City of Corona
Staff Report
400 S. Vicentia Ave.
Corona, CA 92882
File #: 22-0455
REQUEST FOR CITY COUNCIL ACTION
DATE: 06/01/2022
TO: Honorable Mayor and City Council Members
FROM: Public Works Department
SUBJECT:
Amendment No. 2 to the Interagency Agreement for the Middle Santa Ana River Total Maximum Daily Load Task Force.
EXECUTIVE SUMMARY:
City Council consideration to approve Amendment No. 2 to the Interagency Agreement for the Middle Santa Ana River Total Maximum Daily Load Task Force. The agreement establishes a task force to cooperatively complete watershed-wide tasks to comply with Total Maximum Daily Load regulations or allowable release of waters into the Santa Ana River. The agreement also establishes cost-sharing criteria and develops plans, programs, and studies as it relates to the Santa Ana River. It also Amendment No. 2 will ensure that the City of Corona continues with the Task Force Total Maximum Daily Load compliance activities through June 30, 2027.
RECOMMENDED ACTION:
That the City Council:
a. Approve Amendment No. 2 to the Agreement to Form the Middle Santa Ana River Total Maximum Daily Load Task Force to extend the term to June 30, 2027. b. Authorize the City Manager, or his designee, to execute Amendment No. 2 to the Agreement to Form the Middle Santa Ana River Total Maximum Daily Load Task Force BACKGROUND & HISTORY:
In 2002, Santa Ana Watershed Project Authority (SAWPA), a Joint Powers Authority, began administering the Total Maximum Daily Load (TMDL) Workgroup to regulate allowable release of waters into the Santa Ana River. This work group organizes and facilitates meetings among the agencies and performs functions that regulates the dischargers into the Santa Ana River as it relates City of Corona Page 1 of 3 Printed on 5/26/2022
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File #: 22-0455
to the permitting requirements. The workgroup focuses on:
· Organizing and facilitating TMDL Task Force meetings
· Performing secretarial, clerical, and administrative services, including providing meeting summaries to TMDL Task Force members
· Managing TMDL Task Force funds and prepare annual reports of TMDL Task Force assets and expenditures
· Acting as the contractor party, for the benefit of the TMDL Task Force, for contracts with all consultants, contractors, vendors, and other entities
· Seeking funding grants to assist with achieving the work of the TMDL Task Force and other goals and objectives of the TMDL Task Force
· Coordinating with other agencies and organizations as necessary to facilitate TMDL Task Force work
· Preparing quarterly and annual reports, as required by the TMDL Implementation Plan or as requested by the TMDL Task Force, and submit them as required by the TMDL Implementation Plan or as requested by the TMDL Task Force on behalf of the TMDL Task Force
· Providing TMDL Task Force Members an opportunity to comment and approve any reports or other work product developed
· Coordinating and facilitating the addition of other dischargers to the TMDL Task Force · The Workgroup's purpose was to conduct studies necessary to analyze sources of impairments, identify potential mitigation measures, and coordinate activities among all the various stakeholders.
On May 16, 2007, the City of Corona entered into the original agreement to form the Middle Santa Ana River Total Maximum Daily Load (MSAR TMDL) Task Force. The Task Force was formed to implement TMDLs adopted by Santa Ana Regional Water Quality Control Board (SARWQCB) to address exceedances of established environmental standards to protect the use of water bodies located within the MSAR Watershed. The agreement established a partnership with several key watershed stakeholders, which include San Bernardino County Flood Control District, the Riverside County Flood Control and Water Conservation District, City of Norco, City of Riverside, City of Eastvale, City of Jurupa Valley, County of Riverside, City of Claremont, City of Pomona, the Santa Ana Region Regional Water Quality Control Board, Agricultural Operators represented by Chino Basin Watermaster, the Santa Ana Watershed Project Authority, and the City of Corona.
The MSAR TMDL was adopted by the SARWQCB on August 26, 2005, by Resolution R8-2005-0001, naming the Santa Ana River Reach 3 as one of the impaired waterbodies for pathogen indicators.
Because the City of Corona releases waters into the Santa Ana River, it must comply with TMDL requirements, including pathogen indicator waste load allocations for urban discharges and specific compliance schedules. Collectively, the Task Force Agreement enables stakeholders to address TMDL compliance activities; the City of Corona is one of the stakeholders.
ANALYSIS:
Since the formation of the Task Force in April 2007, there have been two agreements, each lasting five years. The first agreement was issued on April 17, 2007, and expired on November 30, 2012, and the second was issued on December 1, 2012, and expired on December 31, 2017. Amendment City of Corona Page 2 of 3 Printed on 5/26/2022
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File #: 22-0455
and the second was issued on December 1, 2012, and expired on December 31, 2017. Amendment No. 1 allowed the Task Force to continue operating under the second agreement, but it is set to expire on December 31, 2022. A new Amendment No. 2 has been prepared by SAWPA to extend the term of the Task Force for four and one-half years to June 30, 2027.
Withdrawal from or non-participation in the agreement will require the City of Corona to separately comply with all requirements established for urban discharges in the MSAR.
FINANCIAL IMPACT:
The cost-share for the City of Corona for Fiscal Year 2022 is $14,191. This cost-share has been appropriated in the Fiscal Year 2022 budget through the City's share of County Service Area Assessment, or CSA 152 (NPDES Fund 245). For Fiscal Year 2023, the cost-share in the amount of $12,155 has been included in the Proposed Fiscal Year 2023 Operating Budget.
Additionally, the pro-rata cost share for the City of Corona for the following four Fiscal Years shall be approximately $15,000 annually, which will be requested in advance by SAWPA to be included in the appropriate year’s annual budget process.
If the City were to not approve Amendment No. 2, the City would incur significantly greater costs in order to comply with all requirements established for urban discharges in the MSAR. These costs would include hiring an additional full-time staff member to coordinate with regulatory entities and perform all associated monitoring duties, costs for water quality sampling, and any costs associated with non-compliance. A rough estimate of this cost would exceed $200,000 annually.
ENVIRONMENTAL ANALYSIS:
This action is exempt pursuant to Section 15061(b)(3) of the Guidelines for the California Environmental Quality Act (CEQA), which states that a project is exempt from CEQA if the activity is covered by the commonsense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. This action is an amendment to an agreement, and there is no possibility this will have a significant effect on the environment. Therefore, no environmental analysis is required.
PREPARED BY: CORDELL CHAVEZ, ENVIRONMENTAL COMPLIANCE SUPERVISOR REVIEWED BY: SAVAT KHAMPHOU, PUBLIC WORKS DIRECTOR
Attachments:
1. Exhibit 1 - Amendment No. 2 of the Agreement to form the Middle Santa Ana River TMDL Task Force
2. Exhibit 2 - Agreement to Form the Middle Santa Ana River Watershed TMDL Task Force (including Amendment No. 1)
City of Corona Page 3 of 3 Printed on 5/26/2022
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