HomeMy Public PortalAbout2009.150 (08-04-09)RESOLUTION NO. 2009.150
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,
CALIFORNIA, APPROVING THE MEMORANDUM OF AGREEMENT (MOA)
WITH THE GATEWAY CITIES COUNCIL OF GOVERNMENTS (GCCOG) FOR
THE ADMINISTRATION AND COST SHARING OF THE DEVELOPMENT OF
THE COORDINATED IMPLEMENTATION PLAN FOR THE LOS ANGELES
RIVER AND TRIBUTARIES METALS TOTAL MAXIMUM DAILY LOAD (TMDL)
FOR REACH 1 AND AUTHORIZING THE MAYOR TO EXECUTE THE MOA
WHEREAS, the mission of the Gateway Cities Council of Governments
(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 the 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 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 2007, with the intent of improving water quality in the Los
Angeles -River and its tributaries; and
WHEREAS, the Regulated Entities recognize that the TMDL is not-self
enforcing, but could be legally enforceable once ihcorporated 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,
the County unincorporated areas tributary to Reach 1 of the Los Angeles River
and CALTRANS, herein referred to as a collectively the "Regulated Entities" or
singularly a "Regulated Entity", requiring a high degree of organization and
cooperation from the Regulated Entities; 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 metal 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' City of Los Angeles will be
independently preparing separate Implementation Plans; 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 desire to prepare a draft CIP by
January 11, 2010 and a final CIP by July 11, 2010 and to adopt and provide the
initial funding of this Agreement; and
WHEREAS, the CIP requires administrative services that the Regulated
Entities desire the GCCOG to provide relating to the CIP, including contracting
for the development of both the draft and final CIP and other related activities;
and
WHEREAS, the GCCOG has agreed to provide administrative services to
the Regulated Entities to facilitate the successful implementation of the CIP; and
WHEREAS, the Regulated Entities will share the cost of fully funding the
costs of the CIP, including those costs incurred by the GCCOG in administering
the Agreement ,attached hereto and incorporated herein, based on the cost
allocation formula contained in Exhibit A and the estimated Implementation Plan
in Exhibit B to the Agreement; and
WHEREAS, 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 the Agreement.
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 fully incorporated as part of
this Agreement.
Section 2. The purpose of the 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. The City Council hereby approves the MOA in the form
provided to the City Council at its August 4, 2009 meeting, subject to the
approval as to form by the City Attorney, and authorizes the City Mayor to
execute the same.
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 CIP.
Section 6. The term of the MOA shall remain and continue in effect until
completion of the CIP, and acceptance of the CIP by the Regional Board.
Section 7. That this resolution shall become effective immediately upon
adoption.
PASSED, APPROVED, AND ADOPTED this 4~h day of August, 2009.
~(~~r~~ c~~l~~
Maria T. Santillan
Mayor
ATTEST:
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Maria Quinonez
City Clerk
Roger L. H y
City Manager
APPROVED AS TO FORM:
Fred Galante
City Attorney
APPROVED TO CONTENT:
e
G ~-~
G. Daniel Ojeda, P. .,
Director of Public WorkslCity
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 ado~ted by the City Council of the City
of Lynwood at a regular meeting held. on the 4~ day of August, 2009.
AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ,
CASTRO, AND SANTILLAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
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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. 2009.150 on file in my office and that said
Resolution was adopted on the date and by the vote therein stated. Dated this
4~h day of August, 2009.
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Marcia Quinonez, City Clerk