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HomeMy WebLinkAboutCity Council Agenda Item No 04 L I E L I 110 RJ DREAM EX] R E: M L REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND COUNCILMEMBERS FROM: TOM EVANS, INTERIM CITY MANAGER DATE: JULY 10, 2012 SUBJECT: RENEWAL OF THE LAKE ELSINORE AND CANYON LAKE TMDL TASK FORCE AGREEMENT Recommendations 1) Approve the TMDL Task Force Agreement and authorize the Mayor to execute the agreement, subject to minor modifications as approved by the City Attorney. 2) Approve the following appointments as City Representatives to the Task Force: a. Primary Representative — Pat Kilroy, Director b. Alternate Representative — Rita Thompson, NPDES Coordinator Background In 1998, the Santa Ana Regional Water Quality Control Board designated Lake Elsinore and Canyon Lake as "impaired water bodies" pursuant to Section 303(d) of the federal Clean Water Act, due to 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 and California's Non -point Source Pollution Control Plan requires that total maximum daily Toads (TMDL) for nutrients be established by the Regional Board for these waterbodies to meet certain water quality targets by 2020. The Regional Water Quality Control Board (RWQCB) adopted 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 Lake Elsinore and Canyon Lake. The Basin Plan Amendment specifies, among other things, an 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, AGENDA ITEM NO. 4 Page 1 of 28 TMDL TF Agreement July 10, 2012 Page 2 development of an in -lake nutrient monitoring program for Lake Elsinore and Canyon Lake, 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. Discussion The City of Lake Elsinore is conditioned, along with many other agencies, in completing the tasks as outlined by the RWQCB. These tasks can be performed individually or collectively by stakeholders. In order to pool resources a stakeholders group was formed in 2006 and culminated in the formation of the TMDL Task Force Agreement. This agreement expired on June 30, 2012. Attached is the revised "Agreement to Form the Lake Elsinore and Canyon Lake TMLD Task Force ". Below are highlights of the agreement. 1. The term of the agreement is effective June 18, 2012 and expires June 30, 2017. 2. LESJWA, Lake Elsinore /San Jacinto Watershed Authority, shall act as the Task Force Administrator. 3. Votes allotted to members shall be proportional to the member's annual budget contribution, with one vote for each $1,000 increment of the annual budget. 4. Actions shall pass on a simple majority vote or >50% of all votes allocated based on the annual budget. 5. The budget shall be approved annually by member agencies. The annual budget shall be capped at $800,000 unless amended by a two- thirds vote. For FY 2012 -2013 the Total Annual Budget for the Task Force is $481,000. 6. The RWQCB has agreed to decrease the monitoring requirements in the watershed in exchange for funding implementation projects. Given Lake Elsinore has implemented several water quality projects (Ex: aeration /mixing systems), the RWQCB requires planning for projects in Canyon Lake. 7. A member agencies share of the budget is a combination of equal shares for administrative costs plus each agencies pro -rata share of their nutrient Toad contribution to Lake Elsinore or Canyon Lake. The City's share of the budget is primarily related to the mass of nutrients contained in Page 2 of 28 TMDL TF Agreement July 10, 2012 Page 3 supplemental water and local stormwater runoff. The City's Tuscany Hills development includes stormwater runoff into Canyon Lake. 8. In the future, major capital improvement projects and associated annual operating costs will be paid voluntarily by participating agencies needing nutrient offset credits. A Pollutant Trading Program is being developed separate from the TMDL TF Agreement. 9. 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. The City of Lake Elsinore has an estimated accumulated reserve credit of $106,000. 