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HomeMy WebLinkAbout25B - NEWPORT BAY WATERSHED . REQUEST FOR COUNCIL ACTION - a CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: APRIL 19, 2010 TITLE: APPROVED COOPERATIVE AGREEMENT FOR As Recommended THE NEWPORT BAY WATERSHED As Amended Ordinance on 1S` Reading MANAGEMENT AREA Ordinance on 2"d Reading Implementing Resolution Set Public Hearing For CONTINUED TO , L--r~ ~ FILE NUMBER i CITY MANAGER RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute the attached cooperative agreement with the County of Orange to participate in the management of the Newport Bay Watershed Management Area and to become a member of the Executive Committee. DISCUSSION The Newport Bay watershed encompasses a drainage area of approximately 154 square miles including all or portions of the cities of Tustin, Newport Beach, Irvine, Lake Forest, Santa Ana, Costa Mesa, Orange, Laguna Hills, and Laguna Woods. Approximately 75 percent of Santa Ana drains to the Newport Bay via the Santa Ana Delhi Channel. The Federal Clean Water Act (FCWA) requires states to identify all seriously polluted or "impaired," water bodies. In California, the State Water Resources Control Board (SWRCB) sets maximum pollutant levels that impaired water bodies can receive. The Newport Bay Watershed has been identified as an impaired water body by the SWRCB. To meet maximum pollutant level requirements, treatment technologies and best management practices (BMPs) must be put in place within the watershed. A cooperative agreement for the management of the Newport Bay watershed was created with the main purpose of providing a management framework for parties within the watershed. The County of Orange is the lead agency for the committee and establishes a budget annually based on the requirements from the SWRCB. The FY 2010-11 budget for the entire program is $1.417 million. Each party's share is based on a formula that uses population and total area that contributes to the watershed. Santa Ana's share is calculated to be 12.24 percent or $200,000. 25B-1 Cooperative Agreement for the Newport Bay Watershed Management Area April 19, 2010 Page 2 As part of the agreement, the New ort Ba Watershed Executive Committee was established to p Y give major stakeholders a voice and input as to the direction of treatment technology and BMP selection. This cooperative agreement will add Santa Ana as a major stakeholder and provide the city with representation on the executive committee. FISCAL IMPACT Funds for the City's share of the costs are available in the Federal Clean Water Enterprise (accounting unit 05717640-62300) in the amount of $200,000 for Fiscal Year 2010-11. APPROVED AS TO FUNDS AND ACCOUNTS: r Rau odinez II Francisco Gutierrez fir, Executive Director Executive Director Public Works Agency Finance & Management Services Agency RG/SA Exhibit 1: Agreement 25B-2 Agreement D08-104 COOPERATIVE AGREEMENT FOR THE NEWPORT BAY WATERSHED AND THE CENTRAL WATERSHED MANAGEMENT AREA ' FOURTH AMENDMENT AND FULL RESTATEMENT OF COOPERATIVE AGREEMENT THIS FOURTH AMENDMENT to the Cooperative Agreement is numbered (hereinafter ~~COOPERATIVE AGREEMENT") and is made and entered into this day of 2009, by and between the County of Orange, the Orange County Flood Control District, the Cities of Irvine, Lake Forest, Newport Beach, Tustin, Santa Ana, Costa Mesa, the California Department of Fish and Game, The Irvine Company, the Regional Water Quality Control Board, Santa Ana Region and the Irvine Ranch Water District. These entities are hereinafter sometimes jointly referred to as the ~~PARTIES" and individually as ~~PARTY". W I T N E S S E T H WHEREAS, on September 30, 1983, a COOPERATIVE AGREEMENT was entered into by the County of Orange, the Cities of Irvine and Newport Beach, The Irvine Company, and the California Department of Fish and Game to implement the Comprehensive Stormwater Sediment Control Plan (hereinafter ~~PLAN") in the San Diego Creek-Newport Bay Watershed (hereinafter ~~NEWPORT BAY WATERSHED") and established the Newport Bay Watershed Executive Committee; and, WHEREAS, the primary purpose of the PLAN is to reduce sedimentation of Newport Bay; and WHEREAS, the sediment affecting Newport Bay which originates in natural