HomeMy WebLinkAboutItem 2d: Memorandum of Agreement with the Gateway Cities Council of Government.GNLiFOR�,r9"y� f'
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Co��anityof�o��y RSTAFF
Public Works Services Department
DATE: February 5, 2013
TO: Mayor and City Council
FROM: Tom Tait, Public Works Services Director
Prepared by: Vanessa Hevener, Environmental Services Officer
SUBJECT: AUTHORIZE THE CITY MANAGER TO APPROVE THE MEMORANDUM
OF AGREEMENT WITH THE GATEWAY CITES COUNCIL OF
GOVERNMENTS (GCCOG) FOR THE ADMINISTRATION AND COST
SHARING OF THE COORDINATED MONITORING PLAN (CMP) FOR
THE LOS ANGELES RIVER BACTERIA TOTAL MAXIMUM DAILY LOAD
(TMDL)
Recommendation: Approve
SUMMARY
On July 9, 2010, the Los Angeles Regional Water Quality Control Board (Regional
Board) adopted the Los Angeles River and Tributaries Bacteria Total Maximum Daily
Load (TMDL) which requires all Los Angeles River (LAR) watershed cities and agencies
to develop a Coordinated Monitoring Plan (CMP). The purpose of the CMP is to assess
the amount of bacteria in the Los Angeles River and its tributaries. The CMP must be
prepared and submitted to the Regional Water Quality Control Board by March 23,
2013. Monitoring is to begin upon approval of the CMP by the Regional Board.
The City previously entered into a similar monitoring agreement with the Gateway Cities
Council of Governments (GCCOG) for the Los Angeles River Metals CMP in August
2008 and extended the agreement an additional year in October 2012. The cost to the
City of Arcadia is estimated to be approximately $3,259.
DISCUSSION
Over the years, water quality in rivers, streams, and lakes has been impaired by
pollutants from a variety of sources. However, since the signing of the Federal Clean
Water Act (CWA) in 1972, water quality has improved greatly, primarily through
regulation of point source discharges. Although great efforts have been made in
restoring our state's water quality, there are still impaired water bodies that need
attention. Restoring water quality is crucial in maintaining a healthy environment and
ensuring the sustainability of water bodies.
Mayor and City Council
February 5, 2013
Page 2 of 3
Several segments of the Los Angeles River have been identified by the California
Regional Water Quality Control Board (RWQCB) as having exceeded water quality
objectives for bacteria. For this reason, the Clean Water Act requires a Total Maximum
Daily Load (TMDL) be developed to restore the impaired waterbodies to their full
beneficial uses. This TMDL became enforceable upon the adoption of the Los Angeles
County Municipal National Pollutant Discharge Elimination System (NPDES) Permit on
November 8, 2012.
Representatives from 37 out of 42 municipalities have verbally or electronically affirmed
their intent to participate in the CMP. Caltrans has previously participated in similar cost
sharing agreements, but is under a new statewide permit and has not indicated their
intent to participate in this agreement. Two cities have indicated they will not participate
and three other agencies have not responded and are considered non - participatory.
These non - participating cities are being re- contacted by the GCCOG. The MOA was
reviewed by the City Attorney (Exhibit A attached).
The cities are required to be in full compliance the Bacteria TMDL by March 23, 2028,
for dry- weather; however, a compliance date has not yet been established for wet -
weather flows. Participating cities can withdraw at any time by giving 30 days notice in
writing. The City of Los Angeles, has been conducting Metals CMP activities under a
separate agreement with the GCCOG, for the past three years. This Bacteria CMP
provides for an additional service for bacteria sampling at existing sampling locations as
the Metals CMP. Because of ongoing services already provided by the City of Los
Angeles, the addition of sampling for bacterial will be at a lesser cost to the participating
cities. The Los Angeles River TMDL Technical and Steering Committees have
approved this additional service and are recommending the City of Los Angeles to be
the CMP contractor for bacteria monitoring.
