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HomeMy WebLinkAbout55A - RESO REGIONAL WATER MGNTREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 3, 2019 TITLE: ADOPT A RESOLUTION FOR THE OC PLAN FOR INTEGRATED REGIONAL WATER MANAGEMENT FOR NORTH AND CENTRAL ORANGE COUNTY AND THE ONE WATER ONE WATERSHED PLAN FOR THE SANTA ANA RIVER WATERSHED, AND AUTHORIZE THE SANTA ANA WATERSHED PROJECT AUTHORITY TO SUBMIT A PROP 1 INTEGRATED REGIONAL WATER MANAGEMENT GRANT APPLICATION ON BEHALF OF THE CITY OF SANTA ANA FOR THE RAITT AND MYRTLE PARK PROJECT (STRATEGIC PLAN NO. 5, 6F) CI ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ==161 A0 ❑ As Recommended ❑ As Amended ❑ Ordinance on 1° Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a Resolution adopting the OC Plan for Integrated Regional Water Management for North and Central Orange County and the One Water One Watershed Plan for the Santa Ana River Watershed. 2. Authorize the Santa Ana Watershed Project Authority to submit a Prop 1 Integrated Regional Water Management grant application on behalf of the City of Santa Ana for the Raitt and Myrtle Park Project. DISCUSSION In November 2014, California voters passed Proposition 1, the Water Quality, Supply, and Infrastructure Improvement Act of 2014 (Prop 1). Prop 1 authorized $7.545 billion in general obligation bonds to fund, in part, water resource projects identified as regional priorities through local Integrated Regional Water Management (IRWM) Plans. The City of Santa Ana has participated in the development of IRWM Plan for North and Central Orange County (the OC Plan), which was completed in March 2018. The Santa Ana Watershed Project Authority (SAWPA) administers Prop 1 grant funding for the IRWM Region recognized by the State Department of Water Resources (DWR) for the Santa Ana River Watershed Funding Area, which includes North and Central Orange County. SAWPA has also led the 55A-1 Proposition 1 - IRWM Resolution September 3, 2019 Page 2 development and subsequent updates of the One Water One Watershed (OWOW) IRWM Plan for the Santa Ana River Watershed since 2005 and, in 2018, updated the OWOW Plan to meet Prop 1 guidelines. IRWM projects seeking Prop 1 funding in North and Central Orange County are submitted to the OC Plan. The projects are ranked primarily according to the quantity of the goals and objectives they achieve that are identified in the OC Plan. The OC Plan has been incorporated into the OWOW plan and SAWPA submits all projects to DWR, on behalf of the entire funding area, for Prop 1 IRWM funding. The County of Orange, the Orange County Sanitation District, the Orange County Water District, and SAWPA have entered into an Agreement entitled "Cooperative Agreement for Integrated Regional Water Management Funding in the Santa Ana Funding Area," which allocates 30% of Prop 1 IRWM grant funds to projects located in North and Central Orange County (Exhibit 4). The City of Santa Ana is a project proponent on the Raitt and Myrtle Park Project, which has been recommended for Prop 1 IRWM funding. Grant applicants must provide a resolution adopted by its governing body in the application package. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 — Community Health, Livability, Engagement & Sustainability, Objective #6 (focus projects and programs on improving the health and wellness of all residents), Strategy F (incorporate health and wellness into all applicable policies and plans [e.g., General Plan, Comprehensive Economic Development Strategy, Capital Improvement Plan, etc.]). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT no fiscal impact associated with this action. Fuad S-1 Executiv Public We FSS/NS/CF J nreiss, PE, PLS Director ,ks Agency Exhibits: 1. Resolution 2. The OC Plan may be reviewed at https://www.santa- ana.orq/sites/default/files/pw/documentsfThe-OC-Plan-2018 pdf 3. OWOW Plan may be reviewed at https://www.santa- ana.org/sites/default/files/pw/documentsfThe-OWOW-Plan-2018 pdf 4. Cooperative Agreement for Integrated Regional Water Management Funding in the Santa Ana Funding Area 55A-2 EXHIBIT 1 jmf 8/6/19 RESOLUTION NO. 2019-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING THE OC PLAN FOR INTEGRATED REGIONAL WATER MANAGEMENT FOR NORTH AND CENTRAL ORANGE COUNTY AND THE ONE WATER ONE WATERSHED PLAN