HomeMy WebLinkAboutCC-5 - 26-243 - Approval of OC Stormwater Agreement - 5/5/2026CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #:26-243 Meeting Date:5/5/2026
TITLE:
APPROVAL OF THE AMENDED AND RESTATED NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM STORMWATER PERMIT IMPLEMENTATION AGREEMENT BETWEEN
THE COUNTY OF ORANGE,ORANGE COUNTY FLOOD CONTROL DISTRICT,AND
PARTICIPATING ORANGE COUNTY CITIES
DEPARTMENT:PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
PRESENTED BY:RAJA SETHURAMAN, PUBLIC WORKS DIRECTOR
CONTACT INFORMATION:SEUNG YANG, P.E., CITY ENGINEER, (714) 754-5335
RECOMMENDATION:
Staff recommends the City Council:
1.Approve the Amended and Restated National Pollutant Discharge Elimination System
(NPDES)Stormwater Permit Implementation Agreement (“Agreement”)between the County of
Orange, Orange County Flood Control District, and participating Orange County cities.
2.Authorize the City Manager to execute the agreement and any related documents necessary
to implement the terms of the agreement.
BACKGROUND:
The City of Costa Mesa (City)is a permittee under the Municipal Separate Storm Sewer System
(MS4)permits program,as issued by the Santa Ana Regional Water Quality Control Board,along
with the County of Orange,the Orange County Flood Control District (District),and other cities in
North Orange County.The cities in South Orange County are included in a separate permit,issued
by the San Diego Regional Water Quality Control Board.Collectively,the administration of these
permits is handled through a cooperative agreement between the County of Orange and all the cities
in Orange County,formalized through an implementation agreement,which establishes a cooperative
framework for implementing the Orange County Stormwater Program to meet MS4 permit
requirements and improve surface water quality throughout the County.
The original NPDES Stormwater Permit Implementation Agreement was executed in 1990 and
subsequently amended in 1993 and again in 2002,between the County of Orange and each of the
cities,whereby the County served as the administrator of the regional Orange County Stormwater
Program.The agreement has allowed for collaboration,consistency,and cost sharing of regional
compliance strategies,municipal staff training,watershed monitoring and reporting efforts,and other
MS4 program elements required of each of the permittees.
While the current agreement has achieved many significant water quality improvements to local
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File #:26-243 Meeting Date:5/5/2026
While the current agreement has achieved many significant water quality improvements to local
beaches and inland waters,state regulatory requirements issued through the MS4 permits have
changed significantly since the agreement was last updated.Watershed-specific water quality
priorities have become increasingly complex requiring targeted solutions including structural
treatment projects to meet ongoing and forthcoming compliance requirements.
ANALYSIS:
The proposed agreement (Attachment 1)restates and updates the original agreement to reflect
current regulatory requirements,administrative practices,and programmatic needs.It continues the
collaborative approach among the permittees to implement regional stormwater management
strategies,but it also provides added flexibility in designing and developing watershed-specific
strategies,programs,and projects using corresponding shared cost sub-budget scales.As part of the
shared cost budget approval process,the amended and restated agreement also formalizes the
consultation process with the Orange County City Managers Association (OCCMA)each year,which
updates and improves the existing annual budget collaboration process already implemented with
OCCMA.
The shared cost budget that is developed annually for this agreement maintains the existing cost
sharing formula approach based on land area and population for the unincorporated County and
thirty-four (34)Orange County cities,with the District contributing 10%of the overall cost.For sub-
budgets allowed under this agreement that do not apply to all the permittees,this same cost sharing
formula approach would be applied for the participating permittees.Examples of the types of
geographic areas to which a sub-budget could apply include across an MS4 permit area,watershed
level, or sub-watershed scales.
Key provisions of the amended and restated agreement include:
·Continued designation of the County as the administrator of the regional Orange County
Stormwater Program.
·Clarification of responsibilities for each permittee,including compliance reporting,monitoring,
and implementation of Best Management Practices (BMPs).
·Engagement with the OCCMA for strategic input on compliance and funding.
·Provision of an updated collaborative review process for annual operating budgets,including
allowing for new sub-budgets to be established with smaller groups of permittees to support
development of targeted water quality projects and programs.
·Continuation of the existing cost sharing formula between the permittees based on land area
and population,with the Orange County Flood Control District contributing 10%and the
County and cities sharing the remaining 90%for the annual operating budget countywide.For
new sub-budgets,the same approach will be used to share costs amongst those participating
agencies.
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File #:26-243 Meeting Date:5/5/2026
ALTERNATIVES:
The City Council may reject approval of the agreement and request staff to negotiate any terms of
the agreement with the County of Orange.Staff does not recommend this alternative since this will
result in the City administering the MS4 permit entirely using its own staff and resources,which is
both cost prohibitive and infeasible.
FISCAL REVIEW:
The City’s financial contribution will be calculated annually based on its proportional share of land
area and population,as outlined in the agreement.During Fiscal Year 2025-26,the City of Costa
Mesa’s proportional share of the proposed $9.6 million countywide budget was $223,165,which
included reimbursement for Countywide costs as well as costs for programs specific to the Santa Ana
Regional Water Quality Control Board.This amount is incorporated as part of the annual budget in
the General Fund (Fund 101).
LEGAL REVIEW:
The City Attorney’s Office has reviewed this report and the proposed implementation agreement and
approves both as to form.
CITY COUNCIL GOALS AND PRIORITIES:
The proposed NPDES Stormwater Permit Implementation Agreement works toward achieving the
following City Council goals:
·Maintain and Enhance the City’s Facilities, Equipment and Technology
·Strengthen the Public’s Safety and Improve the Quality of Life
·Advance Environmental Sustainability and Climate Resiliency
CONCLUSION:
Staff recommends the City Council:
1.Approve the Amended and Restated National Pollutant Discharge Elimination System
(NPDES) Stormwater Permit Implementation Agreement (“Agreement”).
2.Authorize the City Manager to execute the agreement and any related documents necessary
to implement the terms of the agreement.
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