10. Appointments — The City Council will need to appoint one primary and one alternate representative to the Task Force. Fiscal Impact Approval of this item will result in an expenditure of $23,421 for FY'12 -13. This expenditure has been previously budgeted in City's GF Budget. Prepared by: Pat Kilroy, Director Lake, Parks, and Recreation Department (42',2_, Approved by: Tom Evans, Interim City Manage Attachments: • 2012 Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force • FY 2012 -2013 TMDL TF Budget Page 3 of 28 Page: 4 of 28 FINAL 6/18/12 AGREEMENT TO FORM THE LAKE ELSINORE AND CANYON LAKE TMDL TASK FORCE This Agreement to form the Lake Elsinore and Canyon Lake TMDL Task Force (hereinafter "AGREEMENT ") is made and effective this 18th day of June, 2012 by and among the following entities, which are hereinafter sometimes collectively referred to as "TASK FORCE AGENCIES" or individually as "TASK FORCE AGENCY ": • California Department of Fish and Game • City of Wildomar • California Department of Transportation • County of Riverside • City of Beaumont • Eastern Municipal Water District • City of Canyon Lake • Elsinore Valley Municipal Water District • City of Hemet • March Joint Powers Authority • City of Lake Elsinore • Riverside County Flood Control and Water • City of Menifee Conservation District • City of Moreno Valley • U.S. Air Force (March Air Reserve Base) • City of Murrieta • Western Riverside County Agriculture Coalition • City of Perris (on behalf of the participating Dairy Operators • City of Riverside and participating Agricultural Operators in the • City of San Jacinto San Jacinto River Basin) 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 and California's Non -point Source Pollution Control Plan 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, 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 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; Page 5 of 28 Lake Elsinore /Canyon Lake TMDL Task Force Agreement 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, 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 303(d) list of impaired water bodies; 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; F. Whereas, the Western Riverside County Agricultural Coalition(WRCAC) is a non - profit organization representing the interests of participating agricultural and dairy operators within the San Jacinto Watershed; G. Whereas, WRCAC's membership is open to any and all agricultural and dairy operators within the San Jacinto watershed; H. Whereas, March Air Reserve Base (MARB) is an installation of the United States Air Force on federal lands and, as an agency of the federal government, is therefore subject to limitations in its 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 to participate directly in sampling, research or data gathering activities which are not located on or near MARB lands or a point source of water discharge arising on MARB 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 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 does not authorize any of the TASK FORCE AGENCIES to exercise regulatory authority over them. MARB agrees that State and federal regulatory agencies that are or may become members of this TASK FORCE have regulatory authority over MARB 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; J. Whereas, the Riverside County Flood Control and Water Conservation District (RCFC &WCD) serves as the MS4 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; K. Whereas, the County of Riverside and Cities of Beaumont, Canyon Lake, Hemet, Lake Elsinore, Moreno Valley, Murrieta, Perris, Riverside, San Jacinto, Menifee, Wildomar are MS4 CO- PERMITTEES for the NPDES MS4 Permit for the Santa Ana Region of Riverside County; L. Whereas, the MS4 PRINCIPAL PERMITTEE and MS4 CO- PERMITTEES collectively represent the MS4 PERMITTEES within the San Jacinto Watershed; 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; N. Whereas RCFC &WCD has agreed to provide services on behalf of itself as MS4 PRINCIPAL PERMITTEE and on behalf of the MS4 CO- PERMITTEES for the purposes of this AGREEMENT; 2 Page 6 of 28 Lake Elsinore /Canyon Lake TMDL Task Force Agreement O. Whereas, the TMDL assigned nutrient waste load allocations for Supplemental Water addition to Lake Elsinore to stabilize the Lake's elevation; P. 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; Q. Whereas, the assumptions regarding load allocations for Supplemental Water may not be consistent with the actual operation of Supplemental Water sources; R. 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 ", S. 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; T. 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; U. Whereas, the TASK FORCE AGENCIES agree that agricultural and dairy lands are converting to urban and open space lands; V. 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 W. Whereas, MARB agrees to budget for and to participate in the TASK FORCE, provided that sufficient funds are appropriated by the Congress, 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. 