FOR THE SANTA ANA RIVER WATERSHED, AND AUTHORIZING THE SANTA ANA WATERSHED PROJECT AUTHORITY TO SUBMIT A PROP. 1 IRWM GRANT APPLICATION ON BEHALF OF THE CITY OF SANTA ANA FOR THE RAITT AND MYRTLE PARK PROJECT WHEREAS, the City of Santa Ana has participated in the development of the Integrated Regional Water Management (IRWM) Plan for North and Central Orange County (the OC Plan) pursuant to Senate Bill 1672 (SB 1672) of the State of California, known as the Integrated Regional Water Management Planning Act of 2002; and WHEREAS, in November 2014, California voters passed Proposition 1, the Water Quality, Supply, and Infrastructure Improvement Act of 2014 (Prop. 1), authorizing $7.545 billion in general obligation bonds to fund, in part, water resource projects identified as regional priorities through local IRWM Plans; and WHEREAS, the California Department of Water Resources (DWR) administers a grant program under Prop. 1, and distributes funding to recognized IRWM Regions within the twelve Funding Areas in California (Water Code §79744); and WHEREAS, the Santa Ana Watershed Project Authority (SAWPA) administers Prop 1 grant funding for the sole IRWM Region recognized by DWR for the Santa Ana River Watershed Funding Area, which includes North and Central Orange County; and WHEREAS, SAWPA has led the development and subsequent updates of the One Water One Watershed (OWOW) IRWM Plan for the Santa Ana River Watershed since 2005, and in 2018, updated the OWOW Plan to meet Prop. 1 guidelines; and WHEREAS, the OC Plan has been incorporated into the OWOW Plan; and WHEREAS, the County of Orange, the Orange County Sanitation District, the Orange County Water District, and SAWPA have entered into that certain agreement entitled Cooperative Agreement for Integrated Regional Water Management Funding in the Santa Ana Funding Area, which allocates a percentage of IRWM grant funds to projects proposed through the OC Plan; and WHEREAS, the City of Santa Ana is a project proponent on the Raitt and Myrtle Park Project, which has been recommended for Prop. 1 IRWM grant funding. Resolution No. 2019-XXX Page 1 of 3 55A-3 jmf 8/6/19 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The OC Plan for Integrated Regional Water Management Plan for North and Central Orange County is hereby adopted, a copy of which will be on file at the offices of the Public Works Agency of the City for public inspection. Section 2. The One Water One Watershed Plan for the Santa Ana River Watershed is hereby adopted, a copy of which will be on file at the offices of the Public Works Agency of the City for public inspection. Section 3. SAWPA is hereby authorized to submit a Prop. 1 IRWM grant application on behalf of the City of Santa Ana for the Raitt and Myrtle Street Park Project. Section 4. The City Council authorizes the City Manager, or the Executive Director of the Public Works Agency, or their respective designees, to conduct all negotiations, execute and submit all documents, as well as applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the project named above. Section 5. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 2019. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:. John M. Funk Assistant City Attorney Miguel A. Pulido Mayor Resolution No. 2019-XXX Page 2 of 3 55A-4 jmf 816/19 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATION OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2019-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2019-XXX Page 3 of 3 55A-5 y Exhibit 2 The OC Plan may be reviewed at https://www.santa- ana.orq/sites/default/files/pw/docume nts/The-OC-Plan-2018. pdf 55A-7 y • Exhibit 3 OWOW Plan may be reviewed at https://www.santa- ana.org/sites/default/fiies/pw/documents/The- OWOW-Plan-2018.pdf 55A-9 55A-10 EXHIBIT 4 COOPERATIVE AGREEMENT FOR INTEGRATED REGIONAL WATER MANAGEMENT FUNDING IN THE SANTA ANA FUNDING AREA This Cooperative Agreement (Agreement), which shall have an effective date as of the date fully executed by all parties hereto, is between the County of Orange, Orange County Sanitation District, Orange County Water District (collectively referred to as Orange County Parties), and the Santa Ana Watershed Project Authority (SAWPA), a joint powers authority. SAWPA and the Orange County Parties are collectively referred to