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HomeMy WebLinkAboutAGENDA REPORT 2008 0206 CC REG ITEM 10G rimm G. City Council Meeting, -A eo 8 ACTION: MOORPARK CITY COUNCIL AGENDA REPORT `� •=- TO: The Honorable City Council FROM: Yugal K. Lail, City Engineer/Public Works Director Prepared By: Shaun Kroes, Management Analyst DATE: January 18, 2008 (CC Meeting of 02/06/08) SUBJECT: Consider Amendment to Implementation Agreement for Countywide Stormwater Program and Resolution Amending the Fiscal Year 2007/08 Budget to Fund the Amendment SUMMARY The proposed amendment (Attachment 1) to the existing Stormwater Program Implementation Agreement (Implementation Agreement) delineates responsibilities and creates a formula for each agency's share of administrative expenses. The proposed amendment is between the Ventura County Watershed Protection District(District), the ten Ventura County cities and Ventura County (co-permittees). BACKGROUND The Ventura Countywide co-permittees have established a working relationship with each other through the Countywide Stormwater Program (Program). Since its inception in 1992, the Program has been partially funded by a benefit assessment (BA) collected by the District under an Implementation Agreement between the District and co-permittees. The BA is collected by the District and is based on a Basic Assessment Unit(BAU) benchmark. All cities and the county have a designated number of BAUs. Moorpark's is 12,408. Although other cities in the county also collect BA funds through the District for their individual stormwater programs, the City of Moorpark does not. The Implementation Agreement delineates the responsibilities and funding mechanism for all co-permittees and the principal permittee under the National Pollutant Elimination System (NPDES) Stormwater Permit (Permit). There were four separate 1992 Implementation Agreements that were divided by watershed zones. Moorpark approved the agreement for Zone 3 (Attachment 2). 900157 Honorable City Council 2/6/2008 Page 2 The District is designated as the "principal permittee" in the current Permit and the Implementation Agreement. The principal permittee is responsible for the administration of the Permit and other duties which include, but are not limited to, coordination of required management and subcommittee meetings, serving as liaison between the co-permittees and Regional Water Quality Control Board, preparing annual and monitoring reports, conducting water quality monitoring and conducting public outreach on behalf of the countywide program. DISCUSSION Under the current Permit, principal permittee costs are approximately$1.4 million annually. For the last fifteen years, the District reportedly absorbed these costs through its NPDES BA. The District has stated that due to funding constraints, it can no longer shoulder the entire principal permittee budget without assistance from the co-permittees and has requested an Amendment to the Implementation Agreements. It should be noted that the current Implementation Agreements allow for cost sharing for joint activities such as: 1. Consultant fees for watershed wide Permit related work. 2. Legal fees for watershed wide Permit related work. 3. Penalties of watershed wide nature. 4. Best Management Practices of watershed wide impact or benefit. The proposed Amendment redefines the fiscal responsibilities of all collective parties to the Permit and will require all co-permittees to pay for a portion of the District's Permit requirements in addition to costs already borne by the City to comply with co-permittee responsibilities designed by the Permit. Although City staff does desire to cooperate in an integrated Program, being in the best interest of protecting and improving water quality in Ventura County, it must express concern about the precedent that this Amendment will make. This Amendment will require the City to fund a portion of the District's expenses that are a requirement of being a principal permittee. The co-permittees, on the other hand, will continue to fund their own Permit requirements without the benefit of receiving funds from the District. The co-permittees will essentially be diverting their already limited stormwater funds without a readily available funding mechanism to supplement that expense. City staff, including Public Works Directors, worked on this Amendment for the past year to develop the best plan. The following are highlights of the proposed Amendment to the Implementation Agreement. • Fifty percent of the District's annual NPDES BA will be used to finance a portion of the principal permittee costs. The remaining 50 percent will be used for the District's remaining co-permittee costs. 