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 ") 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 3 Page 7 of 28 Lake Elsinore /Canyon Lake TMDL Task Force Agreement 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. 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 participating 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: 4 Page 8 of 28 Lake Elsinore /Canyon Lake TMDL Task Force Agreement (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. (6) Possible administrator of future pollutant trading (water quality trading) agreements. The TASK FORCE AGENCIES hereby appoint the Lake Elsinore and San Jacinto Watersheds Authority as the initial TASK FORCE ADMINISTRATOR. 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 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. 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) 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 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 5 Page 9 of 28 Lake Elsinore /Canyon Lake TMDL Task Force Agreement 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. b. TMDL IMPLEMENTATION PLAN Task 4 - 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. c. TMDL IMPLEMENTATION PLAN Task 4 - 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. Lake monitoring and management of lake monitoring data shall be deferred based on agreement with the Regional Board. Thereafter, an annual report summarizing the data collected for the year shall be submitted to the Regional Board by August 15 of each year. d. TMDL IMPLEMENTATION PLAN Tasks 9 and 10 - Implement a Plan to Reduce Nutrients from sediments in Lake Elsinore and Canyon Lake. The projects will be based on prepared 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 Date: July 1, 2015 (Interim TMDL targets) July 1, 2020 (Final TMDL targets). e. TMDL IMPLEMENTATION PLAN Task 11 - Implement a Plan and Schedule for Updating the Existing Lake Elsinore /San Jacinto 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: December 31, 2018. f. TMDL IMPLEMENTATION PLAN Task 12 - Investigate, Develop and Implement a Pollutant (Water Quality) 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: December 31, 2012. 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: December 31, 2012. 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. 6 Page 10 of 28 Lake Elsinore /Canyon Lake TMDL Task Force Agreement i. Limitations on MARB. 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. The total Annual 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 fiscal year 2012- 2013 and estimate for fiscal year 2013- 2014 is included as Attachment A to the Agreement. Approval of this Agreement shall constitute approval of the Budget for fiscal year 2012- 2013. Payment of the fiscal year 2012- 2013 Budget shall be by August 31, 2012, or within 30 days 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 30th 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: A. TMDL TASK FORCE costs are identified within the Task Force Budget under Part A: Task Force Regulatory/Administrative Budget (see Exhibit "A ") and starting in FY 13 -14 shall be shared equally by the TASK FORCE AGENCIES . 13. TMDL TASK FORCE costs identified within the Task Force Budget under Part B: TMDL Implementation Project Budget (see Exhibit "A ") shall be shared by the TASK FORCE AGENCIES, based upon participation in the individual program or project. The PRO -RATA SHARE for each TASK FORCE AGENCIES under Part B shall be per an amount agreed upon and/or in kind services among the participating parties. C. 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. 7 Page 11 of 28 Lake Elsinore /Canyon Lake TMDL Task Force Agreement 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 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 each Fiscal Year. 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. Pro rata cost shares assigned to TASK FORCE AGENCIES who are not PARTIES to this Agreement shall be considered unfunded portions of the BUDGET and are addressed in Section 1I.4, paragraph 3 of this Agreement. 6. In -Kind Credits. The TASK FORCE shall accept in -kind contributions or credits for TASK FORCE work defined under this AGREEMENT per Section 11.3 as agreed to annually by the TASK FORCE. 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 unless deferred to a future budget year among the TASK FORCE AGENCIES with credits. 