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HomeMy WebLinkAbout2009-12-08 Item 4 CITY OF LADE flLsinon DREAM EXTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: DECEMBER 8, 2009 SUBJECT: EXTENSION OF TMDL TASK FORCE AGREEMENT Background In December 2004, the California Regional Water Quality Control Board, Santa Ana Region (SARWQCB), approved Resolution No. R8- 2004 -0037 adopting the Lake Elsinore and Canyon Lake Nutrient Total Maximum Daily Load (TMDL) Program. On September 30, 2005, the TMDL Program was formally approved by the U.S. Environmental Protection Agency. The goal of the TDML Program is to reduce nutrient pollution and attain specified water quality targets for Lake Elsinore and Canyon Lake over the next fifteen years through a phased program. Under the mandate of the Federal Clean Water Act, the SARWQCB determined the maximum mass of nutrients that can flow to the lakes without impairing their beneficial uses. This total mass was then divided and allocated to each major pollutant source for nutrients. Examples of pollutant sources include urban, agriculture, septic systems and internal in -lake loading. By the year 2020, all the major stakeholders identified by the SARWQCB will be required to meet their waste load allocation for nutrients. The Nutrient TMDL Program mandates a series of implementation tasks to be performed by named watershed stakeholders to monitor, study, and employ measures to restore the beneficial uses of two impaired waterbodies, Lake Elsinore and Canyon Lake. This phased program acknowledges the scientific uncertainty in the data and thus allows for review and adjustments to the regulations every three years. In order to gather scientifically defensible data for the waste load allocations and to ensure stakeholders meet the compliance schedule to attain the water quality targets for the lakes, the SARWQCB required a number of "tasks" be completed by the stakeholders. The City of Lake Elsinore is conditioned, along with many other agencies, to complete five of the fourteen tasks. These tasks can be performed individually or collectively by stakeholders. In order to pool resources to complete the mandated tasks, the City Council approved an "Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force" in June 2006. CC December 08, 2009 Item No. 4 Page 1 of 20 TMDL TF AGREEMENT DECEMBER 8, 2009 PAGE # 2 Discussion The cost of nutrient control throughout the entire Lake Elsinore /San Jacinto River Watershed to the degree required to meet federal /state water quality targets for Lake Elsinore may be impractical and cost prohibitive. Alternatively, a combination of limiting nutrients in the watershed to the maximum extent practicable and in -lake treatments may be the most rapid and low cost approach to achieve the water quality targets. For in -lake treatments to be a viable alternative for mandated nutrient reduction measures, the TMDL Task Force must produce sound science for acceptance by stakeholders and regulatory agencies. The TMDL Task Force continues to fund work to refine the Watershed and Lake computer models that will be the basis for the proposed Pollutant Trading Program. Conceptually, the Pollutant Trading Program will allow stakeholders to compare the cost of their mandated onsite nutrient reduction versus the cost for off - setting an equivalent or greater amount by funding an in -lake project. The Task Force requires additional time to complete the monitoring, computer modeling and develop the Pollutant Trading Program. Therefore, the Task Force members recommend extending the agreement for one year to June 30, 2011. Fiscal Impact It's difficult to calculate the "net" fiscal impact to the City for extending the TMDL Task Force Agreement for one year, because of the unknown costs for allowing the agreement to expire. The City would still be required to complete the mandated tasks. Approval of Amendment No. 1 to the TMDL Task Force Agreement will continue the City's annual contribution in the approximate amount of $70,000 for FY'10 -11. Recommendation Approve Amendment NO. 1 to the Lake Elsinore and Canyon Lake TMDL Task Force Agreement to extend the term one year (expire on June 30, 2011) and authorize the Mayor to execute the amendment. Prepared by: Pat Kilroy, Director Lake & Aquatic Resources Department Approved by: Robert A. Brady, City Manager Attachments: 1. Amendment NO. 1 to Agreement 2. SARWQCB Mandated Tasks 3. Agreement to Form the LE /CL TMDL Task Force (Nov. 2006) CC December 08, 2009 Item No. 4 Page 2 of 20 AMENDMENT NO. 1 TO AGREEMENT TO FORM THE LAKE ELSINORE AND CANYON LAKE TMDL TASK FORCE THIS AMENDMENT NO. 1 is made this _th day of October, 2009, by and among the AGENCIES that constitute the Lake Elsinore and Canyon Lake TMDL Task Force. RECITALS WHEREAS, the Lake Elsinore and Canyon Lake TMDL Task Force was created pursuant to that certain agreement entitled "Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force" dated November 21, 2006. ( "Agreement "). A copy of the Agreement is attached hereto as Exhibit A; and WHEREAS, it is the purpose of this Amendment No. 1 to the Agreement for all Task Force Agencies to mutually extend the duration of the Agreement one full year and to add certain Agencies to represent the interests of the City of Menifee and the City of Wildomar to the Task Force.. NOW, THEREFORE, the parties mutually agree that the agreement is amended as follows: • The duration of the Agreement is extended one full year to June 30, 2011, and • The following AGENCIES are hereby added as a "PARTY" to the AGREEMENT: CITY OF MENIFEE and CITY OF WILDOMAR IN WITNESS WHEREOF, the PARTIES hereto have executed this AMENDMENT NO. 1 on the dates opposite their respective signatures. This Amendment becomes effective as of the date of the latest signature. LAKE ELSINORE AND SAN JACINTO WATERSHEDS AUTHORITY BY TITLE DATE CC December 08, 2009 Item No. 4 Page 3 of 20 11/9/2009 Lake Elsinore and Canyon Lake Nutrient TMDL Implementation Plan /Schedule Responsible Compliance Date -As soon As Delivery Status Task Description Party Possible but No Later Than Date TMDL Phase 1 Task 1 Establish New Waste Discharge Regional March 31, 2006 On -Going Requirements Board Task 2 Revise Existing Waste Discharge Permits Regional March 31, 2006 On -Going Board Task 3 Identify Agricultural Operators Regional October 31, 2005 On -Going Board Task 4 Nutrient Water Quality Monitoring Program. 