The City of Los Angeles has provided a Scope of Services for this Bacteria TMDL CMP
(Exhibit B attached). The total annual costs will be approximately $160,000 which
includes monitoring and the COG's administrative costs. The term for the CMP
sampling will be for the next three years, at which time the City will determine the next
steps that will be needed to implement compliance with the Bacteria TMDL. There is
also a one -time setup fee of approximately $20,000 for CMP preparation. Based on the
estimated total annual costs, the City of Arcadia's share is estimated to be
approximately $3,259 as outlined in Exhibit C. Future costs will not include the one -time
City of Los Angeles setup fee.
Load Reduction Strategy
Independent of this CMP is the development of a Load Reduction Strategy (LRS) that
requires each city or group of cities to develop a plan to implement activities aimed at
reducing the amount of bacteria in runoff. This LRS is outside the scope of the CMP
and individual cities or groups of cities will retain responsibility for this requirement. At a
Mayor and City Council
February 5, 2013
Page 3 of 3
future date, the City of Arcadia will need to develop the LRS with cities in our watershed
in order to be on schedule and in compliance with the Bacteria TMDL.
In conclusion, the Los Angeles River Bacteria TMDL is requiring affected cities to
develop and submit the Coordinated Monitoring Plan (CMP) by March 23, 2013.
Therefore, it is recommended that City Council authorize the City Manager to approve
the MOA with the Gateway Cities COG for the administration and cost sharing of the
Los Angeles River Bacteria CMP.
FISCAL IMPACT
Based on the estimated total annual costs, the City of Arcadia's share for the CMP is
estimated to be approximately $3,259 as outlined in Exhibit C. Funding for the Bacteria
TMDL CMP will be included in next year's Capital Improvement Program.
RECOMMENDATION
It is recommended that the City Council:
Authorize the City Manager to approve 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
Bacteria Total Maximum Daily Load (TMDL)
Approved,
Dominic Lazzaretlo
City Manager
Exhibits
Exhibit A — Memorandum of Agreement with the Gateway Cities COG
Exhibit B - Scope of Work prepared by the City of Los Angeles
Exhibit C - Cost estimate per agency
MEMORANDUM OF AGREEMENT
BETWEEN
THE GATEWAY CITIES COUNCIL OF GOVERNMENTS
AND
THE CITY OF ARCADIA
REGARDING THE ADMINISTRATION AND COST SHARING OF THE
COORDINATED MONITORING PLAN FOR THE LOS ANGELES RIVER AND
TRIBUTARIES BACTERIA TMDL
This Memorandum of Agreement ( "Agreement ") is made and entered into as of
the date of the last signature set forth below by and between the Gateway Cities Council
of Governments, a California joint powers authority ( "GCCOG "), and the City of
Arcadia a California municipal corporation ( "City "); (hereinafter "Party" or "Parties ")
with respect to the following:
RECITALS
WHEREAS, the mission of the GCCOG includes environmental planning and
providing technically sound science and analyses to its member cities and agencies; and
WHEREAS, eighteen of the GCCOG's member cities are located within the Los
Angeles River watershed and the GCCOG has established effective working relationships
with the adjacent Councils of Governments; and
WHEREAS, the GCCOG has previously entered into interagency agreements,
successfully partnering with various cities, SCAG, and CALTRANS to undertake
projects and studies of regional significance; and
WHEREAS, the Regional Water Quality Control Board, Los Angeles Region
( "Regional Board ") adopted the Los Angeles River and Tributaries Bacteria Total
Maximum Daily Load (TMDL) in July of 2010, with the intent of improving water
quality in the Los Angeles River and its tributaries; and
WHEREAS, the Parties recognize that the TMDL is not self - enforcing, but is
legally enforceable once incorporated into the National Pollutant Discharge Elimination
System Permit for Waste Discharge Requirements for Municipal Storm Water and Urban
Runoff Discharges; and
WHEREAS, this TMDL regulates the discharge of runoff from, forty -two cities
tributary to the Los Angeles River and the unincorporated areas of Los Angeles County
and CALTRANS, herein referred to as collectively the "Regulated Entities" or singularly
a "Regulated Entity ", requiring a high degree of organization and cooperation from the
local watershed agencies; and
1
WHEREAS, this TMDL requires the preparation of a Coordinated Monitoring
Plan ( "CMP ") and ongoing monitoring by the Regulated Entities once the CMP is
approved by the Regional Board; and
WHEREAS, the Regulated Entities are also responsible for preparing Load
Reduction Strategies (LRS) to reduce the amount of bacteria being discharged into the
Los Angeles River and Tributaries and the Regulated Entities will retain responsibility
for the preparation of the LRS, but will benefit from the monitoring information
