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HomeMy WebLinkAbout03 AMEND. NPDES AG 07-01-02AGENDA REPORT NO. 03 07-01-02 MEETING DATE: JULY 1, 2002 400-70 TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION APPROVAL OF AMENDMENT AND RESTATEMENT OF NPDES IMPLEMENTATION AGREEMENT NO. D02-048 SUMMARY The Santa Ana Region National Pollutant Discharge Elimination System (NPDES) Stormwater Permit requires all permittees to revise the existing Implementation Agreement by July 1, 2002. The existing Implementation Agreement, approved December 18, 1990, is a multi-agency agreement that identifies the roles of participating cities, the County of Orange, and the Orange County Flood Control District. It also provides a cost sharing formula for funding the implementation of the NDPES permit. The revision is necessary to include three (3) additional cities and incorporate the revised cost sharing formula. RECOMMENDATION It is recommended that the City Council approve the Amendment and Restatement of NPDES Implementation Agreement No. D02-048 with the participating Orange County cities, the County of Orange, and the Orange County Flood Control District, and authorize execution of the agreement by the Mayor and City Clerk on behalf of the City. FISCAL IMPACT The agreement requires the City to pay the amount of $132,041 for its portion of the Fiscal Year 2002/2003 costs associated with the NPDES program administered by the County of Orange. These costs include County staff and supplemental consultant staff time spent on managing and developing work products for each of the major category requirements of the permit. This fee is determined for each participating city based upon its area and population. The proposed Fiscal Year 2002/2003 NPDES Operating Budget (01-402-6222) includes funding for this fee. BACKGROUND AND DISCUSSION The NPDES Stormwater Permit Implementation Agreement delegates the responsibilities between the County and cities for compliance with the Santa Ana Region NPDES Stormwater Permit. Currently, thirty-three (33) cities, the County of Orange, and the Orange County Flood Control District share the responsibilities mandated by the NPDES stormwater permit. However, Implementation Agreement No. D02-048 will allow the addition of the cities of Aliso Viejo, Laguna Woods, and Rancho Santa Margarita in addition to incorporating the revised shared cost formula based on the new total of thirty-six (36) permittee cities and two county agencies. The revised cost sharing formula is based upon the weighted average of the population and land area in each respective city, with the Orange County FloodControl District funding 10% of the total cost. The participating costs for each city are also adjusted for regional costs specific to the Santa Ana and San Diego Region NPDES Permits. Amendment and Restatement of NPDES Implementation Agreement No. D02-048 July 1, 2002 Page 2 The agreement has been reviewed and approved as to form by the City Attorney. Tim D. Serlet Director of Public Works/City Engineer TDS:DRK:ccg:Amendment & Restatement of NPDES Imp Agmt.doc Engineering Services Manager Attachment: Amendment and Restatement of NPDES Stormwater Permit Implementation Agreement No. D02-048 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Agreement D02-048 AMENDMENT AND RESTATEMENT OF NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM STORMWATER PERMIT IMPLEMENTATION AGREEHENT 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 I 5-31-02 Final 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Agreement D02-048I WHEREAS, these permit regulations will require the control of pollutants from stormwater 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 designee of the EPA has delegated authority to the Regional Water Quality Control Boards-Santa Aha 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 ~31~2Fi~1 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Agreement D02-048 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; and 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 NPDES Stormwater permits; and WHEREAS, the PERMITTEES approved a Stormwater Permit Implementation Agreement to memorialize program cooperation based on the above recitals on December 18, 1990 which 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 as 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 PERMITTEES 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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Agreement D02-048 cities, revise participant share calculations and allow participant share calculations on a countywide and regional basis. NOW THEREFORE: The PERMITTEES hereto do mutually agree to add the cities of Aliso Viejo, Laguna Woods and Rancho