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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: ~~~~.~ <> 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.