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RPVCCA_CC_SR_2013_08_06_F_MOU_Peninsula_Agencies_Watershed_Mgmt_Program_MS4_Permit
CITY OF MEMORANDUM TO: FROM: DATE: SUBJECT: REVIEWED: Project Manager: HONORABLE MAYOR & CITY COUNCIL MEMBERS LES JONES, INTERIM DIRECTOR OF PUBLIC--''ff~ AUGUST 6, 2013 ~~ AUTHORIZE MEMORANDA OF UNDERSTANDING WITH PENINSULA AGENCIES FOR DEVELOPMENT OF THE ENHANCED WATERSHED MANAGEMENT PROGRAM IN COMPLIANCE WITH THE MS4 PERMIT (SUPPORTS 2013 CITY COUNCIL GOAL 4, PUBLIC INFRASTRUCTURE) CAROLYN LEHR, CITY MANAGER ~ Andy Winje, Associate Civil Engineer~ RECOMMENDATION 1. Approve a Memorandum of Understanding between the Peninsula EWMP Agencies in order to begin collaborative work on the Enhanced Watershed Management Program (EWMP) for the new stormwater quality MS4 permit requirements. 2. Approve a Memorandum of Understanding between the Peninsula GIMP Agencies in order to begin collaborative work on the Coordinated Integrated Monitoring Program (GIMP) for the new stormwater quality MS4 permit requirements. 3. Authorize the Mayor and City Clerk to execute the MOUs on behalf of the City. EXECUTIVE SUMMARY The Municipal Separate Storm Sewer System (MS4) Permit was adopted by the Regional Water Quality Control Board on November 8, 2012. In response, the City has elected to develop an Enhanced Watershed Management Plan (EWMP), including a Coordinated Integrated Monitoring Plan (GIMP), with other agencies having stormwater jurisdiction on the Palos Verdes Peninsula. The City of Rancho Palos Verdes (City) will serve as the administrative lead. The City will solicit professional services, expend funds and receive reimbursement on behalf of the City and the other peninsula agencies in the development of these programs. Therefore, these Memoranda of Understanding (MOUs) are required to define the cost sharing agreements. BACKGROUND Staff has presented information on the new MS4 permit requirements to the City Council F-1 Authorize MOUs for EWMP and CIMP Page 2of3 August 6, 2013 on several occasions. These presentations have outlined the evolution of the City's response to the permit requirements as Staff has worked to determine the most advantageous path forward. At the June 18, 2013 meeting, the City Council authorized Staff to notify the Los Angeles Regional Water Quality Control Board (Regional Board) that the City would follow the EWMP approach in conjunction with the other peninsula cities, the County's Department of Public Works (LADPW) representing unincorporated islands on the peninsula and the Los Angeles County Flood Control District (LACFCD) who have storm water interests on the peninsula. A copy of the Staff Report from that meeting is attached for reference. Since that meeting, Staff has filed a timely Notice of Intent with the Regional Board to communicate that decision. A copy of the Notice of Intent is included with this staff report. The Notice of Intent required inclusion of Letters of Intent from each of the agencies involved stating that the agency would enter into a Memorandum of Understanding (MOU) to facilitate the work of developing the EWMP. The City Manager was authorized to sign these Letters of Intent at the June 18th meeting and they are included in the Notice of Intent. DISCUSSION The MOUs are meant to define the responsibilities and working relationship of agencies involved. As the agency with the largest land area, the City was identified as the administrative lead in each of the MOUs. Over the last several months City Staff has been working with staff and counsel from the other peninsula agencies to develop an MOU for the EWMP. In doing so, it was discovered that two MOUs are actually required. The first MOU is between the Cities of Rancho Palos Verdes, Rolling Hills Estates, Palos Verdes Estates, LADPW and the LACFCD for development of the EWMP. The EWMP is a written plan to address pollutants that are identified in the stormwater outfalls of the watershed. It includes several elements including discussions of identified pollutants, minimum control measures, reasonable assurance computer modeling and analysis, and identification of at least one project per watershed which will be completed by June of 2015. A second MOU is required because, in addition to the peninsula EWMP agencies, the City of Rolling Hills will participate to develop a supporting document to the EWMP known as the Coordinated Integrated Monitoring Plan (GIMP). Although Rolling Hills has selected another approach to the permit in lieu of the EWMP, it is still advantageous to have that agency share costs with the other agencies to develop the GIMP. The GIMP will document the process and methods necessary to identify the pollutants that actually exist in the watershed. It will specify what, where, when and how the agencies will monitor (take water samples and perform chemical analysis of) wet weather and dry weather flows in key areas of the peninsula. The GIMP then becomes a portion of the written EWMP. A cost sharing formula has been developed in each of the attached Memoranda of Understanding. The peninsula agencies with land area (including the LADPW for unincorporated portions) propose to share costs to develop the EWMP and GIMP based W:\Andy\NPDES\EWMP\CC Approval\EWMP & CIMP\RPVCCA-2013 August 06-MOU for EWMP.docx F-2 Authorize MOUs for EWMP and CIMP Page 3 of 3 August6,2013 on their proportionate tributary area to the various peninsula drainages. The LACFCD (who do not control land area) participates with a 10% contribution to the costs incurred by the group. Prior to allocating costs, the City will add a 3% markup to the out of pocket costs that are incurred to recover its costs in serving as the lead agency. For the purposes of the EWMP sharing plan, out of pocket costs are estimated to be $600,000 over the next two years. The City's land share is approximately 60% of the tributary area and expected cost share is about $332,000. (This is only about 54% of the total cost after adjustments are made for the LACFCD's contribution and the administrative fee.) Out of pocket costs for the GIMP are estimated to be $80,000. Of that amount, the City's anticipated net share is about $39,000 or 49%. The actual costs will not be known until a consultant to perform the work is selected and the final fees negotiated. A Request for Qualifications has been distributed to several firms recognized to be specialists in this field. In the coming weeks, the agencies will meet to evaluate and select a consultant to perform the work. Staff anticipates bringing an item forward to award a contract as early as September. These MOUs have been developed and approved in form by the staff and legal counsel from each of the agencies involved. There is some urgency to approve them so that work on the EWMP and GIMP may begin as soon as possible in order to meet the permit deadlines. CONCLUSIONS The City has committed itself to the EWMP process by earlier City Council action in accordance with Staff's recommendations. MOUs need to be approved and executed to allow commencement of the work to meet the permit requirements in a timely manner. The agencies involved have agreed upon cost and responsibility sharing arrangements at staff and counsel level and now require action by the respective decision making bodies. FISCAL IMPACT As has been discussed on other occasions with the City Council, the costs to implement these new programs cannot be fully known before monitoring data is developed and an implementation plan is approved by the Regional Board. However, Staff has obtained estimates of the costs to develop both the GIMP and the EWMP and, based on these estimates, sufficient funds for the City's share have been included in the Storm Water Quality Program of the approved FY 2013-14 budget. Attachments: Related Staff Report from June 18, 2013 City Council Meeting Notice of Intent, submitted to Regional Board on June 27, 2013 Memorandum of Understanding for Peninsula EWMP Agencies Memorandum of Understanding for Peninsula GIMP Agencies MOU EXHIBIT D -Scope of Work for EWMP and GIMP Development W:\Andy\NPDES\EWMP\CC Approval\EWMP & CIMP\RPVCCA-2013 August 06 -MOU for EWMP.docx F-3 Related Staff Report from June 18, 2013 City Council Meeting F-4 CITYOF MEMORANDUM TO: FROM: DATE: SUB~E~T: REVIEWED: Project Manager: HONORABLE MAYOR & CITY COUNCIL MEMBERS LES JONES, INTERIM DIRECTOR OF PUBLIC W JUNE 18, 2013 AUTHORIZE LETTERS OF INTENT FOR MS4 PE T (Supports 2013 City Council Goal 4, Public Infrastructure) n () CAROLYN LEHR, CITY MANAGER lV-- Andy Winje, Associate Civil Engineer P RECOMMENDATION Authorize the City's selected approach to the MS4 Permit, in conjunction with other Peninsula jurisdictions, as the Enhanced Watershed Management Plan approach and authorize the City Manager to sign and submit Letters of Intent, which will be attached to the Notice of Intent to the Regional Board indicating the same. EXECUTIVE SUMMARY The Municipal Separate Storm Sewer System (MS4) Permit was adopted by the Regional Water Quality Control Board on November 8, 2012. The regulation requires Permittees to select one of three approaches to implement the permit and so indicate by filing a Notice of Intent to be filed on or before June 28, 2013. Staff believes the Enhanced Watershed Management Plan (EWMP) is the most advantageous approach for the City because it provides the greatest length of time to achieve permit compliance and the best opportunities to achieve cost savings by working with other Peninsula watershed agencies. BACKGROUND Staff has presented information on the new MS4 permit to the City Council on several occasions, most comprehensively at the February 19, 2013 meeting. At that meeting John Hunter, the City's storm water quality consultant, presented slides outlining the three approaches the City might take in response to the permit requirements and the relative merits of each. Also at that time, Staff indicated it was in discussions with the other Peninsula cities, the City of Los Angeles, and the County of Los Angeles regarding collaboration opportunities in responding to the permit requirements. Since then, the City of Los Angeles has chosen to pursue a different approach and is no longer a part of the proposed group. The City of Rolling Hills, citing its unique situation, has also chosen a F-5 Authorize Letters of Intent for MS4 Permit Compliance Page 2of3 June 18, 2013 different approach. Two agencies from the County are involved. The County's Department of Public Works (DPW) represents two unincorporated County islands, Westfield and the South Coast Botanic Garden, which are within the Peninsula watershed. The County's Flood Control District (FCD) is also included, as is typical when the County DPW is involved as a representative of unincorporated areas. The Flood Control District is technically a separate agency but uses the same staff and leadership as the County DPW. In addition to these, the cities of Rancho Palos Verdes, Rolling Hills Estates, and Palos Verdes Estates are the other members. The collection of agencies is being called the Palos Verdes Peninsula Watershed Group. All permittees must formally indicate which approach they intend to pursue by June 28, 2013 in a document submittal known as a Notice of Intent. Staff of the agencies of the Palos .Verdes Peninsula Watershed Group has worked together over the last several months to develop a collaborative response to the Regional Board. A Notice of Intent is being developed on behalf of the Palos Verdes Peninsula Watershed Group indicating the intent to follow the Enhanced Watershed Management Plan approach. Each agency may adhere itself to the Notice of Intent by signing individual Letters of Intent. DISCUSSION RPV Staff, in consultation with John Hunter, believes working with the Palos Verdes Peninsula Watershed Group in pursuit of the Enhanced Watershed Management Plan is the most advantageous to the City. The reasons for this are detailed in a letter from John L. Hunter and Associates (attached to this report), and summarized herein. Staff believes working collaboratively with the other agencies will achieve economies of scale with regard to preparation of the monitoring plan, the implementation plan and other administrative work. Working together also provides the group an improved standing before the Regional Board, who favor collaborative efforts and will more easily recognize the aggregated strength of the agencies. The Enhanced Watershed Management Plan allows an extended schedule for compliance. It also allows for categorical compliance in watersheds if certain conditions can be met. Whether the group will be able to take advantage of the categorical compliance opportunity will not be known until further modeling, performed as the EWMP is developed, is completed. The "cost" for this extended schedule is that the permittees must identify certain projects early on and commit funds to have them installed within 30 months. The Palos Verdes Peninsula Watershed Group has already identified several potentially qualifying projects. Funds have been included in the City's proposed FY 2013-14 CIP budget. The least favored approach, known as the Minimum Control Measures approach, establishes strict effluent limits effective retroactively to December 28, 2012. This means the City may already be out of compliance, if this approach is selected. The other rejected approach, the Watershed Management Plan, is similar to the recommended approach, but offers a shorter extension period. The Palos Verdes Peninsula Watershed Group proposes to share costs to develop the EWMP based on tributary area to the various drainages, under a Memorandum of W:\Andy\NPDES\EWMP\CC Approval\RPVCCA-2013 June 19 -Letters of Intent for MS4 Pennit.docx F-6 Authorize Letters of Intent for MS4 Permit Compliance Page 3of3 June 18, 2013 Understanding currently under development. The Flood Control District participation comes with a 10% contribution to the costs incurred by the group, on top of the proportionate cost paid by the County DPW for the unincorporated County islands. The Palos Verdes Peninsula Watershed Group, with the addition of the City of Rolling Hills, also propose to share costs to develop a monitoring plan (known as a Coordinated Integrated Monitoring Plan or CIMP), which is a required precursor to the EWMP. Cost sharing will also be based on tributary area of the watershed agencies, plus the 10% contribution of the Flood Control District. In order to attach itself to the group's Notice of Intent, the City will need to file two Letters of Intent. The Letters of Intent, which are included as attachments to this report, indicate the agency's intention to participate in two Memoranda of Understanding with the Palos Verdes Peninsula Watershed Group defining the efforts and cost sharing arrangement for development and implementation of the EWMP and CIMP, respectively. ALTERNATIVES The City may choose to pursue any of the three approaches alone and give up the advantages of sharing overlapping costs with a group and the Flood Control District's 10% contribution. The City may also choose to pursue the MCM or Watershed Management Plan approach and give up additional time to implement a compliance program. CONCLUSIONS Although the response to the MS4 permit regulations is more onerous and costly than in previous years, it remains the law of the land. Staff believes the compliance approach that provides the most protection against the uncertain consequences of pollutant loading in the City's storm water effluent, and the escalating costs to monitor and address these pollutants, is a collaborative effort of the Palos Verdes Peninsula Watershed Group in an Enhanced Watershed Management Plan. FISCAL IMPACT As has been discussed on other occasions with the City Council, the costs to implement these new programs cannot be fully known before monitoring data is developed and an implementation plan is approved by the Regional Board. We have been able to estimate the costs to develop both the CIMP and the EWMP and sufficient funds for the City's share have been included in the Storm Water Quality Program of the FY 2013-14 budget that is under consideration. In addition, funds for implementation of the monitoring plan and the early identified projects discussed above have been included in the CIP portion of the proposed FY 2013-14 budget. Attachments: Approach Recommendation Letter from John L Hunter and Associates Letter of Intent for signature -EWMP Letter of Intent for signature -CIMP W:\Andy\NPDES\EWMP\CC Approval\RPVCCA-2013 June 19 -Letters of Intent for MS4 Perrnit.docx F-7 6131 ORANGETHORPE AVE, Suite 350 BUENA PARK CAUFORNIA 90620 (562) 802-7880 FAX (562) 802-2297 www.ilha.net GENERAL ENGINEERING LICENSE A-582340 HAZARDOUS SUBSTANCE REMEDIATION UC. 3382 June 12, 2013 Andy Winje City of Rancho Palos Verdes 30940 Hawthorne Blvd Rancho Palos Verdes, CA 90275 Subject: Watershed Management Alternatives Dear Mr. Winje; In support of the City's decision to select the most advantageous approach to achieve compliance with the new MS4 Permit regulations, we would offer the following overview, analysis, summary and recommendation. · Overview: The Municipal Separate Storm Sewer System (MS4) Permit (Order No. R-2012-0175) was adopted by the California Regional Water Quality Control Board, Los Angeles Region on November 8, 2012. The Order requires for Permittees to select one of three options: (1) Implement Minimum Control Measures (MCMs), (2) Develop a Watershed Management Program, or (3) Develop an Enhanced Watershed Management Program (EWMP). Each option contains specific requirements and provides unique benefits. Analysis: 1. Minimum Control Measures (MCMs) This option does not require for a Permittee to develop a Watershed Management Program and instead requires implementation of Minimum Control Measures within 6 months after the effective date of the Permit (June 28, 2013). Although seemingly simple, this option holds the City to strict numerical discharge limits which will have to be met in 2014 when monitoring is expected to begin and allows for 3rd Party litigation. In addition, the City could be held accountable for any excessive pollutant discharge retroactive to December 28, 2012. 2. Watershed Management Program (WMP): Under this alternative, the City must either individually or working within a group of watershed cities, prepare a detailed analysis of pollutant sources within the watershed area, strategies for reducing or treating pollutants from those sources and computer modeling to substantiate the strategies. The main requirements in a WMP are the following: COMPREHENSIVE ENVIRONMENTAL MANAGEMENT F-8 i. Prioritize water quality issues; ii. Identify and implement strategies, control measures, and BMPs to achieve required water quality outcomes; iii. Execute an integrated monitoring program and assessment program; and iv. Modify strategies, control measures, and BMPs as necessary based on analysis of monitoring data collected to ensure that applicable water quality-based effluent limitations and receiving water limitations and other milestones set forth in the WMP are achieved in the required timeframes. v. Provide appropriate opportunity for meaningful stakeholder input, including but not limited to, a permit~wide WMP technical advisory committee (TAC) that will advise and participate in the development of the WMPs and EWMPs from month 6 through the date of program approval. Cities Implementing all aspects of the approved program will, with some exceptions, be deemed In compliance (at least for an interim period) with the receiving water numerical discharge limits. There is also protection under the Permit to agencies participating in an approved Watershed Management Program from 3rd Party litigation risks. The first compliance point of this alternative is to notify the Regional Board by June 28, 2013 ofthe city's intentto follow this path. The final plan must be submitted to the Regional Board by June 2014. 