4.1 Watershed -wide Nutrient Monitoring Plan Initial plan /schedule due Complete December 31, 2005 4.2 Lake Elsinore Nutrient Monitoring Plan Task Force Complete Stakeholders Revised plan /schedule due 4.3 Canyon Lake Nutrient Monitoring Plan December 31, 2006 Complete Monitoring Report Annual reports due August 15 Annum Annual Water Quality g p p 9 Deliverable Task 5 Agricultural Discharges — Nutrient Plan /schedule due Complete Management Plan Agricultural September 30, 2007 Operators Final report due 5.1 Final Ag NMP Report June 30, 2010 On -Going Task 6 On -site Disposal Systems (Septic Systems) Urban Plan Dependent on State Board Draft P riding Management Dischargers approval of relevant regulations Task 7 Urban Discharges 7.1 Revision of Drainage Area Management Urban Plan /schedule due Complete Plan (DAMP) Dischargers August 1, 2006 7.2 Revision of the Water Quality Urban Plan /schedule due Complete Management Plan (WQMP) Dischargers August 1, 2006 7.3 Update of the Caltrans Stormwater Plan /schedule due Management Plan and Regional Plan CalTrans April 1, 2006 Complete 7.4 Update of US Air Force, March Air USAF Dependent on Task 3 results Reserve Base SWPPP (see TMDL Document) Task 8 Forest Area — Review /Revision of Forest US Forest Plan /schedule due Complete Service Management Plans Service September 30, 2007 Task 9 Lake Elsinore In -Lake Sediment Nutrient Task Force Plan /schedule due Complete Reduction Plan Stakeholders March 31, 2007 Canyon Lake In -Lake Sediment Treatment Task Force Plan /schedule due Complete Task.10 Evaluation Stakeholders March 31, 2007 p Task 11 Watershed and Canyon Lake and Lake Task Force Plan /schedule due Complete' Elsinore In -Lake Model Updates Stakeholders October 31, 2007 Task 12 Pollutant Trading Plan Task Force Plan /schedule due Complete * Stakeholders October 31, 2007 Task 13 Review and Revise Nutrient Water Quality Regional December 31, 2009 Objectives Board Task 14 Review of TMDL/WLA /LA Regional Once every 3 years to coincide with Board the Regional Board's triennial review * More detailed schedules to complete Updates to the Watershed and In -Lake Nutrient Models (TMDL Task #11) and the Pollutant Trading Program (TMDL Task #12) were submitted to the Regional Board in separate plans as required by Resolution No. R8 -2004- 0037. CC December 08, 2009 Item No. 4 Page 4 of 20 1 AGREEMENT TO FORM THE LAKE ELSINORE AND CANYON LAKE TMDL TASK FORCE This Agreement, entered into as of this / _— day of 4,4j. , 2006, to form the Lake Elsinore and Canyon Lake TMDL Task Force (hereinafter "AGREEMENT ") is made by and among the following entities, which are hereinafter sometimes collectively referred to as "TASK FORCE AGENCIES" or individually as "TASK FORCE AGENCY ": United States Department of Agriculture, Forest City of Riverside Service (Forest Service) City of San Jacinto US Air Force (March Air Reserve Base) Elsinore Valley Municipal Water District March Air Reserve Base Joint Powers Authority Eastern Municipal Water District California Department of Transportation Western Riverside County Agriculture Coalition California Department of Fish and Game on behalf of the Agricultural Operators in the County of Riverside San Jacinto River Basin City of Beaumont Western Riverside County Agriculture Coalition City of Canyon Lake on behalf of the Dairy Operators in the San City of Hemet Jacinto River Basin City of Lake Elsinore Riverside County Flood Control and Water Conservation District City of Moreno Valley City of Murrieta City of Perris I. RECITALS A. Whereas, in 1998, the Santa Ana Regional Water Quality Control Board (hereinafter "Regional Board ") designated Lake Elsinore and Canyon Lake in the Lake Elsinore and San Jacinto Watersheds (Collectively the "Watersheds ") as "impaired water bodies" pursuant to Section 303(d) of the federal Clean Water Act because of high levels of algae in both lakes and low dissolved oxygen in Lake Elsinore, attributed to excess phosphorus and nitrogen (NUTRIENTS). As a result of said Section 303 designation, the Clean Water Act requires that total maximum daily loads (hereinafter "TMDLs ") be established by the Regional Board for these waterbodies. B. Whereas, in response to the Section 303(d) designation, the Regional Board adopted a Resolution R8- 2004 -0037 on December 20, 2004 amending the Water Quality Control Plan for the Santa Ana River Basin (BASIN PLAN AMENDMENT) to incorporate nutrient TMDLs for Canyon Lake and Lake Elsinore. The Basin Plan Amendment specifies, among other things, an Implementation Plan (TMDL IMPLEMENTATION PLAN), which holds specified stake holders (TASK FORCE AGENCIES) individually and/or jointly liable for complying with the TMDLs by means of specific tasks to be completed by specified dates under penalty of law. These tasks include development and implementation of a watershed -wide nutrient water quality monitoring program, development of an in -lake nutrient monitoring 1 CC December 08, 2009 Item No. 4 Page 5 of 20 program for Canyon Lake and Lake Elsinore, development of a plan and schedule for in -lake sediment nutrient reduction for Lake Elsinore, development of a plan and schedule for