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CC - Item 6E - Participation in the Coordinated Integrated Monitoring Program and Enhanced Watershed Management Plan for the Upper Los Angeles River Watershed Management Area 1E Me p ° _ © 9 ° ROSEMEAD CITY COUNCIL ®�\ of STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: GLORIA MOLLEDA, CITY MANAGER •VA: DATE: MAY 8. 2018 SUBJECT: PARTICIPATION IN THE COORDINATED INTEGRATED MONITORING PROGRAM (CIMP) AND ENHANCE WATERSHED MANAGEMENT PLAN (EWMP) FOR THE UPPER LOS ANGELES RIVER WATERSHED MANAGEMENT AREA SUMMARY On November 8, 2012, the California Regional Water Quality Control Board, Los Angeles Region (Regional Board) adopted the new County Wide National Pollutant Discharge Elimination System (NPDES) Permit for the County, the County Flood Control District, and 84 of the 88 incorporated cities within Los Angeles County. This permit became effective on December 28, 2012, and gave the permittees options for complying with the permit. Of the options offered, on July 27, 2013, the City of Rosemead selected to join the City of Los Angeles along with 17 other agencies to form the Upper Los Angeles River (ULAR), an Enhanced Watershed Management Plan (EWMP) group. The group jointly prepared an EWMP and a Coordinated Integrated Monitoring Plan (CIMP), which were submitted to the Regional Board for approval. After review by many parties, and revisions required by the Regional Board, the CIMP was approved in 2015 and the EWMP was approved one year later in 2016. On August 5, 2015, the Regional Board approved the ULAR EWMP group CIMP. During the Regional Board approval process the ULAR EWMP group had developed a Memorandum of Agreement (MOA) to administer and establish a cost share for the implementation of the CIMP. This MOA, which was approved by the City Council at its meeting of October 20, 2015, is scheduled to expire on June 30, 2018. The attached MOA is being presented to continue the administration and establish the cost share based on services used by each member of the EWMP group for the next five-year period beginning July 1, 2018 thru June 30, 2023. As the City of Los Angeles Management structure is so lengthy, they sought the services of the San Gabriel Valley Council of Governments (SGVCOG) to assist with the financial elements of this agreement. Unlike the last MOA (where the City of Los Angeles sent out bills to each EWMP member)this agreement would have the SGVCOG sending out the bills, holding the monies, and disbursing the funds to the City of Los Angeles or a contractor with approval of the EWMP Group. ITEM NO. 6.E City Council Meeting May 8.2018 Page 2 of 5 This MOA has added services, beyond the monitoring functions that were defined in the previous MOA. These additional services in the new MOA are related to the EWMP implementation that each member must perform and are shown in the Tables 3 — 10 of the MOA. BACKGROUND The City of Los Angeles has performed monitoring activities within the Los Angeles River Watershed for the last three years under the terms of the current MOA and proposes to continue to perform the monitoring services for the term of the new MOA, which is for a five year period from July 1, 2018 to June 30, 2023. They were actively involved with the implementation of the CIMP that we are currently operating under. They have performed well and have much of the staff and equipment needed to complete the obligations under the MOA. In addition, during the last 3 years, the EWMP group has discovered that the additional services listed above lack adequate funding and are a significant benefit to the group. Thus, we are proposing to add the additional EWMP related services to the Existing MOA. Representatives of the 19 participating agencies, as well as the SGVCOG, that will be participating in the CIMP implementation and the EWMP Implementation, have reviewed and approved the MOA as to form. When the last agency has executed the MOA, it will become effective for the term of the MOA or until a new NPDES permit is issued, and/or until the MOA must be extended to comply with the current permit. The current permit expired on December 28, 2017. However, since the EWMP group filed a Report of Waste Discharge (ROWD), which is an application for permit renewal, the permit was automatically extended until it is replaced by the Regional Board. There is no published schedule that can be cited to predict the date that the permit will be replaced. The proposed MOA has costs currently estimated to be $7,606,600, which are spread over a 5-year schedule beginning July 1, 2018, and ending on June 30, 2023. The approved CIMP and EWMP MOA includes a schedule of events with specific dates when monitoring will begin at existing monitoring sites. In addition, this MOA includes a schedule for the design and installation of additional monitoring sites, which are required to complete the CIMPs required monitoring scope. The MOA also includes a schedule for activities that are being funded through this MOA for the EWMP, and currently approved permit, as related to annual reports, notice of waste discharge, and the Total Maximum Daily Load(TMDL). In addition to the MOA, the City will also be including a letter to the City of Los Angeles clarifying that the City reserves its right to exit the program, as well as participation in the Upper Los Angeles Enhanced Watershed Management Plan (EWMP), at any time, and that by executing the MOA the City in no way endorses the plan (see Attachment B). STAFF RECOMMENDATION It is recommended that the City Council take the following actions: City Council Meeting May 8.2018 Page 3 of 5 1. Approve the Memorandum of Agreement authorizing the City of Rosemead's participation in the Coordinated Integrated Monitoring Program and Enhanced Watershed Management Plan for the Upper Los Angeles River Watershed Management Area. 2. Authorized the City Manager to execute the Memorandum of Agreement authorizing the City of Rosemead's participation in the Coordinated Integrated Monitoring Program and Enhanced Watershed Management Plan for the Upper Los Angeles River Watershed Management Area and submit to the City of Los Angeles. 