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