evaluating in -lake sediment nutrient strategies for Canyon Lake, updating watershed and in -lake nutrient TMDL water quality models, developing a pollutant trading plan, and reviewing and revising the TMDL to reflect updated data and science. C. Whereas, the purpose of this AGREEMENT is to form a task force (hereinafter "TASK FORCE ") to implement certain tasks identified in the TMDL IMPLEMENTATION PLAN and to pursue TMDL related tasks agreed upon by TASK FORCE AGENCIES, and D. Whereas, the TASK FORCE AGENCIES agree that the purpose of this TASK FORCE is to (1) review and develop recommendations to update the TMDL BASIN PLAN AMENDMENT based on the best available scientific information, and (2) implement TMDL IMPLEMENTATION PLAN Tasks identified below and jointly assigned to TASK FORCE AGENCIES, and (3) propose appropriate revisions to the TMDL BASIN PLAN AMENDMENT to the Santa Ana RWQCB by June 30, 2010, and (4) allow watershed stakeholders to participate in efforts to meet appropriate water quality standards so that Canyon Lake and/or Lake Elsinore can be de- listed from the Clean Water Act Section 303(d) list of impaired water bodies, and E. Whereas, hundreds of individual agricultural and dairy operators are subject to the Canyon Lake and Lake Elsinore TMDLs and its component TMDL IMPLEMENTATION PLAN, and F. Whereas the Western Riverside County Agricultural Coalition(WRCAC) is a non- profit organization representing the interests of agricultural and dairy operators within the San Jacinto Watershed, and G. Whereas WRCAC's membership is open to any and all agricultural and dairy operators within the San Jacinto watershed, and H. Whereas, March Air Reserve Base (MARB) is an installation of the United States Air Force, and the San Bernardino and Cleveland National Forest are on federal lands under the administration and management of the Forest Service. Both are agencies of the federal government, and are therefore subject to limitations in their ability to comply with every provision stated herein to the same extent that other non - federal TASK FORCE AGENCIES are able to comply. These limitations are based upon, but not limited to, those identified in the federal Clean Water Act, the federal Antideficiency Act, the principle of sovereign immunity and the holdings of the Supreme Court of the United States, and other binding federal court decisions, as they interpret those sources of federal law. The limitations so mentioned include, but are not limited to, the availability of federal funding to pay for participation in this program, and the ability of MARB and Forest Service to participate directly in sampling, research or data gathering activities which are not located on or near MARB or National Forest System lands or a point source of water discharge arising on MARB or National Forest System lands, or other activities not specifically authorized by the Federal Clean Water Act section 313. To the extent that the limitations described herein prevent MARB or Forest Service from fully participating in any aspect of this program, they reserve the right, in their sole discretion, to participate in the program as a matter of comity. By entering into this agreement, MARB and Forest Service do not authorize any of the TASK FORCE AGENCIES to exercise regulatory authority over them. MARB and Forest Service agree that State and federal regulatory agencies that are or may 2 CC December 08, 2009 Item No. 4 Page 6 of 20 become members of this TASK FORCE have regulatory authority over MARB and Forest Service only to the extent permitted by State or Federal Law. I. Whereas, the TASK FORCE AGENCIES acknowledge and agree that the effectiveness of the TASK FORCE may be improved by the inclusion of other agencies as additional TASK FORCE AGENCIES to the TASK FORCE, and J. Whereas, the Riverside County Flood Control and Water Conservation District (RCFC &WCD) serves as the Principal Permittee for the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System Permit (MS4) for the Santa Ana Region of Riverside County, and K. Whereas, the County of Riverside and Cities of Beaumont, Canyon Lake, Hemet, Lake Elsinore, Moreno Valley, Murrieta, Perris, Riverside, San Jacinto are MS4 CO- PERMITTEES for the NPDES MS4 Permit for the Santa Ana Region of Riverside County, and L. Whereas, the MS4 PRINCIPAL PERMITTEE and MS4 CO- PERMITTEES collectively represent the MS4 PERMITTEES within the San Jacinto Watershed, and M. Whereas, the NPDES MS4 Permit for the Santa Ana Region of Riverside County is regulated by the REGIONAL BOARD and subject to the requirements of the nutrient TMDLs for Canyon Lake and Lake Elsinore, and N. Whereas RCFC &WCD has agreed to provide services on behalf of itself as an NPDES MS4 PERMITTEE and on behalf of the MS4 CO- PERMITTEES for the purposes of this AGREEMENT, and O. Whereas RCFC &WCD has prepared and reviewed the MS4 CO- PERMITTEES cost share allocation with MS4 CO- PERMITTEE staff at the NPDES MS4 Permit Technical Advisory Committee Meetings and with the affected City Managers and County Executive Office, or designated representatives thereof during the NPDES MS4 Permit Management Steering Committee Meeting of February 16, 2006, and P. Whereas, the TMDL assigned nutrient waste load allocations for supplemental water (herein SUPPLEMENTAL WATER) addition to Lake Elsinore to stabilize the Lake's elevation, and Q. Whereas, the nutrient waste load allocation for SUPPLEMENTAL WATER, which includes Island Well water, EVMWD treatment plant effluent, and other sources of non - stormwater, may reduce the TMDL waste load allocation and TMDL load allocation of other point and non -point sources because in -lake nutrient capacity was not adjusted to account for increased lake levels associated with the addition of SUPPLEMENTAL WATER, and