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Home My WebLink About1996-032 l 1 RESOLUTION NO. 96-32 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. 1 TO AGREE1-lEllT NO. 92..315 \'lITH COUNTY 3 OF SAN BERNARDINO AND OTHER CO-PERNITEES RELATIVE TO THE NATIONAL POLLUTANT DISCHARGE ELHIINATION SYSTEM (NPDES) PROGRAM. 4 BE IT RESOLVED BY THE HAYOR AND COM.'I10N COUNCIL OF THE 5 CITY OF SAN BERNARDINO AS FOLLOvlS, 6 SECTION 1. The Mayor of the City of San Bernardino is 7 hereby authorized and directed to execute, on behalf of said 8 City, Amendment No.1 to Agreement No. 92-315 with the County of 9 San Bernardino and other co-permittees relative to the National 10 Pollutant Discharge Elimination System (NPDES) Program. A copy 11 12 13 14 15 16 17 18 19 20 of this aMendment is on file in the office of the City Clerk and incorporated herein by reference as fully as though set forth at length herein. This SEC'l'ION 2. agreement and any amendMent or modification thereto shall not take effect or become operative until fully signed and executed by both parties. The City shall not be ob1ige.ted hereunder unless and until the agreement is fully executed and no oral agreeMent relating thereto shall be implied or authorized. SECTION 3. This resolution is rescinded if the parties 21 to the agreement fail to execute it within sixty (90) days of the 22 passage of this resolution. 23 / / / / 24 / / / / 25 / / / / 26 / / / / 27 / / / / 28 / / / / 01-08-96 . RESO: } NO. ONE ~O THE --NPDES PROGRA}I. AUTHORIZING EXECUTION OF M1ENDMENJ AGREENENT WITH COUNTY OF SAil BERlJARDINO 1 I HEREBY CERTIFY that the foregoing resolution was duly 2 adopted by 3 Bernardino the Mayor and Connon Council of the City of San neeting thereof, at a held on the regular 4 5th day of February 5 Council Hembers: , 1996, by the following vote, to-wit: AYES NAYS x x x x x x -- x ABSTAIN ABSENT 6 NEGRETE 7 CURLIN 8 HERNANDEZ 9 OBERHELMAN 10 DEVLIN 11 POPE-LUDLAM 12 MILLER 13 14 15 16 17 18 19 20 21 (~ J... !i (I,) '-', i. )~t~ 1 I.....--L--,<..--y r,,- Ra el Clark, City Clerk 1d. The foregoing resolution is hereby approved this day of February , 1996. ~-/ ~ ' Cm1 . ~(~ '-) TONNi ~, MayOr City of San Bernardino Approved as to forn and legal content: James F. Pennan City Attorney 22 :: By (L~;z &2'VVy,~~ () 25 26 27 28 - 2 - RES "6-32 t~ FOR COUNTY US Vendor Code 0 Contract Number , ., E M Change X Cancel County Department ransportationIFlood Control Department A 92-315 A-l Contractor's License No. ~~gs 'i?re.'iifistrict Contract Repr~~~tative Ph. Ext. Amount of Contract SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT FAS CONTRACT TRANSMITTAL o~ffJanization cR~~Rev Source Activity GRC'fffiICiIY.88 Number FY Estimated Payment Total by Fiscal Year Amount 110 FY Amount 110 Commodity Code Project Name CONTRACTOR Co-Pennillees: County of San Bernardino, Cities of Big Bear Lake, Chino, Chino Hills, Colton, Fontana, Grand Terrace, Hil\hland, Lorna Linda, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland, and Yucaipa Birth Date Federal ID No. or Social Security No. Contractor's Representative Address Phone Nature of Contract: (Briefly describe the general terms of the contract) AMENDMENT NO. 1 TO AGREEMENT NO. 92-315 Amend National Pollutant Discharge Elimination System (NPDES) Stormwater Permit Implementation Agreement No. 92-315 in order to more accurately distribute the area-wide program costs based on redefined run-off coefficients and corresponding land uses. The AGREEMENT shall remain unchanged, except for the following specific amendments: 1. Delete the second paragraph of Section IV, page 4; the said paragraph beginning on Line 183 and ending on Line 186. This paragraph is replaced by the following: "Using the County Assessor's land use parcel data, the DISTRICT will determine the total number of assessable land use units as per the methodology described in Appendix A-I, on an annual basis. Vacant, undeveloped land; agricultural uses including dairies, poultry, livestock, groves, orchards, rain crops, field crops, vines or dry farming; and publicly-owned parcels which are parcels owned by a federal, state or local public entity or agency and used for public purposes are exempted land uses. " 2. Appendix A is deleted and replaced by Appendix A-I as attached hereto. 