HomeMy WebLinkAbout05 - Central Watershed Management AreaCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 5
July 14, 2009
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Robert Stein
949 - 644 -3322 or rstein @city.newport- beach.ca.us
SUBJECT: CENTRAL WATERSHED MANAGEMENT AREA COOPERATIVE
AGREEMENT AMENDMENT
RECOMMENDATIONS:
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
deposits degrade the Bay's ecosystem and adversely impact wildlife habitat.
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
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.
The proposed new amendment to the cooperative agreement will further broaden the
scope of watershed planning efforts under the existing management framework to include
consideration of new water quality regulation, funding and governance issues, and to
expand the geographic area to include the Newport Coast Watershed within the
boundaries of the Central Watershed Management Area.
Folding the Newport Coast Watershed into the Newport Bay Watershed planning area
is practical as the whole of Newport Beach (aside from a small portion of West Newport
Beach which drains to the Santa Ana River) will now be under one reviewing entity, the
Central Watershed Management Area Cooperative Agreement Amendment
July 14, 2009
Page 2
Watershed Executive Committee. This will facilitate implementation of future
watershed -wide programs and applications for water - resource grants. It also makes
sense from a hydrologic point of view as both Newport Bay and Newport Coast
watersheds drain to the same receiving waters (the Areas of Special Biological
Significance). Finally, it will make the limits of this area consistent with the Regional
Water Quality Control Board's current efforts to include the Newport Coast Watershed
within the area of the Region 8 Basin Plan.
Funding:
Approval of this cooperative agreement requires no 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 Stem Ste e . Badum
Assistant City Engineer ,9 61i orks Director
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Agreement D08-
BAY WATERSHED AND
MANAGEMENT AREA
THIRD AMENDMENT AND FULL RESTATEMENT OF COOPERATIVE AGREEMENT
THIS THIRD AMENDMENT to the Cooperative Agreement is numbered D08 -104
(hereinafter "COOPERATIVE AGREEMENT ") and is made and entered into this
day of , 2009, by and between the County of Orange, the Orange
County Flood Control District, the Cities of Irvine, Lake Forest, Newport
Beach, Tustin, 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;
land,
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Agreement
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 ,umbe red
D99 -026, was amended to add the Orange County flood Control Distr.ic C., the
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
chlorpyrifos on April 4, 2003, and organochlorine pesticides on
September 7, 2007, and by the United States Environmental Protection
Agency for toxic pollutants on June 14, 2002. Additional TMDLs are
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
through development and implementation of a work plan that
encompasses all sources of water quality impairment; and,
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Agreement D08 -1
2. On December 20, 2004, the Regional Water Quality Control Board,
Santa Ana Region approved Order No. R8- 2004 -0021 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, cornprised 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 64 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
restate the COOPERATIVE AGREEMENT in its entirety as follows:
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Agreement D08-
Section 1. Purpose. This Agreement is entered into.for the purpose of
�Iproviding 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
PLAN prepared under the Federal 208 Water Quality Planning Program;
b) Foc:nulating project implementing agreements for the elements of the PLAN
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,
g) Formulating project implementation agreements for any cost - shared projects
thereinafter "PROJECT IMPLEMENTATION 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
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Agreement D08-
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.
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 &a; Exe,- uti• -.:e 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 ro 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;
'Id) 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,
f) Create an effective, efficient, innovative, responsive, and transparent
26 II Executive Committee operation.
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Agreement
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.
The Cities of Irvine, Lake Forest, Newport Beach, and Tustin and the
County of Orange have and shall continue to consider adoption of programs
land /or enforcement of ordinances within each agency's jurisdiction sufficient
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Agreement DOB -104
Ito 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, water 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
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
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.
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Agreement 008 -1
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 WREREOF, the PARTIES hereto have executed this COOPERATIVE
AGREEMENT the day and year first above written-
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Exhibit 1
CENTRAL WATERSHED MANAGEMENT I
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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 -F
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
By:
2009 Mayor
APPROVED AS TO FORM:
City Attorney of Irvine
CITY OF LAKE FOREST
Date:
'.TTEST:
City Clerk
2009
By:
Mayor
APPROVED AS TO FORM:
City Attorney of Lake Forest
CITY OF NEWPORT BEACH
By:
Date: 2009 Mayor
.'vTT Ei T: 'PPP
OVED AS TO FORM:
City Clerk y At or e 0port Beach
CITY OF TUSTiN
Date:
3TT:,5
City Clerk
2009
By:
Mayor
',P PPCiEfi
AS TO FORf9:
City Attorney of Tustin
THE IRVINE COMPANY
Date:
2009
6y:
President of the Irvine Companv
APPROVED AS TO FORM:
Attorney for the Irvine Company
THE IRVINE RANCH. WATER DISTRICT
By:
Date: 2009
APPROVED AS 'ice HOPm:
Attorney for Irvine Ranch Water District
CALIFORNIA DEPARTMENT OF FISH AND GAME
Date:
By:
2-009 Director
APPROVED AS TO FORM:
Attorney For California Department o
Fish and Game
CALIFORNIA REGIONAL WATER QUALITY CONTROL
BOARD, SANTA ANA REGION
:-
Chairman
Dar...: �no.a
A PPP'0- ED r.$ TO .° Pq-I:
Attorney for California Regional. water
Quality Control Board, Santa Ana Region
RESOLUTION NO. 2009-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE THE 3`d 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 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 broaden the scope of the agreement to include consideration of
new water quality regulation, funding and governance issues and to expand the
geographic area to include the Newport Coast Watershed.
NOW, THEREFORE, be it resolved by the City Council of the City of Newport
Beach that the City hereby approves the Td 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 14 "' day of July, 2009.
Mayor
ATTEST:
City Clerk