R. Whereas, the assumptions regarding load allocations for SUPPLEMENTAL WATER may not be consistent with the actual operation of SUPPLEMENTAL WATER sources, and 3 CC December 08, 2009 Item No. 4 Page 7 of 20 S. Whereas, the City of Lake Elsinore and EVMWD previously entered into an agreement to equally share the cost of SUPPLEMENTAL WATER addition to the Lake under the "Lake Elsinore Comprehensive Water Management Agreement ", and T. Whereas, for the purposes of this AGREEMENT, the City of Lake Elsinore shall be acknowledged and recognized as a separate and equal contributor with EVMWD for the cost and voting rights accorded under this AGREEMENT attributed to EVMWD for SUPPLEMENTAL WATER addition, and U. Whereas, the TASK FORCE AGENCIES have considered many alternative cost sharing methodologies based on TMDL assigned load allocation, load reduction, and permutations thereof; and V. Whereas, certain TASK FORCE AGENCIES were strong proponents of cost sharing based on load allocation and other TASK FORCE AGENCIES were strong proponents of cost sharing based on load reduction, and W. Whereas, these TASK FORCE AGENCIES have been unable to agree upon a methodology for distributing costs based on either an allocation or a load reduction methodology; and X. Whereas, the TASK FORCE AGENCIES have reviewed and agreed upon an interim negotiated cost allocation methodology acceptable to all TASK FORCE AGENCIES for the purposes of initiating the TASK FORCE, based on consideration of TMDL assigned load allocations, load reductions, and permutations thereof, and Y. Whereas, the TASK FORCE AGENCIES agree that certain nutrient dischargers have been either inappropriately named or not named as responsible parties for various tasks in the BASIN PLAN AMENDMENT; and Z. Whereas, the TASK FORCE AGENCIES agree that agricultural and dairy lands are converting to urban and open space lands, and AA. Whereas, the TASK FORCE AGENCIES agree that an amendment to the TMDL to address, at minimum, the proper naming of responsible parties for various tasks in the TMDL IMPLEMENTATION PLAN, to correct the load allocation and waste load allocations to properly address the impacts of SUPPLEMENTAL WATER on Lake Elsinore, and to revise the load allocation and waste load allocations to address the ongoing conversion of agriculture and dairy lands to urban and/or open space should be addressed as part of a revision to the TMDL IMPLEMENTATION PLAN, and BB. Whereas, the TASK FORCE AGENCIES agree that upon amendment of the existing BASIN PLAN AMENDMENT, including the TMDL IMPLEMENTATION PLAN, by the Regional Board to address, at a minimum, the issues described in Recital Z, the TASK FORCE AGENCIES will amend this AGREEMENT to revise the cost allocation methodology for future fiscal years to incorporate a task - specific cost sharing methodology, based on assigned load allocation or waste load allocation of TASK FORCE AGENCIES, or categories of TASK FORCE AGENCIES, responsible for each TMDL IMPLEMENTATION PLAN task, and 4 CC December 08, 2009 Item No. 4 Page 8 of 20 CC. Whereas, MARB agrees to budget for and to participate in the TASK FORCE, provided that sufficient funds are appropriated by the Congress, in FY 06 -07 and future years, and on the condition that funding requirements under this agreement do not violate the Anti - deficiency Act, and provided that the Task Force Agencies agree to relocate the proposed monitoring station from Kitching Channel to the Heacock drainage channel, and use any fees provided by MARB, for participation in this program, to establish and monitor this station. 5 CC December 08, 2009 Item No. 4 Page 9 of 20 II. COVENANTS NOW, THEREFORE; in consideration of the foregoing recitals and mutual covenants contained herein, the TASK FORCE AGENCIES agree as follows: 1. Creation of a Task Force. There is hereby created a "Lake Elsinore and Canyon Lake TMDL Task Force" ( "TASK FORCE ") initially consisting of the TASK FORCE AGENCIES and certain Non - Voting, Non - Funding Members as more specifically provided for in paragraph 2 below. 2. Representation on the Task Force. a. Appointment. Concurrently with the execution of this Agreement, each TASK FORCE AGENCY shall, in accordance with such TASK FORCE AGENCY's own governing provisions, appoint one primary representative to the TASK FORCE and one alternate representative to act in the absence of the primary representative (hereinafter collectively referred to as "REPRESENTATIVES" or individually as "REPRESENTATIVE "). The REPRESENTATIVES shall have the authority to act on behalf of its appointing TASK FORCE AGENCY. The REPRESENTATIVES shall serve at the pleasure of the appointing TASK FORCE AGENCY and may be removed at any time, with or without cause by such TASK FORCE AGENCY; provided, however, that the TASK FORCE AGENCIES acknowledge and agree the continuity of representation on the TASK FORCE is important to the overall effectiveness of the TASK FORCE, and the TASK FORCE AGENCIES further agree to ensure such continuity whenever possible. b. Additional Agencies. The TASK FORCE AGENCIES acknowledge and agree that the effectiveness of the TASK FORCE may be improved by the inclusion of other agencies as additional TASK FORCE AGENCIES to the TASK FORCE. Such agencies may join the TASK FORCE on such written terms and conditions as are acceptable to all then existing TASK FORCE AGENCIES of the TASK FORCE, including, but not limited to, agreed -upon cash contributions for past, present, and/or future work, of the TASK FORCE. The inclusion of such agencies as additional TASK FORCE AGENCIES to the TASK FORCE shall be effected by a written amendment to this AGREEMENT signed by all then existing TASK FORCE AGENCIES. Such additional TASK FORCE AGENCIES shall each appoint their TASK FORCE primary REPRESENTATIVE and alternate REPRESENTATIVE as provided in Section II.2.a. above or in said written amendment. The following agencies will be considered for inclusion as additional TASK FORCE AGENCIES in future amendments to this AGREEMENT within the meaning of this section: Any other named stakeholder in any future amendments of the BASIN PLAN AMENDMENT. 