3. Enhanced Watershed Management Programs(EWMP): Under this alternative, cities must work as part of a group of watershed agencies to develop an EWMP. The EWMP option contains the same requirements as the WMP along with the following: i. Incorporate applicable State agency input on priority setting and other key Implementation issues; ii. Provide for meeting water quality standards and other CWA obligations by utilizing provisions in the CWA and its implementing regulations, policies and guidance; iii. Include multi-benefit regional projects to ensure that MS4 discharges achieve compliance with all applicable final water quality based effluent limits and do not cause or contribute to exceedances of receiving water limitations by retaining through infiltration or capture and reuse the storm water volume from the 85th percentile, 24-hour storm for the drainage areas tributary to the multi-benefit regional projects; iv. In drainage areas where retention of the storm water volume from the g5th percentile, 24-hour event is not technically feasible, include other watershed control measures to ensure that MS4 discharges achieve compliance with all applicable interim and final water quality based effluent limits with compliance deadlines occurring after approval of a EWMP and to ensure that MS4 discharges do not cause or contribute to exceedances of receiving water limitations; v. Maximize the effectiveness of funds through analysis of alternatives and the selection and sequencing of actions needed to address human health and water quality related challenges and non-compliance; F-9 vi. Incorporate effective innovative technologies, approaches and practices, including green infrastructure; vii. Ensure that existing requirements to comply with technology-based effluent limitations and core requirements are not delayed; viii. Ensure that a financial strategy is in place. When the various TMDLs reach the end of their implementation phases, numeric effluent criteria will become enforceable regardless of whether the WMP or EWMP path was selected. The primary advantage of the EWMP is that it includes an additional 12-month extension to submit the program to the Regional Board. Also, any drainage area where 85 percent of the runoff is captured will automatically be in compliance with the MS4 permit, regardless of downstream pollutant levels. The first compliance point of this alternative is to notify the Regional Board by June 28, 2013 of the City's intent to follow this path. The final plan must be submitted to the Regional Board by June 2015. 4. Group Selection The WMP and EWMP alternatives have the option of coordinating with a group of agencies. Rancho Palos Verdes is contained within two separate watersheds; the Dominguez Channel Watershed and the Greater LA Harbor Watershed. The cities of Palos Verdes Estates and Rolling Hills Estates also share the same two watersheds. Coordination with cities outside of the peninsula would require the incorporation of two separate EWMPs or a separate chapter specifically dedicated to the watershed not addressed in the chosen EWMP. In addition to the EWMP, a Coordinated Integrated Monitoring Plan (CIMP) will be required. The peninsula cities have agreed to prepare a CIMP in conjunction with the EWMP. The participating CIMP agencies are the cities of Rancho Palos Verdes, Palos Verdes Estates, Rolling Hills Estates, and Rolling Hills. Summarv: The MCM option would pose a high risk to the City due to strict numerical discharge limit requirements and 3rd Party litigation. The WMP and EWMP benefits are similar, except the EWMP option allows for an extended timeline and ensures compliance for any drainage area where 85 percent of the runoff is successfully captured. Recommendation: Rancho Palos Verdes would receive the greatest benefit from implementing an Enhanced Watershed Management Program with the Peninsula cities. Next Steps: A Memorandum of Understanding is being prepared for the Peninsula cities and Los Angeles County for both the EWMP and CIMP. The Draft MOU is expected to be ready for the June 20, 2013 meeting of the Peninsula Watershed Committee and will be presented to the City Council shortly thereafter. F-10 Similarly, as required by the new MS4 Permit, a draft Green Street Policy, which will establish a strategy for instituting Green Street measures when major transportation corridors are constructed or reconstructed and a draft Low Impact Development Ordinance for establishing requirements for infiltration and biofiltration are ready for review by the City Council. It is anticipated these will presented to the City Council along with the Peninsula City's MOU. Sincerely, u~ J~n Hunter, P.E., REA F-11 CITY OF June 27, 2013 Samuel Unger, Executive Officer Los Angeles Regional Water Quality Control Board 320 West Fourth Street, Suite 200 Los Angeles, California 90013 Attention: Renee Purdy RANCHO PALOS VERDES OFFICE OFTHE CITY MANAGER LETTER OF INTENT TO PARTICIPATE IN THE DEVELOPMENT OF AN ENHANCED WATERSHED MANAGEMENT PROGRAM IN COLLABORATION WITH THE PALOS VERDES PENINSULA WATERSHED AGENCIES Dear Mr. Unger; The City of Rancho Palos Verdes, with this letter, states its intent to collaborate with the Palos Verdes Peninsula Watershed Group (Group) in the development of an Enhanced Watershed Management Program (EWMP) in accordance with the new MS4 Permit by Order No. R4-2012-0175 for submission to your Board. The EWMP will address all of the required elements in the MS4 Permit for each of the watersheds to which the City is tributary. The Palos. Verdes Peninsula Watershed Group includes only the following agencies: the City of Rancho Palos Verdes, the City of Palos Verdes Estates, the City of Rolling Hills Estates, the County of Los Angeles, and Los Angeles Flood Control District. The City of Rancho Palos Verdes further intends to cost share in the development cost of an Enhanced Watershed Management Program (EWMP). A cost sharing formula has been negotiated among participating representatives of the Group as to the equitable distribution of costs. Should you have any questions, please contact me or Andy Winje at 310-544-5252. Sincerely, Carolyn Lehr City Manager 30940 HAWTHORNE BLVD. I RANCHO PALOS VERDES. CA 90275-5391 I (310) 544-5205 I FAX (310) 544-5291 E·MAIL: CLEHR@RPV.COM / WWW.PALOSVEROES.COM/RPV PRINTED ON RECYCLED PAPER F-12 CITY OF June 27, 2013 Samuel Unger, Executive Officer Los Angeles Regional Water Quality Control Board 320 West Fourth Street, Suite 200 Los Angeles, California 90013 Attention: Renee Purdy RANCHO PALOS VERDES OFFICE OFTHE CITY MANAGER LETTER Of INTENT TO PARTICIPATE IN THE DEVELOPMENT OF A COORDINATED INTEGRATED MONITORING PROGRAM IN COLLABORATION WITH THE PALOS VERDES PENINSULA WATERSHED AGENCIES Dear Mr. Unger; The City of Rancho Palos Verdes, with this letter, states its intent to collaborate with the Palos Verdes Peninsula Watershed Group (Group) in the development of a Coordinated Integrated Monitoring Program (CIMP) in accordance with the new MS4 Permit by Order No. R4-2012-0175 for submission to your Board. The CIMP will address all of the required monitoring elements in the MS4 Permit for each of the watersheds to which the City is tributary. The Palos Verdes Peninsula Watershed Group includes only the following agencies: the City of Rancho Palos Verdes, the City of Palos Verdes Estates, the City of Rolling Hills Estates, the City of Rolling Hills, the County of Los Angeles, and Los Angeles Flood Control District. The City of Rancho Palos Verdes further intends to cost share in the development cost of a Coordinated Integrated Monitoring Program (CIMP). A cost sharing formula has been negotiated among participating representatives of the Group as to the equitable distribution of costs. Should you have any questions, please contact me or Andy Winje at 310-544-5252. Sincerely, Carolyn Lehr City Manager 30940 HAWTHORNE BLVD./ RANCHO PALOS VERDES, CA 90275-5391 / (310) 544-5205 /FAX (310) 544-5291 E·MAIL: CLEHR@RPVCOM / WWWPALOSVERDES.COM/RPV PRINTED ON RECYCLED PAPER F-13 Notice of Intent, Submitted to Regional Board on June 27, 2013 F-14 Transmittal CITY OF To: losangeles@waterboards.ca.gov Sam Unger, Executive Officer RANCHO PALOS VERDES PUBLIC VVORl<S DEPARTMENT Regional Water Quality Control Board, Los Angeles Region 320 4th Street Suite 200 Los Angeles, California 90013 Attention: Rene Purdy SUBMITTAL OF THE NOTICE OF INTENT FOR DEVELOPMENT OF AN ENHANCED WATERSHED MANAGEMENT PROGRAM FOR THE PENINSULA WATERSHED EWMP AGENCIES. Attached: Please find the attached Notice of Intent {NOi) to develop an Enhanced Watershed Management Program (EWMP) for the cities and agencies comprising the Palos Verdes Peninsula Watershed (Peninsula EWMP Agencies). This NOi is prepared on behalf of the Cities of Rancho Palos Verdes, Palos Verdes Estates, and Rolling Hills Estates, the County of Los Angeles, and the Los Angeles County Flood Control District. All agencies have approved this NOi for submission to the Regional Water Quality Control Board, Los Angeles Region. We look forward to working with your staff during the upcoming year in the development of the Enhanced Watershed Management Program. Please contact me at AndyW@rpv.com or (310)-544-5249 if you have any questions. Program Chair Attachment: Cc: Renee Purdy, California Regional Water Quality Control Board, Los Angeles Region Ivar Ridgeway, California Regional Water Quality Control Board, Los Angeles Region William Johnson, Los Angeles County Department of Public Works Andy Winje, City of Rancho Palos Verdes Allan Rigg, City of Palos Verdes Estates Greg Grammer, City of Rolling Hills Estates John Hunter, John L. Hunter and Associates Kathleen McGowan, Geosyntec 30940 H.i.\WTHORNE ROULEVAF<D I 1~1\NCHO 11\LOS VfROFS. C/\. 90275-5391 / (310) 544·5252 / r.A.X (310) 544·5::292 / WWWP/.\LOSVH<DESCOM/RPV PRJNTED ON l~ECYCLEO !~PER F-15 Notice of Intent Peninsula Enhanced Watershed Management Plan (EWMP) City of Rancho Palos Verdes City of Palos Verdes Estates City of Rolling Hills Estates County of Los Angeles Los Angeles County Flood Control District F-16 Notice of Intent Peninsula Enhanced Watershed Management Program (EWMP) SECTION 1. PROGRAM TYPE AND PERMITTEES The Cities of Rancho Palos Verdes, Palos Verdes Estates, Rolling Hills Estates, the County of Los Angeles, and the Los Angeles County Flood Control District (Peninsula EWMP Agencies) are parties to this Notice of Intent (NOi) and are hereby notifying the Los Angeles Regional Water Quality Control Board (Regional Water Board) of their intent to develop an Enhanced Watershed Management Plan (EWMP) for the Peninsula Watershed. This NOi is being submitted in accordance with Part Vl.C.4.b.i of Order R4-2012- 0175. In accordance with Order R4-2012-0175, the Peninsula EWMP Agencies meet the LID and Green Street cor.iditions and will submit a Work Plan within 18 months of the effective date of the Order (June 28, 2014) and will submit the Draft EWMP within 30 months of the effective date of Order (June 28, 2015). See Table 1 for milestone dates associated with the proposed EWMP. Table 1: Planning Dates: EWMP Initial Submittals, Revisions, and Approval Dates. Permit Milestone Milestone Date Task Effective Date of Order December 28, 2012 60 Days from Effective Date February 26, 2013 Initiate LID Ordinance and Green Streets Policy development 6 months from Effective Date June 28, 2013 Complete draft of LID Ordinance and Green Streets Policy 18 months from Effective Date June 28, 2014 Submit EWMP Work Plans 30 months from Effective Date June 28, 2015 Submit Draft EWMPs 4 months from Draft EWMP October 2015 Regional Water Board comments on EWMP 3 months from Regional Board January 2016 Submit Final EWMP Comments 3 months from submission of Final EWMP Peninsula EWMPNOI April 2016 Regional Board approval of EWMP Begin implementing EWMP 1 June 27, 2013 F-17 SECTION 2. TOTAL MAXIMUM DAILY LOADS ESTABLISHED WATER QUALITY BASED EFFLUENT LIMITATIONS: The Peninsula EWMP Agencies are responsible for eight TMDLs. Table 2 lists all applicable TMDLs. Table 3 lists all applicable interim and final trash Water Quality Based Effluent Limitations (WQBELs) and all other final WQBELs occurring prior to EWMP approval. Table 2: List of TMDLs applicable to the Peninsula EWMP Agencies. TMDL Santa Monica Bay Beaches Wet Weather Bacteria TMDL -Group 7 Santa Monica Bay Beaches Dry Weather Bacteria TMDL -Group 7 Santa Monica Bay Nearshore and Offshore Debris TMDL Machado Lake Trash TMDL Machado Lake Pesticides and PCBs (Toxics) TMDL Greater Los Angeles and Long Beach Harbor Waters Toxic Pollutants TMDL Santa Monica Bay TMDL for DDTs and PCBs Peninsula EWMPNOI LARWQCB Resolution Number 2 Effective Date and/ or Environmental Protection Agency (EPA) Approval Date June 27, 2013 F-18 Table 3: Applicable Interim and Final Trash WQBELs and all other Final WQBELs and Receiving Water Limitations Occurring Before EWMP Approval (April 2016). TMDLOrder WQBEL Compl.iance with total allowabf .. e Santa Monica Bay Beaches exteedance days for summer ~weather Interim /Final Final Compliance Date July 1s, 2Qo6 Dry Weather Bacteria TMDL >----~~-~--------------·+-----i-~--.. ~~-·~ -Group 7 Compliance with total allowable exceedance days for winter dry-weather Santa Monica Bay Nearshore and Offshore Debris TMDL Machado Lake Trash TMDL Peninsula EWMPNOI 3 Final July 15, 2009 June 27, 2013 F-19 SECTION 3. IDENTIFY TMDL CONTROL MEASURES: The Peninsula EWMP Agencies are responsible for three TMDLs that have interim (trash only) and final WQBELs that occur prior to the anticipated approval of the Program. Table 4 identifies the implementation plans along with the status of those plans. The Peninsula EWMP Agencies will continue their efforts to implement the actions of the TMDL Implementation Plans and develop additional plans. Table 4: Implementation Plans for Peninsula Watershed TMDLs. Beat;;hes Wet Weather Sat:teria TMOL ica Bay Beaches Bacterial TMDLs Co Plan 15,2005 In addition to the implementation plans described above, full capture trash systems will be installed to comply with the Machado Lake Trash TMDL and the Santa Monica Bay Nearshore and Offshore Debris TMDL. See Table 5 for the implementation schedule. Table 5: Full Capture System Implementation Schedule. TMDL Machado Lake Trash TMDL Implementation Plan and Control Measures re Systems to Status of Implementation Completed c Sant_a_M_o-ni~-a-B_a_y_N_e-arwwwswwwhowww~,-~I n~s~ta!,~l~I c~e~rt~if~ie!!d~Full Cwwwawwwpwwwtuwwwrwww;,-Sy_s_t;m;t~www, ____ ,l(:;:;~m,J~;;;;,;~tld;a1t~dl and Offshore Debris TMDL reduce baseline 20% Section 3.1 -Machado Lake Catch Basin Inserts All city-owned catch basins within the Machado Lake Watershed are planned to be retrofitted with Full Capture Systems to comply with the Machado Lake Trash TMDL. The cities of Rancho Palos Verdes, Palos Verdes Estates, and Rolling Hills Estates have proactively retrofitted approximately 60% of these catch basins within the Peninsula EWMP Agencies' jurisdiction. The remaining 40% of Machado Lake city- owned catch basins will be retrofitted within the 2013-2014 fiscal year using funding provided by the Proposition 84 Round 1 Grant "Machado Lake Trash TMDL" awarded to the city of Torrance. Section 3.2 -Santa Monica Bay Catch Basin Inserts The Santa Monica Bay Nearshore and Offshore Debris TMDL requires for the baseline load to be reduced by 20% by March 20, 2016. Each of the involved Peninsula EWMP Agencies plan to install certified Full Capture Systems to address drainage areas within the Santa Monica Bay Watershed to effectively reduce the baseline load by 20% within the required timeline. Peninsula EWMPNOI 4 June 27, 2013 F-20 SECTION 4. DEMONSTRATION OF MEETING LID ORDINANCE AND GREEN STREET POLICY REQUIREMENTS: The Peninsula EWMP Agencies have LID ordinances and Green Streets policies in development. Table 6 summarizes the status of the Permittees' LID ordinances and Table 7 summarizes the status of the Peninsula EWMP Agencies' Green Streets policies. More than 50% of the MS4 watershed area that will be addressed by the EWMP is covered by LID ordinances and Green Streets policies. Table 6: Status of LID Ordinance Coverage of the Peninsula EWMP Agencies. Permittee LID Ordinance Status MS4 Watershed Area for which Permittee is Responsible uaremiles Percentage of Watershed Area 21% 3% * City of Rolling Hi/ls Estates utilizes County of Los Angeles contract services and the County's draft LID Ordinance serves as the City's draft LID Ordinance. Status Descriptions: • Draft Ordinance -Permittee has completed, or will complete by June 28, 2013, the development of a draft LID Ordinance that is in compliance with the requirements of Order R4-2012-0175 for its portion of the MS4 watershed. Peninsula EWMPNOI 5 June 27, 2013 F-21 Table 7: Status of Green Street Policy Coverage of the Peninsula EWMP Agencies. Permittee Los Angeles County Flood Control District Green Street Policy Status ,,,,,.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Total MS4 Watershed Area Covered by LID Ordinances which Permittee is Responsible ',,,,,, [s,q!;I~!'..~ !!J:il~~l .. 13.5 22.6 of MS4 Watershed Area Covered LID Ordinance) Status Descriptions: Percentage of Watershed Area 3% • Draft Policy -Permittee has completed, or will complete by June 28, 2013, the development of a draft Green Street Policy that is in compliance with the requirements of Order R4-2012-0175 for its portion of the MS4 watershed. Peninsula EWMPNOI 6 June 27, 2013 F-22 SECTION 5. GEOGRAPHIC SCOPE OF ENHANCED WATERSHED MANAGEMENT PROGRAM: -Storm Drains City Boundary Machado Lake watershed Santa Monica Bay watershed Greater LA Harbor watershed Peninsula EWMP Areas _ Los Angeles County Flood Control Dislict territory Figure 1 : Watershed and Permittee Area Representation. The geographic scope of the Peninsula EWMP comprises the incorporated Cities of Rancho Palos Verdes, Palos Verdes Estates and Rolling Hills Estates and unincorporated areas of the County of Los Angeles. The Palos Verdes Peninsula is situated in the southwestern portion of Los Angeles County atop the Palos Verdes Hills, which are bounded to the north by Torrance, to the east by the City of Los Angeles, and to the south and west by the Pacific Ocean. The Palos Verdes Peninsula is distinct in topography and land usage when compared with much more densely developed, low-lying neighboring areas. The major land use designation on the Peninsula is residential with significant portions of open space and soft bottom canyons. A drainage divide dissects the Peninsula from the northeast to the southwest with the westerly portion draining into the Santa Monica Bay and the easterly portion draining to two sub-watersheds within the Dominguez Channel Watershed; the Machado Lake and the Greater LA Harbor sub-watersheds. Drainage from the Peninsula Cities is conveyed via the natural soft bottom canyon systems in conjunction with structured storm drain systems. These systems are intertwined and cross-connected warranting a Peninsula-wide coordinated approach to monitoring and implementation efforts. The City of Rolling Hills is not currently intending to participate in the EWMP, but will be participating in the Coordinated Integrated Monitoring Program (CIMP) along with the members of the Peninsula EWMP. Peninsula EWMPNOI 7 June 27, 2013 F-23 Due to the City's unique character and topographic features, the City is developed with single family residences on large estate like lots where low impact development measures are regularly implemented. Therefore, the City has determined that there is no reasonable opportunity for regional or distributed BMPs within the City other than LID implemented on private property;, therefore, the City of Rolling Hills has determined to implement the minimum control measures and utilize source control and institutional controls to meet the Permit requirements. Figure 1 provides a map of the watershed boundaries and notes the jurisdictional boundaries of the Permittees. Although the Peninsula EWMP does not include all jurisdictions within the Palos Verdes Peninsula, all drainage infrastructure operated and maintained by the Los Angeles County Flood Control District within the boundaries shown in Figure 1 will be covered under the EWMP. Permittees do not have jurisdiction over lands owned by school districts, the State of California, or the Federal government. The Peninsula EWMP area identified by watershed and Permittee is provided in Table 8. Table 8: Santa Monica Bay Watershed Land Area by Peninsula EWMP Agency. Permittee Los Angeles County Flood Control Distric Total ·----~ Peninsula EWMPNOI Land Area within Land Area Land Area within Total EWMP Area Santa Monica Bay Watershed s within Machado Lake Watershed s N/A 4.9 8 Greater LA Harbor Watershed s N/A 3.4 0 22.6 ·---· June 27, 2013 F-24 SECTION 6. PLAN CONCEPT AND INTERIM MILESTONES AND DEADLINES: The Peninsula EWMP Agencies have collectively developed