000158 Honorable City Council 2/6/2008 Page 3 • The remaining principal permittee costs will be financed by the District paying 15 percent of the costs and the County and other co-permittees paying a percentage of the costs based upon the number of BAUs in their respective jurisdiction. For Fiscal Year 2007/08, Moorpark's share of the principal permittee costs is$21,635 which is 3.67 percent of the total BAUs. The original 1992 Agreement allows for an amendment to become effective with a two- thirds majority approval. To date, more than two-thirds of the co-permittees, including the County of Ventura and the Ventura County Watershed Protection District, and the Cities of Fillmore, Oxnard, Port Hueneme, Santa Paula, Simi Valley, Thousand Oaks, and Ventura have approved the Amendment, making it effective. It is still in the City's best interest to remain in a cooperative agreement with the co-permittees and the District to work towards complying with the Permit. It would be much more expensive for the City to separate from the Program and attempt to comply with the Permit's requirements on its own. FISCAL IMPACT This Amendment is retroactive beginning July 1, 2007, and will cost the City$21,635. The City currently has no funds budgeted for this Amendment. Expense Account 1000.8320.0000.9103 includes $8,500 for the Permit mandated Automotive Business Inspections and $40,000 for the Total Maximum Daily Load program. Staff proposes amending the FY 2007/08 budget by appropriating $21,635 from the General Fund (1000) to cover the Implementation Amendment costs for FY 2007/08. STAFF RECOMMENDATIONS (Roll Call Vote) 1. Authorize the Mayor to sign the Amendment Subject to Final Language Approval by City Manager and City Attorney. 2. Adopt Resolution No. 2008 - ATTACHMENTS 1. Implementation Agreement Amendment 2. 1992 Implementation Agreement 3. Resolution 000159 Attachment 1 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM AMENDMENT TO IMPLEMENTATION AGREEMENT VENTURA COUNTYWIDE STORMWATER QUALITY MANAGEMENT PROGRAM This Amendment to National Pollutant Discharge Elimination System Implementation Agreements (a copy of which are attached as Attachment 1 and 2) 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 DISTRICT has been named as the Principal Permittee in the PERMIT, and Whereas, the CITIES, the COUNTY and the DISTRICT currently operate the Ventura Countywide Stormwater Quality Management Program pursuant to four separate 1992 Implementation Agreements divided by watershed zone and approved by the CITIES, the COUNTY and the DISTRICT; and Whereas, the CITIES, the COUNTY and the DISTRICT desire to modify the 1992 Agreements as relates to cost sharing of Principal Permittee activities. NOW, THEREFORE, the parties do mutually agree the Agreements be, and hereby are amended as follows: 1. TERM This Amendment shall be in effect for fiscal year 2007/2008, commencing on July 1, 2007 and terminating on June 30, 2008. 2. PRINCIPAL PERMITTEE BUDGET The principal permittee budget for FY2007/2008 is attached as Exhibit A. The total principal permittee costs shall not exceed $1,425,197 and is a not-to-exceed amount representing the maximum amount that will be used for determining distribution of costs in accordance with Section 3, Expenditures. The budget line items may be modified with approval of the Management Committee, as long as the overall total budget is not exceeded. u001+6+0 3. EXPENDITURES, SECTION IV, SUBSECTION C IS AMENDED AS FOLLOWS: 1) 50% of the DISTRICT's NPDES Benefit Assessment share is to be used for funding Principal Permittee costs. 2) Principal Permittee costs not funded through Section 3.1. shall be distributed among co-permittees as follows: 15% by DISTRICT and the balance by the CITIES and COUNTY based on current Benefit Assessment Unit (BAU) ratios. 3) Exhibit B attached shows an example distribution of costs based on BAU's, using the revenues for FY 2006/2007. Actual revenue amounts shall be used in computing the final cost distribution. 4) The Principal Permittee shall implement accounting tracking mechanisms in order to report and describe contributions and expenditures. Any unexpended funds not used for Principal Permittee activities shall be returned to the Co- permittees. 4. PAYMENT The Co-permittees' share of the Principal Permittee budget can either be deducted from the proceeds of the Benefit Assessment Program levied on its behalf or by payment to the DISTRICT. Co-permittees shall notify DISTRICT by February 1, 2008 of their preferred method of payment. 5. FINANCIAL IMPLEMENTATION DATE The financial aspects of this Amendment shall take effect on July 1, 2007. 6. AGREEMENT IN EFFECT Except as otherwise specifically provided herein, all other provisions of the Agreements shall remain in full force and effect. 7. 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 Agreements for such party. 8. EXECUTION IN COUNTERPARTS This Amendment may be executed and delivered in any number of counterparts or copies by the parties hereto. When each party has signed and delivered at least one counterpart to the other parties hereto, each counterpart shall be deemed an original and, taken together, shall constitute one and the same AMENDMENT, which shall be binding and effective as to the parties hereto. The parties to this Amendment are as follows: //�� S:\Public Works\Everyone\NPDES\VCWPD\Implementation Agreement 2-6-2008.doc 'U V 0161. 