Santa Margarita as PERMITTEES under this AGREEMENT, to restate those provisions in the ORIGINAL AGREEMENT that remain unchanged and amend Sections II, III.A., III.B., III.C., IV, VIII, IX, XI and XV in their entirety as follows: I. FILING STATUS The COUNTY, DISTRICT and CITIES will file the applications for stormwater permits as PERMITTEES. The COUNTY, the DISTRICT and each individual City will be a PERMITTEE. II. INCORPORATION OF FEDERAL GUIDELINES The terms of all applicable Federal and State water quality regulations and guidelines under the Clean Water Act and Water Quality Act, 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 AGREEEMEATT. III. DELEGATION OF RESPONSIBILITIES The responsibilities of each of the parties shall be as follows: a. The COUATTY, on a cost-shared basis, shall administer system compliance by: 1 · Preparing implementation and annual operating budgets. The budget year shall coincide with the fiscal year of the COUNTY, July 1 - June 30. a. The participants shall be permitted to review and approve the annual operating budget and work plan for the forthcoming year. Criteria for approval shall be 4 ~31~2Final 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2 . 3 . 4 . 5 . 6 . Agreement D02-048 affirmative responses from a majority of the PERMITTEES which represent a majority of the percentage contribution as described in Section IV. The COUNTY and the DISTRICT will represent one voting PERMITTEE with their percentage contribution equal to the total of the COUNTY and the DISTRICT as described in Section IV. The review period shall be from January 1 to January 31 of each year with approval of the final budget to be completed by February 15. b. The annual operating budget shall not be exceeded without prior consent of the majority of the PERMITTEES which represent a majority of the percentage contribution. Consulting with the city managers and any committees established by the city managers when preparing budgets and major program elements. Preparing compliance reports to the Regional Board and providing copies to the PERMITTEES. Preparing a model system-wide Best Management Practices (BMP) Program report. Monitoring the implementation and ensuring the effectiveness of system-wide BMPs. This will include field reconnaissance to evaluate structural and procedural BMPs. An annual report to the RWQCBs will be prepared presenting the results of these evaluations. The COUNTY as Principal PERMITTEE may retain the services of professional consultants and may fund, or contribute to 5 ~31~2Final 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 B · C. Agreement D02-0481 funding technical and/or economic studies conducted by professional organizations such as the American Public Works Association The DISTRICT shall, to the maximum extent practicable, and on a cost-shared basis except as set forth in subparagraph 4 below: 1. Perform the water quality and hydrographic monitoring for permit compliance. 2. Administer the water pollution control program by enforcing the Orange County Water Quality Ordinance. 3. Develop uniform criteria for annual inspection of drainage facilities. 4. Perform inspections, at no cost to the CITIES or the COUNTY, on those facilities owned by the DISTRICT and on municipal separate storm sewers in unincorporated County. Contracts for such inspections within CITIES may be undertaken at the sole expense of the requesting city. The CITIES shall, to the maximum extent practicable, and at no cost to COUNTY or DISTRICT: 1. Implement a facility inspection program in accordance with the uniform criteria developed by the DISTRICT, for all municipal separate storm sewers as defined by the stormwater permit and within the jurisdictional boundaries of that city. 2. Submit to the COUNTY stormwater drain maps with periodic revisions which reflect the modifications that were made to the storm drain system. 3. Prepare watershed characterizations, including: a. Zoning designations, and 6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 D. E. Agreement D02-048 b. Identification of areas where hazardous materials presently are or are suspected to have been stored, manufactured, or disposed. This shall include sites at which a hazardous material spill has occurred. 4. Review, approve, and implement system-wide BMPs. 5. Eliminate, or have eliminated, illegal/illicit connections to the storm drain system. 6. Identify the legal authority for control of discharges to the storm drain system. 7. Provide to the COUNTY annual reports (on forms provided by the COUNTY) and any other information needed to satisfy annual reporting requirements of the RWQCBs. 