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2011/06/30 Lake Elsinore, City Amendment 1 - Add Menifee and Winchester to TMDL tasCITY OF MENIFEE TMDL Task Force Participation MEETING DATE: April 6, 2010 TO: Mayor and City Council PREPARED BY: George Wentz, City Manager SUBJECT: TMDL Task Force Participation RECOMMENDED ACTION Approve Amendment No. 1 adding the City of Menifee to the TMDL Task force and extending the Agreement through June 30, 2011 and appoint a primary and alternate representative to the task force who will have authority to act on behalf of the City. DISCUSSION In 1998 the Santa Ana Regional Water Quality Control Board designated Lake Elsinore and Canyon Lake as "impaired water bodies" and as a result of Section 303 the Clean Water Act requires that Total Maximum Daily Loads (TMDLs) be established by the Regional Board. In 2004 the Water Quality Control Plan for the Santa Ana River Basin incorporated TMDL's for Lake Elsinore and Canyon Lake that included individual and/or joint liability for complying with TMDLs. The amendment would add the cities of Menifee and Wildomar to the TMDL Task force. The Task Force includes the public agency as well as some large private stakeholders for the Lake Elsinore/Canyon Lake portion of the Santa Ana River Basin. If the City does not agree to participate, it would be required to act on its own and not be a part of the group addressing MS4 Permit matters, resulting in a difficult administrative burden and increased costs. Approximately 35% of the total TMDL cost is addressed by Co-Permittees. The pro-rata share of the costs is based primarily on population and land area. The fiscal commitment shown below is a portion of the total anticipated cost that is being budgeted for next fiscal year related to the MS4 permit. However, the Council should be aware that the cost of the TMDL compliance is likely to increase with the requirements of the newly revised MS4 permit, which take effect in June. ALTERNATIVES Not participate as part of the Task Force. City of Menifee Staff Report TMDL Amendment No. 1 April 6, 2010 FISCAL IMPACT $24,753 for fiscal year 2010-2011. ATTACHMENTS TMDL Agreement and Amendment No. 1 4823-9076-3781.1 2 IN WITNESS WHEREOF, the Parties have executed this Agreement entitled "AGREEMENT TO FORM THE LAKE ELSINORE AND CANYON LAKE TMDL TASK FORCE" CITY OF MENIFEE I: �Z, w-o APPROVED AS TO FORM BY 6,t, Attor AMENDMENT NO. 1 TO AGREEMENT TO FORM THE LAKE ELSINORE AND CANYON LAKE TMDL TASK FORCE This Amendment No. 1 is made this _ day of , 20_, by and among the Task Force Agencies that constitute the Lake Elsinore and Canyon Lake TMDL Task Force. RECITALS WHEREAS, the Lake Elsinore and Canyon Lake TMDL Task Force was created pursuant to that certain agreement entitled 'Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force"dated March 5, 2007 ("Agreement"); and WHEREAS, it is the purpose of this Amendment No. 1 to the Agreement for all Task Force Agencies to mutually extend the duration of the Agreement one full year and to add the City of Menifee and the City of Wildomar to the Task Force. NOW, THEREFORE, the parties mutually agree that the Agreement is amended as follows: 1. The duration of the Agreement is extended one full year to June 30, 2011, and 2. The following Agencies are hereby added as a "Task Force Agency" to the Agreement: CITY OF MENIFEE CITY OF WILDOMAR IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the date opposite their respective signatures. This Amendment becomes effective as of the date of the latest signature page received. LAKE ELSINORE AND SAN JACINTO WATERSHEDS AUTHORITY TITLE DA IN WITNESS WHEREOF, the Parties have executed this Agreement entitled "AGREEMENT TO FORM THE LAKE ELSINORE AND CANYON LAKE TMDL TASK FORCE" UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE (SAN BERNARDINO NATIONAL FOREST MANAGEMENT ZONE) TITLE DATE APPROVED AS TO FORM By Attorney IN W ITNESS WHERE OF, the Parties have executed this Agreement entitled "AGREEMENT TO FORM THE LAKE ELSINORE AND CANYON LAKE TMDL TASK FORCE" UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE (CLEVELAND NATIONAL FOREST MANAGEMENT ZONE) TITLE APPROVED AS TO FORM Attorney IN WITNESS WHEREOF, the Parties have executed this Agreement entitled "AGREEMENT TO FORM THE LAKE ELSINORE AND CANYON LAKE TMDL TASK FORCE" US AIR FORCE (MARCH AIR RESERVE BASE) ROM TITLE APPROVED AS TO FORM LO-Z Attorney IN WITNESS WHEREOF, the Parties have executed this Agreement entitled "AGREEMENT TO FORM