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: Director of Public Works 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) 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 &Public Works\Everyone\NPDES\VCWPD\Implementation Agreement 2-6-2008.doc jJ00162 City of Port Hueneme 250 North Ventura Road Port Hueneme, CA 93041 Attn: Director of Utility Services 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 Blvd. Thousand Oaks, CA 91362 Attn: Public Works Director Phone: (805) 449-2457; Fax (805) 449-2475 &\Public Works\Everyone\NPDES\VCWPD\Implementation Agreement 2-6-2008.doc o o01.63 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM IMPLEMENTATION AGREEMENT VENTURA COUNTYWIDE STORMWATER QUALITY MANAGEMENT PROGRAM City of Moorpark Signature Page Patrick Hunter, Mayor City of Moorpark, California ATTEST: Deborah S. Traffenstedt, City Clerk SAPublic Works\Everyone\Staff Reports\2008TebruaryWttach 1 Imp Agrmnt 2-6-2008.doc 00r/ G EXHIBIT A VCWPD PRINCIPAL PERMITTEE BUDGET & ACTIVITIES Prog Man Residents Industrial Planning Const. Public Illicit/Illegal Monitoring Totals Hourly Costs $364,300 $27,510 $6,518 $18,169 $4,407 $4,321 $3,140 $357,832 $786,197 Total Fixed $187,000 $95,000 $0 $25,000 $0 $0 $0 $332,000 $639,000 Grand total $551,300 $122,510 $6,518 $43,169 $4,407 $4,321 $3,140 $689,832 $1,425,197 Staff Hours Deputy Director 800 0 0 0 0 0 0 10 810 Management Assistant 11 320 0 0 16 0 0 0 10 346 Eng. Manager 1 1168 30 36 48 28 24 24 330 1,688 W.Q.Analyst 11 140 0 20 80 8 0 0 1482 1,730 W.Q.Analyst II 160 100 0 40 0 0 0 1496 1,796 W.Q. Tech Specialist 584 15 0 0 0 20 0 970 1,589 Staff Service Specialist 1 0 120 0 0 0 0 0 0 120 W.Q.Analyst I (Vacant) 0 0 0 0 0 0 0 0 0 Total Hours 3172 265 56 184 36 44 24 4298 8,079 .�i X11 EXHIBIT B Co-permittee Share of Principal Permitee (PP) Costs - 2007/2008 Interim Proposal (1-Year) Estimated '07/'08 PP Costs $1,425,197 -WPD BAU Revenue Contribution (1) 731,500 Co-Permittee Shared Cost 693,697 - WPD Shared Cost @ 15% 104,055 City/County Shared Cost 589,642 Co-permittee Total BAUs % of Total BAUs (3) % City/County Shared Cost (4) (Actuals for 06-07) (2) Camarillo 29,605 8.75% $51,619 County 72,999 21.59% $127,281 Fillmore 4,271 1.26% $7,447 Moorpark 12,408 3.67% $21,635 Ojai 4,296 1.27% $7,490 Oxnard 53,676 15.87% $93,589 Port Hueneme 4,942 1.46% $8,617 Santa Paula 8,963 2.65% $15,628 Simi Valley 47,789 14.13% $83,325 Thousand Oaks 57,284 16.94% $99,880 Ventura 41,943 12.40% $73,132 Totals 338,176 100.00% $589,642 1. WPD BAU revenue contribution will be based on actual revenue 2. Shares will be based on actual costs 3. Share percentages from Table 10 - BA Report'06/'07 4. Costs rounded to nearest dollar- BAUs rounded to nearest whole number Attachment 2 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM IMPLEMENTATION AGREEMENT STORMWATER REGULATION PROGRAM 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, establishes the responsibilities of each party with respect to compliance with National Pollutant Discharge Elimination System (NPDES) Stormwater regulations administered by the California Regional Water Quality Control Board, Los Angeles Region (LARWQCB) by the authority granted by the Clean Water Act (CWA) and its 1987 amendments and the Water Quality Act (WQA) . 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 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 (PERMIT) for the discharge of stormwaters into waters of the United States; and Whereas, these EPA regulations require PERMITS for discharges from municipal storm drains on a system-wide or jurisdiction-wide basis; and Wheras, the CITIES and the COUNTY have land use regulation authority within their jurisdictional boundaries with associated powers to require mangement practices consistent with EPA regulations; and Whereas, the DISTRICT has no land use regulation authority, but only 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, Contract No. 2151-92 OOOJL67 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 PERMIT is in the best interests of the CITIES, the COUNTY and the DISTRICT; and Whereas, the DISTRICT, COUNTY and CITIES have been jointly designated as Permittees by the LARWQCB; and Whereas, the DISTRICT has been designated as the Principal Permittee in the PERMIT; and Whereas, the COUNTY and the CITIES have been designated as the Co-Permittees in the PERMIT. NOW, THEREFORE, the parties hereto do mutually agree as follows: I. FILING STATUS. The COUNTY, DISTRICT and CITIES will file the applications for PERMIT as Permittees. The COUNTY, the DISTRICT and each individual City will be a Permittee. II. INCORPORATION OF FEDERAL REGULATIONS. The terms of all applicable Federal and State permit applicaion guidelines, as presently written or as changed during the life of this AGREEMENT are hereby incorporated by reference and made a part of this AGREEMENT and take precedence over any inconsistent terms of this AGREEMENT. III. STRUCTURE AND RESPONSIBILI`T'IES A. All Permittees (Principal Permittee and Co- Permittees) are independently responsible for complying with the requirements of the PERMIT within their own jurisdictional boundaries. For storm drains owned and operated by the DISTRICT, including those located within the jurisdiction of the Co-Permittees, the Principal Permittee will be responsible for facility operation and