3. This amendment, and any amendments thereto, may be signed in counterparts. (Attach this transmittal to aU contracts not prepare Approved,~s to Legal Form /' ; '" ~ ( :/~(4/:/ CountY Counsel '-. ..,...,-- Date 7- L.~ 7\ Reviewed for Processing L '1- j). 7 - q \ ~ Agency Administrator/CAD Date Date 02-18483-697 Rev. 1191 RES 96-32 . COUNTY OF SAN BERNARDINO ~.A__/.A J ~1!/J ..._.; _ Chainnan, Board of Supervisors DE.e 12 19S5 Dated: 92-315 A-l SIGNED AND CERTIFIED THAT A COPY OF TIllS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD _^, '':':l."~~..'~i---., ~ :' "t, '\ . ,t,"'..... . ", '.... '\,.., Clerk of tile Board of StiJklivi,ors of the County of San Bernardino' , -;::,-:.. y)~ B~:)~~) {, . .Deputy , ~, - '-. :,~ ',. ..-~ ' '~,.: -. ---......'1S,. -: -.~ . (State if Corporation. Company, etc.) By: (Authorized Signature) Dated: Title: Address: SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT ~~ Chainnan, Board of Supervisors Dated: [--r' . " '<'" I':-":'~.J '} (_ l~ .. . ~ ~. " 1-- ,', , SIGN~D A~q"[:n:':!:~r-'J1~r.,,-( 1.,'C,S?Y D~ TH1S t):E:UM[~J _j-1:;~: r><i',_ r.'~:d~\:~r~; T\), Jtl~ CHl\!;l. r..-ii<l\.'(l~' Ti-;~r/\',,:;;-:. ::' E:,.:~i.P!~ :~;'.'f:}~"j' . . , '~C;e(~ ,,~t:". Go:';. '" ,~'':'':~'\0'S "'''''''''''''(J('''lll~'''''.''-'I'':''~- B I~' JI~ /' """o"L. ) v___J!1...Y':LL .___~ l..;::i:lj:Y (State if Corporation. Company, etc.) By (Authorized Signature) Dated: Title: Address: I. RES 96-32 , . . NA nONAL POLLUTANT DISCHARGE ELIMINA nON SYSTEM (NPDES) STORMW A TER PERMIT IMPLEMENTATION AGREEMENT NO. 92-315 - AMENDMENT NO.1 IN WITNESS WHEREOF, the undersigned have executed this AGREEMENT Or".!-- -30. /Q9(. Dae ~4(~~ Neal Hertzm , Mayor City of Big Bear Lake ATTEST: APPROVED AS TO FORM: ~,v;,}~ Katherine E. Jefferies City Clerk ~~ City Attorneys RES 96-32 . CITY OF CHINO November 30, 1995 DATED ATTEST: d~~vv..) 11!:?1 J f :;- CITY CLERK, CITY OF CHINO ' APPROVED AS TO CONTENT: ~fi~ DIRECTOR OF PUBLIC WORKS CITY ENGINEER, CITY OF CHINO CC11/21/8S/Ki AMENDMENT NO.1. 82-1027 . ~() Jj ffi L( . cify ANAGER, CITY OF CHINO RES 96-32 . .' Amendment No.1 to Agreement No. 92-315 BY: M,tti!!1::;;;; CITY OF CHINO HILLS ATTEST: ~.P.-)ch~ LINDA D, RUTH, CITY CLERK 9s~~ I APPROVED AS TO FORM; cls~;Y ~~~.-;;Y RES 96-32 . . CITY OF COLTON SIGNATURE PAGE FOR AMENDMENT NO.1 TO THE NPDES STORMWATER IMPLEMENTATION AGREEMENT WITH THE COUNTY OF SAN BERNARDINO, FLOOD CONTROL NOVEMBER 7,1995 Ge~~!:t~~ Date: 1thi. 7. /1QS'" ATTEST: ~~l~_~ $.~~ ;V~ elen A. Ramos, CMC City Clerk Date: 1u1I. 7. 1'I'iJi I. ~S 96-32 '. . READ AND APPROVED AS TO LEGAL FORM AND CONTENT: C~~ Stephen P. Deitsch city Attorn y ,~ Ken eske Public services Director tJ;/J~ Arlene Peasnall/Robert Graham Risk Management CITY OF FONTANA A Municipal Corporation ~8~~ CJ.ty Manager ATTEST: 1/ ~ ~- . ai .J 11~' '- a hy M~tOya. ~ City Clttrk Approved By _ Council December 5, 1995 Amendment No. 1 to Agreement No. 92-315 RES 96-32 . . IN WITNESS WHEREOF, the undersigned have executed this AGREEMENT as of the dates set out. Executed this 9th day of November, 1995. By: Attest: X11~~t"-9tt~ Brenda stan l.ll city Clerk RES 96-32 . . CITY OF HIGHLAND November 14, 1995 Date Mayor Dennis Johnson ATTEST: ~ c7( aldl1dW Debbie Anderson City Clerk November 14, 1995 Date RES 96-32 . . . . Approved by the City Council of the City of Lorna Linda the 28th day of November 1995. CITY OF LOMA LINDA ..