3. Approve the Letter to the City of Los Angeles, authorize the Mayor to execute, and forward to the City of Los Angeles with the executed Memorandum of Agreement. FISCAL IMPACT As shown below, the City's total cost over the five year period (July 1, 2018 to June 30, 2023) for the CIMP implementation is $34,840 and for the EWMP implementation is $19,971. The Fiscal Year 2018-19 Budget contains a total of$300,000 in General funds for National Pollutant Discharge Elimination System (NPDES) program compliance, which would be used for the FY 2018-19 CIMP payment of$7,581 and EWMP payment of$5,034. Upper Los Angeles River Enhanced Watershed Management Arca CIMP Implementation Costs Agency FY 18-19 FY 19-20 FY 20-21 FY 21-22 FY 22-23 Total LACFCD $41,269 $57,360 $34,536 $34,556 $51,127 $218,848 City of Los Angeles $448,136 $637,212 $373,145 $373,145 $580,367 $2,412,005 County of LA $110,198 $132,588 $94,952 $95,161 $116,540 $549,439 City of Alhambra $11,184 $10,053 $10,053 $10,053 $10,053 $51,398 City of Burbank $25,406 $42,837 $22,837 $22,837 $54,168 $168,086 City of Calabasas $23,640 $70,648 $8,245 $8,245 $8,245 $119,023 City of Glendale $44,852 $71,702 $40,317 $40,317 $88,532 $285,720 City of Hidden Hills $5,496 $15,915 $1,978 $1,978 $1,978 $27,345 City of La Canada Flintridge $12,673 $14.057 $11,392 $11,392 $15,314 $64,827 City of Montebello $12,265 $11,025 $11,025 $11,025 $11,025 $56,365 City of Monterey Park $11,338 $10.192 $10,192 $10,192 $10,192 $52,105 City of Pasadena $33,902 $30,693 $30474 $30,474 $30,857 $156,399 City of Rosemead $7,581 $6,815 $6,815 $6,815 $6,815 $34,840 City of SanFernando $3,475 $4,623 $3,124 $3,124 $5,359 $19,705 City of San Gabriel $6,056 $5,444 $5,444 $5,444 $5,444 $27,832 City of San Marino $5,518 $4,960 $4,960 $4,960 $4,960 $25,357 City of So. Pasadena $5,006 $4,500 $4,500 $4,500 $4,500 $23,005 City of Temple City $5,900 $5,303 $5,303 $5,303 $5,303 $27,113 Total Estimated $825,379 $1,147,199 $690,722 S691,114 $1,022,538 $4,376,952 City Council Meeting May 8,2018 Page 4 of 5 Upper Los Angeles River Enhanced Watershed Management Area EWMP Implementation Costs % 5 YR CITY Drainage FY 18-19 FY 19-20 FY 20-21 FY 21-22 FY 22-23 Total Area City of LA 58.53% $219,177 $166,120 $312,775 $416,958 $221,723 $1,336,752 Alhambra 1.58% $5,916 $4,484 $6,735 $4,867 $5,985 $27,987 Burbank 3.58% $13,409 $10,163 $15,265 $33,182 $13,564 $85,583 Calabasas 1.29% $5,254 $3,662 $45,435 $3,975 $4,887 $63,213 Glendale 6.32% $23,627 $17,943 $26,949 $98.628 $23,947 $191,139 Hidden Hills 0.31% $4303 $882 $10,237 $957 $1,176 $17,555 La Canada 1.79% $6,704 $5,082 $7,632 $5,516 $6,782 $31,717 Flintridge Montebello 1.73% $6,478 $4,910 $7,375 $5,329 $6,553 $30,646 Monterey Park 1.60% $5,994 $4,544 $6,824 $4,932 $6,064 $28,357 Pasadena 4.78% $17,897 $13,564 $20,375 $14,758 $18,105 $84,698 Rosemead 1.07% $5,034 $3,034 $4,559 $3,294 $4,051 $19,971 San Fernando 0.49% $4,474 $1,390 $2,088 $5,510 $1,855 $15,317 San Gabriel 0.85°% $4,828 $2,414 $3,625 $3,917 $3,221 $18,005 San Marino 0.78% $4,753 $2,212 $3,324 $2.401 $2,953 $15,642 South El Monte 0.51% $1,602 $3,052 $2,177 $1,573 $1,934 $10,338 South Pasadena 0.71% $4,680 $2,010 $3,022 $2,182 $2,685 $14,579 Temple City 0.83% $4,804 $2,354 $3,537 $2,555 $3,143 $16,393 LACFCD -- $10,250 $6,500 $34,050 $27,300 $11,500 $89,600 LA County 13.25% $49,616 $37,605 $69,313 $77,719 $50,192 $284.445 Total 100% $398,845 $290,923 $585,296 $715,552 $390,321 $2,381,938 Notes: 1 Total Cost-SGVCOG Admin Fee+Annual Report Costs+ Adaptive Management Costs+ROWD Costs+ LRS Costs-TMRP Costs+Special Studies Costs. STRATEGIC PLAN IMPACT-None LEGAL REVIEW The combined CIMP and EWMP MOA has been reviewed and approved by the City Attorney. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. City Council Meeting May 8,2018 Page 5 of 5 Prepared by: Submitted by: I afael M. Fajardo, P.E. City Engineer Michelle Ramirez.Director blic Works Attachment A: Memorandum of Agreement authorizing the City of Rosemead's participation in the Coordinated Integrated Monitoring Program and Enhanced Watershed Management Plan for the Upper Los Angeles River Watershed Management Area Attachment B: Letter to the City of Los Angeles (City of Rosemead Participation in the Coordinated Integrated Monitoring Program and Enhanced Watershed Management Plan) E M f O �ko lar of ESC- Attachment A Memorandum of Agreement authorizing the City of Rosemead's participation in the Coordinated Integrated Monitoring Program and Enhanced Watershed Management Plan for the Upper Los Angeles River Watershed Management Area MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF LOS ANGELES, THE CITY OF ALHAMBRA, THE CITY OF BURBANK, THE CITY OF CALABASAS, THE CITY OF GLENDALE, THE CITY OF HIDDEN HILLS, THE CITY OF LA CANADA FLINTRIDGE, THE CITY OF MONTEBELLO, THE CITY OF MONTEREY PARK, THE CITY OF PASADENA, THE CITY OF ROSEMEAD, THE CITY OF SAN FERNANDO, THE CITY OF SAN GABRIEL, THE CITY OF SAN MARINO, THE CITY OF SOUTH EL MONTE, THE CITY OF SOUTH PASADENA, THE CITY OF TEMPLE CITY, LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, THE COUNTY OF LOS ANGELES, AND THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS REGARDING THE ADMINISTRATION AND COST SHARING FOR IMPLEMENTING THE COORDINATED INTEGRATED MONITORING PROGRAM (CIMP) AND ENHANCED WATERSHED MANAGEMENT PLAN (EWMP) FOR THE UPPER LOS ANGELES RIVER WATERSHED MANAGEMENT AREA This Memorandum of Agreement (MOA), made and entered into as of the date of the last signature set forth below by and between The SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS (SGVCOG), a California Joint Powers Authority, THE CITY OF LOS ANGELES (CITY), a municipal corporation, THE CITY OF ALHAMBRA, a municipal corporation, THE CITY OF BURBANK, a municipal corporation, THE CITY OF CALABASAS, a municipal corporation, THE CITY OF GLENDALE, a municipal corporation, THE CITY OF HIDDEN HILLS, a municipal corporation, THE CITY OF LA CANADA FLINTRIDGE, a municipal corporation, THE CITY OF MONTEBELLO, a municipal corporation, THE