maintenance. B. The Principal Permittee shall be responsible for the following: (a) Coordination of PERMIT activities, including establishing a uniform mapping and data 2 Contract No. 2151-92 V00168 presentation format, to be used by all Permittees. (b) Serving as the liaison agency between the Co- Permittees and the LARWQCB. The responsibility shall include: (1) Establishment of time schedules and notifying Co-Permittees regarding such schedules for the performance of tasks and activities per the requirements of the PERMIT. (2) Preparation of the quarterly progress reports and annual reports on PERMIT activities for submittal to the LARWQCB. For the annual PERMIT report, a draft will be circulated to each Co-Permittee for their review and comment prior to forwarding to the LARWQCB. (3) Upon receiving information and materials submitted by the Co-Permittees in compliance with PERMIT requirements, packaging and forwarding of these submittals, on behalf of the Co- Permittees, to the LARWQCB. (4) Upon receipt of all proposed plans and their implementation schedules from all Co-Permittees, arranging for public review of these documents. Communicating with Co-Permittees regarding public comments. Packaging and forwarding of the revised final version of these documents for LARWQCB approval. (5) Keeping all Co-Permittees updated on LARWQQB and/or (EPA) regulations which may impact stormwater discharge activities and PERMIT compliance. (6) Arranging for the collection and payment of all annual PERMIT renewal fees required by the LARWQCB. C. Upon concurrence and in coordination with Co- Permittees, the Principal Permittee may secure the services of consultants and administer contract for consultant to prepare manuals, develop programs or perform studies relevant to the Permitted area. The cost of said consultant services will be shared 3 Contract No. 2151-92 UUO16y in accordance with section IV D of this AGREEMENT. D. For PERMIT submittals which do not involve the public review process, each Co-Permittee shall be responsible to submit these items, prepared in the format specified by the Principal Permittee, to the Principal Permittee 30 calendar days prior to the deadlines specified in the PERMIT. This 30-day period will enable the Principal Permittee to package and forward these documents, on behalf of all Permittees, to LARWQCB. E. For PERMIT submittals which involve the public review process, the Co-Permittee shall be responsible to submit these items, prepared in the format specified by the Principal Permittee, to the Principal Permittee 90 calendar days prior to the deadlines specified in the PERMIT. The Principal Permittee shall schedule the submittals for public input, route public comment back to Co-Permittees for possible refinement of documents, arrange to receive final documents, and package and forward documents to the LARWQCB for their review and approval. F. Each Co-Permittee shall agree to prepare all PERMIT-required submittals using the format specified by the Principal Permittee. G. Upon the execution of this AGREEMENT, each Permittee shall develop a program to address the following issues within its jurisdictional boundaries that occur during the term of this AGREEMENT: (1) Implementation of controls to reduce pollution from commercial and residential areas. (2) Implementation of structural/nonstructural controls on land development and construction sites. (3) Implementation of controls to reduce pollution from maintenance activities. (4) Elimination of illegal connections, improper disposal, spill prevention, containment and response. (5) Inspection, monitoring and control programs for industrial facilities. 4 Contract No. 2151-9.2rti��+-�� (6) Implementation of public awareness and training programs. IV. EXPENDITURES A. Each Co-Permittee shall be responsible for its own costs of the implementation of the PERMIT activities within its jurisdictional boundaries. B. The Principal Permittee shall be responsible for the cost of its PERMIT implementation efforts for all storm drains and flood control facilities owned and operated by DISTRICT. C. The Principal Permittee shall also be responsible for the cost of activities specified in Section III-B. D. The cost of all common or joint activities or responsibilities shall be borne by Co-Permittees on the basis of the ratio of the Benefit Assessment Units (BAU)s within the Co-Permittee's boundaries to the total BAUs in the watershed. Common or joint activities and/or responsibilities may include but shall not be limited to the following: (1) Consultant fees for watershed wide Permit related work. (2) Legal fees for watershed wide Permit related work. (3) Penalties of watershed wide nature. (4) Best Management Practices of watershed wide impact or benefit. V. FUNDING A. The Co-Permittees may fund activities described in IV A. through the DISTRICT Is Benefit Assessment Program. Co-Permittee wishing to do so shall: (1) Submit to DISTRICT a complete program description and activity budget and the amount of assessment required to finance the program. (2) Prior to making the request for the levy of the assessment, hold a public hearing as required by