6 CC December 08, 2009 Item No. 4 Page 10 of 20 c. Non- Voting, Non - Funding Members. The Regional Board, Lake Elsinore and San Jacinto Watersheds Authority and the San Jacinto River Watershed Council are hereby appointed as Non - Voting, Non - Funding Members of the TASK FORCE. Additional Non - Voting, Non - Funding Members may be appointed by a majority vote of the TASK FORCE representatives. Non - Voting, Non - Funding Members appointed herein, and any appointed in the future are authorized only to make recommendations upon the functioning of this TASK FORCE and the development of this program. Federal, State and local regulatory agencies acting as Non - Voting, Non - Funding Members, now or in the future, retain authority to regulate TASK FORCE MEMBERS only to the extent that they are so authorized under state and federal law. d. Dairy and Agricultural Operators. The TASK FORCE AGENCIES acknowledge that the Western Riverside County Agriculture Coalition (WRCAC) shall represent the collective interest of both agricultural and dairy operators in the San Jacinto River Watershed in the TASK FORCE at this time. WRCAC shall appoint two primary TASK FORCE REPRESENTATIVES and two alternate REPRESENTATIVES as provided in Section II.2.a. One set of REPRESENTATIVES shall be designated for agricultural operator interests, the other set of REPRESENTATIVES shall be designated for dairy interests for the purposes of this TASK FORCE. e. Committees. The TASK FORCE may establish subcommittees, consisting of REPRESENTATIVES and Non - Voting, Non - Funding Members who shall be selected by, and serve at the pleasure of, the TASK FORCE. f. Task Force Administrator. A TASK FORCE administrator (hereinafter "TASK FORCE ADMINISTRATOR ") shall be appointed by the TASK FORCE. The TASK FORCE ADMINISTRATOR shall have the following administrative responsibilities: (1) Organizing and facilitating TASK FORCE meetings; (2) Secretarial, clerical, and administrative services; (3) Managing TASK FORCE funds and preparing annual reports of TASK FORCE assets and expenditures; (4) Retaining TASK FORCE - authorized consultants; and (5) Seeking funding grants to assist with achieving the work of the TASK FORCE and other goals and objectives approved by TASK FORCE AGENCIES. The TASK FORCE AGENCIES hereby appoint the Lake Elsinore and San Jacinto Watersheds Authority as the initial TASK FORCE ADMINISTRATOR. 7 CC December 08, 2009 Item No. 4 Page 11 of 20 g. Meetings of the Task Force. (i) Frequency and Location. The TASK FORCE shall, by resolution or motion, agree upon the time and place for holding its regular meetings. Special meetings may be called at the request of the TASK FORCE ADMINISTRATOR or by a majority of the TASK FORCE REPRESENTATIVES. (ii) Task Force Chair. The TASK FORCE REPRESENTATIVES shall select a chair and a vice - chair. The term of the chair and vice -chair shall be one year and shall be rotated among the TASK FORCE REPRESENTATIVES interested in serving as chair. (iii) Quorum. One half or more of the REPRESENTATIVES of the TASK FORCE shall constitute a QUORUM. (iv) Voting. Actions of the TASK FORCE shall be validly taken only when a QUORUM is present and upon the affirmative vote of a MAJORITY of the TASK FORCE REPRESENTATIVES. A MAJORITY of the REPRESENTATIVES shall be determined as follows: Each TASK FORCE AGENCY shall have one vote (herein VOTE) assigned for each $1,000 increment of PRO RATA COST SHARE, as described in Paragraph II.5 below, contributed to the TASK FORCE budget developed for a given fiscal year (hereinafter "BUDGET "). A MAJORITY of the REPRESENTATIVES shall consist of greater than 50% of the total VOTES based on the BUDGET for the fiscal year during which the action is taken. (v) Brown Act. All meetings of the TASK FORCE or any of its committees shall be conducted as may be required by any applicable provisions of the Ralph M. Brown Act (California Government Code § §54950 et seq.). The provisions contained in the Ralph M. Brown Act shall prevail in the event of any conflict with provisions contained in this AGREEMENT. The TASK FORCE may adopt such additional rules and regulations as may be required for the conduct of its affairs so long as such rules and regulations do not conflict with this AGREEMENT. 3. Work of the Task Force. The TASK FORCE shall perform the following tasks in accordance with guidelines established by the Regional Board: a. To retain consulting services to review scientific and other assumptions contained within the TMDL. Consultant(s) shall provide a report identifying preliminary TMDL opportunities such as site specific objectives, pollutant trading strategies, and integration strategies. The final 8 CC December 08, 2009 Item No. 4 Page 12 of 20 scope of work shall be approved by the Task Force. The report shall specifically consider assumptions supporting the TMDL. The report should also provide preliminary analysis of the ability to achieve in -lake nutrient reductions and verify that load assignments are appropriate. Upon completion of the report, Consultant(s) shall also review work described herein, and make recommendations to ensure that work is specifically designed to resolve any deficiencies, where appropriate. Consultant(s) shall also coordinate development of BASIN PLAN AMENDMENT language, in coordination with the Regional Board, which can be used to revise the TMDLs as part of the Regional Board's Triennial Reviews at a minimum, or no later than