CC - Item 7G - Request From San Gabriel Valley Council of Governments for Continued Particiaption in the LA Permit Group for National Pollutant Discharge Elimination System Permit' ■i■
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER 4A
DATE: JANUARY 10, 2012
SUBJECT: REQUEST FROM SAN GABRIEL VALLEY COUNCIL OF
GOVERNMENTS ( SGVCOG) FOR CONTINUED PARTICIPATION
IN THE LA PERMIT GROUP FOR THE NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM ( NPDES) PERMIT
SUMMARY
The LA Permit Group is a multi - jurisdictional effort to renew the stormwater runoff
Multiple Separate Storm Sewer System (MS4) permit with the Los Angeles Regional
Water Quality Control Board (LARWQCB). Each participating City will contribute
$5,000, to the SGVCOG to fund a technical consultant to assist the LA Permit Group
cities throughout permit renewal negotiations with the LARWQCB. Funds for this
purpose have been allocated in the current 2011 -12 Fiscal Year Budget. If the City
Council opts not to participate with the other cities in the LA Permit Group, the costs for
technical assistance in the negotiations with the LARWQCB and the implementation of
an individual MS4 Permit will greatly exceed $5,000, including substantial staff and
technical assistance resources.
Similar cooperative arrangements have been beneficial to municipalities in working with
the terms of stormwater permits in the past. In September, 2010, Rosemead joined with
other member cities of the Gateway Cities Council of Governments to collectively
complete a study for the Los Angeles River and Tributaries Metals TMDL. The critical
study, which cost more than $2 million, cost the City of Rosemead just over $25,000
when costs were split amongst the participants.
Staff Recommendation:
It is recommended that the City Council authorize payment of $5,000 to the SGVCOG to
participate in the LA Permit Group for renewal of the MS4 Permit from the LARWQCB.
ANALYSIS
As per the creation of the NPDES through amendments of the Clean Water Act in 1977,
municipalities must secure a permit through the Environmental Protection Agency (EPA)
to discharge storm water. The MS4 Permit provides municipalities permission to
discharge storm water, provided they follow and engage in the prescribed water quality
improvement measures.
APPROVED FOR CITY COUNCIL AGENDA: ITEM NOO
City Council Meeting
January 10, 2012
Page 2 of 3
Since 1991, the City of Rosemead has participated in a joint MS4 permit, led by the
County of Los Angeles, which includes 84 other Los Angeles County municipalities. The
permit was subsequently renewed in 1996 and 2001, both times with the County of Los
Angeles as the principal permitee and the 85 municipalities as co- permitees. In 2011,
the LARWQCB began the process for renewing the joint MS4 Permit and indicated that
all parties will be co- permitees, there will be no principal permitee. As the principal
permitee, the County of Los Angeles provided many services for the benefit of the
associated municipalities, such as technical analysis, public outreach, and direct
negotiation with the LARWQCB regarding the terms of the permit. As the County is no
longer the principal permitee, the San Gabriel Valley Council of Governments
( SGVCOG) has stepped in to coordinate efforts for the group that were traditionally
handled by the County. In doing so, the SGVCOG has determined it does not have the
capabilities to provide the depth of needed services to the group and has proposed the
contracting of the technical services to a consultant.
Encouraged by the member cities of the LA Permit Group, and authorized by a
unanimous vote of the COG's Governing Body on November 17, 2011, the SGVCOG
initiated the public procurement process. A contract was executed on December 15,
2011 with Larry Walker and Associates to provide these needed technical services.
In regards to the MS4 Permit, it is beneficial from both cost and manpower
perspectives, to have a joint permit rather than individual permits for each of the
participating municipalities. The renewal of the MS4 Permit includes new terms and
elements, that from a joint permit perspective are cost prohibitive, but from an individual
permit perspective would be financially devastating to the City. Proposed elements such
as local treatment plants, active and ongoing inspections, and existing development
retrofit will require more staff time and financial resources than the City has available for
stormwater activities. As a co- permitee and a participant in the LA Permit Group, the
City will have negotiating power with the LARWQCB to prevent some of these proposed
measures being implemented, thus preventing further expenses to the City.
