HomeMy WebLinkAbout2009-06-16; City Council; 19855; Agua Hedionda Lagoon TMDL cost share agreementCITY OF CARLSBAD - AGENDA BILL
19,855AB#
MTG. 06/16/09
DEPT.ENG
APPROVAL OF COST-SHARE AGREEMENT FOR THE TOTAL
MAXIMUM DAILY LOAD (TMDL) DEVELOMENT FOR
INDICATOR BACTERIA AND SEDMINENTATION/SILTATION
IN AGUA HEDIONDA LAGOON
DEPT. HEAD
CITY ATTY.~i,
CITY MGR. \Jj—"
RECOMMENDED ACTION:
Adopt Resolution No.
Hedionda Lagoon Total
2009-139 approving the City of Carlsbad's participation in Agua
Daily Load (TMDL) Development Cost-Share Agreement inMaximum
collaboration with the Regional Water Quality Control Board (Regional Board), and authorizing the
Mayor to sign the agreement.
ITEM EXPLANATION:
The Federal Clean Water Act (CWA) section 303(d) requires states to develop a list of water bodies
that do not or are not expected to meet water quality standards after implementing technology-based
pollution controls, The U.S. Environmental Protection Agency has delegated authority for enforcement
of the requirements under section 303(d) of the CWA to the California Water Resources Control
Board, which, in turn, has delegated this authority to the Regional Board
The Agua Hedionda Lagoon is on the 303(d) list as an impaired water body for sediment and bacteria.
Total Maximum Daily Loads (TMDLs) must be developed for impaired .water bodies pursuant to
section 303(d) of the CWA in order to attain water quality objectives and restore the water bodies'
beneficial uses. The City of Carlsbad is one of the Dischargers in the Agua Hedionda Lagoon
Hydrologic Unit. The other Dischargers are the County of San Diego, Caltrans, and the cities of San
Marcos, Oceanside, and Vista.
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 the waters not
meeting those standards, 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 that may be
needed to restore and protect bodies of water.
To improve water quality in these listed water bodies, the Regional Board is pursuing the development
of a TMDL regulation for Agua Hedionda Lagoon and has expressed a desire to adopt it by June 30,
2010.
DEPARTMENT CONTACT: Elaine Lukey, 760-602-7582 elaine.lukey@carlsbadca.gov
FOR CITY CLERKS USE ONLY
COUNCIL ACTION: APPROVED
DENIED
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The Dischargers in the Agua Hedionda Lagoon Hydrologic Unit have agreed to work together with
the Regional Board to develop a more reasonable and achievable compliance-related TMDL. The
Dischargers have agreed to hire consultants to assist with this process. There are costs associated
with this effort, and the costs will be shared among the Dischargers..
The City of Vista has agreed to provide project management and contract administration services for
the parties to 1) hire a consultant to perform additional modeling, and 2) hire a consultant to provide
technical support to the responsible parties. The City of Carlsbad, as an affected party in the Agua
Hedionda Lagoon Hydrologic Unit, will benefit from this agreement by having sound scientific data to
support any decisions made by the Regional Board with respect to TMDL development for the lagoon.
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 $350,000 for FY 09-10. The City of
Carlsbad's proportionate share of this cost is $122,680. There are sufficient funds in the Storm Water
FY 08-09 operating budget to cover this expense.
EXHIBITS:
1. Resolution No. 2009-139 approving the City of Carlsbad's participation in the TMDL
Development for Indicator Bacteria and sedimentation/siltation in Agua Hedionda Lagoon
Cost-Share Agreement and authorizing the Mayor to sign the agreement.
2. TMDL Development for Indicator Bacteria and Sedimentation/Siltation in Agua Hedionda
Lagoon Cost-Share Agreement
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RESOLUTION NO. 2009-139
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, AUTHORIZING APPROVAL OF A
COST-SHARE AGREEMENT FOR THE TOTAL MAXIMUM
4 DAILY LOAD (TMDL) DEVELOPMENT FOR INDICATOR
BACTERIA AND SEDI MENTATION/SI LTATION IN AGUA
5 HEDIONDA LAGOON.
6 WHEREAS, the San Diego Regional Water Quality Control Board, acting under the
7 authority delegated to it by the State Water Resources Control Board, has determined that Agua
8 Hedionda Lagoon is an impaired water body in the Carlsbad Hydrological Unit under the Clean
9 Water Act, Section 303 (d); and
WHEREAS, the Regional Board has issued an Investigative Order requiring that the
Dischargers in the Carlsbad Hydrological Unit furnish Monitoring Data to help establish a Total
Maximum Daily Load (TMDL) for contaminants; and
12
WHEREAS, the Regional Board has determined that the Dischargers in the Agua
13 Hedionda Lagoon Hydrologic Unit are the County of San Diego, Caltrans and the cities of
14 Carlsbad, San Marcos, Oceanside, and Vista; and
15 WHEREAS, the Dischargers have agreed to work with the Regional Board to develop a
16 more reasonable and achievable compliance-related TMDL; and
17 WHEREAS, the Dischargers have agreed to hire consultants to assist with this process;
18 and
ig WHEREAS, there are expenses associated with administering the contracts with the
__ consultants.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
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1. That the above recitations are true and correct.
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2. The City of Carlsbad is hereby authorized to participate in the cost-share
24 agreement.
25 3. The Mayor is authorized to sign the cost-share agreement on behalf of the City.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 16th day of June, 2009, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
ATTEST: