TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Amber Shah, Parks & Public Works Director
DATE: May 8, 2024
SUBJECT: MEMORANDUM OF AGREEMENT WITH SAN GABRIEL
VALLEY COUNCIL OF GOVERNMENTS TO PAY
ADDITIONAL COST SHARE OBLIGATIONS IN THE
AMOUNT OF $8,954.60 FOR PARTICIPATION IN 2018-
2023 STORMWATER QUALITY IMPROVEMENT AND
MONITORING PROGRAMS FOR LOS ANGELES RIVER
STRATEGIC PLAN CRITICAL SUCCESS FACTORS
Fiscally Responsible and Transparent City Government
Well-Maintained Infrastructure
BACKGROUND
The City of San Marino has partnered with a number of other public agencies who operate stormwater drainage systems that discharge into the Upper Los Angeles River (ULAR) watershed to develop and implement an Enhanced Watershed Management Plan (EWMP) and a Coordinated Integrated Monitoring Program (CIMP) to improve stormwater quality in the river and Pacific Ocean. In February 2016, the City Council entered into a Memorandum of Agreement (MOA) with the other agencies for the administration and costsharing of the implementation of the EWMP and CIMP. The San Gabriel Valley Council of Governments (SGVCOG) administered the agreement with the City of Los Angeles as the lead agency. A new agreement was entered into in 2018 and expired on June 30, 2023. Last June, the City continued the partnership by entering into a new agreement beginning July 1, 2023, through June 30, 2026.
Steven W. Huang, DDS, Mayor
Gretchen Shepherd Romey, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Steve Talt, Council Member
During the 2018-2023 MOA, the City was notified by the SGVCOG that the cost of CIMP activities were anticipated to exceed the originally scoped cost beginning in FY 2019-2020. The 2018-2023 MOA provided that any overages exceeding ten percent (10%) of the City’s original cost share amount would require an amendment to the MOA. However, the SGVCOG and member agencies were unable to amend the MOA before it expired due to the reconciliation process. Therefore, the SGVCOG has requested the City enter into a new MOA for the proportional share of the City’s additional obligation remaining from the 2018-2023 MOA for the overage in the amount of $8,954.60.
DISCUSSION
Implementation of the EWMP and its associated monitoring program known as CIMP are intended to achieve compliance with the 2012 Los Angeles County Municipal Separate Storm Sewer System (MS4) Permit which has been superseded by the 2021 MS4 Permit, both issued by the Los Angeles Regional Water Quality Control Board. The Regional Board approved the Upper Los Angeles River CIMP in August 2015 and the EWMP in April 2016. The goals of these programs are to cooperatively improve the quality of stormwater discharge into the Los Angeles River. As the City of San Marino does not have the resources to perform the necessary stormwater compliance efforts on its own, the City has participated in a regional cost-share program administered by the SGVCOG with the City of Los Angeles as the lead agency since 2016.
Under the 2018-2023 MOA, the SGVCOG notified the member agencies that the CIMP activities were anticipated to exceed the originally scoped cost. Per the SGVCOG, the overages were due to:
The construction and installation of 12 automated sampling stations to implement CIMP wet-weather monitoring activities at Upper Los Angeles River Stormwater Outfall sites. These were originally scoped for a previous MOA but construction was delayed several years.
Numerous “false start” storm events that required staff and consultant time and equipment preparation.
Unprecedented levels of economic inflation over the term of the MOA impacting costs for staffing, contractors, equipment, and consumables. Several monitoring stations experienced acts of vandalism during the MOA term.
All of these factors contributed to an overage with a total proportional cost share of $8,954.60 owed by the City. Since this cost is for the 2018-2023 MOA that expired before the reconciliation process was complete, the SGVCOG has requested member agencies enter into a new MOA to pay their remaining obligations under the agreement for the overage. This MOA is separate from the 2023-2026 MOA the City entered into in 2023. Once the SGVCOG has invoiced the City and the City has paid for the overage, this MOA (Attachment 1) and its scope of work will be considered complete.
FISCAL IMPACT & PROCUREMENT REVIEW
The cost share for each participating agency is proportional to the amount of acres from each City that drains into the Upper Los Angeles River watershed.
The City’s proportional cost share of the overage is $8,954.60.
The City budgets for the cost-share agreement in the Parks & Public Works operating budget in Account #101-44-4460-5170. However, since the reconciliation of the 2018-2023 MOA costs had not been finalized for inclusion in the adopted FY 2023-24 budget, the payment for the overage will likely exceed the individual line item budget. However, staff believes there will be savings in other line items within the Department’s operating budget to sufficiently mitigate the cost without requiring an amendment to the budget.
LEGAL REVIEW
The City Attorney's office has reviewed and approved as to form.
RECOMMENDATION
Staff recommends the City Council approve the Memorandum of Agreement for the Upper Los Angeles River Watershed Management Area. If Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to approve the Memorandum of Agreement with San Gabriel Valley Council of Governments regarding administration and additional cost sharing obligations in the amount of $8,954.60 for implementing the 2018-2023 Coordinated Integrated Monitoring Program (CIMP) and Watershed Management Program (WMP) for the Upper Los Angeles River Watershed Management Area.”
ATTACHMENTS
1. Draft Memorandum of Agreement