as the "Parties." WHEREAS SAWPA is the Regional Water Management Group for the Santa Ana Funding Area, for purposes of Integrated Regional Water Management (IRWM) project identification, prioritization, proposal, and grant funding allocation with respect to the One Water One Watershed (OWOW) Plan and any subsequent updates; WHEREAS integrated planning at a regional scale is an important aspect of water resources management that is valuable in identifying opportunities for actions that create multiple, regional benefits and resolve or avoid conflicts in the watershed, and such integrated planning is valuable in promoting and improving collaboration across jurisdictions and functions at both the watershed scale and within significant parts of the watershed; WHEREAS North Orange County comprises a significant part of the Santa Ana Funding Area, including the San Gabriel River -Coyote Creek, Anaheim Bay Huntington Harbour, Newport Bay, and Newport Coastal Streams sub -watersheds, where water management issues and priorities, such as surface and coastal water quality, differ from those in the upper Santa Ana River watershed; WHEREAS the Orange County Parties, pursuant to an agreement amongst themselves, to wit, the Memorandum of Understanding for Integrated Regional Water Management in North and Central Orange County Watershed Management Areas, are a Regional Water Management Group for purposes of development and implementation of an IRWM Plan; WHEREAS the Orange County Parties have, with the collaboration of other North Orange County stakeholders from the San Gabriel River -Coyote Creek, Anaheim Bay Huntington Harbour, lower Santa Ana River, Newport Bay, and Newport Coastal Streams hydrologic units, developed and adopted an IRWM Plan for North and Central Orange County, referred as to as "the OC Plan," which was developed and written to comply with State IRWM standards; WHEREAS the hydrologic units represented in the OC Plan are currently part of the Santa Ana Funding Area covered by the OWOW Plan; 55A-11 WHEREAS prior to entering into this Agreement, the County of Orange submitted an application to the California Department of Water Resources (DWR), to be recognized as a separate region in the Santa Ana Funding Area, to operate independently of SAWPA for purposes of project identification, prioritization, proposal, and grant funding allocation, with respect to projects in the OC Plan; WHEREAS this Agreement serves to memorialize an agreement between the Parties whereby, in exchange for the Orange County Parties agreeing to forego efforts to form a separate region in the Santa Ana Funding Area for the OC Plan, and, instead, remain a part of the Santa Ana Funding Area covered by the OWOW Plan, SAWPA agrees to abide by the terms and conditions stated herein, in all rounds of grant funding administered by the State of California under Proposition 1 and any subsequent IRWM grant programs. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is acknowledged by all Parties, and in light of the foregoing recitals, the Parties hereby agree as follows: 1. INTEGRATION OF THE OC PLAN AND OWOW: a. SAWPA has incorporated the OC Plan by reference in an appendix of the OWOW Plan. SAWPA has made other revisions to the OWOW Plan before its adoption reflecting the existence of the OC Plan and its interaction with the OWOW Plan. SAWPA will make other amendments to the OWOW Plan in future updates or as required by DWR. b. This Agreement determines how State grant funds for IRWM will be allocated for projects in the OWOW Plan, which includes the OC Plan. Projects allocated funds pursuant to Section 2a and 2b.i. below will not be rated/ranked by the OWOW Steering Committee and will be reviewed by the Committee only for compliance with the requirements of the applicable DWR project solicitation. 2. PROJECT IDENTIFICATION, RATING/RANKING, SELECTION, GRANT FUNDS ALLOCATION AND ADNIINISTRATION: a. Projects in North and Central Orange County proposed for general implementation IRWM grant funding will be rated, ranked and selected for funding by the processes in the OC Plan and not by those in the OWOW Plan. b. IRWM grant funds for the Santa Ana Funding Area will be distributed as follows: i. Thirty percent (30%) of the IRWM general implementation grant funds will be allocated to projects in the OC Plan selected pursuant to Section 2.a. In the event that a portion of an allocation is not expended ill one funding round of a multi - round process, any unexpended funds shall be rolled over and added to the thirty percent allocation for the next round. 