CC - Item 6D - Participation in the Preparation of Design Plans for Three Load Reduction Strategy Projects for the Rio Hondo River and Tributaries E M e
° 9 ° ROSEMEAD CITY COUNCIL
®d\ STAFF REPORT
of
rrr
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM:
FROM: GLORIA MOLLEDA, CITY MANAGER�.iA•
DATE: MAY 8, 2018
SUBJECT: PARTICIPATION IN THE PREPARATION OF DESIGN PLANS FOR
THREE LOAD REDUCTION STRATEGY PROJECTS FOR THE RIO
HONDO RIVER AND TRIBUTARIES
SUMMARY
The Clean Water Act of 1972 regulates discharges of pollutants into the waters of the United
States as well as water quality standards. The Environmental Protection Agency (EPA) utilized
the Clean Water Act to establish the National Pollutant Discharge Elimination System (NPDES)
permit. The NPDES permit regulates water discharge from any source point into navigable
waters and requires implementation of pollution control measures. In California, the Regional
Water Quality Control Board, Los Angeles Region (Regional Board) regulates the discharge of
water and its pollutants, into the waters of the U.S. The City is required to secure an NPDES
Permit from the Regional Board to discharge water to Los Angeles River and its tributaries.
The City of Rosemead is one of eight agencies that are a permittee under the Regional Board
Order R4-2012-0175. One element of this Order is known as the Bacteria Total Maximum Daily
Load (TMDL) for the Los Angeles River and its tributaries. The City of Rosemead and the other
agencies listed above are all contributors to the Rio Hondo River and were required to turn in a
plan for Bacteria Load Reduction in 2015. The study was completed by the County, and
analyzed by a Consultant with the preliminary plan submitted as required.
The analysis showed a large number of storm drains that would need to be treated to reduce the
Bacteria load to the Regional Board established levels. The County, in reviewing the Load
Reduction Strategies (LRS) available, looked at treating each storm drain separately
(approximately 30 storm drains) versus accomplishing the treatment at three locations where
they all collect. The County met with Regional Board staff and reached an agreement in
principal that will allow the agencies to use the Alhambra Wash Channel, the Eaton Wash
Channel, and the Rubio Wash Channel to collect the runoff from all storm drain outlets and treat
the runoff before the storm drain runoff enters the Rio Hondo River.
ITEM NO. 6.D
City Council Meeting
May 8,2018
Page 2 of 3
BACKGROUND
The City is a Co-Permittee along with the County and seven other cities in the reduction of the
Bacteria TMDL as part of the NPDES permit. Using the Alhambra Wash Channel, Eaton Wash
Channel and the Rubio Wash Channel as the collector system for the treatment of the Bacteria
Load avoids the need to build an alternative collection system or treat each outfall prior to
discharge. This solution is the least expensive of the alternatives reviewed. The alternative
collection system would be miles of pipe that would have to be maintained, whereas the channels
are already in existence and are being maintained. Treatment prior to each outfall, while not as
expensive as the collective treatment prior to the Rio Hondo.would involve individual fees to the
County Sanitation District or additional rights of way to accommodate the individual treatment
areas at each outfall.
Fortunately, the drainage area within Rosemead is small in comparison to the other agencies and
the reason the City has the smallest contribution of any of the agencies involved. The attached
joint LRS Agreement sets out the terms between the agencies and spreads the costs based on
each agency's tributary area within the drainage areas. Rosemead contributes to the Alhambra
Wash drainage area, 112.65 acres of a 6,084.02-acre drainage area(1.8%), so its prorate share of
the estimated cost for the design of the treatment system would be $12,492. The project would
be administered by the San Gabriel Valley Council of Governments (SGVCOG), who are also
listed as a party to the LRS Agreement. Costs incurred for the SGVCOG to administer the
project and costs incurred by the County for the development of the LRS Addendum Report
increase the cost for Rosemead by $687 for a not-to-exceed cost of$13.179.
By meeting the LRS requirements of the Bacteria TMDI., the City will be allowed 7-years to
determine if the proposal satisfies the Bacteria Load Allocation. If it does reduce the Bacteria
Load, then the City will be in compliance and would not need to do anything else to meet the
Bacteria TMDL. If, however, after the system is in place and the evaluation of the system shows
that the Bacteria levels have not been reduced to the desired amount, the City will have the
opportunity to submit an alternative solution and will be given an additional 7-years to
implement those recommendations.