generated by the CMP, and
WHEREAS, a Los Angeles River Bacteria TMDL Technical Committee,
consisting of representatives from the Regulated Entities, has been established with the
purpose of preparing and submitting the CMP to the Regional Board; and
WHEREAS, the Regulated Entities agree to prepare a CMP by March 23, 2013,
the adoption and initial funding of this Agreement will be by the Regulated Entities; and
WHEREAS, the Regulated Entities agree to implement the CMP upon approval
by the Regional Board; and
WHEREAS, the CMP requires administrative services that the Regulated Entities
desire the GCCOG to coordinate, including contracting for the development of both the
draft and final CMP and other related activities; and
WHEREAS, the GCCOG has agreed to provide administrative services to the
Regulated Entities to facilitate the successful implementation of the CMP; and
WHEREAS, the Regulated Entities have agreed to share in fully funding the costs
of the CMP, including those costs incurred by the GCCOG in administering this
Agreement, based on the cost allocation formula contained in Exhibit A and the estimated
implementation plan in Exhibit B of this Agreement; and
WHEREAS, the GCCOG and the Regulated Entities agree to employ consultants
as needed to prepare the CMP, and the Regulated Entities are willing to pay the
consultants for their services through the GCCOG; and
WHEREAS, from time to time, special studies will need to be conducted in
support of the CMP and to evaluate Load Reduction Strategies; and
WHEREAS, GCCOG will execute similar cost - sharing agreements with all other
Regulated Entities before this agreement becomes enforceable, unless stated otherwise
elsewhere in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set
forth herein, the Parties do hereby agree as follows:
2
Section 1. Recitals. The recitals set forth above are fully incorporated as part of
this Agreement.
Section 2. Purpose. The purpose of this Agreement is to cooperatively fund the
preparation of and implementation of the CMP.
Section 3. Cooperation. The Parties shall fully cooperate with one another to
attain the purposes of this Agreement.
Section 4. Voluntary Nature. This Agreement is voluntarily entered into for the
implementation of the CMP.
Section 5. Term. The term of this Agreement shall remain and continue in effect
until the scheduled final dry- weather TMDL deadline of March 23, 2028,
Section 6. Coordinated Monitoring Plan. The Los Angeles River Bacteria TMDL
CMP consists of collection of samples, laboratory analysis, characterization, special
studies, reporting, and other regulatory requirements.
Section 7. Assessment for Proportional Costs of the CMP. The City of Arcadia
agrees to provide funds to the GCCOG in the amount shown in Exhibit A and the
estimated implementation costs in Exhibit B attached hereto and made a part of this
Agreement by this reference. The GCCOG will invoice the City upon the execution of
this Agreement, based on allocated CMP costs, which includes all administrative costs
incurred by the GCCOG in the performance of its duties under this Agreement. The
GCCOG administrative costs include compensation for staff time, audit expenses, and
costs incurred in administrating agreements. Any overpayment or underpayment of the
CMP costs shall be credited or billed to the City. Costs are subject to change depending
upon the number of participating Regulated Entities and recommendations of the
Technical Committee based upon new or modified requirements of the Regional Board.
Section 8. Role of the GCCOG. The GCCOG shall enter into substantially and
materially similar agreement with each of the Regulated Entities to effectuate the CMP,
invoice and collect from the Regulated Entities the estimated amounts identified in
Exhibit A.
Section 9. Invoice and Payment.
a) The GCCOG shall invoice each Regulated Entity not later than July 30, 2013.
b) Delinquent Payments — A Regulated Entity's payment is considered to be
delinquent 60 days after being invoiced by the GCCOG. The following
procedure may be implemented to attain payments from the delinquent
Regulated Entity or Entities per instructions from the Technical Committee: 1)
verbally contact /meet with the manager from the delinquent Regulated Entity
3
or Entities, 2) submit a formal letter to the delinquent Regulated Entity or
Entities from the GCCOG attorney, and 3) notify the Regional Board that the
delinquent Regulated Entity or Entities are no longer a participating member
of the CMP. If a Regulated Entity or Entities remain delinquent after the
above procedures, then any delinquent amount(s) will be distributed in the
following year's invoice amongst all remaining Regulated Entities
proportionate to each Entity's area as it relates to the overall remaining total
Regulated Entities area, excluding the delinquent Regulated Entity or Entities.