55A-12 ii. Ten percent (10%) of the general implementation grant funds will be allocated for projects that benefit both the upper and the lower watersheds in the Santa Ana Funding Area and selected by the process in the OWOW Plan. In the event that selected projects that benefit both the upper and the lower watersheds in the Santa Ana Funding Area do not expend any portion of the 10% allocation, any unexpended funds shall be allocated as follows: thirty-four percent (34%) of any unexpended funds will be allocated to projects selected through the OC Plan as determined under Section 2.a. above, and sixty-six percent (66%) to projects selected through the OWOW for the upper watershed (area in San Bernardino County or Riverside County). iii. Sixty percent (60%) of the general implementation grant funds will be allocated to projects in the upper watershed selected by the process in the OWOW Plan. The Parties agree that projects so selected will not be challenged for funding under this agreement on the basis that the project will increase recycling or groundwater recharge in the upper watershed. In the event that a portion of an allocation is not expended in one funding round of a multi -round process, any unexpended funds shall be rolled over and added to the sixty percent allocation for the next round. iv. Disadvantaged Community (DAC) implementation funds, as defined by DWR, shall be treated separately and will be allocated by the process in the OWOW Plan to projects based on their direct and entire benefit to disadvantaged communities. DAC-supported projects from North and Central Orange County submitted to OWOW seeking DAC implementation funds will be eligible for this grant funding subject to the selection process in the OWOW Plan and will not count as part of the thirty percent (30%) OC Plan funding allocation as required under 2.b.i. c. As agreed upon by the OWOW Steering Committee and SAWPA Commission, ten percent (10%) of the total general implementation grant funding allocated to projects that benefit the Santa Ana Funding Area under 2.b.ii, projects in the upper watershed under 2.b.iii, and DAC projects under 2.b.iv will be allocated to small budget projects that requested grant funding less than or equal to $500,000. d. SAWPA will administer the OWOW program and project grant contracting with DWR and the funded projects' lead agencies. i. In selecting and submitting projects per Section 2.a above, the Orange County Parties will comply with a mutually agreed upon schedule and information requirements for submittals to be included in State -led processes related to IRWM funding such as grant applications, workshops and site visits. ii. Five percent (5%) of DWR Proposition 1 IRWM grant funds assigned to the Santa Ana Funding Area will be used for SAWPA's administration of IRWM funding. 55A-13 iii. The Parties recognize that the overall number of projects funded under each round of Proposition 1 will need to be limited to ensure SAWPA grant administration is effective and efficient. The number of individual projects in the OC Plan which are funded under the allocation required in section 2.b.i is limited to four (4) for Round 1 of Proposition 1, unless SAWPA determines that additional projects can be supported. iv. SAWPA will be responsible for executing a funding agreement with the lead agency and or project proponent for each project selected for IRWM grant funds. v. Agreement of the Parties will be required for any request for DWR to modify or consolidate the funding rounds of Proposition 1. 3. WITHDRAWAL OF APPLICATION FOR SEPARATE REGION IN SANTA ANA FUNDING AREA: Upon execution of this Agreement by all Parties, the Orange County Parties agree to withdraw its application to DWR for recognition as a region in the Santa Ana Funding Area, and agree not to seek such approval so long as SAWPA is not in breach of any of its obligations under this Agreement, or until such time as the Agreement is terminated. 