HomeMy Public PortalAbout2011.269 (12-20-11)RESOLUTION NO. 2011.269
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,
APPROVING AMENDMENT NO. 1, FOR THE MEMORANDUM OF AGREEMENT
(MOA) WITH THE GATEWAY CITIES COUNCIL OF GOVERNMENTS (GCCOG) FOR
THE ADMINISTRATION AND COST SHARING FOR THE DEVELOPMENT OF THE
COORDINATED IMPLEMENTATION PLAN FOR THE LOS ANGELES RIVER AND
TRIBUTARIES METALS (TMDL) FOR REACH 1 AND AUTHORIZING THE MAYOR
TO EXECUTE THE MOA
WHEREAS, the Regional Water Quality 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, this TMDL regulates the discharge of runoff from, eight cities
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, the GCCOG has previously entered into interagency agreements,
with the Regulated Entities for the development of a Coordinated Reach 1 Metals TMDL
Implementation Plan (CIP); and
WHEREAS, the Regulated Entities require the administrative services of the
GCCOG to coordinate, including contracting for the continued implementation
assistance of the CIP and other related activities; and
WHEREAS, the GCCOG has agreed to provide administrative services to the
Regulated Entities to facilitate the implementation of the CIP; and
WHEREAS, the Regulated Entities have agreed to share in fully funding the
costs continued implementation efforts of the CIP, including those costs incurred by the
GCCOG in administering this Agreement, based on the cost allocation formula
contained in Exhibit C and the scope of work in Exhibit B of this Agreement; and
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS:
Section 1. The recitals set forth above are true and correct and shall be
incorporated as part of the MOA.
Section 2. The City Council hereby approves the MOA in the form provided to
the City Council, subject to the approval as to form by the City Attorney, and authorizes
the City Mayor to execute the MOA.
Section 3. The funds in the amount of $24,443 are available in account no.
6051.45.460.64399:
Section 4. The term of the MOA shall remain and continue in effect until the
June 30, 2012.
Section 5. That this Resolution shall take effect immediately upon its adoption.
Section 6. The City Clerk shall certify as to the adoption of this Resolution.
PASSED, APPROVED and ADOPTED this 20th day of December, 2011.
ATTEST:
Maria Quinonez, City Clerk
APPROVED AS TO FORM:
Fred Galante, City Attorney
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L
Jim Morton, ayor
'•e- •-
APPROVED AS TO CONTENT:
G. Daniel Ojeda, P.E.,Oirector of
Public Works / City Engineer
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the
foregoing Resolution was passed and adopted by the City Council of the City of
Lynwood at a regular meeting held on the 20th day of December, 2011.
AYES: COUNCIL MEMBERS RODRIGUEZ, SANTILLAWBEAS, ALATORRE
AND MORTON
NOES: NONE
ABSENT: COUNCIL MEMBER CASTRO
ABSTAIN: NONE
Maria Quinonez, City Clerk
STATE OF CALIFORNIA
) SS.
COUNTY OF LOS ANGELES )
I, the undersigned City Clerk of the City of Lynwood, and the Clerk of the City
Council of said City, do hereby certify that the above foregoing is a full, true and correct
copy of Resolution No. 2011.269 on file in my office and that said Resolution was
adopted on the date and by the vote therein stated. Dated this 20th day of December,
2011.
Maria Quinonez, City Clerk
r
EXHIBIT A
MEMORANDUM OF AGREEMENT
BETWEEN
THE GATEWAY CITIES COUNCIL OF GOVERNMENTS
AND
THE CITY OF LYNWOOD
TO EXTEND THE ADMINISTRATION AND COST SHARING OF THE COORDINATED
IMPLEMENTATION PLAN FOR THE LOS ANGELES RIVER AND TRIBUTARIES METALS
TMDL (REACH 1)
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 Lynwood, a California municipal corporation
("City'); (hereinafter "Party" or "Parties") with respect to the following:
RECITALS
WHEREAS, the Regional Water Quality 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, this TMDL regulates the discharge of runoff from, eight cities 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, the GCCOG has previously entered into interagency agreements, with the
Regulated Entities for the development of a Coordinated Reach 1 Metals TMDL Implementation Plan
(CIP); and
WHEREAS, this CIP was submitted to the Regional Board on January 11, 2010, 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 assisting the
Regulated Entities with the implementation of the CIP; and
WHEREAS, the Regulated Entities require the administrative services of the GCCOG to
coordinate, including contracting for the continued implementation assistance of the CIP and other
related activities; and
WHEREAS, the GCCOG has agreed to provide administrative services to the Regulated Entities
to facilitate the implementation of the CIP; and
WHEREAS, the Regulated Entities have agreed to share in fully funding the costs continued
implementation efforts of the CIP, including those costs incurred by the GCCOG in administering this
� 1
Agreement, based on the cost allocation formula contained in Exhibit C and the scope of work in Exhibit
B of this Agreement; and
WHEREAS, the GCCOG and the Regulated Entities agree to employ consultants and scientific
experts as needed to assist the Technical Committee with the implementation of the CIP, and the
Regulated Entities are willing to pay the consultants and scientific experts for their services through the
GCCOG; and
WHEREAS, GCCOG will execute similar cost-sharing agreements with all other 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 cooperatively fund the implementation
of the CIP.
