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HomeMy WebLinkAboutItem 11i - Rio Hondo-San Gabriel River Watershed Management JPA PaymentRio Hondo/San Gabriel River Watershed Management JPA Payment May 7, 2024 Page 1 of 5 DATE: May 7, 2024 TO: Honorable Mayor and City Council FROM: Paul Cranmer, Public Works Services Director By: Briget Arndell, Environmental Services Manager Janessa Kalanjian, Management Analyst SUBJECT: AUTHORIZE PAYMENT OF THE ANNUAL COORDINATED INTEGRATED MONITORING PROGRAM COST SHARE IN THE AMOUNT OF $220,828.96 TO THE RIO HONDO/SAN GABRIEL RIVER WATERSHED MANAGEMENT JOINT POWERS AUTHORITY CEQA: Not a Project Recommendation: Approve SUMMARY To meet state mandated stormwater requirements, the City of Arcadia is a member of the Rio Hondo/San Gabriel River Watershed Management Joint Powers Authority (“JPA”). The formation of a JPA has alleviated regional funding complexities and acts as a management mechanism to provide liability protections to the participating cities. The JPA manages the Professional Services Agreement (“PSA”) with CWE, Inc. for the continued implementation of the Coordinated Integrated Monitoring Program (“CIMP”) Plan, which was previously managed by the City of Arcadia. The CIMP provides for a series of testing along the watershed to track water quality throughout the JPA area. The City of Arcadia will pay its portion of the annual cost share for implementation of the CIMP directly to the JPA. It is recommended that the City Council authorize payment of the annual Coordinated Integrated Monitoring Program cost share in the amount of $220,828.96 to the Rio Hondo/San Gabriel River Watershed Management Joint Powers Authority. BACKGROUND The National Pollutant Discharge Elimination System Municipal Separate Storm Sewer System Permit (“MS4 Permit”, Order No. R4-2012-0175) establishes waste discharge requirements for stormwater and non-stormwater discharges within the watersheds of Los Angeles County. The MS4 Permit was adopted by the California Regional Water Quality Control Board, Los Angeles Region (“Regional Board”), on November 8, 2012, Rio Hondo/San Gabriel River Watershed Management JPA Payment May 7, 2024 Page 2 of 5 and became effective on December 28, 2012. The MS4 Permit includes provisions that allow permittees the flexibility to customize their stormwater programs to achieve compliance over time, through the development of an Enhanced Watershed Management Program (“EWMP”) on a watershed scale utilizing customized strategies, control measures, and Best Management Practices (BMPs) to improve water quality. In 2013, the Cities of Arcadia, Azusa, Bradbury, Duarte, Monrovia, and Sierra Madre, along with the County of Los Angeles and Los Angeles County Flood Control District, formed the Rio Hondo/San Gabriel River Water Quality Group to fulfil the requirements of the Los Angeles County MS4 Permit. The Group included an Oversight Committee comprised of City Managers and/or their designated staff to represent each city. A Memorandum of Understanding (“MOU”) was executed by all agencies for cost sharing and the development of the EWMP and CIMP for the Rio Hondo/San Gabriel River watersheds. In July 2014, these plans were submitted to the Regional Board for approval. On June 29, 2015, the CIMP was approved. The City of Arcadia took the lead in administering and managing the contract for implementation of the CIMP program. In December 2014, the Arcadia City Council approved a three-year contract with two, one-year optional extensions to CWE for management of the project, which expired in December 2020. On January 19, 2021, the City Council awarded a five-year PSA with CWE, Inc. for the continued implementation of the CIMP Plan for the Rio Hondo/San Gabriel Water