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REQUEST FOR <br />COUNCIL ACTION <br />CITY COUNCIL MEETING DATE: <br />OCTOBER 20, 2015 <br />TITLE <br />APPROVE A THREE -YEAR EXTENSION TO <br />THE COOPERATIVE AGREEMENT FOR <br />FUNDING ENVIRONMENTAL AND TOXICS <br />PROGRAMS FOR THE NEWPORT BAY <br />WATERSHED <br />{STRATEGIC PLAN NO. 5�+2 <br />CITY MANAGER <br />RECOMMENDED ACTION <br />CLERK OF COUNCIL USE ONLY: <br />APPROVED <br />❑ As Recommended <br />❑ As Amended <br />❑ Ordinance on 181 Reading <br />❑ Ordinance on 2n0 Reading <br />❑ Implementing Resolution <br />❑ Set Public Hearing For_ <br />CONTINUED TO <br />FILE NUMBER <br />Authorize the City Manager and the Clerk of the Council to approve Amendment No. 1 to <br />Agreement No. D11 -066 to extend multijurisdictional Cooperative Agreement 011 -066 for three <br />years, through June 30, 2018, to fund the Environmental and Toxics Total Maximum Dally Load <br />programs in the Newport Bay Watershed, and commit to the same annual fair share percentage of <br />10.77 percent with an annual not -to- exceed amount of $150,000. <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. Approximately 63 percent of Santa Ana's surface area drains to the <br />Upper Newport Bay via two of the City's major drainage facilities: Santa Ana Delhi Channel and <br />Santa Ana Gardens Channel (Exhibit 1). <br />In 1996, the California Regional Water Quality Control Board Identified Newport Bay as an <br />"Impaired water body' and classified it as too polluted to meet water quality standards. In 2002, <br />the United States Environmental Protection Agency established the Total Maximum Dally Load <br />(TMDL) method of measuring pollutant levels in water runoff. The 14 regional jurisdictions which <br />contribute runoff into the Newport Bay Watershed ultimately brought the area into compliance with <br />mandated water quality standards through a succession of cooperative agreements to fund TMDL <br />programs. <br />In 2003, the City Council approved Agreement No. 2003 -126 to address the TMDL requirements. <br />Since then, the program was updated, and on June 18, 2012, the City Council approved the <br />current agreement, Agreement No. D11 -066 (Exhibit 2). This agreement Incorporates studies, <br />research, monitoring, development, and program modifications to mitigate the pollutants <br />transmitted in the watershed. It also provides planning, permitting, design, construction, and <br />maintenance of TMDL pilot projects, and establishes a cost -share formula for the participating <br />25D -1 <br />