The Technical Committee will revise Exhibit A to show the recalculated costs
for each participating Regulated Entity; these revised exhibits will be sent to
the GCCOG and included with the annual invoices to the Regulated Entities.
c) Interest Accrual — Any interest accrued on the funds collected per this
Agreement during the term of this Agreement shall be redeposited into the
appropriate account and used for implementation of the CMP. The GCCOG
shall report on an annual basis to the Technical Committee the amount of
interest accrued by the CMP account(s).
d) Excess Funds — Any collected funds not spent in any annual period shall
remain in the appropriate account and used for implementation of the CMP or
special studies as directed by the Technical Committee.
Section 10. Independent Contractor.
a) The GCCOG is and shall at all times remain a wholly independent contractor
for performance of the obligations described in this Agreement. The GCCOG
officers, employees and agents performing such obligations shall at all times
be under the GCCOG's exclusive control. The Regulated Entities shall not
have control over the conduct of the GCCOG or any of its officers, employees
or agents, except as set forth in this Agreement. The GCCOG, and its
officers, employees, or agents are not and shall not be deemed to be
employees of the Regulated Entities.
b) No employee benefits shall be available to the GCCOG in connection with the
performance of its obligations under this Agreement. The GCCOG is solely
responsible for the payment of salaries, wages, other compensation,
employment taxes, worker's compensation, or similar taxes for its employees
for performing obligations hereunder.
Section 11. Indemnification.
To the fullest extent permitted by law, the City of Arcadia and the GCCOG
agree to save, indemnify, defend, and hold harmless each other from any and all
liability, claims, suits, actions, arbitration proceedings, administrative
proceedings, and regulatory proceedings, losses, expenses, or any injury or
damage of any kind whatsoever, whether actual, alleged or threatened, attorney
11
fees, court costs, and any other costs of any nature without restriction incurred in
relation to, as a consequence of, or arising out of, the performance of this
Agreement, and attributable to the fault of the other. Following a determination
of the percentage of fault and or liability by agreement between the Parties or a
court of competent jurisdiction, the Party responsible for liability to the other will
indemnify the other Party to this Agreement for the percentage of liability
determined.
Section 12. Termination of Agreement.
Either Party may terminate this Agreement for any reason, in whole or part, by
giving the other Party thirty (30) days written notice thereof. The City of
Arcadia shall be responsible for the allocated costs of CMP activities incurred up
to the date of the termination. GCCOG shall notify in writing all Regulated
Entities within fourteen (14) days of receiving written notice from any Regulated
Entity that intends to terminate this Agreement. The remaining Regulated Entities
shall be responsible for increasing their cost contribution proportionally based
upon the land area as shown in Exhibit A.
Section 15. Miscellaneous.
a) Notices. All notices which any Party is required or desires to give hereunder
shall be in writing and shall be deemed given when delivered personally or
three (3) days after mailing by registered or certified mail (return receipt
requested) to the following address or as such other addresses as the Parties
may from time to time designate by written notice in the aforesaid manner:
To GCCOG: Richard Powers
Executive Director
16401 Paramount Boulevard
Paramount, California 90723
To City of Arcadia
Dominic Lazzaretto
City Manager
240 W. Huntington Dr
Arcadia, CA 91066
5
b) Separate Accounting and Auditing. The GCCOG agrees to establish a separate
account to track the revenues from the Regulated Entities and the expenses from of
the CMP. Quarterly financial statements and the annual audit will be made available
to all of the participating Regulated Entities.
c) Binding Effect. This Agreement shall be binding upon and inure to the benefit of each
Party to this Agreement and their respective heirs, administrators, representatives,
successors and assigns.
d) Amendment. The terms and provisions of this Agreement may not be amended,
modified or waived, except by an instrument in writing signed by the Parties.
