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Resolution No. 100483 M 5 6 7 8 9 10 11 12 13 14 15 16 17 18 190 KID 21 22 23 24 25 26 27 28 RESOLUTION NO. 10,048 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A MEMORANDUM OF AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND THE GATEWAY CITIES COUNCIL OF GOVERNMENTS REGARDING THE ADMINISTRATION AND COST SHARING FOR THE DEVELOPMENT OF THE COORDINATED IMPLEMENTATION PLAN FOR THE LOS ANGELES RIVER AND TRIBUTARIES METALS TMDL (REACH 1 AND COMPTON CREEK) WHEREAS, the U.S. Environmental Protection Agency approved the Los Angeles River Metals Total Maximum Daily Load (the "LAR Metals TMDL") as an amendment to the regional Water Quality Control Plan for the Los Angeles Region (the "Basin Plan") on December 22, 2005 and the LAR Metals TMDL became effective January 11, 2006; and WHEREAS, the LAR Metals TMDL organizes the six 303(d) listed reaches and tributaries of the Los Angeles River into responsible jurisdictional groups or reaches; and WHEREAS, the LAR Metals TMDL addresses impairments for selenium, zinc, lead, copper, and cadmium, and even though not all reaches,or tributaries were listed as impaired, metal allocations were developed for upstream reaches and tributaries that drain to impaired reaches; and WHEREAS, in September 2007, the Los Angeles Regional Water Quality Control Board (the "Board") adopted a Total Maximum Daily Load ("TMDL") which limits the amount of heavy metals such as copper, lead, zinc, cadmium and selenium that can.be carried by runoff into the Los Angeles River, which TMDLs are enforced through the State and Federal Discharge permits such as the Municipal Stormwater National Pollutant Discharge Elimination System ("NPDES"); and 3 4 5 6 7 8 9 10 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the purpose of the TMDL program for metals is to -clean-up impaired surface water bodies, to return (hose water bodies to their most beneficial use and to maintain clean-up levels, once (clean-up has been attained; and WHEREAS, the Board has divided the Los Angeles River into six different jurisdictional groups or reaches and the City of Vernon has approximately 300 acres of drainage area in Reach 1 and is located (within Reach 2; and WHEREAS, the City of Vernon is required to prepare and implement an Implementation Plan for both Reach 1 and Reach 2 designed to reduce the amount of metal pollutants in the Los Angeles River and its tributaries, in addition to providing compliance with the TMDL load allocations; and WHEREAS, the first compliance deadline for a submittal of a draft Implementation Plan is January 11, 2010 with a final Plan submitted by July 11, 2010; and WHEREAS, the cities within Reach 1 and Reach 2 have joined together and established a Technical Committee for each Reach to assist with the preparation of a coordinated Implementation Plan and said Committee has determined the most cost effective and expeditious means to develop an Implementation Plan is to secure the services of a qualified private consulting and engineering.firm; and WHEREAS, the Technical Committees for both Reach 1 and Reach 2 have recommended Camp Dresser and McKee, Inc. as the,consultant to prepare both coordinated Implementation Plans; and WHEREAS, since the coordinated Implementation Plans will require administration, invoicing of participating local agencies, bill payments and auditing, the cities participating in the 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ON 25 26 27 28 collaborative planning effort have requested the administrative services of Gateway Cities Council of Gbvernments (-"Gateway COG") for Reach 1 and the San Gabriel Valley Council of Governments ("SGVCOG") for Reach 2 (collectively, the "Council of Governments") to facilitate the successful development of both the draft and the final Implementation Plans; and WHEREAS, the participating cities desire to enter into a Memorandum of Agreement with the respective Council of Governments memorializing the terms and conditions under which the respective Council of Governments would provide administrative services, the funding of the costs being shared by the cities for the preparation of the draft and final Implementation Plans and the costs incurred by the respective Council of Governments; and WHEREAS, the estimated budget for the coordinated (Implementation Plan for Reach 1 is a sum not to exceed $200,000 and the estimated budget for Reach 2 is $251,435.00, with the City of Vernon's share estimated at $9,732.04 with $4,866.02 due upon execution of the Memorandum of Agreement for Reach 1 and $7,284.31 for Reach'2 with $3,642.15 due upon execution of the Memorandum of Agreement for Reach 2, subject to all agencies executing the Memorandum of Agreement; and WHEREAS, the Memorandum of Agreements for Reach 1 and Reach 2 were created to satisfy as many local requirements as possible so that all the participating cities could execute the Agreements and take advantage of the cost advantages, and City staff will work to resolve any issues that may arise with the staff of the Council of Governments for the protection of the City of Vernon, if it becomes necessary; and - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, by memo dated August 13, 2009, the Director of Community Services & Water has recommended that the City Council approve the Memorandum of Agreement for the administration and cost sharing of the development of the coordinated Implementation Plan for Reach 1 with the Gateway COG for an estimated budget not to exceed $200,000, with the City of Vernon's share estimated at $9,732.04, depending upon the number of agencies signing the agreement; and WHEREAS, the City Council of the City of Vernon has determined that, pursuant to the provisions of subsection (a) of Section 2.27 of the Vernon City Code, it is in the public interest and necessity to enter into a Memorandum of Agreement with the Gateway COG to prepare an Implementation Plan in a cost efficient and expeditious manner for the City of Vernon. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby (finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby approves the Memorandum of Agreement with the Gateway Cities Council of Governments Regarding the Administration and Cost Sharing for the Development of the Coordinated Implementation Plan for the Los Angeles River and.Tributaries Metals TMDL (Reach 1 and Compton Creek), in substantially the same form as the copy which is attached hereto as Exhibit A and incorporated by reference. SECTION 3: The City Council of the City of Vernon hereby authorizes the Mayor or Mayor Pro-Tem to execute the Agreement for, and on behalf of, the City of Vernon and the City Clerk, or Deputy - 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 City Clerk, is hereby authorized to attest thereto. -------SECTION 4: The City Administrator, or his designee, is authorized to pay the Gateway COG in accordance with the invoices submitted, with the first invoiced payment of fifty percent (50%) due upon signing of the Memorandum of Agreement, and the second, third, and fourth invoiced payment of twenty percent (20%), twenty percent (20%) and ten percent (10%), respectively, of the invoiced costs due on or about October 15, 2009, January 15, 2010 and June 1, 2010, respectively. Since the number of cities signing the Memorandum of Agreement may increase or decrease, the City's share of costs may need to be adjusted accordingly, therefore, the City Council of the City of Vernon hereby approves and authorizes the City Administrator, or his designee, to pay such increased or decreased share of costs as