Attachment A - First Amendment MOU Los Angeles Gateway Region Integrated Regional Water Management JPA — Signal Hill City Council, October 22, 2024

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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 July 1, 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 (“EPA”) 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 Regional Board adopted a new Regional MS4 Permit, NPDES Permit No. CAS004004 via Order No. R4-2021-0105 on July 23, 2021 with an effective date of September 11, 2021; and
WHEREAS, the Harbor Toxic Pollutants TMDL is implemented through the Regional MS4 Permit; 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, monitoring cost increases have increased substantially due to requirements in the revised TMDL, including potential amendments to the existing CCMRP, more extensive chemistry sampling to meet high resolution PCB analysis and others, possible model revisions to address human health sediment quality objectives, potential hot spot investigations, and general cost increases; and WHEREAS, pursuant to Section 9(m) of the MOU, the Permittees further desire to amend the MOU’s cost share formula in light of the revision to the Harbor Toxic Pollutants TMDL and the new Regional MS4 Permit; and
WHEREAS, the CCMRP was approved by the Regional Board Executive Officer on June 6, 2014; and
WHEREAS, the Regional Board Executive Officer approved a revised CCMRP on November 19, 2019.

WHEREAS, implementation of the CCMRP requires administrative and professional coordination services for the Permittees that the GWMA is able and willing to provide; and

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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 Consultnt’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:

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. Other NPDES Permit Holders. Subsection 13(a) of the MOU (“Other NPDES Permit Holders”) is amended to read as follows
“(a) Other NPDES Permit Holders.
i. Individual or general NPDES permit holders who are not Permittees but receive Harbor Toxic Pollutants TMDL monitoring requirements in their NPDES permits may wish to participate in the implementation of the CCMRP in order to utilize the CCMRP monitoring data to satisfy all or part of the monitoring and reporting requirements in their NPDES permits. Any such NPDES permit holder may submit a letter of interest to the Chair requesting to become a participant in the CCMRP. The letter of interest at a minimum shall contain a commitment to pay annually for participant status Thirty-Four Thousand Two Hundred Thirty-One Dollars ($34,231.00), plus any cumulative CPI Adjustment as defined below (“Annual Payment Amount”). The Annual Payment Amount will be annually and cumulatively adjusted during each year of this MOU’s term based upon the percentage change in the Bureau of Labor Statistics’ Consumer Price Index, Los Angeles-Long Beach-Anaheim Area, for the twelve-month period ending on March 1st of the preceding fiscal year (“CPI Adjustment”). The GWMA will use the Annual

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Payment Amounts received from individual or general NPDES permit holders to reduce the Monitoring Costs charged to the Permittees.
ii. Upon receipt of the letter of interest, the Chair shall distribute the letter to the Permittees who shall vote on whether to grant the NPDES permit holder participant status. If the Permittees by majority vote determine that participant status should be granted, the Chair shall notify GWMA of the Permittees’ approval. Upon receipt of a written notice from the Chair of the Permittees’ approval for the NPDES permit holder to participate in the implementation of the CCMRP, the GWMA will enter into a separate cost share agreement with the NPDES permit holder that will require the NPDES permit holder to pay the Annual Payment Amount of Thirty-Four Thousand Two Hundred ThirtyOne Dollars ($34,231.00), plus any applicable CPI Adjustments as set forth in Subsection 13(a)(i). Failure to pay the Annual Payment Amount by the date set forth in the agreement shall result in termination of the NPDES permit holder’s participant status. The GWMA will deduct and retain from each NPDES permit holder’s Annual Payment Amount an amount based on the percentage rate charged to Non-GWMA Members pursuant to Subsection 9(c)(ii) of this MOU in order to recover the GWMA’s Administrative Costs. iii. An NPDES permit holder accepted as a participant shall not be a Permittee or one of the Parties to this MOU and shall not be entitled to appoint a representative or to vote or participate in any way in decisions assigned to Permittees by this MOU. Participant status entitles an NPDES permit holder only to the monitoring data collected as part of the CCMRP and to have its name included on all reports submitted in accordance with the CCMRP for any fiscal year in which the participant has paid its Annual Payment Amount.”
Section 5. 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

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To the Permittees:

Len Gorecki
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
Tom Modica
City Manager
City of Long Beach
411 W. Ocean Boulevard
Long Beach, CA 90802
Mario Cordero
Chief Executive Officer
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

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Karina Bañales
City Manager
City of Rolling Hills
2 Portuguese Road
Rolling Hills, CA 90274
Greg Grammer
City Manager
City of Rolling Hills Estates
4045 Palos Verdes Drive North
Rolling Hills Estates, CA 90274
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 6. Except for the changes set forth herein, all other terms and conditions of the MOU shall remain in full force and effect.

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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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