City of San Juan Capistrano. Agenda Report. Honorable Mayor and Members of the City Council. Steve May, Public Works and Utilities Director 4-tUA.

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1 3/21/2017 E12 City of San Juan Capistrano Agenda Report TO: FROM: SUBMITTED BY: Honorable Mayor and Members of the City Council ~Siegel, City Manager Steve May, Public Works and Utilities Director 4-tUA.-- PREPARED BY: DATE: SUBJECT: George Alvarez, City Engineer Hossein Ajideh, P.E., Senior Civil Engineer Consideration of Submittal of the Updated Jurisdictional Runoff Management Plan and Water Quality Improvement Plan to the San Diego Regional Water Quality Control Board RECOMMENDATION: By motion, 1. Approve submittal of the updated City of San Juan Capistrano Jurisdictional Runoff Management Plan (JRMP) to the San Diego Regional Water Quality Control Board (SDRWQCB); and, 2. Approve the County of Orange's submittal, on behalf of the City, of the Water Quality Improvement Plan (WQIP) to the SDRWQCB in compliance with the Municipal Separate Storm Sewer System Permit (MS4 Permit); and, 3. Authorize the Public Works and Utilities Director to make changes to the JRMP and WQIP after submittal to the SDRWQCB in response to valid, reasonable requests for changes, consistent with the MS4 Permit in order to obtain the acceptance from the SDRWQCB, and to implement the JRMP and WQIP thereafter; and, 4. Authorize the Public Works and Utilities Director to make annual changes to the WQIP and JRMP that are consistent with the MS4 Permit.

2 City Council Agenda Report Page 2 of 6 EXECUTIVE SUMMARY: On February 11, 2015, the SDRWQCB enrolled the County of Orange, as the Principal Permittee, and the City of San Juan Capistrano and the other South Orange County cities, as Co-Permittees, into the Regional MS4 Permit for South Orange County (Order No. R ). The Regional MS4 Permit specifies the program requirements and performance metrics to be tracked during the Permit cycle, and the City adopts these specifications into a program that is consistent with the Permit requirements. Unlike in previous Permit (Order No. R ) adoptions where the SDRWQCB adopted a Permit for each of the three counties governed by the SDRWQCB, the SDRWQCB chose to write one Permit for San Diego County, South Orange County, and Southwest Riverside County. The SDRWQCB enrolled San Diego County in May 2013, Orange County in February 2015, and Riverside County in November As with past Permit adoptions, one of the requirements of the new Permit (Order No. R ) is for each Permittee to review and update its Local Implementation Plan (LIP) to be consistent with the provisions of the new Permit. The Regional MS4 Permit identifies the LIP document as the Jurisdictional Runoff Management Plan (JRMP). The JRMP is due to the SDRWQCB on April 1, An overview of the recently updated JRMP is presented in Attachment 1. The update of the JRMP is consistent with the Regional MS4 Permit and is necessary to ensure compliance with the terms of the Permit. Failure to update the JRMP could subject the City to enforcement action and/or fines for violating the Permit requirements. The County of Orange and South Orange County Co-Permittees are required to submit a Water Quality Improvement Plan (WQIP). The County of Orange was the lead in developing this Plan and will submit the Plan to SDRWQCB on behalf of the Co Permittees. While most sections of the WQIP have already been submitted for review to the SDRWQCB, the most substantive portions of the WQIP are required to be submitted for the first time on April 1, An overview of the WQIP is presented in Attachment 2. DISCUSSION/ANALYSIS: A model runoff management framework document called the Drainage Area Master Plan (DAMP) was developed and implemented countywide in 1993 under the First Term MS4 Permits issued by the SDRWQCB for both North and South Orange County. The requirement for a JRMP was first identified in February 2002 with the issuance of the Third Term MS4 Permit for South Orange County. The Fourth Term MS4 Permit issued in 2009 required the City to address the following:

