14-J
TO:Honorable Mayor and Members of the City Council
ATTENTION:Ryan Smoot, City Manager
FROM:Len Gorecki, Assistant City Manager/Director of Public Works Sarah Ho, Public Works Manager
SUBJECT:Consideration and possible action to authorize the City Manager to execute Amendment No. 1 to Memorandum of Understanding File No. 20.1, in a form approved by the City Attorney, with Gateway Region Integrated Regional Water Management Joint Powers Authority, to extend the term for administration and cost sharing for the implementation of the coordinated compliance, monitoring, and reporting plan for the Dominguez Channel and Los Angeles and Long Beach Harbors waters toxic pollutants total maximum daily loads.
Date:June 10, 2024
EXECUTIVE SUMMARY
This action would authorize the City Manager to execute an amendment to the previously approved Memorandum of Understanding (MOU) with the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority (GWMA) for administration and cost sharing for the implementation of the coordinated compliance, monitoring, and reporting plan for the Dominguez Channel and Los Angeles and Long Beach Harbors Waters Toxic Pollutants Total Maximum Daily Loads (Harbor Toxic TMDL). This amendment would extend the term of the MOU for five years and allow for an increase to the annual cost allocation.
RECOMMENDATION TO CITY COUNCIL
1) Authorize the City Manager to execute Amendment No. 1 to Memorandum of Understanding File No. 20.1, in a form approved by the City Attorney; or 2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
Annual cost per the terms of the amendment are $34,908. Funds for this program are budgeted under Account No. 320-41200-6020 (Measure W – Safe Clean Water Program Funds).
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Staff Report – Amendment No. 1 to AFN 20.1
June 10, 2024
DISCUSSION
On May 5, 2011, the Los Angeles Regional Water Quality Control Board (Regional Board) adopted the Harbors Toxics TMDL, which named the City of Bellflower as a responsible party. On March 23, 2012, the TMDL was subsequently approved by the U.S.
Environmental Protection Agency (EPA).
The Harbors Toxics TMDL established numerical discharge limits for a wide variety of pollutants, including metals such as copper, lead, zinc, and other organic compounds such as DDT and PCB which are generally referred to as “toxics.” Bellflower was included as a responsible party because the City’s stormwater and urban runoff drains into the Los Angeles and Long Beach Harbor Waters via the Los Cerritos Channel Watershed. The TMDL required responsible parties to develop and implement a monitoring plan that includes sediment testing, water column testing, and analysis of fish tissues. In order to comply with the requirements of the TMDL, representatives from Bellflower, Lakewood, Long Beach, Los Angeles, Los Angeles County, Paramount, Rancho Palos Verdes, Rolling Hills, Rolling Hills Estates, Signal Hill, and the ports of Los Angeles and Long Beach, worked together as a group with the GWMA to develop a MOU to share the costs of developing and implementing the monitoring plan.
On June 9, 2014, the City Council approved the original Memorandum of Understanding File No. 20 for the above-mentioned services. On February 25, 2019, the City Council approved a new Memorandum of Understanding File No. 20.1 which is set to expire on December 31, 2024. This proposed amendment will extend the terms of this agreement until December 31, 2029, and updates the annual cost allocation for all parties.
Exhibit A of the attached Amendment includes a cost sharing summary. The MOU participants are assessed a share of the permit cost based on each agency’s jurisdictional area, which accounts for 60% of the overall costs, and an equal base cost assessed to all participants, which accounts for 30% of the overall costs. The L.A. County Flood Control District is contributing an amount equal to 10 percent (10%) of the remaining overall costs. This MOU also allows for individual industrial NPDES permittees to participate in the group’s monitoring efforts for a fee of $171,155. The City’s annual contribution has increased under the agreement to a maximum of $34,908 from the previous agreement’s annual contribution of $13,342. The overall increase is based on increases in consultant services costs as well as the reduction of individual industrial permittee participation shown in the cost allocation. While there are currently no individual permittees under agreement to participate at this time, if they elect to participate, then each agency’s annual costs would be reduced equitably. For reference, during the last MOU term, there were seven (7) individual permittees that participated. The updated cost allocation amount will be provided with the invoice typically in June of each year.
