HomeMy WebLinkAbout2021-02-05; Carlsbad Watershed Management Area Quality Improvement Plan Update No. 2 (Districts - All); Gomez, PazTo the members of the:
Cl1Y COUNCIL
Dated"[S"J2.t cA J cc ✓
CM ~ACM ✓ocM(3).JL"'
Feb.5,2021
Council Memorandum
To:
From:
Honorable Mayor Hall and Members of the City Council
Paz Gomez, Deputy City Manager, Public Works
Via:
{city of
Carlsbad
Memo ID# 2021030
Re:
Geoff Patnoe, Assistant City Manager /F-;J ·
Carlsbad Watershed Management Ar~-V\Jater Quality Improvement Plan Update No. 2
(Districts -All)
This memorandum provides an update to a previous memorandum dated Oct. 8, 2020, on the
Water Quality Improvement Plan (WQIP) for the Carlsbad Watershed Management Area (CWMA)
as required by the California Regional Water Quality Control Board, San Diego Region (San Diego
Water Board).
Background
The City of Carlsbad is subject to San Diego Water Board National Pollutant Discharge Elimination
System (NPDES) Order No. R9-2013-0001, as amended by NPDES Order Nos. R9-2015-0001, and
R9-2015-0100 (Permit). The CWMA consists of the following jurisdictions, collectively known as
the CWMA Copermittees: County of San Diego and incorporated cities of Carlsbad, Encinitas,
Escondido, Oceanside, San Marcos, Solana Beach and Vista.
A memorandum on this topic was provided to the City Council on Oct. 8, 2020 (Attachment A).
This memorandum provides additional il'!formation and updates since then.
Discussion
On Oct. 19, 2020, the CWMA Copermittees published a draft ofthe updated WQIP and posted it
on the multi-jurisdictional clearinghouse, the Project Clean Water website
(www.projectcleanwater.org) for a 30-day public review period. The comments were
incorporated as appropriate. The Final 2021 WQIP Update was posted to the Project Clean Water
website on Jan. 29, 2021.
Primary revisions to the 2021 WQIP include:
• Updated the Clean Water Act 303(d) list of impaired waters information to reflect the
2014/2016 303(d) list
• Agua Hedionda Lagoon
o Identified additional Priority Water Quality Conditions
Public Works Branch
Environmental Management Department
1635 Faraday Ave . I Carlsbad, CA 92008 I 760-602-2799 t
Council Memo -CWMA Water Quality Improvement Plan Update No. 2 (Districts -All)
Feb.5,2021
Page 2
• Fecal Indicator Bacteria during wet weather as it relates to the Shellfish
Harvesting (SHELL)1 beneficial use
• Enterococcus during dry and wet weather for Contact Water Recreation
(REC-1)
o Added new strategies to address indicator bacteria including enterococcus
o Established two new special studies focused on the Agua Hedionda Lagoon
o Added Appendix I with Agua Hedionda Indicator Bacteria Information
The update to the 303{d) list is administrative at this time but may trigger additional regulatory
oversight in the future.
The items related to the Agua Hedionda Lagoon were the major driver for the update and detail
related to this can be found in Appendix I of the updated WQIP.
The additional Priority Water Quality Conditions and strategy implementation will initially have
minimal impact on staffing and departmental resources. However, the special studies are likely
to require additional resources starting in fiscal year 2021-22. Staff will request any additional
funds through the normal budgeting process. The city, along with the other copermittees, agreed
to conduct the special studies due to the stated requirement by the San Diego Water Board staff,
with a keen interest from the Consultation Panel2 members and the general public.
The details of the two special studies are still being finalized in consultation with the San Diego
Water Board. However, one study will look to determine whether water quality conditions
support recreational (e.g., swimming) uses, and the other will determine whether the water
quality conditions support commercial shellfish harvesting operations. The monitoring
frameworks for the special studies will be posted to the Project Clean Water website when
completed.
Next Steps
The San Diego Water Board, at its discretion, may issue a public notice and release the WQIP for
public review and comment for a minimum of 30 days. The CWMA Copermittees will consider
revisions based on public comments and promptly submit any revisions within 60 days after close
1 Shellfish harvesting in the Agua Hedionda Lagoon is primarily conducted by a private commercial
aquaculture operation in the outer basin closest to the Pacific Ocean.
2 The consultation panel is defined in the Permit as a panel consisting of at least one (1) representative from
the San Diego Water Board, environmental community and development community.
Council Memo -CWMA Water Quality Improvement Plan Update No. 2 (Districts -All)
Feb.5,2021
Page 3
of the public comment period. The updates to the WQIP will be deemed accepted 90 days3 after
submission, unless otherwise directed by the San Diego Water Board Executive Officer.
Additionally, the CWMA Copermittees will continue to work with San Diego Water Board staff to
finalize the special studies and associated monitoring plans to begin monitoring in fiscal year
2021-22.
Attachment: A. Council Memorandum dated Oct. 8, 2020
cc: Scott Chadwick, City Manager
Celia Brewer, City Attorney
Gary Barberio, Deputy City Manager, Community Services
Laura Rocha, Deputy City Manager, Administrative Services
Robby Contreras, Assistant City Attorney
James Wood, Environmental Manager
Tim Murphy, Senior Program Manager
3 The Oct. 8, 2020, Council Memorandum stated the WQIP would be considered accepted if additional
comments were not provided after 30 days. After clarification, it was determined to be 90 days.