by June 2010. b. TMDL IMPLEMENTATION PLAN Task 4 - Develop and Implement a Watershed -wide Nutrient Monitoring Program. This program shall obtain data necessary to update the Lake Elsinore and Canyon Lake Nutrient TMDL, and to determine compliance with interim and final nitrogen and phosphorus allocations, and compliance with the nitrogen and phosphorus TMDLs. Monitoring and management of monitoring data to update the Lake Elsinore and Canyon Lake Nutrient TMDL shall commence immediately upon approval of this AGREEMENT. An annual report summarizing the data collected for the year shall be submitted to the Regional Board by August 15 of each year commencing in 2007. c. TMDL IMPLEMENTATION PLAN Task 4 - Develop and Implement a Lake Elsinore and Canyon Lake Nutrient Monitoring Program. This program shall obtain data necessary to update the Lake Elsinore and Canyon Lake Nutrient TMDLs, and to determine compliance with interim and final nitrogen, phosphorus, chlorophyll a and dissolved oxygen numeric targets. In addition, the monitoring program shall determine the relationship between ammonia toxicity and the total nitrogen allocation to ensure that the total nitrogen allocation will prevent ammonia toxicity in Lake Elsinore and Canyon Lake. Monitoring and management of monitoring data shall commence immediately upon approval of this agreement. An annual report summarizing the data collected for the year shall be submitted to the Regional Board by August 15 of each year commencing in 2007. d. TMDL IMPLEMENTATION PLAN Tasks 9 and 10 - Develop and Implement a Plan to Reduce NUTRIENTS in Lake Elsinore sediments and develop a sediment nutrient treatment evaluation plan for Canyon Lake. The plans shall evaluate the efficacy of various in -lake treatment technologies to prevent the release of NUTRIENTS from lake sediments as a long -term strategy for control of NUTRIENTS in the sediment. The program may also include a sediment nutrient monitoring program to evaluate the effectiveness of any technologies that may be implemented. Target Date for Completion: March 31, 2007. e. TMDL IMPLEMENTATION PLAN Task 11 - Develop and Implement a Plan and Schedule for Updating the Existing Lake Elsinore /San Jacinto 9 CC December 08, 2009 Item No. 4 Page 13 of 20 River Watershed Nutrient Model and the Canyon Lake and Lake Elsinore In -Lake Models. Develop and implement a plan and schedule to update and execute Watersheds and in -lake models to track the progress of TMDL efforts. In -lake models should be analyzed as soon as sufficient data becomes available. Target Date for Completion: March 31, 2007. f. TMDL IMPLEMENTATION PLAN Task 12 - Investigate, Develop and Implement a Pollutant Trading Plan. Investigate the feasibility of pollutant trading in the Watersheds, and develop a feasibility plan for Regional Board review and approval. Target Date for Completion: September 30, 2007. g. Investigate Long Term TMDL Implementation Structure, Cost Sharing Formula and Funding Sources. Investigate possible long term administrative structures, cost sharing formulas and funding sources that can be used to obtain compliance with the TMDL requirements. Target Date for Completion: June 30, 2010. h. Other Tasks. The TASK FORCE may undertake such other plans, programs and studies as authorized by the TASK FORCE pursuant to II.2.g. of this AGREEMENT. i. Limitations on MARB and Forest Service. As described above in Section I.H, MARB is an agency of the federal government and is therefore unable to participate in each and every aspect of Section 3 to the same extent as other TASK FORCE MEMBERS. To the extent that it is unable to participate in any tasks under section 3, it reserves the right, in its sole discretion, to participate to the fullest extent that it is able, as a matter of comity. 4. Budgets. Beginning in FY2007 -2008, the total annual budget (BUDGET), adjusted to remove in -kind services, grant funding and funding credits associated with this AGREEMENT shall not exceed $800,000, except as authorized by the TASK FORCE via two - thirds approval via VOTES based on the BUDGET for the then current fiscal year pursuant to II.2.g. of this AGREEMENT. The TASK FORCE ADMINSTRATOR shall prepare and submit a proposed BUDGET for each fiscal year of this AGREEMENT to the TASK FORCE AGENCIES by November 30th. The proposed BUDGET shall include all anticipated costs for the scope(s) of work developed by the TASK FORCE for the next fiscal year. The TASK FORCE REPRESENTATIVES shall approve the BUDGET by December 31 Each TASK FORCE AGENCY shall pay its PRO -RATA SHARE of the approved fiscal year's TASK FORCE BUDGET and arrears by August 31 of the following year. The BUDGET for the eighteen (18) month period starting January 1, 2006 and extending through June 30, 2007 and estimated fiscal year BUDGETS through June 30, 2010 are included as Attachment A to the AGREEMENT. Approval of this AGREEMENT shall constitute approval of the BUDGET through June 30, 2007. Payment of the BUDGET through June 30, 2007 shall be by August 31, 2006, or within 30 days 10 CC December 08, 2009 Item No. 4 Page 14 of 20 of the approval of this AGREEMENT by each TASK FORCE AGENCY, whichever is sooner. The TASK FORCE ADMINISTRATOR shall endeavor to minimize carry -over fund balances to those necessary to complete work of the TASK FORCE and to maintain contingencies limited to those necessary to ensure work of the TASK FORCE is not impeded. Excess not necessary to complete budgeted work of the TASK FORCE or maintain adequate reserves shall be credited back to the TASK FORCE AGENCIES in the BUDGET consistent with the PRO -RATA SHARE methodology described in Paragraph II.5 below. THE TASK FORCE AGENCIES shall agree to a reasonable reserve balance as part of each year's BUDGET. After September 30 of each year, the TASK FORCE ADMINSTRATOR shall provide an accounting of all PRO RATA SHARES collected via cash or in -kind contributions. If PRO RATA SHARES collected are less than BUDGET, the TASK FORCE shall meet with Regional Board staff to determine appropriate priorities for scheduled TASK FORCE work and revise BUDGET based on available funds. 