Resolution No. 92501
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RESOLUTION NO. 9250
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING THE RECOMMENDATIONS OF THE
STEERING COMMITTEE, LOS ANGELES RIVER METALS TOTAL
MAXIMUM DAILY LOAD REGARDING THE NPDES PERMIT AND
AUTHORIZING THE CITY TO DO ALL OTHER ACTIONS DEEMED
NECESSARY OR ADVISABLE CONCERNING THE
RECOMMENDATIONS
WHEREAS, on December 13, 2001, the California Regional Water
Quality Control Board, Los Angeles Region ("Regional Board") adopted
Order No. 01-182, a National Pollutant Discharge Elimination System
("NPDES") Permit for Municipal Storm Water and Urban Runoff Discharges
within the County of Los Angeles and the incorporated cities therein,
except the City of Long Beach (hereinafter "NPDES Permit"); and
WHEREAS, the Los Angeles River Metals Total Maximum Daily
Load ("TMDL") that was adopted in December 2005 by the Regional Board
set numeric limits on the concentration limits of certain metals, and
Ithe Board will be implementing in the future mandatory monitoring plan
Ifor the Los Angeles Metals TMDL at significant cost to the cities
(depending upon the limits of the metals; and
WHEREAS, the cities will be required to undertake studies
land develop plans to meet the numeric limits requirement; and
WHEREAS, in August of 2006, the cities that are impacted in
the Los Angeles River watershed, along with the County of Los Angeles,
Los Angeles County Sanitation Districts and Caltrans formed a Steering
Committee (the "Steering Committee"), to assess the feasibility of
undertaking scientific studies to define the implementation
responsibilities and methods of the LA River Metals TMDL; and
WHEREAS, the Los Angeles River Watershed Management Area
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Committee has formed a Los Angeles River Metals TMDL Compliance
subcommittee known as the Los Angeles River Metals TMDL Technical
Committee that is writing the required water quality monitoring plan
that is due for submittal to the Regional Board by April of 2007; and
WHEREAS, the Steering Committee has requested that the City
of Vernon support the following recommendations on special studies,
management and funding needs over the next three years: a study of
site specific objectives/water effects ratio ("SSO/WER") to determine
the toxicity of site water in relation to laboratory test water at an
estimated cost of $2,180,000.00; a study of atmospheric
deposition/watershed runoff to determine the contribution of metals by
non -point sources at an estimated cost of $1,460,000.00; the retention
of a Project Manager to coordinate and complete the special studies at
a cost of $338,000.00; the adoption of a cost sharing formula at a
total estimated cost to the City of Vernon of approximately
$45,000.00; Gateway Cities Council of Governments serving as fiduciary
agent to provide invoicing and auditing services, thereby requiring
each city to enter into an implementation agreement with Gateway
Cities; and the City of Los Angeles expanding its on -going copper
study to all the Los Angeles River and tributaries; and
WHEREAS, the Steering Committee has requested that the
cities vote on these recommendations and the project management
funding proposal; and
WHEREAS, the Director of Community Services & Water by memo
(dated February 6, 2007, has recommended that the City approve all five
recommendations as a means to develop an effective plan to comply with
the LA River Metals TMDL on a scientific basis in order to fairly
lallocate the estimated hundreds of millions of dollars in costs to
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1 mitigate the pollution and satisfy the LA River Metals TMDL
2 requirements.
3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
4 CITY OF VERNON AS FOLLOWS:
5 SECTION 1: The City Council of the City of Vernon hereby
6 finds and determines that the recitals contained hereinabove are true
7 and correct.
8 SECTION 2: The City Council of the City of Vernon hereby
9 approves the Steering Committee's five recommendations and supports
10 the recommended special studies, the project management
11 recommendation, the proposed project management funding formula
12 recommendation, the recommendation for the Gateway Cities Council of
13 Governments to act as the fiduciary agent and the recommendation to
14 allow City of Los Angeles to complete an SSO/WER study in an amount
15 equal to the City's portion of the special studies.
16 SECTION 3: The City Council of the City of Vernon hereby
17 authorizes the payment of its share of costs associated with the
18 funding of the Steering Committee's recommendations.
19 SECTION 4: The Director of Community Services & Water is
20 hereby authorized to complete and execute the City's ballot respecting
21 the Steering Committee recommendations.
22 SECTION 5: The City Council of the City of Vernon hereby
23 authorizes the Acting City Administrator, or his designee, to execute
24 any documents or take any action deemed necessary to implement and
25 carry out the purposes of this resolution.
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SECTION 6: The Acting City Clerk of the City of Vernon
shall certify to the passage of this resolution, and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 20th day of February, 2007.
