TO: TARA SCHULTZ, CITY MANAGER
FROM: BRAD JOHNSON, COMMUNITY DEVELOPMENT DIRECTOR
DATE: JUNE 25, 2019
Reviewed by:
City Manager: TS
Finance Director: AP
SUBJECT:
Title
TOTAL MAXIMUM DAILY LOAD (TMDL) TASK FORCE AGREEMENT RENEWAL FOR THE MIDDLE SANTA ANA REGIONAL WATERSHED MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) PERMIT
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SUMMARY
On May 31, 2013, the Los Angeles Board designated the Santa Ana Regional Water Quality Control Board as the regulator of the City of Claremont discharge of urban runoff containing bacteria into the Middle Santa Ana River Watershed (MSAR). Shortly thereafter, the Santa Ana Board issued the City of Claremont a permit for waste discharge requirements for the implementation of bacterial indicator Total Maximum Daily Loads (TMDL) for the MSAR Watershed bodies, Order No. R8-2013-0043 (Santa Ana Bacteria Discharge Permit).
The Santa Ana Bacteria Discharge Permit allows the City to satisfy the permit’s requirements by participating in the MSAR Bacterial Indicator Taskforce in lieu of developing a separate program. The current agreement for the MSAR TMDL Task Force is set to expire on August 7, 2019 and needs to be renewed in order to continue to satisfy the permit requirements. The term for this renewal is five years.
RECOMMENDATION
Recommended Action
Staff recommends that the City Council authorize the City Manager to execute Amendment No. 1 of the Middle Santa Ana Region (MSAR) Total Maximum Daily Loads (TMDL) Task Force extending the current agreement for an additional term of five years.
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ALTERNATIVES TO RECOMMENDATION
In addition to the recommendation, there is the following alternative:
• Request additional information from staff.
FINANCIAL REVIEW
The annual cost for this five-year term is anticipated to be about $22,000 per fiscal year. The budget amount for this TMDL Task Force has been included in the Community Development Department’s 2019-20 operating budget.
The cost to prepare this staff report is estimated at $500 and is included in the operating budget of the Community Development Department.
ANALYSIS
On May 31, 2013, the Los Angeles Board designated the Santa Ana Regional Water Quality Control Board as the regulator of the City of Claremont Discharge of urban runoff containing bacteria into the Middle Santa Ana River watershed. Shortly thereafter, the Santa Ana Board issued the City of Claremont a permit for waste discharge requirements for the implementation of bacterial indicator Total Maximum Daily Loads for the MSAR Watershed bodies, Order No. R8-2013-0043.
The Santa Ana Bacteria Discharge Permit allows the City to continue to be compliant with the permit’s requirements by participating in the MSAR Bacterial Indicator Taskforce in lieu of developing a separate program. The current agreement for the MSAR TMDL Task Force is set to expire on August 7, 2019 and needs to be renewed in order to continue to satisfy the permit requirements.
The easterly portion of the City of Claremont drains to the Santa Ana River Watershed, which requires compliance with the Santa Ana Bacteria Discharge Permit. As such, compliance with this permit is provided with the implementation of the City’s Comprehensive Bacteria Reduction Plan (CBRP), the implementation of the City’s own stormwater ordinance, and with the extension of this agreement. Additionally, Claremont continues to be a member of the Santa Ana Watershed Project Authority’s (SAWPA) Middle Santa Ana River Watershed Task Force, which oversees the implementation of the TMDL to monitor and comply with bacteria reduction within the Santa Ana Watershed.
RELATIONSHIP TO CITY PLANNING DOCUMENTS
Staff has evaluated the agenda item in relationship to the City’s strategic and visioning documents and finds the following:
Council Priorities - This item applies to the Council Priority “Will complete the renewal process for the Santa Ana and San Gabriel Watershed annual permit” - these services contribute towards this priority.
Sustainability Plan - This item complies with the following goals of the Sustainability Plan:
Goal Area 1 - Resource Conservation, Water and Wastewater, which calls for “maximizing recharge of local water resources and minimizing pollution at local beaches by minimizing stormwater runoff and eliminating dry weather runoff.”
Goal Area 2 - Environment and Public Health, outlining the goal to “reduce or eliminate the use of hazardous and toxic materials, minimizing pollutants entering the air, soil, and water.”
Economic Sustainability Plan - This item does not relate to the Economic Sustainability Plan.
General Plan - This item addresses Measure IV-21 of the General Plan, “National Pollutant Discharge and Elimination System” (NPDES) compliance.
2018-19 Budget - This item applies to the Community Development Department Work Plan Goal CD-12: Ensure the City’s compliance with the Municipal Separate Stormwater Sewer System (MS4) Permit for the Los Angeles Region and Santa Ana River Watersheds.
Youth and Family Master Plan - This item does not relate to the Youth and Family Master Plan.
CEQA REVIEW
This item (extension of the MS4 Permit Compliance contract) is not subject to environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and Section 15060(c)(3) (the activity is not a “project” as defined in section 15378). CEQA Guidelines Section 15378(b)(2), (4), and (5) excludes “continuing administrative ... activities,” “government fiscal activities, which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment,” and “administrative activities of governments that will not result in direct or indirect physical changes to the environment” from its definition of “project.”
Additionally, under CEQA Guidelines Section 15061(b)(3), it is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Extending an existing contract to assist in compliance activities for the MS4 Permit will not have a significant effect on the environment because the action will not result in or lead to a physical change in Claremont. Therefore, no additional environmental review is nee
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process. Copies are available at the City Hall public counter, the Youth Activity Center, the Alexander Hughes Community Center, and the City website.
Submitted by: Prepared by:
Brad Johnson Vincent Ramos
Community Development Director Associate Engineer
Reviewed by:
Maria B. Tipping, P.E.
Interim City Engineer
Attachment:
TMDL Task Force Amendment No. 1