REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT
AND RECORD OF ACTION
May 6, 2025
FROM
NOEL CASTILLO, Chief Flood Control Engineer, Flood Control District
SUBJECT
Title
Cooperative Funding Agreement for the Santa Ana River Watershed Regional Water Quality Standards Task Force
End
RECOMMENDATION(S)
Recommendation
Acting as the governing body of the San Bernardino County Flood Control District, approve the Cooperative Funding Agreement with the Santa Ana Watershed Project Authority, for administrative and technical services to support the Santa Ana River Watershed Regional Water Quality Standards Task Force in implementing requirements of the Santa Ana Regional Water Quality Control Board Basin Plan, in the amount not-to-exceed $181,707, for the period of July 1, 2025 through June 30, 2026.
(Presenter: Noel Castillo, 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 and Stakeholders.
FINANCIAL IMPACT
Approval of this item will not result in the use of additional Discretionary General Funding (Net County Cost). In accordance with Cooperative Funding Agreement No. 16-949 (Cooperative Agreement), approved by the Board of Supervisors (Board) on December 6, 2016 (Item No. 83), the Santa Ana River Watershed Regional Water Quality Standards Task Force (Task Force) budgets are subject to stakeholder approval. The Task Force has approved the 2025-26 Task Force budget.
The San Bernardino County Areawide Stormwater Program (Program) was established under Implementation Agreement No. 11-545 and approved by the Board on June 28, 2011 (Item No. 94) (Implementation Agreement). The cost shares are distributed to the San Bernardino County Flood Control District (District) ($9,085) funded with property tax revenue, San Bernardino County (County) ($24,603) funded with the District’s existing ongoing allocation of Discretionary General Funding for the County’s portion of costs for the National Pollutant Discharge Elimination System Municipal Stormwater Permit (MS4 Permit) and 16 incorporated cities ($148,019), for a total of $181,707. Future contributions to the Task Force will also be funded through the Program under the Implementation Agreement and will be presented annually to the Board for approval. Sufficient appropriation and revenue have been included in the District’s 2025-26 Recommended Budget (1990002550-F01780).
|
Funding Entity/Participant |
Percentage |
Amount |
|
District |
5.00% |
$9,085 |
|
County |
13.54% |
$24,603 |
|
Incorporated Cities (16) |
81.46% |
$148,019 |
|
Total |
100.00% |
$181,707 |
BACKGROUND INFORMATION
In January 2010, the Santa Ana Regional Water Quality Control Board (SARWQCB) adopted the MS4 Permit for stormwater discharges from areas in unincorporated San Bernardino County and from the 16 incorporated 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 (Cities). 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, and the Board approved the Implementation Agreement to fund this work.
The MS4 Permit requires that Total Maximum Daily Load (TMDL) requirements be integrated into applicable Stormwater Program activities, including stormwater management and monitoring plans. A TMDL establishes the maximum amount of a pollutant that a waterbody can receive and still meet water quality objectives. TMDL requirements include periodic waterbody sampling and laboratory testing to determine pollutant levels, as well as implementation of community outreach and education programs to reduce pollutants contributing to the exceedances within the waterbody. The Task Force assists the Program in performing regional monitoring activities required by the TMDL.
On December 6, 2016 (Item No. 83), the Board approved the Cooperative Agreement No.16-949 to form the Task Force. Due to participation of multiple stakeholders in the Task Force, the Santa Ana Watershed Project Authority is the designated Task Force Administrator to coordinate among all parties. This Cooperative Agreement has a term of 10 years and will expire on June 30, 2027. An annual Cooperative Funding Agreement authorizing the Santa Ana Watershed Project Authority to administer the tasks associated with Agreement No. 16-949, on behalf of the Task Force, is brought to the Board every year for approval. Last year, Agreement No. 24-544 was approved by the Board on June 25, 2024 (Item No. 135).
The parties to the Cooperative Agreement have agreed to work cooperatively to implement Santa Ana Regional Water Quality Control Board Basin Plan (Basin Plan) requirements. As the representative of the Program, the District will participate in the subject Task Force on behalf of the Program and provide funding to the Task Force on an annual basis for continuing Task Force activities. The District’s contribution towards the Task Force supports the goals and objectives of the District by preventing contamination, pollution, and/or other conditions rendering unfit for beneficial use and for the County by working with other agencies and stakeholders.
The Cooperative Agreement achieves the County and the 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 Task Force to assist the Program in performing regional monitoring activities as required by the Basin Plan. Achieving and maintaining compliance with the Basin Plan will aid in the protection of the beneficial uses of the Santa Ana River, as well as assist the Program in complying with the requirements of the MS4 Permit, thereby reducing the potential for incurring permit violations and significant fines and penalties. The Task Force assists the SARWQCB in providing additional data and science in the evaluation of beneficial use designations and associated water-quality objectives for the Santa Ana River.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Sophie A. Curtis, Deputy County Counsel, 387-5455) on March 12, 2025; Finance (Kathleen Gonzalez, Administrative Analyst, 387-4222) on April 15, 2025; and County Finance and Administration (Paloma Hernandez-Barker, Deputy Executive Officer, 387-5423) on April 15, 2025.