ATTEST:
MATqUELA GIRON, A ting City Clerk
•2���.�- SAL �'
HILARIO GONZAL S, Mayor Pro-Tem
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, MANUELA GIRON, Acting City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution No.
9250, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Tuesday, February 20,
2007, and thereafter was duly signed by the Mayor, Pro-Tem of the City
of Vernon.
(SEAL)
MANUELA GIRONJ Acting City Clerk
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SUPPORTING
DOCUMENTS
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: February 22, 2007
TO: S. Kevin Wilson, Director of Community Services & Water
FROM: Nelly Giron, Deputy City Clerk
RE: Resolution No. 9250 - A Resolution of the City Council
of the City of Vernon Approving the Recommendations of
the Steering Committee, Los Angeles River Metals Total
Maximum Daily Load Regarding the NPDES Permit and
Authorizing the City to Do All Other Actions Deemed
Necessary or Advisable Concerning the Recommendations
Transmitted herewith is a copy of Resolution No. 9250,
referenced above, which was approved by City Council on February
20, 2007.
Thank you.
NG:dr
c: Resolution No. 9250
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LT lIV410 �e
COMMUNITY SERVICES & WATER DEPARTMENT
OFFICE MEMORANDUM
TO: Eric Fresch, Acting City Administrator
FROM: Samuel Kevin Wilson,'Director of Community Services & Water
DATE: February 6, 2007 g ES . q 2 �o
SUBJECT: National Pollutant Discharge Elimination System (NPDES) — Los Angeles River
Metals Total Maximum Daily Load (TMDL) — Funding of Special Studies —
Request for the City of Vernon to Vote its Support
The Los Angeles River Metals TMDL was adopted in December 2005 by the Los Angeles
Regional Water Quality Control Board (Board) and set numeric limits on the concentration limits of
metals such as cadmium, copper, lead and zinc. In addition, a mandatory monitoring plan for the LA
River Metals TMDL will be implemented by the Board in the future at a significant cost to the cities.
The monitoring plan has not been outlined and will depend on the limits of the metals. However,
compliance with the numeric limits requirement is to be determined over the next six years by
requiring the cities to undertake studies and develop plans to meet the limits. Thirty six of the forty
cities that are impacted along with the County of Los Angeles, Los Angeles County Sanitation District
and Caltrans have formed a Committee to assess the feasibility of undertaking scientific studies to
define the implementation responsibilities and methods of the LA River Metals TMDL. The
Committee is comprised of the City Managers of the cities impacted and has been meeting over the
course of the last six months. The Committee has concluded that two special scientific studies are
necessary to provide the scientific basis for compliance with the LA River Metals TMDL rather than
an arbitrary determination of the requirements for compliance. The Committee seeks to develop a
consensus of the cities to proceed with the scientific studies and approval of the funding mechanism
for these studies. The Committee recommends the following:
1. Undertaking a Site Specific Objectives/Water Effects Ratio Study and Atmospheric
Deposition/Watershed Runoff Study. The first study seeks to determine the toxicity of site
water in relation to laboratory test water and the second study seeks to determine the
contribution of metals by non -point sources. The first study is estimated to cost $2,180,000.00
and the second to cost $1,460,000.00 for a total of $3,640,000.00 over the next three years.
,,,
2. Recommends the retaining of a Project Manager to coordinate and complete the special
studies at a cost of $338,000.00 over the next three years.
3. Recommends the adoption of the cost sharing formula based upon a base amount of $500.00
plus a proportionate share by area of each entity. Each $100,000.00 of cost will add $1,147.30
to the cost for the City of Vernon. Total estimated cost over three years is approximately
$45,000.00.
4. Recommends that the Gateway Cities Council of Governments (GCCOG) serve as the
fiduciary agent by providing invoicing and auditing services. Each entity will be required to
enter into an implementation agreement with the GCCOG.
5. Recommends that the City of Los Angeles expand its on -going copper study to all the Los
Angeles River and tributaries.
The Committee has requested that the City of Vernon review each of the recommendations
and vote to support all five of the recommendations as well as committing to funding its share of the
costs. Moreover, the Committee believes that the studies will reveal the true sources of the pollution
so that the costs of the mitigation and monitoring required by the LA River TMDL will be correctly
allocated to those sources and therefore reduce the costs to the cities. Without these studies the past
arbitrary and unfair practices of the Board for other compliance requirements could be applied here
and the cities would not have justification for modification of the requirements. I believe that the
actions of this Committee are a reasoned and effective plan to comply with the LA River Metals
TMDL and will establish a scientific basis to fairly allocate the estimated hundreds of millions of
dollars in costs to mitigate the pollution and satisfy the LA River Metals TMDL requirements. I
recommend that the City of Vernon vote in favor of proceeding with the analysis and approving the
studies by voting to approve all five proposals.
