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HomeMy WebLinkAbout19 - FY 2002-2003 NPDES ProgramITEM 19 TO: Members of the Newport Beach City Council FROM: Dave Kiff, Assistant City Manager SUBJECT: Implementation Agreement for FY 2002 -03 National Pollutant Discharge Elimination System (NPDES) Program RECOMMENDED (1) Authorize Mayor Ridgeway to execute the attached Implementation ACTIONS: Agreement with the County of Orange to administer the countywide NPDES Program. (2) If approved within the FY 2002 -03 CIP, authorize the expenditure of $224,897 to the County of Orange for NPDES Administration expenses per the Implementation Agreement. QUICK SUMMARY Cities are directed to control runoff entering storm drain systems (called AND TERMS: Municipal Separate Storm Sewer Systems or "MS4s ") so that the runoff does not hurt water quality at the end of the pipe. Newport Beach has more than 104 miles of MS4s that enter Newport Bay or the Pacific Ocean at about 212 locations. Newport Bay is water quality- limited, meaning that it has been placed on the federal Clean Water Act`s Section 303(d) List because of excessive sediment, nutrients, fecal coliform, and toxic materials. The Newport Beach Marine Life Refuge Area of Special Biological Significance (ASBS) lies off the coast of Corona del Mar south of Poppy. A 5 -year permit (Municipal Permit) issued by the California Regional Water Quality Control Board, Santa Ana Region (Regional Board) regulates the discharge of runoff out of a city's storm drain system. On January 18, 2002, the Regional Board adopted a new 5-year permit (through 2007) for the City, the County, and 24 other co- permittee cities. The permit tells us how to limit urban runoff, enforce and report violations, educate residents and businesses, and to maintain Permit compliance. To implement the current Permit, cities in Orange County and the County of Orange have agreed to continue a relationship of Lead Permittee (the County) and Co-Permittees (cities). Implementation involves: • Monitoring water bodies for contaminants (County's responsibility). • Reporting on NPDES activities, like meeting attendance, educational programs, and workshops (a Lead- and Co- Permittee responsibility). • A detailed public education program (both) • Development of municipal best management practices, like storm drain cleaning and street sweeping standards (County's responsibility). • Adhering to the municipal BMPs (our responsibility). NPDES Item June 2s, 2002 Page 2 • Enforcing our Water Quality Ordinance (our responsibility). • Inspecting commercial and construction facilities (our responsibility); and • More... The requirements within the new MS4 permits (there are two different permits in Orange County — one for the southern portion and one for the central and northern portion) have caused a significant increase in the amount each co- permittee will contribute to the County's administration effort. This amount is in addition to the dollars each city will spend on municipal practices to keep the storm drains and receiving waters clean. Last year, the City's share of the countywide administration for NPDES was about $36,300. This year it will be $224,897.00 (a 619% increase), an amount budgeted in the proposed FY 2002 -03 CIF. Shares are based on population and square miles. I serve on the Orange County City Managers' Association's Urban Runoff Task Force that has reviewed this administration budget with Vicki Wilson, the director of the County of Orange's Public Facilities and Resources Division (FF&RD). We have talked extensively about how expensive the NPDES Budget has become. I believe that some of the expenses proposed for FY 2002 -03 could be done by task forces of city and county representatives. The County has agreed, but has still determined that their in -house staff resources cannot effectively pull together the material for the task forces. Thus, a significant portion of the FY 2002 -03 expenses involves fees for consultants who will be, in some cases, merely culling existing documents