3 City Council Agenda Report Page 3 of 6 Landscape irrigation runoff as a non-exempt discharge for the first time; Conditioning many new and redevelopment projects to analyze and mitigate the quantity of storm water runoff originating from 1 0-year return period or smaller storm events; Working cooperatively with the County and the other Co-Permittees to implement a substantially different water quality monitoring program to address water quality impairments triggered by measured exceedances of SDRWQCB-defined numeric action levels during the sampling of dry weather and wet weather creek flows. While the first two major changes were manageable for compliance, the Co-Permittees contended the SDRWQCB-defined numeric action levels approach caused the Co Permittees to spend unnecessary resources reviewing all sources of pollutants rather than focusing on key sources of pollutants causing or contributing to the impairment of local waterbodies. With the adoption of the Regional MS4 Permit, which could also be considered to be the Fifth Term MS4 Permit, the SDRWQCB is requiring a different approach to storm water management. The Co-Permittees are being required to modify our existing JRMPs and to develop a Water Quality Improvement Plan (WQIP) to "further the Clean Water Act's objective to protect, preserve, enhance, and restore the water quality and designated beneficial uses of waters of the State." This goal will be accomplished through an adaptive planning and management process that identifies the highest priority water quality conditions within a watershed and implements strategies through the jurisdictional runoff management programs to achieve improvements in the quality of discharges from the MS4s and receiving waters (p. 21 of the Permit amended 11/18/2015). In essence, the SDRWQCB is requiring the Co-Permittees to chart their plan to achieve the State's water quality objectives indirectly through watershed and jurisdictional strategies. The proposed plan for attempting to achieve the State's water quality objectives on a watershed scale and County-wide scale is documented in the proposed WQIP. The County started work on the development of the WQIP in September A Consultation Panel consisting of representatives from South Orange County environmental groups, taxpayer organizations, the construction industry, and agencies were formed to provide oversight to the process. In addition, the County held public workshops to obtain input. The last Consultation Panel meeting was held on March 1st, and the WQIP is considered 99% complete. In addition to identifying high priority water quality conditions and strategies to address highest priority water quality conditions, the SDRWQCB is requiring each jurisdiction to identify "the known and suspected areas or sources causing or contributing to the highest priority water quality conditions" and each jurisdiction's proposed efforts to address those areas or sources.

4 City Council Agenda Report Page 4 of 6 The identification of the known or suspected areas or sources is documented in the updated JRMP. While the SDRWQCB is allowing the Co-Permittees latitude in choosing the areas or sources, the Permit makes it clear that the Co-Permittees should consider industrial, commercial, multi-family, and municipal facilities, as well as transportation networks, to be sources and areas considered in the analysis. The most substantive changes to the JRMP appear in Sections 3, 5 and 9 as follows: Section 3, Plan Development of the JRMP includes a table summarizing the WQIP Strategies, high priority water quality conditions targeted, pollutants addressed, geographic extent of implementation, and identifying the existing or modified program(s) to address the high priority water quality conditions. Section 5, Municipal Activities of the JRMP includes a discussion and table of the minimum best management practices, or activities, and inspection frequencies that will be used at municipal activities/projects to address high priority water quality conditions. Section 9, Existing Development of the JRMP includes a discussion and table of the minimum best management practices and inspection frequencies within existing development areas to address high priority water quality conditions. Since the adoption of the Permit, City staff and the Co-Permittees have worked with the County of Orange to provide input during the WQIP development process, and to identify necessary changes to the model framework and to the City's existing JRMP to achieve compliance with Permit provisions. The SDRWQCB is requiring the City to submit the updated JRMP, and the County to submit the WQIP on or before April 1, After submittal, the SDRWQCB will post each submitted JRMP and the County-wide WQIP on its website for 30 days for public comments. Thereafter, the SDRWQCB will either approve of the documents or ask each jurisdiction to make edits based upon Board staff and public input. The Permit requires the Co-Permittees obtain SDRWQCB final approval of the plans before implementation. While the WQIP is being submitted by the County on behalf of all the Co-Permittees, there are watershed and County-wide strategies identified throughout the WQIP which apply to the City. Therefore, City staff is recommending that the City Council approve the submittal of the jurisdictional strategies listed in the proposed WQIP. Due to the Permit's goal that "an adaptive planning and management process" be implemented by the Co-Permittees on an annual basis, City staff is also recommending that the City Council authorize the Public Works and Utilities Director to make annual updates to the JRMP and WQIP, when necessary in response to the adaptive process, and as necessary when required by the Regional MS4 Permit.

