HomeMy WebLinkAboutItem 1e: Approve Amendment No. 1 extending the Memorandum of Agreement for the CMP oo.IFORA,41 '4,
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A171,741:10.V3 NO
°nity of STAFF REPORT
Public Works Services Department
DATE: August 21, 2012
TO: Honorable Mayor and City Council
FROM: Tom Tait, Public Works Services Director ,
By: Vanessa Hevener, Environmental Services Officer
SUBJECT: AUTHORIZE THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1
EXTENDING THE MEMORANDUM OF AGREEMENT WITH THE
GATEWAY CITIES COUNCIL OF GOVERNMENTS (GCCOG) FOR THE
ADMINISTRATION AND COST SHARING OF THE COORDINATED
MONITORING PLAN (CMP) FOR THE LOS ANGELES RIVER METALS
TOTAL MAXIMUM DAILY LOAD (TMDL)
Recommendation: Approve
SUMMARY
The Los Angeles River and Tributaries Metals Total Maximum Daily Load (LAR Metals
TMDL) adopted by the Los Angeles Regional Water Quality Control Board (Regional
Board) on September 6, 2007, required all Los Angeles River watershed cities and
agencies to develop a coordinated monitoring plan (CMP) to assess the amount of
metals pollutants in the Los Angeles River and its tributaries. The original
Memorandum of Agreement (MOA) was for a three year term which expired in June
2012. The Regional Board has indicated that the next permit will require that regional
monitoring programs such as the CMP must continue.
Therefore, it is recommended that the City Council authorize the City Manager to
execute Amendment No. 1 (Exhibit A) extending the Memorandum of Agreement (MOA)
with the Gateway Cities Council of Governments (GCCOG) for the administration and
cost sharing of the coordinated monitoring plan (CMP) for the Los Angeles River and
Tributaries Metals Total Maximum Daily Load (TMDL).
BACKGROUND
A Consent Decree between local environmental organizations and the US
Environmental Protection Agency (USEPA) identified over 700 impairments of local
water bodies in Los Angeles County, including the Los Angeles River and its tributaries,
and mandated a schedule for addressing these water bodies including the development
Honorable Mayor and City Council
August 21, 2012
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and adoption of TMDLs. A TMDL is a calculation of the maximum amount of a specific
pollutant that a body of water can receive without negatively impacting its beneficial
uses. The Los Angeles River and Tributaries Metals TMDL was adopted by the
Regional Board in January 2006, pursuant to a Consent Decree.
The Metals TMDL addresses impairments for selenium, zinc, lead, copper, and
cadmium. Zinc, lead, copper, and cadmium are associated with industrial discharges to
sewage treatment plants, runoff from roadways, parking lots, and other areas
associated with vehicle usage and atmospheric deposition over the entire watershed.
DISCUSSION
The City of Arcadia has been working with other agencies to determine a framework to
ensure compliance with the Metals TMDL in the most cost effective, regionally
consistent manner. The CMP was developed by the Technical Committee comprised of
representatives from agencies in the watershed with these objectives: 1) collect data to
evaluate the uncertainties and assumptions made during the development of the TMDL;
2) collect data to assess compliance with the waste load allocations; and 3) collect data
to evaluate potential management scenarios. The CMP also includes a tiered
monitoring scheme that is necessary for both ambient and effectiveness monitoring
phases. This tiered monitoring scheme will allow for control of costs and the ability to
isolate the source of a pollutant if a sample exceeds the allowed allocation established
by the TMDL.
In 2008, the City of Arcadia, along with 41 other agencies within the Los Angeles
watershed, approved a MOA for the administration and cost sharing of the CMP for the
Los Angeles River and Tributaries Metals TMDL. In this Agreement, the City of Los
Angeles was responsible for the monitoring services which included sampling,
laboratory analysis, and reporting. Additionally, the County of Los Angeles was
responsible for the installation of the automated sampling equipment. There are a total
of 16 monitoring locations, 13 in the main channel and three in the tributaries. The
TMDL requires monthly sampling for total recoverable and dissolved metals and
hardness for both the ambient and effectiveness monitoring periods. The pollutants
monitored included cadmium, copper, lead, selenium, zinc, and hardness.
