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TO:Honorable Mayor and Members of the City Council
ATTENTION: Ryan Smoot, City Manager
FROM:Len Gorecki, Assistant City Manager/Director of Public Works SUBJECT: Consideration and possible action to authorize the City Manager to execute Addendum No. 3 to Transfer Agreement No. 2020RPLSGR02 (Agreement File No. 887), in a form approved by the City Attorney, with the Los Angeles County Flood Control District for the Safe, Clean Water Program – Regional Program Funds.
DATE:September 9, 2024
EXECUTIVE SUMMARY
This action would authorize the City Manager to execute Addendum No. 3 to the fund transfer agreement (Agreement File No. 887) with the Los Angeles County Flood Control District (the District) for the Safe, Clean Water Program (SCWP) Regional Program funds. The City of Bellflower applied for SCWP Regional Program funds and was approved for five years of operations, maintenance, and monitoring of the Caruthers Park Stormwater and Urban Runoff Capture Project (the “Project”). Addendum No. 3 provides funds for year four.
RECOMMENDATION TO CITY COUNCIL
1) Authorize the City Manager to execute Addendum No. 3 to Agreement File No. 887, in a form approved by the City Attorney; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
There will be no impact to the City’s General Fund. The City will receive $177,000 in SCWP Regional Program funds for FY 2023/2024 for the operations, maintenance, and monitoring of the Project.
DISCUSSION
On November 6, 2018, Measure W was successfully passed by Los Angeles County voters, which created the SCWP. The SCWP provides local, dedicated funding for stormwater and urban runoff programs and projects to increase local water supply, improve water quality, and protect public health.
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Staff Report – Addendum No. 3 to Agreement File No. 887 September 9, 2024
DISCUSSION – Continued
The City of Bellflower is in the Lower San Gabriel River Watershed Area (LSGRWA) under the SCWP. The LSGRWA is estimated to receive up to $16.7 million annually to fund regional projects and programs. Regional Program funds for the LSGRWA are programmed by the LSGRWA Steering Committee comprised of local stakeholders from agencies, municipalities, and community members from within the LSGRWA. The Steering Committee meets regularly to develop funding plans and recommendations to provide water quality, water supply, and community enhancement benefits to the region.
The City applied for SCWP Regional Program funds for the operations, maintenance, and monitoring of the Project and was approved for five years of regional funding.
On January 11, 2021, the City approved Agreement File No. 887 between the City and the District, which allows for the transfer of Regional Program funds to the City. The FY 2020/2021 allocation was received after execution of Agreement File No. 887 and the four subsequent fiscal year allocations will be received after execution of Addendums to Agreement File No. 887. The City is anticipating the following allocations:
FY 2020/2021: $147,000 (received)
FY 2021/2022: $177,000 (received)
FY 2022/2023: $177,000 (received)
FY 2023/2024: $177,000
FY 2024/2025: $177,000
Following receipt of the signed Addendum No. 3 by the District, the District will disburse the FY 2023/2024 allocation to the City within 45 days.
ATTACHMENT
Addendum No. 3 to Agreement File No. 887 ........................................................................ 3 -2-
ADDENDUM NO. 3 TO
TRANSFER AGREEMENT NO. 2020RPLSGR02 BETWEEN
THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
AND
City of Bellflower
SAFE, CLEAN WATER PROGRAM – REGIONAL PROGRAM
This Addendum No. 3 to Transfer Agreement No. 2020RPLSGR02, hereinafter referred to as “Addendum No. 3”, is entered into as of _______________ (LACFCD Use Only) by and between the Los Angeles County Flood Control District, hereinafter referred to as "D i strict," and City of Bellflower for Caruthers Park, hereinafter referred to as "Recipient."
WHEREAS, District and Recipient entered into Transfer Agreement No. 2020RPLSGR02, hereinafter referred to as "Agreement", pertaining generally to the transfer of a SCW Program Contribution (as therein defined) from District to Recipient for the implementation by Recipi ent of a Funded Activity (as therein defined) to increase stormwater and/or urban runoff capture and/or reduce stormwater and/or urban runoff pollution, on N/A ; WHEREAS, the Agreement provides for the disbursement of the SCW Program Contri bution for the 23-24 Fiscal Year (as therein defined), and further provides that i f the Funded Activity is included in a duly approved Stormwater Investment Plan (as therein defined) for a subsequent Fi scal Year, the parties shall enter into an addendum to the Agreement regarding the disbursement of the SCW Program Contribution for that subsequent Fiscal Year; WHEREAS, the Funded Activity has been i ncluded in a duly approved Stormwater Investment Plan for Fiscal Year 23- 24;
NOW, THEREFORE, in consideration of the promises, mutual representations, covenants and agreements in this Agreement, the District and the Reci pient, each binding itself, its successors and assi gns, do mutually promise, covenant, and agree as follows:
1.The definitions set forth in Secti ons 16.03 and 18.02 of the Los Angeles County Flood Control District Code together with the definitions set forth in the Agreement shall apply to this Addendum No. 3.