Implementation and Monitoring Plans with strategies to comply with the area's TMDLs. The Peninsula EWMP Agencies will continue to apply strategies set forth by the developed plans as well as build upon the current plans. In addition, the Peninsula EWMP Agencies will re-evaluate the proposed watershed control measures, identify additional regional projects to maximize opportunities for retaining all non-stormwater runoff and stormwater from the 85th percentile, 24-hour storm event, and identify additional watershed control measures for those areas in the watershed that cannot be addressed by a regional project. The Peninsula EWMP Agencies are comprised mostly of residential land use areas with a geographical setting of multiple hills. The hills in this area pose the greatest challenge in finding an area to implement a regional project, however they also allow for a greater opportunity in a project being fed by gravity rather than pumping water to an infiltration project. For example, the Chandler Quarry pit collects flows from a 707 acre tributary area and has the capacity to retain and infiltrate up to the SO-year storm before discharging to the nearby Project 77 storm drain. This benefit allows for a less expensive, more sustainable regional project. Table 9 lists interim milestones and deadlines for the Peninsula EWMP. Table 9: Enhanced Watershed Management Program Interim Milestones and Deadlines. Milestone Complete draft CIMP Complete internal draft of EWMP Work Plan Compile technical memorandum of water quality priorities Submit final EWMP Work Plan Develop interim numeric milestones for EPA developed TMDLs Conduct initial RAA based on selected watershed control measures Complete internal draft of EWMP Submit draft EWMP to Regional Water Board Submit Final EWMP to Regional Water Board (revised based on Regional Water Board comments) SECTION 7. COST ESTIMATE: Deadline December 2013 March 2014 March 2014 June 2014 August 2014 December 2015 May 2015 June 2015 January 2016 It is estimated that the cost for the Peninsula Watershed EWMP development is $600,000. In addition, the Peninsula EWMP Agencies will contribute approximately $18,000 in contract administration costs and thousands of dollars to in-kind services. The additional cost beyond the consultant contractual amount to prepare the EWMP has not been evaluated as it may vary for each participating agency. SECTION 8. PERMITTEE MEMORANDA OF UNDERSTANDING: A copy of the final draft Memoranda of Understanding (MOU} between the Cities of Rancho Palos Verdes, Palos Verdes Estates, Rolling Hills Estates, the County of Los Angeles, and the Los Angeles County Flood Control District is included in Attachment A. All agencies have committed to participation in the EWMP through signed letters of intent located in Attachment B. The agreement will be executed before December 28, 2013. Peninsula EWMPNO/ 9 June 27, 2013 F-25 SECTION 9. COMMITMENT TO IMPLEMENT A STRUCTURAL BMP OR SUITE OF BMPS: The Permittees listed in Table 10 will implement the identified structural BMP or suite of BMPs to fulfill the obligations under Part VI.Cb.iii. Table 10: Structural BMPs to be Implemented in the Peninsula EWMP Watersheds. Watershed Dominguez Channel ·watershed Santa Monica Bay Watershed Structural BMP or Suite of BMPs to be Implemented Section 9.1 -Model Equestrian Center Planned Implementation Date The Model Equestrian Center project will use the existing municipal Peter Weber Equestrian Center, a seven and one-half (7.5) acre facility that houses 116 horses, to create a public demonstration site for environmentally sustainable horse-keeping practices while improving the quality of stormwater and other runoff. This project will be divided into two parts. Part A of this project will involve retrofits of existing facilities. The existing equestrian facilities will be retrofitted to improve drainage and stormwater runoff quality. These retrofits will include downspout redirection, drainage correction from existing horse stalls, bioswale or similar water quality treatment system installation, cover for daily manure storage, and drainage improvements to existing arenas and the overall site. Water quality will be improved by providing a permanent cover for daily manure storage, directing runoff away from areas where horses are kept, and bioswales will provide stormwater treatment by filtering large particles in the swale and removing smaller particles and associated contaminants through the bioretention portion provided by the vegetation. Part B of this project involves new construction. A new 15,000 square-foot barn and associated improvements will be constructed on the 2.5 acre northwest portion of the site. Key water quality features will include a covered horse wash area with wash water captured and reused for subsurface irrigation to maintain appearance of habitat buffers and treatment bioswales, manure management to control vectors, odors and runoff, and a cistern or rain barrels to collect rainfall from the barn roof for use in irrigation. In addition, the facility will utilize Low Impact Development (LID) and green building techniques, integrated pest management through structural design, and equine-safe native and drought- proof plant buffers. Both parts of the project, the new facility and the retrofit, will be designed to demonstrate BMPs that can be easily replicated at private stables. Interpretive signage will demonstrate and educate the equestrian community on how the BMPs protect and improve stormwater quality. This signage will be installed to educate horse boarders and visitors on the specific BMPs integrated into the facilities and on the site. Section 9.2 -San Ramon Canyon Stormwater Flood Reduction Project The San Ramon Canyon is located in the southeastern corner of the city of Rancho Palos Verdes. The canyon provides a natural drainage course for areas near Palos Verdes Drive East. Due to the geographical characteristics of the canyon, landslide induced rock and soil deposits in the canyon bottom are transported during heavy rainfall events. This creates flooding of the roadway, overwhelming existing drainage facilities, endangering nearby roadway integrity and threatening downstream residents. The San Peninsula EWMPNOI 10 June 27, 2013 F-26 Ramon Canyon Stormwater Flood Reduction Project, estimated to cost approximately twenty million dollars ($20,000,000), involves significant drainage restoration work to stabilize Palos Verdes Drive East and Palos Verdes Drive South. According to the Project Study Report for the San Ramon Canyon project, the canyon is capable of producing over 5,400 cubic yards of debris and sediment. The effects of sediment in stormwater runoff on receiving water quality are both environmentally and economically costly. Sediment laden runoff can adversely affect water quality physically, chemically, and biologically. The sediment that is transported by stormwater runoff can carry organic matter, animal wastes, heavy metals, nutrients and pesticides. All of these pollutants bind to sediment particles and can pose significant threats to the quality of downstream waters. Substantial impacts from heavy sediment loading can range from direct effects on aquatic ecosystems such as increased turbidity and algal blooms, to indirect threats to human health from toxic materials accumulating in fish tissue. The myriad of effects on water quality from sediment-laden runoff can introduce aquatic biota and public health concerns resulting in substantial impacts for municipalities. The San Ramon Canyon Stormwater Flood Reduction Project will help alleviate environmental consequences by reducing the amount of sediment and associated pollutants to the Santa Monica Bay and Pacific Ocean. The San Ramon Canyon Stormwater Flood Reduction Project is anticipated to be completed by June 2015. Peninsula EWMPNOI 11 June 27, 2013 F-27 Attachment A Memoranda of Understanding (MOU) F-28 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF RANCHO PALOS VERDES, THE CITY OF PALOS VERDES ESTATES, THE CITY OF ROLLING HILLS ESTATES, THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, AND THE COUNTY OF LOS ANGELES REGARDING THE ADMINISTRATION AND COST SHARING FOR DEVELOPMENT OF THE ENHANCED WATERSHED MANAGEMENT PROGRAM FOR THE PENINSULA EWMP AGENCIES This Memorandum of Understanding (MOU), is made and entered into as e>f the date of the last signature set forth below by and between THE CITY QF RANC}•IQ PALOS VERDES, a body corporate and politic, THE CITY OF PALOS. VERDES ESTATES, a body corporate and politic, and THE CITY OF ROLLING HILLS 12:STATES, a body corporate and politic, a body corporate and politic, LOS .ANGEL~$ COUNTY FLOOD CONTROL DISTRICT (LACFCD), apolitical subdivision of~tbe. State; ,of California, and THE COUNTY OF LOS ANGELES (LA County), a politicql sub'Q:ivi~ion of the State of California. Collectively, these entities shall be known h~rt3in as "PARTIES" or individually as "PARTY." · WITNESSETB· .. ) " ' WHEREAS, the Regional Watet Quality Control Board, Los Angeles Region (Regional Board) adopted the National Pollutant Discharge Elimination System Municipal Separate Storm Sewer System Permit Order No. R4-2012-0175 (MS4 Permit); and WHEREAS, the MS4 Permit beqame effective on December 28, 2012 and requires that the LACFCD'" LA COUNTY, and 84 of the 88 cities (excluding Avalon, Lancaster, Long Beach, ·~nd ~~lrpp;ile) within the County of Los Angeles comply with the prescribed elements of .tbe MS.!!. Permit; and ' WHEREAS, the PARYIES, have agreed to collaborate on the compliance of certain elements of the MS4 Permit; and WHEREAS, the PARTIES collaboratively prepared a final Scope of Work as shown in Exhibit D and Request for Proposal to obtain a Consultant to assist the PARTIES with compliance with certain elements of the MS4 Permit; and WHEREAS, the PARTIES propose for the Consultant to prepare and deliver a Final Work Plan, Draft and Final Enhanced Watershed Management Program (EWMP) in compliance with certain elements of the MS4 Permit, at a total cost of approximately six hundred thousand dollars ($600,000) as shown in Table 1 of Exhibit A; and Page 1 of 18 F-29 WHEREAS, the PARTIES have determined that hiring a Consultant to prepare and deliver the EWMP will be beneficial to the PARTIES and they desire to participate and will provide funding in accordance with the cost allocation in Table 3 of Exhibit A; and WHEREAS, the CITY OF RANCHO PALOS VERDES will act on behalf of the PARTIES in the administration of the consultant service agreement for the preparation of the EWMP; and WHEREAS, the PARTIES have agreed to establish a EWMP working group (comprised of designated staff from each PARTY) to provide t~ctmical oversight and project management for the development of the PLANS, and · WHEREAS, the PARTIES agree that each shall assume ft{ll and independent responsibility for ensuring its own compliance with ttl.e · MS4 P:~rmit despite the collaborative approach of the MOU. · · ·· f, NOW, THEREFORE, in consideration oLtEie mutual beljl.efits to be derived by the PARTIES, and of the promises contained in this''JYIOU~·il is;h~r~b>y agreed as follows: Section 1. Recitals: The recitals set foqh 8.bov~ are,, fully incorporated as part of this MOU. Section 2. Purpose: The purpose of this MQJJ i~.·to cooperatively fund the preparation and submittal, to the Regional Board, of the EWMP. Section 3. Cooperation: The PARTIES spall fully cooperate with one another to attain the purpose of this MOU, . Section 4. Voluntary: this ·MQU is voluntarily entered into for the purpose of preparing and submitting to the Regional Board the EWMP. Section 5. Ternis: This MOU shall become effective on the latest date of execution by a PARTY or Decemb~r 28, 2013 and shall remain in effect until the Regional Board's final approval date of the. last outstanding portion of the EWMP, or until the CITY OF RANCHO PALOS VERDES has provided written notice of completion of the scope of work described hereto, and payment by all PARTIES of their allocated pro-rata share hereunde.r. Section 6. Assessment for Proportional Cost for EWMP: The PARTIES agree to pay the CITY OF RANCHO PALOS VERDES for preparation and delivery of the EWMP in the amounts shown in Table 3 of Exhibit A, based on the cost allocation formula shown in Table 2 of Exhibit A, attached hereto and made part of this MOU by this reference. The CITY OF RANCHO PALOS VERDES will invoice the PARTIES upon execution of this MOU as shown in Table 4 of Exhibit A, based on the allocated costs for developing the Page 2 of 18 F-30 Plan and the project administration and management costs at a percentage of 3% of the allocated costs for development of the Plan. At the end of each fiscal year, the CITY OF RANCHO PALOS VERDES will provide the Agencies with a statement with the actual contracted expenditures. Unexpended cost at the termination of this MOU will be reimbursed to the PARTIES. Section 7. CITY OF RANCHO PALOS VERDES Agrees: a. To utilize the funds deposited by the PARTIES only for the administration of the Consultant contract, project management, and the prepatation and ,cQmpletion of the EWMP. b. To provide the PARTIES with an electronic copy of the draftand final EWMP as · submitted to the Regional Board within 5 busihess .days' of. receipt from the Consultant. c. To provide an accounting at the terminati6n ot'.the MQlU or cancellation thereof and return the unused portion of af(funqs1·~~posited with the CITY OF RANCHO PALOS VERDES using the cost allocation formula in Table 2 of Exhibit A. .. . . ., d. To notify the PARTIES if the a:etual cost .:of the preparation of the EWMP will exceed the cost estimates showh· in ~~hibit A and obtain approval of the increase from the PARTIES. Upon· approval of the cost increase by the PARTIES, the CITY OF RANCHO PALOS VERDES will invoice the PARTIES per the cost allocation torrnula ir1Table 2 of Exhibit A. The PARTIES shall have 30 days from receipt of the invoice to provide the payment to RANCHO PALOS VERDES. . . Section 8. THE PARTIES Further Agree: a. 1.o make a fl.JU· .'.faith effort to cooperate with one another to achieve the purposes of this MOU by providing information about project opportunities, reviewing deliverables in a timely manner, and informing their respective administration, agency heads, and/or governing body. b. To fund the cost of the preparation and delivery of the EWMP and to pay the CITY OF RANCHO PALOS VERDES for the preparation and delivery of the EWMP based on the cost allocation shown in Table 2 of Exhibit A within 60 days of receiving an invoice. c. To grant reasonable access rights and entry to the Consultant, on an as- needed basis during the terms of this MOU to the PARTY'S facilities (i.e. storm drains, channels, catch basins, properties, etc.) (FACILITIES) to Page 3 of 18 F-31 achieve the purposes of this MOU, provided, however that prior to entering any PARTY'S facilities, the CITY OF RANCHO PALOS VERDES or their Consultant shall provide written notice to the PARTIES at least 72 hours in advance. For the purposes of this provision, written notice shall include notice delivered via e-mail that has been delivered to the PARTIES' representative identified on Exhibit B. The CITY OF RANCHO PALOS VERDES shall require the consultant retained pursuant to this MOU to agree to indemnify, defend and hold harmless each PARTY, its special districts, their elected and appointed officers, employees, and agents, from and against any and all liability, including but not limited to demands, claims, actions, fees, costs, and expenses (including attorney and expert fees), arising fretn or connected with the Consultant's performance of its agreement with .the CITY OF RANCHO PALOS VERDES. In addition, the CITY OF RANCHO PA~CDS VERDES shall require the Consultant to carry, maintain, and k.~ep in fdll :force and effect an insurance policy or policies, and each PAR:r¥,.; its officers, employees, attorneys, and designated volunteers shall be named as adtlitional insureds on the policy(ies) with respect to liabilitie.s a(ising Olffof the"Consultant's work. These requirements will also apply to any sub~ontractors hired by the Consultant. This indemnification is in ~(jdi\ic>n to. the· iother indemnities made herein. · · d. The PARTIES are, and shall at all times remain as to each other, wholly independent entities. ·· e. Any notices, bills, invoices, or reports relating to this MOU, and any request, demand, statemeni;.or other communication required or permitted hereunder shall be in writing ar:i~ shall be delivered to the representatives of the PARTIES at the .addresses set forth in Exhibit B attached hereto and incorporated herein by: .reference, f. This MOU shall b.e binding upon, and shall be to the benefit of the respective successors, heirs, .. and assigns of each PARTY; provided, however, neither PARTY may assign its respective rights or obligations under this MOU without the prior written consent of the other PARTIES. g. This MOU is governed by, interpreted under, and construed and enforced in accordance with the laws of the State of California. h. If any provision of this MOU shall be determined by any court to be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement shall not be affected, and this MOU shall be construed as if the invalid, illegal, or unenforceable provision had never been contained in this MOU. i. All PARTIES have been represented by counsel in the preparation and negotiation of this MOU. Accordingly, this Agreement shall be construed Page 4 of 18 F-32 according to its fair language. Any ambiguities shall be resolved in a collaborative manner by the PARTIES and shall be rectified by amending this MOU as specified in section 12(e). j. Each of the persons signing below on behalf of a PARTY represents and warrants that he or she is authorized to sign this MOU on behalf of such PARTY. k. Each PARTY shall have no financial obligation to the other PARTIES of this MOU, except as herein expressly provided. Section 9. Invoice and Payment a. Payment: The PARTIES shall reimburse the ,CITY OF RANCHO PALOS VERDES for their proportional share cost tot f:)teparation and delivery of EWMP and project administration and management CG$tas shown in Table 4 of Exhibit A within thirty (30) days of the ihtv0Jce ftqrtil the CITY OF RANCHO PALOS VERDES. . Invoice: The CITY OF RANCHOJ?ALOS VERDES will invoice PARTIES as shown in Table 4 of Exhibit A .. · · · b. Late Payment Penalty: Any payment that:is late shall be subject to interest on the original amount due from the tta,.te U1at the payment first became due. The interest rate shall be equal to the Prlme Rate in effect when the payment first became due plus ohe percent for any payment that is made from 1 to 30 days after the due date. Tlie. Prime Rate in effect when the payment first became due plus five.