Section 6066 of the Government Code. 5 Contract No. 2151-92 000171 1 (3) The hearing shall be on the program description and budget, including the means of financing. (4) Upon adoption of the program and prior to the first day of May of each calendar year, submit a request to District for its inclusion in the assessment. Said request shall be made by resolution of the governing body of the Co- Permittee. The levying of the District's Benefit Assessment Program and the amount thereof is within the sole discretion of the District's Board of Supervisors. B. All costs incurred by DISTRICT for processing for the additional assessment (see Section V A. ) shall be borne by Co-Permittee either by direct payment to DISTRICT or by deduction from the proceeds of the Benefit Assessment levied on its behalf. C. Distribution of funds from the Flood Control Benefit Assessment collections to Co-Permittee will be made on a schedule established by the Ventura County Auditor-Controller for such disbursements. D. The Principal Permittee shall finance the activities specified in Section IV B. and IV C. through the use of its Benefit Assessment activity throughout the entire watershed. VI. NON COMPLIANCE WITH AGREEMENT A. Any Permittee not in compliance with the PERMIT within its jurisdictional boundaries shall be solely liable for any lawfully assessed penalties. B. Common or joint penalties shall be calculated and allocated in accordance with Section IV D. VII. ADDITIONAL PARTIES. A. Permittees executing this AGREEMENT shall, to the extent allowed by law applicable to such entity, comply with all provisions of this AGREEMENT. B. Any entity which officially becomes a Co-Permittee at a later date, subsequent to the signing of this AGREEMENT, shall comply with all the requirements of the PERMIT, except that the time frame for completion of tasks shall be adjusted per mutual 6 Contract No. 2151-92 )OOJL72 agreement between the new Co-Permittee in question, the Principal Permittee, and the LARWQCB. VIII. WITHDRAWAL FROM THE AGREEMENT. A. A Co-Permittee may withdraw from the AGREEMENT 60 days subsequent to written notice to the Principal Permittee and LARWQCB. The Principal Permittee will notify the remaining Co-Permittees within ten (10) business days of receipt of the withdrawal notice. B. The withdrawing Co-Permittee shall agree to file for a separate PERMIT and to comply with all of the requirements established by the LARWQCB. In addition, withdrawal shall constitute forfeiture of the said Co-Permittee's remaining funds collected under the Benefit Assessment Program for the budget year of withdrawal. C. The withdrawing Co-Permittee shall be 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. IX. AMENDMENTS TO AGREEMENT A. This AGREEMENT may be amended by consent of the Principal Permittee and a two-thirds majority of the Co-Permittees. B. Any amendment shall comply with the requirements and regulations set forth by the LARWQCB. C. No amendment to this AGREEMENT shall be effective unless it is signed and approved by the governing bodies of the majority of the parties. X. APPENDAGE OF AGREEMENT Any Permittee may negotiate a separate AGREEMENT with other Permittees or with all Permittees regarding stormwater/urban runoff discharge management issues. Such AGREEMENTS will not be appended to this AGREEMENT but will be regarded as a separate AGREEMENT. However, they may reference this AGREEMENT. XI. LIFE OF THE AGREEMENT The term of this AGREEMENT commences on its execution by Contract No. 2151-92 u V 0173 each of the duly authorized representatives of the Permittees. The life of the AGREEMENT shall extend as long as a PERMIT regulating stormwater/urban runoff discharges encompassing the Calleguas Creek Watershed is required. XII. NOTICES All notices and correspondences shall be deemed duly given, if (a) sent by certified U.S, mail; (b) delivered by hand; (c) three (3) days after deposit in the U.S. mail, postage prepaid and notice to the addressee of such mailing by phone immediately after deposit in the U.S. Mail, or faxed to the Principal Permittee and confirmation by phone immediately after sending the fax. XIII. GOVERNING LAW This AGREEMENT will be governed and construed in accordance with laws of the State of California. If any provision(s) of this AGREEMENT shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired hereby. XIV. AUTHORIZED SIGNATORIES The Engineer-Manager of DISTRICT, the Public Works Director of COUNTY and the City Managers of CITIES (or their designees) shall be authorized to execute all documents and take all other procedural steps necessary to file for and obtain a PERMIT(s) or amendments thereto. XV. 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 party waiving or consenting. Any consent by any party to, or waiver of, a breach by any other party, whether expressed or implied, shall not constitute a consent to, waiver of, or excuse for any other different or subsequent breach. XVI. APPLICABILITY OF PRIOR AGREEMENTS This document constitutes the entire AGREEMENT between the parties with respect to the subject matter; all prior agreements, representations, statements, negotiations and undertakings are superseded hereby. 