25K - AGMT NEWPORT BAY WATERSHED PROG

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Cooperative Agreement to fund Newport Bay TMDL Programs August 21, 2018 Page 2 The City of Santa Ana is a co -permittee under the Orange County NPDES Permit (ORDER NO. R8-2009-0030 - NPDES No. CAS618030), issued by the Santa Ana Regional Water Quality Control Board (Regional Board). The County of Orange, Orange County Flood Control District, is the principal permittee. The Regional Board incorporates TMDLs into the Permit and the Newport Bay Watershed dischargers work collaboratively with the County of Orange to achieve compliance with TMDLs and the Permit itself. This collaborative effort results in cost-sharing efficiencies for all parties. In 2003, City Council approved the first cooperative agreement (No. 2003-126) with the County of Orange and other Newport Bay watershed dischargers to address TMDL requirements in Newport Bay. After its expiration, a replacement agreement (No. D11-066) was approved by City Council in 2012 and it expired on June 30, 2018. The new Agreement (No. MA -080-18011416) replaces the recently expired agreement and will provide for studies, water quality monitoring, and the development of specialized programs, work plans, and projects to meet water quality standards and comply with established and pending Newport Bay watershed TMDLs. Additionally, this Agreement includes new cost -share percentages for the thirteen funding partners (Exhibit 2). The City's cost -share percentage has decreased from 10.79% during the previous agreement and is set at 9% for the lifetime of this Agreement, resulting in cost savings for the City. The term of this Agreement begins upon approval and execution by all parties and will expire on June 30, 2023. In support and cooperation with the other participating agencies, PWA staff is recommending that the City Council approve and execute this Agreement. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #2 Expand opportunities for conservation and environmental sustainability. ENVIRONMENTAL IMPACT There are no environmental impacts associated with this action. FISCAL IMPACT The City's Fiscal Year 2018-19 9% budget share for this Agreement is $119,934. The annual budget share for each subsequent fiscal year of the agreement is expected to be of a similar amount. Funds are available for expenditure in Fiscal Year 2018-19 in the Federal Clean Water Protection Enterprise (NPDES Program) Account (No. 05717640-62300) and will be budgeted in this account for expenditures in Fiscal Years 2019-20, 2020-21, 2021-22, and 2022-23. 25K-2