STAFF RECOMMENDATION
It is recommended that the City Council take the following actions:
1. Approve the Load Reduction Strategy Agreement.
2. Authorize the City Manager to execute the Load Reduction Strategy Agreement and
submit to the County of Los Angeles.
City Council Meeting
May 8,2018
Page 3 of 3
FISCAL IMPACT
As shown below, the City's prorate share for the cost of the design for the treatment system will
be a not-to-exceed amount of$13,179. This cost includes the City's prorated share of$12,492,
the fee of$246 incurred by the County for the development of the LRS Addendum Report, and
the fee of$441 incurred for the SGVCOG to administer the project. The Fiscal Year 2018-19
Budget contains a total of $300,000 in General funds for National Pollutant Discharge
Elimination System (NPDES) program compliance.
Prorated Fee Payable to the Fee Payable to
Jurisdiction Total Share City of LA the SGVCOG
Alhambra $89,938 $85,362 $1,633 $2,943
Monterey Park $51,895 $49,274 $934 $1,687
Pasadena $860,530 $816.451 $15,717 . $28,362
Rosemead $13,179 $12,492 $246 $441
San Gabriel $16,800 $15,962 $299 $539
San Marino $256,417 $243,061 $4,761 $8,595
South Pasadena $21,218 $20,126 $389 $703
Temple City $243,863 $233,920 $3,545 $6,398
County $295,160 $312,352 (-$27,524) $10,332
Total $1,849,000 $1,789,000 $0 $60,000
Table 2: Party's Design Cost per Waterbedy
Table 3: Rio Hondo LRS Addendum Report
Table 4: SGVCOG Admin Fee
STRATEGIC PLAN IMPACT—None
LEGAL REVIEW
The LRS Agreement has been reviewed and approved by the City Attorney.
PUBLIC NOTICE PROCESS
Ibis item has been noticed through the regular agenda notification process.
Prepared by: Submitted by:
iii'
A. I L naa
afael M. Fajardo.P.E. City Engineer It ichelle Ramirez, Director •44 8lic Works
Attachment A: Load Reduction Strategy Agreement
iR O 5 l M
4k&C
ialr
Itell3Hale97
Attachment A
Load Reduction Strategy Agreement
AGREEMENT
BETWEEN THE COUNTY OF LOS ANGELES AND THE CITIES OF ALHAMBRA,
MONTEREY PARK, PASADENA, ROSEMEAD, SAN GABRIEL, SAN MARINO,
SOUTH PASADENA, AND TEMPLE CITY, AND THE SAN GABRIEL VALLEY
COUNCIL OF GOVERNMENTS
REGARDING THE ADMINISTRATION AND COST SHARING FOR THE
PREPARATION OF DESIGN PLANS FOR THREE LOAD REDUCTION STRATEGY
PROJECTS FOR THE RIO HONDO RIVER AND TRIBUTARIES
This AGREEMENT is made and entered into as of the date of the last signature set forth
below by and among the SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS
(SGVCOG), a California Joint Powers Authority, COUNTY OF LOS ANGELES
(COUNTY), a political subdivision of the State of California, and the CITIES OF
ALHAMBRA, MONTEREY PARK, PASADENA, ROSEMEAD, SAN GABRIEL, SAN
MARINO, SOUTH PASADENA, and TEMPLE CITY, municipal corporations. Collectively,
these entities shall be known herein as PARTIES or individually as PARTY.