e) Waiver. Waiver by any Party to this Agreement of any term, condition, or covenant
of this Agreement shall not constitute a waiver of any other term, condition, or
covenant. Waiver by any Party to any breach of the provisions of this Agreement
shall not constitute a waiver of any other provision, nor a waiver of any subsequent
breach or violation of any provision of this Agreement.
f) Law to Govern; Venue. This Agreement shall be interpreted, construed, and
governed according to the laws of the State of California. In the event of litigation
between the Parties, venue in the state trial courts shall lie exclusively in the County
of Los Angeles.
g) No Presumption in Drafting. The Parties to this Agreement agree that the general
rule that an Agreement is to be interpreted against the Parry drafting it, or causing it
to be prepared shall not apply.
h) Entire Agreement. This Agreement constitutes the entire agreement of the Parties
with respect to the subject matter hereof and supersedes all prior or contemporaneous
agreements, whether written or oral, with respect thereto.
i) Severability. If any term, provision, condition or covenant of this Agreement is
declared or determined by any court of competent jurisdiction to be invalid, void, or
unenforceable, the remaining provisions of this Agreement shall not be affected
thereby and this Agreement shall be read and constructed without the invalid, void, or
unenforceable provision(s).
j) Counterparts. This Agreement may be executed in any number of counterparts, each
of which shall be an original, but all of which taken together shall constitute but one
and the same instrument, provided, however, that such counterparts shall have been
delivered to both Parties to this Agreement.
k) Legal Representation. All Parties have been represented by counsel in the
preparation and negotiation of this Agreement. Accordingly, this Agreement shall be
construed according to its fair language.
31
1) Agency Authorization. Each of the persons signing below on behalf of a Party
represents and warrants that he or she is authorized to sign this Agreement on behalf
of such Party.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed
on their behalf, respectively, as follows:
DATE:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
CITY OF ARCADIA
City Manager
DATE: GATEWAY CITIES
COUNCIL OF GOVERNMENTS
7
Gene Daniels, President
ATTEST:
Richard Powers, Secretary
Los Angeles River Bacteria TMDL Ambient Monitoring Program
EXHIBIT B
Estimated Annual Cost of Monitoring
Prepared by City of Los Angeles - Watershed Protection Division
Subtotal S aR_an ®_fin
Laboratory Analysis
No. Sampling
Cast Per
Sample`'
Total Cast
Events
216
Field Work
Sites
Cast per Site
per Month
per Year
Annual cast.
Grab Sampling:
12
$ 48,000.00
Main Stem (Segments A -E) and Tributaries
16
$ 200.00
$ 3,200.00
12
$ 38,400.00
Subtotal S aR_an ®_fin
Laboratory Analysis
No. Samples
(peryr)`
Cast Per
Sample`'
Annual cast
E. soli OdexxColifert chromogenic substrate method)
216
$ 44.87
1 $ 9,691.92
Subtotal $ 9,691.92
Equipment & Supplies
Annual Cost
Miscellaneous Consumables
$ 2,000.00
Sterile Bottles and preservative
$ 500.00
Subtotal S 2.500.00
Program Management
I Annual Cast
Supervision, Coordination w/ Lab, Data Management, Reporting, etc. (recurring costs)
1 $ 20,000.00
Subtotal $ 20,000.00
As Reauired by MS -4 Permit
Water Quality Measurements"
First Year Cost only
Monitoring Plan and Quality Assurance Plan Development (one time cost)
$ 15,000.00
Reporting Template Set up (one time cost)
(Ph; Temp, DO, Conductivity) 16
$ 50.00
$ 800.00
12
$ 9,600.00
Flow Measurements 16
$ 250.00
$ 4,000.00
12
$ 48,000.00
Total Annual Cost 128,191.92
Program Management
First Year Cost only
Monitoring Plan and Quality Assurance Plan Development (one time cost)
$ 15,000.00
Reporting Template Set up (one time cost)
$ 5,000.00
Total One Time Program Cost 1 $ 20,000.00
Footnotes.
The TMDL does not require water quality measurements (pH, temperature, Dissolved 02, conductivity); cost is optional depending on
Stakeholders' preference.
a The TMDL does not explicitly require Flow Measurements; however, Flow Measurements would be necessary to calculate bacteria
loads for each of the River segments and Tributaries.