8 Contract No. 215_-92 4JOOJL74 XVII. EXECUTION IN COUNTERPARTS This AGREEMENT may be executed and delivered in any number of counterparts or copies ("counterpart") by the parties hereto. When each party has signed and delivered at least one counterpart to the other parties hereto, each counterpart shall be deemed an original and, taken together, shall constitute one and the same AGREEMENT, which shall be binding and effective as to the parties hereto. 9 Contract No. 2151-42 ,.�00175 IN WITNESS WHEREO. , the parties hereto hz, � 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 CAMARILLO Dated: By: ATTEST: CITY OF MOORPARK Dated: By: ATTEST: CITY OF SIMI VALLEY Dated: By: ATTEST: CITY OF THOUSANA OAKS y�. Dated: B Robert E. Lewis, Mayor ATTEST, Na�c h�Dillon, City Clerk Mark G. Sellers, City Attorney Grant R. Brim ea ity Manager 600176 IN WITNESS WHERE(_ , the parties hereto h, e executed this agreement. COUNTY OF VENTURA J Dated: By: 4*Cr, � ' Board of Su ervisor +► VENTURA COUNTY FLOOD CONTROL DISTRICT Dated: S. 9 By: 4�LK- 2Am,,_ LT C ir, Board of S pervisor �b aJ ATTEST: oc RICHARD D. DEAN, County Clerk of the r County of Ventura and ex officio Z�7 Clerk of the Board of Supervisors cat of the County of Ventura and of the Ventura County Flood Control DISTRICT By: Deputy Clerk CITIES: C Y OF CAMARILLO . C,G ' Dated: C By: illiam Little, City Manager ATTEST: C y C k CITY OF MOORPARK Dated: By: ATTEST: CITY OF SIMI VALLEY Dated: By: ATTEST: CITY OF THOUSAND OAKS Dated: By: ATTEST: Contract No. 2151--92 u001.7 IN WITNESS WHERE._ , the parties hereto h, a 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 CAMARILLO Dated: By: ATTEST: TY MOORPARK Dated: By: ATTE CITY OF SIMI VALLEY Dated: By: ATTEST: CITY OF THOUSAND OAKS Dated: By: ATTEST: Contract No. 2151-92 0001'" 8 IN WITNESS WHEREG. , the parties hereto h& s 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 CAMARILLO Dated: By: ATTEST: CITY OF MOORPARK Dated: By: ATTEST: Areagoryttfatton,OF SIMI V L EY Dated: mina 99, 7 qq7 By: Mayor ATTEST: CITY OF THOUSAND OAKS Dated: By: ATTEST: Contract No. 2151-92 V00:179 IN WITNESS WHEREOF , the parties hereto ha 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 CAMARILLO Dated: By: ATTEST: CITY OF MOORPARK Dated: By: ATTEST: CITY OF SIMI VALLEY Dated: By: ATTEST: CITY OF TH UUSAN OAKS Dated: By' Robert E. Lewis, Mayor ATTEST: N c . ,Dillon, City Clerk Mark G. Sellers, City Attorney Grant R. Brim ag, htyy Manager 1)v0180 RESOLUTION NO. 92-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THOUSAND OAKS DETERMINING AN ASSESSMENT FOR THE CITY PART 1 NPDES STORMWATER MANAGEMENT PROGRAM TO BE RECOMMENDED FOR INCLUSION INTO THE BENEFIT ASSESSMENT PROGRAM OF THE VENTURA COUNTY FLOOD CONTROL DISTRICT 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 from municipal storm drains; and WHEREAS, the City of Thousand Oaks has been identified as having a population over 100,000 and is mandated to file a NPDES permit; and WHEREAS, on April 21, 1992, the City Council approved an Implementation Agreement with other cities, Ventura County and the Ventura County Flood Control District, to develop an integrated Stormwater Discharge Management Program with the objective of_ improving water quality in the Calleguas Creek watershed and other watersheds; and WHEREAS, the District's Benefit Assessment Program was identified as a funding source for the City's NPDES permit process; and WHEREAS, the District has also indicated a willingness to do the work for the City; and WHEREAS, the estimated cost to do Part 1 is $189,000 for Zone 3, and $34,400 for Zone 4, for the 44,704 Basic Assessment Units in the City resulting in a unit cost of $5.00/BAU; and WHEREAS, a Basic Assessment Unit is equivalent to a standard tract home. PW/11 Res. No. 92-92 OOJLS . NOW, THEREFORE, the City of Thousand Oaks hereby determines that $189,000 for Zone 3, and $34,400 for Zone 4, shall be the budget for the City's Part 1 NPDES permit process and recommends to the Ventura County Flood Control District this amount for inclusion into the total Benefit Assessment Program within the City of Thousand Oaks. PASSED AND ADOPTED this 19th Day of May, 1992. e4ir r6d4x�- Robert E. Lewis, Mayor City of Thousand Oaks, California ATTEST: Nan dy A Dillon, City Clerk APPROVED BY: / 1 Mar G. Sellers, City Attorney APPROVED AS TO ADMINISTRATION A�l Ag., i5ranl R. Bri City Manager PW/ll • -2- Res. No. 92-92 NPDESPtl.CCA i,o00182 CEgrMCATION snuE OF CATIFOFVIA } cou"y OF VRMIRA } ss. C1`I'Y OF THOUSAND OAKS } Oaks, DO HEREBY I, N NC.'AY A. DIIWg, City Clerk of the City of ' f Volution No. Cagy that the fM:ego�J is a full, true, O°id Ci at opted by assed-ard ad �tmci-1 92-92 which was M and r1Y P -Y vote: a regular meeting held May 19, 1992, by the following ��• Cou�i� Zean<�, Lazar, Schillo, Fiore and Mayor Lewis NOES: None ABSENT: None the official my band IN WITTSS WH RD9F, I have Y tO set and affixed seal of the City of njc� Oaks, CalifmTda- A. llon, Ci Clerk City of Oaks, California Res. No- 92-92 u00183 RESOLUTION NO. 92-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SIMI VALLEY FOR NPOES STORM WATER