WITNESSETH
WHEREAS, for the purpose of this AGREEMENT, the term PARTIES shall mean
the COUNTY, the SGVCOG, and the Cities of Alhambra, Monterey Park, Pasadena,
Rosemead, San Gabriel, San Marino, South Pasadena, and Temple City;
WHEREAS, the Los Angeles Regional Water Quality Control Board (REGIONAL
BOARD) has adopted National Pollutant Discharge Elimination System (NPDES)
Municipal Separate Storm Sewer System (MS4) Permit Order No. R4-2012-0175; and
WHEREAS, the MS4 Permit became effective on December 28, 2012, and
requires that the COUNTY, the LACFCD, and 84 of the 88 cities (excluding Avalon, Long
Beach, Palmdale, and Lancaster) within the Los Angeles County comply with the
prescribed elements of the MS4 Permit; and
WHEREAS, the MS4 Permit identifies the PARTIES, except SGVCOG, as MS4
permittees (PERMITTEES) that are responsible for compliance with the MS4 Permit
requirements pertaining to the Los Angeles River Bacteria Total Maximum Daily Load
(LAR Bacteria TMDL) Resolution No. R10-007; and
WHEREAS, the LAR Bacterial TMDL was adopted by the REGIONAL BOARD on
July 9, 2010 and became effective March 23, 2012; and
WHEREAS, the LAR Bacteria TMDL requires the responsible PERMITTEES to
protect recreational uses in the Los Angeles River watershed by meeting targets and
waste load allocations (WLAs) for the indicator bacterium E. coli; and
Page 1 of 24
WHEREAS, the PERMITTEES have agreed to collaborate on the development of
a Load Reduction Strategy (LRS) for the PERMITTEES to comply with the LAR Bacteria
TMDL; and
WHEREAS, the PERMITTEES have hired a consultant to develop the LRS for Rio
Hondo River and Tributaries; and
WHEREAS, the COUNTY, on behalf of the PERMITTEES, submitted the Rio
Hondo LRS to the REGIONAL BOARD on March 23, 2016, as shown in Attachment A;
and
WHEREAS, the Rio Hondo LRS identifies twenty-six (26) priority outfalls that
would have to be diverted or"turned off' by 2020 in order to meet the LAR Bacteria TMDL
requirements for Alhambra Wash, Rubio Wash, Eaton Wash, and the Rio Hondo; and
WHEREAS, the regional phased approach proposes to construct three (3)
diversions at the mouth of Alhambra Wash, Rubio Wash, and Eaton Wash; and
WHEREAS, the COUNTY, on behalf of the PERMITTEES, retained a consultant
on September 13, 2016, as shown in Attachment B, to prepare a supplemental LRS
document discussing the details of the regional phased approach, which was submitted
to the REGIONAL BOARD on October 25, 2017, as shown in Attachment C; and
WHEREAS, the PERMITTEES have agreed that hiring a consultant to prepare the
design plans and other planning activities for the three (3) regional phased projects as
described in Attachment C will be beneficial to the PERMITTEES; and
WHEREAS, the PERMITTEES have agreed to cost share the preparation of
design plans and other planning activities for three (3) regional phased projects; and
WHEREAS, the PARTIES have agreed to credit the COUNTY twenty-seven
thousand five hundred twenty-four dollars ($27,524) towards its cost share for providing
consultant services to develop the supplemental LRS document discussing the regional
phased approach; and
WHEREAS, the PARTIES have agreed that the total of each PARTY's cost share
shall not exceed the total amount shown in Table 1 of Exhibit A; and
WHEREAS, the PARTIES have agreed to have the SGVCOG, under the direction
of the PERMITTEES: (a) administer this AGREEMENT; (b) to retain and manage a
consultant to prepare design plans and other planning activities; (c) negotiate and enter
into agreements with consultants for as-needed services to prepare design plans and
other planning activities for three (3) regional phased projects; and (d) invoice and collect
funds from the PERMITTEES to cover the cost of the aforementioned consultant(s); and
Page 2 of 24
NOW, THEREFORE, in consideration of the mutual benefits to be derived by the
PERMITTEES, and of the promises contained in this AGREEMENT, the PARTIES agree
as follows:
Section 1. Recitals. The recitals set forth above are fully incorporated into this
AGREEMENT.
Section 2. Purpose. The purpose of this AGREEMENT is to cooperatively fund the
preparation of design plans and other planning activities for three (3) LRS projects and to
coordinate the payment between the PERMITTEES and SGVCOG.
Section 3. Cooperation. The PARTIES shall fully cooperate with one another to attain
the purposes of this AGREEMENT.
Section 4. Voluntary. The PARTIES have voluntarily entered into this AGREEMENT
for the preparation of design plans and other planning activities for three (3) LRS projects.
Section 5. Term. This AGREEMENT shall become effective to each PARTY on the
date the last PARTY signs this AGREEMENT, and shall remain in effect until (1) the
SGVCOG has provided written notice of completion of the design plans and all other
planning activities, and (2) the SGVCOG has received payment by all PERMITTEES of
their allocated pro-rata share hereunder.