invoiced by Gateway COG respecting the Memorandum of Agreement adopted herein. SECTION 5: The City Administrator, or his designee, is hereby authorized to make whatever nonsubstantive changes, upon advice of counsel, to the Agreement and the City Administrator, or his designee, upon advice of counsel, is authorized to execute any and all related documents that become necessary to implement and carry out the purpose of this resolution. SECTION 6: The City Council of the City of Vernon hereby directs the City Clerk, or her designee, to send two executed Agreements to Gateway COG. - 5 - 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 7: The City Clerk of the City of Vernon shall certify to -the passage, approval and adoption of this resolution, an the City Clerk of the City of Vernon shall cause this resolution and her certification to be entered in the Book of Resolutions of the Council of this City. APPROVED AND ADOPTED this 24th day of August, 2009. ATTEST: MANUELA GIRON, dity Clerk Name: Hilario Gonza'-q Title: Mayor / Mayor Pro-Tem - 6 - 1 IISTATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) 3 4 I, MANUELA GIRON, City Clerk of the City of.Vernon, do hereby 5 certify that the foregoing Resolution, being Resolution No. 10,048, was 6 duly passed; approved and adopted by the City Council of the City of 7 Vernon at a regular meeting of the City Council duly held on Monday, 8 August 24, 2009, and thereafter was duly signed by the Mayor or Mayor 9 Pro-Tem of the City of Vernon. 10 Executed thisN01day of August, 2009, at Vernon, California 11 � 12 MANUELA GIRON, C ty Clerk 13 14 (SEAL) 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 7 - EXHIBIT A MEMORANDUM OF AGREEMENT THE GATEWAY CITIES COUNCIL OF GOVERNMENTS AND THE CITY OF VERNON REGARDING THE ADMINISTRATION AND COST SHARING FOR THE DEVELOPMENT OF THE COORDINATED IMPLEMENTATION PLAN FOR THE LOS ANGELES RIVE. R AND TRIBUTARIES METALS TMDL (REACH 1 AND COIVIPTON, CREEK) This Memorandum of Agreement ("Agreement") is made and entered into as of the date of the last signature set forth below by and between the Gateway Cities Council of Governments, a California joint powers authority. ("GCCOG"), and the City of Vernon, a California, municipal corporation ("City"); (hereinafter "Parry" or "Parties") with respect to the following: RECITALS WHEREAS, the mission of the GCCOG includes environmental planning and providing technically sound science and analyses to its member cities and agencies; and WHEREAS, seven -of the GCCOG's member ,cities are located within Reach 1 of the Los Angeles River and Compton Creek watersheds and the GCCOG has established effective working relationships with th'e-adjacent Councils of Governments; and WHEREAS, the GCCOG has previously` entered into interagency agreements,'successfully partnering with various cities, SCAG, and CALTRANS to undertake projects and studies of regional significance; and WHEREAS, the GCCOG is currently administering the Coordinated Monitoring Plan `and the Special Studies for the Metals TMDL for the Los Angeles River; and WHEREAS, the Regional Water -Qualify Control Board, Los Angeles Region ("Regional Board") adopted the Los , A igeles River and ' `Tributaries Metals Total Maximum Daily Load ("TMDL" or "Los Angeles River Metals TMDL") in September of 2007, with the intent of improving water quality in the Los Angeles River and it's tributaries; and WHEREAS, the Parties recognize that the TMDL is not self -enforcing, but could be legally enforceable once incorporated into the National Pollutant Discharge Elimination System Permit for Waste Discharge Requirements for Municipal Storm Water and Urban Runoff Discharges; and WHEREAS, this TMDL regulates the discharge of runoff, from, nine cities and the County unincorporated areas tributary to Reach 1 of the Los Angeles River and CALTRANS, herein referred to as collectively the "Regulated Entities" or singularly a "Regulated Entity", requiring a high degree of organization and cooperation from the local watershed agencies; and WHEREAS, this TMDL requires the preparation of a Coordinated Implementation Plan ("CIP") by the Regulated Entities that is designed to reduce the amount of metals pollutants in the Los Angeles River -and i es, in -addition lop compliance with the TMDL waste load allocations for both wet and dry weather; and WHEREAS, the County of Los Angeles and the 'City of Los Angeles will be independently preparing separate CIPs; and WHEREAS, a Los Angeles River Metals TMDL Reach '1 Technical Committee, consisting of representatives from the Regulated Entities, has been established with the purpose of preparing and submitting the CIP to the Regional Board; and WHEREAS, the Regulated Entities agree to prepare..a .draft CIP by January 11, 2010 and a final CIP by July 11, 2010, and to adopt and provide initial funding of this Agreement; and ; WHEREAS, the CIP requires administrative services that the Regulated Entities desire the GCCOG to perform, including contracting for the development of both the draft and final CIP and other related activities; and WHEREAS, the GCCOG has agreed to provide such administrative services to the Regulated Entities. to. facilitate the successful development of the CIP; and WHEREAS, the Regulated Entities have agreed to share in fully funding the costs of the CIP, including those costs incurred by the GCCOG in administering this Agreement, based on the cost allocation formula contained in Exhibit A and the ,estimated Implementation Plan in Exhibit B of this Agreement; and. WHEREAS, the GCCOG and the Regulated Entities agree to employ consultants as needed to prepare the CIP, and the Regulated Entities are willing to pay the consultants for their services through the GCCOG; and WHEREAS, GCCOG will execute similar cost-sharing;agreements with all other participating Regulated Entities before this.agreement becomes enforceable; unless.stated otherwise elsewhere in this Agreement. 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 Agreement. Section 2. Purpose. The purpose of this Agreement is to provide a mechanism whereby the GCCOG, such that the GCCOG can administer the necessary professional services, contracts to develop the CIP on behalf of the Regulated Entities. Section 3. Cooperation.. The Parties shall fully cooperate with one another to attain the purposes of this Agreement. Section 4. ppVoluntary Nature. Individual Regulated Entities have: the option of requesting aroval from the Regional,Board to prepare a,separate Implementation Plan, This Agreement is .voluntarily entered into for the development of the CIP and will. be applicable to only those Regulated Entities signatory to this Agreement. Section 5. Term.. The term of this Agreement shall remain and continue in effect until completion of the CIP and acceptance of the CIP by the Regional Board. Section 6. Coordinated Implementation Plan. The Los Angeles River Metals TM )L CIP shall include.: implementation methods, an implementation schedule, proposed milestones, and any applicable revisions to. the TM )L.effectiveness monitoring plan. Section 7. Assessment -for Proportional Costs of the. CIP. The City agrees to provide funds to the GCCOG in the amount shown in Exhibit A and the estimated development costs in:Exhibit B. The GCCOG will invoice, the City as set forth - in Section 9- below; based on allocated. GIP costs, which includes an estimated $10,000 for administrative costs incurred by the GCCOG in. the performance of its duties under this Agreement. The GCCOG administrative costs::include compensation for staff time, . audit expenses, and; costsincurred in