and data from other agencies and the Internet. All that said, I am resigned to the expense and take as sincere the County's insistence that it will allocate its resources such that left over amounts (if any) will be credited to the co- permittees at the end of FY 2002 -03. If the Council approves the Recommended Action, it will authorize Mayor Ridgeway to execute the Implementation Agreement and to pay the County $224,897 upon receipt of an invoice. DETAILED For more detail about NPDES and the new MS4 permit, please see the City's BACKGROUND: website (www.city.newport- beach.ca.us) and search for the staff report of November 11, 2001 relating to NPDES. ATTACHMENT: Attachment A - Implementation Agreement 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AMENDMENT AND RESTATEMENT OF NATIONAL POLLUTANT DISCRARGE E STORMWATER PERMIT IMPLEMENTATION AGREEMENT Agreement D02 -04 SYSTEM This AGREEMENT, for purposes of identification numbered D02 -048, entered into this day of , 2002, by the County of Orange, (herein called the COUNTY), the Orange County Flood Control District (herein called DISTRICT) and the cities of Aliso Viejo, Anaheim, Brea, Buena Park, Costa Mesa, Cypress, Dana Point, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Forest, La Habra, La Palma, Los Alamitos, Mission Viejo, Newport Beach, Orange, Placentia, Rancho Santa Margarita, San Clemente,, San Juan Capistrano, Santa Ana, Seal Beach, Stanton, Tustin, Villa Park, Westminster, and Yorba Linda (herein called CITIES) restates the agreement provisions made previously by the COUNTY, DISTRICT and CITIES with respect to compliance with the National Pollutant Discharge Elimination System (NPDES) municipal stormwater permits issued for Orange County and amends specified provisions to add three additional cities, revises participant share calculations and allows participant share calculations on a countywide and regional basis. The COUNTY, DISTRICT and CITIES may be referred to collectively as PERMITTEES or individually as a PERMITTEE in this AGREEMENT. _ RECITALS WHEREAS, Congress in 1987 through the Water Quality Act (herein called WQA) amended Section 402 of the Federal Clean Water Act (33 U.S.C.A. 1342(p)) to require the federal Environmental Protection Agency to promulgate regulations for applications for permits for stormwater discharges; and 1 5 31-02 Final 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Agreement D02- WHEREAS, these permit regulations will require the control of pollutants from Istormwater discharges by requiring a National Pollutant Discharge Elimination System permit which would allow the lawful discharge of stormwaters into waters of the United States; and WHEREAS, these EPA regulations require NPDES permits for discharges from municipal storm sewers on a system -wide or jurisdiction -wide basis; and WHEREAS, the Legislature, in enacting the Orange County Flood Control Act, (created the Orange County Flood Control 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, use of water, water quality, nuisance, pollution, waste, and contamination of water, both within and without the DISTRICT; and WHEREAS, the COUNTY, the DISTRICT and the CITIES desire to develop an integrated stormwater discharge management program with the objective of. improving water quality in the County of Orange; and WHEREAS, the California State Water Resources Control Board (CSWRCB) as des Hof the EPA has delegated authority to the Regional Water Quality Control Boards -Santa Ana Region (RWQCB -SAR) and San Diego Region (RWQCB- SDR)(collectively, the RWQCBS) for administration of the NPDES stormwater permit application process within the boundaries of their Regions; and WHEREAS, the COUNTY, DISTRICT and CITIES have been designated as PERMITTEES by the RWQCBS; and WHEREAS, the COUNTY has been designated as the•Principal PERMITTEE on the permits; and 2 531-02 Final 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Agreement D02- WHEREAS, cooperation between the CITIES, the COUNTY and the DISTRICT to jointly file applications for NPDES