(!;) percent shall apply for any payment that is made from 31 to 60 days after 'tl:ie due tja.te. The Prime Rate in effect when the payment first became· due plus .ten (10) percent shall apply for any payment that is made more than 60 days after the due date. The rates shall, nevertheless, not exceed the ma,.xirnum allowed by law. If the PARTY or PARTIES remain delinquent afterthe above procedures, then the CITY OF CITY OF RANCHO PALOS VERDES may notify the Regional Board that the delinquent PARTY OR PARrlES are no longer a participating member of the PLANS, and said PARTYor PARTIES shall then be deemed to have terminated its participation as a PARTY to this MOU ("EXCLUDED PARTY") and their name(s) may be removed from the PLANS. Any EXCLUDED PARTY'S delinquent amount(s) wHI be paid in accordance with the remaining PARTIES pro-rata share pursuant to Table 3 of Exhibit A, as adjusted to remove the EXCLUDED PARTY from the allocation. The CITY OF RANCHO PALOS VERDES will revise Table 3 of Exhibit A to show the recalculated costs for each remaining participating PARTY; these revised exhibits will be included with the next invoice to the PARTIES. The PARTIES shall retain all contractual, legal, and equitable rights and causes of action to recover any delinquent amounts paid Page 5 of 18 F-33 that were owed by an EXCLUDED PARTY or PARTIES who failed to make such payments. Section 10: Indemnification a. To the fullest extent permitted by law, each PARTY shall indemnify, defend, and hold harmless each other PARTY, including its special districts, elected and appointed officers, employees, agents, attorneys, a.nd designated volunteers from and against any and all liability, including, but not limited to demands, claims, actions, fees, costs, and expenses {including "~9-sonable attorney's and expert witness fees), arising from, or connected with the respective acts of each PARTY arising from or relatedtp this MOU; provided, however, that no PARTY shall indemnify anotper PARTY for that PARTY'S own negligence or willful misconduct. · b. In light of the provisions of Section 8~6~e':iof the; ~bvernment Code of the State of California imposing certain ·•teft licttilility jojntly upon public entities solely by reason of such entities being;part,i~~:JR S\n agreement (as defined in Section 895 of said Code), each of tne··PARTlES hereto, pursuant to the authorization contained in $e'Ctioh · 895:4 .: .and 895.6 of said Code, shall assume the full liability imf:)l~sed uport it dt any of its officers, agents, or employees, by law for injury caused by .any act or omission occurring in the performance of this MOU to the s~rpe extent -such liability would be imposed in the absence of Section 895.2 of said Code. To achieve the above stated purpose, each PARTY indemnifies, defends, and holds harmless each other PARTY for any liabinty,, cost, QJ expense that may be imposed upon such other PARTY ~0tely by vique of said Section 895.2. The provisions of Section 2778 of .the Gqliforula Qivn; Code are made a part hereof as if incorporated herein. · · Section 11. Termination.or Amendment a. A PARTY may withdraw from this MOU upon 60 days written notice to the other: parties, subject to payment of any invoice received from CITY OF RANCHO PALOS VERDES prior to or during the 60-day notice period for its share of the cost of the work completed as of the date of its notice of withdrawal, calculated in accordance with the cost-sharing percentages set forth in Table 3 of Exhibit A. The effective withdrawal date shall be the sixtieth (60th) day after CITY OF RANCHO PALOS VERDES receives the withdrawing PARTY's notice to withdraw from this MOU. CITY OF RANCHO PALOS VERDES shall refund to the withdrawing PARTY any uncommitted and unused funds paid by the withdrawing PARTY's effective withdrawal date. All PARTIES understand, acknowledge, and agree that withdrawal from this MOU will terminate any responsibility, liability, or obligation of the Page 6 of 18 F-34 withdrawing PARTY under this MOU commencing on the effective withdrawal date and that the withdrawing PARTY shall remain liable for its share of any loss, debt or liability incurred prior to the withdrawal date, and for any work which could not be suspended. Withdrawal from this MOU does not release any PARTY from the obligations set forth in MS4 Permit. b. If a substantial change is made to the MS4 PERMIT with regards to compliance through EWMP or other circumstances necessitate an amendment, this MOU may be amended through mutual agreement of all PARTIES specified in section 12(e). c. If a PARTY fails to substantially comply with any of tt:Je terms or conditions of this MOU,that PARTY shall forfeit its rights to work·comp:leted through this MOU, but no such forfeiture shall occur unless apd until the defaulting PARTY has first been given notice of its default and a reasonable opportunity to cure the alleged default. · ·" Section 12. General Provisions , , ' , a. Notices. Any notices, bills, invoice$, of ·reports relating to this MOU, and any request, demand, statemen\ qr cithe~ ccrrmr:nunication required or permitted hereunder shall be in writing and shall be delivered to the Representative of the Party at the address set forth in Exhibit B. Parties shall promptly notify each other of any change of con.t$Ct information, including personnel changes, provided in Exhibit B. Written notice shall include notice delivered via email or fax. A nqtice shall be deemed to have been received on (a) the date of delivery, if deliyered by hand during regular business hours, or by confirmed facsimile or by emaJI; or (b) on the third (3) business day following mailing by registers~. or certified mail (return receipt requested) to the addresses set fortn ·in Exhibit B. b. Administ~ation. For the purpose of this MOU, the parties hereby designate as their respective F>arty Representatives the persons named in Exhibit B. The de9igna'lie,q Party Representatives, or their respective designees, shall admim,ister the terms and conditions of this MOU on behalf of their respective . Party. ~ach of the persons signing below on behalf of a Party represents and warrants that they are authorized to sign this MOU on behalf of such Party. c. ~elationship of Parties. The Parties are and shall remain at all times as to each other, wholly independent entities. No Party to this MOU shall have power to incur any debt, obligation, or liability on behalf of another Party unless expressly provided to the contrary by this MOU. No employee, agent, or officer of a Party shall be deemed for any purpose whatsoever to be an agent, employee or officer of another Party. Page 7 of 18 F-35 d. Binding Effect. This MOU shall be binding upon and inure to the benefit of each Party to this MOU and their respective heirs, administrators, representatives, successors and assigns. e. Amendment. The terms and provisions of this MOU may not be amended, modified or waived, except by an instrument in writing signed by all the Parties. f. Waiver. Waiver by any Party to this MOU of any term, condition, or covenant of this MOU shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party to any breach of the provisions of ·this MOU shall not constitute a waiver of any other provision, nor a waive·r of any subsequent breach or violation of any provision of this MO~~ g. Law to Govern; Venue. This MOU shall beF interpretea, construed and governed according to the laws of the State OJ· Cal!1Gn:iJa. In the event of litigation between the Parties, venu<( ih 1 the 'S,tate tria'I courts shall lie exclusively in the County of Los Angel~s. h. No Presumption in Drafting. The ,.Rartie~ f~ this ivrou agree that the general rule that an MOU is to be inter:preted"~galnst the Party drafting it, or causing it to be prepared shall not apply: . i. Entire MOU. This MOU constitutes. th.e. entire agreement of the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, whether written or oral, with respect thereto. j. Severability. Jf ·any term;. proVision, condition or covenant of this MOU is declared or det9rmin~d. t:>Y any court or competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and this MOU shall be read and constructed without the invalfoi, void, or.un~nforceable provision(s). k. Cow.nterparts. This MOU may be executed in any number of counterparts, each of which shall be an original, but all of which taken together shall constitute but one and the same instrument, provided, however, that such counterparts shall have been delivered to all Parties to this MOU. I. All Parties have been represented by counsel in the preparation and negotiation of this MOU. Accordingly, this MOU shall be construed according to its fair language. IN WITNESS WHEREOF, the PARTIES hereto have caused this MOU to be executed by their duly authorized representatives and affixed as of the date of signature of the PARTIES: Page 8 of 18 F-36 CITY OF RANCHO PALOS VERDES Date: -------- ATTEST: By: ________ _ Carla Morreale City Clerk APPROVED AS TO FORM: Deputy City Attorney By: _____ ~--"-,- Page 9 of 18 By: ______ _ Carolyn Lehr City Manager F-37 CITY OF PALOS VERDES ESTATES Date: -------- ATTEST: By: _______ _ Anton Dahlerbruch City Clerk APPROVED AS TO FORM: Deputy City Attorney By:-----~---- Page 10 of 18 By: ______ _ Mayor F-38 CITY OF ROLLING HILLS ESTATES Date: -------- ATTEST: By: _______ _ Douglas R. Prichard City Clerk APPROVED AS TO FORM: Deputy City Attorney By:-------------- Page 11 of 18 By: ______ _ Mayor F-39 LOS ANGELES COUNTY FLOOD CONTROL DISTRICT Chief Engineer APPROVED AS TO FORM: John F. Krattli County Counsel By Deputy Date Page 12 of 18 F-40 COUNTY OF LOS ANGELES By GAIL FARBER APPROVED AS TO FORM: John F. Krattli County Counsel By Deputy Date Date Page 13 of 18 F-41 Table 1 : Total Cost Estimate. i i"' ,, .. , ' ! Estimated Contract Cost V"""' ,_,,, ,,,,_,-"•v., ' •« '>' NuhO'vo'«"W-"'•"' ; A~ .. '!1,.i~!~tE~!!c:>.~.Sc:>~!J3-~}~, .. , .. ,. EXHIBIT A PENINSULA EWMP AGENCIES Funding Contributions Total Cost ·· .J~o~~~~·o $18,000 ., ... ._ ... i ' i . ,. '~"·"''1 G;fCO Allocation %)2 I .. .. .·. . $61,~oo . . . · i "'";;,,"'"'''"'N'"="'"'-""'*"w&&;~wM•b•'WWWm,,,rnw••"·"''''''"""'~,,;(;,~,<>.'1W::!.WW<W0\ic'1~"'W:-W«W~fu~);:<'l'~W:«(W.tWdmmc((<llG&.'l®:\\U)W»2'f~:tl~b,\~%W.fW2i'>~t'il>::i'~,e;~<:;t(;,<a·,<>:,~~,q L COST TO BE DISTRIBUTED BY AREA ! Administration costs are estimated to be 3% of the Distributed Total Cost for each Penins 2 The Los Angeles County Flood Control District (LACFCD) has committed to contributing 10% o the development of the EWMP. Table 2: Cost Allocation Formula. Total Cost to be Distributed by Area= C Distributed Total Cost= (Total Cost+ Administ y Percent of Total Area Distributed Total Cost • . ,. ,,, ,,,4,,"~·~···•~••w·h• .. 0•.~··•~~.0~''''·""'''···l•••·····••"·'"'"'''''"""''=~~~ ... '''{'''"~''""="•""'" .. $ .. 3 ... 3 ... ~:~!i~~"=~~' :l Table 4: Invoice Sched1,1le. ! ,,,,,,,,,,,""'""~~~--~"~. ~'' .......,,,,,,_,_,.......,,.,;,,,,,,,=~""" L .. ~~:~ .... I RANCHO PALOS VERDES l"'"''."•'<~"<"''""':'.'.'<"'."W"."'''.<''."'"':":':"."''."'.'"''.'"'""""""'d' 1 Palos Vertl'es1f!states i i ..... :.~ ........ ' "' ',,,~,:,,,,c..;.;,,.,: .... ~.: ... : .. :.~ .. '~"'"'"""""" i' " '" I Rolling Hills Estates ; 0.7 22.6 Total Cost $118,~?~,, ""''"'" r··~;7~: .. ··r···~··· .. · ..... $;~.·.~~~;J~.~~~:· ....... ~-........ , 3% $17,227 100% $556,200 ............................ • .... nvoice Schedule ............ ..J November 1, 2013 1, 2014 "'"'"""""'""""''""'""'""" $~§..§~~~ .. 2 ""'""'""j~~.~!122 ... ········ ... ~, ' . ~~~t9~~ ' " ,,,,,,, ... $~~1965 f"'.C"'"""'C"'~'" ''.'.'."'"'""""'""""'"''."'.'''.":""'"''."""'"' '"'" ' ' 1 The Countyof Los Angeles $88,598 $44,299 $44,299 ' U •m"'"""" wcm_,,,,,,,,mm'<""~"<m• <'•~ "~"" m""" """'{ '• m'<' """'A'"""'~,, "• umoAvow~vmnuuu•wmn• $17,~~~.... " $8,614 $~!~14 l [LicFco· ....................... . r,::._-,,?'M-,Co!:i"''°~"'·'·,/"> ' ·<" ' '<fWC'<".;J''>"/,'c'">'W'''•;,•; """'' "'' , c ; ! ' I TOTAL $61,800 $30,900 r $30,900 " ""'""' %'VW=•••w•;w4;,,;;;;;;=w,,,,,,,,,w;y,,,,,",,;;;,,»MM, ,,,,,,.,,,,,,,,w.; •;-,;;;,•,,;"iWii>.i" ··~·"'' .,, ''".Y#.->W!!fii:'.,'>C,,»"f"W'/,5,;; '1' ', "'"''" *'·""'-''!:',i.w.;;;::,!:'-i>CiXMC"iffi>,"* ~· $61,S,!g22""" " ~.. $309,000 i ....... , ... ,.,., ... ' ~309,000 ,_ 1 l Page 14 of 18 F-42 EXHIBIT B PENINSULA EWMP AGENCIES Agencies Representatives -EWMP Working Group 1. City of Rancho Palos Verdes Department of Public Works 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 Party Representative: Andy Winje E-mail: andyw@rpv.com Phone: (310) 544-5249 Fax: (310) 544-5292 2. City of Palos Verdes Estates Department of Public Works 340 Palos Verdes Drive West Palos Verdes Estates, CA 9027 4 Party Representative: Allan Rigg E-mail: arigg@pvestates.org Phone: (310) 378-0383 Fax: (310) 375-5918 3. City of Rolling Hills Estat~i, Department of Public Worfe$t.,. 4045 Palos Verdes ·· · e Nott~ . Rolling Hills Estates,. 74;'i,t,. i· > <' '', ,.J,~o ;:;:,~~,,, ' ,~,.:::>:tY! , Grammer !ls-estates.ca. us '©7 · ele~'Gouflty Flood Control District 'ent of Public Works ed Management Division, 11 1h Floor 900 h Fremont Avenue Alhambra, CA 91803-1331 Party Representative: Gary Hildebrand E-mail: GHILDEB@dpw.lacounty.gov Phone: (626) 458-4300 Fax: (626) 457-1526 Page 15 of 18 F-43 5. County of Los Angeles Department of Public Works Watershed Management Division, 11th Floor 900 South Fremont Avenue Alhambra, CA 91803-1331 Party Representative: Angela George E-mail: AGEORGE@dpw.lacounty.gov Phone: (626) 458-4304 Fax: (626) 457-1526 Page 16 of 18 F-44 --storm Ol'ains Clt.ySoundal)I Macllllda La~e \Mllershed Santa Moolca Bay Wlltershed f I Gt~ate1· LA Hal'OOI' wau.rshed EXHIBIT C PENINSULA EWMP ANGENCIES Peninsula EWMP Areas -., L .,. Los Angeles County Flood Control Distlct terdtory Figure 1: Peninsula EWMP Agencies Map. Page 17 of 18 F-45 EXHIBIT D PENINSULA EWMP SCOPE OF WORK In Development -to be included in Final MOU Page 18 of 18 F-46 Attachment B Signed Letters of Intent F-47 CITY OF June 27, 2013 Samuel Unger, Executive Officer Los Angeles Regional Water Quality Control Board 320 West Fourth Street, Suite 200 Los Angeles, California 90013 Attention: Renee Purdy RANCHO PALOS VERDES OFFICE OFTHE CITY MANAGER LETTER OF INTENT TO PARTICIPATE IN THE DEVELOPMENT OF AN ENHANCED WATERSHED MANAGEMENT PROGRAM IN COLLABORATION WITH THE PALOS VERDES PENINSULA WATERSHED AGENCIES Dear Mr. Unger; The City of Rancho Palos Verdes, with this letter, states its intent to collaborate with the Palos Verdes Peninsula Watershed Group (Group) in the development of an Enhanced Watershed Management Program (EWMP) in accordance with the new MS4 Permit by Order No. R4-2012-0175 for submission to your Board. The EWMP will address all of the required elements in the MS4 Permit for each of the watersheds to which the City is tributary. The Palos Verdes Peninsula Watershed Group includes only the following agencies: the City of Rancho Palos Verdes, the City of Palos Verdes Estates, the City of Rolling Hills Estates, the County of Los Angeles, and Los Angeles Flood Control District. The City of Rancho Palos Verdes further intends to cost share in the development cost of an Enhanced Watershed Management Program (EWMP). A cost sharing formula has been negotiated among participating representatives of the Group as to the equitable distribution of costs. Should you have any questions, please contact me or Andy Winje at 310-544-5252. Sincerely, Carolynllhr City Manager 30940 Hi\WTHORNE BLVD i l<ANCHO PALOS \/f:RDES, CA 90275-5391 I (310) 544-5205 / Ft\X (310) 544-5291 H·1i\il. Cl.!·Hl~@RPVL0'1 / WWWP>\l.OSVl:RDrSC0'1/RPV l'RINFD ON !<Et:YCi FD l'i\P£R F-48 CITY OF (f}JrJM~ ~fJJiM June 20, 2013 Samuel Unger, Executive Officer Los Angeles Regional Water Quality Control Board 320 West Fourth Street, Suite 200 Los Angeles, California 90013 Attention: Renee Purdy OF Flt :r Dl THE CITY /vL·\Ni\t ;FR LETTER OF INTENT TO PARTICIPATE IN THE DEVELOPMENT OF AN ENHANCED WATERSHED MANAGEMENT PLAN IN COLLABORATION WITH THE PALOS VERDES PENINSULA WATERSHED AGENCIES Dei)i.Jfngpr: I am writing to express our intent to collaborate with the Palos Verdes Peninsula Watershed Group (Group) in the development of an Enhanced Watershed Management Program (EWMP) in accordance with the new MS4 Pennit by Order No.R4-2012-0175 for submission to your Board. The City Council was provided an overview of the MS4 Permit requirements and, accordingly, we will be presenting a Memorandum of Understanding (MOU) to the City Council for formal consideration by the due date of December 28, 2013. The MOU for the EWMP will address all of the coordination of compliance with the MS4 Pennit for each of the watersheds to which the City is tributary. Moreover, the MOU will address the cost allocation for the EWMP. The Palos Verdes Peninsula Watershed Group includes only the fr)llowing agencies: the City of Ranchos Palos Verdes, the City of Palos Verdes Estates, the City of Rolling Hills Estates, the County of Los Angeles, and Los Angeles Flood Control District. Should you have any questions, please contact Allan Rigg at 310.378.0383. :\40 Palos Verdes Drive \Vcs1, Palos Verdes Estates, C<tlifornia 9027,\ J 10--378.()383 F-49 FRA!'JK \'. ZERU'.'-!YAN JUDY MITCHELL JOH"l C. ADDLEMA'.'J Council _lvfembcr SCSA:--; SF.A!v!A'.\:S Cuuncil :.Wen1he1 STEVEN ZCCKERMAN Cotmcil .. \,temhc·1· DOUGLAS R. PRICHARD City Manager June 25, 2013 Samuel Unger, Executive Officer CITY OF ROLLING HILLS ESTATES 4045 PALOS VERDES DRIVE NORTH • ROLU"-iG HILLS ES'J~-\'.fES. CA 90274 TELEPtl01'E lJll.377.1177 FAX llll.l/7.4468 \\r'\VW.c 1. Rnlhng-I-lilh-Estate~.c a .us Los Angeles Regional Water Quality Control Board 320 West Fourth Street, Suite 200 Los Angeles, California 90013 Attention: Renee Purdy LETTER OF INTENT TO PARTICIPATE IN THE DEVELOPMENT OF AN ENHANCED WATERSHED MANAGEMENT IN COLLABORATION WITH THE PALOS VERDES PENINSULA WATERSHED AGENCIES Dear Mr. Unger: The City of Rolling Hills Estates, with this letter, states its intent to collaborate with the Palos Verdes Peninsula Watershed Group (Group) in the development of an Enhanced Watershed Management Program (EWMP) in accordance with the new MS4 Permit by Order No. R4-2012-0175, for submission to your Board. The EWMP will address all of the required elements in the MS4 Permit for each of the watersheds to which the City is tributary. The Palos Verdes Peninsula Watershed Group includes only the following agencies: the City of Rancho Palos Verdes, the City of Palos Verdes Estates, the City of Rolling Hills Estates, the County of Los Angeles, and Los Angeles Flood Control District. The City of Rolling Hills Estates further intends to cost share in the development cost of an Enhanced Watershed Management Program (EWMP). A cost sharing formula has been negotiated among participating representatives of the Group as to the equitable distribution of costs. Should you have any questions, please contact Assistant City Manager Greg Grammer, (310) 377-1577 ext.107,gregg@ci.rolling-hills-estates.ca.us. Sincerely, 4~ ~chard City Manager adm/ltrunger-enhanced watershed '., "• F-50 GAIL FARBER, Director June 24, 2013 COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS ''To Enrich Lives Through Effective and Caring Service" 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA 91803-1331 Telephone: (626) 458-5100 http://dpw.lacounty.gov Mr. Samuel Unger, P.E., Executive Officer California Regional Water Quality Control Board -Los Angeles Region 320 West 4th Street, Suite 200 Los Angeles, CA 90013 Attention Ms. Renee Purdy Dear Mr. Unger: LETTER OF INTENT -COUNTY OF LOS ANGELES PALOS VERDES PENINSULA ENHANCED WATERSHED MANAGEMENT PROGRAM ADDRESS ALL CORRESPONDENCE TO: P.O. BOX 1460 ALHAMBRA, CALIFORNIA 91802-1460 IN REPLY PLEASE REFER TO FILE: WM-7 The County of Los Angeles (County) submits this Letter of Intent to participate in and share the cost of the development of an Enhanced Watershed Management Program (EWMP) with the Peninsula EWMP Agencies. This Letter of Intent serves to satisfy the EWMP notification requirements of Section Vl.C.4.b.iii(3) of Order No. R4-2012-0175. The Peninsula EWMP Agencies consist of the following agencies: City of Rancho Palos Verdes as the coordinating agency for EWMP development, County, Los Angeles County Flood Control District, and cities of Palos Verdes Estates and Rolling Hills Estates. The Peninsula EWMP Agencies have included a final draft Memorandum of Understanding as Attachment A of the Notice of Intent. The County intends to submit a final Memorandum of Understanding to its Board of Supervisors for approval prior to December 28, 2013. If you have any questions, please contact Ms. Angela George at (626) 458-4325 or ageorge@dpw.lacounty.gov. Very truly yours, /f-%~ A/ GAIL FARBER Director of Public Works JD:jht P:\wmpub\Secretarial\2013 Documents\Letter\LOI Peninsula EWMP County.doc\C13211 cc: City of Palos Verdes Estates City of Rancho Palos Verdes City of Rolling Hills Estates F-51 GAIL FARBER, Director June 24, 2013 COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS "To Enrich Lives Through Effective and Caring Service" 900 SOUTH FREMONT A VENUE ALHAMBRA, CALIFORNIA 91803-1331 Telephone: (626) 458-5100 httpJ/dpw.lacounty.gov Mr. Samuel Unger, P.E., Executive Officer California Regional Water Quality Control Board -Los Angeles Region 320 West 4th Street, Suite 200 Los Angeles, CA 90013 Attention Ms. Renee Purdy Dear Mr. Unger: ADDRESS ALL CORRESPONDENCE TO: P.O. BOX 1460 ALHAMBRA, CALIFORNIA 91802-1460 IN REPLY PLEASE REFER TO FILE: WM-7 LETTER OF INTENT -LOS ANGELES COUNTY FLOOD CONTROL DISTRICT PALOS VERDES PENINSULA ENHANCED WATERSHED MANAGEMENT PROGRAM The Los Angeles County Flood Control District (LACFCD) submits this Letter of Intent to participate in and share the cost of the development of an Enhanced Watershed Management Program (EWMP) with the Peninsula EWMP Agencies. This Letter of Intent serves to satisfy the EWMP notification requirements of Section Vl.C.4.b.iii(3) of Order No. R4-2012-0175. The Peninsula EWMP Agencies consist of the following agencies: City of Rancho Palos Verdes as the