administrating agreements.. Any overpayment, or underpayment .of the. CIP costs shall be credited or billed to the _City: upon acceptance of the CIP by the Los,Angeles Regional Water QualiW .Control Board. Should any city decide not to participate in the CIP, each remaining city'-s costs will be proportionally .increased based upon on the land areas as shown on Exhibit A. Section 8. Role of the GCCOG. The GCCOG shall enter into substantially and materially similar agreements with .each of the Regulated Entities. to effectuate the CIP, invoice and collect from the Regulated Entities the estimated amounts identified in Exhibit A. Section .9- Invoice and Payment. a) The GCCOG shall invoice each Regulated Entity. The: first invoice will ,be fifty (50) per cent of the estimated final cost of the completion of the CIP. Payment of this 50 percent is due upon signing of this agreement with the understanding that all Regulated Entities will execute the agreement not later than July .30, 2009. The second, third and fourth invoices for twenty (20), ,twenty (20) and ten (10) per cent respectively of the estimated cost shall be sent to the Regulated Entities by the GCCOG on or about October 15, 2009, January 15, 20.10 and June 1, 2010 respectively b) Late Payment Penalty — As of October 15, 2009, any payment that is late shall be subject to interest on the original amount due from the date that the payment first became due. The interest rate shall be equal to the Prime Rate in effect when the payment first became due plus one percent for any payment that is made from 1 to 3'0 days after the due date. The Prime Rate in effect when the payment first became dueplus five(5) percent shall apply for any payment that is made from 31 to 60 days after the due date. The Prime Rate in effect when the payment first became due plus ten (10) percent shall apply for any payment that is made more than 60 days after the due date. The rates shall, nevertheless, not exceed the maximum allowed by law. c) Delinquent Payments - A Regulated Entity's payment is considered to be delinquent 60 days -after -being invoiced by the GCCOG The following procedure may be implemented to`attain payments from the delinquent Regulated Entity 'or Entities per instructions from the Technical Committee: 1) verbally contact/meet with the manager from the delinquent Regulated Entity or Entities, 2) submit a formal letter to the delinquent Regulated Entity or Entities from the GCCOG attorney, and'3) notify the Regional Board that the delinquent Regulated Entity or 'Entities 'are no longer a participating member of the CIP. If a Regulated Entity or Entities remain delinquent after`the above procedures,-' then any delinquent amount(s) will be distributed in the following invoice amongst all remaining` Regulated Entities' -proportionate to each Entity's area as it relates to the overall remaining total Regulated Entities area, excluding the delinquent Regulated Entity or Entities and all references to the delinquent Regulated Entity will be removed. -from -the CIP. The Technical Committee will revise Exhibit A to show the recalculated costs for each participating Regulated Entity; these revised exhibits will be sent to the GCCOG and included with the -invoices to the Regulated Entities. d) Interest Accrual Any interest accrued on the funds collected per this Agreement' during the term of this Agreement shall be redeposited into the appropriate account and used for development of the CIP. The O— CCOG `shall report on an annual basis`to the Technical Committee the `amount of interest accrued `by the CIP account(s). Section 10. Independent Contractor. a) The GCCOG is and shall at all times remain a wholly independent 'contractor for performance of the obligations described in this Agreement: The GCCOG officers; employees and agents performing such. obligations shall at --all times be under the GCCOG's exclusive control. The Regulated Entities shall not have control over the conduct°`of the GCCOG'or any of its.officers, employees or agents, except as set forth in this Agreement. The GCCOG, and its officers; employees,`or agents are not and shall notbe` deemed to be'employees of the Regulated Entities. b) No employee benefits ` shall be available to the GCCOG in connection with the performance of its obligations under this Agreement. The GCCOG is solely responsible for the payment of salaries, wages, other compensation, employment taxes, worker's compensation, or similar taxes for its employees for performing obligations hereunder. c) The Regulated Entities will retain control of the consultant(s)' work product and the schedule for submitting the CIP to the, Regional Board. The GCCOG will use reasonable efforts to work with the Regulated Entities to ensure that the draft CIP is submitted by January 11, 2010,..and .the final CIP is submitted by July 11, 2010. However, the Regulated Entities recognize that the draft CIP is due by January 11, 2010 and that this .deadline might not be met despite the best efforts of the GCCOG and the Regulated Entities. Section 11. Indemnification. To the fullest extent permitted by law, the City, and the. GCCOG agree to save, indemnify, defend, and hold harmless each other from any and all liability, claims, suits, actions, arbitration proceedings, administrative proceedings, and regulatory proceedings, losses, expenses, or any injury or damage of any kind whatsoever, whether actual, alleged or threatened, attorney fees, court costs, and any other costs of any nature without restriction incurred in relation to, as a consequence of, or arising out of, the performance of this Agreement, and attributable to the fault of the other. Following a determination of the percentage of fault and or liability by agreement between the Parties or a court ;of competent . jurisdiction, the Party responsible for liability to the other will indemnify the other Party to this Agreement for the percentage of liability determined. The GCCOG will be held - harmless from any Regional Board Notice of Violations or third -party litigation resulting ,from failure .of the Regulated Entities to meet the compliance deadlines in. the Los_ Angeles River MetalsTMDL for submission of ,the draft and final CIP. Section 12. Termination of Agreement. Either Parry may. terminate this Agreement for. any reason; in whole or part; by giving the other Party thirty (30) days written notice thereof. The City shall be responsible for the allocated costs of CIP activities incurred up to the date of the termination. GCCOG shall notify in writing all Regulated Entities within fourteen (14) days of receiving written notice from any Regulated Entity that intends, to terminate this Agreement. The remaining Regulated Entities shall be responsible for increasing their cost contribution .proportionally based upon the land area as shown in Exhibit A. Section 13. Miscellaneous. a) Notices. All notices which any Party is required or desires 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 GCCOG: Mr. Richard Powers Executive Director Gateway Cities Council of Governments 16401 Paramount Blvd Paramount, CA 90723 To City of Vernon: Manuela Giron City Clerk 4305 Santa Fe Avenue Vernon, CA 90058 b) Separate Accounting and Auditing_ The GCCOG agrees to establish a separate account to track the revenues from the Regulated Entities and the expenses from of the CIP. Quarterly financial " statements and the annual audit will be made available to all of the participating Regulated Entities. c) Binding Effect. This Agreement shall be :binding upon and inure to the .benefit of each Party to this Agreement and their respective