8. Adopt and enforce, or name DISTRICT as enforcer of a water pollution control ordinance, which prohibits non-NPDES permitted discharges to the municipal separate storm sewer system. The COUNTY shall, to the maximum extent practicable and at no cost to the CITIES or the DISTRICT, undertake in the unincorporated areas of the COUNTY all activities required above of the CITIES that are not responsibilities of the DISTRICT as outlined in Section III. B. The PERMITTEES hereby establish a Technical Advisory Committee (herein called COMMITTEE) consisting of five members chosen by the Orange County City Engineers Association, and one member representing the COUNTY. The COMMITTEE shall prepare by-laws for the Technical Advisory Committee and submit same to PERMITTEES for approval. The COMMITTEE will act in an advisory role to the 7 5-31-02 Final 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 IV. Agreement D02-048 PERMITTEES and implement policy previously established by the PERMITTEES. 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 9O 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-l). The contribution of the COUNTY shall be calculated from unincorporated areas and their respective populations. Share in percent for City #1 = {(Xl/Xtot) + (Y~/Y=ot)}/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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Agreement D02-048i The percentage share shall be calculated by the COUNTY Public Facilities and Resources Department Environmental Resources Section from population and area data. These calculations shall be completed by January 1 of each year and shall be included in the annual budget proposal. The annual budget proposal shall be recomputed for the thirty-six PERMITTEES based on the following percentage share computation methods: A. Countywide costs as provided in Exhibit B-1. B. Regional costs specific to only one RWQCB permit as provided in Exhibits B-2A and B-2B. C. In the event of a regulatory directive issued to PERMITTEES, the COUNTY shall provide immediate notice to the affected PERMITTEES and meet and confer with them with respect to responding to the directive and funding the immediate response. Amended calculations and computation method for fiscal year 2002-03 are provided in Exhibits B-I, B-2A and B-2B, which are made a part hereof. If at any time during a given fiscal year the program costs exceed the sum of the deposits, the COUNTY shall submit invoices to the CITIES to recover the deficit, following the approval process described in Section III.A.l.b. above. The share for each city shall be prorated according to the formula above. Each city shall pay the invoice within 45 days of the billing date. The COUNTY shall prepare a fiscal year end accounting within 60 days of 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 ~31~2Fi~1 "1" ' - 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Agreement D02-048 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 beginning (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 5he 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 l0 12 15 18 20 21 22 23 24 25 26 Agreement D02-048 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 ~arsicipant's deposit for the budget year of withdrawal. The withdrawing participant shall be responsible for all lawfully assessed penalties as a 11 ~31~2Final 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Agreement D02-048 consequence of withdrawal. The cost allocations to the remaining members will be recalculated in the following budget year. VIII. NON-COMPLIANCE WITH PERMIT REQUIREMENTS Any PERMITTEE found in non-compliance with the conditions of the permit within their jurisdictional responsibilities shall be solely liable for any lawfully assessed penalties, pursuant to Section 13385 of the Water Code and the Federal Clean Water Act. Common penalties shall be calculated according to the formula outlined in Section IV. IX. LEGAL ACTION/ COSTS/ ATTORNEY FEES where any legal action is necessary to enforce any provision hereof for damages by reason of an alleged breach of any provisions of this AGREEMENT, the prevailing party shall be entitled to receive from the losing party all litigation and collection expenses, administrative costs, witness fees and court costs including reasonable attorneys fees. x. AMENDMENTS TO THE AGREEMENT This 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. The COUNTY and the DISTRICT will represent one voting PERMITTEE with a percentage contribution equal to the sum of the individual contributions of the COUNTY and DISTRICT as described in Section IV. No amendment to this AGREEMENT shall be effective unless it is in writing and signed by the duly authorized representatives of the majority of PERMITTEES. XI. AUTHORIZED SIGNATORIES The County Director of the Public Facilities and Resources Department and the respective City Managers, shall be authorized to execute the application(s) for NPDES municipal stormwater permit(s) and take all other 12 ~31~2Final 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Agreement D02-048 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. 