7. Modifications to the TASK FORCE PRO -RATA SHARE methodology. The methodology deriving the TASK FORCE PRO -RATA SHARE as provided in Section 1I.5 of this Agreement may be modified upon written approval of all then existing TASK FORCE AGENCIES who's 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, as an agency of the federal government, is unable to indemnify or hold harmless any other TASK FORCE AGENCY for any liability arising under this agreement. MARB expressly does not indemnify or hold harmless any other TASK FORCE AGENCY for any injuries or liabilities, to itself, to any third party or to MARB, or its employees under this agreement or any activities carried out under authority of this agreement. 8 Page 1.2 of 28 Lake Elsinore /Canyon Lake TMDL Task Force 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, as an agency of the federal government, is unable to indemnify or hold harmless any other TASK FORCE AGENCY for any liability arising under this agreement. MARB expressly does not indemnify or hold harmless any TASK FORCE AGENCY for any injuries or liabilities, to itself, to any third party or to MARB 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, is expressly authorized and limited by the Federal Tort Claims Act, which will control liability of MARB 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 each of the CALTRANS as if sufficient funds have been made available to CALTRANS 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 CALTRANS. Should CALTRANS exercise its option to withdraw from this Agreement, CALTRANS shall remain responsible for its 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. 9 Page 13 of 28 Lake Elsinore /Canyon Lake TMDL Task Force Agreement 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 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, 2017 (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 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 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. IN WITNESS WHEREOF, the TASK FORCE AGENCIES have executed this AGREEMENT on the date set forth below: to Page 14 of 28 Lake Elsinore /Canyon Lake TMDL Task Force Agreement CALIFORNIA DEPARTMENT OF CITY OF MORENO VALLEY FISH AND GAME BY BY Mayor DATE DATE: CALIFORNIA DEPARTMENT OF CITY OF MURRIETA TRANSPORTATION BY BY Mayor DATE DATE CITY OF BEAUMONT CITY OF PERRIS BY BY Mayor Mayor DATE DATE CITY OF CANYON LAKE CITY OF RIVERSIDE BY BY Mayor Mayor DATE DATE CITY OF HEMET CITY OF SAN JACINTO BY BY Mayor Mayor DATE DATE CITY OF LAKE ELSINORE CITY OF WILDOMAR BY BY Mayor Mayor DATE DATE CITY OF MENIFEE BY Mayor DATE 11 Page 15 of 28 Lake Elsinore /Canyon Lake TMDL Task Force Agreement COUNTY OF RIVERSIDE U.S. AIR FORCE (MARCH AIR RESERVE BASE) BY BY DATE DATE EASTERN MUNICIPAL WATER DISTRICT WESTERN RIVERSIDE COUNTY AGRIGULTURE COALITION BY BY DATE DATE ELSINORE VALLEY MUNICIPAL SANTA ANA REGIONAL WATER QUALITY WATER DISTIRCT CONTROL BOARD BY BY DATE DATE MARCH JOINT POWERS AUTHORITY BY DATE RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT BY DATE 12 Page 16 of 28 Exhibit A 6 -2012 Approved FY 2012 -13 Budget: Lake Elsinore & Canyon Lake TMDL Task Force Bet Summary Task Force Expenditures 01i 13 Part A: Task Force Regulatory/Administrative Budget 1. Task Force Administration $ 50,000 Task Force Administrator (LESJWA) Annual Water Quality Reporting and Database Management Amend Task Force Agreement Grant Preparation 2. TMDL Compliance Expert $ 50,000 Risk Sciences 3. Pollutant Trading Program Development . $ 60,000 TBD 4. Contingency (approximately 10% of direct stakeholder expenses) $ 16,000 TMDL Task Force Regulatory/Administrative Budget $ 176,000 Part B: TMDL Implementation Project Budget 1. TMDL Compliance Monitoring Watershed -wide Nutrient Monitoring Program $ 85,000 Watershed -wide Nutrient Monitoring & Report Preparation (Weston Solutions) $ 70,000 Wet Year Watershed -wide Monitoring (weather dependant) (RCFC &WCD) _ $ - Lab Analysis, Watershed -wide Monitoring (RCFC &WCD) - $ 15,000 Stream gauge O &M (RCFC &WCD) $ - Lake Elsinore Nutrient Monitoring Program $ - Lake Elsinore Nutrient Monitoring & Lab Analysis (EVMWD) $ - Canyon Lake Nutrient Monitoring Program $ - Canyon Lake Nutrient Monitoring & Lab Analysis ( EVMWD) J L$ - - - -- - -- ---- - - - - - - -- 2. Lake Elsinore Project Alternatives Aeration & Destratification System O &M (to be handled by separate agreement) - O &M $ - Pollutant Trading Administration (3% of O &M Costs) $ - Fishery Management O &M $ - Carp Removal Program _ $ - Pollutant Trading Administration (3% of O &M Costs) $ 3. Canyon Lake Project Alternatives $ 220,000 Permitting $ 30,000 O &M Agreement $ 20,000 Detailed Design _ $ 150,000 Construction _ $ - O&M $ - Project Administration (10% of budgeted expenses) _ $ 20,000 Pollutant Trading Administration (3% of O &M Costs) _ $ - $ - $ $ - TMDL Task Force Implementation Budget $ 305,000 TMDL Task Force Budget : $ 481,000 Page 1 Page 17 of 28 Exhibit A 6 -2012 Task Force Agency Contributions Summary Budget 2012 -13 Administrative Project 1. Task Force Agency Allocation (Part A) Implementation Total (Part B) MS4 Co- Permittees (Total) $ 105,600 $ 249,988 $ 355,588 Riverside County $ 18,981 $ 44,935 $ 63,916 City of Beaumont $ 2,249 $ 5,324 $ 7,574 City of Canyon Lake $ 1,958 $ 4,636 $ 6,595 City of Hemet � $ 13,087 $ 30,980 $ 44,067 City of Lake Elsinore j $ 6,955 $ 16,466_ $ 23,421 City of Moreno Valley $ 30,284 $ 71,691 $ 101,974 City of Murrieta $ 375 $ 888 $ 1,263 City of Perris $ 9,560 $ 22,632 $ 32,192 City of Riverside $ 1,710 $ 4,047 $ 5,757 City of San Jacinto $ 6,420 $ 15,197 $ 21,617 City of Menifee $ 11,796 $ 27,925_ 39,721 City of Wildomar $ 2,225 $ 5,267 $ 7,492 Elsinore Valley Municipal Water District (EVMWD) $ 8,800 $ 4,250 $ 13,050 San Jacinto Agricultural Operators $ 8,800 $ 19,478 $ 28,278 San Jacinto Dairy & CAFO Operators $ 8,800 $ 10,034 $ 18,834 CALTRANS - freeway $ 8,800 $ 4,250_ $ 13,050 CA DF&G - San Jacinto Wetlands $ 8,800 $ 4,250 $ 13,050 Eastern Municipal Water District $ 8,800 $ 4,250_ $ 13,050 March Air Reserve Base Joint Powers Authority $ 8,800 $ 4,250 $ 13,050 US Air Force (March Air Reserve Base) $ 8,800 $ 4,250 $ 13,050 Total Funding Required $ 176,000 $ 305,000 $ 481,000 Notes: Task Force Administration a. Organize and facilitate TMDL TASK FORCE and TAC meetings, b. Perform secretarial, clerical and administrative services, including providing meeting summaries to TMDL TASK FORCE members, c. Manage TMDL TASK FORCE funds and prepare annual reports of TMDL TASK FORCE assets and expenditures, d. Serve as the contracting party, for the benefit of the TMDL TASK FORCE, for contracts with all consultants, contractors, vendors and other entities, e. Seek funding grants to assist with achieving goals and objectives of the TMDL TASK FORCE. f. Coordinate with other agencies and organizations as necessary to facilitate TMDL TASK FORCE work. g. Administer the preparation of quarterly and annual reports, as required by the TMDL Implementation Plan, and submit them as required by the TMDL Implementation Plan on behalf of the TMDL TASK FORCE. h. Possible administrator of future pollutant trading (water quality trading) agreements. TMDL Compliance Expert a. Support Task Force Agency as a Regulatory Strategist and Compliance Expert . b. Develop implementation strategy to address TMDL compliance with nutrient targets c. Plan and prepare Basin Plan Amendment for TMDL d. Sub - contract out pollutant trading agreement preparation by consultant Page 2 Page 18 of 28 Exhibit A 6 -2012 Task Force Agency Contributions Detailed Tables Part A: Task Force Regulatory/Administrative Budget Task Force Regulatory/Administrative Expenses Allocation MS4 Co- Permittees $ 105,600 Riverside County $ 18,981 City of Beaumont $ 2,249 City of Canyon Lake $ 1,958 City of Hemet $ 13,087 City of Lake Elsinore $ 6,955 City of Moreno Valley $ 30,284 City of Murrieta $ 375 City of Perris $ 9,560 City of Riverside $ 1,710 City of San Jacinto $ 6,420 City of Menifee $ 11,796 City of Wildomar $ 2,225 Elsinore Valley Municipal Water District (EVMWD) $ 8,800 San Jacinto Agricultural Operators $ 8,800 San Jacinto Dairy & CAFO Operators $ 8,800 CALTRANS freeway $ 8,800 CA DF&G - San Jacinto Wetlands $ 8,800 Eastern Municipal Water District $ 8,800 March Air Reserve Base Joint Powers Authority $ 8,800 US Air Force (March Air Reserve Base) $ 8,800 Funding Required $ 176,000 Part B: TMDL Implementation Project Budget TMDL Compliance Monitoring Expenses Watershed -wide Nutrient Monitoring Program _ Allocation MS4 Co- Permittees $ 51,000 Riverside County _ $ 9,167 City of Beaumont _ $ 1,086 City of Canyon Lake _ $ 946 City of Hemet $ ' 6,320 City of Lake Elsinore $ 3,359 City of Moreno Valley $ 14,626 City of Murrieta _ $ 181 Ci of Perris $ 4,617 City of Riverside $ 826 City of San Jacinto _ $ 3,100 City of Menifee _ $ 5,697 City of Wildomar $ 1,075 Elsinore Valley Municipal Water District (EVMWD) _ $ 4,250 San Jacinto Agricultural Operators _ $ 4,250 San Jacinto Dairy & CAFO Operators $ 4,250 CALTRANS freeway _ $ 4,250 CA DF&G - San Jacinto Wetlands $ 4,250 Eastern Municipal Water District $ 4,250 March Air Reserve Base Joint Powers Authority _ $ 4,250 US Air Force (March Air Reserve Base) $ 4,250 Funding Required $ 85,000 Page 3 Page 19 of 28 Exhibit