HomeMy WebLinkAbout2007-07-10; City Council; 19080; Cost Share Agreement Carlsbad Hydro Unit21
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AB# 19,080
MTG. 07/10/07
DEPT. ENG
CITY OF CARLSBAD - AGENDA BILL
APPROVAL OF COST-SHARE AGREEMENT FOR THE
CARLSBAD HYDROLOGICAL UNIT TO ESTABLISH
RESPONSIBILITIES UNDER THE
REGIONAL WATER QUALITY CONTROL BOARD
INVESTIGATIVE ORDER R9-2006-076
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RECOMMENDED ACTION:
Adopt Resolution No. 2007-176 approving the City of Carlsbad's participation in Carlsbad
Hydrological Unit Cost-Share Agreement to achieve compliance with the Regional Water Quality
Control Board (Regional Board) Order R9-2006-076, and authorizing the Mayor as signature authority
for the agreement.
ITEM EXPLANATION:
The Clean Water Act (CWA) section 303(d) requires states to develop a list of waterbodies that do not
or are not expected to meet water quality standards after implementing technology-based pollution
controls, such as filters. The U.S. Environmental Protection Agency has delegated authority for
enforcement of the requirements under section 303 (d) of the CWA to the State Water Resources
Control Board which, in turn, has delegated this authority to the San Diego Regional Water Quality
Control Board (Regional Board).
Hydrologic units are generally comprised of total river basins, contiguous small watersheds having
similar hydrologic characteristics or a closed drainage area. The City of Carlsbad is one of the
responsible parties in the Carlsbad Hydrologic Unit. The others are the County of San Diego,
Caltrans, Hale Avenue Resource Recovery Facility, and the incorporated cities of Escondido, San
Marcos, Encinitas, Oceanside, Solana Beach and Vista. The Regional Board has identified several
waterbodies in the Carlsbad Hydrological Unit that are listed as water quality limited, including Loma
Alta Slough and Pacific Ocean Shoreline, Buena Vista Lagoon and Pacific Ocean Shoreline, Agua
Hedionda Lagoon and Creek, and San Elijo Lagoon and Pacific Ocean Shoreline. As water quality
limited segments, Total Maximum Daily Loads (TMDLs) must be developed pursuant to section
303(d) in order to attain water quality objectives and restore the waterbodies' beneficial uses.
The Regional Board explains the TMDL requirement as follows:
The Total Maximum Daily Load (TMDL) program is required under Clean Water Act (CWA)
Section 303(d). There are still stream, lakes and coastal waters within this Region that do not
meet certain water quality standards. CWA Section 303(d) addresses these waters by requiring
states to identify the waters and develop total maximum daily loads (TMDLs) for them. A TMDL is
a quantitative assessment of water quality problems, contributing sources, and load reductions or
control actions needed to restore and protect bodies of water.
To improve water quality in these listed waterbodies, the Regional Board has issued an Investigative
Order requiring the responsible parties in the Carlsbad Hydrological Unit, including the City of
Carlsbad, to furnish Monitoring Program data. This data will be used to develop TMDLs for the
pollutants which are causing water quality to be less than what is required under the Clean Water Act.
FOR CITY CLERKS USE ONLY
COUNCIL ACTION: APPROVED
DENIED
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The parties in the Carlsbad Hydrologic Unit have agreed to work together to fulfill the requirements of
the Order for Loma Alta Slough, Buena Vista Lagoon, Agua Hedionda Lagoon, and San Elijo Lagoon.
There are costs associated with complying with this Order, and the costs will be shared among the
parties, in proportion to their level of responsibility for the impaired waterbodies.
The City of Encinitas has agreed to lead the effort by providing project management and contract
administration services for the parties and will hire a consultant to perform the services described in
the Order. The City of Carlsbad, as an affected party in the Carlsbad Hydrologic Unit, will benefit from
this agreement by being in compliance with the Regional Board's Order, and having sound scientific
data to support any decisions made by the Board with respect to TMDLs for waterbodies within the
City Limits.
ENVIRONMENTAL IMPACT:
This project is categorically exempt from the environmental review process under Section 15306 of
Public Resources Code (California Environmental Quality Act).
FISCAL IMPACT:
The total cost of the TMDL Investigative Order is projected to be $2,597,362 for FY 07-08 and
FY 08-09. The City of Carlsbad's proportionate share of this cost is $250,053 for FY 07-08 and
$102,178 for FY 08-09. A request for funding for this expense for FY 07-08 has been included in the
Storm Water Protection Program's budget for 2007-08. This expense will be borne by the Storm
Water Fund.
