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HomeMy WebLinkAboutItem 2d: Memorandum of Agreement with the Gateway Cities Council of Government.GNLiFOR�,r9"y� f' AYRUSI i, IY03 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