CITY OF MONTEREY PARK, a municipal corporation, THE CITY OF PASADENA, a municipal corporation, THE CITY OF ROSEMEAD, a municipal corporation, THE CITY OF SAN FERNANDO, a municipal corporation, THE CITY OF SAN GABRIEL, a municipal corporation, THE CITY OF SAN MARINO, a municipal corporation, THE CITY OF SOUTH EL MONTE, a municipal corporation, THE CITY OF SOUTH PASADENA, a municipal corporation, THE CITY OF TEMPLE CITY, a municipal corporation, LOS ANGELES COUNTY FLOOD CONTROL DISTRICT (LACFCD), a body corporate and politic, and the COUNTY OF LOS ANGELES (COUNTY), a political subdivision of the State of California. Collectively, these entities shall be known herein as PARTIES or individually as PARTY. WITNESSETH WHEREAS, for the purpose of this MOA, the term PARTIES shall mean the Cities of Los Angeles, Alhambra, Burbank, Calabasas, Glendale, Hidden Hills, La Canada Flintridge, Montebello, Monterey Park, Pasadena, Rosemead, San Fernando, San Gabriel, San Marino, South El Monte, South Pasadena, Temple City, Los Angeles County Page 1 of 58 Flood Control Districts (LACFCD), and the County of Los Angeles (COUNTY)Land the term CITY shall mean only the City of Los Angeles; and the term SGVCOG shall mean the San Gabriel Valley Council of Government; and WHEREAS, the U.S. Environmental Protection Agency (USEPA) and the California Regional Water Quality Control Board, Los Angeles Region (Regional Board), have classified the Greater Los Angeles County Municipal Separate Storm Sewer System (MS4) as a large MS4 pursuant to 40 CFR section 122.26(b)(4) and a major facility pursuant to 40 CFR section 122.2; and WHEREAS,the Regional Board has adopted National Pollutant Discharge Elimination System MS4 Permit Order No. R4-2012-0175 (MS4 Permit); and WHEREAS, the MS4 Permit became effective on December 28, 2012, and requires that the LACFCD, the COUNTY, and 84 of the 88 cities (excluding Avalon, Long Beach, Palmdale, and Lancaster) within the County comply with the prescribed elements of the MS4 Permit; and WHEREAS, the MS4 Permit identified the PARTIES as MS4 permittees responsible for compliance with the MS4 Permit requirements pertaining to the PARTIES' collective jurisdictional area in the Upper Los Angeles Watershed Management Area as identified in Exhibit E of this MOA; and WHEREAS, the PARTIES elected voluntarily to collaborate on the development of an Enhanced Watershed Management Program (EWMP) and a Coordinated Integrated Monitoring Program (CIMP) in accordance with the MS4 Permit for a portion of the Upper Los Angeles Watershed Management Area as identified in Exhibit E of this MOA to comply with all applicable monitoring requirements of the MS4 Permit; and WHEREAS, the EWMP was submitted to the Regional Board by the PARTIES on June 25, 2015, and was approved by the Regional Board on April 20, 2016; and WHEREAS, the CIMP was submitted to the Regional Board by the PARTIES on June 26, 2014 and was approved by the Regional Board on November 18, 2015; and WHEREAS, the PARTIES have agreed for the CITY to perform and coordinate the MONITORING SERVICES of the CIMP and the EWMP-RELATED TASKS on the PARTIES' behalf, and the PARTIES have agreed to pay the CITY for their services as indicated in Tables 1-4 of Exhibit A and Tables 1-10 of Exhibit B, respectively, of this MOA; and Page 2 of 58 WHEREAS, the CITY retains the right to outsource some or all of the elements of the MONITORING SERVICES and EWMP-RELATED TASKS, at a cost not to exceed those shown in Tables 1-4 of Exhibit A and Tables 1-10 of Exhibit B; and WHEREAS, the PARTIES desire to have the SGVCOG: (a) invoice and collect funds from each of the PARTIES to cover the costs of MONITORING SERVICES and EWMP-RELATED TASKS and pay the CITY; (b) administer this MOA; and (c) negotiate, enter into agreements with, and collect funds from individual NPDES permit holders for cost-sharing of MONITORING SERVICES; and (d) negotiate, enter into agreements with consultant(s) to execute services to uphold the SERVICES and TASKS of this MOA; and WHEREAS, the PARTIES have agreed that the total cost for this MOA shall not exceed $6,758,892 as shown in Table 1 of Exhibit C; and. WHEREAS, the PARTIES have agreed to cooperatively share and fully fund the estimated costs of the implementation of the CIMP and EWMP based on the Distributed Cost contained in Tables 1-4 of Exhibit A and Tables 1-10 of Exhibit B, respectively, of this MOA; 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 MOA; and WHEREAS, individual NPDES permit holders that are not PARTIES may wish to participate in the MONITORING SERVICES for individual permit compliance; and WHEREAS, the PARTIES contemplate allowing such individual NPDES permit holders to participate in the MONITORING SERVICES without being a party to this MOA, in order to minimize the costs of preparing and implementing the CIMP to each of the PARTIES; and WHEREAS, the SGVCOG agrees to enter into individual separate agreements with such individual NPDES permit holders (which shall not become parties to this MOA) for MONITORING SERVICES cost-sharing purposes only; and WHEREAS, if other individual NPDES permit holders participate in the cost sharing relating to the MONITORING SERVICES, the PARTIES contemplate that the invoicing table in Exhibit C will be modified as appropriate and each PARTY's proportional payment obligation reduced accordingly to reflect other individual NPDES permit holders' payments. Page 3 of 58 NOW, THEREFORE, in consideration of the mutual benefits to be derived by the PARTIES, and of the promises contained in this MOA,the PARTIES, and SGVCOG agree as follows: Section 1. Recitals. The recitals set forth above are true and correct and fully incorporated into this MOA. Section 2. Purpose. The purpose of this MOA is to cooperatively fund the MONITORING SERVICES and TASKS of the Upper Los Angeles River Watershed Management Area Group CIMP and EWMP and to authorize the SGVCOG to administer the cost sharing. Section 3. Cooperation. The PARTIES and the SGVCOG shall fully cooperate with one another to attain the purposes of this MOA. Section 