Stormwater permits and implement common programs, to the extent feasible, is in the best interests of the CITIES, the COUNTY and the District; hand WHEREAS, the COUNTY is willing to share the expertise of its staff with the CITIES so that they can join in seeking and implementing certain requirements of the JNPDES Stormwater permits; and WHEREAS, the PERMITTEES approved a Stormwater Permit Implementation Agreement memorialize program cooperation based on the above recitals on December 18, 1990 was subsequently amended on October 26, 1993 by Amendment No. 1 (the December 18, 1990 Agreement as Amended by Amendment No. 1 will be referred to collectively hereinafter las the ORIGINAL AGREEMENT); and WHEREAS, Section X of the ORIGINAL AGREEMENT provided that the ORIGINAL AGREEMENT may be amended by consent of a majority of the PERMITTEES which represent a majority of the percentage contributions as described in Section IV of the ORIGINAL AGREEMENT; and WHEREAS, Section VI of the ORIGINAL AGREEMENT states that any city which becomes signatory to this ORIGINAL AGREEMENT after the applications for the initial NPDES stormwater permits have been approved shall comply with all of the provisions of the ORIGINAL AGREEMENT; and, WHEREAS, pursuant to Sections VI and X of the ORIGINAL AGREEMENT, the PERMITTEESI approved Amendment No. 1 to the ORIGINAL AGREEMENT (herein called AMENDMENT NO. 1) on October 26, 1993 to add two newly incorporated cities, provide participant share calculations based on thirty -three PERMITTEES and establish a Technical Advisory Committee; and WHEREAS, the PERMITTEES now desire to restate those provisions in the ORIGINAL AGREEMENT that remain unchanged and amend specified provisions to add three additional 3 5-31 -02 Final �t i Agreement D02 -048 1 cities, revise participant share calculations and allow participant share calculations 2 on a countywide and regional basis. 3 NOW THEREFORE: The PERMITTEES hereto do mutually agree to add the cities of 4 Aliso Viejo, Laguna Woods and Rancho Santa Margarita as PERMITTEES under this 5 AGREEMENT, to restate those provisions in the ORIGINAL AGREEMENT that remain unchanged 6 and amend Sections II, III.A., III.B., III.C., IV, VIII, IX, XI and XV in their 7 entirety as follows: $ I. FILING STATUS g The COUNTY, DISTRICT and CITIES will file the applications for stormwater 10 permits as PERMITTEES. The COUNTY, the DISTRICT and each individual City 11 will be a PERMITTEE. 12 II. INCORPORATION OF FEDERAL GUIDELINES 13 The terms of all applicable Federal and State water quality regulations 14 and guidelines under the Clean Water Act and Water Quality Act, as 15 presently written or as changed during the life of this agreement are 16 hereby incorporated by reference and made a part of this AGREEMENT and 17. take precedence over any inconsistent terms of this AGREEEMENT. 18 III. DELEGATION OF RESPONSIBILITIES 19 The responsibilities of each of the parties shall be as follows: 20 A. The COUNTY, on a cost - shared basis, shall administer system 21 compliance by: 22 1. Preparing implementation and annual operating budgets. The 23 budget year shall coincide with the fiscal year of the COUNTY, 24 July 1 - June 30. 25 a. The participants shall be permitted to review and 26 approve the annual operating budget and work plan for the forthcoming year. Criteria for approval shall be 4 5 -31-02 Fkwl Agreement D02 -048 1 affirmative responses from a majority of the PERMITTEES 2 which represent a majority of the percentage 3 contribution as described in Section IV. The COUNTY and 4 the DISTRICT will represent one voting PERMITTEE with 5 their percentage contribution equal to the total of the 6 COUNTY and the DISTRICT as described in Section IV. The 7 review period shall be from January 1 to January 31 of 8 each year with approval of the final budget to be 9 completed by February 15. 10 b. The annual operating budget shall not be exceeded 11 without prior consent of the majority of the PERMITTEES 12 which represent a majority of the percentage 13 contribution. 