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03.11 Newport Bay Watershed Cooperative Agreement1. SUBJECT Cooperative Agreement MA- 080 - 18011416 to Fund Total Maximum Daily Load (TMDL) programs and related activities in the Newport Bay Watershed. 2. SUMMARY Agreement MA- 080 - 18011416 is the successor agreement to Agreement D11 -066. It provides for continued studies, monitoring, program development/revisions, pilot projects, and long -term maintenance funding to attain TMDL targets within the Newport Bay watershed. It replaces Agreement D11 -066, which expired June 30, 2018. Parties to the agreement include the City of Orange (City), the County of Orange, Orange County Flood Control District, eight watershed cities, the Irvine Company, and the Irvine Ranch Water District. The Agreement provides for cost sharing of expenditures within the watershed based on a formula that includes land and population (with a minimum share of one percent). The City's share of the budget for fiscal year 2018 -2019 is 1.0 %. 3. RECOMMENDED ACTION 1. Approve Agreement MA- 080 - 18011416 and authorize the Mayor and City Clerk to execute the Amendment and fourteen additional signature pages for distribution to each party participating in this agreement. 2. Authorize the City Manager to extend the term of agreement from the date of execution of the agreement by all parties to June 30, 2023. 4. FISCAL IMPACT Funds are budgeted and available in the following account: 220.5024.51670.00000 Other Professional and Consulting Services $ 327,000 5. STRATEGIC PLAN GOAL(S) 3. Enhance and promote quality of life in the community — b) Deliver high quality and safe recreational, social, environmental, educational and cultural services. c) Support and enhance attractive, diverse living environments. e) Develop and strengthen collaborative partnerships to enhance and promote quality of life programs, projects and services. 6. GENERAL PLAN IMPLEMENTATION Natural Resources Element Goal 2.0 Protect air, water, and energy resources from pollution and overuse. Policy 2.13: Control surface runoff water discharges into the stormwater conveyance system to comply with the City's National Pollutant Discharge Elimination System (NPDES) Municipal Permit and other regional permits issued by the Santa Ana Regional Water Quality Control Board. Policy 2.16: Protect in- stream habitat and natural stream and channel features. Natural Resources Element Goal 4.0 Conserve and protect wildlife habitat, plant and animal species of concern, and general biodiversity. Policy 4.3: Reduce the impact of urban development on important ecological and biological resources. 7. DISCUSSION and BACKGROUND Agreement MA- 080 - 18011416 is a cooperative agreement to fund programs, studies, monitoring, and other elements required to implement the fecal coliform, nutrient and toxics Total Maximum Daily Load (collectively referred to as the Newport Bay TMDLs) requirements within the San Diego Creek and Newport Bay watershed (collectively referred to as the Newport Bay watershed). This agreement replaces Agreement D -11 -066 and subsequent amendments, previously approved by City Council. These were developed to assist the City and other Newport Bay watershed cities to comply with the TMDL requirements established for nutrients and fecal coliform in 1998 and 1999 by the Santa Ana Regional Water Quality Control Board, and for the toxics TMDLs for selenium, DDT, chlordane and other toxic compounds established by the Environmental Protection Agency (EPA) in June 2002. Parties to D -11 -066 included the City, the County of Orange, the Orange County Flood Control District, the Irvine Ranch Water District, the Irvine Company and eight other cities within the Newport Bay watershed. Agreement D -11 -066 was amended over the years to add or remove parties and extend the expiration date of the agreement to June 30, 2018. Due to the expiration of Agreement D -11 -066, Agreement MA- 080 - 18011416 will continue implementation of existing watershed programs and compliance measures to June 30, 2023. In addition, MA- 080 - 18011416 revises the existing cost share formula slightly, allows for additional projects, and includes other minor revisions. ITEM 2 07/10/18 The Agreement includes a formula for determining a party's share of the watershed costs based on population and net land within the watershed, an equal split for some compliance responsibilities, and the minimum share of one percent. For fiscal year 2018 -19, the City's share of the watershed budget increases slightly from 0.94% to the minimuml.0% ($13,326). This figure may be revised in future years based on the cost share formula. However, it is not expected to change significantly. As noted above, the term of the agreement is for five years. 8. ATTACHMENTS • Agreement MA- 080 - 18011416 ITEM 3 07/10/18