Section 6. SGVCOG AGREES:
a. Consultant Services. To act as lead agency and hire a consultant to prepare the
PROJECT documentation required under the California Environmental Quality
Act, and to deliver said documentation to the PERMITEES, for their review,
comment, and approval prior to formal adoption. To hire a consultant to prepare
all required preliminary and final plans, specifications, and cost estimates for
PROJECT, and to deliver said preliminary and final plans, specifications, and
cost estimates to the PERMITTEES, for their review, comment, and approval
thereof.
b. Permits and rights of way. To acquire on behalf of PERMITTEES all required
authorizations and permits from government agencies necessary to design and
construct the PROJECT and to identify what rights of way may need to be
acquired. Should PERMITTEES desire to have the SGVCOG acquire such
rights of way, a separate agreement for that work will be required.
c. Invoice. To invoice the PERMITTEES for their share in the cost for the preparation
and delivery of the design plans, as described in Table 1 of Exhibit A. The one-
time invoice for the cost will be sent upon the effective date of this AGREEMENT,
as set forth in Section 5, or in December 2018, whichever comes first.
Page 3 of 24
d. Expenditure. To utilize the funds deposited by the PERMITTEES only for the
administration of the consultant contract(s) and the preparation of design plans
and other planning activities for the LRS projects.
e. Contingency. To notify the PERMITTEES if actual expenditures are anticipated to
exceed the cost estimate shown in Exhibit A and obtain written approval of such
expenditures from all PERMITTEES. A 10 percent contingency will be not be
invoiced unless actual expenditures exceed the original cost estimate.
Expenditures that exceed the 10 percent contingency will require an amendment
to this AGREEMENT.
f. Report. To provide the PERMITTEES with an electronic copy of the draft and final
LRS design plans.
g. Accounting. To provide an accounting upon termination of this AGREEMENT. At
the completion of the accounting, SGVCOG shall return to PERMITTEES any
unused portion of all funds deposited with SGVCOG in accordance with the cost
allocation set forth in Exhibit A.
It Permit. To work with the consultant(s) to obtain all necessary permits and
approvals for installation of permanent or temporary infrastructure, if needed,
and/or modifications to monitoring sites, and access to storm drains, channels,
catch basins, and similar properties (FACILITIES) during monitoring events and
maintenance necessary to perform the services for which consultant(s) have been
retained.
i. Responsibility. Upon completion of all work under this AGREEMENT, SGVCOG
will relinquish all ownership of design plans and products stemming from planning
activities to the PERMITTEES.
Section 7. THE PERMITTEES AGREE:
a. To provide SGVCOG all available plans, and survey data of existing PERMITTEE
infrastructure necessary to design PROJECT.
b. If the location of existing facilities of public and/or private utilities conflicts with the
construction of PROJECT, SGVCOG will identify such facilities located within
PERMITTEES' right of way and request that the PERMITTEES enforce available
rights under existing franchise agreements or encroachment permits held by
PERMITTEES for facilities' protection, relocation, or removal at no cost to
SGVCOG. PERMITTEES may choose to authorize SGVCOG to coordinate and
inspect such protection, relocation, or removal work, at PERMITTEES's
discretion. Nothing in this AGREEMENT shall restrict or affect PERMITTEES's
or SGVCOG's ability to enter into separate agreements with utilities for any
purpose, including for reimbursements of utility costs for protection, relocation,
maintenance, or removal of their facilities.
Page 4 of 24
c. To inform SGVCOG in writing within fifteen (15) days after receipt of each set of
plans, studies, specifications, and/or cost estimates from SGVCOG, if any of the
materials are incomplete or if additional information is necessary in order to
facilitate PERMITTEE's review of the materials.
d. To review and provide to SGVCOG any comments and suggestions to, or required
approvals/disapprovals of each set of plans, studies, specifications, and/or cost
estimates submitted to PERMITTEE within thirty (30) days after receipt of the
complete materials.
e. That the plans shall be considered complete and acceptable by PERMITTEES
when the plans involving PROJECT have been reviewed and approved by the
PERMITTEE's City Engineer, or his/her designated agent. Receipt by SGVCOG
of PROJECT plans signed by PERMITTEE's City Engineer or his/her designated
agent shall constitute PERMITTEE's approval of said plans.
f. That the funds provided by PERMITTEES for this work shall be eligible for such
expenditures.
