CC - Item 5E - Memorandum of Agreement for the Coordinated Integrated Monitoring Program and Watershed Management Plan for the Upper Los Angeles River Watershed Management AreaROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: BEN KIM, CITY MANAGER
DATE: JULY 23, 2024
SUBJECT: MEMORANDUM OF AGREEMENT FOR THE COORDINATED
INTEGRATED MONITORING PROGRAM AND WATERSHED
MANAGEMENT PLAN FOR THE UPPER LOS ANGELES RIVER
WATERSHED MANAGEMENT AREA
BACKGROUND
On August 5, 2015, the Regional Board approved the Upper Los Angeles River (ULAR)
Watershed Management Plan (WMP) and Coordinated Integrated Monitoring Plan (CIMP).
During the Regional Board approval process the ULAR WMP group had developed a
Memorandum of Agreement (MOA) to administer and establish a cost share for the
implementation of the CIMP. On May 8, 2018, the Council approved an MOA to maintain the
City's participation in the ULAR WMP group for CIMP monitoring and reporting services for a
five-year period beginning July 1, 2018, through June 30, 2023. Following a reconciliation process
for the ULAR WMG's MOA from 2018-2023, it was determined that the budget had been
exceeded. The City's proportional amount that was overrun and is due is $13,710.16. To reconcile
the financial overage, an MOA was prepared and provided to all participating jurisdictions. It is
recommended that the City Council authorize the ULAR MOA to cover the City's proportional
amount that is over the authorized contract amount.
DISCUSSION
The scope of work for the CIMP includes installation, maintenance, and monitoring of sampling
sites to determine levels of contamination of storm water discharges into the watershed area. The
scope of work for the WMP includes reporting and compliance planning to meet requirements of
the MS4 Permit. The cost for the city to undertake the monitoring and reporting efforts alone would
be much higher than the joint effort with other jurisdictions. Each jurisdiction's cost share is based
on the percentage of land area that discharges into the ULAR Watershed Management Area;
Rosemead's share of the cost is 1.07% of total costs. Rosemead's total estimated cost for
participation in the ULAR WMP group for 2018-2023 was an estimated $54,813.
AGENDA ITEM 5.E
City Council Meeting
July 23, 2024
Page 2 of 3
The reason for the MOA overage is that while the Watershed Management Plan (WMP) activities
were under budget, the Coordinated Integrated Monitoring Program (CIMP) activities ended up
costing more than originally scoped. The main reasons that the monitoring activities cost more
than expected were due to:
• The construction and installation of 12 automated sampling stations to implement CIMP
wet -weather monitoring activities at Upper LA River Stormwater Outfall sites. These
amosampler stations were originally included in the Scope of Work in the previous 2015
- 2018 MOA, however construction was delayed due to permitting issues and the stations
were not built until the 2018 - 2023 MOA term. ULAR WMG agencies were reimbursed
a total of $1,222,422 under the previous CIMP reconciliation, and the delayed
construction of the stations represented the majority of those savings.
• Numerous "false start" storm events that required staff time, consultant time, and
equipment preparations over wet weather periods.
• Unprecedented levels of economic inflation over the term of this MOA period impacting
costs for staffing, contractors, equipment, and consumables.
• Several monitoring stations experienced acts of vandalism to varying degrees over the
MOA tern. These stations have been rebuilt and fortified to the extent possible (with the
exception of the Compton Creek SWO site) but require the use of staff, consultant time
and replacement equipment.
STAFF RECOMMENDATION
It is recommended that the City Council authorize the City Manager to execute the amendment to
the Memorandum of Agreement for the Upper Los Angeles River Watershed Management Area
for Fiscal Years 2018-2023.
FINANCIAL IMPACT
The City's proportional amount that is overdue is $13,710.16. The Public Works FY 23-24 budget
included sufficient Safe Clean Water Program funding to cover the cost of the contract services
performed within the previous fiscal year.
ENVIRONMENTAL REVIEW
None.
STRATEGIC PLAN IMPACT
None.
City Council Meeting
July 23, 2024
Page 3 of 3
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by:
:12tRICI (Iiz
Danielle Garcia
Public Works Fiscal and Project Manager
Submitted by:
6v-
Noya Wang
Director of Public Works
Attachment A: ULAR Overage MOA
Attachment A
Upper Los Angeles River (ULAR) Watershed
Management Plan Overage MOU
MEMORANDUM OF AGREEMENT
BETWEEN THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS
AND THE CITY OF ROSEMEAD
This Memorandum of Agreement ("MOA") is made and entered into as of the date of execution
set forth below by and between the City of Rosemead, a municipal corporation ("City"), and the San
Gabriel Valley Council of Governments, a California joint powers authority ("SGVCOG"). City and
SGVCOG may be referred to herein collectively as the "Parties" or individually as a "Party."
