MEMORANDUM OF AGREEMENT
BETWEEN THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS
AND THE CITY OF SAN MARINO
This Memorandum of Agreement (“MOA”) is made and entered into as of the date of execution set forth below by and between the City of San Marino, a municipal corporation (“City”), and the San Gabriel Valley Council of Governments, a California joint powers authority (“SGVCOG”). City and SGVCOG may be referred to herein collectively as the “Parties” or individually as a “Party.” RECITALS:
WHEREAS, the U.S. Environmental Protection Agency (USEPA) and the California Regional Water Quality Control Board, Los Angeles Region (Regional Board) have classified the Greater Los Angeles County Municipal Separate Storm Sewer System (MS4) as a large MS4 pursuant to 40 Code of Federal Regulations (CFR) section 122.26(b)(4) and a major facility pursuant to 40 CFR section 122.2; and WHEREAS, the 2012 MS4 Permit became effective on December 28, 2012, and required that the Los Angeles County Flood Control District (LACFCD), the County of Los Angeles (COUNTY), and 84 of the 88 cities within the County comply with its prescribed elements; and WHEREAS, the 2021 MS4 Permit became effective on September 11, 2021, superseding the 2012 MS4 Permit, and requires the COUNTY, LACFCD, 85 cities within the coastal watersheds of Los Angeles County, the Ventura County Watershed Protection District, the County of Ventura, and 10 cities within Ventura County to comply with its prescribed elements; and WHEREAS, the MS4 Permit identifies the City as an MS4 permittee responsible for compliance with the Permit’s requirements pertaining to the City’s jurisdictional area in the Upper Los Angeles River Watershed Management Area; and
WHEREAS, the cities of Alhambra, Burbank, Calabasas, Glendale, Hidden Hills, La Canada Flintridge, Los Angeles, Montebello, Monterey Park, Pasadena, Rosemead, San Fernando, San Gabriel, San Marino, South El Monte, South Pasadena, and Temple City and LACFCD and the COUNTY formed the Upper Los Angeles River Watershed Management Group (ULAR WMG) to collaborate on the Watershed Management Program (WMP) and the Coordinated Integrated Monitoring Program (CIMP) in accordance with the MS4 Permit, with the City of Los Angeles serving as the ULAR WMG lead agency; and WHEREAS, the ULAR WMG agencies executed an agreement to collaborate on the development of a WMP and a CIMP in accordance with the MS4 Permit for a portion of the Upper Los Angeles River Watershed Management Area to comply with all applicable monitoring requirements of the MS4 Permit (the “ULAR WMG MOA”); and
WHEREAS, the ULAR WMG agencies agreed to cooperatively share and fully fund the costs of the implementation of the CIMP and WMP and agreed to have the SGVCOG invoice and collect funds from each of the ULAR WMG agencies to cover the costs of implementation; and WHEREAS, per Section 8.c. of the ULAR WMG MOA, if the City of Los Angeles incurred costs greater than the contract estimates contained in Exhibit A of the ULAR WMG MOA, the ULAR WMG agencies agreed to pay the City of Los Angeles (through SGVCOG) for their proportional share of the additional expenditures at an amount not to exceed ten percent (10%) of their proportional annual cost; and WHEREAS, the City’s proportional share of the additional expenditures exceeds ten percent, and any costs which exceed this ten percent (10%) contingency required an amendment to the ULAR WMG MOA.
The ULAR WMG MOA expired on June 30, 2023, and the SGVCOG and the ULAR WMG agencies were unable to amend the ULAR WMG MOA before its expiration due to the reconciliation process; and WHEREAS, the SGVCOG will be entering into new agreements with ULAR WMG agencies that incurred costs which exceed their ten percent (10%) contingency; and NOW, THEREFORE, the SGVCOG and City desire to enter into a new agreement in which the SGVCOG will invoice the City for its proportional share of the additional expenditures and agree as follows:
I. RECITALS:
The above Recitals are made a substantive part of this MOA.
II. TERM:
The term of this MOA shall become effective upon execution by both Parties and shall continue until the City’s payment of the invoice per Section III.
III. INVOICING AND PAYMENT:
The SGVCOG will invoice the City in an amount not exceeding $8,954.60. The City shall pay the invoice within sixty (60) days of receipt of the invoice from the SGVCOG.
IV. NOTICES/INVOCES:
Any notices, bills, invoices, or reports relating to this MOA, and any request, demand, statement, or other communication required or permitted hereunder shall be in writing and shall be delivered to the representatives of the City and/or SGVCOG at the respective addresses set forth in Exhibit A attached hereto and incorporated herein by reference. The City and SGVCOG shall promptly notify each other of any change of contact information, including personnel changes, provided in Exhibit A. Written notice shall include notice delivered via e-mail or fax. A notice shall be deemed to have been received on (a) the date of delivery, if delivered by hand during regular business hours, or by confirmed facsimile or by email; or (b) on the third (3rd) business day following mailing by registered or certified mail (return receipt requested) to the addresses set forth in Exhibit A.