g. Payment. To pay the SGVCOG for its proportional share of the estimated cost for
managing the consultant(s) and administering this AGREEMENT as shown in
Exhibit A, within sixty (60) days of receipt of the invoice from SGVCOG. The cost
estimates presented in Exhibit A have been agreed upon by the PARTIES and are
subject to changes in the LRS pursuant to new REGIONAL BOARD requirements
and/or unforeseen challenges in the field. Any such changes proposed to the
PERMITTEES' proportional share are subject to funding appropriation and will
require written approval of the PERMITTEES as explained in section 6(d).
ft Documentation. To make a good faith effort to cooperate with one another to
achieve the purposes of this AGREEMENT by providing all requested information
and documentation, in their possession and available for release to the SGVCOG
and its consultant(s), that are deemed necessary by the PARTIES to prepare the
design plans.
i. Access. Each PERMITTEE will allow reasonable access and entry to the
consultant, on an as needed basis during the term of this AGREEMENT, to the
PERMITTEES' FACILITIES to achieve the purposes of this AGREEMENT,
provided, however, that prior to entering any of the PERMITTEE'S FACILITIES,
the consultant shall obtain all necessary permits and approvals, including
executing a Right-of-Entry Agreement as may be necessary, and provide written
notice 72 hours in advance of entry to the applicable PERMITTEE. Permittees
shall provide any required permits at no cost to the SGVCOG or its consultants.
Section 8. Indemnification
Page 5 of 24
a. Each PARTY, which includes the SGVCOG, shall indemnify, defend, and hold
harmless each other PARTY, including their 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, and in relative proportion to, its own
negligence or willful misconduct under this AGREEMENT; provided, however, that
no PARTY shall indemnify another PARTY for the latter PARTY'S own negligence
or willful misconduct.
b. The PARTIES agree that any liability borne by or imposed upon any PARTY or
PARTIES hereto, arising out of this AGREEMENT and that is not caused by or
attributable to the negligence or willful misconduct of any PARTY hereto, shall be
fully borne by all the PERMITTEES in accordance with their respective pro rata
cost shares, as set forth in Exhibit A.
c. If any PERMITTEE pays in excess of its pro rata share in satisfaction of any liability
described in subsection b. above, such PERMITTEE shall be entitled to
contribution from each of the other PERMITTEES; provided, however, that the right
of contribution is limited to the amount paid in excess of the PERMITTEE's pro rata
share and provided further that no PERMITTEE may be compelled to make
contribution beyond its own pro rata share of the entire liability; and provided
further that no PERMITTEE shall indemnify another PERMITTEE for the latter
PERMITTEE's own negligence or willful misconduct.
d. To the maximum extent permitted by law, the SGVCOG shall require any
contractor retained pursuant to this AGREEMENT to agree to indemnify, defend,
and hold harmless each PARTY, which includes the SGVCOG, their special
districts, elected and appointed officers, employees, attorneys, agents, and
designated volunteers 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 contractor's performance of
its agreement with the SGVCOG- In addition, the SGVCOG shall require any such
contractor to carry, maintain, and keep in full force and effect an insurance policy
or policies, and each PARTY, its elected and appointed officers, employees,
attorneys, agents and designated volunteers shall be named as additional insureds
on the policy(ies) with respect to liabilities arising out of the contractor's work.
These requirements will also apply to any subcontractors hired by the contractor.
Section 9. Termination and Withdrawal
1. This AGREEMENT may be terminated upon the express written agreement of all
PARTIES. If this AGREEMENT is terminated, then all PARTIES must agree on
the equitable redistribution of remaining funds deposited, if there are any, or
payment of invoices due at the time of termination. Completed work shall be
owned by the PARTY or PARTIES who fund the completion of such work. Rights
Page 6 of 24
to uncompleted work by the consultant still under contract will be held by the
PARTY or PARTIES who fund the completion of such work.
2. If a PARTY fails to substantially comply with any of the terms or conditions of this
AGREEMENT, then that PARTY shall forfeit its rights to work completed through
this AGREEMENT, 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.
3. SGVCOG will notify all PARTIES in writing of any PARTY failing to cure an alleged
default in compliance with the terms or conditions of this AGREEMENT. The non-
delinquent PARTIES will determine the next course of action. The remaining cost
will be distributed based on the existing cost allocation formula in Exhibit A. If the
increase is more than the 10 percent contingency, an amendment to this
AGREEMENT must be executed to reflect the change in the PARTIES' cost share.