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 Code of Federal
Regulations (CFR) section 122.26(b)(4) and a major facility pursuant to 40 CFR section 122.2; and
WHEREAS, the 2012 MS4 Permit became effective on December 28, 2012, and required that the Los
Angeles County Flood Control District (LACFCD), the County of Los Angeles (COUNTY), and 84 of
the 88 cities within the County comply with its prescribed elements; and
WHEREAS, the 2021 MS4 Permit became effective on September 11, 2021, superseding the 2012 MS4
Permit, and requires the COUNTY, LACFCD, 85 cities within the coastal watersheds of Los Angeles
County, the Ventura County Watershed Protection District, the County of Ventura, and 10 cities within
Ventura County to comply with its prescribed elements; and
WHEREAS, the MS4 Permit identifies the City as an MS4 permittee responsible for compliance with the
Permit's requirements pertaining to the City's jurisdictional area in the Upper Los Angeles River
Watershed Management Area; and
WHEREAS, the cities of Alhambra, Burbank, Calabasas, Glendale, Hidden Hills, La Canada Flintridge,
Los Angeles, Montebello, Monterey Park, Pasadena, Rosemead, San Fernando, San Gabriel, San Marino,
South El Monte, South Pasadena, and Temple City and LACFCD and the COUNTY formed the Upper
Los Angeles River Watershed Management Group (ULAR WMG) to collaborate on the Watershed
Management Program (WMP) and the Coordinated Integrated Monitoring Program (CIMP) in accordance
with the MS4 Permit, with the City of Los Angeles serving as the ULAR WMG lead agency; and
WHEREAS, the ULAR WMG agencies executed an agreement to collaborate on the development of a
WMP and a CIMP in accordance with the MS4 Permit for a portion of the Upper Los Angeles River
Watershed Management Area to comply with all applicable monitoring requirements of the MS4 Permit
(the "ULAR WMG MOA"); and
WHEREAS, the ULAR WMG agencies agreed to cooperatively share and fully fund the costs of the
implementation of the CIMP and WMP and agreed to have the SGVCOG invoice and collect funds from
each of the ULAR WMG agencies to cover the costs of implementation; and
WHEREAS, per Section 8.c. of the ULAR WMG MOA, if the City of Los Angeles incurred costs greater
than the contract estimates contained in Exhibit A of the ULAR WMG MOA, the ULAR WMG agencies
agreed to pay the City of Los Angeles (through SGVCOG) for their proportional share of the additional
expenditures at an amount not to exceed ten percent (10%) of their proportional annual cost; and
WHEREAS, the City's proportional share of the additional expenditures exceeds ten percent, and any
costs which exceed this ten percent (10%) contingency required an amendment to the ULAR WMG MOA.
The ULAR WMG MOA expired on June 30, 2023, and the SGVCOG and the ULAR WMG agencies were
unable to amend the ULAR WMG MOA before its expiration due to the reconciliation process; and
WHEREAS, the SGVCOG will be entering into new agreements with ULAR WMG agencies that incurred
costs which exceed their ten percent (10%) contingency; and
NOW, THEREFORE, the SGVCOG and City desire to enter into a new agreement in which the SGVCOG
will invoice the City for its proportional share of the additional expenditures and agree as follows:
I. RECITALS:
The above Recitals are made a substantive part of this MOA.
II. TERM:
The tern of this MOA shall become effective upon execution by both Parties and shall continue until the
City's payment of the invoice per Section III.
IIl. INVOICING AND PAYMENT:
The SGVCOG will invoice the City in an amount not exceeding $13,710.16. The City shall pay the invoice
within sixty (60) days of receipt of the invoice from the SGVCOG.
IV. NOTICES/INVOCES:
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 City and/or SGVCOG at the respective addresses set forth in Exhibit A attached
hereto and incorporated herein by reference. The City and SGVCOG shall promptly notify each other of
any change of contact information, including personnel changes, provided in Exhibit A. 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 A.
[Signature page to follow.]
IN WITNESS WHEREOF, the City 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:
FOR THE CITY OF ROSEMEAD:
By:
XX
City Manager
Date:
APPROVED AS TO FORM:
XX
City Attorney
FOR THE SAN GABRIEL VALLEY
COUNCIL OF GOVERNMENTS:
By:
Marisa Creter
Executive Director
Date:
APPROVED AS TO FORM:
David DeBerry
General Counsel
EXHIBIT "A"
ULAR WMG Aeency Representatives
[Behind this page.]