` The number of samples per year includes a Field Blank and Field Duplicate for each sample event.
°Tie cost per sample could increase if the min /max reporting limits need to be expanded. For example, two Idexx test kits would be
needed (per sample) to quantify bacteria concentrations between 1 MPN /100 mL and 2.4 Million MPN /100 mL.
LAR Sacterio TMDL Ambient Monitoring - Draft Cost Estimate Revised 072312.xfs
EXHIBIT C
Year I Cosi-s
Bacteria TMDL
Area in Square
Miles
Distribution
Base Rate
($)
Allocation on
Square Miles ($)
Total Rate
Alhambra
7.6
0.013004471
864.86
1,664.57
2,529.44
Arcadia
10.93
0.018702482
864.86
2,393.92
3,258.78
Bell
2.74
0.004688454
864.86
600.12
1464.99
Bell Gardens
2.48
0.004243564
864.86
543.18
1,408,04
Bradbury
1,4
0,002395560
864.86
306.63
1,171.50
Burbank
17.35
0.029687838
864.86
3,800.04
4,664.91
Caltrans*
11.24
0.000000000
0,00
0.00
0.00
Calabasas*
5,58
0.000000000
0.00
0.00
0.00
Carson
0.88
0,001505781
864.86
192,74
1,057.60
Commerce
6,56
0.011224912
864.86
1,436.79
2,301.65
Compton*
8.6
0.000000000
0.00
0,00
0.00
Cudahy
1.12
0.001916448
864.86
245.31
1,110.17
Downey
5.66
0.009684909
864.86
1,239.67
2,104.53
Duarte
2.3
0.003935564
864.86
503.75
1,368.62
El Monte*
6.97
0.000000000
0.00
0.00
0.00
Glendale
30,62
0.052394328
864.86
6,706.47
7,571.34
Hidden Hills
1.57
0.002686450
864.86
343.87
1,208.73
Huntington Park
103
0.005184677
864,86
663.64
1,528.50
Irwindale
1.89
0.003234007
864.86
413.95
1,278.82
La Canada Flintridge
8,57
0.0146642S2
864.86
1,877.02
2,741.89
Lakewood
0.0844
0.000144418
864.86
18.49
883.35
Long Beach
16.66
0.028507169
864.86
3,648.92
4,513,78
City of Los Angeles
281.44
0,481576087
864.86
61,641,74
62,506.60
Lynwood
4.85
0,008298906
864.86
1,062.26
1,927.12
Maywood*
1.18
0.000000000
0,00
0.00
0.00
Monrovia
10.34
0.017692925
86486
2,264.69
Montebello
8.36
0.014304918
--
864.86
1,831.03
---.3,129.56
2,695.89
Monterey Park
7.66
....... ... --,
0.013107138
864.86
1,677,71
2,542.58
Paramount
4.34
0,007426237
864.86
950,56
1,815.42
Pasadena
22.7
0.038842301
864.86
4,971.81
5,836.68
Pico Rivera
Rosemead
3.12
5.14
0.005338677
0.008795129
864.86
864.86
683.35
1,125.78
1,548,22
1,990.64
San Fernando
2.41
0.004123786
864.86
527.84
1,392.71
San Gabriel
4.12
0.007049792
864.86
90237
1,767.24
Sam Marino
3.76
0.006433791
864.86
823,53
1,688.39
Sierra Madre
2.99
0,005116233
864.86
654.88
1,51934
Signal Hill
South El Monte* A
1.13
2.09
0.001933559
0,000000000
864.86
0,00
247.50
0.00
1,112,36
0.00
South Gate
South Pasadena
7.48
3.43
0.012799137
0.005869123
86486
864.86
1,638.29
751,25
2,503,15
1,616.11
Temple City
4.01
0.006861569
864.86
878.28
1,74115
Vernon
5.08
0.008692462
864.86
1,112,64
1,977.50
Unincorporated LA County Areas
80,61
mm 0.137932946
864.86
1.7,655.42
18,520,28
Fetal
584,41441
............ 71 �]
001
128,000,00
160,000.00
* indicates no response or non-part[cipation