The Gateway Cities Council of Governments (GCCOG) agreed to provide
administration of the CMP, which required implementation, invoicing, bill payments, and
auditing. On August 21, 2007, the City Council approved an implementation agreement
with the GCCOG for the special studies of the Metals TMDL. For the first three years,
the monitoring was to establish the existing (or ambient) conditions. As of January
2011, the monitoring became "effectiveness monitoring" to assess the effectiveness of
the Best Management Practices (BMPs) that permittees were implementing.
The original MOA was for a three year term that expired in June 2012. The Regional
Board has indicated that the next stormwater permit will require that regional monitoring
Honorable Mayor and City Council
August 21, 2012
Page 3 of 3
programs such as the CMP must continue. There is considerable uncertainty regarding
the extent of future TMDLs; therefore, the Los Angeles River CMP Technical Committee
is recommending the current MOA be extended for a period of only one year at this
time. The contract addendum is attached as Exhibit A. The City of Los Angeles has
provided a Scope of Services in the attached Exhibit B.
The total costs will be approximately $215,000, which includes approximately $150,000
for the continued Tier I monitoring; $18,000 for inclusion of the Tier II sites now that the
monitoring has entering the compliance phase; $30,000 for maintenance and upgrades
to the equipment which is now three years old; and $17,000 to reimburse the GCCOG's
administrative costs. Based on the cost allocation formula (Exhibit C), the estimated
cost for the City of Arcadia is about $4,069 or 1.8% of the total annual monitoring costs.
To ensure compliance with the Metals TMDL in the most cost effective, regionally
consistent matter through implementation of the CMP with GCCOG, it is recommended
that the City Council authorize the City Manager to execute Amendment No. 1
extending the MOA with the GCCOG for the administration and cost sharing of the CMP
for the Los Angeles River and tributaries Metals TMDL.
FISCAL IMPACT
The total annual monitoring costs are estimated at $215,000. These costs will be
shared among the 41 cities in the watershed. Based on the cost allocation formula
(Exhibit C), the estimated cost for the City of Arcadia is about $4,069 or 1.8% of the
total annual monitoring costs.
$6,000 has been budgeted in the Fiscal Year 2012-13 Capital Improvement Plan
Budget for the Metals Total Maximum Daily Load Special Studies Project.
RECOMMENDATION
It is recommended that the City Council:
Authorize the City Manager to execute Amendment No. 1 extending the
Memorandum of Agreement with the Gateway Cities of Council of Governments
for the administration and cost sharing of the Coordinated Monitoring Plan for the
Los Angeles River and Tributaries Metals Total Maximum Daily Load.
APPROVED:
Dominic Lazzaretto
City Manager
EXHIBIT A
AMENDMENT NUMBER ONE
TO THE
MEMORANDUM OF AGREEMENT
BETWEEN
THE GATEWAY CITIES COUNCIL OF GOVERNMENTS
AND
REGARDING THE ADMINISTRATION AND COST SHARING OF THE
COORDINATED MONITORING PLAN FOR THE LOS ANGELES RIVER AND
TRIBUTARIES METALS TMDL
This Amendment Number One ("Amendment") is made this day of , 2012 by
and between the Gateway Cities Council of Governments, a California joint powers authority
("GCCOG"), and , a California municipal corporation ("City")
(hereinafter "Party" or "Parties") with respect to the following:
RECITALS
WHEREAS, the GCCOG and the City entered into a Memorandum of Agreement
regarding the administration and cost sharing of the Coordinated Monitoring Plan for the Los
Angeles River and Tributaries Metals TMDL ("Agreement"); and
WHEREAS, the Agreement expired on June 30, 2012; and
WHEREAS, the Coordinated Monitoring Plan Technical Committee has recommended
an extension of the Agreement for one year, and
WHEREAS, the Los Angeles River TMDL Steering Committee has also recommended
an extension of the Agreement for one year; and
WHEREAS, Section 15(d) of the Agreement provides that the Agreement may be
amended by an instrument in writing signed by the Parties.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth
herein, the Parties do hereby agree as follows:
Section 1. The term of the Agreement is hereby extended through June 30, 2013.
