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File #: 2124   
Type: Consent Status: Passed
File created: 5/11/2020 Department: San Bernardino County Flood Control District
On agenda: 5/19/2020 Final action: 5/19/2020
Subject: Cooperative Funding Agreement for the Middle Santa Ana River Watershed Total Maximum Daily Load Task Force
Attachments: 1. AGR-FCD 5-19-20 Coop Funding Agr for Middle SAR Watershed TMDL Task Force, 2. ATT-FCD 5-19-20 Coop Funding Agr for Middle SAR Watershed TMDL Task Force, 3. COV-FCD 5-19-20 Coop Funding Agr for Middle SAR Watershed TMDL Task Force, 4. Item #100 Executed BAI, 5. 20-313 Executed Contract

REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS

OF THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT

AND RECORD OF ACTION

 

May 19, 2020

 

FROM

BRENDON BIGGS, Interim Chief Flood Control Engineer, Flood Control District 

         

SUBJECT

Title

Cooperative Funding Agreement for the Middle Santa Ana River Watershed Total Maximum Daily Load Task Force

End

 

RECOMMENDATION(S)

Recommendation

Acting as the governing body of the San Bernardino County Flood Control District, approve the budgeted expenditure, in the amount not to exceed $166,360 for the period of July 1, 2020 through June 30, 2021, for administrative and technical services to support the Middle Santa Ana River Watershed Total Maximum Daily Load Task Force, per Agreement 13-712 A1, Section III, with the Santa Ana Watershed Project Authority.

(Presenter: Brendon Biggs, Interim Chief Flood Control Engineer, 387-7906)

Body

 

COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES

Operate in a Fiscally-Responsible and Business-Like Manner.

Pursue County Goals and Objectives by Working with Other Agencies.

 

FINANCIAL IMPACT

Approval of this item will not result in the use of additional Discretionary General Funding (Net County Cost). Task Force budgets are subject to stakeholder approval. Sufficient appropriation and revenue will be included in the San Bernardino County Flood Control District (District) 2020-21 recommended budget (1990002550-75F01778).

 

In accordance with Agreement 13-712 A1, approved by the Board of Supervisors (Board) on August 22, 2017 (Item No. 60), the Middle Santa Ana River (MSAR) Watershed Total Maximum Daily Load (TMDL) Task Force (Task Force) has approved the 2020-21 Task Force budget. The District’s portion of the budget is funded by the San Bernardino County Areawide Stormwater Program (Program) under Implementation Agreement No. 11-545.  The cost share is allocated to the County of San Bernardino, $31,708 (19.06%), the District, $8,318 (5%), and the 16 incorporated cities, $126,334 (75.94%).  Future contributions to the Task Force will also be funded through the Program under Implementation Agreement No. 11-545 subject to Board approval.

Funding Entity/ Participant

Cost Center

Percentage

Amount

Program

1990002550

 

 

 District

 

5.00

$    8,318

 County

 

19.06

$  31,708

 Incorporated Cities (16)

 

75.94

$ 126,334

 

 

100.00

$ 166,360

 

BACKGROUND INFORMATION

On an annual basis, a Task Force budget and cost sharing determination is prepared and adopted by the majority of the parties.  The District, on behalf of the Program, will provide funding in the amount of $166,360 to the MSAR TMDL Task Force to implement the required compliance activities for activities conducted beginning July 1, 2020 through June 30, 2021. The goal of these activities is to find sources of bacteria and either eliminate the source of bacteria or prevent it from entering the Santa Ana River.

 

In January 2010, the Santa Ana Regional Water Quality Control Board adopted the National Pollutant Discharge Elimination System Municipal Stormwater Permit (MS4 Permit) for Stormwater discharges from areas in unincorporated San Bernardino County and from the Cities of Big Bear Lake, Chino, Chino Hills, Colton, Fontana, Grand Terrace, Highland, Loma Linda, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland, and Yucaipa.  The District was designated as the Principal Permittee under the MS4 Permit. The District represents the co-permittees to implement area-wide programs required by the MS4 Permit. The Board-approved implementation Agreement 11-545 (Item No. 94 of June 28, 2011) to fund this work. The MS4 Permit requires that TMDL requirements be integrated into applicable Stormwater Program activities, including stormwater management and monitoring plans.

 

On August 20, 2013 (Item No. 73), the Board approved the cooperative agreement that formed the current Task Force (Agreement No. 13-712), which authorized the Santa Ana Watershed Project Authority to administer the implementation of TMDL compliance activities. On August 22, 2017 (Item No. 60), the Board approved Amendment No. 1 to the cooperative agreement, extending the term of the agreement to December 31, 2022, allowing the District to continue acting on behalf of the Program and maintain compliance with the MSAR TMDL.  The District’s participation in the subject Task Force on behalf of the Program achieves the goals and objectives of the County by working with other agencies to provide funding to the Task Force on an annual basis for the continuing implementation of TMDL tasks.

 

This agreement is aligned with the County and Chief Executive Officer’s goals and objectives of operating in a fiscally-responsible and business-like manner by allowing the District acting on behalf of the Program to utilize the MSAR Watershed TMDL Task Force to assist the Program in performing permit required MSAR TMDL compliance activities. Achieving and maintaining compliance with the MSAR TMDL will aid in the protection of the beneficial uses of the Santa Ana River, as well as assist the Program in complying with the Permit’s requirements, thereby reducing the potential for incurring permit violations and significant fines and penalties.

 

PROCUREMENT

Not applicable.

 

REVIEW BY OTHERS

This item has been reviewed by County Counsel (Sophie A. Akins, Deputy County Counsel, 387-5455) on April 17, 2020; Finance (Jessica Trillo, Administrative Analyst, 387-4222) on April 23, 2020; and County Finance and Administration (Matthew Erickson, County Chief Financial Officer, 387-5423) on May 3, 2020.