4. Voluntary. The PARTIES have voluntarily entered into this MOA for the implementation of the MONITORING SERVICES and EWMP-RELATED TASKS and authorize the SGVCOG to administer the cost-sharing. Section 5. Term. This MOA shall become effective on the date the last PARTY executes this MOA and shall remain in effect for five (5) years from the effective date or until June 30th, 2023, or whichever is later. The MOA may be extended, through an executed amendment, for an additional three (3) years. Section 6. Commitment. Once effective, all cooperating PARTIES and the SGVCOG agree to uphold the promises contained in this MOA for the duration of the agreed upon term. Section 7. THE PARTIES AND SGVCOG AGREE: a. Monitoring Services. The CITY will perform the MONITORING SERVICES to support the PARTIES' submittal of the MS4 Permit Annual Report. The CITY reserves the right to modify this MOA, through a written amendment to be approved by all PARTIES, when conditions, such as, but not limited to, expansion of CIMP requirements, additional EWMP-RELATED TASKS impact annual costs. b. Reporting. The PARTIES authorize the CITY to prepare and submit semi-annual and annual analytical monitoring reports to the Regional Board as described in the CIMP as well as electronic files if requested by the Regional Board. The CITY shall distribute the semi-annual and annual reports to the PARTIES fifteen (15) businesses days prior to submittal to the Regional Board. The PARTIES may review the monitoring report and submit comments to the CITY prior to its submittal to the Regional Board. Page 4 of 58 c. Invoicing. The SGVCOG will invoice all PARTIES, except the CITY, in annual amounts not exceeding the invoice amounts shown in Table 1 of Exhibit C. SGVCOG will pay the CITY, the difference between the funds collected and the sum of administrative costs, the CITY's portion of shared costs for MONITORING SERVICES and EWMP-RELATED TASKS. The annual invoices will be issued in May of each calendar year in anticipation of the expected monitoring cost for the next fiscal year. The CITY shall provide SGVCOG an accounting of the MONITORING SERVICES and EWMP-RELATED TASKS completed during each annual payment term by October 31st of the following year. Contingency and other funds shall be retained by SGVCOG to be used at the discretion of the PARTIES. The PARTIES will form a Technical Advisory Committee (TAC) subcommittee to verify the accounting, monitoring and other work completed and the amount of the invoices before the SGVCOG remits payment back to the CITY. d. Additional Studies. The PARTIES agree that preparing grant applications, and/or conducting watershed-wide special studies, monitoring with other watershed groups, conducting other collaborative activities for the purpose of complying with the MS4 Permit may be funded by the Parties subject to the terms of this MOA, provided that there are available excess contract funds or contingency funds available to fund these activities. Prior to the performance of any such activities, all PARTIES must provide written approval of the activities and revise Tables 1-4 of Exhibit A and Tables 1-10 of Exhibit B showing which PARTIES will be funding the activities and in what amounts. a. Contracting. The PARTIES contemplate allowing other individual NPDES permit holders to participate in the MONITORING SERVICES without being a party to this MOA, in order to minimize the costs of preparing and implementing the CIMP to each of the PARTIES. In the event that another NPDES permit holder wants to participate in the MONITORING SERVICES, the SGVCOG may enter into an individual separate agreement with such individual NPDES permit holder (which shall not become a party to this MOA) for MONITORING SERVICES cost sharing purposes. If other individual NPDES permit holders participate in the cost sharing relating to the MONITORING SERVICES, the invoicing tables in Exhibit C shall be modified as appropriate and each PARTIES' proportional payment obligation reduced accordingly to reflect other individual NPDES permit holders' payments. Section 8. Payment. a. Annual Payment. Each PARTY shall pay the SGVCOG for its proportional share of the estimated cost for MONITORING SERVICES and EWMP-RELATED TASKS including SGVCOG's fees as shown in Table 4 of Exhibit A and Table 3 of Exhibit B, within sixty (60) days of receipt of the invoice from the SGVCOG. The SGVCOG will remit payment to the CITY within sixty (60) days of receipt of payments from Page 5 of 58 the other PARTIES, noting any delinquent payments that remain due after deducting the SGVCOG's administrative fixed fee as set forth in Table 4 of Exhibit A and Table 3 of Exhibit B and twelve hundred and thirty dollars ($1,230) per individual permittee agreement. The invoicing amounts presented in Exhibit C have been agreed upon by the PARTIES and are subject to change, through a written amendment, to address unforeseen challenges. b. Program Management Fee. The costs of MONITORING SERVICES in Exhibit A and EWMP-RELATED TASKS in Exhibit B include a Program Management Fee for facilitation of this MOA by the SGVCOG in the combined amount of $100,000 per year as shown in Table 4 of Exhibit A and Table 3 of Exhibit B. c. Contingency. The CITY and the SGVCOG will notify the PARTIES if actual expenditures for MONITORING SERVICES and/or EWMP-RELATED TASKS are anticipated to exceed the cost estimates contained in Exhibit A and B. Inasmuch, the MONITORING SERVICES may be adaptable to sampling events during an event that may preclude the CITY from notifying the PARTIES, and the CITY may incur cost greater than the contract estimates contained in Exhibit A. The PARTIES agree to pay the CITY (through SGVCOG) for their proportional share of these additional expenditures at an amount not to exceed ten percent (10%) of their proportional annual cost as shown in Table 1 of Exhibit C. Any costs which exceed this ten percent (10%) contingency will require an amendment to this MOA. These funds will be held by SGVCOG until such time as they are needed. d. Reconciliation of this MOA. Any unexpended funds held