coordinating agency for EWMP development, County of Los Angeles, LACFCD, and cities of Palos Verdes Estates and Rolling Hills Estates. The Peninsula EWMP Agencies have included a final draft Memorandum of Understanding as Attachment A of the Notice of Intent The LACFCD intends to submit a final Memorandum of Understanding to County of Los Angeles Board of Supervisors (which is the LACFCD's governing body) for approval prior to December 28, 2013. If you have any questions, please contact Ms. Terri Grant at (626) 458-4309 or tgrant@dpw.lacounty.gov. Very truly yours, N4~ ft'GAIL FARBER Chief Engineer of the Los Angeles County Flood Control District JD:jht P:lwmpub\Secretarial\2013 Documents\Letter\LOI Peninsula EWMP LACFCD.doc\C13212 cc: City of Palos Verdes Estates City of Rancho Palos Verdes City of Rolling Hills Estates F-52 Memorandum of Understanding for Peninsula EWMP Agencies F-53 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF RANCHO PALOS VERDES, THE CITY OF PALOS VERDES ESTATES, THE CITY OF ROLLING HILLS ESTATES, THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, AND THE COUNTY OF LOS ANGELES REGARDING THE ADMINISTRATION AND COST SHARING FOR DEVELOPMENT OF THE ENHANCED WATERSHED MANAGEMENT PROGRAM FOR THE PENINSULA EWMP AGENCIES This Memorandum of Understanding (MOU), is made and entered into between THE CITY OF RANCHO PALOS VERDES, a body corporate and politic, THE CITY OF PALOS VERDES ESTATES, a body corporate and politic, and THE CITY OF ROLLING HILLS ESTATES, a body corporate and politic, LOS ANGELES COUNTY FLOOD CONTROL DISTRICT (LACFCD), a body corporate and politic, and THE COUNTY OF LOS ANGELES (LA County), a political subdivision of the State of California. Collectively, these entities shall be known herein as "PARTIES" or individually as "PARTY." WITNESSETH WHEREAS, the Regional Water Quality Control Board, Los Angeles Region (Regional Board) adopted the National Pollutant Discharge Elimination System Municipal Separate Storm Sewer System Permit Order No. R4-2012-0175 (MS4 Permit); and WHEREAS, the MS4 Permit became effective on December 28, 2012 and requires that the LACFCD, LA County, and 84 of the 88 cities (excluding Avalon, Lancaster, Long Beach, and Palmdale) within the County of Los Angeles comply with the prescribed elements of the MS4 Permit; and WHEREAS, the PARTIES, have agreed to collaborate on the compliance of certain elements of the MS4 Permit; and WHEREAS, the PARTIES collaboratively prepared a final Scope of Work as shown in Exhibit D and Request for Proposal to obtain a consultant to assist the PARTIES with compliance with certain elements of the MS4 Permit; and WHEREAS, the PARTIES propose for a consultant retained pursuant to this MOU to prepare and deliver a Final Work Plan and Draft and Final Enhanced Watershed Management Program (EWMP, and collectively PLANS) in compliance with certain elements of the MS4 Permit, at a total cost of approximately six hundred thousand dollars ($600,000) as shown in Table 1 of Exhibit A; and LA #4833-2739-3300 v2 ' ' ", ' F-54 WHEREAS, the PARTIES have determined that hiring a consultant to prepare and deliver the PLANS will be beneficial to the PARTIES and they desire to participate and will provide funding in accordance with the cost allocation in Table 3 of Exhibit A; and WHEREAS, the CITY OF RANCHO PALOS VERDES will act on behalf of the PARTIES in the administration of the consultant service agreement for the preparation of the PLANS; and WHEREAS, the PARTIES have agreed to establish an EWMP Working Group (comprised of designated staff from each PARTY} to provide technical oversight and project management for the development of the PLANS, and WHEREAS, the PARTIES agree that each shall assume full and independent responsibility for ensuring its own compliance with the MS4 Permit despite the collaborative approach of the MOU. NOW, THEREFORE, in consideration of the mutual benefits to be derived by the PARTIES, and of the promises contained in this MOU, it is hereby agreed as follows: Section 1. Recitals: The recitals set forth above are fully incorporated as part of this MOU. Section 2. Purpose: The purpose of this MOU is to cooperatively fund the preparation and submittal of the PLANS to the Regional Board. Section 3. Cooperation: The PARTIES shall fully cooperate with one another to attain the purpose of this MOU. Section 4. Voluntary: this MOU is voluntarily entered into for the purpose of preparing and submitting the PLANS to the Regional Board. Section 5. Term: This MOU shall become effective on the earlier to occur of: (1) the latest date of execution by a PARTY; or (2) December 28, 2013, and shall remain in effect until the Regional Board's final approval date of the last outstanding portion of the PLANS, or until the CITY OF RANCHO PALOS VERDES has provided written notice of completion of the scope of work described hereto, and payment by all PARTIES of their allocated pro-rata share hereunder. Section 6. Assessment for Proportional Cost for PLANS: The PARTIES agree to pay the CITY OF RANCHO PALOS VERDES for preparation and delivery of the PLANS in the amounts shown in Table 3 of Exhibit A, based on the cost allocation formula shown in Table 2 of Exhibit A, attached hereto and made part of this MOU by this reference. The CITY OF RANCHO PALOS VERDES will invoice the PARTIES upon execution of this MOU as shown in Table 4 of Exhibit A, based on the allocated costs for developing the 2of18 LA #4833-2739-3300 v2 F-55 PLANS and the project administration and management costs at a percentage of three percent (3%) of the allocated costs for development of the PLANS. At the end of each fiscal year, the CITY OF RANCHO PALOS VERDES will provide the PARTIES with a statement with the actual contracted expenditures. Unexpended cost at the termination of this MOU will be reimbursed to the PARTIES. Section 7. CITY OF RANCHO PALOS VERDES Agrees: a. To utilize the funds deposited by the PARTIES only for the administration of the consultant contract, project management, and the preparation and completion of the PLANS. b. To contract with the consultant retained pursuant to this MOU and to be responsible for coordinating the activities of the consultant. The CITY OF . RANCHO PALOS VERDES shall ensure adherence to the Scope of Work in Exhibit D. c. To ensure that each and every contract with the consultant or subcontractors shall recite that the contract is for the benefit of the PARTIES and that the consultant shall be paid solely from the contributions from the PARTIES. The CITY OF RANCHO PALOS VERDES shall ensure that the contract includes insurance requirements and require the consultant retained pursuant to this MOU to agree to indemnify, defend and hold harmless each PARTY, its special districts, their elected and appointed officers, employees, and agents, from and against any and all liability, including but not limited to demands, claims, actions, fees, costs, and expenses (including attorney and expert fees), arising from or connected with the consultant's performance of its agreement with the CITY OF RANCHO PALOS VERDES. In addition, the CITY OF RANCHO PALOS VERDES shall require the consultant to carry, maintain, and keep in full force and effect an insurance policy or policies, and each PARTY, its officers, employees, attorneys, and designated volunteers shall be named as additional insureds on the policy(ies) with respect to liabilities arising out of the consultant's work. These requirements will also apply to any subcontractors hired by the consultant. This indemnification is in addition to the other indemnities made herein. d. To provide the PARTIES with an electronic copy of the draft and final PLANS as submitted to the Regional Board within 5 business days of receipt from the consultant. ' e. To provide an accounting at the termination of the MOU or cancellation thereof and return the unused portion of all funds deposited with the CITY OF RANCHO PALOS VERDES using the cost allocation formula in Table 2 of Exhibit A. 3of18 LA #4833-2739-3300 v2 F-56 f. To notify in writing the PARTIES if the actual cost of the preparation of the PLANS will exceed the cost estimates shown in Exhibit A and obtain written approval of the increase from the PARTIES. Upon written approval of the increased costs by the PARTIES, the CITY OF RANCHO PALOS VERDES will invoice the PARTIES per the cost allocation formula in Table 2 of Exhibit A The PARTIES have 60 days from receipt of the invoice to provide the payment to RANCHO PALOS VERDES. In the event a PARTY does not approve of the increased costs, the PARTY may withdraw from this MOU pursuant to Section 11. g. To not submit any PLANS to the Regional Board unless and until the PLANS have been approved, in writing, for submittal by all PARTIES to this MOU. Section 8. The PARTIES further agree: a. To make a full faith effort to cooperate with one another to achieve the purposes of this MOU by providing information about project opportunities, reviewing deliverables in a timely manner, and informing their respective administration, agency heads, and/or governing body. b. To fund the cost of the preparation and delivery of the PLANS and to pay the CITY OF RANCHO PALOS VERDES for the preparation and delivery of the PLANS based on the cost allocation shown in Table 2 of Exhibit A within 60 days of receiving an invoice. c. To grant reasonable access rights and entry to the consultant, on an as- needed basis during the terms of this MOU, to any PARTY'S facilities (i.e. storm drains, channels, catch basins, properties, etc.) (FACILITIES) to achieve the purposes of this MOU, provided, however that prior to entering any PARTY'S facilities, the CITY OF RANCHO PALOS VERDES or the consultant shall provide written notice to such PARTY at least 72 hours in advance. For the purposes of this provision, written notice shall include notice delivered via e-mail that has been delivered to the applicable PARTY representative identified on Exhibit B. Section 9. Invoice and Payment a. Payment: The PARTIES shall reimburse the CITY OF RANCHO PALOS VERDES for their proportional share of the cost for preparation and delivery of the PLANS and project administration and management costs as shown in Table 4 of Exhibit A within 60 days of the invoice from the CITY OF RANCHO PALOS VERDES. 4of18 LA #4833-2739-3300 v2 F-57 b. Invoice: The CITY OF RANCHO PALOS VERDES will invoice PARTIES as shown in Table 4 of Exhibit A. c. Late Payment Penalty: Any payment that is late shall be subject to interest on the original amount due from the date that the payment first became due. The interest rate shall be ten percent (10%) simple interest per annum. If the PARTY remains delinquent beyond sixty (60) days after the due date, then the CITY OF CITY OF RANCHO PALOS VERDES may notify the Regional Board that the delinquent PARTY is no longer a participating member of the PLANS, and said PARTY shall then be deemed to have terminated its participation as a PARTY to this MOU ("EXCLUDED PARTY") and their name may be removed from the PLANS. Any EXCLUDED PARTY's delinquent amount(s) will be paid in accordance with the remaining PARTIES' pro-rata share pursuant to Table 3 of Exhibit A, as adjusted to remove the EXCLUDED PARTY from the allocation. The CITY OF RANCHO PALOS VERDES will revise Table 3 of Exhibit A to show the recalculated costs for each remaining participating PARTY; these revised exhibits will be included with the next invoice to the PARTIES. The PARTIES shall retain all contractual, legal, and equitable rights and causes of action to recover any delinquent amounts owed by an EXCLUDED PARTY who failed to make such payments. Section 10: Indemnification a. To the fullest extent permitted by law, each PARTY shall indemnify, defend, and hold harmless each other PARTY, including its special districts, elected and appointed officers, employees, agents, attorneys, and designated volunteers from and against any and all liability, including, but not limited to demands, claims, actions, fees, costs, and expenses (including reasonable attorney's and expert witness fees), arising from or connected with the respective acts of each PARTY arising from or related to this MOU; provided, however, that no PARTY shall indemnify another PARTY for that PARTY'S own negligence or willful misconduct. b. In light of the provisions of Section 895.2 of the Government Code of the State of California imposing certain tort liability jointly upon public entities solely by reason of such entities being parties to an agreement (as defined in Section 895 of such Code), each of the PARTIES hereto, pursuant to the authorization contained in Section 895.4 and 895.6 of such Code, shall assume the full liability imposed upon it or any of its officers, agents, or employees, by law for injury caused by any act or omission occurring in the performance of this MOU to the same extent such liability would be imposed in the absence of Section 895.2 of said Code. To achieve the above-stated purpose, each PARTY agrees to indemnify, defend, and hold harmless each 5of18 LA #4833-2739-3300 v2 F-58 other PARTY for any liability, cost, or expense that may be imposed upon such other PARTY solely by virtue of Section 895.2. The provisions of Section 2778 of the California Civil Code are made a part hereof as if incorporated herein. Section 11. Withdrawal or Forfeiture a. A PARTY may withdraw from this MOU upon 60 days written notice to the other PARTIES (WITHDRAWING PARTY), subject to payment of any invoice received from CITY OF RANCHO PALOS VERDES prior to or during the 60- day notice period for its share of the cost of the work completed as of the date of its notice of withdrawal, calculated in accordance with the cost-sharing percentages set forth in Table 3 of Exhibit A The effective withdrawal date shall be the sixtieth (60th) day after CITY OF RANCHO PALOS VERDES receives the WITHDRAWING PARTY's notice to withdraw from this MOU. CITY OF RANCHO PALOS VERDES shall refund to the WITHDRAWING PARTY any uncommitted and unused funds paid by the WITHDRAWING PARTY's effective withdrawal date. All PARTIES understand, acknowledge, and agree that withdrawal from this MOU will terminate any responsibility, liability, or obligation of the withdrawing PARTY under this MOU commencing on the effective withdrawal date and that the WITHDRAWING PARTY shall remain liable for its share of any loss, debt or liability incurred prior to the withdrawal date, and for any work which could not be suspended. Withdrawal from this MOU does not release any PARTY from the obligations set forth in MS4 Permit. b. If a PARTY fails to substantially comply with any of the terms or conditions of this MOU, that PARTY shall forfeit its rights to work completed through this MOU, but no such forfeiture shall occur unless and until the defaulting PARTY has first been given notice of its default and a reasonable opportunity to cure the alleged default. Section 12. General Provisions a. Notices. Any notices, bills, invoices, or reports relating to this MOU, and any request, demand, statement or other communication required or permitted hereunder shall be in writing and shall be delivered to the Representative of the PARTY at the address set forth in Exhibit B. PARTIES shall promptly notify each other of any change of contact information, including personnel changes, provided in Exhibit B. Written notice shall include notice delivered via email, reader notification requested, or fax. A notice shall be deemed to have been received on (a) the date of delivery, if delivered by hand during regular business hours, or by confirmed facsimile or by email; or (b) on the third (3rd) business day following mailing by registered or certified mail (return receipt requested) to the addresses set forth in Exhibit B. 6of18 LA #4833-2739-3300 v2 F-59 b. Administration. For the purpose of this MOU, the PARTIES hereby designate as their respective PARTY representatives the persons named in Exhibit B. The designated PARTY representatives, or their respective designees, shall administer the terms and conditions of this MOU on behalf of their respective PARTY. Each of the persons signing below on behalf of a PARTY represents and warrants that they are authorized to sign this MOU on behalf of such PARTY. c. Relationship of Parties. The PARTIES are and shall remain at all times as to each other, wholly independent entities. No PARTY to this MOU shall have power to incur any debt, obligation, or liability on behalf of another PARTY unless expressly provided to the contrary by this MOU. No official, employee, agent, or officer of a PARTY shall be deemed for any purpose whatsoever to be an official, agent, employee or officer of another PARTY. Each PARTY shall have no financial obligation to the other PARTIES of this MOU, except as herein expressly provided. d. Binding Effect. This MOU shall be binding upon and inure to the benefit of each PARTY to this MOU and its respective heirs, administrators, representatives, successors and assigns. e. Amendment. The terms and provisions of this MOU may not be amended, modified, or waived, except by an instrument in writing signed by all PARTIES who have not terminated their interests herein or whose involvement has not terminated by reason of non-payment. This paragraph applies to any changes proposed for reasons including, but not limited to: (1) changes to the MS4 Permit terms; (2) further guidance from the Regional or State Boards regarding compliance; or (3) changes in the number of parties to this MOU. f. Waiver. Waiver by any PARTY to this MOU of any term, condition, or covenant of this MOU shall not constitute a waiver of any other term, condition, or covenant. Waiver by any PARTY to any breach of the provisions of this MOU shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this MOU. g. Law to Govern; Venue. This MOU shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the PARTIES, venue in the state trial courts shall lie exclusively in the County of Los Angeles. h. No Presumption in Drafting. The PARTIES to this MOU agree that the general rule that an MOU is to be interpreted against the PARTY drafting it, or the PARTY causing it to be prepared, shall not apply. 7of18 LA #4833-2739-3300 v2 F-60 i. Interpretation. All PARTIES have been represented by counsel in the preparation and negotiation of this MOU. Accordingly, this MOU shall be construed according to its fair language. j. Entire MOU. This MOU constitutes the entire agreement of the PARTIES with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, whether written or oral, with respect thereto. k. Severability. If any term, provision, condition or covenant of this MOU is declared or determined by any court or competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and this MOU shall be read and constructed without the invalid, void, or unenforceable provision(s). I. · Counterparts. This MOU may be executed in any number of counterparts, each of which shall be an original, but all of which taken together shall constitute but one and the same instrument, provided, however, that such counterparts shall have been delivered to all PARTIES to this MOU. IN WITNESS WHEREOF, the PARTIES hereto have caused this MOU to be executed by their duly authorized representatives and affixed as of the date of signature of the PARTIES: 8of18 LA #4833-2739-3300 v2 F-61 CITY OF RANCHO PALOS VERDES Date: --------- ATTEST: By: ________ _ Carla Morreale City Clerk APPROVED AS TO FORM: Deputy City Attorney By:-------- LA #4833-2739-3300 v2 9of18 By: ______ _ Carolyn Lehr City Manager F-62 CITY OF PALOS VERDES ESTATES Date: --------- ATTEST: By: _______ _ Anton Dahlerbruch City Clerk APPROVED AS TO FORM: City Attorney By: _______ _ Christi Hogan LA #4833-2739-3300 v2 By: ______ _ James F. Goodhart, Mayor 10of18 F-63 CITY OF ROLLING HILLS ESTATES Date: ~~~------ ATTEST: By:~-------- Hope Nolan Deputy City Clerk APPROVED AS TO FORM: City Attorney By: ________ _ Donald M. Davis LA #4833-2739-3300 v2 By: ______ _ Mayor 11 of 18 F-64 LOS ANGELES COUNTY FLOOD CONTROL DISTRICT By GAIL FARBER Chief Engineer APPROVED AS TO FORM: John F. Krattli County Counsel By Associate LA #4833-2739-3300 v2 12of18 Date Date F-65 COUNTY OF LOS ANGELES By GAIL FARBER Director of Public Works APPROVED AS TO FORM: John F. Krattli County Counsel By Associate LA #4833-2739-3300 v2 Date Date 13of18 F-66 Table 1: Total Cost Estimate. EXHIBIT A PENINSULA EWMP AGENCIES Funding Contributions Item Total Cost $6~~!