4. If a PARTY wishes to withdraw from this AGREEMENT for any reason, that PARTY
must give the other PARTIES and the REGIONAL BOARD prior written notice
thereof. The withdrawing PARTY shall be responsible for its entire share of the
LRS development costs shown in Exhibit A. The effective date of withdrawal shall
be the 6th day after SGVCOG receives written notice of the PARTY'S intent to
withdraw. Should any PARTY withdraw from this AGREEMENT, the remaining
PARTIES' cost share allocation shall be adjusted in accordance with the cost
allocation formula in Exhibit A.
Section 10. General Provisions
a. Notices. Any notices, bills, invoices, or reports relating to this AGREEMENT, and
any request, demand, statement, or other communication required or permitted
hereunder shall be in writing and shall be delivered to the representatives of the
PARTIES at the addresses set forth in Exhibit B attached hereto and incorporated
herein by reference. The 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 e-mail 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 e-mail; 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.
b. Administration. For the purposes of this AGREEMENT, 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 AGREEMENT on behalf of their
respective PARTY. Each of the persons signing below on behalf of a PARTY
represents and warrants that he or she is authorized to sign this AGREEMENT on
behalf of such PARTY.
Page 7 of 24
c. Relationship of the PARTIES. The PARTIES are, and shall at all times remain as
to each other, wholly independent entities. No PARTY to this AGREEMENT shall
have power to incur any debt, obligation, or liability on behalf of any other PARTY
unless expressly provided to the contrary by this AGREEMENT. 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.
d. Binding Effect. This AGREEMENT shall be binding upon, and shall be to the
benefit of the respective successors, heirs, and assigns of each PARTY; provided,
however, no PARTY may assign its respective rights or obligations under this
AGREEMENT without prior written consent of the other PARTIES.
e. Amendment. The terms and provisions of this AGREEMENT may not be
amended, modified, or waived, except by an instrument in writing signed by all
non-delinquent PARTIES. For purposes of this AGREEMENT, a PARTY shall be
considered delinquent if that PARTY fails to timely pay an invoice as required by
Section 7(a) or withdraws pursuant to Section 9(d).
f. Law to Govern. This AGREEMENT is governed by, interpreted under, and
construed and enforced in accordance with the laws of the State of California.
g. Severability. If any provision of this AGREEMENT is determined by any court to
be invalid, illegal, or unenforceable to any extent, then the remainder of this
AGREEMENT will not be affected, and this AGREEMENT will be construed as if
the invalid, illegal, or unenforceable provision had never been contained in this
AGREEMENT.
h. Entire Agreement. This AGREEMENT constitutes the entire agreement of the
PARTIES with respect to the subject matter hereof.
i. Waiver. Waiver by any PARTY to this AGREEMENT of any term, condition, or
covenant of this AGREEMENT shall not constitute a waiver of any other term,
condition, or covenant. Waiver by any PARTY to any breach of the provisions of
this AGREEMENT shall not constitute a waiver of any other provision, nor a waiver
of any subsequent breach or violation of any provision of this AGREEMENT.
j. Counterparts. This AGREEMENT may be executed in any number of
counterparts, each of which shall be an original, but all of which taken together
shall constitute one and the same instrument, provided, however, that such
counterparts shall have been delivered to all PARTIES to this AGREEMENT.
k. All PARTIES have been represented by counsel in the preparation and negotiation
of this AGREEMENT. Accordingly, this AGREEMENT shall be construed
according to its fair language. Any ambiguities shall be resolved in a collaborative
Page 8 of 24
manner by the PARTIES and shall be rectified by amending this AGREEMENT as
described in section 10(e).
IN WITNESS WHEREOF, the PARTIES hereto have caused this AGREEMENT to
be executed by their duly authorized representatives and affixed as of the date of
signature of the PARTIES:
Page 9 of 24
COUNTY OF LOS ANGELES
By
MARK PESTRELLA, Director of Public Date
Works
APPROVED AS TO FORM:
MARY C. WICKHAM
County Counsel
By
Deputy Date
Page 10 of 24
CITY OF ALHAMBRA
By
Name Date
Title
APPROVED AS TO FORM:
By
Name, Esq.
