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HomeMy WebLinkAboutItem 1e: Approve Amendment No. 1 extending the Memorandum of Agreement for the CMP oo.IFORA,41 '4, ill Sea* 1 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 Page2of3 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