Loading...
HomeMy WebLinkAboutItem No. 09 Amendment No.1 Lake Elsinore Canyon Lake TMDL Task ForceText File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 17-189 Agenda Date: 5/23/2017 Status: Consent AgendaVersion: 1 File Type: ReportIn Control: City Council Agenda Number: 9) Page 1 City of Lake Elsinore Printed on 5/19/2017 REPORT TO CITY COUNCIL To:Honorable Mayor and Members of the City Council From:Grant Yates, City Manager Approved by: Brad Fagrell, City Engineer Prepared by:Rita Thompson, Senior Engineering Technician Date:May 23, 2017 Subject:Amendment No. 1 to the Lake Elsinore and Canyon Lake TMDL Task Force Agreement Recommendation 1. It is Recommended that the City Council Approve Amendment No. 1 to the Lake Elsinore and Canyon Lake TMDL Task Force Agreement and Authorize the Mayor to Execute the Amendment. 2. It is Recommended that the City Council Approve the Appointment of Nicole Dailey, Senior Management Analyst as City’s Primary Representative to the Task Force: 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 Regional Water Quality Control Board (RWQCB) adopted Resolution RS-2004-0037 on December 20, 2004 incorporating nutrient Total Maximum Daily Loads (TMDLs) for Lake Elsinore and Canyon Lake holding 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, the goal of the tasks to improve the water quality in the Lakes to the level specified in the TMDL. Discussion In order to pool resources a stakeholders group was formed in 2006 and culminated in the formation of the TMDL Task Force Agreement. The original Task Force Agreement expired on June 30, 2012. A revised agreement was prepared by the Tasks Force Agencies reflecting selection by Task Force Agency of representatives to the Task Force, modification in monitoring requirements, and program cost distribution among other items. The revised agreement was adopted by City Council on July 10, 2012, and is set to expire June 30, 2017 (Exhibit B). The Amendment No. 1 to the Lake Elsinore and Canyon Lake TMDL Task Force Agreement May 30, 2017 Page 2 Task Force Agencies have agreed to extend the agreement to June 30, 2020 with a provision for an additional two years of extension to June 30, 2022 (Exhibit A). Additionally, due to staffing changes at the City, the need to select a Primary Representative has arisen; Nicole Dailey, Senior Management Analyst is recommended. Fiscal Impact Approval of this item will result in an expenditure of $22,330 for FY 2017/2018 (Exhibit C). This expenditure is budgeted for and recovered by CSA 152 (stormwater) assessment. Exhibits A Amendment No. 1 to the Lake Elsinore and Canyon Lake TMDL Task Force B 2012 TMDL Task Force Agreement C FY 2017-2018 TMDL Task Force Budget AMENDMENT NO. 1 TO THE AGREEMENT TO FORM THE LAKE ELSINORE AND CANYON LAKE TMDL TASK FORCE Pursuant to Covenants II, Section 21. of that certain AGREEMENT entitled, “Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force” (“Task Force Agreement”), dated June 18, 2012; and W hereas this Task Force Agreement initially had been prepared for a five-year term and therefore is set to expire on the date of June 30, 2017, the TASK FORCE AGENCIES as named in the Agreement (Exhibit A), hereby agree to the following changes: I. Extend the term of the Task Force Agreement to June 30, 2020, and II.Stipulate the option that the Agreement, while still in full force and effect, may be extended an additional two years, to June 30, 2022, by means of Administrative Action by the Task Force Administrator. Except as otherwise expressly amended herein, all of the terms, conditions, and provisions of the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force (Exhibit A) shall continue in full force and effect. This Amendment No. 1 may be executed in original counterparts, which together shall constitute a single Agreement document. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below. LAKE ELSINORE AND SAN JACINTO WATERSHEDS AUTHORITY (LESJWA) BY _________________________________________________________ Authority Administrator Date k/common/contracts/planning/drafted/LE&CL TMDL Task Force - Amendment1 to 2012 Agreement EXHIBIT A IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below Note: Each Agency to have a separate signature page, which may be customized to the Agency’s particular signature block format (AGENCY NAME) Approved: By:____________________________________________ Title:___________________________________________ Date:___________________________________________ k/common/contracts/planning/drafted/LE&CL TMDL Task Force - Amendment1 to 2012 Agreement EXHIBIT B Approved FY 2017-18 Budget: Lake Elsinore & Canyon Lake TMDL Task Force 3/22/2017 Draft Budget 2017-18 Draft Budget 2018-19 Draft Budget 2019-20 1.84,000$ 88,200$ 92,600$ 2.72,000$ 50,000$ 50,000$ 5 10,000$ 13,820$ 14,260$ 166,000$ 152,020$ 156,860$ 1.160,634$ 170,000$ 170,000$ 68,843$ 72,000$ 72,000$ 44,846$ 48,000$ 48,000$ 42,945$ 46,000$ 46,000$ 4,000$ 4,000$ 4,000$ 2.