5. Pro -Rata Share Calculation. The annual PRO -RATA SHARE shall be calculated in the following manner: The PRO -RATA SHARE for MS4 CO- PERMITTEES, Agricultural Operators and EVMWD shall be based on the BUDGET reduced by the value of available grant funding identified in Section 1 of Attachment A and in -kind services identified in Section 3 of Attachment A (LINE lk BUDGET). The PRO -RATA SHARE for MS4 CO- PERMITTEES, and Agricultural Operators shall each be 28.5% of the LINE lk BUDGET. Based on the prior agreement of EVMWD and the CITY OF LAKE ELSINORE involving the sharing of cost for supplemental water into Lake Elsinore, the PRO -RATE SHARE for EVMWD and the CITY OF LAKE ELSINORE shall each be 14.25% of the LINE 1K BUDGET. The PRO -RATA SHARE for Dairy shall be 5% of the LINE lk BUDGET. The PRO -RATA SHARE for RCFC &WCD shall be the cash value of the in -kind services described in Section 3 of Attachment A. The PRO -RATA SHARE for all other TASK FORCE AGENCIES shall be as a base amount set forth in the BUDGET. The PRO -RATA SHARE for additional TASK FORCE AGENCIES shall be per in kind services and/or an amount agreed upon via written amendment of this AGREEMENT per Section II.2.b. If the estimated funds collected under the PRO -RATA SHARE calculations exceed the BUDGET, the contributions of MS4 CO- PERMITTEES, EVMWD, City of Lake Elsinore, Agricultural Operators, Dairy and other TASK FORCE 11 CC December 08, 2009 Item No. 4 Page 15 of 20 AGENCIES contributing in excess of the base amount shall be raised or reduced proportionately based on the percentage of their PRO -RATA SHARE, until the estimated total PRO -RATA SHARES equals the BUDGET. RCFC &WCD shall provide the TASK FORCE ADMINSTRATOR with annual individual MS4 CO- PERMITTEE cost share distribution of the MS4 CO- PERMITTEES PRO -RATA SHARE for budgets following Fiscal Year 2006 -07. The methodology used by RCFC &WCD to calculate the MS4 CO- PERMITEE cost share distribution may be amended at the NPDES MS4 Management Steering Committee. 6. In -Kind Credits. The PRO -RATA SHARE of a TASK FORCE AGENCY shall be reduced by the value of IN -KIND CREDITS provided toward agreed -upon budgeted tasks by, or on behalf, of the TASK FORCE AGENCY(S). Credits shall be applied to each budget period and adjusted at the end of each budget year based on actual verified costs. 7. Modifications to the TASK FORCE PRO -RATA SHARE methodology. The methodology deriving the TASK FORCE PRO -RATA SHARE as provided in Section II.5 of this AGREEMENT may be modified upon written approval of all then existing TASK FORCE AGENCIES whose PRO -RATA SHARE would be affected. 8. The TASK FORCE AGENCIES shall cooperate fully with one another to attain the purposes of this AGREEMENT. 9. Nothing in this AGREEMENT, nor the work set forth in this AGREEMENT, nor any activity approved or carried out by the TASK FORCE AGENCIES hereunder, is intended to be nor shall be interpreted as a waiver by TASK FORCE AGENCIES of the "Maximum Extent Practicable" standard set forth in the Clean Water Act (33 U.S.C. Section 1251 et seq.). 10. Each TASK FORCE AGENCY shall indemnify, defend, and hold each of the other TASK FORCE AGENCIES, including their special districts, officials, agents, officers, and employees, harmless from and against any and all liability and expense arising from any act or omission of such TASK FORCE AGENCY, its officials, agents, officers, and employees, in connection with this AGREEMENT, including but not limited to defense costs, legal fees, claims, actions, and causes of action for damages of any nature whatsoever, including but not limited to bodily injury, death, personal injury, or property damage; provided, however, that no TASK FORCE AGENCY shall indemnify another TASK FORCE AGENCY for that TASK FORCE AGENCY's own negligence or willful misconduct. MARB and the Forest Service, as agencies of the federal government, are unable to indemnify or hold harmless any other TASK FORCE AGENCY for any liability arising under this agreement. MARB and the Forest Service expressly do not indemnify or hold harmless any TASK FORCE AGENCY for any injuries or 12 CC December 08, 2009 Item No. 4 Page 16 of 20 liabilities, to itself, to any third party or to MARB, or the Forest Service, or its employees under this agreement or any activities carried out under authority of this agreement. 11. In light of the provisions of Section 895.2 of the Government Code of the State of California imposing certain tort liability jointly upon public entities solely by reason of such entities being parties to an agreement (as defined in Section 895 of said Code), each of the TASK FORCE AGENCIES hereto, pursuant to the authorization contained in Sections 895.4 and 895.6 of said Code, shall assume the full liability imposed upon it or any of its officers, agents, or employees by law for injury caused by any act or omission occurring in the performance of this AGREEMENT to the same extent that such liability would be imposed in the absence of Section 895.2 of said Code. To achieve the above stated purpose, each of the TASK FORCE AGENCIES indemnifies, defends, and holds harmless each other TASK FORCE AGENCY for any liability, cost, or expense that may be imposed upon such other TASK FORCE AGENCY solely by virtue of said Section 895.2. The provisions of Section 2778 of the California Civil Code are made a part hereof as if incorporated herein. MARB and the Forest Service, as agencies of the federal government, are unable to indemnify or hold harmless any other TASK FORCE AGENCY for any liability arising under this agreement. MARB and the Forest Service expressly do not indemnify or hold harmless any TASK FORCE AGENCY for any injuries or liabilities, to itself, to any third party or to MARB or Forest Service or their employees under this agreement or any activities carried out under authority of this agreement. Tort liability for federal employees, including employees of MARB and Forest Service, is expressly authorized and limited by the Federal Tort Claims Act, which will control liability of MARB and the Forest Service and their employees under the terms of this agreement. 