5 City Council Agenda Report Page 5 of 6 While this is discussed further in the Fiscal Impact analysis below, City staff has included the following statement in Section 3 of the JRMP: "Currently, some of the Co-Permittees including the City are pursuing a subvention of funds from the State to pay for certain activities required by Order No. R and Order No. R , as amended by Order Nos. R and R , including some of the activities in the JRMP. Nothing in this JRMP should be viewed as a waiver of those claims or as a waiver of the rights of the City to pursue a subvention of funds from the State to pay for certain activities required by the Fourth and Fifth Term Permits, including the implementation of certain activities in this JRMP. In addition, several Co-Permittees, including the City, have filed petitions with the State Water Resources Control Board (SWRCB) challenging some of the requirements of the Fifth Term Permit. Nothing in this JRMP should be viewed as a waiver of those claims. Because the SWRCB has not issued a stay of the Fifth Term Permit, Co-Permittees must comply with the Fifth Term Permit's requirements while the SWRCB process is pending." Consequently, staff recommends that the City Council take the following actions: 1) Approve the submittal of the updated JRMP to the SDRWQCB, 2) Approve the submittal of the WQIP to the SDRWQCB, 3) Authorize the Public Works and Utilities Director to make changes to the JRMP and WQIP after submittal to the SDRWQCB in response to valid, reasonable requests for changes, consistent with the Permit, and to implement the JRMP and WQIP thereafter, and 4) Authorize the Public Works and Utilities Director to make annual changes to the WQIP and JRMP that are consistent with the Permit. Due to the large size of the actual documents, the JRMP and WQIP have not been attached to this report. Rather they are available for review in the City Clerk's office, and will be made available to the public for review on the evening of the City Council meeting. The WQIP documents are additionally available at the following internet link oc water quality improvement plan (wqip) FISCAL IMPACT: There is no direct fiscal impact associated with the recommended action this fiscal year. The work being done by the County and the Co-Permittees are being absorbed into the existing budget. However, City staff anticipates that additional compliance activities, such as inspections, monitoring, and reporting may impact future program costs. City staff is also uncertain as to the cost of the proposed jurisdictional and watershed strategies. The City and the Co-Permittees are currently pursuing unfunded mandate claims with the State of California Commission on State Mandates for reimbursement of some activities associated with the Fourth and Fifth Term Permits, Order No. R and Order No. R , as amended by Order Nos. R and R

6 City Council Agenda Report Page 6 of To the extent the Commission finds for the Co-Permittees on prior claims, the Co-_ Permittees may file a claim for some activities associated with the development and implementation of the JRMP and WQIP, which may result in unfunded mandate reimbursement or suspension of the activities. Therefore, at this time, it is not possible to quantify the exact fiscal impact of future program requirements. ENVIRONMENTAL IMPACT: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. PRIOR CITY COUNCIL REVIEW: On December 7, 2010, the City Council approved submittal of an amended Local Implementation Plan required pursuant to Regional Board Order Number R On December 16, 2010 the City submitted an approved 2010 Local Implementation Plan to the California Regional Water Quality Control Board, San Diego Region. COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: This item does not require commission review. NOTIFICATION: County of Orange ATTACHMENTS: Attachment 1: An overview of the 2017 Jurisdictional Runoff Management Plan (JRMP) Attachment 2: An overview of the 2017 Water Quality Improvement Plan (WQIP)