-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 3.244,301$ 244,400$ 244,400$ 215,000$ 215,000$ 215,000$ 6,101$ 6,200$ 6,200$ 23,200$ 23,200$ 23,200$ 4 210,500$ 105,500$ 105,800$ 200,000$ 100,000$ 100,000$ 10,500$ 5,500$ 5,800$ 615,435$ 519,900$ 520,200$ 200,000$ 100,000$ -$ 581,435$ 571,920$ 677,060$ - LESJWA Administration fees include a 5% escalator annually Summary Task Force Expenditures Part A: Task Force Regulatory/Administrative Budget Task Force Administration Task Force Administrator (LESJWA) Annual Water Quality Reporting and Database Management Grant Preparation/Administration Contingency TMDL Task Force Regulatory/Administrative Budget TMDL Compliance Expert Risk Sciences Lake Elsinore Nutrient Monitoring Program Canyon Lake Nutrient Monitoring Program Part B: TMDL Implementation Project Budget TMDL Compliance Monitoring Watershed-wide Nutrient Monitoring Program Fishery Management O&M Carp Removal Program Project Administration Canyon Lake Project Alternatives Chemical Additions - Alum Dosing (2 applications annually) High Resolution Satellite Imagery Lake Elsinore Project Alternatives Project Administration TMDL Update Revise and Update TMDL Project Administration TMDL Task Force Implementation Budget Cash Reserve Reimbursement: Effectiveness Monitoring - Act as the contracting party, for the benefit of the TMDL TASK FORCE, for contracts with all consultants, contractors, vendors and other entities, - Seek funding grants to assist with achieving the work of the TMDL TASK FORCE and other goals and objectives of the TMDL TASK FORCE, - Coordinate with other agencies and organizations as necessary to facilitate TMDL TASK FORCE work, TMDL Task Force Budget Total: Task Force Administration - Organize and facilitate TMDL TASK FORCE meetings, - Perform secretarial, clerical and administrative services, including providing meeting summaries to TMDL TASK FORCE members, - Manage TMDL TASK FORCE funds and prepare annual reports of TMDL TASK FORCE assets and expenditures, TMDL Compliance Expert - Serve as regulatory strategist and compliance expert for the Task Force, - Revise and update the TMDL as part of the Triennial Review process - 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, - Coordinate and facilitate the addition of other Monitoring Programs to the Task Force, - Provide TMDL TASK FORCE members an opportunity to comment and approve any reports or other work product developed. EXHIBIT C Task Force Agency Contributions Summary Draft Budget 2017-18 Draft Budget 2018-19 Draft Budget 2019-20 1.Task Force Agency Allocation Total Total Total MS4 Co-Permittees (Total)406,243$ 427,349$ 430,406$ Riverside County 69,034$ 83,913$ 84,168$ City of Beaumont 28,128$ 21,689$ 21,944$ City of Canyon Lake 28,486$ 21,689$ 21,944$ City of Hemet 22,326$ 29,241$ 29,496$ City of Lake Elsinore 22,330$ 21,689$ 21,944$ City of Moreno Valley 35,722$ 64,226$ 64,481$ City of Murrieta 30,437$ 21,689$ 21,944$ City of Perris 36,250$ 38,979$ 39,234$ City of Riverside 28,793$ 21,689$ 21,944$ City of San Jacinto 22,990$ 21,689$ 21,944$ City of Menifee 62,506$ 68,277$ 68,531$ City of Wildomar 19,241$ 12,579$ 12,834$ Elsinore Valley Municipal Water District (EVMWD)18,327$ 10,779$ 11,034$ San Jacinto Agricultural Operators 38,590$ 39,646$ 39,901$ San Jacinto Dairy & CAFO Operators (7,199)$ -$ -$ CA Department of Transportation 28,964$ 21,689$ 21,944$ CA DF&W - San Jacinto Wetlands 22,857$ 15,579$ 15,834$ Eastern Municipal Water District 15,724$ 8,001$ 8,256$ March Air Reserve Base Joint Powers Authority 28,964$ 21,689$ 21,944$ US Air Force (March Air Reserve Base)28,964$ 21,689$ 21,944$ Total Funding Required 581,435$ 566,420$ 571,260$ 2 LEAMS Excess Offset Credit Allocation Total Total Total MS4 Co-Permittees (Total)122,424$ 122,424$ 122,424$ Riverside County -$ -$ -$ City of Beaumont -$ -$ -$ City of Canyon Lake 5,100$ 5,100$ 5,100$ City of Hemet 14,100$ 14,100$ 14,100$ City of Lake Elsinore -$ -$ -$ City of Moreno Valley 38,400$ 38,400$ 38,400$ City of Murrieta 900$ 900$ 900$ City of Perris 14,124$ 14,124$ 14,124$ City of Riverside 1,500$ 1,500$ 1,500$ City of San Jacinto 300$ 300$ 300$ City of Menifee 38,400$ 38,400$ 38,400$ City of Wildomar 9,600$ 9,600$ 9,600$ Elsinore Valley Municipal Water District (EVMWD)-$ -$ -$ San Jacinto Agricultural Operators -$ -$ -$ San Jacinto Dairy & CAFO Operators -$ -$ -$ CA Department of Transportation 3,000$ 3,000$ 3,000$ CA DF&W - San Jacinto Wetlands -$ -$ -$ Eastern Municipal Water District -$ -$ -$ March Air Reserve Base Joint Powers Authority 1,500$ 1,500$ 1,500$ US Air Force (March Air Reserve Base)900$ 900$ 900$ Total Funding Required 127,824$ 127,824$ 127,824$ Notes: LEAMS Excess Offset Credit Allocations are based upon 2016 estimates to bring the stakeholder into compliance