2.The District shall disburse the SC W Program Contribution for the 23-24 Fiscal Year as described in the Budget Plan within forty-five (45) days of the executi on of this Addendum by the last party to sign.
3.All terms and conditions of the Agreement shall remain in full force and effect, including, but not limited to the following provisions related to compli ance with the California Environmental Quality Act (CEQA):
Regional Program
Agreement No.2020RPLSGR02
Execution of Agreement
This Agreement may be executed si multaneously or in any number of counterparts, including both counterparts that are executed manually on paper and counterparts that are in the form of electronic records and are executed electronically, whether digital or encrypted, each of whi ch shall be deemed an original and together shall constitute one and the same instrument.
The District and the Recipient hereby agree to regard facsimile/electronic representati ons of ori ginal signatures of authorized officers of each party, when appeari ng in appropriate places on this Agreement and on any addenda or amendments thereto, delivered or sent vi a facsi mile or electronic mail or other electroni c means, as legally sufficient evidence that such original signatures have been affixed to this Agreement and any addenda or amendments thereto such that the parties need not follow up facsimi le/electronic transmissions of such documents wi th subsequent (non- facsimile/electronic) transmission of “ori ginal” versions of such documents.
Further, the District and the Recipient: (i) agree that an electronic signature of any party may be used to authenticate this Agreement or any addenda or amendment thereto, and i f used, will have the same force and effect as a manual signature; (i i ) acknowledge that if an electronic signature is used, the other party will rely on such signature as binding the party using such si gnature, and (iii) hereby waive any defenses to the enforcement of the terms of this agreement based on the foregoi ng forms of signature.
Regional Program
Agreement No.2020RPLSGR02
IN WITNESS WHEREOF, this Addendum No. 3 has been executed by the parties hereto.
Lower San Gabriel River
C i ty of Bellflower
C aruthers Park
By: ____________________________________
Name:
Title:
D ate: __________________________________
Regional Program
Agreement No.2020RPLSGR02
IN WITNESS WHEREOF, this Addendum No. 3 has been executed by the parties hereto.
LOS ANGELES COUNTY
FLOOD CONTROL DISTRICT:
By: ____________________________________
Name:Matthew Frary
Title:Assistant Deputy Director
For: Mark Pestrella
D ate: __________________________________
Regional Program
Agreement No.2020RPLSGR02
CEQA ATTACHMENT
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, State Of California—Natural Resources Agency CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE 2018 ENVIRONMENTAL FILING FEE CASH RECEIPT RECEIPT 1!
201811271230048
SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY
WCY DATE
CITY OF BELLFLOWER 11/27/2010
COUNTY/STATE AGENCY OF FILING DOCUMENT NUMBER
LA 2018295798
PROJECT TITLE
CARUTl-IERs PARK STORMWATER AND URBAN RUNOFF CAPTURE
P-ROJECT APPLICANT NAME PHONE NUMBER
BERNARDO INIGUEZ (5533044424
PROJECT APPLICANT ADDRESS CW FATE ZIP CODE
16600 CIVIC CENTER DR BELLFLOWER CA 00700
PROJECT APPLICANT (Check appropriate box):
Local Public Agency :1 School District I] one: Special Dlslncl 0 sure Agency El Prlvue Emily CHECK APPLICABLE FEES:
9: El Environmental Impact Report (EIR) 30,158.00 3 0.00 '1 El Negative Deolarallon (ND)(MND) $2,280.75 5 2,230.75 1 I] Appication Fee Water Divaslm (State Water Resources Control Board Only) $850.00 5 0 00 El Projects Subject to Celfifled Regulaory Programs (CRP) $1,077.00 3 0.00 E County Adainistrafive Fee moo 3 75.00
El Project than is exempt from fees
D Nofice of Empflon
D CDFW No Effect Determination (Form Attached)
[3 Other $ °-°°
PAYMENT METHOD: 75 355. El Cash E! Crcdll [3 Check D on _____ ‘ -——-;——
SIGNATURE TITLE
ORIGINAL - PROJECT APPLICANT COPY - CDFWIASB COPY - LEAD AGENCY COPY - COUNTY CLERK FG 753.56 (Rev. 01‘ VII . , .’