14 2. Consulting with the city managers and any committees 15 established by the city managers when preparing budgets and 16 major program elements. 17 3. Preparing compliance reports to the Regional Board and 18 providing copies to the PERMITTEES. 19 4. Preparing a model system -wide Beat Management Practices (BMP) 20 Program report. 21 S. Monitoring the implementation and ensuring the effectiveness 22 of system -wide BMPS. This will include field reconnaissance to 23 evaluate structural and procedural BMPS. An annual report to 24 the RWQCBS will be prepared presenting the results of these 25 evaluations. 26 6. The COUNTY as Principal PERMITTEE may retain the services of professional consultants and may fund, or contribute to 5 531 -02 Final Agreement D02 -048 1 funding technical and /or economic studies conducted by. 2 professional organizations such as the American Public Works 3 Association 4 B. The DISTRICT shall, to the maximum extent practicable, and on a 5 cost - shared basis except as set forth in subparagraph 4 below: 6 1. Perform the water quality and hydrographic monitoring for 7 permit compliance. 6 2. Administer the water pollution control program by enforcing g the Orange County Water Quality Ordinance. 10 3. Develop uniform criteria for annual inspection of drainage 11 facilities. 12 4. Perform inspections, at no cost to the CITIES or the COUNTY, 13 on those facilities owned by the DISTRICT and on municipal 14 separate storm sewers in unincorporated County. Contracts for 15 such inspections within CITIES may be undertaken at the sole 16 expense of the requesting city. 17 C. The CITIES shall, to the maximum extent practicable, and at no cost 18 to COUNTY or DISTRICT: 19 1. Implement a facility inspection program in accordance with the 20 uniform criteria developed by the DISTRICT -, for all municipal 21 separate storm sewers as defined by the stormwater permit and 22 within the jurisdictional boundaries of that city. 23 2. Submit to the COUNTY stormwater drain maps with periodic 24 revisions which reflect the modifications that were made to 25 the storm drain system. 26 3. Prepare watershed characterizations, including: a. zoning designations, and 6 5.31 -02 Final Agreement D02 -04E 1 b. Identification of areas where hazardous materials 2 presently are or are suspected to have been stored, 3 manufactured, or disposed. This shall include sites at 4 which a hazardous material spill has occurred. 5 4. Review, approve, and implement system -wide BMPS. 6 S. Eliminate, or have eliminated, illegal /illicit connections to 7 the storm drain system. 6 6. Identify the legal authority for control of discharges to the g storm drain system. 10 7. Provide to the COUNTY annual reports (on forms provided by the 11 COUNTY) and any other information needed to satisfy annual 12 reporting requirements of the RWQCBS. 13 B. Adopt and enforce, or name DISTRICT as enforcer of a water 14 pollution control ordinance, which prohibits non -NPDES 15 permitted discharges to the municipal separate storm sewer 16 system. 17 D. The COUNTY shall, to the maximum extent practicable and at no cost 16 to the CITIES or the DISTRICT, undertake in the unincorporated areas 19 of the COUNTY all activities required above of the CITIES that are 20 not responsibilities of the DISTRICT as outlined in Section III. B. 21 E. The PERMITTEES hereby establish a Technical Advisory Committee 22 (herein called COMMITTEE) consisting of five members chosen by the 23 Orange County City Engineers Association, and one member 24 representing the COUNTY. The COMMITTEE shall prepare by -laws for the 25 Technical Advisory Committee and submit same to PERMITTEES for 26 approval. The COMMITTEE will act in an advisory role to the 7 5-31 -02 Final I Nil 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Agreement D02- PERMITTEES and implement policy previously established by the PERMITTEES. IV. PROGRAM COSTS The responsibilities for payment of all shared costs of equipment, services, contracted analytical services, and the cost of the .Regional Board