A 6 -2012 Lake Elsinore Nutrient Monitoring Program Allocation MS4 Co Permittees $ - Riverside County $ - City of Beaumont _ $ - City of Canyon Lake $ - City of Hemet _ $ - City of Lake Elsinore $ - City of Moreno Valley $ - City of Murrieta $ - City of Perris $ - City of Riverside _ $ - City of San Jacinto _ $ - City of Menifee $ - City of Wildomar $ - Elsinore Valley Municipal Water District (EVMWD) $ - San Jacinto Agricultural Operators $ - San Jacinto Dairy & CAFO Operators $ - CALTRANS - freeway $ - CA DF&G - San Jacinto Wetlands $ - Eastern Municipal Water District $ - March Air Reserve Base Joint Powers Authority _ $ - US Air Force (March Air Reserve Base) $ - Funding Required $ Canyon Lake Nutrient Monitoring Program - Allocation MS4 Co Permittees $ - - Riverside County $ - City of Beaumont $ City of Canyon Lake $ City of Hemet _ $ - City of Lake Elsinore $ - City of Moreno Valley _ $ - City of Murrieta $ - City of Perris $ - City of Riverside $ - City of San Jacinto $ - City of Menifee _ $ - City of Wildomar $ - Elsinore Valley Municipal Water District (EVMWD) _ $ - San Jacinto Agricultural Operators $ - San Jacinto Dairy & CAFO Operators $ - CALTRANS - freeway $ CA DF&G - San Jacinto Wetlands $ - Eastern Municipal Water District $ - March Air Reserve Base Joint Powers Authori _ $ - US Air Force (March Air Reserve Base) $ - Funding Required $ - Page 4 Page 20 of 28 Exhibit A 6 -2012 Lake Elsinore Project Alternatives Aeration & Destratification System O &M Allocation MS4 Co Permittees $ - Riverside County $ - City of Beaumont $ - City of Canyon Lake $ - City of Hemet $ - City of Lake Elsinore $ - City of Moreno Valley $ - City of Murrieta $ - City of Perris _ - City of Riverside $ - City of San Jacinto $ - City of Menifee $ - City of Wildomar $ - Elsinore Valley Municipal Water District (EVMWD) $ - San Jacinto Agricultural Operators $ - San Jacinto Dairy & CAFO Operators $ - CALTRANS - freeway $ - CA DF &G - San Jacinto Wetlands $ - Eastern Municipal Water District $ - March Air Reserve Base Joint Powers Authority $ - US Air Force (March Air Reserve Base) $ - Funding Required $ - Lake Elsinore Project Altematives Fishery Management O &M _ Allocation MS4 Co Permittees $ - Riverside County _ $ - City of Beaumont _ $ - City of Canyon Lake _ $ - City of Hemet _ $ - City of Lake Elsinore $ - City of Moreno Valley $ - City of Murrieta $ - Ci of Perris $ - City of Riverside $ - City of San Jacinto $ - City of Menifee $ - City of Wildomar _ $ - Elsinore Valley Municipal Water District (EVMWD) _ $ - San Jacinto Agricultural Operators _ $ - San Jacinto Dairy & CAFO Operators $ - CALTRANS - freeway $ - CA DF &G - San Jacinto Wetlands _ $ - Eastern Municipal Water District $ - March Air Reserve Base Joint Powers Authority _ $ - US Air Force (March Air Reserve Base) $ - Funding Required $ - Page 5 Page 21 of 28 Exhibit A 6 -2012 Canyon Lake Project Alternatives Allocation MS4 Co- Permittees $ 198,988 Riverside County $ 35,767 City of Beaumont $ 4,238 City of Canyon Lake $ 3,690 City of Hemet $ 24,660 City of Lake Elsinore _ $ 13,106 City of Moreno Valley $ 57,065 City of Murrieta $ 707 City of Perris - - - - -- - - - -- -- - - - - -- - -- $ 18,015 City of Riverside _ $ 3,221 City of San Jacinto $ 12,097 City of Menifee $ 22,228 City of Wildomar $ 4,193 Elsinore Valley Municipal Water District (EVMWD) $ - San Jacinto Agricultural Operators $ 15,228 San Jacinto Dairy & CAFO Operators _ $ 5,784 CALTRANS - freeway CA DF&G - San Jacinto Wetlands Eastern Municipal Water District $ - March Air Reserve Base Joint Powers Authority US Air Force (March Air Reserve Base) $ 220,000 Cost formula : based upon the 1:1 ratio of TP to TN contributions from urban and agricultural runoff as projected in the respective Riverside County Comprehensive Nutrient Reduction Plan and San jacinto Agricultural Nutrient Reduction Plan Page 6 Page 22 of 28 Exhibit A 6 -2012 Task Force Agency Contributions Detailed Tables Allocation MS4 Co- Permittees (Total) $ 355,588 Task Force Regulatory/Administrative Expenses $ 105,600_ TMDL Compliance Monitoring Expenses Watershed -wide Nutrient Monitoring Program $ 51,000 Lake Elsinore Nutrient Monitoring Program $ - Canyon Lake Nutrient Monitoring Program $ - Lake Elsinore Project Alternatives Aeration & Destratification System O &M _ $ - Fishery Management O &M $ - Canyon Lake Project Alternatives $ 198,988 Riverside County _ ' ' $ __ 63,916 Task Force Regulatory/Administrative Expenses $ 18,981 TMDL Compliance Monitoring Expenses Watershed -wide Nutrient Monitoring Program $ 9,167 Lake Elsinore