open space lands as well as lands disturbed by man for agricultural and urban uses; and, WHEREAS, if sedimentation of Newport Bay is not controlled, the State owned ecological preserve in upper Newport Bay may continue to be degraded and large amounts of sediment may be deposited in lower Newport Bay, thus impairing the valuable small boat, commercial and recreational land uses; I and, - 1 - 8-26-09 25B-3 Agreement D08-104 WHEREAS, the PARTIES have limited resources with which to address the implementation of the PLAN and it is recognized that any effective implementation of the PLAN will depend upon availability of funding sources at the regional, state and federal levels; and, WHEREAS, on September 25, 1985, the COOPERATIVE AGREEMENT was amended to add the City of Tustin as a participant; and, WHEREAS, on April 20, 1999, the COOPERATIVE AGREEMENT, then numbered D99-026, was amended to add the Orange County Flood Control District, the City of Lake Forest, the Regional Water Quality Control Board, Santa Ana Region, and the Irvine Ranch Water District as participants and the purpose of the agreements was expanded to include cooperative work on nutrient impairments and other common watershed issues in the NEWPORT BAY WATERSHED; and, WHEREAS, since the last amendment of the COOPERATIVE AGREEMENT in 1999 a number of changes affecting water quality regulation, funding and governance have affected the NEWPORT BAY WATERSHED including: 1. Total Maximum Daily Loads (hereinafter ~~TMDL" or ~~TMDLs") have been approved by the Regional Water Quality Control Board, Santa Ana Region for fecal coliform on April 9, 1999, diazinon and chlorpyrifos on April 4, 2003, and organochlorine pesticides on September 7, 2007, and by the United States Environmental Protection Agency for toxic pollutants on June 14, 2002. Additional TMDLs are in development. The organochlorine pesticides TMDL recognizes that pollutants other than the organochlorine compounds, such as metals, pyrethrins or other emerging pollutants may pose the more real or significant threat to beneficial uses in the watershed and allows stakeholders to pursue an integrated approach to TMDL implementation through development and implementation of a work plan that encompasses all sources of water quality impairment; and, - 2 - 8-26-09 25B-4 ' Agreement D08-104 2. On December 20, 2004, the Regional Water Quality Control Board, Santa Ana Region approved Order No. R8-2004-0021 regulating groundwater discharges in the NEWPORT BAY WATERSHED, resulting in the formation of the Nitrogen and Selenium Management Program to comprehensively address nitrogen and selenium issues; and, 3. On February 1, 2005, the Orange County Board of Supervisors, with input from cities and special districts, recommended the formation of three Watershed Management Areas, including a Central Watershed Management Area, comprised of the NEWPORT BAY WATERSHED and the Newport Coastal Streams Watershed, with the Newport Bay Watershed Executive Committee structure to serve as the model for governance of each Watershed Management Area; and, 9. The State of California has established requirements for Integrated Regional Water Management Plans as a basis for significant grant funding under Propositions 50 and 89 resulting in the preparation of the Central Orange County Integrated Regional and Coastal Watershed Management Plan in August 2007; and, WHEREAS, the PARTIES desire to broaden the range of cooperation to incorporate the water quality regulation, funding and governance issues described above and to expand the geographic area to include the Newport Coastal Streams Watershed, consistent with the boundaries of the Central Watershed Management Area (see Exhibit 1); and, WHEREAS, the PARTIES desire to amend and restate the COOPERATIVE AGREEMENT in its entirety; and, WHEREAS, the PARTIES intend to continue to implement the PLAN unchanged under the amended and restated COOPERATIVE AGREEMENT, NOW THEREFORE: The PARTIES hereto unanimously agree to amend and restate the COOPERATIVE AGREEMENT in its entirety as follows: - 3 - 8-26-09 25B-5 Agreement D08-104 Section 1. Purpose. This Agreement is entered into for the purpose of providing a management framework for cooperation on sediment, water quality and water resource issues