permits, shall be distributed among the COUNTY, DISTRICT, and CITIES as follows: Participants Percentage Contribution DISTRICT 10 CITIES + COUNTY 90 The individual percentage contributions from each city and the COUNTY shall be functions of their respective areas and population relative to those of the entire County. Each area shall be calculated as one half of the sum of the area and population fractions, multiplied by 90 %. Excluded are national forests, state parks, airports, landfills, oceans, harbors, tidal bays and military installations (Exhibit A- 1).The contribution of the COUNTY shall be calculated from unincorporated areas and their respective populations. Share in percent for City #1 = { (Xi /Xcoc) + (Y1 /Ycoc) ) /2 x (90) X = area Y = population tot = total population or area 90 = total percentage excluding Flood Control District contribution 8 5-31 -02 Final Agreement D02 -041 1 The percentage share shall be calculated by the COUNTY Public Facilities 2 and Resources Department Environmental Resources Section from population 3 and area data. These calculations shall be completed by January 1 of each 4 year and shall be included in the annual budget proposal. The annual 5 budget proposal shall be recomputed for the thirty -six PERMITTEES based on 6 the following percentage share computation methods: 7 A. Countywide costs as provided in Exhibit B -1. 8 B. Regional costs specific to only one RWQCB permit as provided in g Exhibits B -2A and B -2B. 10 C. In the event of a regulatory directive issued to PERMITTEES, the COUNTY 11 shall provide immediate notice to the affected PERMITTEES and meet and 12 confer with them with respect to responding to the directive and 13 funding the immediate response. 14 15 Amended calculations and computation method for fiscal year 2002 -03 are 16 provided in Exhibits B -1, B -2A and B -2B, which are made a part hereof. 17 18 If at any time during a given fiscal year the program costs exceed the sum 19 of the deposits, the COUNTY shall submit invoices to the CITIES to recover 20 the deficit, following the approval process described in Section 21 III.A.i.b. above. The share for each city shall be prorated according to 22 the formula above. Each city shall pay the invoice within 45 days of the 23 billing date. 24 25 The COUNTY shall prepare a fiscal year end accounting within 60 days of 26 the end of the fiscal year. If the fiscal year end accounting results in costs (net of interest earnings) exceeding the sum of the deposits, the 9 5.31 -02 Rnal lk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Agreement D02 -04 COUNTY shall invoice each city for its prorated share of the excess cost. Each city shall pay the billing within 45 days of the date of the invoice. If the fiscal year end accounting results in the sum of the deposits exceeding costs (net of interest earnings), the excess deposits will carry forward to reduce the billings for the following year. The COUNTY shall invoice each city for its annual deposit at the beginn (July 1) of each fiscal year. Each city shall pay the deposit within 45 days of the date of the invoice. Each city's deposit shall be based on their prorated share of the approved annual budget, reduced for any surplus identified in the prior fiscal year end accounting. Interest earned on the CITIES' deposits will not be paid to the CITIES, but will be credited against the CITIES' share of the program costs. upon termination of the program a final accounting shall be performed by the COUNTY. If costs (net of interest earnings) exceed the sum of the deposits, the COUNTY shall invoice each city for its prorated share of the excess. Each city shall pay the invoice within 45 days of the date of the invoice. If the sum of the deposits exceeds the costs, the COUNTY shall reimburse to each city its prorated share of the excess, within 45 days of the final accounting. Interest earnings are used to offset the CITIES' share of program costs and will not be refunded to the CITIES. Each city and the COUNTY shall bear the financial responsibility