MANAGEMENT PROGRAM -TO BE RECOMMENDED FOR INCLUSION INTO THE BENEFIT ASSESSMENT PROGRAM OF THE VENTURA COUNTY FLOOD CONTROL DISTRICT AND DETERMINING AN ASSESSMENT FOR THE CITY WHEREAS, Congress in 1987 amended Section 402 of the Federal Clean Water Act (33 U.S.C.A. 1342 (p) to Federal Environmental Protection Agency (EPA) to promulgate regulations for applications for permits for storm water discharges; and WHEREAS, it is anticipated that the City of Simi Valley will be designated as having a population over 100,000 and therefore, is mandated to file a NPDES permit; and WHEREAS, on May 11, 1992, at a conclusion of a public hearing, the City Council of the City of Simi Valley authorized utilization of the Ventura County Flood Control District's Benefit Assessment Program to finance the EPA's Municipal Stormwater Management (MSM) Program for the City of Simi Valley and recommended establishing a Benefit Assessment Unit (BAU) fee of $5.25 for Simi Valley for FY 1992-93; and WHEREAS, the proposed $5.25 assessment by the City per BAU will generate approximately $194,500 for FY 1992-93 which will be utilized to finance a portion of the costs associated with Part I of the MSM Program. NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF SIMI VALLEY DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City of Simi Valley recommends that the Ventura County Flood Control District include the City of Simi Valley in the Ventura County Flood Control District's Benefit Assessment Program and set a $5.25 Assessment fee per BAU to be collected through the Benefit Assessment Program for FY 1992-93 for the City of Simi Valley. U2101.SR/}k ��11 .Q U V01S4 RES. NO.92-76 SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to bk filed in the Office of the City Clerk. PASSED and ADOPTED this22nd day of June, 1992 ATTEST: Ali ife K.'Redondo," GREGORY Assistant City Clerk OF SIMI V LEY, CALIFORNIA APPROVED AS TO FORM: APPROVED AS TO CONTENT: J orr.ance, y Attorney Koester, ty anager Ronald Coons, Director Department of Public works U2101.SR/jk _2- Cj 00185 RES. NO. 92-76 I. Assistant City Clerk of the City of Simi Valley, California, do hereby certify that the foregoing Resolution No. 92-76 was regularly introduced and adopted by the City Council of the City of Simi Valley, California, at a regular meeting thereof held on the 22ndday of June, 1992 by the following vote of the City Council : AYES: Council Members Piper, Mikels, Webb, Mayor Pro Tem Davis, and Mayor Stratton NAYS: None ABSENT: None ABSTAINED: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Simi Valley, California, this 23rd day of June, 1992. A N C TY CLERK OF THE CITT 6F SIMI VALLEY, CALIFORNIA I.FCWBY CERTIFY TYM-"E FOREGOING FS A TRUC AND -CORRE7PY OF THE ORONAL DATZ -Offi pf they lark De uty City Clerk -3- BOARD OF SUPERVISORS, COUNTY OF VENTURA, STATE OF CALIFORNIA TUESDAY, JUNE 30, 1992, AT 10:00 A.K. 239/FC-General/507/510/509/508 ALL MF.14BERS PRESENT FC-Calleguas Creek Upon motion of Supervisor VanderRolk, seconded by Supervisor Lacey, and duly carried, the Board hereby approves the following matter: r.) -1 _ N PUBLIC WORKS AGENCY = Ventura `;M.i AZ Director Coy o Arftlur E.Goulet srt � Representing Ex-offldo: Deputy Directors Ventura County Flood Control District John C. Crowley Ventura County Waterworks Districts Water Resources/Development No. 1,16,17,and 19 Al F. Knuth Lake Sherwood Community Services District Transportation Fox Canyon Groundwater Management Agency R.E. Quinn Engineering Services Paul W. Ruffin Central Services June 30, 1992 Alex Sheydayi Flood Control Board of Supervisors County of Ventura 800 South Victoria Avenue Ventura, California 93009 Subject: IMPLEMENTATION AGREEMENT-CALLEGUAS CREEK WATERSHED MUNICIPAL STORMWATER DISCHARGE PROGRAM NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) RECOMMENDATION 1. Approve the Implementation Agreement. 2. Authorize the Chair to sign on behalf of the County of Ventura. DIgCUSSION: On April 14, 1992, your Board approved the concept of a single county-wide NPDES permit and the use of the District's benefit assessment authority to finance it. At that time your Board was advised that you would be asked to approve the implementation agreement which would identify the responsibilities of the parties to the NPDES permit and set forth the methodology for the use of the benefit assessment financing by the ce,inty and the Cities. On June 9, 1992, when your Board set today as the hearing day for receipt of oral testimony and setting of the assessment amount for the benefit assessment program, you wire notified that the implementation agreement would be submitted for approval prior to the adoption of the resolution confirming the FY 93 assessment. The attached agreement has already been ar.--oved and signed by the Cities of Camarillo, Moorpark, Simi Valle}' and Thousand Oaks. As a separate item on today's agenda, the Floc1 Control District Board of Supervisors will be considering the agreement. 