Quality Group and executed a MOU with the cities of Bradbury, Duarte, Monrovia, and Sierra Madre, the County of Los Angeles, and the Los Angeles County Flood Control District, to aid in the administration, implementation, and cost sharing of the Agreement. The City of Azusa was a party to the original CIMP contract in 2014; however, the City of Azusa declined to participate in the new contract. Under prior agreements, the City of Arcadia has served as the lead agency in administering and managing contracts at no cost to the participating agencies. Unlike the previous contracts, it was agreed that a Program Project Administration Fee of 5% would be charged to the Group to reimburse the City of Arcadia for contract administration. This administration fee was $148,034 over the five-year contract period. In April 2022, the City Council approved an amendment to the agreement with CWE, Inc. to include additional requirements due to new stormwater permit requirements. Table 1 below shows the current total cost, including original PSA amount, the change order cost reimbursing the City of Monrovia for grant preparation, and the overall administration fee for each of the participating agencies for Fiscal Years 2021-2025. Rio Hondo/San Gabriel River Watershed Management JPA Payment May 7, 2024 Page 3 of 5 Table 1. Cost Allocation Formula for Fiscal Years 2021-2025 (includes original PSA amount, City of Monrovia, Administration Fee (5%) and Change Order) Agencies Acres Percent of Area Base Fee (10%) Cost based on Acres (90%) Total Cost City of Arcadia 11 34.16% $54,240.94 $1,000,593.73 $1,054,834.67 City of Bradbury 1.9 5.90% $54,240.94 $172,829.83 $227,070.77 City of Duarte 3.6 11.18% $54,240.94 $327,467.04 $381,707.98 City of Monrovia 8 24.84% $54,240.94 $727,704.53 $781,945.47 City of Sierra Madre 2.8 8.70% $54,240.94 $254,696.59 $308,937.53 County of Los Angeles 4.9 15.22% $54,240.94 $445,719.03 $499,959.96 Los Angeles County Flood Control District - - $167,446.13 Total 32.2 100% $325,445.64 $2,929,010.74 $3,421,902.50 For years, the Group contemplated the formulation of a JPA to meet stormwater requirements. However, discussions did not materialize until the Group’s Encanto Park Regional Project was recently funded through the County of Los Angeles’ Safe Clean Water (Measure W) program. The funding of this Regional Project brought to the forefront several complexities associated with the current structure of how the Group operates together to meet requirements. The Joint Exercise Powers Act (Government Code Section 6500, et seq.) allows two or more agencies to create another legal entity or establish a joint approach to work on a common problem, fund a project, or act as a representative body for a specific activity. On May 17, 2022, the City Council authorized the Arcadia to participate in a Joint Exercise of Powers Agreement with the cities of Bradbury, Duarte, Monrovia, and Sierra Madre to create the Rio Hondo/San Gabriel River Watershed Management Joint Powers Authority. The JPA acts as the central hub for operational, administrative, and financial activities on behalf of the Group. In addition, it allows the Group to exercise common powers such as approving and awarding contracts; acquiring, constructing, managing, and conducting maintenance and operations for any building, structure, or capital improvement project; Rio Hondo/San Gabriel River Watershed Management JPA Payment May 7, 2024 Page 4 of 5 seeking grants and other financial aid; obtaining insurance, participating in legislative advocacy, and conducting outreach. Due to policy limitations, the County of Los Angeles, and the Los Angeles County Flood Control District cannot be a participant in the JPA; however, both entities continue to enter