HomeMy Public PortalAbout2008.161 (10-07-08)RESOLUTION NO. 2008.161
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,
CALIFORNIA, APPROVING THE MONITORING ADMINISTRATION AND
COST SHARING MEMORANDUM OF AGREEMENT (MOA) WITH THE
GATEWAY CITIES COUNCIL OF GOVERNMENTS AND AUTHORIZING THE
CITY MANAGER TO EXECUTE THE MOA
WHEREAS, the mission of the GCCOG includes environmental planning
and providing technically sound science and analyses to its member cities and
agencies; and
WHEREAS, the GCCOG has previously entered into interagency
agreements, successfully partnering with various cities, SCAG, CALTRANS and
the County of Los Angeles to undertake projects and studies of regional
significance; and
WHEREAS, the Regional Water Quality Control Board, Los Angeles
Regions ("Regional Board") adopted the Los Angeles River and Tributaries
Metals Total Maximum Daily Load ("TMDL" or "Los Angeles River Metals
(TMDL") in September of 2005, 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, forty cities,
the County of Los Angeles, 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 and implementation of a
Coordinated Monitoring Plan ("CMP") by the Regulated Entities that is designed
~ to monitor water quality at key locations along the Los Angeles River and its
tributaries, in addition to proving compliance with the TMDL waste load
allocations; and
WHEREAS, a Los Angeles River Metals TMDL Technical Committee,
consisting of representatives from the Regulated Entities, has been established
with the purpose of preparing and submitting the CMP to the Regional Board;
and
WHEREAS, a Los Angeles River Watershed Management Committee,
required by the Municipal Storm Water NPDES Permit, meets on a regular basis
and is attended by all the Regulated Entities in the watershed; and
WHEREAS, the draft and final CMP titled "Los Angeles River Metals
TMDL Coordinated Monitoring Plan," was prepared by the Technical Committee,
reviewed by the Los Angeles River Watershed Management Committee and
Steering Committee, and submitted to the Regional Board on April 11, 2007 and
March 26, 2008, respectively; and
WHEREAS, the Regulated Entities agree to implement the monitoring
program within six months of the approval date of the CMP by the Regional
~ Board and upon the adoption and initial funding of the Memorandum of
Agreement ("MOA") provided to the City Council with this Resolution by the
Regulated Entities; and
WHEREAS, the CMP requires administrative services that the Regulated
Entities desire the GCCOG to coordinate, including contracting for the purchase
and installation of automated water sampling devices, collection of dry and wet
weather water quality samples, laboratory analysis and reporting services, and
other CMP related activities; and
WHEREAS, the GCCOG has agreed to provide administrative services to
the Regulated Entities to facilitate the successful implementation of the CMP;
and
WHEREAS, the Regulated Entities have agreed to share in fully funding
the costs of the CMP, including those costs incurred by the GCCOG in
administering this Agreement, based on the cost allocation formula contained in
Exhibit A and the estimated monitoring plan costs shown in Exhibit B of the MOA;
and
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WHEREAS, the City of Los Angeles has the expertise and equipment to i
perform sampling services, laboratory analysis, and reporting services >
("Monitoring Services") consistent with the CMP; and
WHEREAS, the GCCOG and the Regulated Entities agree to employ the
City of Los Angeles to perform the Monitoring Services on their behalf at
locations identified in the CMP, and the Regulated Entities are willing to pay the
City of Los Angeles for its Monitoring Services through the GCCOG, and City of
Los Angeles is willing to perform the Monitoring Services and be reimbursed for
such services as indicated in Exhibit B to the MOA; and
WHEREAS, the County of Los Angeles has the expertise and equipment
to perform the installation, or the ability to contract the installation to outside
entity, of the automated water sampling devices consistent with the CMP; and
WHEREAS, the GCCOG and the Regulated Entities agree to employ the
County of Los Angeles to perform the installation of the automated water
sampling devices on their behalf at locations identified in the CMP, and the
Regulated Entities are willing to pay the County of Los Angeles for its installation
services through the GCCOG, and County of Los Angeles is willing to provide,
perform and be reimbursed for such installation services as indicated in Exhibit B
to the MOA; and
WHEREAS, GCCOG will execute similar cost-sharing agreements with all
other Regulated Entities before the MOA becomes enforceable, unless stated
otherwise elsewhere in the MOA.
WHEREAS; The yearly cost for the City is allocated as follows;
1. Year 1 $6,593
2. Year 2 $2,400
3. Year 3 $2,146
4. Year 4 $2,146
NOW, THEREFORE, in consideration of the mutual covenants and conditions set
forth herein, the Parties do hereby agree 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 at its October 7, 2008 meeting, subject to the ~
approval as to form by the City Attorney, and authorizes the City Manager to
execute the same.
Section 3. The purpose of the MOA is to cooperatively fund the
implementation of the CMP.
Section 4. The Parties shall fully cooperate with one another to attain the
purposes of the MOA.
Section 5. The MOA is voluntarily entered into for the implementation of
the CMP.
Section 6. The term of the MOA shall remain and continue in effect until
completion of the ambient monitoring period of the CMP or June 30, 2012,
whichever occurs first.
Section 7. Staff is authorized to transfer $6,593 from the unallocated
contingency fund to the storm water fund 1011.45.457.62015.
Section 8. That this resolution becomes effective immediately upon
adoption.
PASSED, APPROVED, AND ADOPTED this 7th day of October, 2008.
ATTEST:
Maria Quinonez
City Clerk
APPROVED AS TO FORM:
Fred Galante
City Attorney
~ ~'~ ,~
Maria T. Santillan
Mayor
Roger L. Hal y
City Manager
APPROVED TO CONTENT:
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G. Daniel Ojeda, P.~~.,
Director 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 7t" day of October, 2008.
AYES: COUNCIL MEMBERS, CASTRO, FLORES, MORTON,
RODRIGUEZ, AND SANTILLAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
aria 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 I
and correct copy of Resolution No. 2008.161 on file in my office and that said ~
Resolution was adopted on the date and by the vote therein stated. Dated this
7t" day of October, 2008
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M ria Quinonez, City Clerk