heirs, administrators, representatives, successors and assigns. d) Amendment. The terms and provisions of this Agreement may not be amended, modified or waived, except by- an instrument in writing signed by the Parties. e) Waiver. Waiver by any Party to: this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party to any breach of -the provisions 'of this Agreement shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation' of any provision' of this Agreement. f) Law to Govern; Venue. This Agreement shall be interpreted, construed, and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in the state trial courts shall lie exclusively in the County of Los Angeles. g) No Presumption in Drafting_ The Parties to this Agreement agree that the general rule: that an Agreement is to be interpreted against the Party drafting it, or causing it to be prepared shall not apply. h) Entire Agreement. This Agreement constitutes the entire agreement of the Parties with respect to the 'subject matter hereof and supersedes all prior or contemporaneous, agreements, whether written or oral, with respect thereto. i) Severability. If any term, provision, condition or -covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and this Agreement shall be read and constructed _without the invalid, void,_ or unenforceable provision(s). j) Counterparts. This Agreerneut. may be executed in any number of counterparts, each of which shall be. an original, but all of which taken together shall constitute but one and the same instrument, provided, however, that such counterparts shall have been delivered to both Parties to this Agreement. IN WITNESS WHEREOF, the Parties_ hereto have caused this Agreement to be executed on their behalf, respectively, as follows: DATE: ATTEST: Manuela Giron, City Clerk APPROVED AS TO FORM: Laurence Wiener, City Attorney DATE: ATTEST: Richard Powers, Secretary CITY OF VERNON Hilario Gonzales, Mayor GATEWAY CITIES COUNCIL OF GOVERNMENTS Anne M. Bayer, President EXHIBIT A EXHIBIT A - LOS ANGELES`RIVER METALS TMDL COORDINATED IMPLEMENTATION PLAN COST ALLOCATION FORMULA (showing cost allocation for every $100,000 in costs) EXHIBIT B EXHIBIT B SCOPE OF WORK 1. Characterization of Current and Historic Metal Pollutant Loads Review existing sampling results from sources including: a. WER Study — Cities of Burbank and Los Angeles b. Trends and Status - City of Los Angeles c. Mass emissions station - County of Los Angeles d. Coordinated Monitoring Program — Los Angeles River Technical Committee '2. Characterization and Evaluation of Potential Pollutant Sources Review and investigation sources and contributions of.metal pollutants a. Lands use characterization information (City of Los Angeles' existing GIS watershed data) b. Specific sources (i.e: copper sulfate exposed galvanized metal, irrigation, etc.) c Aerial deposition - various scientific studies d. Industrial sites - state's GIASP program e. Construction sites - state's GCASP program 3. Source Control Pollutant Reduction Strategies Investigate the impact of municipal source control measures to meet compliance goals a. Street sweeping,. b. Public Outreach, C. , Water Conservation, etc. 4. Treatment Pollutant Reduction Strategies Investigation of the effectiveness of treatment controls a. Existing Treatment controls (infiltration, capture and reuse, filtration, etc.) b. Evaluation of the effectiveness of various treatment system and locations c. Recommendations for regional or sub -regional treatment systems 5. Compliance Monitoring Evaluation and determination of the need, location and design of additional (Tier 3) monitoring stations 6. Report Preparation and Schedule Draft Report submitted to the Regional Board on or before January 11, 2010 Final Report incorporating Regional Board comments submitted by July 11, 2010 Cost: ........................................................................................... Not to Exceed $200,000 T_Y CLERK-'-S OFFIC INTEROFFICE MEMORANDUM DATE: September 22, 2009 TO: S. Kevin Wilson, Director of Community Services & Water FR Nelly Giron, City Clerk RE: Resolution No. 10,048 = A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Memorandum of Agreement By and Between the City of Vernon and the Gateway Cities Council of Governments Regarding the Administration and Cost Sharing for the Development of the Coordinated Implementation Plan for the Los Angeles River and Tributaries Metals TMDL (Reach 1 and Compton Creek) Transmitted herewith is a copy of Resolution No. 10,048, referenced above, which was approved by City Council on August 24, 2009, along with a copy of the fully executed agreement. Thank you. NG:dj c: Resolution No. 10,048 Agreement 09-106 MEMORANDUM OF AGREEMENT BETWEEN THE GATEWAY CITIES COUNCIL OF GOVERNMENTS AND THE CITY OF VERNON ; REGARDING THE ADMINISTRATION AND COST SHARING FOR THE DEVELOPMENT OF THE COORDINATED IMPLEMENTATION PLAN FOR THE LOS ANGELES RIVER AND TRIBUTARIES.METALS TMDL (REACH 1 AND COMPTON CREEK) This Memorandum of Agreement ("Agreement") is made and entered into as of the date of the last signature set forth below by and between the Gateway Cities Council of Governments, a California joint powers authority ("GCCOG"), and the City of Vernon, a'California municipal corporation "Ci " " i rp ( ty ); (hereinafter Party"' or "Parties") wrth respect to'the followings RECITALS WHEREAS; the mission of the GCCOG includes environmental planning and providing technically sound science and analyses to its member cities and agencies; and WHEREAS, sevenof the GCCOG's member=cities are located within Reach 1"of the'Los Angeles River and Compton Creek watersheds and the GCCOG has established effective working relationships with the'adjaeent Councils of Governments; and WHEREAS, the GCCOG has previously. entered into interagency agreements, "successfully partnering with various cities, SCAG, and CALTRANS to undertake projects and studies of regional significance; and WHEREAS, the GCCOG is currently administering the Coordinated` Monitoring Plan'and the Special Studies for the Metals TMDL for the Los Angeles River; and WHEREAS, 'the Regional Water Qua1'ity' Control Board, Los Angeles' Region ("Regional Board") adopted the Los `Angeles River and "Tributaries Metals Total` Maximum Daily 'Load ("TMDL" or "Los Angeles River Metals TMDL") in September of , 2007, 'with the intent of improving water quality in the Los Angeles River and its 'tributaries; and WHEREAS, the Parties recognize that the TMDL is not self -enforcing, but could be legally enforceable once incorporated into the National` Pollutant Discharge Elimination SystemTermit for Waste Discharge Requirements for Municipal Storm Water and Urban Runoff Discharges; and WHEREAS, this TMDL regulates the discharge of runoff. from, nine cities and the County unincorporated areas tributary to Reach 1 of the Los Angeles River and CALTRANS, herein referred to as collectively the "Regulated Entities" or singularly a "Regulated Entity", requiring a high degree of organization and cooperation from the local watershed agencies; and WHEREAS, this TMDL requires the preparation of a Coordinated Implementation Plan ("CIP")_by theRegu_l_at_e_d Entities-that-s desig ned to reduce _the -amount -of metals -pollutants _in_the _ Los Angeles River and its tributaries, in addition to proving compliance with the TMDL waste load allocations for both wet and dry weather; and WHEREAS, the County of Los Angeles and the City of Los Angeles will be independently preparing separate CIPs; and WHEREAS, a Los Angeles River Metals TMDL Reach I Technical Committee, consisting of representatives from the 'Regulated