into project-specific cost-share agreements with the JPA. DISCUSSION One of the first tasks for the JPA was to select a firm to oversee management of the JPA, including the existing contract with CWE, Inc. for the CIMP program. In May 2023, the JPA entered into a contract with KOA Consulting, Inc. ("KOA”) for management of the JPA and project management of the existing agreement with CWE, Inc. With the creation of the JPA, Arcadia no longer oversees the agreement and no longer pays CWE, Inc. directly. Furthermore, since Arcadia no longer manages the agreement, the 5% Program Project Administration Fee is no longer applicable, and all participating agencies pay their portion directly to the JPA, including Arcadia. The City of Arcadia’s cost share amount for the CIMP Program for Fiscal Year 2023-24 is $220,828.96. This is the amount the City agreed to pay as a member of the original MOU. It is recommended that the City Council authorize this payment. ENVIRONMENTAL ANALYSIS The proposed action of authorizing a payment to the JPA does not constitute a project under the California Environmental Quality Act (“CEQA”), as it can be seen with certainty that it will have no impact on the environment. Any environmental reviews that might be necessary would be overseen by the JPA, acting as lead agency for all efforts of the JPA. FISCAL IMPACT The City of Arcadia’s cost share amount for the CIMP Program for Fiscal Year 2023-24 is $220,828.96. Funds in the amount of $221,000 are budgeted in the Fiscal Year 2023- 24 Capital Improvement Program (“CIP”) for the CIMP Program. The City of Arcadia is expected to receive approximately $1,015,000 in local return from the Safe Clean Water Program (Measure W) annually and these funds have been allocated in the CIP for this contract; no General Fund monies will be utilized. RECOMMENDATION It is recommended the City Council determine that this action does not constitute a project under the California Environmental Quality Act (“CEQA”); and authorize payment of the Annual Coordinated Integrated Monitoring Program cost share in the amount of $220,828.96 to the Rio Hondo/San Gabriel River Watershed Management Joint Powers Authority. Rio Hondo/San Gabriel River Watershed Management JPA Payment May 7, 2024 Page 5 of 5 Attachment: Annual Coordinated Integrated Monitoring Program Cost Share Invoice INVOICE DATE: January 12, 2024 INVOICE NO.: 24-CIMP-01 PAYMENT IS DUE UPON RECEIPT To: City of Arcadia Attn: Dominic Lazaretto Rio Hondo/San Gabriel River Watershed Management Authority Annual Coordinated Integrated Monitoring Program Cost Share As Outlined Per Exhibit A and B of the MOA Fiscal Year 2023-2024 Description Amount Annual Cost Allocation for Required Services (2021-2025) $191,443.04 Annual Cost Allocation For Preparation of Measure W Regional Application (2021-2025) $4,730.86 Annual Cost for Approved Added Services (Semi-Annual Progress Reports, Toxicity Sensitivity Screening, Cultural Resources Assessment) (2023-2025) $24,655.07 Total Due $220,828.96 Please remit payment to: (via ACH) Wells Fargo Account Name: RHSGR Checking Routing Number: 121000248 Account Number: 4831818000 - or - (via check) Rio Hondo/San Gabriel River WMA Attn: Koa Consulting, Inc. 419 Main Street, No. 320 Huntington Beach, CA 92648 Table 1: Cost for Original Required Services Scope of Work Items Years 1-3 Year 4 Year 5 Total Project Management, Coordination, Meetings 66,099.00$ 14,474.00$ 14,474.00$ 95,047.00$ CIMP Requirements 1,205,621.00$ 299,176.00$ 299,242.00$ 1,804,039.00$ Health and Safety Plan 11,066.00$ 4,404.00$ 4,404.00$ 19,874.00$ Data Management and Reporting Methodology 29,304.00$ 9,768.00$ 9,768.00$ 48,840.00$ Laboratory Analysis 183,419.00$ 60,325.00$ 60,325.00$ 304,069.00$ Reports 211,740.00$ 