by SGVCOG at the termination of this MOA will be refunded or credited to the PARTIES by the SGVCOG, as requested in writing by each PARTY and in accordance with the distributed cost formula set forth in Tables 1 of Exhibit C or PARTIES may elect to roll-over unexpended funds to cover monitoring expenses in the subsequent MOA. At the end of the MOA, the SGVCOG will provide the PARTIES with an accounting of actual expenditures within ninety (90) days. e. Late Payment Penalty. Any payment that is not received within sixty (60) days following receipt of the invoice from SGVCOG shall be subject to interest on the original amount from the date that the payment first became due. The interest rate shall be equal to the Prime Rate in effect when the payment first became due plus one percent (1%) for any payment that is made within one (1) to thirty (30) days after the due date. The Prime Rate in effect when the payment first became due plus five percent (5%) shall apply to any payment that is made within thirty one (31) to sixty (60) days after the due date. The Prime Rate in effect when the payment first became due plus ten percent (10%) shall apply to any payment that is made more than sixty (60) days past the due date. The rates, shall nevertheless, not exceed the maximum allowed by law. Page 6 of 58 f. Delinquent Payments. A payment is considered to be delinquent one hundred and eighty (180) days after receipt of the invoice from the SGVCOG. The following procedure may be implemented to attain payments from the delinquent PARTY or PARTIES: 1) verbally contact/meet with the manager(s) from the delinquent PARTY or PARTIES; 2) submit a formal letter to the delinquent PARTY or PARTIES from SGVCOG counsel; and 3) notify the Regional Board that the delinquent PARTY or PARTIES are no longer a participating member of the CIMP or EWMP. If the PARTY or PARTIES remain delinquent after the above procedures, then that PARTY's participation in this MOA will be deemed terminated, and the remaining PARTIES' cost share allocation shall be adjusted in accordance with the cost allocation formula in Exhibit C. Section 9. THE PARTIES FURTHER AGREE: a. Documentation. The PARTIES agree to provide at no cost to the City all requested information and documentation in their possession that is deemed necessary by the PARTIES to perform the MONITORING SERVICES and EWMP-RELATED TASKS. b. Access. Each PARTY shall allow the City or its contractor reasonable access and entry to—on an as- needed basis during the term of this MOA—certain facilities and structures owned, operated, or controlled by the PARTY, which access and entry are necessary for the CITY or its contractor to perform MONITORING SERVICES and EWMP-RELATED TASKS (FACILITIES). The FACILITIES shall include but not be limited to the PARTY's storm drains, channels, catch basins, and similar, provided, however, that prior to entering any of the PARTIES FACILITIES, the CITY shall provide seventy-two (72) hours advance written notice of entry to the applicable PARTY, or in the cases where seventy-two (72) hours' advance written notice is not possible, such as in cases of unforeseen wet weather, CITY or its contractor shall provide written notice to the applicable PARTY as early as reasonably possible. LACFCD, being a member of this MOA, agrees to provide the CITY or its contractor a "no-fee"Access Permit to its FACILITIES. This Access Permit does not cover any fees that may be required for Construction Permits for the installation of permanent monitoring equipment. The CITY shall secure any required necessary permits prior to entry. a Each PARTY agrees that due to certain monitoring activities, such as toxicity testing, the total cost of this MOA is not inclusive of those activities that may be required to successfully complete the analyses. Thus, the PARTIES agree to fund the required additional work when the CITY notifies them that the activity has taken place. The PARTIES agree to pay the CITY (through the SGVCOG) for their proportional share of these additional expenditures at an amount not to exceed their proportional annual cost plus the ten percent (10%) contingency as shown in Page 7 of 58 Exhibit A. No PARTY will be obligated to pay for additional expenditures which exceed this amount absent an amendment to this MOA. d. Reporting. The CITY shall distribute the semi-annual and annual reports to the PARTIES fifteen (15) business days prior to its intended date of submittal to the Regional Board. The PARTIES may review the reports and submitted comments to the CITY prior to its submittal to the Regional Board. The CITY has control of the submittal but shall discuss the PARTIES'comments as they apply to the report. Section 10. Indemnification a. Each PARTY and the SGVCOG 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 MOA; 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 said Code), each of the PARTIES hereto, pursuant to the authorization contained in Section 895.4 and 895.6 of said 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 MOA 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 indemnifies, defends, and holds harmless each other PARTY for any liability, cost, or expense that may be imposed upon such other PARTY solely by virtue of said Section 895.2. The provisions of Section 2778 of the California Civil Code are made a part hereof as if incorporated herein. Section 11. Termination a. Any PARTY including the SGVCOG may withdraw from this MOA for any reason, in whole or part, by giving the other PARTIES and the Regional Board thirty (30) days written notice thereof. Withdrawing PARTIES shall remain wholly responsible for their share of the costs of MONITORING SERVICES and EWMP-RELATED TASKS for the extent of the effective term of this MOA. Each PARTY shall also be responsible for the payment of its own fines, penalties or costs incurred as a result of the non-performance of the CIMP and/or EWMP. Upon withdrawal by the Page 8 of 58 SGVCOG, the PARTIES shall meet and confer to designate an alternate organization to accept the SGVCOG's responsibilities under this MOA. b. The