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HomeMy WebLinkAbout05 - Central Watershed Management Area AgreementCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 5 February 23, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Robert Stein 949 - 644 -3322 or rstein @newportbeachca.gov SUBJECT: CENTRAL WATERSHED MANAGEMENT AREA COOPERATIVE AGREEMENT 4T" AMENDMENT RECOMMENDATION: Adopt Resolution No. _ to amend the cooperative agreement for the Newport Bay Watershed and the Central Watershed Management Area and authorize the Mayor and City Clerk to execute the amendment. DISCUSSION: The preservation and restoration of Upper Newport Bay remains an important priority for the residents of Newport Beach and the Newport Beach City Council. As an estuary in the middle of a highly urbanized county, the Bay confronts a variety of impacts to its ecosystem - including sediment and pollutants (selenium, legacy pesticides, nitrogen, phosphates, bacteria, and more) from upstream agricultural practices, land development activities and runoff from the highly urbanized watershed. Most of these I deposits degrade the Bay's ecosystem and adversely impact wildlife habitat. i In 1983, a cooperative agreement was entered into by five entities, including the City of Newport Beach, for the primary purpose of providing a management framework for I cooperating on development of a plan to reduce sedimentation of Newport Bay. The cooperative agreement has been amended twice to add participants and to expand the planning efforts to include cooperative work on nutrient impairments and other common watershed issues. Under this proposed amendment, the Cities of Costa Mesa and Santa Ana will become members under the cooperative agreement. Additionally, with adoption of the amendment, the agreement will allow other parties with a stake in resolving water quality issues in the watershed to be added to this agreement with approval of the Executive Committee without the need to approve a future amendment to the cooperative agreement. Central Watershed Management Area Cooperative Agreement Amendment February 23, 2010 Page 2 Funding: Approval of this cooperative agreement does not require funding. If this amendment is approved, the City of Newport Beach agrees to make its best effort in working with the other parties to formulate agreements, including future funding agreements, to implement watershed planning efforts. Prepared by: Submitted by: Robert Stein Step a G. Badum Assistant City Engineer Pr} li orks Director Attachments RESOLUTION NO. 2010- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE 4th AMENDMENT TO THE COOPERATIVE AGREEMENT FOR NEWPORT BAY WATERSHED AND THE CENTRAL WATERSHED MANAGEMENT AREA Whereas, the City of Newport Beach is in a cooperative agreement with various entities that have an interest in preserving and protecting the Upper Newport Bay; and Whereas, the Newport Bay Watershed Executive Committee which oversees the implementation of the cooperative agreement has determined that it is in the Bay's best interest to amend the existing agreement to allow the Cities of Costa Mesa and Santa Ana to become members under the cooperative agreement; and Whereas, it is also in the Bay's best interest to amend the existing agreement to allow other parties to be added to this agreement with approval of the Executive Committee; NOW, THEREFORE, be it resolved by the City Council of the City of Newport Beach that the City hereby approves the 4th Amendment to the Cooperative Agreement for the Newport Bay Watershed and the Central Watershed Management Area. The Mayor and City Clerk are hereby authorized and directed to execute this agreement by and on behalf of the City of Newport Beach. Adopted this 23`d day of February, 2010. Mayor ATTEST: City Cleric 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 thereinafter "COOPERATIVE AGREEMENT ") and is made and entered into this day of 1 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; and, - 1 - 8 -26 -09 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 I 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: I. 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 chlorpyrifes on April 4, 2003, and organochlorine pesticides on i September 7, 2007, and by the United States Environmental Protection Agency for toxic pollutants on June 14, 2002. Additional TMDLS are j 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 j i through development and implementation of a work plan that encompasses all sources of water quality impairment; and,. - 2 - 8 -26 -09 Agreement D08 -104 2. On December 20, 2004, the Regional Water Quality Control Board, Santa Ana Region approved Order No. R8- 2004 -0027. 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, 4. The State of California has established requirements for Integrated Regional Water Management Plans as a basis for significant grant funding under Propositions 50 and 84 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 r restate the COOPERATIVE AGREEMENT in its entirety as follows: - 3 - 8 -26 -09 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 FLAN prepared under the Federal 208 Water Quality Planning Program; b) Formulating project implementing agreements for the elements of the PLAN .I 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, j g) Formulating project implementation agreements for any cost - shared projects (hereinafter "PROJECT IMPLEI9E11TATION 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 Agreement. D08 -109 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 -OS Agreement DOB -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 Incorporation into drainage master plan Construction G. Monitoring Cooperative agreement Bay monitoring Develop program Implement Completed construction of 7 basins as part of planned development Concurrent stabilization of downstream channels Implementation ongoing (Implementation Agreements dated 9- 10 -85, 9 -2 -86, 1 -9 -91, 8- 20 -96, 4- 20 -99) The PARTIES hereto agree to use their best efforts to formulate agreements to implement the PLAN. - 6 - 8 -26 -09 Agreement 008 -109 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, 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 i i 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 Agreement D08 -104 shall continue in the performance of the terms and conditions of this COOPERATIVE AGREEMENT unless and until the COOPERATIVE AGREEMENT is 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 CENTRAL WATERSHED MANAGEMENT AREA NORTH WATERSHED MANAGEMENT AREA CENTRAL WATERSHED Ievtoc MANGEMENT� AREA I I ti f L Vntno. c, \ 1 Vi SANTA ANA ..� T13STIM CALIFORNIA > „ i � z Vcwpart V:,y Wa�rsf)ed r r IRVINE 1 MESA w AAOVdA 1 tip;: n NE EACH acACx �� } Newport -i slf W.'1t CCS tICd�,.. } 1 t°,i. II SOUTH WATERSHED MANAC F,MF.N'i APEA l ;u rnic. Data Source n OCEAN Design and Produced By Y l:UUN 1 Y UI" UKHIV hL, I, A L I t U KIV 11 i <r fIX.ii: Wanx Gv cvi wolid }/ Date May 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 CITY OF IRVINE Date: ATTEST: City Clerk 2009 By: APPROVED AS TO FORM: CITY OF NEWPORT BEACH Date: , 2009 ATTEST: City Clerk CITY OF TUSTIN Date: ATTEST: City Clerk 2009 By: APPROVED AS TO FORM: THE IRVINE RANCH WATER DISTRICT 7y: Chairman Date: 2009 APPROVED AS TO FORM: Attorney for Irvine Ranch Water CALIFORNIA DEPARTMENT OF FISH AND GAME Date: 2009 By: APP Attorney for California Department of Fish and Game CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD, SANTA ANA REGION Date: 2009 M APP Attorney for California Regional Water Quality Control Board, Santa Ana Regio THE IRVINE COMPANY Date: 2009 By: President of the Irvine Company APPROVED AS TO FORM: Attorney for the Irvine Company