ATTACHMENT
Amendment No. 1 to Memorandum of Understanding File No.20.1………………………3 -2-
AMENDMENT NO. 1 TO MEMORANDUM OF UNDERSTANDING
BETWEEN THE LOS ANGELES GATEWAY REGION INTEGRATED REGIONAL
WATER MANAGEMENT JOINT POWERS AUTHORITY
AND
THE CITIES OF BELLFLOWER, LAKEWOOD, LONG BEACH, PARAMOUNT,
RANCHO PALOS VERDES, ROLLING HILLS, ROLLING HILLS ESTATES, SIGNAL
HILL, AND LOS ANGELES, ACTING BY AND THROUGH ITS BOARD OF HARBOR
COMMISSIONERS, THE COUNTY OF LOS ANGELES, LOS ANGELES COUNTY
FLOOD CONTROL DISTRICT, AND THE PORT OF LONG BEACH
FOR
ADMINISTRATION AND COST SHARING FOR THE IMPLEMENTATION OF THE
COORDINATED COMPLIANCE, MONITORING, AND REPORTING PLAN FOR THE
DOMINGUEZ CHANNEL AND LOS ANGELES AND LONG BEACH HARBORS
WATERS TOXIC POLLUTANTS TOTAL MAXIMUM DAILY LOADS
This First Amendment to the Memorandum of Understanding (“MOU”) dated April 15, 2019, by and between the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority (“GWMA”), a California Joint Powers Authority, and the Cities of Bellflower, Lakewood, Long Beach, Paramount, Rancho Palos Verdes, Rolling Hills, Rolling Hills Estates, Signal Hill, and Los Angeles, acting by and through its Board of Harbor Commissioners (“POLA”), the County of Los Angeles, the Los Angeles County Flood Control District (“LACFCD”), and separately the City of Long Beach Harbor Department, acting by and through its Board of Harbor Commissioners (“Port of Long Beach”) is made and entered into as of April 11, 2024 .
RECITALS
WHEREAS, the mission of the GWMA includes the equitable protection and management of water resources within its area; and
WHEREAS, for the purposes of the MOU, the term “Permittees” shall mean the Cities of Bellflower, Lakewood, Long Beach, Paramount, Rancho Palos Verdes, Rolling Hills, Rolling Hills Estates, and Signal Hill, and the County of Los Angeles, the LACFCD, POLA, and the Port of Long Beach; and
WHEREAS, the Permittees and the GWMA are collectively referred to as the “Parties”; and
WHEREAS, the United States Environmental Protection Agency approved the Total Maximum Daily Loads (“TMDL”) for Toxic Pollutants on March 23, 2012, with the intent of protecting and improving water quality in the Dominguez Channel and the Greater Los Angeles and Long Beach Harbor Waters (“Harbor Toxic Pollutants TMDL”); and
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WHEREAS, the Harbor Toxic Pollutants TMDL remains in effect and regulates certain discharges from National Pollutant Discharge Elimination System (“NPDES”) permit holders, requiring organization and cooperation among the Permittees; and WHEREAS, the Permittees manage, drain or convey storm water into at least a portion of the Dominguez Channel, Greater Los Angeles and Long Beach Harbor Waters (including Consolidated Slip) and the Los Angeles River Estuary (“Greater Harbor Waters”); and
WHEREAS, the MOU pertains to those areas tributary to the Greater Harbor Waters; and
WHEREAS, the MOU is currently scheduled to expire on December 31, 2024; and
WHEREAS, the Permittees desire to extend the MOU and continue implementing the Coordinated Compliance, Monitoring, and Reporting Plan (“CCMRP”) for the TMDL to ensure compliance with the TMDL and consistency with other regional monitoring programs and usability with other TMDL related studies; and WHEREAS, the CCMRP was approved by the Los Angeles Regional Water Quality Control Board’s (“Regional Board”) Executive Officer on June 6, 2014; and WHEREAS, implementation of the CCMRP requires administrative and professional coordination services for the Permittees that the GWMA is able and willing to provide; and
WHEREAS, the Permittees collaborate with the GWMA in the implementation of the CCMRP; and
WHEREAS, GWMA has retained a consultant, Anchor QEA, L.L.C. (“Consultant”) to conduct monitoring necessary to implement the CCMRP will be beneficial to the Permittees; and
WHEREAS, the Permittees have requested an extension to the Consultant’s agreement, and authorized GWMA to extend Consultant’s contract and serve as conduit for paying Consultant to continue implementing and conducting the monitoring set forth in the CCMRP.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties do hereby agree as follows:
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Section 1. Recitals. The recitals set forth above are fully incorporated as part of this MOU.
Section 2. Term. Section 6 of the MOU (“Term”) is amended to read as follows:
“Term. The term of this MOU shall commence on the effective date of this Agreement as set forth in the preamble and expire on December 31, 2029, unless terminated earlier pursuant to this MOU.”
Section 3. Monitoring Costs. Exhibit “A” (“Monitoring Costs”) is amended in its entirety and replaced with the version attached to this First Amendment.