~00 ,J~~~~QQQ $61,800 bb~bk*"'<:;J,,,;;;w,;,;,;""'wJ;;:;>b;;:,,,,,"''""""";;-"""'''""''"'''"''"'"''"''"''""'''"''&'m''""''W"'"""'"'""''''''""'""'"'"~'''M''-m'<ttNl~&>;<,-"1;<=~~.;..;.c>.1'1t>:P;<;.0,:~c~fd;,;;,«;;'-"'K'l«::NttRN%''''""'"''"'''"""''"''-'' COST TO BE DISTRIBUTED BY AREA $556,200 1 Administration costs are estimated to be 3% of the Distributed Total Cost for each ;;~7;;;;;i~·EWMPAgenc;~-,,, ,www,_,,,,,,,~ 2 The Los Angeles County Flood Control District (LACFCD) has committed to contributing 10% of the Total Cost/or their share in the development of the EWMP. Table 2: Cost Allocation Formula. Total Cost to be Distributed by Area= Contract Cost+ Administration Cost-LACFCD Allocation Distributed Cost by Area= (Total Cost to be Distributed by Area) x Agency Percent of Total Area Table 3: Distributed Cost Among Peninsula EWMP Agencies. >-WWWW>'"''""'''~------'''""-~!'-'''" ! Area I Agency Perce Agency , (Square Miles) I of Total Are '~~~~~·~~~~I~~~Rl!~t;·=~~~,.:r:,~:~··~,::·~·~·.:~~~~·~·~~:~:~==·~.l,".'.'~~:=~~;z~~!~='· Palos Verdes Estates 4.8 I 21.2389% /-""""'""'"'~".''"""''":k·~"'~"'\""-Y=:t:·~"''.·'.'."~~''i:r:' ''""'~"'""""c'""'""'>;""-;/'"''"'''"'' "-"*'-"''' ,,,,.,,, ·Wm'.'''~.,-.. ,,.,,,, .. ,,,,,~_,,.,,,"""""'~"·"·"ry '"''"'MNN##m'N~""'. '~~,.,.,~,,,,,,;"''"'''""'.." ''-"'' '"'.'"', RplUng;:t:tlll:S~~~fates 3.6 · , 1s,S4!il2% 0.7 22.6 Table 4: Invoice Schedule. Agency Total Cost . RANCHO PALOS VERDES i ·Palos Verdes Estates !'Rolling Hills Estates ''''''''[' $'1'~~!:!~~ .. , .. ;, $88,598 N-~~~'~OW~ ''' ! !~;.coun~o!~~s~11~~,~~ .. t . $:ti,,221 ; LACFCD $61,800 i TOTAL $618,000. 14of18 LA #4833-2739-3300 v2 3.0973% 100% Distributed Tota '""~·~.E~!,!~~""w·~·· ili8ss98 --~~i:.-"'~~,,L;,,;..,,,:.,,,,,,o/,,""""'",,M,,,,""' $17,227 $556,200 ... ~!§§,1:??' ~?.~19.§?,,, $309,000 F-67 EXHIBIT B PENINSULA EWMP AGENCIES Agencies Representatives -EWMP Working Group 1. City of Rancho Palos Verdes Department of Public Works 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 Party Representative: Andy Winje E-mail: andyw@rpv.com Phone: (310) 544-5249 Fax: (310) 544-5292 2. City of Palos Verdes Estates Department of Public Works 340 Palos Verdes Drive West Palos Verdes Estates, CA 9027 4 Party Representative: Allan Rigg E-mail: arigg@pvestates.org Phone: (310) 378-0383 Fax: (310) 375-5918 3. City of Rolling Hills Estates Department of Public Works 4045 Palos Verdes Drive North Rolling Hills Estates, CA 9027 4 Party Representative: Greg Grammer E-mail: gregg@ci.rolling-hills-estates.ca. us Phone: 310-377-1577 x-107 Fax: (310) 377-4468 4. Los Angeles County Flood Control District Department of Public Works Watershed Management Division, 11th Floor 900 South Fremont Avenue Alhambra, CA 91803-1331 Party Representative: Gary Hildebrand E-mail: GHILDEB@dpw.lacounty.gov Phone: (626) 458-4300 Fax: (626) 457-1526 15of18 LA #4833-2739-3300 v2 F-68 5. County of Los Angeles Department of Public Works Watershed Management Division, 11 1h Floor 900 South Fremont Avenue Alhambra, CA 91803-1331 Party Representative: Angela George E-mail: AGEORGE@dpw.lacounty.gov Phone: (626) 458-4304 Fax: (626) 457-1526 16of18 LA #4833-2739-3300 v2 F-69 Storm Otams Clly lllrundary Macilado Lake watershed Santa Monica Eay Watershed G1;;ater LA Harbor WlltersMd EXHIBIT C PENINSULA EWMP ANGENCIES Peninsula EWMP Areas ... Los Angeles County Flood Control OL~tict territory Figure 1: Peninsula EWMP Agencies Map. 17of18 LA #4833-2739-3300 v2 F-70 EXHIBIT D PENINSULA EWMP SCOPE OF WORK (Attached) 18of18 LA #4833-2739-3300 v2 F-71 Memorandum of Understanding for Peninsula CIMP Agencies F-72 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF RANCHO PALOS VERDES, THE CITY OF PALOS VERDES ESTATES, THE CITY OF ROLLING HILLS ESTATES, THE CITY OF ROLLING HILLS, THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, AND THE COUNTY OF LOS ANGELES REGARDING THE ADMINISTRATION AND COST SHARING FOR DEVELOPMENT OF THE COORDINATED INTEGRATED MONITORING PROGRAM FOR THE PENINSULA CIMP AGENCIES This Memorandum of Understanding (MOU), is made and entered into between THE CITY OF RANCHO PALOS VERDES, a body corporate and politic, THE CITY OF PALOS VERDES ESTATES, a body corporate and politic, THE CITY OF ROLLING HILLS ESTATES, a body corporate and politic, THE CITY OF ROLLING HILLS, a body corporate and politic, LOS ANGELES COUNTY FLOOD CONTROL DISTRICT (LACFCD), a body corporate and politic, and THE COUNTY OF LOS ANGELES (LA County), a political subdivision of the State of California. Collectively, these entities shall be known herein as "PARTIES" or individually as "PARTY." WITNESSETH WHEREAS, the Regional Water Quality Control Board, Los Angeles Region (Regional Board) adopted the National Pollutant Discharge Elimination System Municipal Separate Storm Sewer System Permit Order No. R4-2012-0175 (MS4 Permit); and WHEREAS, the MS4 Permit became effective on December 28, 2012 and requires that the LACFCD, LA County, and 84 of the 88 cities (excluding Avalon, Lancaster, Long Beach, and Palmdale) within the County of Los Angeles comply with the prescribed elements of the MS4 Permit; and WHEREAS, the PARTIES have agreed to collaborate on the compliance of certain elements of the MS4 Permit; and WHEREAS, the PARTIES collaboratively prepared a final Scope of Work as shown in Exhibit D and Request for Proposal to obtain a consultant to assist the PARTIES with compliance with certain elements of the MS4 Permit; and WHEREAS, the PARTIES propose for a consultant retained pursuant to this MOU to prepare and deliver a Draft and Final Coordinated Integrated Monitoring Program (CIMP) in compliance with certain elements of the MS4 Permit, at a total cost of approximately eighty thousand dollars ($80,000) as shown in Table 1 of Exhibit A; and LA #4825-2162-8180 v2 F-73 WHEREAS, the PARTIES have determined that hiring a consultant to prepare and deliver the CIMP will be beneficial to the PARTIES and they desire to participate and will provide funding in accordance with the cost allocation in Table 3 of Exhibit A; and WHEREAS, the CITY OF RANCHO PALOS VERDES will act on behalf of the PARTIES in the administration of the consultant service agreement for the preparation of the CIMP; and WHEREAS, the PARTIES have agreed to establish a CIMP Working Group (comprised of designated staff from each PARTY) to provide technical oversight and project management for the development of the CIMP, and WHEREAS, the PARTIES agree that each shall assume full and independent responsibility for ensuring its own compliance with the MS4 Permit despite the collaborative approach of the MOU. NOW, THEREFORE, in consideration of the mutual benefits to be derived by the PARTIES, and of the promises contained in this MOU, it is hereby agreed as follows: Section 1. Recitals: The recitals set forth above are fully incorporated as part of this MOU. Section 2. Purpose: The purpose of this MOU is to cooperatively fund the preparation and submittal of the CIMP to the Regional Board. Section 3. Cooperation: The PARTIES shall fully cooperate with one another to attain the purpose of this MOU. Section 4. Voluntary: this MOU is voluntarily entered into for the purpose of preparing and submitting the CIMP to the Regional Board. Section 5. Term: This MOU shall become effective on the earlier to occur of: (1) the latest date of execution by a PARTY; or (2) December 28, 2013, and shall remain in effect until the Regional Board's final approval date of the last outstanding portion of the CIMP, or until the CITY OF RANCHO PALOS VERDES has provided written notice of completion of the scope of work described hereto, and payment by all PARTIES of their allocated pro-rata share hereunder. Section 6. Assessment for Proportional Cost for CIMP: The PARTIES agree to pay the CITY OF RANCHO PALOS VERDES for preparation and delivery of the CIMP in the amounts shown in Table 3 of Exhibit A, based on the cost allocation formula shown in Table 2 of Exhibit A, attached hereto and made part of this MOU by this reference. The CITY OF RANCHO PALOS VERDES will invoice the PARTIES upon execution of this MOU as shown in Table 4 of Exhibit A, based on the allocated costs for developing the 2of19 LA #4825-2162-8180 v2 F-74 GIMP and the project administration and management costs at a percentage of three percent (3%) of the allocated costs for development of the GIMP. At the end of each fiscal year, the CITY OF RANCHO PALOS VERDES will provide the PARTIES with a statement with the actual contracted expenditures. Unexpended cost at the termination of this MOU will be reimbursed to the PARTIES. Section 7. CITY OF RANCHO PALOS VERDES agrees: a. To utilize the funds deposited by the PARTIES only for the administration of the consultant contract, project management, and the preparation and completion of the GIMP. b. To contract with the consultant retained pursuant to this MOU and to be · responsible for coordinating the activities of the consultant, ensuring adherence to the Scope of Work in Exhibit D. c. To ensure that each and every contract with the consultant or subcontractors shall recite that the contract is for the benefit of the PARTIES and that the consultant shall be paid solely from the contributions from the PARTIES. The CITY OF RANCHO PALOS VERDES shall require the consultant retained pursuant to this MOU to agree to indemnify, defend and hold harmless each PARTY, its special districts, their elected and appointed officers, employees, and agents, from and against any and all liability, including but not limited to demands, claims, actions, fees, costs, and expenses (including attorney and expert fees), arising from or connected with the Consultant's performance of its agreement with the CITY OF RANCHO PALOS VERDES. In addition, the CITY OF RANCHO PALOS VERDES shall require the Consultant to carry, maintain, and keep in full force and effect an insurance policy or policies, and each PARTY, its officers, employees, attorneys, and designated volunteers shall be named as additional insureds on the policy(ies) with respect to liabilities arising out of the Consultant's work. These requirements will also apply to any subcontractors hired by the Consultant. This indemnification is in addition to the other indemnities made herein. d. To provide the PARTIES with an electronic copy of the draft and final GIMP as submitted to the Regional Board within 5 business days of receipt from the consultant. e. To provide an accounting at the termination of the MOU or cancellation thereof and return the unused portion of all funds deposited with the CITY OF RANCHO PALOS VERDES using the cost allocation formula in Table 2 of Exhibit A. 3of19 LA #4825-2162-8180 v2 F-75 f. To notify in writing the PARTIES if the actual cost of the preparation of the GIMP will exceed the cost estimates shown in Exhibit A and obtain written approval of the increased costs from the PARTIES. Upon written approval of the cost increase by the PARTIES, the CITY OF RANCHO PALOS VERDES will invoice the PARTIES per the cost allocation formula in Table 2 of Exhibit A The PARTIES have 60 days from receipt of the invoice to provide the payment to RANCHO PALOS VERDES. In the event a PARTY does not approve of the increased costs, the PARTY may withdraw from this MOU pursuant to Section 11. g. To not submit the GIMP to the Regional Board unless and until the GIMP has been approved, in writing, for submittal by all PARTIES to this MOU. Section 8. The PARTIES further agree: a. To make a full faith effort to cooperate with one another to achieve the purposes of this MOU by providing information about project opportunities, reviewing deliverables in a timely manner, and informing their respective administration, agency heads, and/or governing body. b. To fund the cost of the preparation and delivery of the GIMP and to pay the CITY OF RANCHO PALOS VERDES for the preparation and delivery of the GIMP based on the cost allocation shown in Table 2 of Exhibit A within 60 days of receiving an invoice. c. To grant reasonable access rights and entry to the consultant, on an as- needed basis during the terms of this MOU to each PARTY'S facilities (i.e. storm drains, channels, catch basins, properties, etc.) (FACILITIES) to achieve the purposes of this MOU, provided, however that prior to entering any PARTY'S facilities, the CITY OF RANCHO PALOS VERDES or the consultant shall provide written notice to such PARTY at least 72 hours in advance. For the purposes of this provision, written notice shall include notice delivered via e-mail that has been delivered to the applicable PARTY representative identified on Exhibit B. Section 9. Invoice and Payment a. Payment: The PARTIES shall reimburse the CITY OF RANCHO PALOS VERDES for their proportional share of the cost for preparation and delivery of the GIMP and project administration and management costs as shown in Table 4 of Exhibit A within 60 days of the invoice from the CITY OF RANCHO PALOS VERDES. b. Invoice: The CITY OF RANCHO PALOS VERDES will invoice PARTIES as shown in Table 4 of Exhibit A 4of19 LA #4825-2162-8180 v2 F-76 c. Late Payment Penalty: Any payment that is late shall be subject to interest on the original amount due from the date that the payment first became due. The interest rate shall be ten percent (10%) simple interest per annum. If the PARTY remains delinquent beyond sixty (60) days after the due date, then the CITY OF CITY OF RANCHO PALOS VERDES may notify the Regional Board that the delinquent PARTY is no longer a participating member of the CIMP, and said PARTY shall then be deemed to have terminated its participation as a PARTY to this MOU ("EXCLUDED PARTY") and their name may be removed from the CIMP. Any EXCLUDED PARTY's delinquent amount(s) will be paid in accordance with the remaining PARTIES' pro-rata share pursuant to Table 3 of Exhibit A, as adjusted to remove the EXCLUDED PARTY from the allocation. The CITY OF RANCHO PALOS VERDES will revise Table 3 of Exhibit A to show the recalculated costs for each remaining participating PARTY; these revised exhibits will be included with the next invoice to the PARTIES. The PARTIES shall retain all contractual, legal, and equitable rights and causes of action to recover any delinquent amounts owed by an EXCLUDED PARTY who failed to make such payments. Section 10: Indemnification a. To the fullest extent permitted by law, each PARTY shall indemnify, defend, and hold harmless each other PARTY, including its special districts, elected and appointed officers, employees, agents, attorneys, and designated volunteers from and against any and all liability, including, but not limited to demands, claims, actions, fees, costs, and expenses (including reasonable attorney's and expert witness fees), arising from or connected with the respective acts of each PARTY arising from or related to this MOU; provided, however, that no PARTY shall indemnify another PARTY for that PARTY'S own negligence or willful misconduct. b. In light of the provisions of Section 895.2 of the Government Code of the State of California imposing certain tort liability jointly upon public entities solely by reason of such entities being parties to an agreement (as defined in Section 895 of such Code), each of the PARTIES hereto, pursuant to the authorization contained in Section 895.4 and 895.6 of such Code, shall assume the full liability imposed upon it or any of its officers, agents, or employees, by law for injury caused by any act or omission occurring in the performance of this MOU to the same extent such liability would be imposed in the absence of Section 895.2 of said Code. To achieve the above-stated purpose, each PARTY agrees to indemnify, defend, and hold harmless each other PARTY for any liability, cost, or expense that may be imposed upon such other PARTY solely by virtue of Section 895.2. The provisions of Section 2778 of the California Civil Code are made a part hereof as if incorporated herein. 5of19 LA #4825-2162-8180 v2 F-77 Section 11. Withdrawal or Forfeiture a. A PARTY may withdraw from this MOU upon 60 days written notice to the other PARTIES ("WITHDRAWING PARTY"), subject to payment of any invoice received from CITY OF RANCHO PALOS VERDES prior to or during the 60-day notice period for its share of the cost of the work completed as of the date of its notice of withdrawal, calculated in accordance with the cost-sharing percentages set forth in Table 3 of Exhibit A. The effective withdrawal date shall be the sixtieth (60th) day after CITY OF RANCHO PALOS VERDES receives the WITHDRAWING PARTY's notice to withdraw from this MOU. CITY OF RANCHO PALOS VERDES shall refund to the WITHDRAWING PARTY any uncommitted and unused funds paid by the WITHDRAWING PARTY's effective withdrawal date. All PARTIES understand, acknowledge, and agree that withdrawal from this MOU will terminate any responsibility, liability, or obligation of the WITHDRAWING PARTY under this MOU commencing on the effective withdrawal date and that the WITHDRAWING PARTY shall remain liable for its share of any loss, debt or liability incurred prior to the withdrawal date, and for any work which could not be suspended. Withdrawal from this MOU does not release any PARTY from the obligations set forth in MS4 Permit. b. If a PARTY fails to substantially comply with any of the terms or conditions of this MOU, that PARTY shall forfeit its rights to work completed through this MOU, but no such forfeiture shall occur unless and until the defaulting PARTY has first been given notice of its default and a reasonable opportunity to cure the alleged default. Section 12. General Provisions a. Notices. Any notices, bills, invoices, or reports relating to this MOU, and any request, demand, statement or other communication required or permitted hereunder shall be in writing and shall be delivered to the Representative of the PARTY at the address set forth in Exhibit B. PARTIES shall promptly notify each other of any change of contact information, including personnel changes, provided in Exhibit B. Written notice shall include notice delivered via email, reader notification requested, or fax. A notice shall be deemed to have been received on (a) the date of delivery, if delivered by hand during regular business hours, or by confirmed facsimile or by email; or (b) on the third (3rd) business day following mailing by registered or certified mail (return receipt requested) to the addresses set forth in Exhibit B. 6of19 LA#4825-2162-8180 v2 F-78 b. Administration. For the purpose of this MOU, the PARTIES hereby designate as their respective PARTY representatives the persons named in Exhibit B. The designated PARTY representatives, or their respective designees, shall administer the terms and conditions of this MOU on behalf of their respective PARTY. Each of the persons signing below on behalf of a PARTY represents and warrants that they are authorized to sign this MOU on behalf of such PARTY. c. Relationship of Parties. The PARTIES are and shall remain at all times as to each other, wholly independent entities. No PARTY to this MOU shall have power to incur any debt, obligation, or liability on behalf of another PARTY unless expressly provided to the contrary by this MOU. No official, employee, agent, or officer of a PARTY shall be deemed for any purpose whatsoever to be an official, agent, employee or officer of another PARTY. Each PARTY shall have no financial obligation to the other PARTIES of this MOU, except as herein expressly provided. d. Binding Effect. This MOU shall be binding upon and inure to the benefit of each PARTY to this MOU and its respective heirs, administrators, representatives, successors and assigns. e. Amendment. The terms and provisions of this MOU may not be amended, modified, or waived, except by an instrument in writing signed by all PARTIES who have not terminated their interests herein or whose involvement has not terminated by reason of non-payment. This paragraph applies to any changes proposed for reasons including, but not limited to: (1) changes to the MS4 Permit terms; (2) further guidance from the Regional or State Boards regarding compliance; or (3) changes in the number of parties to this MOU. f. Waiver. Waiver by any PARTY to this MOU of any term, condition, or covenant of this MOU shall not constitute a waiver of any other term, condition, or covenant. Waiver by any PARTY to any breach of the provisions of this MOU shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this MOU. g. Law to Govern; Venue. This MOU shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the PARTIES, venue in the state trial courts shall lie exclusively in the County of Los Angeles. h. No Presumption in Drafting. The PARTIES to this MOU agree that the general rule that an MOU is to be interpreted against the PARTY drafting it, or the PARTY causing it to be prepared, shall not apply. 