for implementing the Program, within its jurisdictional boundaries, as outlined in section III. C. and D. 10 5.31-02 Final 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Agreement D02 -04 V. LIFE OF THE AGREEMENT The life of the AGREEMENT shall be indefinite or as long as the WQA mandates compliance. VI. ADDITIONAL PARTIES Any city which becomes signatory to this AGREEMENT after the applications for the initial NPDES stormwater permits have been approved and any city which becomes incorporated shall become a PERMITTEE on the NPDES stormwater permit issued by its respective RWQCB and shall comply with all of the provisions of this AGREEMENT. The date of initiation, for determining participant costs for newly incorporated CITIES shall be the date of incorporation, and for a city signing after NPDES stormwater permit approval it shall be the date of the initial application for the NPDES Stormwater permit. The costs for adding the additional parties to the program, including additional permit and processing fees, shall be paid by the added party. Monies to be reimbursed to the existing PERMITTEES shall be credited to their respective annual program operating fees for the following budget year. VII. WITHDRAWAL FROM THE AGREEMENT A participant may withdraw from the AGREEMENT 60 days subsequent to written notice to the COUNTY. The COUNTY will notify the remaining PERMITTEES within 10 business days of receipt of the withdrawal notice. The withdrawing participant shall agree to file for a separate permit and to comply with all of the requirements established by the RWQCB(s). In addition, withdrawal shall constitute forfeiture of the withdrawing participant's deposit for the budget year of withdrawal. The withdrawing participant shall be responsible for all lawfully assessed penalties as a 11 531-02 Final I\ Agreement D02 -04 1 consequence of withdrawal. The cost allocations to the remaining members 2 will be recalculated in the following budget year. 3 VIII. NON - COMPLIANCE WITH PERMIT REQUIREMENTS 4 Any PERMITTEE found in non - compliance with the conditions of the permit 5 within their jurisdictional responsibilities shall be solely liable for 6 any lawfully assessed penalties, pursuant to Section 13385 of the Water 7 Code and the Federal Clean Water Act. Common penalties shall be calculated 6 according to the formula outlined in Section IV. g IX. LEGAL ACTION/ COSTS/ ATTORNEY FEES 10 Where any legal action is necessary to enforce any provision hereof for 11 damages by reason of an alleged breach of any provisions of this 12 AGREEMENT, the prevailing party shall be entitled to receive from the 13 losing party all litigation and collection expenses, administrative costs, 14 witness fees and court costs including reasonable attorneys fees. 15 X. AMENDMENTS TO THE AGREEMENT - 16 This AGREEMENT may be amended by consent of a majority of the PERMITTEES 17 which represent a majority of the percentage contributions as described in 16 Section IV. The COUNTY and the DISTRICT will represent one voting 19 PERMITTEE with a percentage contribution equal to the sum of the 20 individual contributions of the COUNTY and DISTRICT as described in 21 Section IV. No amendment to this AGREEMENT shall beeffective - unless it is 22 in writing and signed by the duly authorized representatives of the 23 majority of PERMITTEES. - - - 24 XI. AUTHORIZED SIGNATORIES 25 The County Director of the Public Facilities and Resources Department and 26 the respective City Managers, shall be authorized to execute the application(s) for NPDES municipal stormwater permit(s) and take all other 12 531.02 Final l im 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Agreement D02-04F procedural steps necessary to file the application(s) for NPDES municipal stormwater permit(s). XII. NOTICES All notices shall be deemed duly given if delivered by hand; or three (3) days after deposit in the U.S. Mail, postage prepaid. XIII. GOVERNING LAW This AGREEMENT will be governed and construed in accordance with laws of the State of California. If any provision or provisions of this AGREEMENT .shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not any way be affected or impaired hereby. XIV. 