STAFF REPORT
CITY OF BURBANK
PUBLIC
WORKS
DATE: July 18, 2023
TO: Justin Hess, City Manager
FROM: Ken Berkman, Public Works Director KB
VIA: Stephen Walker, Assistant Public Works Director - Wastewater Systems SUBJECT: Approval of a Memorandum of Agreement for Implementation of the Coordinated Integrated Monitoring Program and Watershed Management Program for the Upper Los Angeles River Watershed and Find the Memorandum Categorically Exempt
RECOMMENDATION
1. Find the Memorandum of Agreement (MOA) to be categorically exempt from review under the California Environmental Quality Act (CEQA) pursuant to Class 7 and Class 8 exemptions set forth in Sections 15307 and 15308 of the CEQA guidelines;
2. Approve a MOA with 18 other permittees regarding the administration and cost-sharing for implementing the Coordinated Integrated Monitoring Program (CIMP) and Watershed Management Program (WMP) for the Upper Los Angeles River Watershed Management Area (Exhibit A), with a not to exceed amount of $179,362.
BACKGROUND
On December 28, 2012, the Final Waste Discharge Requirements for Municipal Separate Storm Sewer System Discharges within the Coastal Watersheds of Los Angeles County (MS4 Permit) became effective, which regulate discharges of storm water and urban runoff into the storm drain system. In 2013, the Council approved Burbank's participation in the Upper Los Angeles River Watershed Management Group's (ULAR Group's) collaborative effort to develop the Coordinated Integrated Monitoring Program (CIMP) and WMP to comply with the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System Permit (MS4 Permit) that was adopted by Los Angeles Regional Water Quality Control Board (Regional Board). This collaborative effort includes Burbank along with 18 other jurisdictions.
In 2014, the ULAR Group submitted the CIMP to the Regional Board for their review, and the Regional Board approved the plan in 2015. A revised CIMP was submitted to the Regional Board on March 13, 2023, as required by the MS4 Permit. The ULAR Group also submitted the Watershed Management Plan (WMP) to the Regional Board for review in 2015 and they approved the plan in 2016. A revised WMP was also submitted to the Regional Board in June 2021, as required by the MS4 Permit.
The second step of this process is to implement both the CIMP and WMP. In 2018, the Council approved a five-year CIMP and WMP MOA in the amount of $253,669 for Fiscal Years 2018/19 - 2022/23. The existing CIMP and WMP MOA will expire on June 30, 2023.
The ULAR Group has proposed a new three-year MOA for continued monitoring (CIMP) and non-monitoring (WMP) tasks for Fiscal Years 2023/24 - 2025/26. The ULAR Group will continue to coordinate with the San Gabriel Valley Council of Governments (SGVCOG) to perform WMP-related tasks, oversee the MOA, and provide administrative support to the ULAR Group.
DISCUSSION
The intent of this MOA is to cooperatively implement tasks required under the WMP and CIMP documents, and to submit MS4 Permit requirements on behalf of the ULAR Group.
The tasks include, but are not limited to:
WMP
• Report of Waste Discharge (ROWD): the ROWD is a requirement in the MS4 Permit for the ULAR WMP Group to apply to the Regional Board for an updated MS4 Permit.
• Trash Monitoring and Reporting Plan (TMRP): the TMRP is required per the Los Angeles River Trash Total Maximum Daily Load (Trash TDL) and requires permittees to monitor trash amounts in the Los Angeles River and its tributaries. • Annual reporting, adaptive management, WMP revisions, and website management.
• Special Studies: depending on water quality monitoring results, Best Management Practice (BMP) implementation, and scientific studies that other similar regions conduct pertaining to stormwater quality, the ULAR Group may elect to conduct scientific studies to develop more representative water quality objectives.
CIMP
• Outline the process for collecting water quality data to meet the goals and requirements of the MS4 Permit Monitoring and Reporting Program (MRP). • The MRP, as outlined in the MS4 Permit, is composed of Receiving Water Monitoring, Stormwater Outfall Monitoring, Non-Stormwater (NSW) Outfall Monitoring, and Urban Lakes Monitoring.
• Data management, capital, operational and maintenance activities; purchasing and maintaining/replacing equipment.
• Development of monitoring sections of annual report and annual reconciliation of services under the MOA.
• Implementation of the MRP will demonstrate how effectively Burbank and the other permittees in the MOA are complying with water quality objectives. • Each of the above-mentioned efforts would be contracted out by the SGVCOG, with the City of Los Angeles providing subject-matter expertise on technical matters on behalf of the ULAR Group to achieve MS4 Permit compliance.
ENVIRONMENTAL REVIEW
Staff has reviewed this MOA and recommends that Council find it to be categorically exempt from review under the California Environmental Quality Act (CEQA) and CEQA Guidelines pursuant to Class 7 and Class 8 exemptions set forth in Sections 15307 and 15308. This MOA qualifies for the exemption because it is related to actions by regulatory agencies for the protection of natural resources and the environment with the intent of protecting and improving water quality in the Los Angeles River and its receiving waters.
FISCAL IMPACT
Participation with the other permittees allows Burbank to cost-share the expenses of MS4 Permit implementation. Including a 15% contingency, the total cost to all agencies participating in this MOA is $5,358,422. Table 1 in Exhibit B of the MOA illustrates Burbank's total share for these efforts as $179,362 over a three-year period. The costs are also broken down in the three tables below, as follows: Table 1 (CIMP), Table 2 (WMP and management fees), and Table 3 (Total Costs). Sufficient funding is available in Fund 109 (Measure W) to address the costs below.
Burbank will be invoiced by the SGVCOG in July of each fiscal year, in the amounts shown in Table 1 below. Tables 2, 3, and 4 provide a breakdown of the total costs.
Table 1 of MOA Exhibit B - CIMP/WMP Implementation
Annual and Total Costs
Fiscal Fiscal Fiscal
Agency Year Year Year Total
23-24 24-25 25-26
City of $57,422
Burbank $55,590 $66,350 $179,362
Table 2 - Distribution of Costs for Implementing
Total ULAR CIMP Monitoring Services
Fiscal Fiscal Fiscal
Agency Year Year Year Total
23-24 24-25 25-26
City of
$43,178 $41,085 $41,773 $126,036
Burbank
Table 3 - Distribution of Cost for Implementing
WMP-Related Tasks, Including CASQA Fees
Fiscal Fiscal Fiscal
Agency Year Year Year Total
23-24 24-25 25-26
City of
$10,841 $11,102 $21,174 $43,117
Burbank
Table 4 - Distribution of Cost for
SGVCOG Annual Contract Management Fees
Fiscal Fiscal Fiscal
Agency Year Year Year Total
23-24 24-25 25-26
City of
$3,403 $3,403 $3,403 $10,209
Burbank
It should also be noted that if Burbank does not participate in these efforts, the Regional Board has the authority to subject the City to potential penalties that could range from $5,000 to $25,000 per day per violation for not implementing the WMP and CIMP tasks.
CONCLUSION
Staff recommends that Council find the MOA to be categorically exempt from CEQA and approve the MOA regarding the administration and cost-sharing for implementation of the ULAR CIMP and WMP tasks. This will allow the City to meet MS4 Permit requirements in a more cost-effective manner by addressing them at the watershed level.
ATTACHMENTS
Attachment 1 - Upper Los Angeles River CIMP and WMP Implementation MOA