7of19 LA #4825-2162-8180 v2 F-79 i. Interpretation. All PARTIES have been represented by counsel in the preparation and negotiation of this MOU. Accordingly, this MOU shall be construed according to its fair language. j. Entire MOU. This MOU constitutes the entire agreement of the PARTIES with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, whether written or oral, with respect thereto. k. Severability. If any term, provision, condition or covenant of this MOU is declared or determined by any court or competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and this MOU shall be read and constructed without the invalid, void, or unenforceable provision(s). I. Counterparts. This MOU may be executed in any number of counterparts, each of which shall be an original, but all of which taken together shall constitute but one and the same instrument, provided, however, that such counterparts shall have been delivered to all PARTIES to this MOU. IN WITNESS WHEREOF, the PARTIES hereto have caused this MOU to be executed by their duly authorized representatives and affixed as of the date of signature of the PARTIES: 8of19 LA #4825-2162-8180 v2 F-80 CITY OF RANCHO PALOS VERDES ATTEST: Carla Morreale City Clerk APPROVED AS TO FORM: Deputy City Attorney LA #4825-2162-8180 v2 9of19 By: ______ _ Carolyn Lehr City Manager F-81 CITY OF PALOS VERDES ESTATES Date: ~-------- ATTEST: By: ________ _ Anton Dahlerbruch City Clerk APPROVED AS TO FORM: City Attorney By: -------- Christi Hogin LA #4825-2162-8180 v2 By: ______ _ James F. Goodhart, Mayor 10of19 F-82 CITY OF ROLLING HILLS ESTATES ATTEST: Hope Nolan Deputy City Clerk APPROVED AS TO FORM: City Attorney By:-------- Donald M. Davis LA #4825-2162-8180 v2 By: ______ _ Mayor 11 of 19 F-83 CITY OF ROLLING HILLS Date: --------- ATTEST: By: ________ _ Steven Burrell City Clerk APPROVED AS TO FORM: City Attorney By:-------- Michael Jenkins LA #4825-2162-8180 v2 By: ______ _ Frank E. Hill,Mayor 12of19 F-84 LOS ANGELES COUNTY FLOOD CONTROL DISTRICT By GAIL FARBER Chief Engineer APPROVED AS TO FORM: John F. Krattli County Counsel By Associate LA #4825-2162-8180 v2 13of19 Date Date F-85 COUNTY OF LOS ANGELES By GAIL FARBER Director of Public Works APPROVED AS TO FORM: John F. Krattli County Counsel By Associate LA #4825-2162-8180 v2 Date Date 14of19 F-86 Table 1: Total Cost Estimate. EXHIBIT A PENINSULA CIMP AGENCIES Funding Contributions TOTAL COST TO BE DISTRIBUTED BY AREA $74,160 Administration costs are estimated to be 3% of the Distributed Total Cost for each Peninsula CIMP Agency. 2 The Los Angeles County Flood Control District (LACFCD) has committed to contributing 10% of the Total Cost for their share in the development of the EWMP. Table 2: Cost Allocation Formula. Total Cost to be Distributed by Area = Contract Cost +Administration Cost-LACFCD Allocation Distributed Cost by Area = (Total Cost to be Distributed by Area) x Agency Percent of Total Area Table 3: Distributed Cost Among Peninsula CIMP Agencies. Table 4: Invoice Schedule. Cost Distributed by Area ~o,·~"""'""""w ~N·,m~wV;A VN,VAW, ·v-~, •v"A '""""'{"""=WNN"'WmmA-~~=="v~·., ~"""'"'""'""""·"" """v"""''="""""A'"""'""""A""""""""""'"VA,~w.'"'"""""'"'"'"'""'""v·,=-=~·~w,•;vv: ' Agency Total Cost ! .......... ·w···~~"'-.... "'!!!~~!-~!:.~E!:!.~~!!!!'._ .... ~······-·-···~···· 1 i November 1, 2013 i July 1, 2014 l,,,, ,,.,,w,,,,, ,,,,,,,,, ,, v,,, ,,,, ,,,,,,,,,, N ,,,,,,,,,,~h•'"'~t~~"'""''"'"""'""''"""' ,,,,,.,.,,,,, ,,,,, '•m•m• ••• "}"'"""'""""""v""v""'~""'"'"""~""~"~"""'v•vw•~"~' ,,,, ,, •w +V••,,vVwc ' , WvAVvm•"••,,.,,.,.,_,,_,,,,,,,v,,,,,,,,,,,,~,,,,,,,,,,,,,,"'"'""""""W"'"~ ! RANCHO PALOS VERDES I $39,108 I $19,554 I . ,g~,554 !'P;ic;;·v~~d~;·Estates ............... · ··~1~;~~$ ··r·······:··~ML%~··== ···r-.... $§!~~~ .. ~,~~~·: ... -J~E·.~~~ . ... i ......... .. ~~~?.~~··· . : «<:.J ...... ?.?~?~.?..... .. . .. :~~~ ~~!~90 . .. ?4:,~.4s, .. . $~.345 $2,028 g,014 . $~,0~4 .. •M••J.~~!!~ ....... ?.~~!.~~... .. ""?~:H2,. ... . $82,400 $41,200 $41,200 ' '" " ' " "'" 0 ""'""'"''"A'~' ''"N' '""°''"'" "' 15of19 LA #4825-2162-8180 v2 F-87 EXHIBITB PENINSULA CIMP AGENCIES Agencies Representatives -CIMP Working Group 1. City of Rancho Palos Verdes Department of Public Works 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 Party Representative: Andy Winje E-mail: andyw@rpv.com Phone: (310) 544-5249 Fax: (310) 544-5292 2. City of Palos Verdes Estates Department of Public Works 340 Palos Verdes Drive West Palos Verdes Estates, CA 9027 4 Party Representative: Allan Rigg E-mail: arigg@pvestates.org Phone: (310) 378-0383 Fax: (310) 375-5918 3. City of Rolling Hills Estates Department of Public Works 4045 Palos Verdes Drive North Rolling Hills Estates, CA 9027 4 Party Representative: Greg Grammer E-mail: gregg@ci.rolling-hills-estates.ca.us Phone: 310-377-1577 x-107 Fax: (310) 377-4468 4. City of Rolling Hills Planning Department 2 Portuguese Bend Road Rolling Hills, CA 9027 4 Party Representative: Yolanta Schwartz E-mail: ys@cityofrh.net Phone: (310) 377-1521 Fax: (310) 377-7288 16of19 LA #4825-2162-8180 v2 F-88 5. Los Angeles County Flood Control District Department of Public Works Watershed Management Division, 11th Floor 900 South Fremont Avenue Alhambra, CA 91803-1331 Party Representative: Gary Hildebrand E-mail: GHILDEB@dpw.lacounty.gov Phone: (626) 458-4300 Fax: (626) 457-1526 6. County of Los Angeles Department of Public Works Watershed Management Division, 11th Floor 900 South Fremont Avenue Alhambra, CA 91803-1331 Party Representative: Angela George E-mail: AGEORGE@dpw.lacounty.gov Phone: (626) 458-4304 Fax: (626) 457-1526 17of19 LA #4825-2162-8180 v2 F-89 · ··· S!omi Drains City Boundary Machado Lake Watershed Santa Monl~.a Bay Wllterahed c·~·1 Greater LA HorbOI Watershed EXHIBIT C PENINSULA CIMP ANGENCIES Peninsula CIMPAreas L :: Lo.s Angeles Couflly Flood C<mtrcl Distiot t~m1ory Figure 1: Peninsula CIMP Agencies Map. 18of19 LA #4825-2162-8180 v2 F-90 EXHIBITD PENINSULA CIMP SCOPE OF WORK {Attached) 19of19 LA #4825-2162-8180 v2 F-91 MOU EXHIBIT D -Scope of Work for EWMP and CIMP Development F-92 EXHIBIT D Development of the Peninsula Enhanced Watershed Management Program (Including Coordinated Integrated Monitoring Plan) Scope of Work July 22, 2013 1 of 19 F-93 Table of Contents 1.0 Background ........................................................................................................ 3 2.0 Project Area ....................................................................................................... 4 3.0 Objectives .......................................................................................................... 6 4.0 Task Items .......................................................................................................... 6 5.0 Project Management, Coordination, and Meetings ............................................ 7 6.0 Enhanced Watershed Management Program (EWMP) Work Plan .................... 7 7.0 Coordinated Integrated Monitoring Plan (CIMP) .............................................. 12 8.0 Enhanced Watershed Management Program (EWMP) Plan ........................... 15 2of19 F-94 Development of the Peninsula Enhanced Watershed Management Program (Including Coordinated Integrated Monitoring Plan) Scope of Work 1.0 Background The National Pollutant Discharge Elimination System Municipal Separate Storm Sewer System Permit (MS4 Permit) Order No. R4-2012-0175 establishes the waste discharge requirements for stormwater and nonstormwater discharges within the watersheds of Los Angeles County. This MS4 Permit was adopted by the California Regional Water Quality Control Board, Los Angeles Region (Regional Board), on November 8, 2012, and became effective on December 28, 2012. The MS4 Permit and all attachments are posted on the Regional Board's website at the following address: http://www.waterboards.ca.gov/losangeles/waterissues/programs/stormwater/municipal/ index.shtml The MS4 Permit includes provisions that allow permittees the flexibility to customize their stormwater programs to achieve compliance with certain receiving water limitations and water quality based effluent limits over time. Specifically, permittees may voluntarily choose to implement an Enhanced Watershed Management Program (EWMP). The EWMP includes prioritization of water-quality issues, identification of implementation strategies, control measures, and Best Management Practices (BMPs) sufficient to meet pertinent standards, integrated water-quality monitoring, and opportunity for stakeholder input. The EWMP uses integrated planning to comprehensively evaluate opportunities to implement multi-benefit regional projects. Through the EWMP, permittees will not only implement projects to improve water quality, but also have incentives to evaluate and, where feasible, implement regional projects that retain all nonstormwater runoff and all stormwater runoff from the 85th percentile, 24-hour storm event for the drainage area tributary to those projects. These projects may also achieve other benefits such as flood protection, water supply enhancement, recreational opportunities, and wildlife habitat enhancement. 3of19 F-95 The following permittees are entering into a Memorandum of Understanding to jointly develop an EWMP: • County of Los Angeles (County) • Los Angeles County Flood Control District (LACFCD) • City of Palos Verde Estates • City of Rancho Palos Verdes • City of Rolling Hills Estates The City of Rolling Hills is not participating in the EWMP; however, it will be participating in a Coordinated Integrated Monitoring Plan (CIMP) along with the other Peninsula EWMP agencies. The following permittees are entering into a Memorandum of Understanding to jointly develop a CIMP: • County of Los Angeles (County) • Los Angeles County Flood Control District (LACFCD) • City of Palos Verde Estates • City of Rancho Palos Verdes • City of Rolling Hills • City of Rolling Hills Estates 2.0 Project Area The geographic scope of the EWMP comprises the incorporated Cities of Palos Verdes Estates, Rancho Palos Verdes, and Rolling Hills Estates, as well as unincorporated areas of the County of Los Angeles. Although the Peninsula EWMP does not include all jurisdictions within the Palos Verdes Peninsula, all drainage infrastructure operated and maintained by the Los Angeles County Flood Control District within the boundaries shown in Figure 1 will be covered under the EWMP. The Palos Verdes Peninsula is situated in the southwestern portion of Los Angeles County atop the Palos Verdes Hills, which are bounded to the north by Torrance, to the east by the City of Los Angeles, and to the south and west by the Pacific Ocean. The Palos Verdes Peninsula is distinct in topography and land usage when compared with much more densely developed, low-lying neighboring areas. The major land use designation on the Peninsula is residential with significant portions of open space and soft bottom canyons. A drainage divide dissects the Peninsula from the northeast to the southwest with the westerly portion draining into the Santa Monica Bay and the easterly portion draining to two sub-watersheds within the Dominguez Channel Watershed: the Machado Lake and the Greater Los Angeles Harbor sub-watersheds. Drainage from the Peninsula Cities is conveyed via the natural soft bottom canyon systems in conjunction with structured storm drain systems. These systems are intertwined and cross-connected warranting a Peninsula-wide coordinated approach to monitoring and implementation efforts. 4of19 F-96 The City of Rolling Hills is not currently intending to participate in the EWMP, but will be participating in the CIMP along with the members of the Peninsula EWMP. Due to the City's unique character and topographic features, the City is developed with single family residences on large estate like lots where low impact development measures are regularly implemented. Therefore, the City has determined that there is no reasonable opportunity for regional or distributed BMPs within the City other than LID implemented on private property; therefore, the City of Rolling Hills has determined to implement the minimum control measures and utilize source control and institutional controls to meet the Permit requirements. Figure 1. Watershed and Permittee Area Representation ..... S10>m Draffi5 Clly$ounda111 Machado t.aM• \Natershed : Santa Mo111ca Bay Wi!!e1shll<'.l Gremer LA Had:ior Wlllerzn>XI Peninsula EWMP Areas _ Los Angel!!S County Flood Control Distict Wl\!ory Figure 1 provides a map of the watershed boundaries and notes the jurisdictional boundaries of the Permittees. Permittees do not have jurisdiction over lands owned by school districts, the State of California, or the Federal government. The Peninsula EWMP area identified by watershed and Permittee is provided in Table 1. 5of19 F-97 Table 1. Land AreaJ>yPeninsula EWMP Agency l Land Area within Land .Area I Santa Monica within Machado I Bay Watershed Lake Watershed J~gu~~~ -~·mes Square Miles Permittee 9,Ss 1:07 4.35 0.39 Land Area within Greater LA Harbor Watershed S uare Miles L. R()~!_l!1t!:'!I!~.!;~!~!~~ ..... ' ....................... P1~~·-·-···"'~· .. -~···-····-·-············--·····"····4·"'"'"""'"-·'''"~··•~»·»•·~······~· .......... , .. ~ .. ~ County of Los i An eles ! Los Angeles County I Flood Control i District J Total 3.0 Objectives 0 0.70 14.2 Total EWMP Area The objective of the consultant contract is to develop an EWMP and a corresponding GIMP for the participating agencies of the Palos Verdes Peninsula. The EWMP shall prioritize water-quality issues and comprehensively evaluate opportunities for multibenefit regional projects and maximize the recharge and capture and reuse of stormwater runoff. Ultimately, the EWMP shall include controls to the maximum extent practicable to ensure that discharges from Permittees' jurisdictions achieve applicable water-quality standards pursuant to the MS4 Permit. 4.0 Task Items The consultant shall be familiar with pertinent MS4 Permit provisions and applicable TMDLs to complete the following work to the satisfaction of the Peninsula EWMP agencies and the Regional Board, and other associated bodies: 4.1 Provide project management and organize and conduct meetings 4.2 Prepare a Final EWMP Work Plan 4.3 Prepare a Coordinated Integrated Monitoring Plan (GIMP) 4.4 Design Project identification (for each watershed) 4.5 Prepare Draft EWMP Plan 4.6 Prepare a Final EWMP Plan 6of19 F-98 5.0 Project Management, Coordination, and Meetings The Consultant shall provide project management services to ensure that all work deliverables are provided on or ahead of schedule and within budget. The consultant shall: 5.1 Provide a detailed schedule to complete all the tasks of this Scope of Work to be approved by the Peninsula agencies. This schedule shall be updated monthly and provided to the Peninsula agencies. It is estimated at issuance of this RFP that the total number of regular meetings will be close to fifteen (15) monthly meetings plus a total of eight (8) additional regular meetings that would be needed at the beginning and close of the process. Also, it is estimated at issuance of this RFP that the meeting duration would average 1.5 hours, but may be longer for the meetings at the beginning and end of the process. 5.2 Schedule and prepare agendas and minutes for each regular and special Peninsula EWMP/CIMP meeting. 5.3 Attend and participate in meetings of the Technical Advisory Committee (TAC), which will be established pursuant to the MS4 Permit to provide input in the development of the EWMP. Consultant should assume that four (4) TAC meetings will occur. 5.4 Attend and lead special meetings with the Peninsula agencies and interested parties to solicit input and feedback on the Draft EWMP Work Plan, Draft GIMP, and Draft EWMP Plan. Consultant should assume that three (3) special meetings will occur. 5.5 Attend and participate in meetings with Regional Board staff and other stakeholders as needed. Consultant should assume that six (6) meetings will occur. 6.0 Enhanced Watershed Management Program (EWMP) Work Plan In consultation with the Peninsula EWMP agencies and TAC, the Consultant shall prepare interim technical memos, a draft Work Plan and a final EWMP Work Plan. The consultant shall perform, at minimum, the following activities: 6.1 Organize the Work Plan, draft EWMP, and final EWMP into three chapters. One chapter that meets the requirements for the Santa Monica Bay Watershed (J?), one chapter for the Machado Lake Watershed, and one chapter for the Greater Los Angeles Harbor Watershed. Organization of final EWMP including the three separate chapters shall be consistent and in compliance with the Los Angeles Regional Water Quality Board's requirements. 7of19 F-99 6.2 Consultant will need to incorporate the existing and emerging work products from various other individual WMPs, collective WMPs, and other EWMPs as needed to address regional TMDL compliance for members of the Peninsula EWMP. 6.3 Identification of Water Quality Priorities: Consultant shall develop a memorandum characterizing water quality conditions within each WMA, identifying water quality priorities, determining water body-pollutant classifications, and assessing sources. Completion of the memorandum shall include the following: 6.3.1 Compile all readily available, relevant, and appropriately collected water quality monitoring datasets containing data collected within at least the last 10 years (January 1, 2002). It is expected that the majority of datasets will be provided by the Peninsula EWMP agencies or be available from the Regional Board. Consultant shall establish quality assurance/quality control (QA/QC) criteria and conduct a QA/QC check of the data and identification of the datasets meeting the criteria for use. 6.3.2 Evaluate existing water-quality conditions, including characterization of stormwater and non-stormwater discharges from the MS4 and the receiving water body. The evaluation shall consider existing TMDLs and 303(d) listings as well as available receiving water and outfall data compiled as part of the task above and result in the identification of water-quality issues. 6.3.3 Identify the potential water-quality priorities including applicable water quality based effluent limitations and/or receiving water limitations established pursuant to TMDLs included in the MS4 Permit and 303(d) listings, and other exceedances of receiving water limitations. 6.3.4 Classify water-quality issues resulting from stormwater and non- stormwater discharges to the MS4 and from the MS4 to receiving waters issues as Category 1 (Highest Priority), Category 2 (High Priority), or Category 3 (Medium Priority) as described in the Permit. 6.3.5 Identify which 303(d) listings and other exceedances of receiving water limitations are in the same class as those addressed in a TMDL in the watershed. 6.3.6 Gather available reports and sampling information and research, to identify, evaluate, and prioritize known and suspected stormwater 8of19 F-100 and non-stormwater pollutant sources in discharges to the MS4 and from the MS4 to receiving waters and any other stressors related to MS4 discharges causing or contributing to the highest water-quality priorities (Categories 1 through 3). 6.3. 7 Utilize the data compiled as part of the above tasks to complete a source assessment for the water body-pollutant combinations in Categories 1 through 3. 6.4 Summary of Existing and Potential Control Measures: Consultant shall develop a memorandum characterizing existing control measures within the Peninsula EWMP agencies. The summary shall include: 6.4.1 Compile existing control measures, including minimum control measures, and BMP programs already in effect. Consultant shall develop a template for Peninsula EWMP agencies to use to summarize existing minimum control measures and identify areas where modification to MCMs may be warranted. Consultant shall compile submitted materials. 6.4.2 Outline a process for determining which MCMs could potentially be modified, how to modify MCMs, and information that may be necessary to support the modifications. 