HomeMy WebLinkAbout07 WTR QUALITY ORD 08-02-04
AGENDA REPORT
Agenda Item
Reviewed: ¥
City Manager
Finance Director
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MEETING DATE:
AUGUST 2, 2004
FROM:
WILLIAM A. HUSTON, CITY MANAGER
PUBLIC WORKS DEPARTMENT/ENGINEERING
TO:
SUBJECT:
APPROVAL OF AMENDMENT NO.1 TO WATER QUALITY ORDINANCE
IMPLEMENTATION AGREEMENT NO. 002-024 WITH THE ORANGE
COUNTY FLOOD CONTROL DISTRICT
SUMMARY
The Water Quality Ordinance Implementation Agreement is a standard form agreement,
approved by the Orange County Board of Supervisors, to provide water quality ordinance
services in- accordance with the requirements of the Santa Ana Region National Pollutant
Discharge Elimination System (NPDES) stormwater permit. Under this agreement, the City
of Tustin will have the County's authorized inspector services available as a supplemental
resource to respond to pollution incidents. Amendment No.1 will extend the term of the
agreement for an additional three year period starting from July 1, 2004 and revise the title
of the responsible individual on behalf of the County. All other terms and conditions of
Agreement No. 002-024 remain unchanged.
RECOMMENDATION
It is recommended that the City Council approve Amendment No.1 to Water Quality
Ordinance Implementation Agreement No. 002-024 with 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 $826.77 for its portion of the pollution
prevention annual fixed cost fee. This fee is determined for each participating city based
upon its area and population. When the City exercises the on-call authorized inspector
services the County will invoice the City for actual costs. However, there will be opportunity
for the City to recover these costs in situations where the responsible party can be
identified. The proposed Fiscal Year 2004/2005 NPDES Operating Budget (01-402-6222)
includes funding for the annual fee and an estimated amount for the on-call services,
BACKGROUND AND DISCUSSION
The current Santa Ana Region NPDES Stormwater Permit (Third Term Permit) requires all
municipalities to provide a water quality enforcement program to investigate and track
water quality violations within their jurisdictions. Currently, the City's Code Enforcement
Staff provides this service on a limited basis. The approval of Amendment No.1 to the
Water Quality Ordinance Implementation Agreement will enable additional qualified support
to be provided to the City by the County when it is determined necessary by the City.
Approval of Amendment No.1 to Water Quality Ordinance Implementation Agreement
August 2, 2004
Page 2
Amendment No.1 to the Agreement has been reviewed and approved as to form by the
City Attorney.
c;;:1) ~
Tim D. Serlet
Director of Public Works/City Engineer
~¿:/~~
Engineering Services Manager
Attachment: Amendment No.1 to Water Quality Ordinance Implementation Agreement No. 002-024
TOS:ORK:ryS:\City Councilltems\2004 Councilltems\Approval of Water Qual Ord Implementation Agmtdoc
Agreement No. D02-024
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AMENDMENT NUMBER ONE TO
WATER QUALITY ORDINANCE IMPLEMENTATION AGREEMENT
BETWEEN THE ORANGE COUNTY FLOOD CONTROL DISTRICT
AND THE CITY OF
TUSTIN
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WIT N E SSE T H
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WHEREAS, on July 1, 2002, WATER QUALITY ORDINANCE IMPLEMENTATION AGREEMENT NO.
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D02-024 (hereinafter referred to as uAGREEMENT") between the Orange County Flood
Control District,
(hereinafter referred to as uDISTRICT"), and the City of Tustin,
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(hereinafter referred to as uCITY"), sometimes collectively referred to herein as
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Uthe PARTIES,"was executed for a period of two (2) years.
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WHEREAS, SECTION 3(a) of AGREEMENT NO. D02-024 stipulates that the AGREEMENT is
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renewable for an additional three (3) years upon mutual agreement of the PARTIES as
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memorialized in writing by the CITY and the Director of Public Facilities and
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Resources Department (PFRD), or her designee, on behalf of the DISTRICT.
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WHEREAS, SECTION 3(a), line 22 currently refers to the Director, Public
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Facilities and Resources Department, or her designee, and the title of that
individual has recently been changed to the Director, Resources and Development
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Management Department (RDMD).
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NOW, THEREFORE, IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS:
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1.
Section 3(a) of AGREEMENT NO. D02-024 is hereby amended to extend the term
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of the AGREEMENT for an additional three year period, from July 1, 2004.
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2.
Section 3(a), line 22, is hereby amended to read uDirector of Resources and
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Development Management Department (RDMD), or his designee."
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Except as amended herein, all other terms, conditions and covenants of AGREEMENT NO.
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002-024 remain unchanged and enforceable as originally set forth.
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Agreement No. 002-024
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. ONE to
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AGREEMENT NO. D02-024 for three years commencing on July 1, 2004:
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ORANGE COUNTY FLOOD CONTROL DISTRICT,
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a body corporate and politic,
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Date:
By:
Director
Resources & Development Management Department
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APPROVED AS TO FORM
COUNTY COUNSEL
County of Orange
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BY:~{ r,~
Deputy
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13 Date: ~ (~'1 O\f
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Date:
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23 City Clerk
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City of Tustin
By:
Mayor
APPROVED AS TO FORM:
rhtJ 2 .~
City Attorney o' ; in -
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