~./' ~.---- .~ ...<--c'....--------, ~ c.. c::::_.-'-----.--. ~.,/'~- r-_ Robert H. Christman, Mayor ArrEST: ~7/h/ ~~/-~-/)~/~ Pamela Byrnes-O'C b, City Clerk RES .96-32 . . In Witness Whereof, the parties have executed this Amendment on the dates set forth below: CITY OF MONTCLAIR, _P tv-;J 111 Z- (l~ PaulM. Eaton, Mayor Date: tf!'5 ATTEST TO: Date: /;~ /9~~ / RES 96-32 . . IN WITNESS WHEREOF, AMENDMENT NO. 1 TO SAN BERNARDINO COUNTY AGREEMENT NO. 92-315 has been executed as of the day and year first above written. Executed this (I-I:5J:f:'- day of November 1995. CITY OF ONTARIO By: M~r~ -0~{:V e (;~I City Clerk ATTEST: _, t ';, '. -'i..'/." ., "' ~"" ;, . "'" APPROVED t,S TO FORM OATE..,.......,L,,:..:.....<f..:,j..L__. Vi......../;; AI .,............._ ~".r.1'::~ih,.:Ey f.,,;~ ~..-::':'::;, C,~.l'~C~:-ItA , " " J __ .,c .' RES 96-32 . . ACCEP'IED: November 15, 1995 CITY OF RANCHO CUCAMONGA, A MUNICIPAL CORPORATION By: /~~ Attest Approved: /'~- ~ / /~~ City Attorney Mayor ~;,-" . . IN WITNESS WHEREOF, the AMENDMENT has been executed on the 7th day of November, 1995. CITY OF RED LANDS ~.-;t;;,{~ Mayor ATTEST: ~~) - City e November 15. 1995 Date " , RES 96-32 . . PASSED, APPROVED AND ADOPTED this 7th day Nov..mh..r ,1995, ATTEST: 6fV1~6-7J1~~ 'BARBAR McGEE, CI1Y LERK APPROVED AS TO FORM: R BERT A. OWEN, CI1Y ATTORNEY STATE OF CALIFORNIA COUN1Y OF SAN BERNARDINO CI1Y OF RIAL TO ) ) ss ) .0 I, BARBARA McGEE, City Clerk of the City of Rialto, do hereby certify that the foregoing Amendment No.1 to Agreement No, 92-315 was duly passed and adopted at a regular meeting of the City Council of the City of Rialto held on the 7th day of Nnvpmhpr ,1995. Upon motion of Council Member SampSon , seconded by Council Member Zuosnic-SkslrlrS ,the foregoing Amendment NO.1 to Agreement No. 92-315 was duly passed and adopted. RES 96-32 96-32 - . CITY OF SAN BERNARDINO CITY OF SAN BERNARDINO, a municipal corporation ATTEST: ~ L ,~Jv.1.'.. U..a.-.'-f___ Rachl Clark, City Clerk '-r~ ~ ~ ~ I To inor, ffayor Approved as to fom and legal content: James F. Penr.lan City Attorney ~ ? f?e/Wv.~ RES 96-32 ~ . IN WITNESS WHEREOF, the undersigned have executed this National Pollutant Discharge Elimination System Stormwater Permit Implementation Agreement Santa Ana Region as of the dates set out. Executed this 13th day of November, 1995. By: /~ K /~~/ Tom R. Thomas, Mayor Pro Tern CITY OF UPLAND ATTEST: @/:";-Y~ oQ;~h-u <Sheryll Sctifoeder, City C1f'rk RES 96-32 e e IN WITNESS WHEREOF, the undersigned have executed this AMENDMENT NO.1 TO AGREEMENT NO. 92-315 - CITY OF YUCAIPA as of the date set out. Executed this 13th day of November 1995. i/I6'i Ibt4/P/cJ I:LIAM L. SEMANS, MAYOR AlTEST: ~~CLERK ~ RES 96-32 ~ " .. e e APPENDIX A-I The following fonnula will be used by the DISTRICT to determine the share costs for the area-wide program as required in the "National Pollutant Discharge Elimination System Stonnwater Permit Implementation Agreement, Santa Ana Region", Section IV, 1 The total aMual area wide program costs will be determined by the DISTRICT and allocated to the CITIES and the COUNTY by the following fonnula: Agency's aMual contributing total = (total Program Costs x 0,95) x Agency's contributing percentage Agencies: County of San Bernardino Cities of: Big Bear Lake Chino Hills Fontana Highland Montclair Rancho Cucamonga Rialto Upland Chino Colton Grand Terrace Lorna Linda Ontario Redlands San Bernardino Yucaipa 2 Agency's contributing percentage is determined by the following: 1 Basic Unit (BU) = 1I6-acre single-family residential parcel with a runoff factor of 0.40 Number of Basic Units oer Land Use C D E F LAND USE Commercial, Industrial, Poultry ApartmentsIMobile Home Parks Churches and Schools Single-Family Residential Dairies, Livestock (Exempt) Irrigated Groves, Golf Courses Cultivated Crops, Undeveloped Land RUNOFF FAcrDR 0.80 0.60 NO. OF BUs PER ACRE 12 9 GROUP A B 0,40 . 