EXHIBITS:
1. Resolution No. 2007-176 approving the City of Carlsbad's participation in the Carlsbad
Hydrological Unit Cost-Share agreement and authorizing the Mayor as signature authority to
the agreement.
2. Cost-Share Agreement Investigative Order R9-2006-076 Carlsbad Hydrologic Unit.
3. Summary of Estimated Costs for Investigative Order R9-2006-076 Carlsbad Hydrologic Unit.
DEPARTMENT CONTACT: Elaine Lukey, 760-602-7582 eluke@ci.carlsbad.ca.us
1
RESOLUTION NO. 2007-176
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, AUTHORIZING APPROVAL OF A
COST-SHARE AGREEMENT FOR THE CARLSBAD
4 HYDROLOGICAL UNIT TO ESTABLISH RESPONSIBILITIES
UNDER THE REGIONAL WATER QUALITY CONTROL BOARD
5 INVESTIGATIVE ORDER R9-2006-076 AND APPOINTING A
SIGNATURE AUTHORITY.
6
WHEREAS, the San Diego Regional Water Quality Control Board, acting under the
authority delegated to it by the State Water Resources Control Board, has determined that
8
Loma Alta Slough, Buena Vista Lagoon, Agua Hedionda Lagoon, and San Elijo Lagoon are
g
impaired water bodies in the Carlsbad Hydrological Unit under the Clean Water Act, Section 303
10 (d);and
11 WHEREAS, the Regional Board has issued an Investigative Order requiring that the
12 responsible parties in the Carlsbad Hydrological Unit furnish Monitoring Data to help establish a
13 Total Maximum Daily Load (TMDL) for contaminants; and
14 WHEREAS, the Regional Board has determined that the responsible parties in the
15 Carlsbad Hydrologic Unit are the County of San Diego, Caltrans, Hale Avenue Resource Recovery
Facility, and the incorporated cities of Carlsbad, Escondido, San Marcos, Encinitas, Oceanside,16
Solana Beach, and Vista; and
17
WHEREAS, the responsible parties have agreed to work together to achieve the results
18
desired by the Regional Board and hire a consultant to gather the required data; and
19 WHEREAS, there are expenses associated with administering the contract with the
20 consultant.
21 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
22 California, as follows:
23 1. That the above recitations are true and correct.
24 2. The City of Carlsbad is hereby authorized to join the responsible parties in the
25 cost-share agreement.
pfi 3. The Mayor is authorized to sign the cost-share agreement on behalf of the City.
4. The City of Carlsbad agrees to contribute its proportional share of the total cost
of the agreement.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 10th day of July, 2007, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall and Nygaard.
NOES: Council Member Packard.
ABSENT: None.
(SEAL)
COST-SHARE AGREEMENT
Investigation Order R9-2006-076
Carlsbad Hydrologic Unit
This Cost Share Agreement (AGREEMENT) entered into , 2007,by the County of San Diego
(hereinafter called County), California Department of Transportation (hereinafter called Caltrans), Hale
Avenue Resource Recovery Facility (hereinafter called HARRF), and the incorporated cities of Carlsbad,
Escondido, San Marcos, Encinitas, Oceanside, Solana Beach, and Vista, (hereinafter collectively called
PARTIES and individually called PARTY), to establish the responsibilities of each Party with respect to
compliance with the Investigation Order R9-2006-076 administered by the California Regional Water
Quality Control Board, San Diego Region (hereinafter called SDRWQCB) in accordance with the Clean
Water Act (CWA section 303(d).