Section 2. The scope of work to be performed by the City of Los Angeles pursuant to the
Agreement during the extended term under this Amendment is set forth in the revised Exhibit
"B" attached hereto.
Section 3. The cost allocation for the scope of work in the revised Exhibit B is set forth in
the revised Exhibit "C" attached hereto.
Section 4. Except as modified or changed herein, all other provisions and terms of the
Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be
executed on their behalf, respectively, as follows:
DATE: CITY
City Official
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
DATE: GATEWAY CITIES COUNCIL OF
GOVERNMENTS
Gene Daniels, President
ATTEST:
Richard Powers, Secretary
EXHIBIT B
Los Angeles River Metals TMDL Coordinated Monitoring Plan
Estimated Annual Cost of Monitoring(FY 2012-2013)
Prepared by City of Los Angeles-Watershed Protection Division
No.Sampling Total Cost Events per
Field Work:TIER-I Sites Cost per Site per Month Year Annual cost
DRY weather sample collection(grab) 13 $ 200.00 $ 2,600.00 6 $ 15,600.00
WET weather sample collection(auto) 5 $ 600.00 $ 3,000.00 6 $ 18,000.00
Autosampler&Flow Meter Maintenance 5 -- $ 1,200.00 12 $ 14,400.00
Subtotal $ 48,000.00
Field Work:TIER-lla s Annual cost
Tier II: Dry Weather Sampling(grab) 1 $ 200.00 $ 200.00 6 $ 1,200.00
Tier II:Wet Weather Sampling(grab) 3 $ 600.00 $ 1,800.00 6 $ 10,800.00
Subtotal $ 12,000.00
No.Samples Cost Per
Laboratory Analysis (per yr) Sample Annual cost
TIER-I
EPA 200.8:Total/Dissolved Cu,Pb,Zn,Se,Cd;EPA 200.7:Hardness.
Includes Field Blanks and Field Duplicates(QA/QC) 132 $ 365.00 $ 48,180.00
TIER-Ila
EPA 200.8:Total/Dissolved Cu,Pb,Zn,Se,Cd;EPA 200.7:Hardness 24 $ 365.00 $ 8,760.00
Subtotal $ 56,940.00
Equipment&Supplies Annual Cost
Filtration Supplies(for Dissolved metals) $ 5,460.00
Autosampler&Flow Meter Servicing and/or Replacement Parts' $ 10,000.00
ISCO Cellular Modems(new equipment to replace outdated modems;one-time cost)` $ 11,000.00
Miscellaneous Consumables $ 1,500.00
Cellular Service Charges(telemetry system)d $ 2,100.00
Subtotal $ 30,060.00
Program Management(Data analysis&Management,Reporting, Supervision,and Coordination) Annual Cost
TIER-I $ 40,000.00
TIER-II _ $ 10,000.00
Subtotal $ 50,000.00
Total Annual Coste'f $ 197,000.00
Footnotes:
If Tier-II activation criteria reset at the beginning of the annual reporting cycle,fewer sampling events will be required.
bThis amount is to cover costs to repair/replace sensors,pumps,and other accessories in the event that damage occurs.
Modems currently use analog cell service. Verizon will be dropping this service in the near future;upgraded modems are necessary for
telemetry system to remain operational.
d If modems are upgraded to the digital platform,the cellular service charges will decrease to$600/year.