Nutrient Monitoring Program $ - Canyon Lake Nutrient Monitoring Program $ - Lake Elsinore Project Alternatives Aeration & Destratification System O &M $ Fishery Management O &M $ Canyon Lake Project Alternatives $ 35,767 City of Beaumont ' I $ 7,574 Task Force Regulatory/Administrative Expenses $ 2,249 TMDL Compliance Monitoring Expenses Watershed -wide Nutrient Monitoring Program $ 1,086 Lake Elsinore Nutrient Monitoring Program $ - Canyon Lake Nutrient Monitoring Program $ - Lake Elsinore Project Alternatives Aeration & Destratification System O &M $ - Fishery Management O &M $ - Canyon Lake Project Alternatives $ 4,238 $ - City of Canyon Lake $' 6,595 Task Force Regulatory/Administrative Expenses $ 1,958 TMDL Compliance Monitoring Expenses _ Watershed -wide Nutrient Monitoring Program $ 946 Lake Elsinore Nutrient Monitoring Program $ - Canyon Lake Nutrient Monitoring Program $ - Lake Elsinore Project Alternatives Aeration & Destratification System O &M $ - Fishery Management O &M $ - Canyon Lake Project Alternatives $ 3,690 Page 7 Page 23 of 28 Exhibit A 6 -2012 City of Hemet $ 44,067 Task Force Regulatory/Administrative Expenses $ 13,087 TMDL Compliance Monitoring Expenses Watershed -wide Nutrient Monitoring Program $ 6,320 Lake Elsinore Nutrient Monitoring Program $ - Canyon Lake Nutrient Monitoring Program $ - Lake Elsinore Project Alternatives Aeration & Destratification System O &M $ - Fishery Management O &M $ - Canyon Lake Project Alternatives $ 24,660 City of Lake Elsinore $ 23,421 Task Force Regulatory/Administrative Expenses $ 6,955 TMDL Compliance Monitoring Expenses _ Watershed -wide Nutrient Monitoring Program $ 3,359 Lake Elsinore Nutrient Monitoring Program $ - Canyon Lake Nutrient Monitoring Program $ - Lake Elsinore Project Alternatives Aeration & Destratification System O &M $ - Fishery Management O &M $ - Canyon Lake Project Alternatives $ 13,106 City of Moreno Valley $ 101,974 Task Force Regulatory/Administrative Expenses $ 30,284 TMDL Compliance Monitoring Expenses Watershed -wide Nutrient Monitoring Program $ 14,626 Lake Elsinore Nutrient Monitoring Program $ - Canyon Lake Nutrient Monitoring Program $ - Lake Elsinore Project Alternatives Aeration & Destratification System O &M $ - Fishery Management O &M $ - Canyon Lake Project Alternatives $ 57,065 City of Murrieta $ 1,263 Task Force Regulatory /Administrative Expenses $ 375 TMDL Compliance Monitoring Expenses Watershed -wide Nutrient Monitoring Program $ 181 Lake Elsinore Nutrient Monitoring Program $ - Canyon Lake Nutrient Monitoring Program Lake Elsinore Project Alternatives Aeration & Destratification System O &M $ - Fishery Management O &M $ - Canyon Lake Project Alternatives $ 707 Page 8 Page 24 of 28 Exhibit A 6 -2012 City of Perris $ 32,192 Task Force Regulatory/Administrative Expenses $ 9,560 TMDL Compliance Monitoring Expenses Watershed -wide Nutrient Monitoring Program _ $ 4,617 Lake Elsinore Nutrient Monitoring Program $ - Canyon Lake Nutrient Monitoring Program $ - Lake Elsinore Project Alternatives Aeration & Destratification System O &M $ - Fishery Management O &M $ - Canyon Lake Project Alternatives $ 18,015 City of Riverside $ 5,757 Task Force Regulatory/Administrative Expenses $ 1,710 TMDL Compliance Monitoring Expenses Watershed -wide Nutrient Monitoring Program $ 826 _ Lake Elsinore Nutrient Monitoring Program $ - Canyon Lake Nutrient Monitoring Program $ - Lake Elsinore Project Alternatives - Aeration & Destratification System O &M $ Fishery Management O &M $ - Canyon Lake Project Alternatives $ 3,221 City of San Jacinto $ 21,617 Task Force Regulatory/Administrative Expenses $ 6,420 TMDL Compliance Monitoring Expenses Watershed -wide Nutrient Monitoring Program _ $ 3,100 Lake Elsinore Nutrient Monitoring Program Canyon Lake Nutrient Monitoring Program $ - Lake Elsinore Project Alternatives Aeration & Destratification System O &M $ - Fishery Management O &M $ - Canyon Lake Project Alternatives $ 12,097 City of Menifee $ 39,721 Task Force Regulatory/Administrative Expenses $ 11,796 TMDL Compliance Monitoring Expenses Watershed -wide Nutrient Monitoring Program $ 5,697 Lake Elsinore Nutrient Monitoring Program $ - Canyon Lake Nutrient Monitoring Program $ - Lake Elsinore Project Alternatives - Aeration & Destratification System O &M _ $ Fishery Management O &M $ - Canyon Lake Project Alternatives $ 22,228 Page 9 Page 25 of 28 Exhibit A 6 -2012 City of Wildomar $ 7,492 Task Force Regulatory/Administrative Expenses $ 2,225 TMDL Compliance Monitoring Expenses Watershed -wide Nutrient Monitoring Program $ 1,075 Lake