RECITALS
1. WHEREAS, the Clean Water Act (CWA) section 303(d) requires states to develop a list of
waterbodies that do not or are not expected to meet water quality standards after implementing
technology-based controls; and
2. WHEREAS, Loma Alta Slough and Pacific Ocean Shoreline, Buena Vista Lagoon and Pacific
Ocean Shoreline, Agua Hedionda Lagoon and Creek, and San Elijo Lagoon and Pacific Ocean Shoreline
have been listed, by the State Water Resources Control Board (SWRCB) as water quality limited
segments for which Total Maximum Daily Loads (TMDLs) must be developed pursuant to section 303(d)
in order to attain water quality objectives and restore the waterbody's beneficial uses; and
3. WHEREAS, the SWRCB as designee of the U.S. EPA has delegated authority to the SDRWQCB
for administration of the TMDLs within the boundaries of its region; and
4. WHEREAS, the SWRCB has determined that water quality monitoring data are needed to
develop TMDLs, and load and wasteload allocations for the water quality limited segments for each
impairing pollutant and the Water Code section 13267 authorize the SDRWQCB to require the submission
of monitoring program reports from any person discharging pollutants into waters of the State; and
5. WHEREAS, the SDRWQCB has adopted Investigation Order R9-2006-076 (Order), attached as
Exhibit 1 to this Agreement and incorporated herein by reference, which orders the responsible parties to
furnish the Monitoring Program Reports required by the SDRWQCB in order to develop TMDLs, and load
and wasteload allocations for the water quality limited segments, and
6. WHEREAS, the SDRWQCB has determined that the responsible parties in the Carlsbad
Hydrologic Unit are the County, Caltrans, HARRF, and the incorporated cities of Carlsbad, Escondido,
San Marcos, Encinitas, Oceanside, Solana Beach, and Vista (PARTIES) as outlined in Exhibit 1, and;
7. WHEREAS the PARTIES in the Carlsbad Hydrologic Unit have agreed to work together to fulfill
the requirements of the Order for Loma Alta Slough, Buena Vista Lagoon, Agua Hedionda Lagoon, and
San Elijo Lagoon; and
8. WHEREAS, the PARTIES recognize that expenditures will be needed to complete the Quality
Assurance Project Plan (QAPP) and monitoring identified in the Order and that the costs will be shared
among the PARTIES,
Carlsbad HU Investigation Order Cost-Share for QAPP and Monitoring
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9. WHEREAS, the City of Encinitas has agreed to lead the effort by providing project management
and contract administration services for the PARTIES and will hire a consultant to perform the services
described in the Order.
NOW, THEREFORE, the PARTIES hereto mutually agree as follows:
I. PURPOSE: This AGREEMENT is entered into for the purpose of outlining the responsibilities of
the PARTIES and funding the development of the QAPP and implementation of the monitoring as
required in the Order.
II. TERM: The term of this AGREEMENT commences on its execution by each and all of the duly
authorized representatives of the PARTIES and shall run until the completion of the monitoring or
December 31, 2008, whichever is later.
III. PARTY RESPONSIBILITIES AND PARTICIPATION:
A. RESPONSIBILITIES OF PARTY LEAD: The City of Encinitas is hereby designated
PARTY Lead. As such, the City of Encinitas incurs the responsibility of overall project
management, administration of consultant contracts and submittal of required work
products on behalf of the PARTIES for the Order.
B. RESPONSIBILITIES OF ALL PARTIES: Each PARTY agrees to be participatory in the
development of the QAPP and implementation of the monitoring, and will assign one (1)
person to serve as the representative PARTY to participate in meetings (at least 80% of
all meetings), participate in consultant selection panel (as deemed appropriate by all
PARTIES), collaborate on developing strategies, making decisions, and reviewing work
products and submittals. Each PARTY agrees to supply the PARTY Lead with data
associated with its jurisdiction (e.g. water quality data, rainfall data, land use data) in a
timely manner.
IV. FUNDING:
A. The cost of development of the QAPP and implementation of the monitoring is estimated
to be $2,597,362 and shared as follows based on land area and population contributing to
the lagoons named in the Order:
PARTY
Carlsbad
Encinitas
Escondido
Oceanside
S.D. County
San Marcos
Solana Beach
Vista
Caltrans
HARRF
TOTALS
Cost-Share
FY 07-08
$250,038
$65,801
$210,208
$493,515
$328,449
$64,444
$13,912
$342,853
$55,203
$15,671
$1,840,094
Cost-Share
FY 08-09
$102,178
$26,166
$83,590
$211,715
$132,909
$26,201
$5,532
$140,026
$22,718
$6,232
$757,266
Cost -Share
Total
$352,216
$91,967
$293,799
$705,229
$461 ,359
$90,646
$19,444
$482,879
$77,921
$21,903
$2,597,362
Carlsbad HU Investigation Order Cost-Share for QAPP and Monitoring
B. Each PARTY shall pay its share of expenses within 60 days of receipt of an invoice from
the PARTY Lead. Invoices shall be sent to each PARTY on a quarterly basis based on an
even distribution of costs over the Fiscal Year. Funds collected and not expended at the
end of the project shall be refunded or credited to each PARTY. If the costs are in excess
of the estimates in this AGREEMENT, the PARTIES will be invoiced by the PARTY Lead.
