CC SR 20240806 E - GWMA Harbor Toxics MOU
CITY COUNCIL MEETING DATE: 08/06/2024
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to authorize the Mayor to execute the First Amendment
to the Memorandum of Understanding between the City and Los Angeles Gateway
Regional Water Management Joint Powers Authority.
RECOMMENDED COUNCIL ACTION:
(1) Authorize the Mayor to execute the First Amendment to the Memorandum of
Understanding between member cities, including Rancho Palos Verdes, and the
Gateway Water Management Joint Powers Authority for administration and cost
sharing for the implementation of the coordinated compliance, monitoring, and
reporting plan for the Dominguez Channel and Los Angeles and Long Beach
Harbors Waters Toxic Pollutants total maximum daily loads.
FISCAL IMPACT: The recommended action will result in an annual total authorized
expenditure of $32,020 for the next five years with a total 5-year cost of $160,100. The
funding for Fiscal Year 2024-25 is included in the adopted budget in the General Fund
under the Storm Water Quality program and the Measure W Fund. VR
Amount Budgeted: $32,020
Additional Appropriation: N/A
Account Number(s): 101-400-3130-5101 $12,000
(General Fund – Stormwater Quality – Professional
Technical
343-400-3130-5101 $20,020
Measure W – Stormwater Quality – Professional
Technical VR
ORIGINATED BY: Vanessa Hevener, Project Manager
REVIEWED BY: Ramzi Awwad, Director of Public Works
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. First Amendment to the Gateway Water Management MOU (page A-1)
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BACKGROUND AND DISCUSSION:
In May 2011, the California Regional Water Quality Control Board adopted a metals and
toxic pollutants Total Maximum Daily Load (TMDL) for the Dominguez Channel and Los
Angeles and Long Beach Harbors. The City of Rancho Palos Verdes was identified as a
responsible party for the TMDL because drainage from the City is tributary to Los Angeles
Harbor. Adherence to the TMDL required the development and subsequent
implementation of a water quality monitoring plan.
The cities and agencies (Cities of Bellflower, Lakewood, Long Beach, Paramount,
Rancho Palos Verdes, Rolling Hills, Rolling Hills Estates, Signal Hill and Los Angeles,
County of Los Angeles, the Los Angeles County Flood Control District and the Port of
Long Beach) tributary to the Los Angeles and Long Beach Harbors (Greater Harbor)
developed a Memorandum of Understanding (MOU) with the Gateway Water
Management Authority (GWMA) to share the cost of developing and implementing the
plan and to act as the fiduciary agent for the TMDL monitoring project. The MOU allows
for joint monitoring of several locations within the Harbor areas.
On May 20, 2014, the City of Rancho Palos Verdes entered into an MOU with GWMA for
administration and cost sharing for the preparation and implementation of a coordinated
compliance monitoring and reporting plan, as required by the Regional Water Quality
Control Board, Los Angeles Region, for the Dominguez Channel and Los Angeles and
Long Beach Harbors Waters Toxic Pollutants Total Maximum Daily Loads.
Subsequently, on March 5, 2019, the City entered into a new MOU with GWMA, which
was materially similar to the prior MOU. The new MOU authorized GWMA and the
permittees to reconsider the cost-share obligations of each permittee if the MS4 Permit
and/or TMDL are amended during the MOU’s term. The MOU also included invoicing
participating GWMA members and non-members for administrative fees on each
payment to cover direct and in-direct administrative costs. The MOU is set to expire
December 31, 2024.
The City, in coordination with the other cities and agencies tributary to Greater Harbor,
expressed interest in continuing this agreement through December 31, 2029. Under a
new agreement through December 31, 2029, the City’s maximum cost share would be
$32,020 annually and the total 5-year cost would be $160,100.
Without this agreement, the City would be required to develop and implement an
independent monitoring program , which would be considerably more costly. This
agreement allows for joint monitoring of several locations, resulting in better coordination
with the surrounding agencies and significant cost savings to all participants.