Section 3. Cooperation. The Parties shall fully cooperate with one another to attain the purposes
of this Agreement.
Section 4. Voluntary Nature. This Agreement is voluntarily entered into for the implementation
of the CIP.
Section S. Term. The term of this Agreement shall remain and continue in effect until June 30,
2012.
Section 6. Coordinated Implementation Plan. The Los Angeles River Metals TMDL CIP
consists of: characterization, source and structural control BMPs projected reductions in pollutant loads,
monitoring schedule, reporting, and other regulatory requirements.
Section 7. Assessment for Proportional Costs. The City of Lynwood agrees to provide funds to
the GCCOG in the amount shown in Exhibit C and the estimated implementation consulting and
scientific expert costs in Exhibit B, attached hereto and made a part of this Agreement.by this reference.
The GCCOG will invoice the City upon the execution of this Agreement, based on allocated CIP costs,
which includes all 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 overpayment or underpayment of the CIP costs
shall be credited or billed to the City
Section S. Role of the GCCOG. The GCCOG shall enter into substantially and materially
similar agreement with each of the Regulated Entities to effectuate the CIP implementation, invoice and
collect from the Regulated Entities the estimated amounts identified in Exhibit C.
Section 9. Invoice and Payment.
2
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Agreement, based on the cost allocation formula contained in Exhibit C and the scope of work in Exhibit
B of this Agreement; and
WHEREAS, the GCCOG and the Regulated Entities agree to employ consultants and scientific
experts as needed to assist the Technical Committee with the implementation of the CIP, and the
Regulated Entities are willing to pay the consultants and scientific experts for their services through the
GCCOG; and
WHEREAS, GCCOG will execute similar cost-sharing agreements with all other 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 cooperatively fund the implementation
of the CIP.
Section 3. Cooperation. The Parties shall fully cooperate with one another to attain the purposes
of this Agreement.
Section 4. Voluntary Nature. This Agreement is voluntarily entered into for the implementation
of the CIP.
Section S. Term. The term of this Agreement shall remain and continue in effect until June 30,
2012.
Section 6. Coordinated Implementation Plan. The Los Angeles River Metals TMDL CIP
consists of: characterization, source and structural control BMPs projected reductions in pollutant loads,
monitoring schedule, reporting, and other regulatory requirements.
Section 7. Assessment for Proportional Costs. The City of Lynwood agrees to provide funds to
the GCCOG in the amount shown in Exhibit C and the estimated implementation consulting and
scientific expert costs in Exhibit B, attached hereto and made a part of this Agreement.by this reference.
The GCCOG will invoice the City upon the execution of this Agreement, based on allocated CIP costs,
which includes all 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 overpayment or underpayment of the CIP costs
shall be credited or billed to the City
Section S. Role of the GCCOG. The GCCOG shall enter into substantially and materially
similar agreement with each of the Regulated Entities to effectuate the CIP implementation, invoice and
collect from the Regulated Entities the estimated amounts identified in Exhibit C.
Section 9. Invoice and Payment.
2
a) The GCCOG shall invoice each Regulated Entity. Payment of 100 percent is due upon
signing of this agreement with the understanding that all Regulated Entities will execute the
agreement not later than November 30, 2011. The invoice shall be sent to the Regulated
Entities by the GCCOG on or about December 1, 2011,
b) Late Payment Penalty— As of February 1, 2012, 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 I to 30 days after the due date. The
Prime Rate in effect when the payment first became due plus 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.
Section 10.
Except as modified or changed herein, all other provisions and terms of the Agreement dated December
20, 2011, shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on
their behalf, respectively, as follows:
DATE: i 11
ATTEST:
Pityrk
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APPROVED AS TO FORM:
City Attorne
CITY OF LYNWOOD
ity Mayor
DATE: J'\/%�`v
ATTEST:
Richard Powers, Secretary
GATEWAY CITIES
i
RAYMON DUNTON, PRESIDENT
a]
EXHIBIT B
Scope of Work
Jurisdictional Group 1(JG1)
For Reach 1 of the Los Angeles River and Compton Creek
Task 1—Ongoing Revisions and Updates
Ongoing revisions and updates to Implementation Plan, including: revisions to acreages,
improvement to maps, Low Impact Development (LID) ordinances, and Effectiveness
Assessments; communication with various agencies including, but not limited to:
California Stormwater Quality Association (CASQA), California Product Stewardship
Council (CPSC), and the Regional Water Board; and new memoranda of understanding
(MOAs), agreements, etc., as necessary. .