000187 ® L#1600, 800 South Victoria Avenue,Ventura,CA 93009 ] FAX 18051 654-3952 ��PP Board of Supervisors June 30, 1992 Page two The agreement has been reviewed by County Counsel. If you have any question concerning this item, please contact the undersigned at Extension 2040. Very trul yours, Alex Sheydayi Deputy Director of Public Works Flood Control Department AS:ebh Attachment COPIES TO: PWA (2) Auditor Files (8) T�,� 0 Item 33 � .i 6/30/92 rr JUN 15 1992 RESOLUTION NO. 92- 85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMARILLO, DETERMINING AN ASSESSMENT FOR THE CITY PART ONE NPDES STORM WATER AANAGEMENT PROGRAM TO BE RECOMMENDED FOR INCLUSION INTO THE BENEFIT ASSESSMENT PROGRAM OF THE VENTURA COUNTY FLOCD CONTROL DISTRICT WHEREAS, Congress in 1937 amended Section 402 of the Federal Clean Water Act (33 U.S.C.A. 1342(P) } to require the Federal Environmental Protecticn Agency (EPA) to promulgate regulations for applications for permits for storm water discharges; and WHEREAS, these permit regulations will require the control of pollutants from storm water discharges by requiring a National Pollutant Discharge Elimination System (NPDES) permit for the discharge of storm waters into waters of the United States from municipal storm drains; and WHEREAS, the City of Camarillo has determined that it is in the City's best interest to become a part of a regional permit; and WHEREAS, on April 22, 1992 the City Council approved an implementation agreement with other cities, Ventura County and the Ventura County Flood Control District to develop an integrated storm water discharge management program witli the objective of improving water quality in the Calleguas Creek watershed and other watersheds; and WHEREAS, the District's Benefit Assessment Program was identified as a pssible funding source for the NPDES Permit process; and WHEREAS, pursuant to the Implementation Agreement, the District will perform various services on behalf of the City and the other parties to the Implementation Agreement under the NPDES Permit? and WHEREAS, the estimated cost to complete Part 1 of the NPDES Permit is approximately $75,000 for the 22,248 basic assessment units (RAU) in the City of Camarillo resulting in a unit cost of $3.24/BAU, where a basic assessment unit is equivalent to a standard detached single family dwelling; and WHEREAS, the District informs City that under the Implementation Agreement, the District will collect the necessary funding to complete Part 1 of the NPDES Permit process through the Benefit Assessment Program. NOW THEREFORE, THE CITY OF CAMARILLO HEREBY RECOMMENDS THE VENTURA COUNTY FLOOD CONTROL DISTRICT COLLECT THROUGH THE BENEFIT ASSESSMENT PROGRAM THE ESTIMATED $75,000 NECESSARY TO PERFORM THE CITY OF CAMARILLO'S SHARE OF PART 1 OF THE NPDES PERMIT PROCESS PURSUANT TO THE IMPLEMENTATION AGREEMENT. THIS AMOUNT IS TO BE INCLUDED IN THE VENTURA COUNTY FLOOD CONTROL DISTRICT'S TOTAL BENEFIT ASSESSMENT PROGRAM WITHIN THE CITY OF CAMARILLO. PASSED, APPROVED AND ADOPTED, THIS 10th ay f ne, 1992. L ATTEST: C y gzdrk 92-85 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Camarillo at a regular meeting thereof, held on the loth day of June , 1992, by the following vote, to-wit: AYES: Councilmembers: Craven, Gose, Morgan, Smith; Mayor Daily NOES: Councilmembers: None ABSENT: Councilmembers: None it Jerk cc: Director of Community Services Director of Engineering Services Director of Finance res9211/tr I HEREBY CERTIFY THAT THE FOREGOING DOCUMENT IS A FULL, TRUE AND CORRECT COPY OF Resolution No- 92-85 a Resolution of the City Council of the City of Camarillo determining an assessment Por the City Part One NPDES Storm Water Management Pr=ram to be recommended for inclusion into thS Benefit Assessment progrgm of the Ventura County Flood Control District ON FILE IN THE OFFICE OF THE CITY CLERK OF THE CITY OF CAMARILLO, CALIFORNIA. MAR J. T , CITY C ERIC, TY 0 CAMARILLO DATE: ()00:.90 Q7-AS Attachment 3 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR 2007/08 BUDGET BY APPROPRIATING $21,635 FROM GENERAL FUND (1000) FOR AMENDMENT TO IMPLEMENTATION AGREEMENT FOR COUNTYWIDE STORMWATER PROGRAM WHEREAS, on June 20, 2007, the City Council adopted the budget for Fiscal Year 2007/2008; and WHEREAS, on February 6, 2008, the City Council approved the Amendment to the Implementation Agreement for Countywide Stormwater Program; and WHEREAS, Exhibit "A" attached hereto and made a part hereof, describes said budget amendment and its resultant impacts to the budget line items. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That a budget amendment in the aggregate increase of $21,635 as described in Exhibit "A" attached hereto, is hereby approved. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original Resolutions. PASSED AND ADOPTED this 6th day of February, 2008. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk 0001901 Resolution No. 2008- Page 2 EXHIBIT A BUDGET AMENDMENT FOR AMENDMENT TO IMPLEMENTATION AGREEMENT FOR COUNTYWIDE STORMWATER PROGRAM FY 2007108 FUND ALLOCATION FROM: Fund Account Number Amount General Fund 1000-5500 $21,635.00 Total $21,635.00 DISTRIBUTION OF APPROPRIATION TO EXPENSE ACCOUNTS: Account Number Current Budget Revision Amended Budget 1000.8320.0000.9103 $48,500.00 $21,635.00 $70,135.00 Total $48,500.00 $21,635.00 $70,135.00 Approved:-�% aOta�_�2