This cost estimate does NOT include TIER-Ill Source Tracking(per guidance from the Technical Committee).
f The Scope-of-Work for the Coordinated Monitoring Plan may be affected by issuance of the new MS4 Stormwater permit. If this occurs,
this cost estimate will need to be revised.
CMP extension Exhibt B.xls
EXHIBIT C
Area in Square Base Rate Allocation on Total Rate
EXHIBIT C Miles Distribution ($) Square Miles($) ($)
Alhambra 7.6 0.012258262 1075.00 2,082.07 3,157.07
Arcadia 10.93 0.017629317 1075.00 2,994.34 4,069.34
Bell 2.74 0.004419426 1075.00 750.64 1,825.64
Bell Gardens 2.48 0.004000065 1075.00 679.41 1,754.41
Bradbury 1.4 0.002258101 1075.00 383.54 1,458.54
Burbank 17.35 0.027984322 1075.00 4,753.14 5,828.14
Caltrans 11.24 0.018129325 1075.00 3,079.27 4,154.27
Calabasas 5.58 0.009000145 1075.00 1,528.67 2,603.67
Carson 0.88 0.001419378 1075.00 241.08 1,316.08
Commerce 6.56 0.010580816 1075.00 1,797.15 2,872.15
Compton 8.6 0.013871191 1075.00 2,356.02 3,431.02
Cudahy 1.12 0.001806481 1075.00 306.83 1,381.83
Downey 5.66 0.009129180 1075.00 1,550.59 2,625.59
Duarte 2.3 0.003709737 1075.00 630.10 1,705.10
El Monte 6.97 0.011242117 1075.00 1,909.47 2,984.47
Glendale 30.62 0.049387893 1075.00 8,388.53 9,463.53
Hidden Hills 1.57 0.002532299 1075.00 430.11 1,505.11
Huntington Park 3.03 0.004887176 1075.00 830.09 1,905.09
Irwindale 1.89 0.003048436 1075.00 517.78 1,592.78
La Canada Flintridge 8.57 0.013822804 1075.00 2,347.80 3,422.80
Long Beach 16.66 0.026871401 1075.00 4,564.11 5,639.11
City of Los Angeles 281.44 0.453942806 1075.00 77,102.19 78,177.19
Lynwood 4.85 0.007822707 1075.00 1,328.69 2,403.69
Maywood 1.18 0.001903257 1075.00 323.27 1,398.27
Monrovia 10.34 0.016677688 1075.00 2,832.71 3,907.71
Montebello 8.36 0.013484088 1075.00 2,290.27 3,365.27
Monterey Park 7.66 0.012355038 1075.00 2,098.50 3,173.50
Paramount 4.34 0.007000113 1075.00 1,188.97 2,263.97
Pasadena 22.7 0.036613494 1075.00 6,218.80 7,293.80
Pico Rivera 3.12 0.005032339 1075.00 854.74 1,929.74
Rosemead 5.14 0.008290456 1075.00 1,408.13 2,483.13
San Fernando 2.41 0.003887159 1075.00 660.23 1,735.23
San Gabriel 4.12 0.006645268 1075.00 1,128.70 2,203.70
San Marino 3.76 0.006064614 1075.00 1,030.07 2,105.07
Sierra Madre 2.99 0.004822658 1075.00 819.13 1,894.13
Signal Hill 1.13 0.001822610 1075.00 309.57 1,384.57
South El Monte 2.09 0.003371022 1075.00 572.57 1,647.57
South Gate 7.48 0.012064711 1075.00 2,049.19 3,124.19
South Pasadena 3.43 0.005532347 1075.00 939.67 2,014.67
Temple City 4.01 0.006467846 1075.00 1,098.56 2,173.56
Vernon 5.08 0.008193681 1075.00 1,391.70 2,466.70
Unincorporated LA County Areas 80.61 0.130018226 1075.00 22,083.60 23,158.60
Total 619.991 11 45,150.001 169,850.001 215,000.00