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i UNTIL December 27 2018
Notlce of Determination EREGISTRAR—Becomes/corrunr CLERK w 7°: ' From:
El Office of Planning and Researc Public Agency: City of Bellflower US Ma”. Street Address. Address: Public Works Department 16800 Civic finisr Drive. film, CK E706
P.O. Box 3044 1400 Tenth St. Rm 113 Contactzaemardo lniguez Sacramento. CA 95812-3044 Sacramento. CA 95814 Phone: (562) 804-1424 ext 2233 Coun Clerk
E Count; of: L03 Angeies Lead Agency (if different from above):
Address: 124m E. Imperial Highway. ROME-001
Norwalk. m Address:
Contact:
Phone:
SUBJECT: Flllng of Notlce o! Determlnatlcn in compliance with fictlon 21108 or 21152 of the Public Resources Code.
State Clearinghouse Number (if submitted to State Clearinghouse):2°18081039 Project Title: Caruthers Park-Stonnwater and Urban Runoff Capture Project Applicant: City of Bellfiower Public Works Department Project Location (include county): 10500 Flora Vista Street. Beliilcwer, Caiifomla. 90706, Lee Angela: County Project Description:
The Caruthers Park Stonnwater and Urban Runoff Capture Project includes the construction and operation of new infrastructure improvements to optimize the configuration of the storrnwater capture unit (diversion. storage, and outflow) so that the runoff and water quality goals of the associated WMPs are met in a way that maximizes the benefit pursuant to benchmarks of runoff treatment. The associated infrastructure improvements are propom to include an underground storage reservoir. two diversion structures. two pre-treatment units. a pump station. and conveyance pipelines.
This is to advise that the City 0" Belmower has approved the above (El Lead Agency or D Responsible Agency) described project on 11l26/18 and has made the following determinations regarding the above (date) described project.
1. The project [I] will IE! will not] have a significant effect on the environment.
2. D An Environmental impact Report was prepared for this project pursuant to the provisions of CEQA.
El A Negative Declaration was prepared for this project pursuant to the provisions of CEQA.
3. Mitigation measures [IE] were [I were not] made a condition of the approval of the project.
4. A mitigation reporting or monitoring plan [E] was [I was not] adopted for this project.
5. A statement of Overriding Considerations [D was El was not] adopted for this project.
6. Findings [El were D were not] made pursuant to the provisions of CEQA.
This is to certify that the final EIR with comments and responses and record of project approval. or the negative Declaration, is available to the General Public at:
16600 Civic Center Drive. Bellflower. 90706 /
Signature (Public Agency): Title: Public Works Manager
Date: 11I26/18 Date Received for filing at OPR:
Authority cited: Sections 21083. Public Resources Code.
Reference Section 21000-21174, Public Resources Code.
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EXHIBIT A
Caruthers Park | City of Bellflower
Scope of Work
Prepared for the Safe Clean Water Program
Los Angeles County Flood Control District
By the City of Bellflower
Bernardo Iniguez | Public Works Manager
16600 Civic Center Drive
Bellflower, CA 90706
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Project Information
Project Name Caruthers Parks
Watershed Area Lower San Gabriel River Watershed Area
SIP Funding Program Infrastructure Program
Call for Projects Cycle Round 1, FY 2020-2021
Funding Requested $855,000 for Post-Construction Operations, Maintenance, and Monitoring
Introduction and Background
In 2016, the City of Bellflower entered a cooperative implementation agreement with Caltrans to provide funding for the design and construction of a regional stormwater and urban runoff capture and infiltration facility at Caruthers Park (the “Facility”) to effectively manage both wet and dry urban runoff. Substantial completion of construction of the Facility is anticipated in December 2020. This agreement through the Safe Clean Water (SCW) Program is for post-construction operations, maintenance, and monitoring of the Facility (the “Project”).
A-1 Budget Plan
No costs applicable to the SCW Program have been incurred by the Project through January 1, 2021. Costs are projected to begin in early 2021 as further detailed in Sections A-3 and A-4. A Budget Plan is presented in the table below.
Funded Activity Year 1* Year 2 Year 3 Year 4 Year 5
Vector Minimization
Plan Development $4,500 -- -- -- --
Monitoring Plan
Development $8,500 -- -- -- --
Maintenance $115,000 $135,000 $143,000 $143,000 $143,000 Operations $18,000 $15,000 $15,000 $15,000 $15,000
Monitoring $17,000 $17,000 $17,000 $17,000 $17,000
Estimated Annual Totals $163,000 $167,000 175,000 $175,000 $175,000 Total 5-Year Estimate: $855,000
*Tentatively January 1, 2021 to December 31, 2021. Inception date is subject to change depending upon release of funds and terms of the agreement.