Entities, has been established with the purpose of preparing and submitting the CIP to the Regional Board; and WHEREAS, the Regulated Entities agree to prepare ,a, draft CIP by January 11, 2010 and a final CIP by July 11, 2010, and to adopt and provide initial funding of this. Agreement; and u WHEREAS, the CIP requires administrative services that the. Regulated Entities desire the GCCOG to perform, including contracting for the development of both the draft and final CIP and other related activities; and WHEREAS, the GCCOG has agreed to provide such administrative services to the Regulated. Entities to facilitate the successful, development of the CIP; and WHEREAS, the Regulated Entities have agreed to share in fully funding the costs of the CIP, including those costs incurred by the GCCOG in administering this Agreement, based on the cost allocation for contained in Exhibit A, and the estimated Implementation Plan in, Exhibit B of this Agreement and WHEREAS, the GCCOG and the Regulated Entities agree to employ consultants as needed to prepare the. CIP., and the Regulated Entities are willing to pay the consultants for their services through the GCCOG; and .WHEREAS, GCCOG will execute similar cost ,sharing agreements with all other - participating Regulated Entities before this.agreement becomes enforceable, unless stated otherwise elsewhere in this Agreement. 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 Agreement. _Section,2. Purpose., , The purpose_of this Agreement is to_provide_a mechanism .whereby _the _ Regulated Entities cooperatively fund the development of the CIP and provide funding to the GCCOG, such ; that the GCCOG can administer the necessary professional services contracts to develop the CIP on behalf of the Regulated Entities. Section 3. Cooperation.. The Parties shall, fully cooperate with one another to. attain the purposes of this Agreement. Section 4. Voluntaru.Nature. Individual Regulated Entitieshave, the option of requesting approval from; the Regional„Board to prepare a ,separate Implementation Plan.. This Agreement is voluntarily entered into for the development- of the CIP .and will ..be applicable to only those Regulated Entities signatory to this:Agreement. Section 5. Term.. The term of this Agreement shall remain and continue in effect until completion of the CIP and acceptance of the CIP by the Regional Board. Section 6. Coordinated Implementation Plan.. The Los Angeles River Metals,TMDL CIP shall include: implementation methods, an implementation schedule, proposed milestones, and any applicable revisions to the TMDL effectiveness monitoring plan. Section 7. Assessment for Proportional -Costs of the..CIP.; The City, agrees to provide funds to the GCCOG in the amount, shown in Exhibit A and the estimated developmentl costs in Exhibit B. The GCCOG will invoice the City ?as set forth in Section 9-below, based on allocated . ClP costs, which includes an estimated $10,000 for administrative costs incurred by the GCCOG in, the performance of its duties under this Agreement. The GCCOG administrative costs:: include compensation for staff time, audit expenses, and, costs incurred in administrating agreements. Any, J.overpayinent,,,or underpayment of the CIP costs, shall be credited or billed to the .City. upon acceptance of the CIP by the Los. Angeles Regional Water Quality Control Board. Should any city decide not to participate in. the, CIP, each remaining city',.s costs ;will be proportionally .increased based upon on the land areas as shown on Exhibit A. Section 8. Role of the GCCOG. The GCCOG shall enter into substantially and materially similar agreements with each of the Regulated Entities to effectuate the CIP; invoice and collect from the Regulated, Entities the estimated amounts identified in Exhibit A. Section.9.. Invoice and Payment., a) The GCCOG shall invoice each Regulated Entity. The first invoice will�be fifty (50) per cent ,of the estimated final cost -of the completion of the CIP. Payment of this 50 percent is due upon signing of this,agreement with the understanding that all Regulated Entities will execute the. agreement not later than July 30, 2009. The second, third and fourth invoices for twenty (20), twenty (20) and ten (10),per cent respectively of the estimated cost shall be sent:to the Regulated Entities by the GCCOG on or about.,October 15, 2009, January 15, 2010 and June 1 2010 respectively b) Late Payment Penalty - As of October 15, 2009, any payment that is late shall be subject to interest on the original amount due from the date that the payment first became due. _- `The _interest -rate _shall -lie_ eggnh1tdotlfbePminw_lt` _fit-cf6ba v&m=the "payment -firs# - became due plus one p6icentififrian"jayyumittliattis ma& Emma I to 30 days after the due date. The Prime Rate in ne et;tvahl.wtHevpwBn=w ffimt bmcmedne plus five '(5), percent shall apply for any ppyty nhlthhttissr die-fi 31 th 6 days Miter the due date. The Prime Rate in effect whbwthetppypavA.tffrstt dw p1m ten (10) percent shall apply for any payment that ` stsrnadd eeth'am 60 dfow afkr the due date. The rates; shall, nevertheless, not exceed(tltbmmaxiiwmW, lbawdib y-1 . c)Delinquent Payinents = A RegpldtddMW s5�zflnamu&- to be delinquent 6o days I after being invoiced bd6, thlLte i'. UM f911VWi4mg g100edure may be implemented to 'attain paymentnsffamiitblwdidiiiq>nW I.giratted Fmfity or Entities per instructions from the Technic6l( omrimiftbe: ll)) v ar llly a6m1mcdiiwd with the manager from the delinquent Regulatedcl l iV ov- >fntfff*, 2)) wbaik a. formal letter to the. delinquent Regulated' Entity berl3 hii6ss ffAm thr, GCCM gyp and'3) notify the Regional Board that the delifiqumtt Ibaplhm& Eli y or `'Vi hies 'are no longer a participating member of the CIP: IffaallboMbd ffir& or Ekfifi es remain delinquent after the above procedures, then aW dilii Gantt ainbunK(s:) vnM! be distributed in the following' invoice amongst . all remaining Ze�tedf Entities proportionate to each Entity's area as it relates to `the overalll remainirrg;tIaW ltted Entities area, excluding the delinquent Regulated Entity or Entities and] a T afiazem to the delinquent Regulated Entity will be-removed.from the CIP. The Tecliftit4i Commnittee will revise Exhibit A to show the recalculated costs for each participa 'dim 'RegL"l 6d Entity; these revised exhibits will be sent to the GCCOG' and includlk& wM,. the invoices to the' Regulated Entities. d) Interest Accrual - Any `interest accrued on the funds: call'ected per this Agreement during the term of this Agreement shall 'be redeposited into the appropriate account and used for development of the CIP.