Furthermore, the issuance of a joint MS4 Permit alleviates the impacts to individual
cities in regards to permit implementation.
Similar cooperative arrangements have been beneficial to municipalities in working with
the terms of stormwater permits in the past. In September, 2010, Rosemead joined with
other member cities of the Gateway Cities Council of Governments to collectively
complete a study for the Los Angeles River and Tributaries Metals TMDL. The critical
study, which cost more than $2 million, cost the City of Rosemead just over $25,000
when costs were split amongst the participants.
FINANCIAL ANALYSIS
The $5,000 required for continued participation is available in the 2011 -12 Fiscal Year
Budget for NPDES and related activities.
City Council Meeting
January 10, 2012
Paae 3 of 3
PUBLIC NOTICE PROCESS
The item has been noticed through the regular agenda notification process.
Prepared By:
Sean Sullivan
Management Analyst
Submitted By:
Chris Marcarello
Public Works Director
Attachments:
A. SGVCOG Memo Regarding LA Permit Group Technical Assistance
B. Invoice from SGVCOG for $5,000 for technical services cost share
P O 111 11 an a rie Valley C ncil vern e is
1 ®Ie 1000 S. Fremont Ave. Unit 4 2, Alhambra, California 91803 Phone: (626) 457 -1800 FAX: (626) 457 -1285 E -Mail SGV @sgvcog.org
DATE: November 30, 2011
TO: Jeff Allred, City of Rosemead
FROM: Nicholas T. Conway, Executive Director
RE: LA Permit Group Technical Assistance
Requested Action
Submit payment of $5,000 from interested jurisdictions to fund a technical assistance consultant
for the LA Permit Group
Background
The Los Angeles Regional Water Quality Control Board ( LARWQCB) is currently developing a
new National Pollutant Discharge Elimination System Municipal Separate Sanitary Storm Sewer
(MS4 NPDES Permit). This permit establishes regulations related to stormwater discharges and
requires implementation of the following programs:
✓ Public Information and Participation Program
✓ Industrial/Commercial Facilities Control Program
✓ Development Planning Program
✓ Development Construction Program
✓ Public Agency Activities Program
✓ Illicit Connections and Illicit Discharges Elimination Program
Total Maximum Daily Load Compliance
In the state of California, regional stormwater permits are developed and enforced under the
Regional Water Quality Control Boards. Since 1996, the cities in Los Angeles County (with the
exception of the City of Long Beach), unincorporated areas in Los Angeles County, and Los
Angeles County Flood Control District have been covered under a county -wide Phase 1 MS4
NPDES permits. The most recent permit was issued in 2001. In 2011, the LARWQCB began
the process of reissuing the MS4 NPDES permit containing all Los Angeles County
municipalities with watershed -based chapters. The Regional Water Quality Control Board has
indicated that the new permit will be issued to all parties as co- permittees and will not designate
a principle permittee. The permit is tentatively scheduled for consideration in the spring of 2012.
The potential costs and the legal implications of the new permit are high, so the municipalities in
Los Angeles County formed the LA Permit Group, in partnership with Regional Board Vice
Chair Mary Ann Lutz, to develop a unified voice to participate in a collaborative negotiating
process. To prepare for negotiations for the new permit, the LA Permit Group is seeking
technical consulting services to assist in the negotiations for the new permit. c services
desired include the following:
1. Technical Assistance
1.1. Help to tie the technical sub - committees' proposals together
1.2. Provide technical back -up (legal and examples of other permits) to substantiate
negotiation points.
1.3. Provide draft permit language based on negotiation points.
1.4. Advise on negotiation and packaging strategy
2. Outreach and Consensus Building
2.1. Outreach Plan
2.2. Assist the LA Permit Group to engage stakeholders to build consensus and identify
partnerships /supporter
2.3. Assist the Negotiations Committee to develop talking points and provide advisement on
how to approach the Regional Board, stakeholders, city management/elected officials,
and area elected officials.