100 hrs @ $155 $ 15,500
80 hrs @ $ 95 7,600
$ 23,100
Task 2 — Compliance Demonstration Model
Recent comments by Regional Water Board Staff indicate that the Regional Board will
want a model demonstrating that implementation of the JG1 Implementation Plan will
achieve compliance with the assumptions and requirements of the waste load
allocations (WLAs) contained in the Los Angeles River Metals TMDLs before the TMDLs
are incorporated into the new MS4 permit or permits. This information is necessary in
order for the staff to incorporate sufficient information in the permit's administrative
record to provide an adequate demonstration that expressing water quality -based
effluent criteria as BMPs in the new MS4 permit or permits, and the BMPs required by
the permit(s), will be sufficient to implement the applicable WLAs.
This task includes development of an acceptable spreadsheet or use of an equivalent
County -wide model describing efforts of the JG1 Implementation Plan toward achieving
compliance with the assumptions and requirements of the waste load allocations
(WLAs), including: development of spread sheet model and description of model results,
description and justification of assumptions included in the model, and incorporation of
source controls:
115 hrs @ 155 $17,825
90 hrs @ 95 8,550
$26,375
Task 3 — Analysis of Street Sweeping Effectiveness
Completing an acceptable compliance demonstration model requires a detailed analysis
of street sweeper effectiveness to provide the basis for street sweeping effectiveness
assumptions. This task includes a literature survey and analysis of recent street
sweeping effectiveness studies, including San Diego street sweeping studies and others
relevant to operational source control of metals through enhanced street sweeping.
This task also will include a detailed analysis of the municipal street sweeping programs
within the 2,857 -acre Bullis Drain Sub -watershed and preparation of documented street
sweeping effectiveness assumptions for use in the compliance demonstration model.
This will be necessary to demonstrate compliance with the January 2012 Metals TMDLs
milestone.
95 hrs @ 155 $14,725
40 hrs @ 95 $3,800
_
$18,525
Task 4 — Improvement of Dominguez Gap Wetlands Operations
Dominguez Gap Wetlands operations need to be brought into compliance with
operations as described in the Dominguez Gap environmental impact report (EIR). This
will allow JG1 to be in compliance with dry and wet weather waste load allocations
(WLAs) for almost 15% of the jurisdictional area.
This task involves coordination with the County of Los Angeles Department of Public
Works (DPW) to improve operations of the Dominguez Gap Wetlands project to reduce
the discharge of runoff to the Los Angeles River during smaller rain events. Some of the
major items include:
• Strategy Development to ensure runoff reduction
• Preparation of documentation required for County evaluation
• Preparation of graphs showing data reflecting Dominguez Gap Water flow
Management
• Coordination with County DPW staff to promote operations improvements
• Work with DPW management to facilitate decisions on operations improvements
• Work with County Board of Supervisor staff to facilitate management decisions
75 hrs @ 155 $11,625
35 hrs @ 95 $ 3,325
$14,950
Task 5 — Outreach to Priority Industries
The JG1 Implementation Plan specifies that during implementation Phase 1A, outreach
will be conducted to priority industries identified as having a high probability of
generating metals; trucking companies; facilities with large parking lots; and automotive
repair facilities to encourage implementation of operational source control BMPs. This
task includes assistance to municipalities in the targeted subwatersheds through
assisting the Technical Committee with development of outreach materials to be
delivered or mailed to metals handling businesses, large private parking lot owners
industry groups, and automotive repair facilities.
40 hours @ $95/hour $3,800
Printing cost allowance $1,000
$4,800
Task 6 — Development of a "Credit Toward Compliance" Proposal
The JG1 Implementation Plan sets forth an adaptive, performance-based management
approach utilizing best management practices (BMPs) as the measure of complying with
the assumptions and requirements of the WLAs contained in the TMDLs for the Los
Angeles River. The Implementation Plan also includes a proposal that this approach be
incorporated. into the relevant M54 permits. To accomplish these goals, a credit toward
compliance system must be negotiated with the Regional Water Board to provide a
mechanism to receive credit from true and operational source control programs in order
for JG1 to be deemed in compliance for TMDL milestones.