CONCLUSION:
Staff recommends authorizing the Mayor to execute the First Amendment to the MOU for
administration and cost sharing to implement the coordinated compliance, monitoring,
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and reporting plan for the Dominguez Channel and Los Angeles and Long Beach Harbors
Waters Toxic Pollutants Total Maximum Daily Loads.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative s are available for the
City Council’s consideration:
1. Direct staff to enter into its own water quality monitoring program.
2. Take other action, as deemed appropriate.
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AMENDMENT NO. 1 TO MEMORANDUM OF UNDERSTANDING
BETWEEN THE LOS ANGELES GATEWAY REGION INTEGRATED REGIONAL
WATER MANAGEMENT JOINT POWERS AUTHORITY
AND
THE CITIES OF BELLFLOWER, LAKEWOOD, LONG BEACH, PARAMOUNT,
RANCHO PALOS VERDES, ROLLING HILLS, ROLLING HILLS ESTATES, SIGNAL
HILL, AND LOS ANGELES, ACTING BY AND THROUGH ITS BOARD OF HARBOR
COMMISSIONERS, THE COUNTY OF LOS ANGELES, LOS ANGELES COUNTY
FLOOD CONTROL DISTRICT, AND THE PORT OF LONG BEACH
FOR
ADMINISTRATION AND COST SHARING FOR THE IMPLEMENTATION OF THE
COORDINATED COMPLIANCE, MONITORING, AND REPORTING PLAN FOR THE
DOMINGUEZ CHANNEL AND LOS ANGELES AND LONG BEACH HARBORS
WATERS TOXIC POLLUTANTS TOTAL MAXIMUM DAILY LOADS
This First Amendment to the Memorandum of Understanding (“MOU”) dated April
15, 2019, by and between the Los Angeles Gateway Region Integrated Regional Water
Management Joint Powers Authority (“GWMA”), a California Joint Powers Authority, and
the Cities of Bellflower, Lakewood, Long Beach, Paramount, Rancho Palos Verdes,
Rolling Hills, Rolling Hills Estates, Signal Hill, and Los Angeles, acting by and through its
Board of Harbor Commissioners (“POLA”), the County of Los Angeles, the Los Angeles
County Flood Control District (“LACFCD”), and separately the City of Long Beach Harbor
Department, acting by and through its Board of Harbor Commissioners (“Port of Long
Beach”) is made and entered into as of July 1, 2024.
RECITALS
WHEREAS, the mission of the GWMA includes the equitable protection and
management of water resources within its area; and
WHEREAS, for the purposes of the MOU, the term “Permittees” shall mean the
Cities of Bellflower, Lakewood, Long Beach, Paramount, Rancho Palos Verdes, Rolling
Hills, Rolling Hills Estates, and Signal Hill, and the County of Los Angeles, the LACFCD,
POLA, and the Port of Long Beach; and
WHEREAS, the Permittees and the GWMA are collectively referred to as the
“Parties”; and
WHEREAS, the United States Environmental Protection Agency (“EPA”) approved
the Total Maximum Daily Loads (“TMDL”) for Toxic Pollutants on March 23, 2012, with
the intent of protecting and improving water quality in the Dominguez Channel and the
Greater Los Angeles and Long Beach Harbor Waters (“Harbor Toxic Pollutants T MDL”);
and
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WHEREAS, the Harbor Toxic Pollutants TMDL remains in effect and regulates
certain discharges from National Pollutant Discharge Elimination System (“NPDES”)
permit holders, requiring organization and cooperation among the Permittees; and
WHEREAS, the Regional Board adopted a new Regional MS4 Permit, NPDES
Permit No. CAS004004 via Order No. R4-2021-0105 on July 23, 2021 with an effective
date of September 11, 2021; and
WHEREAS, the Harbor Toxic Pollutants TMDL is implemented through the
Regional MS4 Permit; and
WHEREAS, the Permittees manage, drain or convey storm water into at least a
portion of the Dominguez Channel, Greater Los Angeles and Long Beach Harbor Waters
(including Consolidated Slip) and the Los Angeles River Estuary (“Greater Harbor
Waters”); and
WHEREAS, the MOU pertains to those areas tributary to the Greater Harbor
Waters; and
WHEREAS, the MOU is currently scheduled to expire on December 31, 2024; and
