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CC - Item 3F - Approval of Amendment Number 1 to the MOA with the Gateway Cities Council of Governments for the Coordinated Monitoring Plan Accordance with teh Los Angeles River Metals TMDLROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER DATE: JANUARY 22, 2013 SUBJECT: APPROVAL OF AMENDMENT NUMBER 1 TO THE MOA WITH THE GATEWAY CITIES COUNCIL OF GOVERNMENTS FOR THE COORDINATED MONITORING PLAN IN ACCORDANCE WITH THE LOS ANGELES RIVER METALS TMDL SUMMARY Under the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit, the City of Rosemead is party to three Total Daily Maximum Loads (TMDLs), including the Los Angeles River Metals TMDL. The LA River Metals TMDL identifies the river as containing metal fragments and requires the removal of this pollutant from the waterway. In 2008, the City, along with 41 other agencies, entered into a Memorandum of Agreement (MOA) with the Gateway Cities Council of Governments (Gateway COG) to complete necessary water quality monitoring in accordance with the TMDL. Over the course of the agreement, the City's financial contribution was $26,357.00 towards these activities. The MOA expired June 30, 2012 and the Gateway COG is asking for an extension through June 2013 to complete the needed baseline monitoring at an additional cost of $2,843.13. After June 2013, impacted cities will be required to begin implementation activities associated with the TMDL. It is expected that another MOA will be developed by the Gateway COG to complete the necessary monitoring activities. Staff Recommendation: It is recommended that the City Council: 1. Approve Amendment Number 1 to the existing Memorandum of Agreement between the Gateway Cities Council of Governments and the City, and; 2. Authorize the City Manager to execute the amendment. ANALYSIS Background Several segments of the Los Angeles River (LAR) and its tributaries were identified on the 1998 and 2002 Clean Water Act (CWA) 303(d) list of impaired water bodies as impaired due to various metals. A TMDL establishes a maximum limit for a specific ITEM NO. 3 F City Council Meeting January 22, 2013 Page 2 of 3 pollutant that can be discharged into a water body without exceeding water quality standards and impairing beneficial uses. Uses most likely to be impacted by metal loadings to the LAR include aquatic life and the water supply. As a result of a 1999 consent decree between three environmental organizations (Heal the Bay, Natural Resources Defense Council (NRDC), and Santa Monica Baykeeper) and the US Environmental Protection Agency (EPA), the LARWQCB was required to abide by a 13 year schedule to develop and implement 33 TMDLs. The consent decree required that the LAR and Tributaries Metals TMDL (LAR Metals TMDL) be implemented by March 22, 2004. This deadline was extended, by mutual consent of the plaintiffs and the EPA, to December 2005. The EPA approved the LAR Metals TMDL as an amendment to the regional Water Quality Control Plan for the Los Angeles Region (Basin Plan) on December 22, 2005 and the TMDL became effective January 11, 2006. As of 2008, the City of Rosemead has been party to a coordinated monitoring plan, in compliance with the implementation of the LA River Metals TMDL, with 41 other agencies. All 42 agencies, which included 39 cities, Cal Trans, and Los Angeles County, entered into Memorandums of Agreement with the Gateway Cities Council of Governments to organize and execute this coordinated monitoring plan. The Council of Governments subsequently entered into an agreement with the City-of Los Angeles to complete the needed water sampling per the coordinated monitoring plan. The LA River Metals TMDL coordinated monitoring plan evaluates the water for metal content at multiple spots along the Los Angeles River. This monitoring work plan also helps to establish baseline information and treatment effectiveness for the removal of metals from the waterway. There are a total of 16 monitoring locations which produce water samples monthly for analysis of metals content. Per the agreement with the Gateway COG, the City of Los Angeles is responsible for the monitoring services, which consist of retrieving'the water samples, laboratory analysis, and reporting of findings. In accordance with the TMDL, these monitoring activities must continue through June 2013. It is anticipated that after June 2013, the implementation of the TMDL will switch from baseline and data collection to compliance monitoring. Should additional monitoring activities need to continue, the Council of Governments will create another MOA aimed at achieving monitoring compliance. FINANCIAL ANALYSIS The City of Rosemead's contribution for the extension of these monitoring activities through June 2013 will be $2,483.13, which is available in the City's budget for NPDES activities. Since the MOA was executed in October 2008, the City's contribution has totaled $26,357.00, which has contributed to the building and maintenance of the monitoring infrastructure, the sampling and analysis activities, and administrative costs. PUBLIC NOTICE PROCESS The item has been noticed through the regular agenda notification process. City Council Meeting January 22, 2013 Page 3 of 3 Prepared By: Submitted By: can Sullivan Management Analyst Chris Marcarello Public Works Director Attachments: A. Amendment Number Ito the MOA with the Gateway Cities Council of Governments B. Scope