` The"GCCOG shall "'report oGn an aimual basis`to the Technical Committee`the'amount of interest accrue d by the CIP aceount(s) Section 10. Independent Contractor. a)' The GCCOG is and sltall at all times remain a` wholly independent contractor for performance of the obligations described in this Agreement. The GCCOG officers, employees and agents performing such obligations shall at all times be' under the GCCOG's exclusive control. The Regulated Entities shall not have control over the conduct'of the GCCOG 'or any of its' officers, employees or agents, except as set forth in this Agree ent. The GCCOG, and its officers; ethploy9; � or agents are not and shall not be deemed to be'empioyees of the Regulated Entities. b) No employee benefits `shall be available' to the GCCOG" in connection with the performance of 'its obligations under this Agreement. The GCCOG is solely responsible for the payment of salaries, wages,' other 6ompensation, eniploymenIt taxes, worker's compensation, or similar taxes for its employees for performing obligations hereunder. _c) The_ Regulated -Entities will. retain__control_of_the consultant(s)' work -product --and the schedule for submitting the. CIP to the Regional Board. The GCCOG will use reasonable efforts to work with. the Regulated Entities to ensure that the draft CIP is submitted by January 11, 2010 and the final CIP is submitted by July 11, 2010. However, the Regulated Entities recognize that the draft CIP is due by January 11, 2010 and that this deadline might not be met despite the best efforts of the GCCOG and the Regulated Entities. Section 11. Indemnification. To the fullest extent permitted by law; the City, and the GCCOG agree to save, indemnify, defend, and hold harmless each other from any and all liability, claims, suits, actions, arbitration proceedings, administrative proceedings; and regulatory proceedings, losses, expenses, or any injury or damage of any kind whatsoever, whether actual, alleged or threatened, attorney fees, court costs, and any other, costs of any nature without restriction incurred in relation to, as a consequence of, or arising out of, the performance of this Agreement, and attributable to the fault of the other. Following a determination of the percentage of fault and or liability by agreement between the Parties or a court ,of competent . jurisdiction, the Party responsible for liability to the other will indemnify the .other Party to this Agreement for the percentage of liability determined.. The GCCOG will be held harmless from any Regional Board Notice of Violations or third -party litigation resulting .:from failure .of the Regulated Entities to meet the compliance deadlines in. the Los Angeles -River Metals TMDL for submission of the draft andfinalCIP. Section 12. Termination of Agreement. Either Party may terminate this Agreement for any reason, in whole or part, by giving the other Party thirty (30) days written notice thereof. The City shall be responsible for the allocated costs of CIP activities incurred up to the date of the termination. GCCOG shall notify in writing all Regulated Entities within fourteen (14) days of receiving written notice from any Regulated Entity that intends, to :terminate this Agreement. The remaining Regulated Entities shall be responsible for increasing their cost contribution proportionally based upon the land area as shown in Exhibit A. Section 13. Miscellaneous. a) Notices. All notices which any Party is required or desires 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: _T_o GCCOG--- - -Mr.-Richard-Powers --- - - Executive Director GatewayCities' Council of Governments 16401 Paramount Blvd Paramount, CA 90723 To City of Vernon: Manuela Giron City Clerk 4305 Santa Fe Avenue Vernon, CA 90058 b) Separate Accounting and Auditing, The GCCOG 'agrees to establish a separate account to track the revenues from the' Regulated Entities and the expenses from of the CIP. Quarterly financial ' statements and the annual audit will be made available to all of the participating Regulated Entities: c) Binding Effect. This Agreement -shall be binding upon 'and inure to the benefit of each Party to this Agreement and their respective heirs, administrators, representatives, successors and assigns. d) Amendment. The terms and provisions of this Agreement may not be amended, modified or waived, except by an instrument in writing signed by the Parties. e) Waiver. Waiver by any Party to: this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party to any breach of the provisions of this Agreement shall not constitute a waiver of any other' provision, nor a waiver of any subsequent breach or violation of provision' of this Agreement. f) Law to Govern: Venue. This Agreement shall be interpreted, construed, and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in the state trial courts shall lie exclusively in the County of Los Angeles. g) No Presumption in Drafting. The Parties to this Agreement agree that the general rule that an Agreement is to be interpreted against the Party drafting it, or causing it to be prepared shall not apply. h) Entire Agreement. This Agreement constitutes the entire agreement of the Parties with respect to the 'subject matter hereof and supersedes all prior or contemporaneous agreements, whether written or oral, with respect thereto. i) Severability. If any term, provision, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and this Agreement -shall-be read __and_ constructed_ without -the--invalid,'-void, unenforceable provision(s). j) Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all, of which taken together shall constitute but one and the same instrument, provided, however, that ;such counterparts shall have been delivered to both Parties to this Agreement. ATTEST: /2�� A� anuela Giron, City Clerk APP UE S TO FO L fence Wiener, City Attorney EXHIBIT A LOS ANGELES RIVER METALS TMDL COORDINATED IMPLEMENTATION PLAN COST ALLOCATION FORMULA (showing cost allocation for every $100,000 in costs) EXHIBIT B SCOPE OF WORK 1. Characterization of Current and Historic Metal Pollutant Loads Review existing sampling results from sources including: a. WER Study - Cities of Burbank and Los Angeles b. Trends and Status - City of Los Angeles c. Mass emissions station - County of Los Angeles d. Coordinated Monitoring Program - Los Angeles River Technical Committee 2. Characterization and Evaluation of Potential Pollutant Sources Review, and investigation sources and contributions of_metal pollutants a. Lands use characterization information (City of Los Angeles' existing GIS watershed data) b. Specific sources (i.e: copper sulfate exposed galvanized metal, irrigation, etc.) c. Aerial deposition - various scientific studies d. Industrial sites - state's GIASP program e. Construction sites - state's GCASP program 3. Source Control Pollutant Reduction Strategies Investigate the impact of municipal source control measures to meet compliance goals a. Street sweeping, -b. Public Outreach, c. Water Conservation, etc. 4. Treatment Pollutant Reduction Strategies Investigation of the effectiveness of treatment controls a. Existing Treatment controls (infiltration, capture and reuse, filtration, etc.) b. Evaluation of the effectiveness of various treatment system and locations c. Recommendations for regional or sub -regional treatment systems 5. Compliance Monitoring Evaluation and determination of the need, location and design of additional (Tier 3) monitoring stations 6. Report Preparation and Schedule Draft Report submitted to the Regional Board on or before January 11, 2010 Final Report incorporating Regional Board comments submitted by July 11, 2010 Cost: ........................................................................................... Not to Exceed $200,000 of Vp ------------ `sLVELY INOV� COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM TO: Manuela Giron, City Clerk FROM: Samuel Kevin Wilson; Director of Community Services & Water DATE: September 16, 2009 SUBJECT: MEMORANDUM OF AGREEMENT BETWEEN THE GATEWAY CITIES COUNCIL OF GOVERNMENTS AND THE CITY OF VERNON Enclosed herewith for your file is the fully executed Memorandum of Agreement between the Gateway Cities Council of Governments and the City of Vernon as approved by City Council under Resolution No. 10048. SKW/ca Enclosure ` ul' 1 8 2009 APPROVED AUG 2 4 '09 CITY COUNCIL MY CLERK'S OFFICE STAFF REPORT COMMUNITY SERVICES & WATER DEPARTMENT CITY CLERK DISTRIBUTION DATE: August 13, 2009 TO: Honorable Mayor and City Council Y t3' - - FROM: Samuel Kevin Wilson, Director of Community Services & Water RE: National Pollutant