Agenda Item
City Council
Item #: 3.3. 4/11/2023 File #: 23-0171
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director
1. SUBJECT
Approval of Cooperative Agreement MA-080-23010376 to Fund Total Maximum Daily Load programs and related activities in the Newport Bay Watershed.
2. SUMMARY
Cooperative Agreement MA-080-23010376 provides for continued studies, monitoring, program development/revisions, pilot projects, and long-term maintenance funding to attain Total Maximum Daily Load (TMDL) targets within the Newport Bay watershed. It replaces Agreement MA-080- 18011416, and continues for a five-year term commencing July 1, 2023. Parties to the agreement include the City of Orange, the County of Orange, Orange County Flood Control District, eight watershed cities, the Irvine Company, and Irvine Ranch Water District. The Agreement provides for cost sharing of expenditures within the watershed based on a formula that includes land and population. The City’s share of the budget for Fiscal Year 2023-24 is 1.0 %, or $15,000 per year.
3. RECOMMENDED ACTION
Approve five-year Cooperative Agreement MA-080-23010376 with the County of Orange, Orange County Flood Control District, eight watershed cities, the Irvine Company, and Irvine Ranch Water District, in the amount of $75,000 and authorize the Mayor and City Clerk execute on behalf of the City.
4. FISCAL IMPACT
The annual expenditure for this five-year agreement is $15,000 for an estimated total cost of $75,000 and will be funded through Sewer (220).
5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b: Provide and maintain infrastructure necessary to ensure the safety of the public.
Goal 3: Enhance and promote quality of life in the community a: Renovate, maintain, develop, and/or expand public use places and spaces. c: Support and enhance attractive, diverse living environments.
6. DISCUSSION AND BACKGROUND
Agreement MA-080-23010376 is a cooperative agreement to fund programs, studies, monitoring, and other elements required to implement the fecal coliform, nutrient and toxics Total Maximum Daily City of Orange Printed on 4/5/2023Page 1 of 2
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Item #: 3.3. 4/11/2023 File #: 23-0171
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, approved by City Council, that were developed to assist the City of Orange (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 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 of Orange, 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 upcoming expiration of Agreement MA-080-18011416, Agreement MA-080-23010376 was developed to continue implementation of existing watershed programs and compliance measures to June 30, 2028. In addition, MA-080-23010376 continues the existing cost share formula, allows for additional projects, and includes other minor revisions.
The Agreement includes a formula for determining a party’sshare of the watershed costs that is 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 2023-24, Orange’sshare of the watershed budget remains at the minimum 1.0%, estimated at $15,000 per year. This figure may be revised in future years based on the cost share formula. However, it is not expected to change much. As noted above, the term of the agreement is for 5 years.
8. ATTACHMENTS
· Agreement MA-080-23010376
City of Orange Printed on 4/5/2023Page 2 of 2
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