To the members of the; ' . CITY COUNCIL . . 10; l . ✓ ·Date _ 8~ CA ...JL. CC ___ . ATTACHMENT A
CM ~ACM~ DCM (3) ~-
Council Memorandum
Oct. 8, 2020
To: Honorable Mayor Hall and Members of the City Council
{cityof
Carlsbad
Memo ID# 2020217
From: Paz Gomez, Deputy City Manager, Public Works · .
Geoff Patnoe~ Assistant City Manag~ .· . . . . Via:
Re: Carlsbad Watershed _Management ~ater. Quality· Improvement Plan ·update
This memorandum provides an update on the Water Quality Improvement Plan (WQIP) for the
Carlsbad Watershed Management Area (CWMA) as required by the California Regional Water
Quality Control Board, San Diego Region (San Diego Water Board).
Background
The City of Carlsbad is subject to San Diego Water Board N?itional Pollutant Discharge Elimination
System (NPDES) drder No. R9-2013-0001, as amended by NPDES Order Nos. R9-2015-0001, and
RQ-2015-0100 (Permit). The CWMA consists of the following Jurisdictions, collectively known as
the ·cWMA Copermittees: County of Sal) Diego an~ incorporated ~ities of Carlsbad, Encinitas, ..
Escondido, Oceanside, San Marcos, Solana Beach and Vista. ·
In accordance with the Permit, the CWMA Copermittees prepared the CWMA WQIP to help
guide the Jurisdictional Runoff Management Programs (JRMP} towards achieving improved water ·
quality in municipal·sep~rate storm sewer syste~ (MS4) discharges a.nd receiving waters. The
\(1/QIP was developed in conjunction with a consultation panel1 and public review processes from
• I .
2013 to 2015.
Based on feedback from the San Diego Water Board, the WQIP was revised, re;submitted and
subsequently accepted in 'November 2016. In May 2018, the WQIP was updat~d to include the
Escond_ido Creek Hydromodification Plan and minor revisions noted in Annual Reports. The most
recent WQIP along with Annual Reports can be found on the multi-jurisdictional clearinghouse,
the Project Clean Water website (www.proiectcleanwater.org).
The WQIP_ is intended to_ be a planning document that adapts to changing conditions through
established update cycles and approved revisio_n processes. The city regularly adapts its
programs and priorities based on information and experience obtained from program
implementation and assessment of new science and data. .
' . ' 1 The consulta_tion panel is defined in the Permit as a panel consisting of at least orie representative from the San
Diego Water Board, environmental community and development community.
Public Works Branch
Environmental Management Department
1635 Faraday Avenue I Carlsbad, CA 92008 I .760-602-2799t
Council fy'lerno -CWMA Water Quan"~y Improvement Plan Update
. Oct. 8, 2020
Page 2
Discussion
In October 2017, the CWMA Copermittees received water quality data collected tn Agua . . .
Hedionda Lago.on by the California Department of Public Health (CDPH)'s Shellfish Program from
t~e San Diego Water Board. As ~equested by the San Diego Water Board, the CWMA_
·copermittees analyzed the data and presented results and recommendations in a Technical
Memor'a·ndum, su-bmitted as Attachment 1, of the fiscal year (FY) 2017-18 WQIP Arin yal Report.
In November 2019, the CWMA Copermittees received a cor,:lment letter from the San _Diego
Water Board regarding the fY 2017-18 WQIP.Annual Report. Specifically, the San Diego.Water
Board required a WQIP Update about impacts to shellfish harvesting (SHELL} and the contact
recreation (REC-1) beneficial uses in.the Agua Hedionda Lagoon. The current FY 2020-21
Operating Budget for Watershed Protection is sufficient to fund s_taff and consultant costs for the
WQIP update, which is due to the Regional Board by Jan. 30, 2021.
Environmental Management Department staffand other CWMA Copermittees, with the help of a
~onsultantteam, are currently updating the WQIP as directed by the San Diego Water Board. A
virtual consultation panel meeting was held on Sept. 31 2020, in which input was gathered from
panel members and the.public. Additionally, written comments regarding the consultation panel
meeting ~ere accepted and will be considered.
Next Steps
CWMA Copermittees will consider the comments received from the public and consultation
panel. Beginning Oct. 19, 2020, a response to comments and a draft of the updated WQIP will be
posted on th~ Project Clean Water websit~ for~ 30-day public review.
On Jan. 29, 2021, the final updated WQIP will be submitted to the San Diego Water Board. The
San Diego Water Board will then have 30 days to provide additional comments. If no additional
comments are received, the WQIP will be considered accepted.
Staff expects the San Diego Water Board w_HI require_ additional water quality monitoring in the
Agua Hedionda Lagoon Watershed as part of this update. The additional monitoring will likely
start in FY 2021-22. Any additional funds required for compliance with the prog·ram will be
requested as part of the standard budgeting process. ·
cc: Sco.tt Chadwick, City Manag~r
Celia Brewer, City Attorney . .
· Gary Barberio, Deputy City Manager, Community Services
Laura Rocha, Deputy City Manager, Administrative Services
Robby Contreras, Assistant City Attorney
Jeff Murphy, Community Development Director
James Wood, Environmental Manager
Tim Murphy, Senior Program Manager