Discharge Elimination System (NPDES) — Metals Total Maximum Load (TMDL) - Implementation Plan for Reach 1 and Reach 2 Gateway Cities Council of Governments and San Gabriel Council of Governments Memoranda of Agreement The U. S. EPA approved the Los Angeles River Metals TMDL as an amendment to the regional Water Quality Control Plan for the Los Angeles Region (Basin Plan) on December 22, 2005 and the TMDL became effective January 11, 2006. The.LAR Metals TMDL organizes the six 303(d) listed reaches and tributaries of the Los Angeles River into responsible Jurisdictional Groups or Reaches. This TMDL addresses impairments for selenium, zinc, lead, copper, and cadmium, and even though not all reaches or tributaries were listed as impaired, metal allocations were developed for upstream reaches and tributaries that drain to impaired reaches. Selenium, most probably, leaches from natural areas with high selenium containing soils in the Santa Monica Mountains. Zinc, lead, copper and cadmium may be associated with industrial discharges to sewage treatment plants, runoff from roadways, parking lots, and other areas associated with vehicle usage, and atmospheric deposition over the entire watershed. Several segments or reachesof the Los Angeles River have been identified by the Los Angeles Regional Water Quality Control Board (RWQCB) as having exceeded water quality objectives for a variety of metals. For this reason, the Federal Clean Water Act requires a Total Maximum Daily Load (TMDL) be developed to restore the impaired waterbodies to their full beneficial uses. Consequently, in September 2007, the Los Angeles Regional Water Quality Control Board (Board) adopted a TMDL which limits the amount of heavy metals such as copper, lead, zinc, cadmium and selenium that can be carried by runoff into the Los Angeles River. TMDLs are enforced through the State and Federal Discharge permits such as the Municipal Stormwater National Pollutant Discharge Elimination System (NPDES). The purpose of the TMDL program for metals is to: 1) to clean-up impaired surface water bodies, 2) to return those water bodies to their most beneficial use, 3) to maintain clean-up levels, once clean-up has been attained. The Regional Board has divided the Los Angeles River into six different jurisdictional groups or reaches. The City of Vernon is required to prepare and implement an Implementation Plan designed to reduce the amount of metal pollutants in the Los Angeles Rivers and its tributaries, in addition to providing compliance with the TMDL load allocations. The City of Vernon is located within Reach 2 and has approximately 5 square miles that are tributary to the Los Angeles River. In addition, the City has approximately 300 acres of drainage area in Reach 1. The City requested that it be allowed by the Board to be deleted from Reach I but the Board denied the request. The City will now have to participate in the development of an Implementation Plan for each Reach. The first compliance deadline for a submittal of a draft Implementation Plan is January 11, 2010 with a final Plan submittal by July 11, 2010. Initially, the County of Los Angeles was to take the lead to prepare the Implementation Plan and that each City would contribute a fair share of the plan development costs. However the County of Los Angeles has decided to prepare a plan only for the unincorporated areas in the County of Los Angeles and not participate in a collaborative planning effort. This decision has left all other cities; including City of Vernon; to quickly formulate an implementation plan. The cities within Reach 1 and Reach 2 have joined together and established a Technical Committee for each Reach to assist with the preparation of a coordinated Implementation Plan. The Technical Committees, comprised of staff from many cities, has determined that the most cost effective and expeditious means to develop an Implementation Plan is to secure the services of a qualified private consulting and engineering firm. In Reach 1, the. Technical Committee determined that the consultant preparing the Implementation Plan for all the areas of the City of Los Angeles, Camp Dresser and McKee, Inc. (CDM) has completed the preliminary analysis and reach characterization study for the City of Los Angeles that encompasses a significant portion of Reach 1. Through this work, CDM would-be able to efficiently begin and create an implementation plan. Initially, the Technical Committee for Reach 2 requested proposals from two private consulting firms - CDM and Tetra Tech, the consultants preparing the Implementation Plan for the County of Los Angeles. Tetra Tech subsequently declined the opportunity to submit a proposal but CDM has provided a comprehensive proposal. Due in part to the time constraints of meeting the deadlines imposed by the Regional Board, the Technical Committees for both Reach 1 and Reach 2 have recommended CDM as the consultant for the preparation of both coordinated Implementation Plans. CDM's proposed scope of work for each reach can be found in Exhibit B of the MOA for each reach. Since the coordinated Implementation Plan will require administration, invoicing of participating local agencies, bill payments and auditing, the Cities, in order to expedite the preparation of both plans, have requested the Gateway Cities Council of Governments (Gateway COG) for Reach 1 and the San Gabriel Valley Council of Governments (SGVCOG) for Reach 2 to provide administrative services to facilitate the successful development of both the draft and the final Implementation Plans. The Cities will enter into a Memorandum of Agreement (MOA) with the respective Council of Governments. The agreement will consist of the Gateway COG and the SGVCOG providing administrative services and the Cities sharing in fully funding of the costs of the Implementation Plan and the costs incurred by the Gateway COG and the SGVCOG. Cities can choose not to participate in these MOAs, however, for those cities it would necessitate the city preparing its own Implementation Plans. For Reach 1, the estimated budget for the coordinated Implementation Plan is not to exceed $200,000 and for Reach 2, the estimated budget for the coordinated Implementation Plan is $251,435.00. Exhibit A of each MOA illustrates the details of the ,cost sharing. The first invoice will be 50% of the estimated final cost of the coordinated Implementation Plan and is due upon signing of this Memorandum of Agreement with the understanding that all agencies will execute the agreement. The second invoice for 50% of the final cost will be sent on or about December 15, 2009. According to the cost allocation formulas, the City of Vernon's allocation cost for Reach l will be $9,732.04 with $4,866.02 due upon execution of this agreement. According to the cost allocation formulas for Reach 2, the City of Vernon's allocation is approximately $7,284.31 of which $3,642.15 will due upon execution of the MOA. The City Attorney has reviewed the agreements and has several comments on the form and content of the agreements. However, these agreements are identical for all the cities and were created to satisfy as many local requirements as possible so that all cities could execute. City Staff recommends acceptance of the conditions set by both Council of Governments and will work to resolve any issues with the staff of the two COGS: It is recommended that the City Council approve the Memorandum of Agreement for the administration and cost sharing of the development of the coordinated Implementation Plan for Reach 1 with the Gateway Cities Council of Governments and the Memorandum