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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: ~ _---- 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 ~~ 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. _ .-- `~~~'~~. Marcia Quinonez, City Clerk