THE LAKE ELSINORE AND CANYON LAKE TMDL TASK FORCE" MARCH AIR RESERVE BASE JOINT POWERS AUTHORITY Mw TITLE APPROVED AS TO FORM 51 Attorney IN WITNESS WHEREOF, the Parties have executed this Agreement entitled "AGREEMENT TO FORM THE LAKE ELSINORE AND CANYON LAKE TMDL TASK FORCE" CALIFORNIA DEPARTMENT OF TRANSPORTATION go TITLE 1• APPROVED AS TO FORM By Attornev IN WITNESS WHEREOF, the Parties have executed this Agreement entitled "AGREEMENT TO FORM THE LAKE ELSINORE AND CANYON LAKE TMDL TASK FORCE" CALIFORNIA DEPARTMENT OF FISH AND GAME Im TITLE m APPROVED AS TO FORM Attorney IN W ITNESS WHERE OF, the Parties have executed this Agreement entitled "AGREEMENT TO FORM THE LAKE ELSINORE AND CANYON LAKE TMDL TASK FORCE" EASTERN MUNICIPAL WATER DISTRICT :• TITLE DA APPROVED AS TO FORM Attorney IN W ITNESS WHEREOF, the Parties have executed this Agreement entitled "AGREEMENT TO FORM THE LAKE ELSINORE AND CANYON LAKE TMDL TASK FORCE" WESTERN RIVERSIDE COUNTY AGRICULTURE COALITION TITLE DATE APPROVED AS TO FORM By Attorney IN WITNESS WHEREOF, the Parties have executed this Agreement entitled "AGREEMENT TO FORM THE LAKE ELSINORE AND CANYON LAKE TMDL TASK FORCE" ELSINORE VALLEY MUNICIPAL DISTRICT LIZ TITLE APPROVED AS TO FORM By Attorney IN WITNESS WHEREOF, the Parties have executed this Agreement entitled "AGREEMENT TO FORM THE LAKE ELSINORE AND CANYON LAKE TMDL TASK FORCE" RECOMMENDED FOR APPROVAL By By WARREN D. WILLIAMS General Manager -Chief Engineer APPROVED AS TO FORM JOE S. RANK County Counsel By DAVID H.K. HUFF Deputy County Counsel RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT JEFF STONE, Chairman Riverside County Flood Control and Water Conservation District Board of Supervisors ATTEST: NANCY ROMERO Clerk to the Board By Deputy (SEAL) IN W ITNESS WHEREOF, the Parties have executed this Agreement entitled "AGREEMENT TO FORM THE LAKE ELSINORE AND CANYON LAKE TMDL TASK FORCE" COUNTY OF RIVERSIDE RECOMMENDED FOR APPROVAL: By By LARRY PARRISH JEFF STONE, Chairman County Executive Officer Riverside County Flood Control and Water Conservation District Board of Supervisors APPROVED AS TO FORM ATTEST: JOE S. RANK NANCY ROMERO County Counsel Clerk to the Board e DAVID H.K. HUFF Deputy County Counsel Deputy (SEAL) IN W ITNESS WHEREOF, the Parties have executed this Agreement entitled "AGREEMENT TO FORM THE LAKE ELSINORE AND CANYON LAKE TMDL TASK FORCE" CITY OF BEAUMONT BY Mayor DATE APPROVED AS TO FORM City Attorney IN W ITNESS WHERE OF, the Parties have executed th is Agreement entitled "AGREEMENT TO FORM THE LAKE ELSINORE AND CANYON LAKE TMDL TASK FORCE" CITY OF CANYON LAKE MR Mayor APPROVED AS TO FORM City Attorney IN WITNESS WHEREOF, the Parties have executed this Agreement entitled "AGREEMENT TO FORM THE LAKE ELSINORE AND CANYON LAKE TMDL TASK FORCE" CITY OF HEMET BY Mayor DATE APPROVED AS TO FORM City Attorney IN WITNESS WHEREOF, the Parties have executed this Agreement entitled "AGREEMENT TO FORM THE LAKE ELSINORE AND CANYON LAKE TMDL TASK FORCE" CITY OF LAKE ELSINORE FIE Mayor DA APPROVED AS TO FORM City Attorney IN W ITNESS WHEREOF, the Parties have executed this Agreement entitled "AGREEMENT TO FORM THE LAKE ELSINORE AND CANYON LAKE TMDL TASK FORCE" CITY OF MORENO VALLEY M. Mayor APPROVED AS TO FORM I3 City Attorney IN W ITNESS WHEREOF, the Parties have executed th is Agreement entitled "AGREEMENT TO FORM THE LAKE ELSINORE AND CANYON LAKE TMDL TASK FORCE" CITY OF MURRIETA BY Mayor DATE APPROVED AS TO FORM 51 City Attorney IN WITNESS WHEREOF, the Parties have executed this Agreement entitled "AGREEMENT TO FORM THE LAKE ELSINORE AND CANYON LAKE TMDL TASK FORCE" CITY OF PERRIS BY Mayor DATE APPROVED AS TO FORM City Attorney IN W ITNESS WHEREOF, the Parties have executed th is Agreement entitled "AGREEMENT TO FORM THE LAKE ELSINORE AND CANYON LAKE TMDL TASK FORCE" CITY OF RIVERSIDE BY Mayor DATE APPROVED AS TO FORM By City Attorney IN W ITNESS W HEREOF, the Parties have executed this Agreement entitled "AGREEMENT TO FORM THE LAKE ELSINORE AND CANYON LAKE TMDL TASK FORCE" CITY OF SAN JACINTO BY Mayor DATE APPROVED AS TO FORM By City Attorney IN WITNESS WHEREOF, the Parties have executed this Agreement entitled "AGREEMENT TO FORM THE LAKE ELSINORE AND CANYON LAKE TMDL TASK FORCE" CITY OF WILDOMAR DATE APPROVED AS TO FORM Attorney IN W ITNESS WHEREOF, the Parties have executed this Agreement entitled "AGREEMENT TO FORM THE LAKE ELSINORE AND CANYON LAKE TMDL TASK FORCE" SANTA ANA REGIONAL WATER QUALITY CONTROL BOARD LIM TITLE DATE JEU:cw P8\ 6/6/06