMITTEE member may appeal any formal
decision of the COMMITTEE to the DIRECTORS.
All appeals brought to the DIRECTORS must be decided by a 2/3 majority vote
of the DIRECTORS.
3. FINANCIAL RESPONSIBILITIES: COMMITTEE-approved activities performed
by the Principal Permittee benefit all of the Co-Permittees. By pooling resources,the
Co-Permittees benefit from cost sharing and better coordination of permit-required
activities. Each of the Co-Permittees has a responsibility to fund a portion of the
budget for services performed by the Principal Permittee. Principal Permittee
activities,in general,consist of the following: program administration/coordination,
reporting;monitoring and public outreach. In addition, those activities not included
in the annually approved Principal Permittee budget(for instance,those activities
specific to one party)are not the responsibility of the Co-Permittees.
A. Principal Permittee Costs—The DISTRICT will pay 50%of the Principal
Permittee cost, annually, with one exception:for Fiscal Year(July 1 through June
30; FY)2010-2011,the DISTRICT will contribute 50% up to,but not exceeding,
one million dollars ($1,000,000). If the Principal Permittee costs for FY 2010-
2011 exceed two million dollars ($2,000,000),those excess costs will be shared
among the CITIES and COUNTY,as described in subsection 3.B.i.
B. Co-Permittee Costs
i. CITIES and COUNTY will pay the cost for approved Principal Permittee
expenses,less the DISTRICT's cost share,per subsection 3.A.,proportional to
the current Benefit Assessment Unit(BAU) ratios. The BAU ratios are
updated annually according to the County Assessor's records.
3-9
154
ii. All Co-Permittees will pay their own costs for Co-Permittee activities not
assigned to the Principal Permittee.
iii. The CITIES and COUNTY will investigate alternatives to the BAU cost-
sharing method and,in good faith, discuss and try to reach consensus,on
maintaining the current method for cost-sharing,or amending this
AGREEMENT to initiate an alternative cost-sharing method. The
investigation and discussion will take place in FY 2010-2011 with the goal to
reach a consensus by April 1,2011,so an amendment, if necessary,can be
prepared to be approved by all the Co-Permittees and implemented on July
1,2011, for FY 2011-2012 and beyond.
4. FUNDING SOURCES
A. Co-Permittees may continue to fluid requirements described in Section 3 through
the DISTRICT'S Benefit Assessment Program in accordance with annual requests
submitted to the DISTRICT. Each annual request must be supported by a
program description, budget, and such other information reasonably requested by
the DISTRICT. The Co-Permittees' share of the Principal Permittee budget may
be deducted from the proceeds of the Benefit Assessment Program or by payment
to DISTRICT. Co-permittees must notify DISTRICT by February 1 of each year
of their preferred method.
B. The Co-Permittees will collaborate with the DISTRICT,and invite them to
participate in additional funding source(s)for activities to comply with Order No.
2010-0108.
5. RECORDS AND ACCOUNTING: By February In of each year,the Principal
Permittee must prepare a projected detailed annual budget by activity,including but
not limited to, labor and fixed costs for COMMITTEE review and approval for the
following fiscal year.
•
A. The Principal Permittee must implement accounting tracking mechanisms in order
to report and describe contributions and expenditures annually.
B. Each year Principal Permittee expenditures will be reconciled against the
approved budget. Any unexpended Principal Permittee funds will be refimded to
the Co-Permittees in the subsequent year.
C. The Principal Permittee will retain all permit-required documents and fiscal
records for five years,and make available for review by any Co-Permittee,the
Regional Board and/or the USEPA.
6. FINANCIAL IMPLEMENTATION DATE: The financial aspects of this
AGREEMENT will take effect on July 1,2010.
7. AMENDMENTS TO AGREEMENT: This AGREEMENT will be re-evaluated with
each new NPDES permit and prior to the finalization of any new major PROGRAM
funding source. This AGREEMENT may be amended by written consent of the Co-
4-9
155
Permittees, signed and approved by the governing body of each Co-permittee. Any
amendment must comply with the requirements and regulations set forth by the
Regional Board. Should,during the AGREEMENT term, Order No.2010-0108 be
revised,the parties will have the right to call for renegotiating the financial terms
described in this AGREEMENT. Revision of Order No. 2010-0108 through a
TMDL reopener process(incorporation of newly adopted TMDLs into the Order)are
not considered for these purposes a call for renegotiation.
8. NON-COMPLIANCE WITH PERMIT: Any Co-permittee or Principal Permittee not
in compliance with the PERMIT within its jurisdiction or scope of responsibility will
be solely responsible for any lawfully assessed penalties.
9. APPENDAGE OF AGREEMENT: Any Co-permittee may negotiate a separate
AGREEMENT with other Co-Permittees or with all Co-Permittees regarding
stormwater/urban runoff discharge management issues. Such agreements will not be
appended to this AGREEMENT however,they may reference this AGREEMENT.