C. The PARTIES will reimburse the PARTY Lead for overhead expenses associated with
overall administration of consultant contracts, and submittal of required work products
associated with the Order in the amount of 5% of the total cost shared project cost
amount. This administration cost has been built into the costs shown in Section IV.A.
V. NON-COMPLIANCE WITH AGREEMENT REQUIREMENTS: Any participant to this
AGREEMENT found to be in non-compliance with the conditions of this AGREEMENT shall be
solely liable for any lawfully assessed penalties resulting from such non-compliance. Failure to
comply with AGREEMENT conditions within specified or agreed upon timelines shall constitute
non-compliance with the AGREEMENT.
VI. AMENDMENTS TO THE AGREEMENT: This AGREEMENT may be amended only by consent
of all the PARTIES. No amendment shall be effective unless it is in writing and signed by the duly
authorized representatives of the PARTIES.
VII. GOVERNING LAW: This AGREEMENT shall be governed and construed in accordance with the
laws of the State of California. If any provision or provisions shall be held to be invalid, illegal, or
unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any
way be affected or impaired thereby. In addition, each PARTY agrees to comply with all federal,
state and local laws and ordinances applicable to the work to be performed under the terms of this
AGREEMENT.
VIM. CONSENT AND BREACH NOT WAIVER: No term or provision hereof shall be deemed waived
and no breach excused, unless such waiver or consent shall be in writing and signed by the
PARTIES to have waived or consented. Any consent by any PARTY to, or waiver of, a breach by
the other, whether expressed or implied, shall not constitute a consent to, waiver of, or excuse for
any other different or subsequent breach.
IX. DISPUTES: The PARTIES agree to mediate any dispute prior to filing suit or prosecuting suit
against the other parties. In the event suit is brought upon this AGREEMENT to enforce its terms,
each PARTY shall be responsible for their own attorneys' fees and costs.
X. INDEMNIFICATION: Each PARTY to this AGREEMENT (1) shall have the sole responsibility to
comply with the Order, (2) shall pay all fines, penalties, and costs which may arise out of such
PARTY'S non-compliance with the Permit, and (3) shall enter into agreements with PARTIES
named in this AGREEMENT as necessary to address cross-boundary pollution.
XI. APPLICATION OF PRIOR AGREEMENTS: This AGREEMENT constitutes the entire Agreement
between the parties with respect to the subject matter; all prior agreements, representations,
statements, negotiations, and undertakings are superseded hereby.
XII. TERMINATION: Any PARTY may terminate this AGREEMENT by giving written notice to the
other parties no less than 30 days prior to the effective date of termination. Termination of this
agreement does not release any PARTY for obligations of the Order, nor does it release the
PARTY from their financial responsibilities as outlined in Section IV of this AGREEMENT. Upon
termination, the terminating PARTY shall pay their cost share in full.
XIII ENCUMBRANCE: By reason of constraints in California law and the California constitution,
Caltrans encumbers $ 77,921 as its portion of the shared cost and no further funding will be
available to address the Caltrans obligations assumed under this Agreement unless this Section
XIII is amended by Caltrans to reflect a new enhanced funding limit.
