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REQUEST FOR <br />COUNCIL ACTION <br />CITY COUNCIL MEETING DATE: <br />JUNE 18, 2012 <br />TITLE: <br />AGREEMENTS WITH COUNTY OF <br />ORANGE FOR UPPER NEWPORT BAY <br />TMDL COMPLIANCE- NONGENERAL <br />FUND <br />CITY MANAGER <br />RECOMMENDED ACTION <br />CLERK OF COUNCIL USE ONLY: <br />APPROVED <br />? As Recommended <br />? As Amended <br />? Ordinance on 1" Reading <br />? Ordinance on 2nd Reading <br />? Implementing Resolution <br />? Set Public Hearing For <br />CONTINUED TO <br />FILE NUMBER <br />Authorize the City Manager and Clerk of the Council to execute the attached agreements with the <br />County of Orange, subject to nonsubstantive changes approved by the City Manager and City <br />Attorney with: <br />• Agreement to Fund Nutrient, Fecal Coliform and Toxics Total Maximum Daily Load Programs in <br />the Newport Bay Watershed in an amount not to exceed $175,000--County Agreement No. <br />D1 1-066, <br />• Reimbursement Agreement in an amount not to exceed $60,000--County Agreement No. D12- <br />030. <br />DISCUSSION <br />The Federal Clean Water Act and the National Pollutant Discharge Elimination System (NPDES) <br />Stormwater Permit require each local agency to control potential pollutants from entering the <br />waters of the United States. About 60 percent of Santa Ana is in the Newport Bay Watershed, <br />which discharges into Upper Newport Bay. The City's major drainage facilities in this watershed <br />are the Santa Ana Delhi and Santa Ana Gardens Channels (Exhibit 1). <br />The California Regional Water Quality Control Board identified Newport Bay as an "impaired water <br />body" in 1996, which classifies it as too polluted or otherwise degraded to meet water quality <br />standards. In 2002, the United States Environmental Protection Agency established the maximum <br />amount of a pollutant that a water body can receive and still safely meet water quality standards. <br />These limits, or Total Maximum Daily Loads (TMDLs), contain requirements for studies, <br />monitoring, and development of programs to attain these reduction targets over a multiyear period. <br />City Council approved a similar agreement with the County on June 16, 2003 (Agreement No. <br />2003-126) that has since been amended several times. This new agreement provides for the <br />performance of studies, research, monitoring, development, and/or revision of programs related to <br />the adopted TMDLs for pollutants, as well as planning, permitting, design, construction, and <br />maintenance of TMDL pilot projects. It also establishes a new cost-share formula for all 14 entities <br />25A-1