City Attorney
Page 11 of 24
CITY OF MONTEREY PARK
By
Name Date
Title
APPROVED AS TO CONTENT:
By
Name
Title
APPROVED AS TO FORM:
By
Name, Esq.
City Attorney
Page 12 of 24
CITY OF PASADENA
By
Name Date
Title
APPROVED AS TO CONTENT:
By
Name
Title
APPROVED AS TO FORM:
By
Name, Esq.
City Attorney
Page 13 of 24
CITY OF ROSEMEAD
By
Gloria Molleda Date
City Manager
APPROVED AS TO CONTENT:
By
Ericka Hernandez
City Clerk
APPROVED AS TO FORM:
By
Rachel Richman
City Attorney
Burke, Williams & Sorensen, LLP
Page 14 of 24
CITY OF SAN GABRIEL
By
Name Date
Title
APPROVED AS TO CONTENT:
By
Name
Title
APPROVED AS TO FORM:
By
Name, Esq.
City Attorney
Page 15 of 24
CITY OF SAN MARINO
By
Name Date
Title
APPROVED AS TO CONTENT:
By
Name
Title
APPROVED AS TO FORM:
By
Name, Esq.
City Attorney
Page 16 of 24
CITY OF SOUTH PASADENA
By
Name Date
Title
APPROVED AS TO CONTENT:
By
Name
Title
APPROVED AS TO FORM:
By
Name, Esq.
City Attorney
Page 17 of 24
CITY OF TEMPLE CITY
By
Name Date
Title
APPROVED AS TO CONTENT:
By
Name
Title
APPROVED AS TO FORM:
By
Name, Esq.
City Attorney
Page 18 of 24
SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS
By
Marisa Creter Date
Executive Director
APPROVED AS TO FORM:
By
Richard D. Jones
Counsel for the SGVCOG
Page 19 of 24
EXHIBIT A
Rio Hondo and Tributaries
Funding Contributions for LRS Implementation
Table 1. Not-To-Exceed Party Cost-Share
Jurisdiction Total Table 2 Table 3 Table 4
Alhambra $89,938 $85,362 $1,633 $2,943
Monterey Park $51,895 $49,274 $934 $1,687
Pasadena $860,530 $816,451 $15,717 $28,362
Rosemead $13,179 $12,492 $246 $441
San Gabriel $16,800 $15,962 $299 $539
San Marino $256,417 $243,061 $4,761 $8,595
South Pasadena $21,218 $20,126 $389 $703
Temple City $243,863 $233,920 $3,545 $6,398
County $295,160 $312,352 (-$27,524) $10,332
Total $1,849,000 $1,789,000 $0 $60,000
Table 2: Party's Design Cast Per Waterbody
Table 3: Rio Hondo LRS Addendum Repart
Table 4: SGVCOG Admin Fee
Page 20 of 24
O o Noon O O OD
Nm N o
M Q r O
N C) NN r
O CO I- Q N
U Cin u
CF)
in w
.0
N d O 0 0 0 0 o 00 .8L)1
CO CD N I-- CO
O Cr) N
O' C (0 r N
:ate)
U `m
re a
y0 0 00000' 0 Q o 0 o el c..-
n
m ga i r N O N
c CO N n Q V
m i)
G Q CO „ N
O O '1• 00 '1- O O N O
ON N N 0
co Q m co oop
O N a co Q a
U u 69i» w
C
0
VS L
m ° ° ° S ° ° o O I s o
? pgo
E of Ni m u
m N C 0 CO Q N
N p_ To U
mE w a
n �
Q a K W V O O 0 0 0 O N C Q N
F J ca N r Cl O O
m C w c m O W Ni r a p
.( ° r
(O OI n N
K p c O Q r r ei 0)
w -p ._ m
p S CONr W WOI (NO (OO N ON 0
Q O D_
_P C) N I-- Q o r (O O
p C n N O) Q N N co O OI Q
2 0 0 co 69 Ni N CO r 69 (Na,W
69
m 4 L
C 00 0
A
c 3 al e o o e o 0 o O c
C) r 00 N C) N O).. co
u- j . ^
N I: t0 r N Ni Ni Q.
Q N
U
L-
04)
r O.
a
Z.