Carlsbad HU Investigation Order Cost-Share for QAPP and Monitoring
IN WITNESS THEREOF, this AGREEMENT is executed as follows:
Date:
County of San Diego, Responsible Party
Carlsbad HU Investigation Order Cost-Share for QAPP and Monitoring
IN WITNESS THEREOF, this AGREEMENT is executed as follows:
Date:
Caltrans, Responsible Party
Carlsbad HU Investigation Order Cost-Share for QAPP and Monitoring 1
IN WITNESS THEREOF, this AGREEMENT is executed as follows:
Date:
HARRF, Responsible Party
Carlsbad HU Investigation Order Cost-Share for QAPP and Monitoring
IN WITNESS THEREOF, this AGREEMENT is
Date:
Citylof Carlsbad, Respohfiible Party
Carlsbad HU Investigation Order Cost-Share for QAPP and Monitoring
IN WITNESS THEREOF, this AGREEMENT is executed as follows:
Date:
City of Escondido, Responsible Party
Carlsbad HU Investigation Order Cost-Share for QAPP and Monitoring j 7
IN WITNESS THEREOF, this AGREEMENT is executed as follows:
Date:
City of San Marcos, Responsible Party
Carlsbad HU Investigation Order Cost-Share for QAPP and Monitoring / ?•
IN WITNESS THEREOF, this AGREEMENT is executed as follows:
Date:
City of Encinitas, Responsible Party
Carlsbad HU Investigation Order Cost-Share for QAPP and Monitoring
IN WITNESS THEREOF, this AGREEMENT is executed as follows:
Date:
City of Oceanside, Responsible Party
Carlsbad HU Investigation Order Cost-Share for QAPP and Monitoring
IN WITNESS THEREOF, this AGREEMENT is executed as follows:
Date:
City of Solana Beach, Responsible Party
Carlsbad HU Investigation Order Cost-Share for QAPP and Monitoring
IN WITNESS THEREOF, this AGREEMENT is executed as follows:
Date:
City of Vista, Responsible Party
Carlsbad HU Investigation Order Cost-Share for QAPP and Monitoring
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Approval of CostApproval of Cost--Share AgreementShare AgreementCarlsbad Hydrologic UnitCarlsbad Hydrologic UnitAgenda Bill 19080July 10, 2007
Clean Water ActClean Water ActTotal Maximum Daily Load (TMDL) Total Maximum Daily Load (TMDL) RegulationRegulationCWA= 1972 included 303(d) list of impaired watersPurpose:regain beneficial uses to waters of the USProcess: States must list specific pollutants in impaired waters, then EPA requires State to issue TMDLs
Clean Water ActClean Water ActTMDL DefinitionTMDL DefinitionTMDL= a calculation of the maximum amount of a pollutant that a waterbodycan receive and still meet water quality standards40CFR130.2 and 130.7 Section 303(d)
Clean Water ActClean Water ActPollutantsPollutantsSources:Sources:Paved RoadsPaved RoadsBuildings, Parking Buildings, Parking lotslotsLandscapingLandscapingResidencesResidencesConstruction SitesConstruction SitesIllegal DumpingIllegal DumpingAir DepositionAir DepositionOther jurisdictionsOther jurisdictions’’MS4MS4Types:Oil, grease, copperTrash, cigarette buttsExcess fertilizers, pesticides Pet waste, home projectsSedimentHazardous materialsMetals
Clean Water ActClean Water ActCarlsbad WatershedCarlsbad WatershedCarlsbad drains into 5 sub-watersheds••Buena Vista Buena Vista ••AguaAguaHediondaHedionda••EncinasEncinasCreek Creek ••BatiquitosBatiquitos••San San ElijoElijo
Clean Water ActClean Water ActCA ImpairmentsCA Impairments303(d) Listed waterbodies: CA=686, SDC= 33Carlsbad:•Buena Vista Lagoon =bacteria, sediments, and nutrients •Agua Hedionda Lagoon =bacteria and sediments •AH Creek = TDS•San Elijo Lagoon =bacteria, sediments, nutrients
Clean Water ActClean Water ActTMDL ProcessTMDL ProcessTo develop TMDL:¾Identify impaired waters¾EPA approves¾13267 Investigative Order¾Model to determine max. pollutant load¾Issue TMDL
Clean Water ActClean Water Act13267 Investigative Order13267 Investigative Order••Issued on July 19, 2006 to 10 Responsible Issued on July 19, 2006 to 10 Responsible Parties in Carlsbad WatershedParties in Carlsbad Watershed••FY 06FY 06--07 stakeholder discussions on how to 07 stakeholder discussions on how to implement the Orderimplement the Order••Agenda Bill 19080 costAgenda Bill 19080 cost--share agreement for share agreement for sampling to start Sept. 07sampling to start Sept. 07••Data submission to Regional BoardData submission to Regional Board
Clean Water ActClean Water ActIO Sample LocationIO Sample LocationExampleExampleBVLagoonBVLagoonsample sitessample sites
Clean Water ActClean Water ActStatus and TimelineStatus and Timeline••FY 2006FY 2006--7 collaborated on 7 collaborated on WorkplanWorkplan••Developed a Cost Share Agreement with Developed a Cost Share Agreement with Responsible Parties Responsible Parties ––AB19080AB19080••Currently have RFP out for data collectionCurrently have RFP out for data collection••Sampling Oct.07Sampling Oct.07--Oct.08Oct.08••Computer modeling Oct.08Computer modeling Oct.08--??••Regional Board issues TMDL to City of CarlsbadRegional Board issues TMDL to City of Carlsbad--date TBDdate TBD••City of Carlsbad complies with TMDLCity of Carlsbad complies with TMDL
Thank youThank you