Section 4. Notices. Subsection 7(b) of the MOU (“Notices”) is amended to read as follows:
“Notices. All Notices which the Parties require or desire 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 GWMA:
Grace Kast
Executive Officer
Gateway Water Management Authority
16401 Paramount Boulevard
Paramount, CA 90723
To the Permittees:
Len Gorecki
Assistant City Manager/Director of Public Works
City of Bellflower
16600 Civic Center Drive
Bellflower, CA 90706
Kelli Pickler
Director of Public Works
City of Lakewood
5050 Clark Avenue
Lakewood, CA 90712
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Tom Modica
City Manager
City of Long Beach
411 W. Ocean Boulevard
Long Beach, CA 90802
Mario Cordero
Chief Executive Director
Port of Long Beach
415 W. Ocean Boulevard
Long Beach, CA 90802
Lisa Wunder
Acting Director of Environmental Management
Port of Los Angeles on behalf of the City of Los Angeles 425 S. Palos Verdes Street
San Pedro, CA 90713
Adriana Figueroa
Director of Public Works
City of Paramount
16400 Paramount Blvd.
Paramount, CA 90723
Ara Mihranian
City Manager
Rancho Palos Verdes
30940 Hawthorne Blvd
Rancho Palos Verdes, CA 90275
Karina Bañales
City Manager
City of Rolling Hills
2 Portuguese Road
Rolling Hills, CA 90274
David Wahba
Public Works Director
City of Rolling Hills Estates
4045 Palos Verdes Drive North
Rolling Hills Estates, CA 90274
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Carlo Tomaino
City Manager
City of Signal Hill
2175 Cherry Avenue
Signal Hill, CA 90755
Thuan Nguyen
Senior Civil Engineer
County of Los Angeles Department of Public Works
900 S. Fremont Avenue
Alhambra, CA 91803
Fred Gonzalez
Los Angeles County Flood Control District
900 S. Fremont Avenue
Alhambra, CA 91803-1331
Section 5. Except for the changes set forth herein, all other terms and conditions of the MOU shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to the MOU to be executed on their behalf, respectively, as follows:
DATE:_____________, 2024 LOS ANGELES GATEWAY REGION
INTEGRATED REGIONAL WATER
MANAGEMENT JOINT POWERS
AUTHORITY
________________________________
Adriana Figueroa
GWMA Chair
APPROVED AS TO FORM:
______________________________
Nicholas R. Ghirelli
General Counsel
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IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be executed on their behalf, respectively, as follows:
DATE: ______________, 2024 CITY OF BELLFLOWER
_____________________________
Name:________________________
Mayor
ATTEST: APPROVED AS TO FORM:
______________________ ______________________________
Name:_________________ Name:_________________________
City Clerk City Attorney
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IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be executed on their behalf, respectively, as follows:
DATE: __________, 2024 CITY OF LONG BEACH HARBOR
DEPARTMENT, acting by and through its
Board of Harbor Commissioners
________________, 2024 _____________________________
_____________________________
Executive Director
Long Beach Harbor Department
The foregoing document is hereby approved as to form.
Dawn McIntosh, City Attorney
________________, 2024 ______________________________
______________________________
Deputy City Attorney
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IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be executed on their behalf, respectively, as follows:
DATE: __________, 2024 CITY OF LAKEWOOD
_______________________________
Name:__________________________
Mayor
ATTEST: APPROVED AS TO FORM:
______________________ ______________________________
Name:_________________ Name:_________________________
City Clerk City Attorney
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IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be executed on their behalf, respectively, as follows:
DATE: _____________, 2024 CITY OF LONG BEACH
______________________________
Name:_________________________
City Manager
ATTEST:
_____________________
Name:________________
City Clerk
The foregoing document is hereby approved as to form.
Dawn McIntosh, City Attorney
________________, 2024 ______________________________
Name:_________________________
Deputy City Attorney
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IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be executed on their behalf, respectively, as follows:
DATE: __________, 2024 CITY OF LOS ANGELES, by its Board of Harbor Commissioners
_____________________________
Name:________________________
Executive Director
ATTEST: APPROVED AS TO FORM AND LEGALITY:
_________________________ ________________________________, 2024 Hydee Feldstein Soto, City Attorney
Name:____________________
Board Secretary
_____________, General Counsel
By: ___________________________
Name:______________________
Deputy City Attorney
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IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be executed on their behalf, respectively, as follows:
DATE: __________, 2024 CITY OF PARAMOUNT
________________________________
Name:___________________________
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________ ______________________________
Name:________________ Name:_________________________
City Clerk City Attorney
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IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be executed on their behalf, respectively, as follows:
DATE: _________, 2024 CITY OF RANCHO PALOS VERDES
_______________________________
Name:__________________________
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________ ______________________________
Name:________________ Name:_________________________
City Clerk City Attorney
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IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be executed on their behalf, respectively, as follows:
DATE: __________, 2024 CITY OF ROLLING HILLS
_______________________________
Name:__________________________
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________ ______________________________
Name:________________ Name:_________________________
City Clerk City Attorney
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IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be executed on their behalf, respectively, as follows:
DATE: __________, 2024 CITY OF ROLLING HILLS ESTATES
_______________________________
Name:__________________________
Mayor
ATTEST: APPROVED AS TO FORM:
______________________ ______________________________
Name:_________________ Name:_________________________
City Clerk City Attorney
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IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be executed on their behalf, respectively, as follows:
DATE: __________, 2024 CITY OF SIGNAL HILL
________________________________
Name:___________________________
Title:_____________________________
ATTEST: APPROVED AS TO FORM:
_____________________ ______________________________
Name:________________ Name:_________________________
City Clerk City Attorney
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IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be executed on their behalf, respectively, as follows:
DATE: __________, 2024 COUNTY OF LOS ANGELES
________________________________
Name:___________________________
Director of Public Works
APPROVED AS TO FORM:
______________________________
Name:_________________________
County Counsel
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IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be executed on their behalf, respectively, as follows:
DATE: _____________ LOS ANGELES COUNTY FLOOD
CONTROL DISTRICT
County of Los Angeles
Department of Public Works
Watershed Management Division, 11th Fl.