70,580.00$ 70,580.00$ 352,900.00$ Field Logs and Site Assesment Photos 35,838.00$ 11,946.00$ 11,946.00$ 59,730.00$ CIMP Revision 73,952.00$ 73,952.00$ Procurement and Installation of Monitoring Equipment 202,224.00$ 202,224.00$ 2,960,675.00$ 296,067.50$ 3,256,742.50$ Table 2a: Costs Allocation for Required Services Cost Formula: A. 10% Base Fee = [(Total Consultant costs - LACFD 5% Contribution) x 10%)/6 parties] B. 90% Land Use = [(Total Consultant costs - LACFD 5% Contribution) x 90%] x Percentage of total land area (not including Angeles Forest ) Consultant cost + 5% program project admin fee =$3,108,708.75 Agency Acres (Developed Land sq.mi)Percent of Area Base Fee (1/6th of 10%)Land Use (90%)Subtotal Annual costs 2021-2025 City of Arcadia 11 34.16%$49,221.22 $907,993.97 $957,215.19 191,443$ City of Bradbury 1.9 5.90%$49,221.22 $156,835.32 $206,056.54 41,211$ City of Duarte 3.6 11.18%$49,221.22 $297,161.66 $346,382.88 69,277$ City of Monrovia 8 24.84%$49,221.22 $660,359.25 $709,580.47 141,916$ City of Sierra Madre 2.8 8.70%$49,221.22 $231,125.74 $280,346.96 56,069$ County of Los Angeles 4.9 15.22%$49,221.22 $404,470.04 $453,691.26 90,738$ LACFCD (5% Contribution) ----$155,435.44 31,087$ TOTAL 32.2 100 $295,327.33 $2,657,945.98 $3,108,708.75 621,742$ Table 2b: Costs Allocation For Preparation of Measure W Regional Application Preparation Costs for Measure W Regional Application $72,980.00 Agency Acres (Developed Land sq.mi)Percent of Area Base Fee (1/6th of 10%)Land Use (90%)Subtotal Annual costs 2021-2025 City of Arcadia 11 34.16%$1,216.33 $22,437.95 $23,654.28 4,731$ City of Bradbury 1.9 5.90%$1,216.33 $3,875.65 $5,091.98 1,018$ City of Duarte 3.6 11.18%$1,216.33 $7,343.33 $8,559.66 1,712$ City of Monrovia*8 24.84%$1,216.33 $16,318.51 $17,534.84 3,507$ City of Sierra Madre 2.8 8.70%$1,216.33 $5,711.48 $6,927.81 1,386$ County of Los Angeles 4.9 15.22%$1,216.33 $9,995.09 $11,211.42 2,242$ TOTAL 32.2 100 $7,298.00 $65,682.00 $72,980.00 14,596$ * NOTE: Monrovia to receive credit $55,445.16 Table 2c: Costs for Approved Added Services (Semi-Annual Progress Reports, Toxicity Sensitivity Screening, Cultural Resources Assesment) Costs to be added to Years 2023-2025 Consultant Costs for Additional Services + 5% Admin Fee $240,213.75 Agency Acres (Developed Land sq.mi)Percent of Area Base Fee (1/6th of 10%)Land Use (90%)Subtotal Annual costs 2023-2025 City of Arcadia 11 34.16%$3,803.38 $70,161.81 $73,965.20 24,655$ City of Bradbury 1.9 5.90%$3,803.38 $12,118.86 $15,922.24 5,307$ City of Duarte 3.6 11.18%$3,803.38 $22,962.05 $26,765.43 8,922$ City of Monrovia 8 24.84%$3,803.38 $51,026.77 $54,830.16 18,277$ City of Sierra Madre 2.8 8.70%$3,803.38 $17,859.37 $21,662.75 7,221$ County of Los Angeles 4.9 15.22%$3,803.38 $31,253.90 $35,057.28 11,686$ LACFCD (5% Contribution) $12,010.69 4,004$ TOTAL 32.2 100 $22,820.31 $205,382.76 $240,213.75 80,071$ Table 3: Annual Invoice Schedule Agency January 2021 January 2022 January 2023 January 2024 January 2025 City of Arcadia 196,173.89$ 196,173.89$ 220,828.96$ 220,828.96$ 220,828.96$ City of Bradbury 42,229.70$ 42,229.70$ 47,537.12$ 47,537.12$ 47,537.12$ City of Duarte 70,988.51$ 70,988.51$ 79,910.32$ 79,910.32$ 79,910.32$ City of Monrovia*89,977.90$ 145,423.06$ 163,699.78$ 163,699.78$ 163,699.78$ City of Sierra Madre 57,454.95$ 57,454.95$ 64,675.87$ 64,675.87$ 64,675.87$ County of Los Angeles 92,980.54$ 92,980.54$ 104,666.30$ 104,666.30$ 104,666.30$ LACFCD (5% Contribution) 31,087.09$ 31,087.09$ 35,090.65$ 35,090.65$ 35,090.65$ TOTAL 580,892.59$ 636,337.75$ 716,409.00$ 716,409.00$ 716,409.00$ * Monrovia received a credit of $55,445.16 that ws applied against $145,423.06 for the 2021 invoice Contract Amount Plus 10% Contingency Contingency (10%) Total Contract Amount