Upper Los Angeles River Watershed Management Area Agency Representatives
Agency Address
Agency Contact
City of Los Angeles Department of Public Works
Alfredo Magallanes
Bureau of Sanitation, Watershed Protection Division
E-mail: alfredo.magallanes@lacity.org
1149 S. Broadway
Phone: (213) 485-3958
Los Angeles, CA 90015
County of Los Angeles Department of Public Works
Mark Lombos
Stormwater Quality Division, Building A-9 East, I"
E-mail: mlombos!d_dpw.lacounty.gov
Floor 1000 South Fremont Avenue
Phone: (626) 300-4665
Alhambra, CA 91803
Los Angeles County Flood Control District Department
of Public Works
Jalaine Verdiner
Stotmwater Quality Division, Building A-9 East, I"
E-mail: jquintr@dpw.lacounty.gov
Floor 1000 South Fremont Avenue
Phone: (626) 300-4666
Alhambra, CA 91803
City of Alhambra
David Dolphin
1 I 1 South First Street
E-mail: DDOLPHIN@cityofalhambra.org
Alhambra- CA 91801-3796
Phone: (626) 300-1571
City of Burbank
Stephela'ker
P.O. Box 6459
E-maialker,^d_,burbankca.govBurbank,
CA 91510
Phone8) 238-3804
City of Calabasas
Tatiana Holden
100 Civic Center Way
E-mail: tholdenocityofcalabasas.com
Calabasas, CA 91302-3172
Phone: (818) 224-1600
Glendale
Maurice Oillataguerre
ring Section
E-mail: moillataguerre a glendaleca.gov
t Broadway, Room 209 Glendale, CA 91206-
phone: (818) 550-4511
Hidden Hills
Joe Bellomo
ring Valley Road
RLaCmnadaFlintridge.
E-mail:jbellomo@willdan.com
Hills, CA 91302
Phone: (805) 279-6856
La Canada Flintridge
Patrick DeChellis
oothill Blvd.
E-mail: pdechellisi a lcfca.gov
ada Flintridge, CA 91011-2137
Phone: (818) 790-8882
James A. Enriquez
E-mail: jenriquez@cityofmontebello.com
City of Montebello
Phone: 323-887-1200
1600 W Beverly Blvd
Montebello, CA 90640
Rita Montalvo
E-mail: rmontalvo a cityofmontebello.com
Phone: 323-887-1200 Ext 469
City of Monterey Park
Xochitl Tipan
E-mail: xtipan(�montereypark.ca.gov
320 West Newmark Avenue
Monterey Park, CA 91754-2896
Phone: (626) 307-1383
City of Pasadena
Dawn Petschauer
100 N Garfield Ave
E-mail: dpetschauerQcityofpasadena.net
Pasadena. CA 91101-1726
Phone: (626) 744-3929
Noya Wang
E-mail: nwang@cityofrosemead.org
City of Rosemead
Phone: (626) 569-2150
8838 East Valley Blvd.
Rosemead, CA 91770-1787
Albert Leung
E-mail: aleungnacityofrosemead.org
Phone: (626) 569-2100
City of San Fernando
Kenneth Jones
117 Macneil Street
Email kjones a sfcity.org
San Fernando, CA 91340
Phone: (818) 898-1240
Greg De Vinck
E-mail: gdevinck Casgch.org
City of San Gabriel
Phone: (626) 308 - 2825
425 South Mission Avenue
San Gabriel, CA 91775
Capucine Hernandez
E-mail: chemandez(sgch.org
Phone: (626) 308-2825
City of San Marino
Amber Shah
2200 Huntington Drive
E-mail: ashahncityofsanmarino.org
San Marino, CA 91108-2691
Phone: (626) 300 - 0787
Rene Salas
City of South EI Monte
E-mail: rsalasoa soelmonte.org
1415 Santa Anita Ave.
Phone: (626) 579-6540
South EI Monte, CA 91733
Fax: (626)579-2409
City of South Pasadena
Ted Gerber
1414 Mission Street
E-mail: tgerber@southpmadenaca.gov
South Pasadena, CA 91020-3298
Phone: (626) 403-7240
City of Temple City
Andrew Coyne
9701 Las Tunas Drive
E-mail: acoyne(a templecity.us
Temple City, CA 9178
Phone: (626) 285-2171 Ext. 4344
San Gabriel Valley Council of Governments
Marisa Creter
1333 Mayflower Avenue, Suite 360
Email: mcreter@sgvcog.org
Monrovia, CA 91016
Phone: (626) 457-1800