10. WITHDRAWAL FROM THE AGREEMENT: A Co-Permittee may withdraw from
this AGREEMENT after giving at least 180 days' written notice of withdrawal to the
Principal Permittee and the Regional Board. The Principal Permittee must notify the
remaining Co-Permittees within ten(10)business days of receipt of such notice.
A. The withdrawing Co-Permittee must obtain a separate Stormwater NPDES permit
prior to withdrawal and comply with all permit requirements established by the
Regional Board. Any withdrawing Co-permittee will be responsible for its share
of Principal Permittee and shared costs for the remainder of the budget year of
withdrawal.
B. The withdrawing Co-Permittee will be solely responsible for all lawfully assessed
penalties as a consequence of withdrawal. The cost allocations to the remaining
Co-Permittees will be recalculated in the following budget year.
12. 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,will constitute one and the same
AGREEMENT,which will be binding and effective as to all the parties.
13. FEDERAL AND STATE GUIDELINES: This AGREEMENT is meant to be
consistent with the terms of all applicable Federal and State permit regulations or
guidelines as presently written and as may be amended during the term of this
AGREEMENT. If any provision of this AGREEMENT conflicts with any Federal or
State permit regulation or guideline, the guideline will take precedence.All
provisions, which remain consistent, will remain in force and effect.
14. TERM: This AGREEMENT will become effective upon approval of all 12 Co-
Permittees and will continue in effect until the term of the Permit Sued by the Board
on July 8,2010(Order No.2010-0108) expires,or until terminated in the manner
provided for in this AGREEMENT.
5-9
156
15. TERMINATION OF AGREEMENT: A 2/3 majority(8 of 12)of the Co-Permittees
may terminate this AGREEMENT by mutual written consent.
16.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; or(e)faxed to the Principal Permittee and confirmation by
phone immediately after sending the fax. All notices and correspondence must be
sent or delivered to the following respective addresses or phone numbers of the
parties:
Ventura County Watershed Protection District
800 South Victoria Avenue
Ventura, CA 93009
Attn: Director of Watershed Protection District
Phone: (805)654-2040; Fax(805)654-3350
County of Ventura
800 South Victoria Avenue
Ventura,CA 93009
Attn:Director of Public Works
Phone: (805)654-2073; Fax(805)654-3952
City of Camarillo
601 Carmen Drive
Camarillo,CA 93010
Attn: Director of Public Works
Phone: (805)388-5307; Fax(805)388-5318
City of Fillmore
250 Central Avenue
Fillmore,CA 93015
Attn: Director of Public Works
Phone: (805)524-3701;Fax (805)524-5707
City of Moorpark
799 Moorpark Avenue
Moorpark,CA 93021
Attn: City Engineer/Public Works Director
Phone: (805)517-6255; Fax(805)532-2555
City of Ojai
401 South Ventura Street
Ojai,CA 93023
Attn: Director of Public Works
Phone: (805)640-2560; Fax (805)640-2571
6-9
157
City of Oxnard
305 West Third Street
Oxnard, CA 93030
Attn: Director of Public Works
Phone: (805) 385-8280; Fax(805) 385-7907
City of Port Hueneme
250 North Ventura Road
Port Hueneme, CA 93041
Attn:Director of Public Works
Phone: (805) 986-6568;Fax(805) 986-6660
City San Buenaventura
501 Poli Street
Ventura, CA 93001
Attn: Director of Public Works
Phone:(805) 654-7800; Fax:(805)652-0865
City of Santa Paula
P.O.Box 569
Santa Paula, CA 93061-0569
Attn:Director of Public Works
Phone:(805)933-4212; Fax(805)525-3742
City of Simi Valley
2929 Tapo Canyon Road
Simi Valley, CA 93063
Attn:Director of Public Works
Phone:(805)583-6786; Fax(805)583-6300
City of Thousand Oaks
2100 Thousand Oaks Blvd.
Thousand Oaks,CA 91362
Attn:Director of Public Works
Phone: (805)449-2457;Fax(805)449-2475
17.ENTIRE AGREEMENT: This AGREEMENT contains the entire understanding of
the Co-Permittees with respect to the matters contained herein, and supersedes any
prior agreement or understanding,oral or written.
18.ASSIGNMENT: Each Co-Permittee has the right to assign its rights and obligations
under this AGREEMENT only with the written consent of every other Co-Permittee,
which consent may not be unreasonably withheld.
19. SUCCESSORS IN IN TEREST: Except as otherwise provided,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 not a party to this AGREEMENT.
7:9
158
20. SECTION HEADINGS: Headings at the beginning of each numbered section of this
AGREEMENT are solely for the convenience of the parties and are not a part of this
AGREEMENT.