SGVCOG shall notify in writing all PARTIES within fourteen (14) days of receiving written notice from any PARTY that intends to terminate this MOA. c. If a PARTY fails to comply with any of the terms or conditions of this MOA, that PARTY shall forfeit its rights to the work completed through this MOA, 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. d. EQUIPMENT Ownership - Devices such as, automatic sampling stations inclusive of a cabinet, sampling equipment, ancillary devices, power supplies (EQUIPMENT) may be installed to implement the CIMP. Any PARTY voluntarily terminating membership will not be entitled to a refund for the portion of the share paid to acquire and to operate the EQUIPMENT nor for the remaining value of the EQUIPMENT, if any. The operational life of such EQUIPMENT is approximately seven years, and after which it may be obsolete or may require major remodel or replacement of electrical and mechanical components costing equivalent to a purchase of a new EQUIPMENT. The remaining PARTIES agree to own, operate and maintain and or replace the EQUIPMENT. Section 12. General Provisions a. Notices. Any notices, bills, invoices, or reports relating to this MOA, 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 and/or SGVCOG at the addresses set forth in Exhibit D attached hereto and incorporated herein by reference. PARTIES and SGVCOG shall promptly notify each other of any change of contact information, including personnel changes, provided in Exhibit D. 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 D. b. Administration. For the purposes of this MOA, the PARTIES and SGVCOG hereby designate as their respective representatives the persons named in Exhibit D. The designated representatives, or their respective designees, shall administer the terms and conditions of this MOA on behalf of their respective entities. Each of the persons signing below on behalf of a PARTY or the SGVCOG represents and warrants that he or she is authorized to sign this MOA on behalf of such entity. Page 9 of 58 c. Relationship of the Parties. The parties to this MOA are, and shall at all times remain as to each other, wholly independent entities. No party to this MOA shall have power to incur any debt, obligation, or liability on behalf of any other party unless expressly provided to the contrary by this MOA. 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 MOA shall be binding upon, and shall be to the benefit of the respective successors, heirs, and assigns of each party to this MOA; provided, however, no party may assign its respective rights or obligations under this MOA without the prior written consent of the other parties. e. Amendment. The terms and provisions of this MOA may not be amended, modified, or waived, except by an instrument in writing signed by all non-delinquent PARTIES and the SGVCOG. Such amendments may be executed by those individuals listed in Exhibit D or by a responsible individual as determined by each PARTY. f. Law to Govern. This MOA is governed by, interpreted under, and construed and enforced in accordance with the laws of the State of California. In the event of litigation related to this MOA, venue in the state trial courts shall lie exclusively in the County of Los Angeles. g. No Presumption in Drafting. The parties to this MOA agree that the general rule that an MOA is to be interpreted against the party drafting it, or causing it to be prepared shall not apply. h. Severability. If any provision of this MOA shall be determined by any court to be invalid, illegal, or unenforceable to any extent,then the remainder of this MOA shall not be affected, and this MOA shall be construed as if the invalid, illegal, or unenforceable provision had never been contained in this MOA. i. Entire Agreement. This MOA constitutes the entire agreement of the parties to this MOA with respect to the subject matter hereof. j. Waiver. Waiver by any party to this MOA of any term, condition, or covenant of this MOA shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party to this MOA of any breach of the provisions of this MOA shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this MOA. k. Counterparts. This MOA 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 Page 10 of 58 and the same instrument, provided, however, that such counterparts shall have been delivered to all parties to this MOA. I. All parties to this MOA have been represented by counsel in the preparation and negotiation of this MOA. Accordingly, this MOA shall be construed according to its fair language. Any ambiguities shall be resolved in a collaborative manner by the PARTIES and SGVCOG and shall be rectified by amending this MOA as described in Section 12(e). IN WITNESS WHEREOF, the PARTIES and SGVCOG hereto have caused this MOA to be executed by their duly authorized representatives and affixed as of the date of signature of the PARTIES: Page 11 of 58 COUNTY OF LOS ANGELES By Mark Pestrella, Director of Public Works Date APPROVED AS TO FORM: Mary C. Wickham County Counsel By Deputy Date Page 12 of 58 LOS ANGELES COUNTY FLOOD CONTROL DISTRICT By: Mark Pestrella, Chief Engineer Date APPROVED AS TO FORM: Mary C. Wickham County Counsel By: Deputy Date Page 13 of 58 CITY OF ALHAMBRA By Stephen Sham Date Mayor APPROVED AS TO CONTENT: By Lauren Myles City Clerk APPROVED AS TO FORM: By Joseph M. Montes, Esq. City Attorney Page 14 of 58 CITY OF LOS ANGELES Date: By: Kevin James, President Board of Public Works ATTEST: Holly Wolcott Interim City Clerk APPROVED AS TO FORM: Michael N. Feuer City Attorney By: Adena M. Hopenstand Deputy City Attorney Page 15 of 58 THE CITY OF BURBANK Dated: CITY OF BURBANK By Will Rogers, Mayor ATTEST: Zizette Mullins, CMC, City Clerk APPROVED AS TO FORM: Joseph H. McDougall, Senior Assistant City Attorney Page 16 of 58 CITY OF CALABASAS Dated: CITY OF CALABASAS By Fred Gaines, Mayor ATTEST: Maricela Hernandez, City Clerk APPROVED AS TO FORM: Scott Howard, Interim City Attorney Page 17 of 58 CITY OF GLENDALE Dated: CITY OF GLENDALE By Vartan Gharpetian, Mayor ATTEST: Yasmin K. Beers, City Manager