SKW/sn
Enclosure
ItECOVED
January 25, 2007 i�AN 2 9 2001
MEMORANDUM 0001MU61t SetVices
TO: CITY MANAGERS
LOS ANGELES RIVER WATERSHED
FROM: STEERING COMMITTEE
LOS ANGELES RIVER METALS TMDL
SUBJECT: LA RIVER METAL TMDL — FUNDING OF PROJECT
MANAGEMENT - VOTE
Background:
Beginning in July of 2006, thirty-six of the forty Cities in the Los Angeles River
watershed, along with the County of Los Angeles, Caltrans and the Los Angeles County
Sanitation Districts recommended formation of a committee to assess the feasibility of
undertaking special scientific studies related to the Los Angeles River Metals TMDL
(TMDL).
The Steering Committee was formed in August of 2006 to discuss the studies, their
management needs and develop a funding formula. Independently, the Los Angeles
River Watershed Management Area Committee (LARWMAC) decided at its July 17,
2006 meeting to form a Los Angeles River Metals TMDL Compliance Subcommittee,
which has subsequently become known as the Los Angeles River Metals TMDL
Technical Committee (TC). The TC is currently writing the required water quality
monitoring plan, which is due for submittal to the Los Angeles Regional Water Quality
Control Board (Water Board) by April of this year.
This memorandum summarizes the Steering Committee's recommendations on the
special studies, management and funding needs. After careful review, the Committee
recommends two special scientific studies. These studies will be expensive — estimated
at $3.97 million over the next three -years. However, the Steering Committee strongly
believes that these studies should be completed in order to provide the science necessary
to properly support this TMDL and, if necessary, to modify the assigned TMDL waste
load allocations based on the results of these studies. This report also outlines a proposal
by the City of Los Angeles to complete one of the major scientific studies, which the
Steering Committee supports.
Based on this memorandum and detailed information previously sent to you, we seek to
develop consensus among the Cities on these recommendations and project manager
funding. We believe that the proposed funding formula shares the project management
costs in a fair and equitable manner.
Steering Committee Report
January 25, 2007
Page 3
The Steering Committee recommends that the City of Los Angeles expand the
copper SSO/WER study to apply to the entire Los Angeles River in an amount
equal to the City's portion of the special studies cost allocation. The study may
include other metal pollutants, such as zinc, lead and cadmium. The scope of this
study would be subject to Steering Committee approval. This recommendation
allows the City of Los Angeles to manage and complete this study.
Estimated Proiect Management and Special Studies Budgets
As summarized below, the total costs of the Los Angeles River Metals TMDL Special
Studies and Project Management, is estimated at $3.97 million, over a three-year period.
These cost estimates assume that there will be some overlap with the sampling for the
TMDL required monitoring plan and the sampling necessary for the studies. The costs of
the TMDL required monitoring plan are not included in these estimates. These costs will
be finalized later this year, upon review and approval of the plan by the Water Board.
Estimated Proiect Management and Special Studies Budget
Project Management
$338,700
SSO/WER Study
$2,180,000
Atmos/Dep/WS Survey
$1,460,000
Total $3.97 million
Summary
It is hoped that this memorandum provides you with sufficient information to vote on the
Steering Committee's five recommendations. Please do not hesitate to contact any of the
listed Steering Committee members if you have any questions.
We have attached a ballot for your decision on the committee's recommendations.
Please return the ballot by February 21, 2007. Completed ballots should be returned to
Richard Powers, Executive Director, GCCOG by FAX at 562-634-8216.
cc: Mr. Donald Wolfe, Director, LACDPW
Mr. Doug Failing, Director, Caltrans District 7
Mr. Jonathan Bishop, Executive Officer, LARWQCB
Dr. Mark Gold, Heal the Bay
Mr. Mark Pestrella, Assistant Director, LACDPW
Attachment: Ballot; Funding Formula/ Funding Schedule;
Steering Committee Membership List
Steering Committee Recommendations and
Proiect Management Funding Proposal — City Vote.
City of
Please mark your choice on the following committee recommendations and fax your ballot to
Richard Powers, Executive Director, GCCOG at (562) 634-8216. Ballots are due by Wednesday,.
February 21, 2007.
Recommendation # 1— Special Studies
❑ Support the Steering Committee's recommended special studies.
❑ Do not support the recommendation.
Recommendation # 2 — Proiect Management
❑ Support the Steering Committee's project management recommendation.
❑ Do not support the recommendation.
Recommendation # 3 - Proiect Management Funding Formula
❑ Support the Steering Committee's proposed funding formula.