O O u O r N N O) r O r N
0 q r C) Ni. N N r NI N0
C c q N (On Q Ni Lci 0( Op N-W N 0
0) m m rl Q 0 r 1 C) r N 0
N O a N r
O N Q r N CO r (O O N O
N COVNOOO N O O) r M
(S N O) (O N N C) O CO- r C)
N CO;
W
N O m V
~ 'o a m m 1' ° m U
:p d c y 0 c
co
E m m m 0 r m a E Q
m c m m c c 5 m E z r
Q20. (0 in i
EXHIBIT A
Rio Hondo and Tributaries
Funding Contributions for LRS Implementation
Table 3. Rio Hondo LRS Addendum Report'
Jurisdiction Total Rio Hondo LRS Addendum Report
Drainage Area (ac)2 Percentage Cost
Alhambra $1,633 751.10 4.91% $1,633
Monterey Park $934 430.37 2.81% $934
Pasadena $15,717 7,237.38 47.27% $15,717
Rosemead $246 112.65 0.74% $246
San Gabriel $299 137.59 0.90% $299
San Marino $4,761 2,193.21 14.32% $4,761
South Pasadena $389 179.51 1.17% $389
Temple City $3,545 1,632.35 10.66% $3,545
County $5,726 2,636.60 17.22% $5,726
TOTAL $33,250 15,310.76 100% $33,250
1. County's credit is$27 52a($33250-$5726)
2 Drainage Area=Drainage areas from Alhambra Wash+Eaton Wash+Rubio Wash
Table 4. SGVCOG Admin Fee'
Jurisdiction Total Drainage Area (ac) Percentage
Alhambra $2,943 751.10 4.91%
Monterey Park $1,687 430.37 2.81%
Pasadena $28,362 7,237.38 47.27%
Rosemead $441 112.65 0.74%
San Gabriel $539 137.59 0.90%
San Marino $8,595 2,193.21 14.32%
South Pasadena $703 179.51 1.17%
Temple City $6,398 1,632.35 10.66%
County $10,332 2,636.60 17.22%
Total $60,000 15,310.76 100%
1. SGVCOG Admin Fee o$60,000
Page 22 of 24
EXHIBIT B
Rio Hondo River and Tributaries
Responsible Agency Representatives
AGENCY ADDRESS AGENCY CONTACT
County of Los Angeles Paul Alva
Department of Public Works Email: palva@dpw.lacounty.gov
Stormwater Quality Division, 11th Floor
Phone: (626)458-4325
900 South Fremont Avenue Fax: (626)457-1526
Alhambra, CA 91803
City of Alhambra David Dolphin
111 South First Street Email: ddolphin@cityofalhambra.org
Alhambra, CA 91801 Phone: (626) 300-1571
Fax: (626)282-5833
City of Monterey Park Bonnie Tam
320 West Newmark Avenue Email: btam@montereypark.ca.gov
Monterey Park, CA 91754 Phone: (626) 307-1383
Fax: (626) 307-2500
City of Pasadena Steve Walker
P.O. Box 7115 Email: swalker@cityofpasadena.net
Pasadena, CA 91109 Phone: (626) 744-4271
Fax: (626) 744-3823
•
•
•
City of Rosemead Elroy Kiepke
8838 East Valley Boulevard Email: ekiepke@willdan.com
Rosemead, CA 91770 •
Phone: (562) 908-6278
Fax: (626) 307-9218
City of San Gabriel Daren Grilley
425 South Mission Avenue Email: dgrilley@sgch.org
San Gabriel, CA 91776 Phone: (626) 308-2806
Fax: (626)458-2830
City of San Marino Cindy Collins
2200 Huntington Drive Email: ccollins@cityofsanmarino.org
San Marino, CA 91108 Phone:
Fax:
Page 23 of 24
EXHIBIT B
Rio Hondo River and Tributaries
Responsible Agency Representatives
City of South Pasadena Shin Furukawa
1414 Mission Street Email: sfurukawa@ci.south-pasadena.ca.us
South Pasadena, CA 91030 Phone. (626)403-7246
Fax: (626)403-7241
City of Temple City Andrew Coyne
9701 Las Tunas Drive Email: acoyne@templecity.us
Temple City, CA 91780 Phone:
Fax:
San Gabriel Valley Council of Governments Marisa Creter
1000 S. Fremont Ave. Unit 42 Email: mcreteresgvcoq.orq
Bldg A10-N, Suite 10210 Phone: (626)457-1800
Alhambra, CA 91803 Fax: (626)457-1285
Page 24 of 24