Elsinore Nutrient Monitoring Program $ - Canyon Lake Nutrient Monitoring Program $ - Lake Elsinore Project Alternatives Aeration & Destratification System O &M $ - Fishery Management O &M $ - Canyon Lake Project Alternatives $ 4,193 Elsinore Valley Municipal Water District (EVMWD) $ 13,050 Task Force Regulatory/Administrative Expenses $ 8,800 TMDL Compliance Monitoring Expenses Watershed -wide Nutrient Monitoring Program _ $ 4,250 Lake Elsinore Nutrient Monitoring Program $ - Canyon Lake Nutrient Monitoring Program _ $ - Lake Elsinore Project Alternatives Aeration & Destratification System O &M $ - Fishery Management O &M $ - Canyon Lake Project Alternatives $ - San Jacinto Agricultural Operators $ 28,278 Task Force Regulatory/Administrative Expenses $ 8,800 TMDL Compliance Monitoring Expenses Watershed -wide Nutrient Monitoring Program $ 4,250 Lake Elsinore Nutrient Monitoring Program $ - Canyon Lake Nutrient Monitoring Program $ - Lake Elsinore Project Alternatives Aeration & Destratification System O &M $ - Fishery Management O &M $ - Canyon Lake Project Alternatives $ 15,228 San Jacinto Dairy & -CAFO Operators $ 18,834 Task Force Regulatory/Administrative Expenses $ 8,800 TMDL Compliance Monitoring Expenses Watershed -wide Nutrient Monitoring Program $ 4,250 Lake Elsinore Nutrient Monitoring Program $ - Canyon Lake Nutrient Monitoring Program _ $ - Lake Elsinore Project Alternatives Aeration & Destratification System O &M $ - Fishery Management O &M $ - Canyon Lake Project Alternatives _ $ 5,784 Page 10 Page 26 of 28 Exhibit A 6 -2012 CALTRANS - freeway $ 13,050 Task Force Regulatory/Administrative Expenses $ 8,800 TMDL Compliance Monitoring Expenses Watershed -wide Nutrient Monitoring Program $ 4,250 Lake Elsinore Nutrient Monitoring Program $ - Canyon Lake Nutrient Monitoring Program $ - Lake Elsinore Project Alternatives Aeration & Destratification System O &M $ - Fishery Management O &M $ - Canyon Lake Project Alternatives $ - - CA DF &G - San Jacinto Wetlands $ 13,050 Task Force Regulatory/Administrative Expenses $ 8,800 TMDL Compliance Monitoring Expenses Watershed -wide Nutrient Monitoring Program $ 4,250 Lake Elsinore Nutrient Monitoring Program $ Canyon Lake Nutrient Monitoring Program $ - Lake Elsinore Project Alternatives Aeration & Destratification System O &M $ - _ Fishery Management O &M $ - Canyon Lake Project Alternatives $ - Eastern Municipal Water District $ 13,050 Task Force Regulatory/Administrative Expenses $ 8,800 TMDL Compliance Monitoring Expenses Watershed -wide Nutrient Monitoring Program $ 4,250 Lake Elsinore Nutrient Monitoring Program $ - Canyon Lake Nutrient Monitoring Program $ - Lake Elsinore Project Alternatives Aeration & Destratification System O &M $ - Fishery Management O &M $ - Canyon Lake Project Alternatives $ - March Air Reserve Base Joint Powers Authority $ 13,050 Task Force Regulatory/Administrative Expenses $ 8,800 TMDL Compliance Monitoring Expenses Watershed -wide Nutrient Monitoring Program $ 4,250 Lake Elsinore Nutrient Monitoring Program _ $ - Canyon Lake Nutrient Monitoring Program $ - Lake Elsinore Project Alternatives Aeration & Destratification System O &M $ - Fishery Management O &M _ $ - Canyon Lake Project Alternatives $ - US Air Force (March Air Reserve Base) $ 13,050 Task Force Regulatory/Administrative Expenses $ 8,800 TM DL Compliance Monitoring Expenses Watershed -wide Nutrient Monitoring Program $ 4,250 Lake Elsinore Nutrient Monitoring Program $ - Canyon Lake Nutrient Monitoring Program $ - Lake Elsinore Project Alternatives Aeration & Destratification System O &M _ $ - Fishery Management O &M $ - Canyon Lake Project Alternatives $ - Total: $ 481,000 • Page 11 Page 27 of 28 Exhibit A 6 -2012 PROJECTED - Task Force Agency Contributions through FY 2010 -11 Cummulative Credit / (Debit) MS4 Co- Permittees (Total) $ 359,205 Riverside County $ 72,513 City of Beaumont $ 5,009 City of Canyon Lake $ 5,384 City of Hemet $ 33,909 City of Lake Elsinore $ 106,017 City of Moreno Valley $ 77,550 City of Murrieta $ 2,247 City of Perris $ 23,561 City of Riverside _ $ 3,642 City of San Jacinto $ 15,348 City of Menifee $ 11,798 City of Wildomar $ 2,225 Elsinore Valley Municipal Water District (EVMWD) $ 91,830 San Jacinto Agricultural Operators $ 28,985 San Jacinto Dairy & CAFO Operators $ 16,452 CALTRANS - freeway $ - CA DF &G - San Jacinto Wetlands $ - US Forest Service (USFS) $ - Eastern Municipal Water District $ - March Air. Reserve Base Joint Powers Authority $ - US Air Force (March Air Reserve Base) $ - Total Credits $ 855,677 Page 12 Page 28 of 28