4. GOVERNANCE: The OWOW Steering Committee (SC) will continue to function as the advisory body to the SAWPA Commission as defined in the January 15, 2013 Santa Ana IRWMP OWOW Governance document, but shall, in its recommendations, adhere to the terms of Section 1 and 2 of this Agreement. 5. MODIFICATION: The terms of this Agreement may be amended only in writing executed by all of the Parties. This Agreement may not be modified in effect by changes in policies of any of the Parties without amending this Agreement per this section. The Parties shall review this Agreement after completion of Proposition 1 Round 1 project selection and grant funds allocation, and at least once every three years from the effective date, and the Parties shall revise if necessary. 6. AUTHORITY: The individuals executing this Agreement each represent and warrant that they have the legal power, right and actual authority to bind their respective entities to the terms and conditions hereof and thereof. 7. COUNTERPARTS: This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. Four (4) duplicate originals of this Agreement shall be executed each of which shall be deemed to be an original. 55A-14 8. GOVERNING LAW AND JURISDICTION: The existence, validity, construction, operation and effect of this Agreement and all of its terms and provisions shall be determined in accordance with the laws of the State of California. 9. TERM and TERMINATION: This Agreement shall have an initial term of ten years from the effective date. After the initial term, the Agreement shall automatically renew for successive terms of ten years each, unless, prior to expiration of the current term, one Party provides notice to the other Parties of its intent not to renew the Agreement. Provision of notice in this manner shall terminate the Agreement as of the expiration of the current term. In addition to expiration of the Agreement, this Agreement may be terminated by any Parry in the event of a material breach by any other Party, or at any time by mutual written agreement of all of the Parties. 10. THIRD PARTY BENEFICIARIES: OC Plan -project proponents whose projects are selected for Prop 1 funding pursuant to this Agreement and meet eligibility criteria for the funding opportunity are intended by the Parties to be third -party beneficiaries of this Agreement. The Parties therefore agree that the Orange County Parties and the OC Plan - project proponents whose proposals are selected for Prop 1 funding and meet eligibility criteria for the funding opportunity may enforce applicable provisions of this Agreement as if they were parties hereto in the event of breach by SAWPA. However, nothing herein shall require the Orange County Parties to initiate or take any action on behalf of OC Plan -project proponents. 11. NOTICE: Except as otherwise provided herein, all notices and other communications required or permitted hereunder shall be in writing, and shall be delivered in person, via e- mail, or sent by registered mail or certified mail, return receipt requested, and shall be deemed received upon actual receipt or 72 hours after deposit in the mail of the United States Postal Service, postage prepaid and addressed as follows: To SAWPA: Santa Ana Watershed Project Authority (SAWPA) Attention: General Manager 11615 Sterling Ave. Riverside, CA 92503 (951) 354-4220, (951) 785-7076 (fax) To County of Orange: County of Orange Attention: Deputy Director, OC Environmental Resources 2301 N. Glassell Street Orange, CA 92865 55A-15 (714) 955-0600, To OCSD Orange County Sanitation District Attention: General Manager 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 962-2411 Orange County Water District Attention: General Manager 18700 Ward Street, Fountain Valley, CA 92708 (714) 378-3305, (714) 378-3373 (fax) In witness whereof, the Parties hereto have executed this Agreement as of the date of the last signatory: 55A-16 [Revise signature page as needed] SAWPA By: Name: Title: Date: 55A-17 COUNTY OF ORANGE A political subdivision of the State of California Date: By Chair of the Board of Supervisors Date: By Robin Stieler Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO FORM COUNTY COUNSEL m Date: 55A-18 [Revise signature page as needed] Orange County Sanitation District By: Name: Title: Date: 55A-19 [Revise signature page as needed] Orange County Water District By: Name: Title: Date: 10 55A-20