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A-2 SCW Program Goals
This Budget Plan and the Project as a whole are consistent with a myriad of SCW Program goals as described in Chapter 18.04 of the Los Angeles County Flood Control District (LACFCD) Code. Continued operations, maintenance, and monitoring will ensure the effectiveness of the Project in meeting these goals. Refer to the table below.
Goal Explanation
Improve water quality and contribute to
attainment of water-quality requirements.
Capture, settling, and infiltration will aid in
attaining Metals TMDL goals.
Increase drought preparedness by capturing more
stormwater and/or urban runoff to store, clean,
reuse, and/or recharge groundwater basins.
A significant amount of urban runoff will be
returned to subsurface waters.
Help communities mitigate and adapt to the
effects of climate change through activities such
as increasing shade and green space.
While the park is existing, there will be an
increase in trees and shade.
Leverage other funding sources to maximize SCW
Program goals.
Caltrans funding was used for the entire
planning/design and construction phases.
A-3 Estimated Reasonable Total Activity Cost
The total cost of planning/design and construction was approximately $13,000,000 and was funded through a cooperative implementation agreement with Caltrans. Moving forward, there will be two one-time cost items:
• Development of a Vector Minimization Plan: $4,500
• Development of a Monitoring Plan: $8,500
Per the Budget Plan outlined in Section A-1, the estimated total 5-year cost is $855,000.
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A-4 Funded Activity Description and Scope of Work
The Funded Activity and Scope of Work includes:
i. Project Management (including required reporting).
The City of Bellflower’s Public Works Department will be the project manager for this work. There are no regulatory requirements for reporting.
ii. General Compliance Requirements/Project Effectiveness and Performance.
The purpose of the operations and maintenance activities is to maintain the effectiveness of the Project, while the purpose of the monitoring activities (as described in Section A-6) is to measure the effectiveness of the Project.
iii. Permitting and Environmental Compliance.
None anticipated. However, a Flood Control Access Permit may be needed depending upon the selected monitoring locations.
iv. Planning, Design, and Engineering.
a) A Vector Minimization Plan will be developed in coordination with the Greater Los Angeles County Vector Control District. The estimated cost is $4,500. b) A Monitoring Plan will be developed. The estimated cost is $8,500.
v. Stakeholder and Community Outreach/Engagement Activities.
Program Project Stakeholder and Community Outreach/Engagement Plan activities will occur biennially (every other year) to remind the residents and park users of the contribution of the SCW Program.
vi. Right of Way Acquisition.
Not applicable.
vii. Construction and Implementation.
Not applicable.
A-5 Operations and Maintenance Plan
An extensive Operations and Maintenance Plan has already been developed, submitted to, and approved by the LACFCD. It is included as an attachment to this Scope of Work.
A-6 Post-Construction Monitoring
A Monitoring Plan will be developed. Components will include:
• Samples collected a minimum of twice a year at inlets and outlets. • Analysis will include TMDL parameters such as metals (e.g. copper, zinc), total suspended solids, and other (to be determined) potential pollutants of concern. -15-
• The samples will be collected and reported in a manner consistent with the CEDEN database, and records will be kept for a minimum period of three years. There is no known regulatory requirement to report the monitoring results, but the intent is to include the results in the Watershed Annual Report and/or Individual City Annual Report. • The post-construction Monitoring Plan will evaluate the effectiveness of stormwater treatment facilities and include project quality objectives; sampling design; sampling procedures; quality control (but not to the level of a QAPP); data management, verification, and reporting; data quality assessment; and data analysis procedures.
A-7 Sustainability Rating
Not applicable. The Project has not applied for Institute for Sustainable Infrastructure (ISI) verification.
A-8 Stakeholder and Community Outreach/Engagement Plan
Program Project Stakeholder and Community Outreach/Engagement Plan activities will occur biennially (every other year) to remind the residents and park users of the contribution of the SCW Program.
A-9 Tracking Infrastructure Program Project Benefits
The City will include a summary of the benefits achieved in the Watershed Annual Report and/or Individual City Annual Report and can submit documentation separately to the SCW Program if requested. The Monitoring Plan will include quantitative targets and corresponding metrics for subsequent reporting of all applicable parameters.
A-10 Work Schedule and Completion Date
Operations, maintenance and monitoring activities are tentatively scheduled to begin on or about January 1, 2021 and continue annually thereafter.
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