6.4.3 Review existing planning efforts, including TMDL IPs, IRWMPs, etc. provided by the Peninsula EWMP agencies for projects throughout the watershed for possible inclusion in the EWMP. Summarize the regional projects that are proposed in previous planning efforts including location, preliminary design characteristics, and the status of project implementation. Also summarize regional control measures in existing plans that provide multiple benefits and support beneficial reuse, recycling, or recharge of treated stormwater in addition to opportunities to incorporate habitat recreational, and open space. 6.4.4 Review and summarize data regarding performance of regional, distributed structural, and institutional non-structural control measures for reducing stormwater and non-stormwater flows and priority pollutants. Data to be considered will be provided by the Peninsula EWMP agencies, will be specific to southern California, and should be analyzed in consideration of applicable receiving water limitations, WQBELs, etc. 6.4.5 Identify a preliminary list of potential regional projects, based on Task 6.2.3, to retain (i) all non-stormwater and (ii) all stormwater runoff of the volume equivalent to the 85th percentile, 24-hour 9of19 F-101 storm event for the drainage area tributary to the project. 6.4.6 Develop an approach for identifying additional regional projects and evaluating all potential regional projects. Approach should consider focusing on publicly-owned properties as well as private properties with open space (such as large parking lots). Evaluation should consider opportunities for incorporation of multi-use features at potential locations. 6.5 Reasonable Assurance Analysis Approach: Consultant shall develop an approach to meet the requirements of conducting a Reasonable Assurance Analysis (RAA) to demonstrate that the watershed control measures identified in the EWMP will result in MS4 discharges achieving applicable WQBELs and RWLs per Part Vl.C.5.b.iv.(5). Development of the approach shall include the following: 6.5.1 Outline the proposed modeling process for evaluating and selecting watershed control measures. The types of watershed control measures to be evaluated should be summarized including MCMs and non-structural, distributed structural, and regional/centralized structural controls. Describe the process for representing these watershed control measures in the modeling system and quantifying their effectiveness. Describe how the model will select the watershed control measures that are recommended for implementation via the EWMP. Describe how jurisdictional boundaries will be accounted for when selecting watershed control measures. 6.5.2 Outline the process for demonstrating the effects of to-be- implemented watershed control measures on stormwater quality, non-stormwater quality, and receiving water quality. Describe how the effects of BMPs will be compared to receiving water limitations, TMDL wasteload allocations, WQBELs and other applicable targets at the watershed and jurisdictional scale. 6.5.3 Outline the process for creating a BMP implementation sequence/schedule/timeline based on the model-recommended BMP scenario(s). Consider schedules for watershed control measures that have already been planned, scheduled, and/or implemented by agencies in the watershed or region. 6.6 Prepare Draft and Final EWMP Work Plans: Consultant shall prepare a Draft and Final EWMP Work Plan incorporating the above information and: 10 of 19 F-102 6.6.1 Propose approaches to addressing 303(d) listed and non-303(d) listed receiving water exceedances not addressed by a TMDL in the watershed. 6.6.2 Develop detailed schedule and strategy to complete the EWMP Plan. Additionally, milestones presented in the NOi should be re- evaluated to ensure consistency or, if necessary, alternatives shall be proposed for consideration by the Regional Board. 6.6.3 Propose a prioritization and sequence to the waterbody pollutant issues. Prioritization shall include TMDLs and other receiving water considerations. 6.6.4 Prepare a Draft EWMP Work Plan with a schedule and strategy to complete the EWMP Plan as described in the MS4 Permit and this Scope of Work. The Consultant shall provide up to 6 hard copies (double sided) and electronic copies (in Microsoft Word and PDF) of the Draft EWMP Work Plan. 6.6.5 Finalize EWMP Work Plan. It is assumed that Consultant will revise the Draft EWMP Work Plan two times. The Consultant shall provide four weeks for review of the initial Draft EWMP Work Plan and two weeks for review of the revised Draft EWMP Work Plan. The Consultant shall provide up to 6 hard copies (double sided) and electronic copies (in Microsoft Word and PDF) of the Final EWMP Work Plan. 6. 7 Outreach Specific to EWMP Work Plan Development: Consultant shall conduct up to four meetings specific to EMWP Work Plan Development to perform outreach to community groups, nongovernment organizations, water supply agencies, and other potential project partners and stakeholders to solicit input on the scope and content of the draft Work Plan. 6.8 Review and Validation of EWMP Development Scope and Budget (Task 8): Consultant shall review the Task 8 scope of work and budget estimate to identify whether significant differences exist and, if necessary, propose revisions for consideration by the Peninsula EWMP agencies. Deliverables and Schedule: 1. Draft Memorandum as described in Task 6.3: December 2013 2. Draft Memorandum as described in Task 6.4: December 2013 3. Draft Memorandum as described in Task 6.4.3-6.4.4: January 2014 4. Draft EWMP Work Plan as described in Task 6.6: February 2014 5. Final EWMP Work Plan as described in Task 6.6: June 2014 11 of 19 F-103 6. Draft Memorandum as described in Task 6.8: June 2014 It is expected that one revision will be required of each of the draft memoranda. However, memoranda will not be finalized, per se; rather final versions of the information will be presented in the Draft and Final EWMP Work Plans. Note there is no specific task to revise the Final EWMP Work Plan based on Regional Board comments as it is expected their comments will be received on the Draft EWMP Work. Additionally, comments on the Final EWMP Work Plan can potentially be addressed during EWMP Plan development. 7.0 Coordinated Integrated Monitoring Plan (CIMP) The consultant shall prepare interim technical memos, a draft GIMP and a final GIMP. The GIMP shall address all TMDL and Non-TMDL monitoring requirements of the MS4 Permit for all members of the Peninsula GIMP including: • Receiving water monitoring • Stormwater outfall based monitoring • Nonstormwater outfall based monitoring • New development/redevelopment effectiveness tracking • Regional Studies In preparing the GIMP, the consultant shall perform the following activities to meet the requirements of the above-listed monitoring elements: 7.1 Outfall and Receiving Water Monitoring Approach: The Consultant shall develop an approach to meet all of the required monitoring elements and generate a memorandum consisting of the following: 7.1.1 Compilation of GIS layers associated with storm drains, channels, and outfalls. 7.1.2 A summary of all TMDL and MS4 Permit required outfall based, receiving water, and special study monitoring requirements. 7.1.3 A summary of existing programs completed to date and available data. 7.1.4 A storm water outfall based monitoring approach including an estimated number of outfalls necessary to meet the TMDL and MS4 permit requirements. 7.1.5 A non-storm water outfall based screening and monitoring plan including approaches to 1) conducting an inventory of MS4 outfalls, 2) identify outfalls with significant non-stormwater discharges, 3) prioritize source investigations, 4) identify sources of significant 12of19 F-104 non-stormwater discharges, and 5) monitoring of non-stormwater discharges exceeding criteria. 7.1.6 An approach to integrating TMDL and MS4 Permit receiving water monitoring requirements and identification of an estimated number of sites, and general locations, necessary to meet TMDL and MS4 permit requirements. 7.1.7 An approach to integrate, to the extent practicable, the TMDL special study requirements. 7.1.8 A discussion of how Peninsula CIMP members plan to participate in the Southern California Stormwater Monitoring Coalition (SMC) Regional Watershed Monitoring Program (bioassessment). 7.2 Site Selection: The Consultant shall develop a memorandum identifying sites to meet the requirements of MS4 Permit outfall and receiving water monitoring and TMDL requirements. The memorandum shall consist of the following: 7.2.1 A summary of field surveys evaluating potential sites, with consideration of all necessary factors including, but not limited to the expected representativeness, accessibility, availability of power as needed and security, to determine the most appropriate monitoring stations for both dry-and wet-weather monitoring. The consultant shall consider existing monitoring stations already used for TMDLs and land use based representative sampling is strongly encouraged. It is acknowledged that dry weather outfall sites may not be identified at this point given the MS4 Permit process for selecting non-stormwater outfall monitoring sites. 7.2.2 A summary of the proposed sites, including the description of factors used in the selection, photographs of the selected sites, and maps showing the sites. 7.3 New Development and Re-development Effectiveness Tracking: The Consultant shall develop a memorandum consisting of the following: 7.3.1 A template for Peninsula CIMP members to use to summarize existing tracking processes. 7.3.2 Reporting and data management protocols. 7.3.3 A system to share the tracking among the permittees in the Peninsula CIMP. 13of19 F-105 7.4 Draft and Final CIMP: The Consultant shall prepare a Draft and Final GIMP that proposes an optimal and cost-effective monitoring design that meets the intended objectives of the MS4 Permit, incorporates the above information and: 7.4.1 Describes the sample collection methods, analytical methods, field observation requirements, Toxicity Identification Evaluation (TIE) initiation approach, and QA/QC protocols. 7.4.2 If possible, identify appropriate laboratories. It is acknowledged that due to procurement requirements it may not be possible to identify laboratories prior to Final GIMP submittal to the Regional Board. 7.4.3 Describe how collected data will be compiled and stored to support future assessment and reporting efforts. 7.4.4 Outline an integrated monitoring and assessment program to evaluate progress toward achieving applicable limitations. 7.4.5 Describe the process for revising components of the GIMP. 7.4.6 Prepare a Draft GIMP as described in the MS4 Permit and this Scope of Work. Additionally, a cost estimate to implement the GIMP shall be provided. The Consultant shall provide up to 6 hard copies (double sided) and electronic copies (in Microsoft Word and PDF) of the Draft GIMP. 7.4.7 Finalize GIMP. It is assumed that Consultant will revise the Draft GIMP two times. The Consultant shall provide four weeks for review of the initial Draft GIMP and two weeks for review of the revised Draft GIMP. The Consultant shall provide up to 6 hard copies (double sided) and electronic copies (in Microsoft Word and PDF) of the Final GIMP. 7.4.8 The consultant shall revise the GIMP based on the Regional Board's comments within 2 months of receiving the comments. 7.5 Outreach Specific to CIMP Development: The Consultant shall conduct up to four (4) meetings specific to GIMP development to perform outreach to community groups, nongovernment organizations, water supply agencies, and other potential project partners and stakeholders to solicit input on the scope and content of the draft GIMP. Deliverables and Schedule: 14of19 F-106 1. Draft Memorandum as described in Task 7.1: September 2013 2. Draft Memorandum as described in Task 7.2: October 2013 3. Draft Memorandum as described in Task 7.3: October 2013 4. Draft CIMP as described in Task 7.4: November 2013 5. Final CIMP as described in Task 7.4: December 2013 It is expected that one revision will be required of each of the draft memoranda. However, memoranda will not be finalized, per se; rather final versions of the information will be presented in the Draft and Final CIMPs. 8.0 Enhanced Watershed Management Program (EWMP) Plan In consultation with the Peninsula EWMP agencies and TAC, the Consultant shall prepar~ an EWMP Plan by implementing all aspects of the Final Work Plan, providing technical memos, a Draft EWMP Plan and a Final EWMP Plan. It is acknowledged that the following scope items may need to be revised based on the Final EWMP Work Plan. In preparing the EWMP Plan, the consultant shall perform the following activities: 8.1 Finalize Approach to Addressing USEPA TMDLs, 303(d) Listings, and Other Exceedances of Receiving Water Limitations: The Consultant shall address permit requirements related to USEPA TMDLs, 303(d) listings, and other exceedances of receiving water limitations as follows: 8.1.1 Develop interim numeric milestones and compliance schedules for the following eight (8) TMDLs: a. Santa Monica Bay Beaches Wet Weather Bacteria TMDL - Group 7 b. Santa Monica Bay Beaches Dry Weather Bacteria TMDL - Group 7 c. Santa Monica Bay Nearshore and Offshore Debris TMDL d. Santa Monica Bay TMDL for DDTs and PCBs e. Machado Lake Trash TMDL f. Machado Lake Nutrient TMDL g. Machado Lake Pesticides and PCBs (Toxics) TMDL h. Greater Los Angeles and Long Beach Harbor Waters Toxic Pollutants TMDL 8.1.2 Develop interim numeric milestones and compliance schedules for the 303(d) listed and non-303(d) listed receiving water limitations exceedances not addressed in a TMDL in the watershed. 8.2 Develop List of Regional Projects and Conduct Initial Screening: For regional projects the Consultant shall: 15of19 F-107 8.2.1 Identify additional potential locations for regional projects to retain (i) all non-stormwater and (ii) all stormwater runoff of the volume equivalent to the 85th percentile, 24-hour storm event for the drainage area tributary to the project. Describe the multiuse features of these potential projects. 8.2.2 Select a preliminary list of regional projects for initial screening based on the Final EWMP Work Plan approach and develop draft memorandum. 8.2.3 Develop list of proposed project sites based on Peninsula EWMP agencies feedback on memorandum. 8.2.4 Conduct preliminary soils analysis and testing of proposed regional project sites to support feasibility analysis. 8.2.5 Perform an initial environmental study for all proposed regional projects to support feasibility analysis. Review and summarize the regulatory issues, environmental permits and other requirements, for implementing the proposed project sites. 8.2.6 Evaluate the feasibility of constructing all identified regional projects including rough costs and develop recommended final list. 8.3 Identify Selected Watershed Control Measures and Conduct Reasonable Assurance Analysis: Utilizing the process outlined in the Work Plan the Consultant shall: 8.3.1 Prepare quantitative analysis or modeling tool to represent hydrology, hydraulics, stormwater quality, non-stormwater quality, and receiving water quality before and after implementation of watershed control measures. 8.3.2 Summarize MCMs, specific modifications to MCMs proposed by Peninsula EWMP agencies, and information supporting modifications to MCMs provided by Peninsula EWMP agencies. 8.3.3 For the portion of the watershed that cannot be addressed with regional projects, identify additional structural and nonstructural watershed control measures to achieve applicable WQBELs and/or RWLs for each TMDL, 303(d) listing, and receiving water exceedances, consistent with applicable compliance schedules in the Permit. Incorporate effective innovative technologies, approaches and practices, including green infrastructure and low- impact development strategies. 16of19 F-108 8.3.4 Conduct a Reasonable Assurance Analysis for each TMDL, 303(d) listing, and receiving water exceedances that consists of an assessment (through quantitative analysis or modeling) to demonstrate that the identified in the watershed control measures will achieve applicable WQBELs and/or RWLs. 8.4 Develop Project Schedules and Cost Estimates: Based on the selected watershed control measures the Consultant shall: 8.4.1 Develop cost estimates for implementing the proposed watershed control measures. The cost analysis should include any necessary planning, design, permits, construction, operation and maintenance, energy, waste removal, post construction monitoring, and right of way acquisition. 8.4.2 Prepare schedules and sequencing for each of the proposed watershed control measures. The sequencing shall be based on the approach outlined in the Work Plan. The schedules should account for: 8.4.2.1 TMDL compliance schedules, Water Quality Priorities categories, and proposed milestones. 8.4.2.2 The implementation period and milestones during the current Permit term should be differentiated from the future implementation period beyond of the current Permit term. 8.4.2.3 The schedules shall identify the responsibilities of each individual Permittee. 8.4.2.4 The project schedules should include planning, design, permits, right of way acquisition, construction, operation and maintenance, energy, waste removal, and post- construction monitoring. Develop realistic construction durations for each proposed project including preconstruction activities such as bid, award, notice to proceed, move in, construction subactivities depending on the Scope of Work, construction completion, post- construction monitoring, etc. 8.4.2.5 Recommend a reasonable time frame to initiate the projects, nonstructural solutions, and programs during the compliance timeframes. 17of19 F-109 8.5 Prepare Draft and Final EWMP Plans: Consultant shall prepare Draft and Final EWMP Plans incorporating the above information and: 8.5.1 Incorporate and where necessary, develop milestones and compliance schedules into the EWMP to measure progress toward addressing the highest water-quality priorities and achieving applicable WQBELs and/or RWLs in the shortest time as possible taking into account technological, operation, and economic factors. 8.5.2 As needed, propose modifications to the CIMP for consideration by the Peninsula EWMP/CIMP agencies and Regional Board. 8.5.3 Outline an adaptive management process for the Peninsula EWMP agencies to 1) support the required every two year comprehensive evaluation of the effectiveness of the EWMP and 2) modify control measures and/or monitoring accordingly to address currently identified priorities and/or future priorities. 8.5.4 Prepare a Draft EWMP Plan as described in the MS4 Permit and this Scope of Work. The Consultant shall provide up to 6 hard copies (double sided) and electronic copies (in Microsoft Word and PDF) of the Draft EWMP Plan. 8.5.5 Finalize EWMP Plan. It is assumed that Consultant will revise the Draft EWMP Plan two times. The Consultant shall provide four weeks for review of the initial Draft EWMP Plan and two weeks for review of the revised Draft EWMP Plan. The Consultant shall provide up to 6 hard copies (double sided) and electronic copies (in Microsoft Word and PDF) of the Final EWMP Plan. 8.5.6 The consultant shall revise the EWMP plan based on the Regional Board's comments within 2 months of receiving the comments. 8.6 Outreach Specific to EWMP Plan Development: Consultant shall conduct up to four (4) meetings specific to EMWP Plan development to perform outreach to community groups, nongovernment organizations, water supply agencies, and other potential project partners and stakeholders to solicit input on EWMP Plan. Deliverables and Schedule: 1. Draft Memorandum as described in Task 8.1: August 2014 2. Draft Memorandum as described in Task 8.2.1 and 8.2.2: August 2014 3. Draft Memorandum as described in Task 8.2.3-8.2.6 and 8.3: December 2015 4. Draft Memorandum as described in Task 8.4: February 2015 5. Draft EWMP Plan as described in Task 8.5: June 2015 18of19 F-110 6. Final EWMP Plan as described in Task 8.5: January 2016 It is expected that one revision will be required of each of the draft memoranda. However, memoranda will not be finalized, per se; rather final versions of the information will be presented in the Draft and Final EWMP Plans. 19of19 F-111