APPROVED AS TO FORM: Michael Garcia, City Attorney Page 18 of 58 CITY OF HIDDEN HILLS Dated: CITY OF HIDDEN HILLS By Stuart E. Siegel, Mayor ATTEST: Kerry Kallman, City Manager APPROVED AS TO FORM: Roxanne M. Diaz, City Attorney Page 19 of 58 CITY OF LA CANADA FLINTRIDGE Dated: CITY OF LA CANADA FLINTRIDGE By Dave Spence, Mayor ATTEST: Mark R. Alexander, City Manager APPROVED AS TO FORM: Mark Steres, City Attorney Page 20 of 58 CITY OF MONTEBELLO Dated: CITY OF MONTEBELLO By Vanessa Delgado, Mayor ATTEST: Irma-Bernal Barajas, City Clerk APPROVED AS TO FORM: Chris Cardinale, City Attorney Page 21 of 58 CITY OF MONTEREY PARK Date: By: Paul Talbot, City Manager ATTEST: By: Vincent D. Chang, City Clerk APPROVED AS TO FORM: By: Karl H. Berger, Assistant City Attorney Page 22 of 58 CITY OF PASADENA Dated: CITY OF PASADENA By Steve Mermell, City Manager ATTEST: Mark Jomsky, City Clerk APPROVED AS TO FORM: Brad L. Fuller, Assistant City Attorney Page 23 of 58 CITY OF ROSEMEAD Dated: CITY OF ROSEMEAD By Gloria Molleda, City Manager ATTEST: Ericka Hernandez, City Clerk APPROVED AS TO FORM: Rachel H. Richman, City Attorney Burke, Williams & Sorensen, LLP Page 24 of 58 CITY OF SAN FERNANDO Dated: CITY OF SAN FERNANDO By Sylvia Bailin, Mayor ATTEST: Elena G. Chavez, City Clerk APPROVED AS TO FORM: Rick R. Olivarez, City Attorney Page 25 of 58 CITY OF SAN GABRIEL Dated: CITY OF SAN GABRIEL By Steven A. Preston, City Manager ATTEST: Julie Nguyen, City Clerk APPROVED AS TO FORM: Keith Lemieux, City Attorney Page 26 of 58 CITY OF SAN MARINO Dated: CITY OF SAN MARINO By Steve Talt, Mayor ATTEST: Marcella Marlowe, City Manager APPROVED AS TO FORM: Steven Flower, City Attorney Page 27 of 58 CITY OF SOUTH EL MONTE Dated: CITY OF SOUTH EL MONTE By [INSERT NAME], City Manager ATTEST: [insert name], City Clerk APPROVED AS TO FORM: [insert name], City Attorney Page 28 of 58 CITY OF SOUTH PASADENA Dated: CITY OF SOUTH PASADENA By Stephanie DeWolfe, City Manager ATTEST: Evelyn G. Zneimer, City Clerk APPROVED AS TO FORM: Teresa L. Highsmith, City Attorney Page 29 of 58 CITY OF THE TEMPLE CITY Date: CITY OF TEMPLE CITY By Cynthia Sternquist, Mayor ATTEST: Peggy Kuo, City Clerk APPROVED AS TO FORM: Eric S. Vail, City Attorney Page 30 of 58 SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS Date: By: Marisa Creter, Interim Executive Director APPROVED AS TO FORM: By: Richard D. Jones Counsel for the SGVCOG Page 31 of 58 EXHIBIT A Upper Los Angeles River Enhanced Watershed Management Area CIMP Implementation 1 Table 1. Exhibit A Distribution of Total Estimated Cost for Implementing the ULAR CIMP. Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Ye Agency 18-19 19-20 20-21 21-22 22-23 LACFCD $41,269 $57,360 $34,536 $34,556 $51 City of Los Angeles $448,136 $637,212 $373445 $373,145 $580 County of Los Angeles $110,198 $132,588 $94,952 $95,161 $116 City of Alhambra $11,184 $10,053 $10,053 $1Q053 $10 City of Burbank $25,406 $42,837 $22,837 $22,837 $54 City of Calabasas $23,640 $70,648 $8,245 $8,245 $8 City of Glendale $44,852 $71,702 $40,317 $40,317 $88 City of Hidden Hills $5,496 $15,915 $1,978 $1,978 $1 City of La Canada Flintridge $12,673 $14,057 $11,392 $11,392 $15 City of Montebello $12,265 $11,025 $11,025 $11,025 $11 City of Monterey Park $11,338 $10,192 $10,192 $10,192 $10 City of Pasadena $33,902 $3Q693 $30,474 $30,474 $30 City of Rosemead $7,581 $6,815 $6,815 $6,815 $6 City of San Fernando $3,475 $4,623 $3,124 $3,124 $5 City of San Gabriel $6,056 $5,444 $5,444 $5,444 $5. City of San Marino $5,518 $4,960 $4,960 $4,960 $4 City of South El Monte $11,484 $11,271 $11,431 $11,594 $11 City of South Pasadena $5,006 $4,500 $4,500 $4,500 $4 City of Temple City $5,900 $5,303 $5,303 $5,303 $5 Page 32 of 58 N in cro _ !06 ! ; ® r § „ W .4 - 01 Li p NI \ e0 § !t_ § § # 4 }; !} st o 0 } ) § } ) \ } f ) \ \ \ ) } \ 'N Lei ( \ ( \ 01 ! « \ 4 # ¥ LA oo4-r o . o o \ \ } § } ) / \ f 6666 ) } } § } .20 ) 0 ) 0 ) \ IN, 0 § • ! ! ` 4 < tN. 1 N ! ! a \ / § o au ur F IN 0E' 0000004003010 m LE an / iii } \ / \/ } \{ nlo } } co: c mOc } ! � ! 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U R F L m mcc55Ev JJm U6 m 0 0 E -1E 2 oNN r 1- EXHIBIT D Upper Los Angeles River EWMP/CIMP Responsible Agencies Representatives and SGVCOG Contact AYMNF►"'� - fia City of Los Angeles Shahram Kharaghani Department of Public Works E-mail:Shahram.Kharaghani@Lacity.org Bureau of Sanitation,Watershed Protection Division Phone: (213)485-0587 1149 S. Broadway Fax: (213)485-3939 Los Angeles,CA 90015 County of Los Angeles Paul Alva Department of Public Works E-mail: PALVA@dpw.lacounty.gov Stormwater Quality Division, 11Th Floor Phone: (626)458-4325 900 South Fremont Avenue Fax: (626)457-1526 Alhambra,CA 91803-1331 Los Angeles County Flood Control District Paul Alva Department of Public Works E-mail: PALVA@dpw.lacounty.gov Stormwater Quality Division, 11th Floor Phone: (626)458-4325 900 South Fremont Avenue Fax: (626)457-1526 Alhambra,CA 91803-1331 City of Alhambra David Dolphin 11 South First Street E-mail: DDOLPHIN®cityotalhambra.org Alhambra, XA 91801-3796 Phone: (626)300-1571 Fax: City of Burbank Alvin Cruz P.O. Box 6459 E-mail:ACruz @ burbankca.gov Burbank,CA 91510 Phone: (818)238-3941 Fax: City of Calabasas Alex Farassati 100 Civic Center Way E-mail: afarassati@cityofcalabasas.com Calabasas, CA 91302-3172 Phone: (818)224-1600 Fax: (818)225-7338 City of Glendale Chris Chew Engineering Section,633 East Broadway, Room 205 E-mail:cchew@ glendaleca.gov Glendale, CA 91206-4308 Phone: (818)548-3945 Fax: (818)242-7087 City at Hidden Hills Joe Bellomo 6165 Spring Valley Road Ibellomotewilldan.cam Phone: Hidden Hills, CA 91302 (805)279-6856 City of La Canada Flintridge 1327 Hoon Hahn Foothill Blvd. E-mail: hhahn@lcf.ca.gov La Canada Flintridge, CA 91011-2137 Phone:818-790-8882 Fax:818-70-8897 Page 54 of 58 EXHIBIT D Upper Los Angeles River EWMP/CIMP Responsible Agencies Representatives and SGVCOG Contact City of Montebello Norma Salinas 1600 W Beverly Blvd E-mail: Nsalinas@cityefmontebello.com Montebello, CA 90640 Phone: 323-887-1365 Fax:323-887-1410 Eric Woosley E-mail: ewoosley@infrastructure-engineers.com Phone:714-940-0100 Ext 5226 City of Monterey Park Bonnie Tam 320 West Newmark Avenue E-mail: btam@montereypark.ca.gov Monterey Park,CA 91754-2896 Phone: (826)307-1383 City of Pasadena Sean Singletary P.O. Box 7115 E-mail: ssingletary@cityofpasadena.net Pasadena, CA 91109-7215 Phone: (626) 744-4273 Fax: City of Rosemead, Rafael Fajardo 8838 East Valley Blvd. E-mail: rfajardo@cityofrosemead.org Rosemead, CA 91770-1787 Phone: (626)569-2107 Curtis Cannon E-mail:ccannon@cityofrosemead.org Phone: (626)569-2107 City of San Fernando Joe Bellomo 117 Macneil Street Email:jbellomo@willdan.com San Fernando,CA 91340 Phone: (805)279-6856 City of San Gabriel Daren Grilley 425 South Mission Avenue E-mail: dorilley@sgch.orq San Gabriel,CA 91775 Phone: Fax: Patty Pena ppena sgch.org Phone:(626)308-2825 City of San Marino Kevin Sales 2200 Huntington Drive E-mail: kjserv@aol.com San Marino, CA 91108-2691 Phone: Fax: City of South El Monte Manuel Mancha 1415 Santa Anita Ave. E-mail:mmancha@soelmonte.org South El Monte, CA 91733 Phone: (626)579-6540 Fax: (626)579-2409 Page 55 of 58 City of South Pasadena Paul Toor 1414 Mission Street E-mail:ptoor@southpasadenaca.00v South Pasadena, CA 91020-3298 Phone:f626)403-7246 City of Temple City Andrew Coyne 9701 Las Tunas Drive E-mail: acoyne@templecity.us Temple City, CA 9178 Phone: (626)285-2171 Ext.4344 San Gabriel Valley Council of Governments Marisa Creter 1000 S. Fremont Ave. Unit 42 E-mail: mcreter@sgvcog.org Bldg A10-N, Suite 10210 Phone: (626)457-1800 Alhambra, CA 9180 Fax: (626)457-1285 Page 56 of 58 Page 57 of 58 EXHIBIT E Upper Los Angeles River Enhanced Watershed Management Area 33 ,. . a rtkre•ST.4 -441. r ' - . a S Sajrfi r' 4 _ oaf ^ 3'44 a d n ' d.: '.. • ° rte ` :°y 'n d°v.r �oc,r rjsr ' 5'5 ewe1. `'` '2353929.81 #40""14 1 ;ARr .z4e, :riF l ,. ,..: !p AyS' . "ea't e+`a�. • t sae IL I lb- in los AppeleWatershed group ponldpulkrp M rrm 8141.114rNO Op A9e^eY Areaacre Percent Area rl [_____reel mmC404p • Alhambra 4338.31 138% r eurbank 11.095]0 ]se% r Calabasas 500568 129% wlu3 Coy or W Angeles 18288.00 5853% '• Glendale 19,58].50 6.32% tr ilor Hidden Him 961 03 0 31% La Ganda rr no-mge 5534 46 325% 1m M6Mee coolly 41.04847 1373% Montebello ,356.38 r Park 1,951.51 160% Padded, Rosemead 5310 87 107% San Fernando 1G17 64 049% ncabnei 2.64481 085% LEGEND Zan Marino x21954 0.78% Les Angeles River South n Monte x,594.16 051% eu 3.]86.x0 0]Ix .l Upper Lm Angeles U(perLA Watershed Group mpleOry ma 2576 50 0.e% r-..-x NAtershed Boundary Participating in lbs EWMP V[YCD - - Flood ConVCS Upper LA VVatersted Agencies not Group Total 389,357.33 max District Territory Parpripatng in this EWMP Upper Los Angeles River Watershed N EWMP Agencies EAU OF SAR17.0109 Wales% ZALDIVAR _.__. +.Ree Hwr III© $ piquing �"1 DAT catioTED 4.......4 VJ _.va,,w... HHBv CHECKED BY "Sla ',me sehTer fa thilrdbon or rem.VD minis 1115 n..e amnYcv Rod emwmns+ecde cowsMoru* FROTEClION Page 58 of 58 S E M\ cat � c 'oRron.W.d Attachment B Letter to the City of Los Angeles (City of Rosemead Participation in the Coordinated Integrated Monitoring Program and Enhanced Watershed Management Plan) M 1,Olt City of W p emeaW sI‘ N NOR PRO TEM:M ARGCI ARF _ 183N26T11. l Ai.I.I11fOI.1 Fb 4 RI)P.O BOX 39Y ((11 A(II.MI MHFR%: EI RU1AD IALL]OR,11A9P'G N .m,AI yR(O> 1111 IOW.I fi26)•69=TUU AVnad..R NJ N: IAN i b2b13Ii7-)2 IS POI Inu May 8, 2018 Mr. Alfredo Magallanes, PE Assistant Division Manager Watershed Protection Program Bureau of Sanitation City of Los Angeles 1149 S Broadway Avenue, 1091 floor Los Angeles, CA 90065 Dear Mr. Magallanes: In executing the attached Memorandum of Agreement(MOA)for administration and cost sharing of implementing the Coordinated Integrated Program (CIMP), the City of Rosemead wishes to clarify that based on the current issues listed below,which are pending resolution,the City reserves its right to exit the program as well as participation in the Upper Los Angeles Enhanced Watershed Management Plan(EWMP). The City would like to emphasis that executing this MOA in no way endorses the plan. Mayor Pro Tem Margaret Clark made it very clear during a meeting with the Regional Board staff, including Chair Irma Munoz, held at Rosemead City Hall on June 26, 2017, that the Rosemead City Council has many concerns with the ULAR EWMP. The Chair and staff made it clear that the City has the option to exit and come up with an alternative plan. Mayor Pro .Pem Margaret Clark made it clear that a major concern particular to Rosemead is that the plan puts the City in the wrong reach of the Rio I Tondo River; Rosemead drains to Reach 2 of the Rio Hondo River. Along with the City's ongoing concern of the exorbitant cost of implementation,four current issues are: 1. The City of Gardena case,to which the City of Rosemead is a party in interest,could result in voiding the MS4 permit and EWMPs. This case could be decided as early as June. 2. The State Audit of the permit stated that the State Water Resources Control Board did not adequately consider costs of implementation and did not exercise due diligence in mandating certain TMDLs. The Audit states: "The regional boards have developed the pollutant control plans without obtaining sufficient information on the water bodies they are regulating to tailor those plans adequately." May 8, 2018 Page 2 3. The metals TMDL for Reach 2 of the Rio Hondo River was recently eliminated. It accounts for approximately 70%to 80%of TMDL compliance costs. 4. The Regional Board's legal counsel stated in court that if a City cannot afford to pay EWMP compliance costs they can apply for an extension. For these reasons, the City of Rosemead reserves its rights to exit the CIMP and EWMP at any time. If you have any questions. please feel free to contact Rosemead's City Manager, Gloria Molleda, at(626) 569-2106 or via email at gmolleda@cityofrosemead.org. On behalf of the Rosemead City Council, Steven Ly Mayor cc: Rosemead City Council Gloria Molleda, City Manager Greg Tsujiuchi, Assistant City Manager Michelle Ramirez, Director of Public Works Dawn Petschauer, Water Biologist III