7 An overview of the 2017 Jurisdictional Runoff Management Plan (JRMP) This Stormwater Jurisdictional Runoff Management Plan (JRMP) document was prepared by the City of San Juan Capistrano to meet the requirements of the Regional National Pollutant Discharge Elimination System (NPDES) Permit issued in May 2013 by the San Diego Regional Water Quality Control Board (referred to as the Regional Permit identified by the Regional Board as Order No. R , and as amended by orders R and R ). The parties emolled in the Regional Permit includes the County of Orange, the Orange County Flood Control District (OCFCD) and the incorporated cities of south Orange County (collectively referred to as Permittees). The City implements the requirements of the Regional Permit through a locally specific runoff management plan previously referred to as the Local Implementation Plan (LIP), and currently referred to as the Jurisdictional Runoff Management Plan (JRMP). The 2017 JRMP document is intended to provide an update of the City's stormwater management plan prepared in December The following sections of this Executive Summary provide a brief overview of the 2017 JRMP and the regulatory requirements that the documents is intended to address. The specific water pollutant control program elements of the overall countywide stormwater program are documented in the Drainage Area Management Plan (DAMP) prepared by the County, which serves as the model and primary guidance document for the Permittees to follow for compliance with the Regional Permit. This JRMP serves as the implementation document to define specific programs and activities that the City of San Juan Capistrano conducts to comply with Regional Permit requirements. The objectives of both the Countywide DAMP and city-specific JRMP are not only to comply with the NPDES permit requirements, but to protect and improve water quality for identified beneficial uses of local surface waters within the City limits. The JRMP includes a wide range of continuing and enhanced Best Management Practices (BMPs) and control techiriques to help prevent or eliminate the discharge of pollutants into and from the City's storm drainage system to the local surface waters. The City's JRMP is intended to serve as the planning and implementation document that the City will follow during the life of the Regional Permit, and may be further updated and modified as the City determines necessary, or as directed by the Regional Board. This JRMP consists of ten (10) distinct program elements, which are summarized in the following sections. Each program element includes a focus on pollution prevention measures as well as program effectiveness assessments. Introduction (Section 1) This element provides some initial background on the program and then describes the City 1 s environmental settings such as geography and climate, watersheds, impaired waterbodies and environmentally sensitive areas, as well as the overall document organization of the JRMP. hprogram Management (Section 2) This element describes the City's program management approach including the coordination activities at countywide and local scales as well as the fiscal analysis, data management, and annual reporting requirements. Attachment 1- Page 1 of 2

8 Jurisdictional Work Plan (Section 3) This element describes the City's specific planning approach for developing, adapting, and updating the JRMP to maintain a responsive program to water quality priorities and in compliance with the Regional Permit. Legal Authority (Section 4) This element describes the City's legal authority for prohibiting unpermitted discharges to the storm drain system and for requiring BMPs in new development and significant redevelopment as well as the legal analyses that can be conducted and corresponding revisions that have been made to the applicable ordinances. Municipal Activities (Section 5) This element describes the programs conducted by the City to address water quality issues related to City-owned buildings and facilities, field programs (Parks), and drainage facilities. Public Education (Section 6) This element describes the outreach programs conducted by the City in order to educate various public and business-related target audiences about pollution prevention measures and to engage targeted audiences about the importance of protecting the environment. Development Plami.ing (Section 7) This element describes the programs conducted by the City in order to address water quality issues at the planning and design stage of project development and redevelopment. This element includes controls to incorporate appropriate and required post-construction nonstructural and structural BMPs into the environmental planning and development review process. Construction (Section 8) This element describes the programs conducted by the City in order to address water quality issues during the construction stage of project development. This element includes site controls that address appropriate and required practices for erosion and sediment controls as well as on-site hazardous materials and waste management. Existing Development (Section 9) This program element contains four distinct programs: a. Commercial/Industrial Program- This element describes the programs conducted by the City in order to address water quality issues during the operation of commercial and industrial businesses. The program consists of site prioritization, inspection, and BMP implementation. b. Residential - This element describes the programs conducted by the City in order to address water quality issues associated with residential areas and activities, including homeowners associations and the operation and maintenance of common interest areas. d. Retrofitting Existing Development Areas - This element describes the program for implementing BMPs to address existing developed areas. Illegal Discharges/Illicit Connections (Section 10) This element describes the programs conducted by the City in order to effectively detect and eliminate unpermitted discharges and unauthorized connections to the municipal storm drain system. Attachment 1- Page 2 of 2