900 South Fremont Avenue
Alhambra, CA 91803-1331
By: _______________________________
Name:__________________________
Chief Engineer
APPROVED AS TO FORM:
County Counsel
________________________________
Name:___________________________
Associate
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Exhibit “A”
Monitoring Costs
ⴲ〭
Contribution 10%
Beach
0f Beac h
and Port of LOS
ho Palos Verdes
Hills Estate
Hill
I'III'NI’ Toxic Downstream Cost SMI’
Cost Share FY2024-2025 b FY2028-2029 (5 years)
AM rm
Monibring GWMA Dire?! Total Base lndired Admin
005! per and Indirect Annual Cost per Fe for Farm!
Pennit Admin per Payment per Permit Holder Holder for 5 Total cost per 01h: NPDES Pen-nit Holder Holder Permit Holder Permit Holder for 5 Years Years Permit Holder“ Individual or General N PDES Permit Holders $29,766 $4,465 $34,231 $143,830 $22,325 $171,155 Total all“
c—osts Pomotivity
Cost
FY2405-
Activity 2024-25 2025-26 2026-27 2027-28 2028-3 FY28-Z
Base Fee+Basin Plan Amendmentm $417,500 $003,500 $551,500 $350,000 $936,500 $2,961,000 * Moniton'ng costs will vary from yearto year however costs will be averaged over the 5 year monilon'ng program, The average amount will be invoiced yearly. ” The GWMA administration cost is B follows: Direct annin fee iS 0—556 tor GWMA members and 55-10% for non-members. Indilect admin tee is 2-536 for non-members. "*“ Amounts shown are from Anchor QEA's Nov 2023 Proposal Pennittee costs will beadjusted based on the number of individual NPDES permitees that participate.
Maxim ll'll
An nud CG!
Agencies (woo split) 11
LACFCD (10% split)
Total 12
cost Slime alumnu- ‘-
Base COST1r 30% Area cost am; LACFCD contribution 1m; Total 1005 his I Years 5
GWMA members admin fee floor 0% GWMA members admin fee ceilirlq 5% GWMA non-members admin tee floor 7%
GWMA nonmembers admin fee ceiling 1516
Private mtor penntttees 0
l-Irlror Toxic 0m cost Mule
all: Inn-s
Agencies (30/60 split) 11
lACFCD (10% split) 1
Contribution 10% Total 12
Beac h
of Beac h
ho P305 Verdes
H ills Estate _ RIB
H ill , Years
GWMA members admin fee rloor
GWMA members admin tee ceililg iassgl GWMA non-members admin fee floor cost Share FY2024-2025 b FY2028-2029 (5 years) GWMA non—members admln fee celllng AM Im
Monibring GWMA Direct Total Base Indirea Admin
Cost per and Indirect Annual (:05 per Fee for Permit
Permit Admin per Payment per Permit Holder Holder for 5 Trial Cod pt '01!!! “PDES Fermi Hulda Holder Permit Holder Permit Holdc for 5 Yurs Years Permit Holder“ llndividual or Genera N PDES Permit Holders $29,766 $4,465 $34,231 $148,830 822.325 3171.165 Privae sector pennittees 0
Total | | m
m
Cost
FM-
Aflvfly $24-25 2025-26 2026-27 2027-28 2028-8 FYza-E
Base Fee+Basin Plan Amendment‘" $417,500 $803,500 $651,500 $350,000 $935,500 $2,967,000 ‘ Monibn'ng costs will vary from yearto year however costs will be averaged over lhe 5 yea monitoring program The average amoum will be invoiced yeany. "* The GWMA administration cost is 3 follows: Direct adnin fee is 0-5% for GWMA members and 5-1056 for non-members. Indirect admin lee ls 2-556 for non-members. "‘ Amounts shown are from Anchor QEA's Nov 2023 Proposal Penniltee costs will be adjusted based on the number of indvidual NPDES pennllees thd participate