WHEREAS, the Permittees desire to extend the MOU and continue implementing
the Coordinated Compliance, Monitoring, and Reporting Plan (“CCMRP”) for the TMDL
to ensure compliance with the TMDL and consistency with other regional monitoring
programs and usability with other TMDL related studies; and
WHEREAS, monitoring cost increases have increased substantially due to
requirements in the revised TMDL, including potential amendments to the existing
CCMRP, more extensive chemistry sampling to meet high resolution PCB analysis and
others, possible model revisions to address human health sediment quality objectives,
potential hot spot investigations, and general cost increases; and
WHEREAS, pursuant to Section 9(m) of the MOU, the Permittees further desire to
amend the MOU’s cost share formula in light of the revision to the Harbor Toxic Pollutants
TMDL and the new Regional MS4 Permit; and
WHEREAS, the CCMRP was approved by the Regional Board Executive Officer
on June 6, 2014; and
WHEREAS, the Regional Board Executive Officer approved a revised CCMRP on
November 19, 2019.
WHEREAS, implementation of the CCMRP requires administrative and
professional coordination services for the Permittees that the GWMA is able and willing
to provide; and
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WHEREAS, the Permittees collaborate with the GWMA in the implementation of
the CCMRP; and
WHEREAS, GWMA has retained a consultant, Anchor QEA, L.L.C. (“Consultant”)
to conduct monitoring necessary to implement the CCMRP will be beneficial to the
Permittees; and
WHEREAS, the Permittees have requested an extension to the Consultant’s
agreement, and authorized GWMA to extend Consultnt’s contract and serve as conduit
for paying Consultant to continue implementing and conducting the monitoring set forth
in the CCMRP.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set
forth herein, the Parties do hereby agree as follows:
Section 1. Recitals. The recitals set forth above are fully incorporated as part of
this MOU.
Section 2. Term. Section 6 of the MOU (“Term”) is amended to read as follows:
“Term. The term of this MOU shall commence on the effective date of this
Agreement as set forth in the preamble and expire on December 31, 2029, unless
terminated earlier pursuant to this MOU.”
Section 3. Monitoring Costs. Exhibit “A” (“Monitoring Costs”) is amended in
its entirety and replaced with the version attached to this First Amendment.
Section 4. Other NPDES Permit Holders. Subsection 13(a) of the MOU (“Other
NPDES Permit Holders”) is amended to read as follows
“(a) Other NPDES Permit Holders.
i. Individual or general NPDES permit holders who are not
Permittees but receive Harbor Toxic Pollutants TMDL monitoring requirements in their
NPDES permits may wish to participate in the implementation of the CCMRP in order to
utilize the CCMRP monitoring data to satisfy all or part of the monitoring and reporting
requirements in their NPDES permits. Any such NPDES permit holder may submit a
letter of interest to the Chair requesting to become a participant in the CCMRP. The letter
of interest at a minimum shall contain a commitment to pay annually for participant status
Thirty-Four Thousand Two Hundred Thirty-One Dollars ($34,231.00), plus any cumulative
CPI Adjustment as defined below (“Annual Payment Amount”). The Annual Payment
Amount will be annually and cumulatively adjusted during each year of this MOU’s term
based upon the percentage change in the Bureau of Labor Statistics’ Consumer Price
Index, Los Angeles-Long Beach-Anaheim Area, for the twelve-month period ending on
March 1st of the preceding fiscal year (“CPI Adjustment”). The GWMA will use the Annual
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Payment Amounts received from individual or general NPDES permit holders to reduce
the Monitoring Costs charged to the Permittees.