5-31-02 Final 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CITY OF TUSTIN Date: ATTEST: City Clerk , 2O02 Agreement D02-041 By: Mayor APPROVED AS TO FORM: 4 5 5-31-02 Final EXHIBIT A - 1 LAND AREA DEDUCTED FROM JURISDICTIONS Landfills Area sq miles Jurisdiction Olinda Santiago Prima Descheca Bee Canyon Coyote Canyon 0.89 0.25 2.34 1.13 1.09 County County County County County State Parks Alamitos State Beach Bolsa Chica State Beach Chino Hills State Park Corona Del Mar State Beach Crystal Cove State Park Doheney State Beach Huntington State Beach San Clemente State Beach 0.002 0.27 4.09 0.05 6.30 0.40 0.20 0.18 Seal Beach Huntington Beach County Newport Beach County Dana Point Huntington Beach San Clemente Airports Fullerton John Wayne 0.11 0.78 Fullerton County Military facilities MCAS Tustin MCAS E1 Toro Los Alamitos Armed Svs. Center Seal Beach Weapons Station 2.40 6.25 2.07. 2.17 Tustin County Los Alamitos Seal Beach National Forests Cleveland National Forest 86.75 County 49 EXHIBIT B - 1 Cost Sharing For Region Specific Elements NPDES Permittee Shares of Revenue Fiscal Year 2002/2003 Permittee Population * Area (sq. mi.) '* Weighted Average Budget Share Share of Revenue (%) FY 2002-2003 IAliso 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 2.8981 48677 $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 129,200 22.536 3.7231 43526 $223,391 Garden Grove 169,200 17.900 3.981247954 $238,877 Huntington Beach 193,700 27.283 5.080856025 $304,855 I r vine 150,1 O0 46.1 48 5.863460245 $351,811 La Habra 60,800 7.313 1.498466857 $89,909 La Palma 15,700 2.014 0.396815551 $23,797 :Laguna Beach 24,150 7.820 0.973824935 $58,430 Laguna Hills 33,900 6.626 1.031809811 $61,909 Laguna Niguel 63,200 15.003 2.127750971 $127,666 Laguna Woods*" 16,750 3.050 0.492569562 $29,554 Lake Forest 76,700 16.795 2.473428382 $1 48,407 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 1.240982586 $74,460 Rancho Santa Margarita*** 48,350 13.080 1.751218729 $105,074 San Clemente 52,500 17.697 2.170701556 $130,243 San Juan Capistrano 34,600 14.054 1.614764803 $96,887 Santa Ana 348,100 27.349 7.480695499 $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 86.846 8.499136117 $509,953 OCFCD 0 0.050 10 $600,006 TOTALS 2,925,775 684.178 100.00000 $6,000,063 ' 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 - 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. EXHIBIT B - 2A Santa Ana Region Water Quality Monitoring Element Cost Sharing NPDES Permittee Shares of Revenue Fiscal Year 2002/2003 Permittee Population * Area (sq. mi.) ** Weighted Average Budget Share Share of Revenue (%) 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 129,200 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 I lrvine 150,100 46.1 48 7.651879999 .$54.328 La Habra 60,800 7.313 1.903863349 $13,517 La Palina 15,700 2.014 0.504819924 $3,584 Laguna Hills (17.77% in SAR) 6,024 1.177 0.236215028 $1,677 Laguna Woods'** (51.97% in SAR) 8,705 1.585 0.329114592 $2,337 Lake Forest (68.68% in SAR) 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 4.931287387 $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 SAR) 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, E-1 City/County Popula6on 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 stormwater Implementation Agreement. *** Source: County of Orange will cover the program costs until the cities are added onto the Implementation Agreement. EXHIBIT B - 2B San Diego Region Water Quality Monitoring Element Costs Sharing NPDES Permittee Shams of Revenue Fiscal Year 2002/2003 Permittee Population * Area (sq. mi.) ** Weighted Average Budget Share Share of Revenue (%) 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 4.002585974 $50,833 Laguna Niguel 63,200 15.003 9.639674834 $124,964 Laguna Woods*** (48.03% in SDR) 8,045 1.465 1.12410208 $14,276 Lake Forest (31.32% in SDR) 24,022 5.260 3.612339217 $45,877 Mission Viejo 96,600 17.427 13.45055257 $170,822 IRancho 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 $89,827 County of Orange (51.85% in SDR) 60,993 45.030 18.31585436 $232,611 OCFCD 0 0.000 10 $127,000 TOTALS 516,303 155.874 100 $1,270,000 * 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 - 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 stormwater Implementation Agreement. *** Source: County of Orange will cover the program costs until the cities are added onto the Implementation Agreement.