❑ Do not support the proposed funding formula.
Recommendation # 4 — GCCOG as Fiduciary Agent
❑ Support the Steering Committee's recommendation for the GCCOG acting as the fiduciary
agent.
❑ Do not support the Steering Committee's recommendation.
Recommendation # 5 — City of Los Angeles — SSO/WER Studv
❑ Support the Steering Committee's recommendation to allow the City of Los Angeles to
complete the SSO/WER study in an amount equal to the City's portion of the special studies.
❑ Do not support the recommendation.
Name (please print): Date:
EXHIBIT B
LOS ANGELES RIVER METALS TMDL SPECIAL STUDIES
COST ALLOCATION FORMULA
Area in
Base
Allocation
Name
sq miles
Percentage
Rate
on Sq Miles
Total
Alhambra
7.6
0.012258262
500
968.40
1,468.40
Arcadia
10.93
0.017629317
500
1,392.72
1,892.72
Bell
2.74
0.004419426
500
349.13
849.13
Bell Gardens
2.48
0.004000065
500
316.01
816.01
Bradbury
1.4
0.002258101
500
178.39
678.39
Burbank
17.35
0.027984322
500
2,210.76
2,710.76
Caltrans
11.24
0.018129325
500
1,432.22
1,932.22
Calabasas
5.58
0.009000145
500
711.01
1,211.01
Carson
0.88
0.001419378
500
112.13
612.13
Commerce
6.56
0.010580816
500
835.88
1,335.88
Compton
8.6
0.013871191
500
1,095.82
1,595.82
Cudahy1.12
0.001806481
500
142.71
642.71
Downey
5.66
0.00912918
500
721.21
1,221.21
Duarte
2.3
0.003709737
500
293.07
793.07
El Monte
6.97
0.011242117
500
888.13
1,388.13
Glendale
30.62
0.049387893
500
3,901.64
4,401.64
Hidden Hills
1.57
0.002532299
500
200.05
700.05
Huntington Park
3.03
0.004887176
500
386.09
886.09
Irwindale
1.89
0.003048436
500
240.83
740.83
La Canada Flintrid a
8.57
0.013822804
500
1,092.00
1,592.00
Long Beach
16.66
0.026871401
500
2,122.84
2,622.84
Los Angeles
281.44
0.453942806
500
35,861.48
36,361.48
Lynwood
4.85
0.007822707
500
617.99
1,117.99
Maywood
1.18
0.001903257
500
150.36
650.36
Monrovia
10.34
0.016677688
500
1,317.54
1,817.54
Montebello
8.36
0.013484088
500
1,065.24
1,565.24
Monterey Park
7.66
0.012355038
500
976.05
1,476.05
Paramount
4.34
0.007000113
500
553.01
1,053.01
Pasadena
22.7
0.036613494
500
2,892.47
3,392.47
Pico Rivera
3.12
0.005032339
500
397.55
897.55
Rosemead
5.14
0.008290456
500
654.95
1,154.95
San Fernando
2.41
0.003887159
500
307.09
807.09
San Gabriel
4.12
0.006645268
500
524.98
1,024.98
San Marino
3.76
0.006064614
500
479.10
979.10
Sierra Madre
2.99
0.004822658
500
380.99
880.99
Signal Hill
1.13
0.00182261
500
143.99
643.99
South El Monte
2.09
0.003371022
500
266.31
766.31
South Gate
7.48
0.012064711
500
953.11 1
1,453.11
South Pasadena
1 3.431
0.0055323471
500
437.06 1
937.06
Funding Schedule
Special Studies for L.A. River Metals TMDL
�20c�;s>
Study #
Cost Item
Cost ($)
2
SSO, one-time cost
$ 146,714
2
SSO, Year 1 cost
$ 506,457
3
Paired atmospheric deposition - stormflow monitoring, Year 1 cost
$ 365,400
PM
Project Management, Year 1
$ 108,000
Year 1 total cost
$ 1,126,571
Study # Cost Item Cost
2 SSO, Year cost $ 1,012,914
3 Paired atmospheric deposition - stormflow monitoring, Year 2 cost $ 730,800
PM Project Management,, Year 2 $ 99,360
Year 2 total cost $ 1,843,074
Study # Cost Item Cost ($)
2 SSO, Year 3 cost $ 506,457
3 Paired atmospheric deposition - stormflow monitoring, Year 3 cost $ 365,400
PM Project Management, Year 3 $ 131,340
Year 3 total cost $ 1,003,197
Note: Funding schedule assumes that two complete years of annual costs would be spread approximately over thr,
years to accommodate normal lags between field data collection, laboratory analysis,
and data evaluation/reporting.