HomeMy Public PortalAbout2009.151 (08-04-09)RESOLUTION NO. 2009.151
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,
CALIFORNIA, APPROVING MEMORANDUM OF AGREEMENT (MOA) WITH
THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS (SGVCOG) 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 2 AND AUTHORIZING THE MAYOR TO EXECUTE THE MOA
WHEREAS, the mission of the San Gabriel Valley Council of
Governments (SGVCOG) includes ,environmental planning and providing
technically sound science and analyses to its member cities and agencies; and
WHEREAS, Seventeen of the SGVCOG's member cities are located
within the Los Angeles River Reach 2 watershed and the SGVCOG has
established effective working relationships with the adjacent Councils of
Governments; and
WHEREAS, the SGVCOG 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 SGVCOG 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, this TMDL regulates the discharge of runoff from thirty five
cities tributary to Reach 2 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
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; and
WHEREAS, the County of Los Angeles and City of Los Angeles will be
independently preparing separate Implementation Plans; 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 Regulated Entities have agreed to establish a Technical
Committee to provide technical oversight for the development of the CIP; and
WHEREAS, the participating Regulated Entities desire the SGVCOG to
provide administrative services relating to the CIP, including contracting for the
development of both the draft and final CIP and other related. activities; and
WHEREAS, the SGVCOG 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 SGVCOG in administering
the Agreement attached hereto and incorporated herein, based on the cost
allocation formula contained in Exhibit A; and
WHEREAS, SGVCOG and the Regulated Entities agree to employ a
consultant to prepare the CIP and the Regulated Entities are willing to pay the
consultant for its services through the SGVCOG; and
WHEREAS, SGVCOG will execute similar cost-sharing agreements with
all other Regulated Entities before this agreement become enforceable, unless
stated otherwise elsewhere in the MOA.
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 SGVCOG such that the SGVCOG 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 this Agreement.
Section 5. This Agreement 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.
CG~/GG~ ~~~,
Mann T. Santillan
Mayor
ATTEST:
j -
Maria Quinonez
City Clerk
oger .11a
City Manager
APPROVED AS TO FORM:
S~~
Fr Galante
City Attorney
APPROVED TO CONTENT:
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G. Daniel Ojeda, P.E.~I
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 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
Quinonez, City C
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. 2009.151 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.