12. All obligations of CALTRANS under the terms of this AGREEMENT are subject to the appropriation of the resources by the Legislature and the allocation of resources by the California Transportation Commission. This AGREEMENT has been written before ascertaining the availability of Federal or State legislative appropriation of funds, for the mutual benefit of the TASK FORCE AGENCIES in order to avoid program and fiscal delays that would occur if the AGREEMENT were executed after that determination was made. This AGREEMENT is valid and enforceable as to CALTRANS as if sufficient funds have been made available to CAL TRANS by the United States Government or California State Legislature for the purposes set forth in this AGREEMENT. If the United States Government or the California State Legislature does not appropriate sufficient funds for CALTRANS to participate in this AGREEMENT, this AGREEMENT may be amended in writing by the TASK FORCE AGENCIES to reflect any agreed -upon reduction in the percentage of funds contributed by CALTRANS to continue its participation in this AGREEMENT. CALTRANS, however, has the option to withdraw from this AGREEMENT in the event sufficient funds are not appropriated for CAL TRANS. Should CALTRANS exercise its option to withdraw from this AGREEMENT, CALTRANS shall remain responsible for its 13 CC December 08, 2009 Item No. 4 Page 17 of 20 share of liability, if any, incurred while participating in this AGREEMENT. 13. No TASK FORCE AGENCY shall have a financial obligation to any other TASK FORCE AGENCY under this AGREEMENT, except as expressly provided herein. 14. Any notices, invoices, reports, correspondence, or other communication concerning this AGREEMENT shall be directed to the TASK FORCE AGENCY REPRESENTATIVE on file with the TASK FORCE ADMINISTRATOR, except that any TASK FORCE AGENCY may change its name or address by giving the other TASK FORCE AGENCIES at least ten days written notice of the new name or address. 15. The TASK FORCE AGENCIES are, and shall at all times remain as to each other, wholly independent entities. No TASK FORCE AGENCY to this AGREEMENT shall have power to incur any debt, obligation, or liability on behalf of any other TASK FORCE AGENCY unless expressly provided to the contrary by this AGREEMENT. No employee, agent, or officer of a TASK FORCE AGENCY shall be deemed for any purpose whatsoever to be an agent, employee or officer of another TASK FORCE AGENCY. 16. This AGREEMENT shall be binding upon and shall inure to the benefit of the respective successors, heirs, and assigns of each TASK FORCE AGENCY. 17. This AGREEMENT shall be governed by, interpreted under and construed and enforced in accordance with the laws of the State of California, except as to the Forest Service and the March Air Reserve Base to whom federal law is applicable. 18. If any provision of this AGREEMENT shall be determined by any court to be invalid, illegal or unenforceable to any extent, the remainder of this AGREEMENT shall not be affected and this AGREEMENT shall be construed as if the invalid, illegal, or unenforceable provision had never been contained in this AGREEMENT. 19. Each individual TASK FORCE AGENCY has been represented by its own separate counsel in the preparation and negotiation of this AGREEMENT. Accordingly, this AGREEMENT shall be construed according to its fair language and any ambiguities shall not be resolved against the drafting TASK FORCE AGENCY. 20. Each of the persons signing below on behalf of a TASK FORCE AGENCY represents and warrants that he or she is authorized to sign this AGREEMENT on behalf of such TASK FORCE AGENCY. 21. Duration of Agreement. This AGREEMENT shall terminate June 30, 2010 (unless extended by mutual agreement of all TASK FORCE AGENCIES), provided that all debts and liabilities of the TASK FORCE are satisfied. Notwithstanding the foregoing, each TASK FORCE AGENCY reserves the right 14 CC December 08, 2009 Item No. 4 Page 18 of 20 to withdraw from the TASK FORCE at any time, upon sixty (60) days' prior written notice to the TASK FORCE. TASK FORCE contingency, projects and studies underway at the time of withdrawal shall continue to be fully funded by the withdrawing TASK FORCE AGENCY until the end of the fiscal year in which the TASK FORCE AGENCY gave notice to withdraw. 22. Counterparts. This AGREEMENT may be executed simultaneously or in any number of counterparts, each of which shall be deemed an original and together shall constitute one and the same instrument. 23. Amendment. This AGREEMENT may not be amended except in a writing signed by all the TASK FORCE AGENCIES. 24. Effective Date. This AGREEMENT shall become effective when it has been executed by all of the TASK FORCE AGENCIES. 15 CC December 08, 2009 Item No. 4 Page 19 of 20 IN WITNESS WHEREOF, the parties hereto have executed this agreement to form the Lake Elsinore and Canyon Lake TMDL Task Force has been executed as of the day and year first above written.' LAKE ELSINORE AND SAN JACINTO WATERSHED PROJECT AUTHORITY BY TITLE DATE APPROVED AS TO FORM By Attorney 16 CC December 08, 2009 Item No. 4 Page 20 of 20