The task includes:
• Negotiation with Regional Water Board staff (Sam Unger, Deb Smith and Renee
Purdy)
• Proposal for Development of Credit Toward Compliance Approach for JG1
• Progress reports on negotiations with Regional Water Board staff
• JG1 Proposal for Deemed Compliant Determination for January 11, 2012
Milestone
90 hrs @ 155 $ 13,950
35 hrs @ 95 3,325
$ 17,275
3
Task 7 — Flow Monitoring
Preliminary results of the Coordinated Monitoring Plan suggest that wet weather
discharges are likely to be the most significant obstacle for achieving TMDL objectives.
Without a Tier 2 site located near the mouth of Compton Creek, two consecutive
exceedences of TMDL limits in the LA River at Wardlow during effectiveness monitoring
will trigger Tier 3 monitoring. Establishment of a monitoring site at the mouth of East
Compton Creek is first intended to provide accurate wet -weather flow measurements
that can be used to validate estimates of discharge volumes the model (Task 2).
Implementation of a wet weather flow monitoring site near the mouth of the creek will
also establish the major infrastructure improvements needed to quantify metal loads
this important watershed if necessary in subsequent years.
• Obtain encroachment permits for access to site and installation of
conduit and sensors in the channel.
• Run conduit under the access road to the trucking facility near the site.
• Establish concrete pad and steel enclosure for containment of
equipment.
• Explore options for sources of power and communications to the site,
availability of rain gauge data in the watershed, and potential for a rain
gauge on site. Install a rain gauge, if necessary.
• Install an AVB flow meter for continuous measurement of all stormwater
discharges for the 2010/2011 storm season.
• Conduct maintenance and collect manual flow data for verification of
AVB flow measurements
• Develop draft and final reports with data files documenting rainfall and
runoff.
75 hrs @ $155 $11,625
90 hrs @$95 $8,550
Equipment/expendables $10,500
$30,675. z
El
Task 8 —Treatment Control Site Analysis
The JG1 Implementation Plan specifies the installation of water capture infiltration
and/or use of structural BMPs, if feasible and grant funding is available. South Park in
the City of Compton has been tentatively selected as a site for such a structural BMP.
This site would serve the Compton Creek East Branch watershed, which constitutes
42.6% of the Jurisdictional Group Area. The essential first element of constructing such a
structural BMP is to determine if the site is suitable for the BMP. This task includes
geotechnical and infiltration testing to assist in developing the basis of the design and
sizing for a potential project at this site.
Field Investigation & Testing $21,632
44 hours @ $95/hr $4,180
$25,812
Task 9 — Compliance Reporting
The Regional Board will likely request a report documenting compliance shortly after
the Metals TMDL is incorporated into the next M54 permit(s). At this point, the format
and level of detail the Board will require for such a report is uncertain. This task will
utilize materials and reports developed in previous Tasks to prepare a report
documenting efforts towards compliance with the requirements of the January 2012
milestone date.
Budgetary Allotment $9,000
(Each task 2-8 is to have its own report facilitating this task)
Task 10 —!G1 Technical Committee Meetings
Organize and attend meetings of the JGl Technical Committee and provide meeting
summaries to JG1 Technical Committee members.
120 hrs @ 155/hr $18,600
Prepare for and participate in Technical Committee conference calls.
70 hrs @ 155/hr
$10,850
$29,450
Total Attachment A: $199,962
t
All tasks are estimates and resources may be shifted from one task to another at the discretion of the
Technical Committee based upon the needs of demonstrating progress towards compliance.
Reach 1 Metals TM DL Payment Record
Payment Record through June 16, 2011
Cost %
Caltrans
Carson
Compton
Huntington Park
Lakewood
Long Beach
Lynwood
Signal Hill
South Gate
Total
Exhibit C
Phase 1 costs
Total Paid
Overpaid
Phase II cost
New Total Due
(develop IP)
or underpaid
5.27`Yo
11,910.20
13,827.88
1,917.68
11,067.00
9,149.32
2.84%
6,418.00
6,413.38
-4.62
5,964.00
5,968.62
32.04%
72,410.40
73,011.90
601.50
67,284.00
66,682.50
2,28%
5,153.00
10,549.85
5,396.85
5,229.00
-167.85
2.49%
5,627.00
5,623.44
-3.56
4,788.00
4,791.56
25.10%
56,726.00
25,145.32
-31,580.68
52,710.00
84,290.68
12.58%
28,430.80
30,406.22
1,975.42
26,418.00
24,442.58
2.48%
5,605.00
5,601.14
-3.86
5,208.00
5,211.86
14.92%
33,719.00
33,712.18
-6.82
31,332.00
31,338.82
100.00%
$225,999.40
$204,291.31
210,000.00
Incl COG adm
incl COG Admin
cost of $10,000
of 2nd $10,000
Incl purchase
of City of LA
data @ $16k