0.0067 0.0033 0.10 0.05 number of basic units per acre = (area of parcel in acres) x (runoff factor) 1 Basic Unit Example: For I-acre commercial parcel. No. of basic units/acre = I-ac x 0.8 = 12 I/6-ac x 0.4 1 RES 96~32 - . -To further define single-family residences (S.F.R.), the following formula were used: S.F.R.: 0-7,200 S.F. parcels number of basic units = (1 basic unit) x (number of parcels) S.F,R,: 7,201 S,F. - 2.5-acre parcels number of basic units = (1 basic unit) x (number of parcels) + (total acres - number of parcels x 0,17) x 0.1 basic unit/acre S.F.R.: on greater than 2,5-acre parcels number of basic units = (1.23 basic units) x (number of parcels) + (total acres - 2.5 acres/parcel x number of parcels) x 0.05 basic units/acre AGENCY'S CONTRIBUTING PERCENT AGE = AGENCY'S TOTAL BASIC UNITS TOTAL BASIC UNITS IN PERMIT AREA 2 RES 96-32 eNUTES OF THE BOARD OF SUP.ORS OF SAN BERNARDINO COUNTY, CALIFORNIA . FCD, Gen'l. Inc. Cities/Listed on back Agree. No. 92-315 FROM: KEN A MTT .T .F.R, Director Transportation/F100d Control December 12,1995 SUBJECT: NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER PERMIT IMPLEMENTATION AGREEMENT, SANTA ANA REGION - FILE# 1 O(NPD)-2.11 RECOMMENDATION: Acting as the governing body of the Flood Control District and as the governing body of the County, approve Amendment NO.1 to Implementation Agreement No. 92- 315 between the Flood Control District and the Co-Pennittees listed in this agreement. BACKGROUND INFORMATION: On October 19, 1990, the Flood Control District and the County (unincoTJl'- ated areas), and the incorporated Cities in the County within the Santa Ana River watershed, as Co-Pennittees, obtained an area-wide National Pollutant Discharge Elimination System (NPDES) Pennit, Order No.90-136, NPDES No. CA8000200, as required by the Clean Water Act, Amended in 1987. Under the requirements of the pennit, the Co-Pennittees entered into an Implementation Agreement for delegation of responsibilities and funding of program costs on a shared cost basis. This Amendment No. 1 to the Agreement revises the mechanism of funding the program costs by the Co-Pennittees. The District's share of funding will remain at 5% of the program cost while the County's will reduce from 26% to 12.3%. REASON FOR RECOMMENDATION: Board approval is required to effect this Amendment. REVIEW BY OTHERS: This item was reviewed by Deputy County Counsel Charles S. Scolastico on September 25, 1995, by Fourth and Fifth District Supervisorial Staffs on October 3, 1995, by Second District Supervisorial Staff on October 5, 1995, and by Third District Supervisorial Staffon October 12,1995. FINANCIAL DATA: The Flood Control District and the County will incur costs of approximately $23,700,00 and $58,500.00 respectively, for Fiscal Year 1995/1996 as their share of the area-wide program costs. Funding is available from the Flood Control District budget to provide for these costs. PRESENTER: Ken A. Miller cc: Flood Control nist. w/5 agr. for signature Cities (l6) c/o FCD Auditor Contract Complianoe Risk Management IW; File w/agr. vg 14-8507.000 Rev. 10181 Action of the Board of Supervisors AGREE~'rcNO. 92-315 A-l .'1< . _'~ ~ , APP~ED BOARD QF SUPERVISORS ~,. . ~T<Y OF S~N B~RNARDINO MOTION ~ ':' . SECOND AB~ENT ~ ~ f6 2 3 4 5 EARLE~~ ,'~"T,"CLERK OF ,!:HE 'OARD BY C \ .~ ., .. . Deputy DATED: Dece~(t~~995 . .,. ITEM L/ 3