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.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.
24. AUTHORITY TO EXECUTE AGREEMENT: Each party covenants that each
individual executing this AGREEMENT on behalf of such party is a person duly
authorized and empowered to execute agreements for such party.
8-9
159
APPENDIX A: GUIDELINES FOR DETERMINING PRINCIPAL PERMITTEE ACTIVITIES
Definition of Program Activities: Program Activities are permit required activities.
Administration
Convene,chair,provide agenda&minutes at Management and Sub-committee meetings
Provide technical and administrative support necessary to implement the Permit.
Prepare and track annual budget
Serve as liaison between the Co-permittees and the RWQCB;
• Set time schedules for the performance of activities;
• Forward Co-permittee information to the RWQCB;
• Arrange for public review,when needed;
• Update Co-permittees on RWQCB and EPA regulations
Distribute common information
Membership and participation in SCCWRP and CASQA
Secure services of consultants
Benefit Assessment Program coordination
Provide technical leadership
Prepare regulatory response/comment letters
Prepare and update special agreements
Reortin:
Prepare annual and monitoring reports
File annual Co-permittee self-audits
Prepare ROWD
Seek Co-permittee review
Prepare regulatory response letters for annual reports
Monitorin
Implement county-wide monitoring
Coun ide Public Outreach
Meet minimum Permit required PO elements
160
APPENDIX B: COUNTYWIDE STORMWATER PROGRAM
MANAGEMENT COMMITTEE
The NPDES Management Committee (COMMITTEE) is the principal forum for directing the
countywide stormwater quality management program (PROGRAM) and is composed of twelve
(12) members,one representative for each of the CITIES, COUNTY, and the DISTRICT.
1. The COMMITTEE Is chaired by the Principal Co-permittee and meets as needed (at least
quarterly)to achieve permit requirements and assure PROGRAM continuity.
2. COMMIT TEE members and designated alternates shall be senior level and appointed by
their Agency.
3. The COMMITTEE shall direct and guide the Program and review and approve the
Program budget, comment letters, and report submittals to various agendas (i.e.,
monitoring reports, annual reports and comment letters sent to Los Angeles Regional
Water Quality Control Board. The COMMITTEE shall consider permit compliance,
induding benefit as a primary objective in approving program tasks and corresponding
budgets.
4. The COMMITTEE will review materials developed by the subcommittees, provide
comments, and approve or reject program activities.
5. The LARWQCB may appoint a non-voting representative and alternate to the
Management Committee.
1-1
161
7,7
July 14,2010 Version
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
AMENDMENT TO IMPLEMENTATION AGREEMENT
VENTURA COUTYWIDE
STORMWATER QUALITY MANAGEMENT PROGRAM
County of Ventura Signature Page
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment on the day
and date below written.
COUNTY OF VENTURA
hair,Vito TE on,E- Date i �
Board of Supervisorsu
ATTEST:
(-15F
AMarty Robinson +0� ;?��44P1.*,
*,y
Clerk of the Board of Supervisors u �''' ' �T
>,
County of Ventura x0 ;. t`r\17.
State of California 'QCtFov-
/
By: 1 �,i
iepu y irk of the Board
111111
9-9
162
July 14,2010 Version
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
AMENDMENT TO IMPLEMENTATION AGREEMENT
VENTURA COUTYWIDE
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.
VENTURA COUNTY WATERSHED PROTECTION DISTRICT
-w.
;/0/:.• ...--y1 � 24D Lett 6
hair V¢,nTets+ittive-- Date
Watershed Protection District
Board of Supervisors
ATTEST: prot cnoh o
Marty Robinson .:. - a
Clerk of the Board of Supervisors • /AZr=rt;-----'-� •
County of Ventura ,..41sCrlin4wa!"47‘amtil
State of Califomi.
By: .�.•�
'Deputy Cler' the Board
9-9
163
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
IMPLEMENTATION AGREEMENT
VENTURA COUNTYWIDE
STORMWATER QUALITY MANAGEMENT PROGRAM
City of Port Hueneme Signature Page
4viyor
City of Port Hueneme, California
ATTEST:
cag• elle Ascencion, utY City Clerk
APPROVED AS TO FORM:
Mark H-nsley, City Att rney
APPROVED • TO DMINISTRATION:
•avid J. Norman, City Manager
9-9
• 164
Appendix A January 12,2011 Version
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
AMENDMENT TO IMPLEMENTATION AGREEMENT
VENTURA COUTYWIDE
STORMWATER QUALITY MANAGEMENT PROGRAM
City of Santa Paula Signature Page
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment on the day
and date below written.