of Agreement for the administration and cost sharing of the development of the coordinated Implementation Plan for Reach 2 with the San Gabriel Council of Governments for the Los Angeles River and Tributaries Metals Total Maximum Daily Loads. COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM TO: Donal O'Callaghan, City Administrator FROM: Samuel Kevin Wilson, of Community Services & Water DATE: August 13, 2009 SUBJECT: National Pollutant Discharge Elimination System (NPDES) — Los Angeles River Metals Total Maximum Daily Load (TMDL) — Implementation Plan for Reach 1 and Reach 2 — Memoranda of Agreement The U. S. EPA approved the Los Angeles River Metals TMDL as an amendment to the regional Water Quality Control Plan for the Los Angeles Region (Basin Plan) on December 22, 2005 and the TMDL became effective January 11, 2006. The LAR Metals TMDL organizes the six 303(d) listed reaches and tributaries of the Los Angeles River into responsible Jurisdictional Groups or Reaches. This TMDL addresses impairments for selenium, zinc, lead, copper, and cadmium, and even though not all reaches or tributaries were listed as impaired, metal allocations were developed for upstream reaches and tributaries that drain to impaired reaches. Selenium, most probably, leaches from natural areas with high selenium containing soils in the Santa Monica Mountains. Zinc, lead, copper and cadmium may be associated with industrial discharges to sewage treatment plants, runoff from roadways, parking lots, and other areas associated with vehicle usage, and atmospheric deposition over the entire watershed. Several segments or reaches of the Los Angeles River have been identified by the Los Angeles Regional Water Quality Control Board (RWQCB) as having exceeded water quality objectives for a variety of metals. For this reason, the Federal Clean Water Act requires a Total Maximum Daily Load (TMDL) be developed to restore the impaired waterbodies to their full beneficial uses. Consequently, in September 2007, the Los Angeles Regional Water Quality Control Board (Board) adopted a TMDL which limits the amount of heavy metals such as copper, lead, zinc, cadmium and selenium that can be carried by runoff into the Los Angeles River. TMDLs are enforced through the State and Federal Discharge permits such as the Municipal Stormwater National Pollutant Discharge Elimination System (NPDES). The purpose of the TMDL program for metals is to: 1) to clean-up impaired surface water bodies, 2) to return those water bodies to their most beneficial use, 3) to maintain clean-up levels, once clean-up has been attained. RECEIVED VED AUGp18 200 13Y. �i�� The Regional Board has divided the Los Angeles River into six _different jurisdictional, groups --- or reaches. The City of Vernon is required to prepare and implement an Implementation Plan designed to reduce the amount of metal pollutants in the Los Angeles Rivers and its tributaries, in addition to providing compliance with the TMDL load allocations. The City of Vernon is located within Reach 2 and has approximately 5 square miles that are tributary to the Los Angeles River. In addition, the City has approximately 300 acres of drainage area in Reach 1. The City requested that it be allowed by the Board to be deleted from Reach 1 but the Board denied the request. The City will now have to participate in the development of an Implementation Plan for each Reach. In Reach 1, the Technical Committee determined that the consultant preparing the Implementation Plan for all the areas of the City of Los Angeles, Camp Dresser and McKee, Inc. (CDM) has completed the preliminary analysis and reach characterization study for the City of Los Angeles that encompasses a significant portion of Reach 1. Through this work, CDM would be able to efficiently begin and create an implementation plan. Initially, the Technical Committee for Reach 2 requested proposals from two private consulting firms - CDM and Tetra Tech, the consultants preparing the Implementation Plan for the County of Los Angeles. Tetra Tech subsequently declined the opportunity to submit a proposal but CDM has provided a comprehensive proposal. Due in part to the time constraints of meeting the deadlines imposed by the Regional Board, the Technical Committees for both Reach 1 and Reach 2 have recommended CDM as the consultant for the preparation of both coordinated Implementation Plans. CDM's proposed scope of work for each reach can be found in Exhibit B of the MOA for each reach. Since the coordinated Implementation Plan will require administration, invoicing of participating local agencies, bill payments and auditing, the Cities, in order to expedite the preparation of both plans, have requested the Gateway Cities Council of Governments (Gateway COG) for Reach l and the San Gabriel Valley Council of Governments (SGVCOG) for Reach 2 to provide administrative services to facilitate the successful development of both the draft and the final Implementation Plans. The Cities will enter into a Memorandum of Agreement (MOA) with the respective Council of Governments. The agreement will consist of the Gateway COG and the SGVCOG providing administrative services and the Cities sharing in fully funding of the costs of the Implementation Plan and the costs incurred by the Gateway COG and the SGVCOG. Cities can choose not to participate in these MOAs, however, for those cities it would necessitate the city preparing its own Implementation Plans. For Reach 1, the estimated budget for the coordinated Implementation Plan is not to exceed. $200,000 and for Reach 2, the estimated budget for the coordinated Implementation Plan is $251,435.00. Exhibit A of each MOA illustrates the details of the cost sharing. The first invoice will be 50% of the estimated final cost of the coordinated Implementation`Plan and is due upon signing of this Memorandum of Agreement with the understanding that all agencies will execute the agreement. The second invoice for 50% of the final cost will be sent on or about December 15, 2009. According to the cost allocation formulas, the City of Vernon's allocation cost for Reach l will be $9,732.04 with $4,866.02 due upon execution of this agreement. According to the cost allocation formulas for Reach 2, the City of Vernon's allocation is approximately $7,284.31 of which $3,642.15 will due upon execution of the MOA. The City Attorney has reviewed both agreements and has the enclosed comments. I have reviewed the comments and recommend that we execute the agreement because we can work with the staff of the COGS to resolve all the issues. These agreements are identical for all the cities and were created to satisfy as many local requirements as possible so that all cities could execute. Since they are multiparty agreements, they are difficult to change to fit every situation. The City of Vernon has the option to remove itself from the process with 30 days notice but we would have to derive our own Implementation Plan which would, in all probability, cost more than the contributions made in the agreements: It is recommended that you schedule the consideration these two agreements. I recommend that you request the City Council approve the Memorandum of Agreement for the administration and cost sharing of the development of the coordinated Implementation Plan for Reach 1 with the Gateway Cities Council of Governments and the Memorandum of Agreement for the administration and cost sharing of the development of the coordinated Implementation Plan for Reach 2 with the San Gabriel Council of Governments for the Los Angeles River and Tributaries Metals Total Maximum Daily Loads.