9 2017 WATER QUALITY IMPROVEMENT PLAN EXECUTIVE SUMMARY AN OVERVIEW OF THE 2017 WATER QUALITY IMPROVEMENT PLAN (WQIP) The following memorandum provides an overview of the South Orange County Water Quality Improvement Plan (WQIP), and clarifies that the City's position with respect to these documents will be established with the April 1, 2017 submittal to the San Diego Regional Water Quality Control Board (Regional Board). OVERVIEW OF THE WATER QUALTY IMPROVEMENT PLAN The Regional Municipal Separate Storm Sewer System (MS4) permit (Order No. R ) issued by the Regional Board in February 2015 requires the South Orange County Copermittees to develop a comprehensive water quality improvement process. This document is termed the "South Orange County Water Quality Improvement Plan (WQIP)." The WQIP contains five sections which are: A comprehensive water quality assessment to identify the highest priority water quality conditions in creeks and rivers- submitted on April1, 2016 A series of numeric goals for each of the highest priority water quality conditions- submitted on October 1, 2016 Development of an implementation strategy to achieve the goals- submitted on October 1, 2016 Development of a water quality monitoring plan to assess the effectiveness of the strategies - to be submitted on Apri/1, A contingency plan that provides alternative strategies for adaptive measures to achieve the goals- should the initial formulation ofthe strategies deemed to be not fully effective, to be submitted on Apri/1, 2017 Over the past 25 months, the Public Works Engineering Division has participated in the monthly workgroup meetings, attended the public workshops, and provided technical reviews and comments on each of the draft documents. The plan development process has focused on approaches that will allow the City to begin internally developing strategies to leverage our existing programs and projects to help the City meet the goals. The WQIP identifies three primary water quality goals which are the following: Eliminate pathogens (viruses, E. Coli, etc.) in stormwater -Pathogen Health Risk Priority Condition Protect stream conditions and reduce impacts from high energy flows - Geomorphic Impacts Priority Condition Eliminate sources of dry weather runoff and any associated pollutants - Unnatural Water Balance Priority Condition A set of secondary goals covers the following water quality priorities for the city streams: o o o o Restoration of aquatic biological communities Reducing the amount of trash in storm drain discharges Reducing nitrogen and phosphorus (nutrients) in discharges that contributes to excessive algae growth in streams Reducing toxic pollutants that contribute to mortality in aquatic organisms Attachment 2- Page 1 of 2

10 A Regional Board approved WQIP provides an opportunity to streamline some of the City's water quality efforts, such as the following: Pathogen Health Risk - A focus on human-associated sources of bacteria, first, with future efforts focused on the traditionally regulated, and more challenging to reduce, indicator bacteria (e.g., Fecal Coliforms) using water quality treatment Best Management Practices (BMP) approaches (e.g. water quality basins and swales) Geomorphic Impacts- A permanent hydromodification exemption for priority development projects in specific watersheds with the benefit of reducing the time and effort needed for the development plan review and approval process Unnatural Water Balance- Focusing on the elimination of dry weather discharges in lieu of a pollutantby-pollutant based approach that the City has traditionally implemented The proposed goals and strategies, in part, are based on extended implementation schedules or provide alternative compliance pathways in order to make the long-term cost impacts more manageable. The WQIP also places a heavy burden on the monitoring and assessment elements, some of which may be performed by Orange County Public Works, but some of the goals to be attained may require an individual effort by the City. The Water Quality Improvement Plan is considered to be a substantive step forward for the City's water quality and environmental program, with the goals and strategies representing streamlined efforts that will closely match with the City's current operations and maintenance practices. For this reason, the Water Quality Improvement Plan represents a worthwhile effort to be undertaking by the City over the upcoming years. Page 2 of 2