CITY OF SANTA PAULA
Lam----
Fred . Robinson, Mayor
ATTEST:
NNIA p
:*'\
Ju. ice .' i .-rk ,e i">)
APPR• / ► ' ' % FORM: yt" r,c'R( 1:71(,` e�
(de 4
Karl H. Ber•- ' ity Attorney
•
APPR' ED AS TO CONTENT:
e M. Fontes�',fC" Mav
nager
9-9
11
165
July 14,2010 Version
Agreement No. A-7357
CITY OF OXNARD
K.__..-----.---- -i:1---te‹,- L---_ ________
Dr.Thomas E. Holden, or
ATTEST:
il .
Daniel Martinez, i Clerk
APPROVED AS TO FORM: APPROVED AS TO INSURANCE
il(6.-- E__A..1.,%(13J- C
Alan Holmbe g, ity Attorney Ja 4Carneron,Chief Financial Officer
APPROVED AS TO CONTENT:
(..._47,--, ./..&.-&---c-_______..
Rob Roshanian, Interim Public Works Director
3
Anthony Emmert, Water Resources Manager
166
NATIONAL POLLUTANT DISCHARGE ELIMINATION
SYSTEM IMPLEMENTATION AGREEMENT
VENTURA COUNTYWIDE
STORMWATER QUALITY MANAGEMENT PROGRAM
City of Camarillo Signature Page
.r�. S 10'0 „�
Date Jerry Ba ston, City Manager
City of Camarillo, California
ATTEST:
pANYLOLLTAMA
effrie Madland, City Clerk
APPROVED AS TO FORM:
Office of City Attorney
Brian Pierik, City Attorney
16 7
Agreement No. 2010-58
July 14,2010 Version
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
IMPLEMENTATION AGREEMENT
VENTURA COUNTYWIDE
STORMWATER QUALITY MANAGEMENT PROGRAM
City of Thousand Oaks Signature Page
Dennis C. Gillette
City of Thousand Oaks, California
ATTEST:
X4-4,--)WIZIA4141
Linda D. Lawrence, City Clerk
APPROVED AS TO FORM:
Office of City Attorney
Csto�Norman, Assistant City Attorney
APPROVED AS TO ADMINISTRATION:
Ccf.&.41. (51-10- yon
Scott Mitnick, City Manager
9-9
City Council: 09/07/2010 16 8
Contract No. 9447-2010
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
IMPLEMENTATION AGREEMENT
VENTURA COUNTYWIDE
STORMWATER IMPLEMENTATION PROGRAM
City of Simi Valley Signature Page
(:C::::„. .,e._ ..
Paul Miller, or
City of Simi Valley, California
A rrEST:
Wendy K. Green,Assistant City Clerk
APPROVED AS TO FORM: .
Office of City Attorney
ra�yM oo�N ty Atto�� m
APPROVED nAS TO CONTENT:
Mike Sedell, City Manager
Sa --= -
Ro;• d K. uchi, aki, Director
Department of Public Works
SCVSW\IMP AGREE12010IMP AGREEMENT\tA7-14-10
169
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
IMPLEMENTATION AGREEMENT,
VENTURA COUNTYWIDE
STORMWATER QUALITY MANAGEMENT PROGRAM
City of Moorpark Signature Page
IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the day
and date first above written.
CITY OF MOORPARK
/
a - e S. Parvin, Mayor Date
ity of Moorpark, California
ATTEST:
Deborah S. Traffenstedt, Clerk
ox OVA
170
July 14,2010 Version
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
IMPLEMENTATION AGREEMENT
VENTURA COUNTYWIDE STORMWATER QUALITY MANAGEMENT PROGRAM
SIGNATURE PAGE
CITY OF FILLMORE,
By: jOlijiL L IJLd4L1(/l
Patti Walker,Mayor
A 11 EST:
By: Q4a.✓ , 1�
Clay 174s-ding, City Cle
APPROVED AS •• FORM:
By:
The•dollir J. c eider, City Attorney
1:\ENGR\PW 10\1003 NPDES COUNTYWIDE IA.doc 9-9
171
City of San Buenaventura Signature Page
CITY OF SAN BUENAVENTURA
Let:eic
Rick Cole, City Manager
APPROVED AS TO FORM
7/(7
/tt-t ?
Ariel Pierre Calonne
City Attorney
172
July 14,2010 Version
20. SECTION HEADINGS: Headings at the beginning of each numbered section of this
AGREEMENT are solely for the convenience of the parties and are not a part of this
AGREEMENT.
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. 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.
24. AUTHORITY TO EXECUTE AGREEMENT: Each party covenants that each
individual executing this AGREEMENT on behalf of such party is a person duly
authorized and empowered to execute agreements for such party.
[An executed signature page must be provided by each signatory.]
City of Ojai
S Baker, Interim City Manager
ATTEST:
i/./T /L410
C thia Bure11, City Clerk
ity of Ojai
8-8
173