ii. Upon receipt of the letter of interest, the Chair shall distribute
the letter to the Permittees who shall vote on whether to grant the NPDES permit holder
participant status. If the Permittees by majority vote determine that participant status
should be granted, the Chair shall notify GWMA of the Permittees’ approval. Upon receipt
of a written notice from the Chair of the Permittees’ approval for the NPDES permit holder
to participate in the implementation of the CCMRP, the GWMA will enter into a separate
cost share agreement with the NPDES permit holder that will require the NPDES permit
holder to pay the Annual Payment Amount of Thirty-Four Thousand Two Hundred Thirty-
One Dollars ($34,231.00), plus any applicable CPI Adjustments as set forth in Subsection
13(a)(i). Failure to pay the Annual Payment Amount by the date set forth in the agreement
shall result in termination of the NPDES permit holder’s participant status. The GWMA
will deduct and retain from each NPDES permit holder’s Annual Payment Amount an
amount based on the percentage rate charged to Non -GWMA Members pursuant to
Subsection 9(c)(ii) of this MOU in order to recover the GWMA’s Administrative Costs.
iii. An NPDES permit holder accepted as a participant shall not
be a Permittee or one of the Parties to this MOU and shall not be entitled to appoint a
representative or to vote or participate in any way in decisions assigned to Permittees by
this MOU. Participant status entitles an NPDES permit holder only to the monitoring data
collected as part of the CCMRP and to have its name included on all reports submitted in
accordance with the CCMRP for any fiscal year in which the participant has paid its
Annual Payment Amount.”
Section 5. Notices. Subsection 7(b) of the MOU (“Notices”) is amended to read
as follows:
“Notices. All Notices which the Parties require or desire to give hereunder shall be
in writing and shall be deemed given when delivered personally or three (3) days
after mailing by registered or certified mail (return receipt requested) to the
following address or as such other addresses as the Parties may from time to time
designate by written notice in the aforesaid manner:
To GWMA:
Grace Kast
Executive Officer
Gateway Water Management Authority
16401 Paramount Boulevard
Paramount, CA 90723
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To the Permittees:
Len Gorecki
Director of Public Works
City of Bellflower
16600 Civic Center Drive
Bellflower, CA 90706
Kelli Pickler
Director of Public Works
City of Lakewood
5050 Clark Avenue
Lakewood, CA 90712
Tom Modica
City Manager
City of Long Beach
411 W. Ocean Boulevard
Long Beach, CA 90802
Mario Cordero
Chief Executive Officer
Port of Long Beach
415 W. Ocean Boulevard
Long Beach, CA 90802
Lisa Wunder
Acting Director of Environmental Management
Port of Los Angeles on behalf of the City of Los Angeles
425 S. Palos Verdes Street
San Pedro, CA 90713
Adriana Figueroa
Director of Public Works
City of Paramount
16400 Paramount Blvd.
Paramount, CA 90723
Ara Mihranian
City Manager
Rancho Palos Verdes
30940 Hawthorne Blvd
Rancho Palos Verdes, CA 90275
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Karina Bañales
City Manager
City of Rolling Hills
2 Portuguese Road
Rolling Hills, CA 90274
Greg Grammer
City Manager
City of Rolling Hills Estates
4045 Palos Verdes Drive North
Rolling Hills Estates, CA 90274
Carlo Tomaino
City Manager
City of Signal Hill
2175 Cherry Avenue
Signal Hill, CA 90755
Thuan Nguyen
Senior Civil Engineer
County of Los Angeles Department of Public Works
900 S. Fremont Avenue
Alhambra, CA 91803
Fred Gonzalez
Los Angeles County Flood Control District
900 S. Fremont Avenue
Alhambra, CA 91803-1331
Section 6. Except for the changes set forth herein, all other terms and
conditions of the MOU shall remain in full force and effect.