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 PERMITTEE to have waived or consented. Any consent by any PERMITTEE to, or waiver of, a breach by the other, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any other different or subsequent breach. Xv. APPLICABILITY OF PRIOR AGREEMENTS This document restates and amends the provisions in prior agreements and constitutes the entire AGREEMENT between the PERMITTEES with respect to the subject matter; all prior agreements, representations, statements, negotiations and undertakings are superseded hereby. XVI. EXECUTION OF THE AGREEMENT. This AGREEMENT may be executed in counterparts and the signed counterparts shall constitute a single instrument. 13 5-31 -02 Final `c WERIBIT A - 1 LAND AREA DEDUCTED FROM Landfills Area Bg miles Jurisdiction Olinda 0.89 County Santiago 0.25 - County Prima Descheca 2.34 County Bee Canyon 1.13 County Coyote Canyon 1.09 County State Parks Alamitos State Beach 0.002 Seal Beach Bolsa Chica State Beach 0.27 Huntington Beach Chino Hills State Park 4.09 County - Corona Del Mar State Beach 0.05 Newport Beach Crystal Cove State Park - 6.30 _ County Doheney State Beach 0.40 Dana Point Huntington State Beach 0.20 Huntington Beach San Clemente State Beach - 0.18 San Clemente Airports Fullerton 0.11 Fullerton John Wayne 0.7B County Military facilities MCAS Tustin 2.40 - Tustin - MCAS El Toro 6.25 _ County LOS Alamitos Armed Svs. Center 2.07 - Los Alamitos Seal Beach Weapons Station 2.17 Seal Beach National Forests Cleveland National Forest 86.75 County 49 xv EXHIBIT S -1 Cost Sharing For Region Speck Elements NPDES Permittee Shares of Revenue Fiscal Year 2002/2003 Permittee Population' Area (sq. mi.) ° WetgMa Average Share of Revenue Ya) Budget Share FY 2002,2003 Aliso Viejo` 40,166 7.15 1.168548686 $70,114 Anaheim 336,300 49.761 9.005630974 $540,344 Brea 36,100 10.954 1.399038534 $83,943 Buena Park 80,100 10.064 2.007224432 $120,435 Costa Mesa 110,900 15.480 2.898146677 $173,891 Cypress 47,150 6.925 1.258634332 $75,519 Dana Point 35,800 6.440 1.046705013 $62,803 Fountain Valley 55,900 9.553 1.595652357 $95,740 Fullerton 129200 22.536 3.723143526 $223,391 Garden Grove 169,200 17.900 3.981247954 $238,877 Huntington Beach 193,700 27283 5.080856025 $304,855 Irvine 150,100 46.148 5.863400245 $351,811 La Habra 60,800 7.313 1.498466857 $89,909 La Palma 15,700 2.014 0.396615551 $23,797 Laguna Beach 24,150 7.820 0.973824935 $58,430 Laguna Hills 33,900 6.626 1.031809811 $61,909 Laguna Niguel 63200 15.003 2.127750971 $127,666 Laguna Woods"' 16,750 3.050 0.492569562 $29,554 Lake Forest 76,700 16.795 2.473428382 $146,407 Los Alamitos 11,750 4.256 0.508566627 $30,514 Mission Viejo 96,600 17.427 2.828184924 $169,693 Newport Beach 72,000 27.740 3.244247595 $194,657 Orange 132,800 23.329 3.839599305 $230,378 Placentia 47,600 6.606 1240082586 $74,460 Rancho Santa Margarita- 48,350 13.080 1.751218729 $105,074 San Clemente 52,500 17.697 2.170701556 $130243 San Juan Capistrano 34,600 14.054 1.614764803 $96,867 Santa Ana 348,100 27.349 7.460695499 $447,646 Seal Beach 24,500 10.660 1.197977061 $71,879 Stanton 38,300 3.131 0.830259739 $49,816 Tustin 69,200 10.992 1.911061605 $114,665 Villa Park 6,125 2.088 0.255047196 $15,303 Westminster 89,900 10.190 2.167659672 $130,061 Yorba Linda 60,000 19.918 2.45714216 $147,430 County of Orange 117,634 85.846 8.499136117 $509,953 OCFCD 0 0.000 10 $600,006 TOTALS 2,926,776 584.1T8 100A0000 $6,000A6'3 Source: State of California, Department of Finance, E1 City/County Population Estimates with Annual Percent Change January 1, 2000 and 2001, Sacramento, California, May 2001. Source: Public Facilities and Resources Department - Geomatics. Area was calculated in miles using the dry land area figures and subtracting areas in each jurisdiction for national forests, state parks, airports, landfills and military installations as determined in the NPDES Implementation Agreement. "' Source: County of Orange will cover the program costs until the cities are added onto the Implementation Agreement. 