2.4. Assist with outreach to other permittees to help build consensus
Role of SGVCOG
In October 2011, the LA Permit Group requested the assistance of the San Gabriel Valley
Council of Governments ( SGVCOG) in obtaining these technical consulting services, given the
short timeline and the SGVCOG's recognized experience in administering challenging inter -
jurisdictional projects of this nature. The LA Permit Group asked the SGVCOG to assist in the
development of a Request for Proposals, create a public procurement process, and collect a fee
from each of our member cities and Los Angeles County. Each jurisdiction will be highly
impacted, so it is important that the new permit include language that protects the cities and Los
Angeles County.
Based on discussion at the November 2nd meeting of the COG's City Manager Steering
Committee, staff recommended that each jurisdiction and Los Angeles County be assessed a flat -
fee not to exceed $5,000. In addition, the SGVCOG would conduct outreach to all cities in Los
Angeles County that are members of the Gateway COG or the South Bay COG to collect this fee
from those jurisdictions that are outside of the San Gabriel Valley but are also co- pennittees on
the new permit. This fee will only be used to support the procurement process. The SGVCOG
would not receive any supplemental funding for this project nor would any additional funds be
paid to Arroyo Associates, hic. for performing these additional duties and responsibilities. If the
amount of money collected exceeds the amount of the contract, each jurisdiction will be
reimbursed a pro -rata share of the cost.
SGVCOG Governing Board Action
This proposal was discussed at the November 2 meeting of the COG's City Manager Steering
Committee. The Committee voted unanimously to recommend that the Governing Board adopt
the staff recommendation. At the November 17 meeting of the COG's Governing Board, they
voted unanimously to approve staff to initiate the public procurement process and send out a
request to each jurisdiction and Los Angeles County for this funding.
Next Steps
The RFP was released on Friday, November 18 and proposals are due by Monday, December
5 The SGVCOG hopes to have a consultant ready to begin work in mid to late December.
Due to the short timeline for the project, we are asking cities to notify us of their interest as soon
as possible. To indicate your interest, I have attached an Intent to Participate letter (Attachment
1). To support your accounting, I have also attached an invoice for $5,000 (Attachment 2).
If your jurisdiction is interested in participating, please return the attached Intent to Participate
by Tuesday, December 13 th . Please submit your payment by December 31, 2011.
If you have any questions, please contact me at (626) 457 -1800.
Attachment 1
Intent to Participate
The LA Permit Group is interested in obtaining a technical assistance consultant
for its negotiation efforts in the development of a new National Pollutant
Discharge Elimination System Municipal Separate Sanitary Storm Sewer (MS4
NPDES Permit). The San Gabriel Valley Council of Governments is asking that
each jurisdiction contribute $5,000 to fund this consultant. Below I have indicated
the City of Rosemead's interest in participating.
® Yes, the City of Rosemead is interested in participating and payment is
enclosed.
Yes, the City of Rosemead is interested in participating but payment will be
coming before December 31, 2011.
® The City of Rosemead is interested in more information.
® No, the City of Rosemead is not interested in participating.
Please sign below and return this form via fax or email to the contacts listed below
or mail using the enclosed envelope no later than Tuesday, December 13, 2011.
Fax Number: (626) 457 -1285
Email Address: sgy@sgvcog.org
Signature
Jeff Ored, KyGf Ros mead
Date
San Gabriel Valley
1000 S. Fremont Avenue, Unit 42 DATE 11/29/2011
Alhambra, CA 91803
INVOICE # LAPS 11 -22
BILL TO CHECK PAYABLE TO
Attn: Jeff Allred
City of Rosemead San Gabriel Valley Council of Governments
8838 East Valley Boulevard 1000 S. Fremont Avenue, Unit 42
Rosemead, CA 91770
Alhambra, CA 91803
,
i
DESCRIPTION AMOUNT
Los Angeles Permit Group Technical Assistance Cost Share
5,000.00
Total $5,000.00