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IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to the
MOU to be executed on their behalf, respectively, as follows:
DATE:_____________, 2024 LOS ANGELES GATEWAY REGION
INTEGRATED REGIONAL WATER
MANAGEMENT JOINT POWERS
AUTHORITY
________________________________
Adriana Figueroa
GWMA Chair
APPROVED AS TO FORM:
______________________________
Nicholas R. Ghirelli
General Counsel
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IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be
executed on their behalf, respectively, as follows:
DATE: ______________, 2024 CITY OF BELLFLOWER
_____________________________
Name:________________________
Mayor
ATTEST: APPROVED AS TO FORM:
______________________ ______________________________
Name:_________________ Name:_________________________
City Clerk City Attorney
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IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be
executed on their behalf, respectively, as follows:
DATE: __________, 2024 CITY OF LONG BEACH HARBOR
DEPARTMENT, acting by and through its
Board of Harbor Commissioners
________________, 2024 _____________________________
_____________________________
Chie Executive Director
Long Beach Harbor Department
The foregoing document is hereby approved as to form.
Dawn McIntosh, City Attorney
________________, 2024 ______________________________
______________________________
Deputy City Attorney
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IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be
executed on their behalf, respectively, as follows:
DATE: __________, 2024 CITY OF LAKEWOOD
_______________________________
Name:__________________________
Mayor
ATTEST: APPROVED AS TO FORM:
______________________ ______________________________
Name:_________________ Name:_________________________
City Clerk City Attorney
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IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be
executed on their behalf, respectively, as follows:
DATE: _____________, 2024 CITY OF LONG BEACH
______________________________
Name:_________________________
City Manager
ATTEST:
_____________________
Name:________________
City Clerk
The foregoing document is hereby approved as to form.
Dawn McIntosh, City Attorney
________________, 2024 ______________________________
Name:_________________________
Deputy City Attorney
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IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be
executed on their behalf, respectively, as follows:
DATE: __________, 2024 CITY OF LOS ANGELES, by its Board of
Harbor Commissioners
_____________________________
Name:________________________
Executive Director
ATTEST: APPROVED AS TO FORM AND LEGALITY:
_________________________ ________________________________, 2024
Hydee Feldstein Soto, City Attorney
Name:____________________
Board Secretary
_____________, General Counsel
By: ___________________________
Name:______________________
Deputy City Attorney
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IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be executed on
their behalf, respectively, as follows:
DATE: __________, 2024 CITY OF PARAMOUNT
________________________________
Name:___________________________
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________ ______________________________
Name:________________ Name:_________________________
City Clerk City Attorney
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IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be
executed on their behalf, respectively, as follows:
DATE: _________, 2024 CITY OF RANCHO PALOS VERDES
_______________________________
Name:__________________________
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________ ______________________________
Name:________________ Name:_________________________
City Clerk City Attorney
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IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be
executed on their behalf, respectively, as follows:
DATE: __________, 2024 CITY OF ROLLING HILLS
_______________________________
Name:__________________________
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________ ______________________________
Name:________________ Name:_________________________
City Clerk City Attorney
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IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be executed on
their behalf, respectively, as follows:
DATE: __________, 2024 CITY OF ROLLING HILLS ESTATES
_______________________________
Name:__________________________
Mayor
ATTEST: APPROVED AS TO FORM:
______________________ ______________________________
Name:_________________ Name:_________________________
City Clerk City Attorney
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IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be executed on
their behalf, respectively, as follows:
DATE: __________, 2024 CITY OF SIGNAL HILL
________________________________
Name:___________________________
Title:_____________________________
ATTEST: APPROVED AS TO FORM:
_____________________ ______________________________
Name:________________ Name:_________________________
City Clerk City Attorney
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IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be executed on
their behalf, respectively, as follows:
DATE: __________, 2024 COUNTY OF LOS ANGELES
________________________________
Name:___________________________
Director of Public Works
APPROVED AS TO FORM:
______________________________
Name:_________________________
County Counsel
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IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be
executed on their behalf, respectively, as follows:
DATE: _____________ LOS ANGELES COUNTY FLOOD
CONTROL DISTRICT
County of Los Angeles
Department of Public Works
Watershed Management Division, 11th Fl.
900 South Fremont Avenue
Alhambra, CA 91803-1331
By: _______________________________
Name:__________________________
Chief Engineer
APPROVED AS TO FORM:
County Counsel
________________________________
Name:___________________________
Associate
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Exhibit “A”
Monitoring Costs
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