1II EXHIBIT B - 2A Santa Ana Region Water Quality Monitoring Element Cost Sharing NPDES Pennittee Shares of Revenue Fiscal Year 200212003 Permittee Population Area (sq. mi.)" Weighted Average Share of Revenue (% ) Budget Share FY 2002 -2003 Anaheim 336,300 49.761 11.50900704 $81,714 Brea 36,100 10.954 1.825103021 $12,958 - Buena Park 80,100 10.064 2.553351287 $18,129 Costa Mesa 110,900 15.480 3.69761647 $26,253 Cypress 47,150 6.925 1.608166546 $11,418 Fountain Valley 55,900 9.553 2.047696569 $14,539 Fullerton 129,20D 22.536 4.780735697 $33,943 Garden Grove 169,200 17.900 5.040702925 $35,789 Huntington Beach 193,700 27.283 6.484102882 $46,037 Irvine - 150,100 46.148 7.651879999 .$54,328 La Habra 60,800 7.313 1.903863349 $13,517 La Palma 15,700 2.014 0.504619924 $3,584 Laguna Hills (1777% in BAR) 6,024 1.177 0.236215028 $1,677 Laguna Woods"' (51.97% in BAR) 8,705 1.585 0.329114592 $2,337 Lake Forest (68.68% in BAR) 52,678 11.535 2.195733065 $15,590 Los Alamitos 11,750 4.256 0.666605749 $4,733. Newport Beach 72,000 27.740 4.259213593 $30,240 Orange 132,800 23.329 4.931287367 $35,012 Placentia 47,600 6.606 1.583054937 .$11,240 Santa Ana 348,100 27.349 9.374656128 $66,560 Seal Beach 24,500 10.660 1.577568779 $11,201 Stanton 38,300 3.131 1.044262359 $7,414 Tustin 69,200 10.992 2.447280658 $17,376 Villa Park 6,125 2.088 0.333769321 $2,370 Westminster 89,900 10.190 2.749617183 $19,522 Yorba Linda 60,000 19.918 3.213274703 $22,814 County of Orange (48.15% in BAR) 56,641 41.816 5.451300812 $38,704 OCFCD 0 0.000 10 $71,000 TOTALS 2,409,472 428.304 100.00000 $710,000 Source: State of California, Department of Finance, 61 City/County Population Estimates with Annual Percent Change, January 1, 2000 and 2001, Sacramento, California, May 2001. Source: Public Facilities and Resources Department - Geomatcs. Area was calculated in miles using the dry land area figures and subtracting areas in each jurisdiction for national forests, state parks, airports, landfills and military installations as determined in the NPDES stormwater Implementation Agreement. "• Source: County of Orange will cover the program costs until the cites are added onto the Implementation Agreement. lq EXHIBIT B - 2B San Diego Region Water Quality Monitoring Element Costs Sharing NPDES Permittee Shares of Revenue Fiscal Year 200212003 Permlitee Population • Area (sq. mL) " Weighted Average Share of Revenue ( %) Budget Share FY 2002 -2003 Aliso Viejo••• 40,166 7.15 5.564958394 $70,675 Dana Point 35,800 6.440 4.979452958 $63,239 Laguna Beach 24,150 7.820 4.362458062 $55,403 Laguna Hills (82.23% in SDR) 27,876 5.449 4.002565974 $50,833 Laguna Niguel 63,200 15.003 9.839674834 $124,964 Laguna Woods' (48.03% in SDR) 8,045 1.465 1.12410208 $14,276 Lake Forest (31.32% in SDR) 24,022 5.26D 3.612339217 $45,877 Mission Viejo 96,600 17.427 13.45055257 $170,622 Rancho Santa Margarita•'• 48,350 13.080 7.990217078 $101,476 San Clemente 52,500 17.697 9.684824286 $122,997 San Juan Capistrano 34,600 14.054 7.072980193 $891'827 County of Orange (51.85% in SDR) 60,993 45.030 18.31585436 $232,611 OCFCD 0 0.000 10 $127,000 TOTALS 516,303 155.874 t00 $1,270,OD0 Source: State of California, Department of Finance, E-1 City/County Population Estimates with Annual Percent Change, January 1, 2000 and 2001, Sacramento, California, May 2001. — Source: Public Facilities and Resources Department - Geomatice. Area was calculated in miles using the dry land area figures and subtracting areas in each jurisdiction for national forests, state parks, airports, landfills and military installations as determined in the NPDES stormwater Implementation Agreement ••• Source: County of Orange will cover the program costs until the cities are added onto the Implementation Agreement �c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CITY OF NEWPORT BEACH Date: ATTEST: City Clerk 2002 By: Mayor APPROVED AS TO FORM: City Attorney 36 Agreement D02-04 5 -31-02 Final