in the Central Watershed Management Area, including: a) Providing a forum to evaluate and assess progress toward implementing the PLAN prepared under the Federal 208 Water Quality Planning Program; b) Formulating project implementing agreements for the elements of the PLAN and to evaluate and assess the effectiveness of the various elements of the PLAN; c) Reviewing progress and providing direction on projects to address water quality impairments, including sediment, nutrients, fecal indicator bacteria, toxicity, and any emerging pollutants; d) Reviewing opportunities and providing direction for pollutant trading or offset programs; e) Reviewing opportunities and providing direction for grant funding through Integrated Regional Water Management Plans; f) Providing oversight for the Central Watershed Management Area and any updates of the Central Orange County Integrated Regional and Coastal Watershed Management Plan; and, g) Formulating project implementation agreements for any cost-shared projects (hereinafter ~~PROJECT IMPLEMENTATION AGREEMENTS", see Section 5). Section 2. Additional Parties. It is recognized that there are other parties within the watershed that have responsibilities for controlling sediment, improving water quality and water resource management. These parties include the Cities of Costa Mesa, Laguna Hills, Laguna Woods, Orange, and Santa Ana, the California Department of Transportation, the U. S. Department of Defense, the Federal Aviation Administration, utilities, and owners of large undeveloped parcels of land. The PARTIES hereto agree to engage with these other parties, as appropriate, on the sediment, water - 4 - 8-26-09 25B-6 Agreement D08-104 quality and water resource issues described above and one or more of these other parties may be requested to participate in future PROJECT IMPLEMENTATION AGREEMENTS. PARTIES may be added to this AGREEMENT with approval of the Executive Committee and upon execution of this AGREEMENT by the new PARTY. Section 3. Executive Committee. Each of the PARTIES, except for the Orange County Flood Control District which shall be represented by the County, shall appoint a member and an alternate to an Executive Committee, to be called the Newport Bay Watershed Executive Committee. The members so appointed shall elect a chair and a vice chair to serve a two-year term. The Committee shall meet from time to time upon the request of the chair, but at least every six months. The Executive Committee shall be responsible for reviewing and reporting to the PARTIES as to whether adequate and reasonable progress is being made on sediment, water quality and water resource issues in the Central Watershed Management Area and recommending PROJECT IMPLEMENTATION AGREEMENTS. The Executive Committee may establish standing committees to support it in conducting its work. The goals and desired outcomes of the work of the Executive Committee are to: a) Integrate and improve hydrologic functioning of the watershed to optimize flood protection, water conservation and water quality protection; b) Protect, enhance, restore and connect habitat in the watershed; c) Integrate economic development with watershed restoration efforts; d) Facilitate watershed stewardship to support watershed goals; e) Build and sustain effective relationships between watershed stakeholders to achieve common goals through positive communication, collaboration, consensus and coordination; and, - 5 - 8-26-09 25B-7 Agreement D08-104 f) Create an effective, efficient, innovative, responsive, and transparent Executive Committee operation. Section 4. COMPREHENSIVE STORMWATER SEDIMENTATION CONTROL PLAN. The PLAN consists of the following elements and schedules, updated to reflect current conditions: Elements Schedules A. Improve agricultural land management Completed Resource practices Conservation Plans High erosion areas Implementation ongoing Remaining areas B. Improve construction Completed Grading Ordinance Land management practices changes and training C. Install and maintain in-channel basins Completed construction (Implementation Agreement dated 9-24-84) D. Install and maintain basins in Upper Completed construction Newport Bay (Implementation Agreement dated 5-8-84) E. Channel Stabilization Undeveloped areas: Implementation ongoing As condition of development Dedicated channels: Completed initial Inventory of deficiencies stabilization (additional Stabilization stabilization ongoing) F. Foothill basins Completed construction of 7 Incorporation into drainage basins as part of planned master plan development Construction Concurrent stabilization of downstream channels G. Monitoring Implementation ongoing Cooperative agreement (Implementation Agreements Bay monitoring dated 9-10-85, 9-2-86, 1-9-91, Develop program 8-20-96, 9-20-99) Implement The PARTIES hereto agree to use their best efforts to formulate agreements to implement the PLAN. - 6 - 8-26-09 25B-8 Agreement D08-104 The Cities of Irvine, Lake Forest, Newport Beach, and Tustin and the County of Orange have and shall continue to consider adoption of programs and/or enforcement of ordinances within each agency's jurisdiction sufficient to implement Elements A and B of the PLAN. The intent of these efforts shall be to require use of the most cost effective measures for the management of sediment that is consistent with preservation of upper Newport Bay, as set forth in the PLAN. Section 5 PROJECT IMPLEMENTATION AGREEMENTS. Implementation of any cost-shared projects to address sediment, water quality and water resource issues shall be accomplished through PROJECT IMPLEMENTATION AGREEMENTS. PROJECT IMPLEMENTATION AGREEMENTS for the PLAN shall designate a lead agency and shall provide for funding the anticipated construction and maintenance costs. The PARTIES to this COOPERATIVE AGREEMENT as well as other parties in the watershed may be participants in these PROJECT IMPLEMENTATION AGREEMENTS. Section 6. Amendment. This Agreement may be amended only with the unanimous approval of all PARTIES. Section 7. Termination. The term of this COOPERATIVE AGREEMENT shall commence upon the date when all PARTIES have executed this document and shall continue until three or more of the PARTIES have withdrawn as provided in Section 9 below. Section 8. Project Funding. All PARTIES shall use their best efforts to aid the lead agencies designated in PROJECT IMPLEMENTATION AGREEMENTS in advocating for funding, including grants, to fund the cost-shared projects. Section 9. Withdrawal of PARTIES. Any of the PARTIES to this COOPERATIVE AGREEMENT may withdraw by giving written notice of withdrawal to the other PARTIES to this COOPERATIVE AGREEMENT. The balance of the PARTIES - 7 - 8-26-09 25B-9 Agreement D08-104 shall continue in the performance of the terms and conditions of this EMENT is COOPERATIVE AGREEMENT unless and until the COOPERATIVE ACRE terminated as provided in Section 7 above. Section 10. Status of Original Agreement. Upon approval of this AGREEMENT by all PARTIES, the original COOPERATIVE AGREEMENT of September 30, 1983, as amended on September 25, 1995 and April 20, 1999, will be superseded by this AGREEMENT. Section 11. AGREEMENT Execution. This AGREEMENT may be executed in counterpart and the signed counterparts shall constitute a single instrument. IN WITNESS WHEREOF, the PARTIES hereto have executed this COOPERATIVE AGREEMENT the day and year first above written. - 8 - 8-26-09 25B-10 Exhibit 1 j op CENTRAL WATERSHED MANAGEMENT AREA ~r N i ~ t.t?~,ti ~ P~ie~'~rtr=a; ~~i''V i ~ ~ s ~ .1 t1€~,.t ~ P CENTRAL ' ~ ~ ~ WATERSHED . MANGEMENT ~ , .::'AREA 4~. ~ ~ ~ ~ ~ oxnxc~ _ i court tJainc. f ~ ~ soars Newport Say i 'TiJ{'1']li W at c rs h c d ~ ~r ilyjnoc~pbtlltlH( 'i., ~ ~ -~r aevixs ' j3~ r+ "Z+- 1 ~ ~ ~ n~~.,,~,~,~~ 2IfaIPO!!T II~ ~ WF ft i";)IEU ~ II>QAC~ ~ ' at ~ ~t=r, stt.n~l r,~r,n Newport ,rY _ Coestal~... Streams Watershed Data $OUfCe: C+hmalits laid Idartnaligy S1su~u Dinsim CN>~'.~ N Design and Prodl~ced Br a ~ wulcz cis l~r~y u~a c~a Gp~ oenva Date: Maq 5, 2008 0 3 io.oao ~~,ooo COUNTY OF QRANGE, CALIFORNIA 25B-11 IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the day and year first above written. COUNTY OF ORANGE/ORANGE COUNTY FLOOD CONTROL DISTRICT Date: By: Chairman of the Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS AGREEMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD By: DARLENE J. BLOOM Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO FORM: COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA Date: By: Deputy County Counsel 25B-12