[Signature page to follow.]
IN WITNESS WHEREOF, the City and SGVCOG hereto have caused this MOA to be executed by their duly authorized representatives and affixed as of the date of signature of the Parties:
FOR THE CITY OF SAN MARINO:
By:___________________________
Philippe Eskandar
City Manager
Date:__________________________
APPROVED AS TO FORM:
_______________________________
Joe Montes
City Attorney
FOR THE SAN GABRIEL VALLEY
COUNCIL OF GOVERNMENTS:
By: ____________________________
Marisa Creter
Executive Director
Date:___________________________
APPROVED AS TO FORM:
________________________________
David DeBerry
General Counsel
EXHIBIT “A”
ULAR WMG Agency Representatives
[Behind this page.]
Upper Los Angeles River Watershed Management Area Agency Representatives Agency Address Agency Contact
City of Los Angeles Department of Public Works
Bureau of Sanitation, Watershed Protection Division
1149 S. Broadway
Los Angeles, CA 90015
Alfredo Magallanes
E-mail: [email protected]
Phone: (213) 485-3958
County of Los Angeles Department of Public Works
Stormwater Quality Division, Building A-9 East, 1st
Floor 1000 South Fremont Avenue
Alhambra, CA 91803
Mark Lombos
E-mail: [email protected]
Phone: (626) 300-4665
Los Angeles County Flood Control District Department
of Public Works
Stormwater Quality Division, Building A-9 East, 1st
Floor 1000 South Fremont Avenue
Alhambra, CA 91803
Jalaine Verdiner
E-mail: [email protected]
Phone: (626) 300-4666
City of Alhambra
111 South First Street
Alhambra, CA 91801-3796
David Dolphin
E-mail: [email protected]
Phone: (626) 300-1571
City of Burbank
P.O. Box 6459
Burbank, CA 91510
Stephen Walker
E-mail: [email protected]
Phone: (818) 238-3804
City of Calabasas
100 Civic Center Way
Calabasas, CA 91302-3172
Tatiana Holden
E-mail: [email protected]
Phone: (818) 224-1600
City of Glendale
Engineering Section
633 East Broadway, Room 209 Glendale, CA 91206-
4308
Maurice Oillataguerre
E-mail: [email protected]
Phone: (818) 550-4511
City of Hidden Hills
6165 Spring ValleyRoad
Hidden Hills, CA 91302
Joe Bellomo
E-mail: [email protected]
Phone: (805) 279-6856
City of La Canada Flintridge
1327 Foothill Blvd.
La Canada Flintridge, CA 91011-2137
Patrick DeChellis
E-mail: [email protected]
Phone: (818) 790-8882
City of Montebello
1600 W Beverly Blvd
Montebello,CA 90640
James A. Enriquez
E-mail: [email protected]
Phone: 323-887-1200
Rita Montalvo
E-mail: [email protected]
Phone: 323-887-1200 Ext 469
City of Monterey Park
320 West Newmark Avenue
Monterey Park, CA 91754-2896
Xochitl Tipan
E-mail: [email protected]
Phone: (626) 307-1383
City of Pasadena Dawn Petschauer
E-mail: [email protected]
Phone: (626) 744-3929
100 N Garfield Ave
Pasadena, CA 91101-1726
City of Rosemead
8838 East ValleyBlvd.
Rosemead, CA 91770-1787
Michael Chung
E-mail: [email protected]
Phone: (626) 569-2158
Eddie Chan
E-mail: [email protected]
Phone: (626) 569-2154
City of San Fernando
117 Macneil Street
San Fernando, CA 91340
Kenneth Jones
Email: [email protected]
Phone: (818) 898-1240
City of San Gabriel
425 South Mission Avenue
San Gabriel, CA 91775
Greg De Vinck
E-mail: [email protected]
Phone: (626) 308 - 2825
Capucine Hernandez
E-mail: [email protected]
Phone: (626) 308-2825
City of San Marino
2200 Huntington Drive
San Marino, CA 91108-2691
Amber Shah
E-mail: [email protected]
Phone: (626) 300 - 0787
City of South El Monte
1415 Santa Anita Ave.
South El Monte, CA 91733
Rene Salas
E-mail: [email protected]
Phone: (626) 579-6540
Fax: (626) 579-2409
City of South Pasadena
1414 Mission Street
South Pasadena, CA 91020-3298
Ted Gerber
E-mail: [email protected]
Phone: (626) 403-7240
City of Temple City
9701 Las Tunas Drive
Temple City, CA 9178
Andrew Coyne
E-mail: [email protected]
Phone: (626) 285-2171 Ext. 4344
San Gabriel Valley Council of Governments
1333 Mayflower Avenue, Suite 360
Monrovia, CA 91016
Marisa Creter
Email: [email protected]
Phone: (626) 457-1800