of Work C. Schedule of Cost for Agency Participation AMENDMENT NUMBER ONE TO THE MEMORANDUM OF AGREEMENT BETWEEN THE GATEWAY CITIES COUNCIL OF GOVERNMENTS AND REGARDING THE ADMINISTRATION AND COST SHARING OF THE COORDINATED MONITORING PLAN FOR THE LOS ANGELES RIVER AND TRIBUTARIES METALS TMDL This Amendment Number One ( "Amendment ") is made this _ day of 2012 by and between the Gateway Cities Council of Governments, a California joint powers authority ( "GCCOG "), and , a California municipal corporation ( "City") (hereinafter "Party" or 'Parties ") with respect to the following: RECITALS WHEREAS, the GCCOG and the City entered into a Memorandum of Agreement regarding the administration and cost sharing of the Coordinated Monitoring Plan for the Los Angeles River and Tributaries Metals TMDL ( "Agreement'); and WHEREAS, the Agreement will expire on June 30, 2012; and WHEREAS, the Coordinated Monitoring Plan Technical Committee has recommended an extension of the Agreement for one year, and WHEREAS, the Los Angeles River TMDL Steering Committee has also recommended an extension of the Agreement for one year; and WHEREAS, Section 15(d) of the Agreement provides that the Agreement may be amended by an instrument in writing signed by the Parties. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties do hereby agree as follows: Section 1. The term of the Agreement is hereby extended through June 30, 2013. Section 2. The scope of work to be performed by the City of Los Angeles pursuant to the Agreement during the extended term under this Amendment is set forth in the revised Exhibit "B" attached hereto. Section 3. The cost allocation for the scope of work in the revised Exhibit B is set forth in the revised Exhibit "C" attached hereto. Section 4. Except as modified or changed herein, all other provisions and terms of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be executed on their behalf, respectively, as follows: FINVO ATTEST: City Clerk City Attorney "MV1M ATTEST: CITY City Official GATEWAY CITIES COUNCIL OF GOVERNMENTS Gene Daniels, President Richard Powers, Secretary Los Angeles River Metals TMDL Coordinated Monitoring Plan Estimated Annual Cost of Monitoring (FY 2012 -2013) Prepared by City of Los Angeles - Watershed Protection Division Field Work: TIER -1 No. Sampling Sites Cost per Site Total Cost per Month Events per Year Annual cost DRY weather sample collection (grab) 13 $ 200.00 $ 2,600.00 6 $ 15,600.00 WET weather sample collection (auto) 5 $ 600.00 $ 3,000.00 6 $ 18,000.00 Autosampler & Flow Meter Maintenance 5 — $ 1,200.00 12 $ 14,400.00 Subtotal $ 48,000.00 Field Work: TIER -II' Annual cost Tier II: Dry Weather Sampling (grab) 1 $ 200.00 1 $ 200.001 6 $ 1,200.00 Tier II: Wet Weather Sampling (grab) 1 3 $ 600.00 1 $ 1,800.00 1 6 $ 10,800.00 Subtotal $ 12,000.00 Laboratory Analysis No. Samples (per yr) Cost Per Sample Annual cost TIER-[ 5,460.00 Autosampler & Flow Meter Servicing and /or Replacement Parts $ EPA 200.8: Total /Dissolved Cu, Pb, Zn, Se, Cd; EPA 200.7: Hardness. ISCO Cellular Modems (new equipment to replace outdated modems; one -time cost)` $ 11,000.00 Includes Field Blanks and Field Duplicates(OA/QC) 132 $ 365.00 $ 48,180.00 TIER -Il 2,100.00 EPA 200.8: Total /Dissolved Cu, Pb, Zn, Se, Cd; EPA 200.7: Hardness 24 $ 365.00 $ 8,760.00 Subtotal $ 56,940.00 Equipment & Supplies Annual Cost Filtration Supplies (for Dissolved metals) $ 5,460.00 Autosampler & Flow Meter Servicing and /or Replacement Parts $ 10,000.00 ISCO Cellular Modems (new equipment to replace outdated modems; one -time cost)` $ 11,000.00 Miscellaneous Consumables $ 1,500.00 Cellular Service Charges (telemetry system) $ 2,100.00 Subtotal $ 30,060.00 Program Management (Data analysis & Management, Reporting, Supervision, and Coordination) Annual Cost TIER -I $ 40,000.00 TIER -II $ 10,000.00 Subtotal $ 50,000.00 Total Annual Cost °'r 1 $ 197,000.00 Footnotes: a If Tier -II activation criteria reset at the beginning of the annual reporting cycle, fewer sampling events will be required. ° This amount is to cover costs to repair /replace sensors, pumps, and other accessories in the event that damage occurs. ` Modems currently use analog cell service. Verizon will be dropping this service in the near future; upgraded modems are necessary for telemetry system to remain operational. If modems are upgraded to the digital platform, the cellular service charges will decrease to $600 /year. e This cost estimate does NOT include TIER -III Source Tracking (per guidance from the Technical Committee). v The Scope -of -Work for the Coordinated Monitoring Plan may be affected by issuance of the new MS4 Stormwater permit. If this occurs, this cost estimate will need to be revised. CMP extension Exhibt B.xls EXHIBIT C Area in Square Miles Distribution Base Rate ($) Allocation on Square Miles ($) Total Rate ($) Alhambra 7.6 0.012258262 1075.00 2,082.07 3,157.07 Arcadia 10.93 0.017629317 1075.00 2,994.34 4,069.34 Bell 2.74 0.004419426 1075.00 750.64 1,825.64 Bell Gardens 2.48 0.004000065 1075.00 679.41 1,754.41 Bradbury 1.4 0.002258101 1075.00 383.54 1,458.54 Burbank 17.35 0.027984322 1075.00 4,753.14 5,828.14 Caltrans 11.24 0.018129325 1075.00 3,079.27 4,154.27 Calabasas 5.58 0.009000145 1075.00 1,528.67 2,603.67 Carson 0.88 0.001419378 1075.00 241.08 1 Commerce 6.56 0.010580816 1075.00 1,797.15 2,872.15 Compton 8.6 0.013871191 1075.00 2,356.02 3,431.02 Cudahy 1.12 0.001806481 1075.00 306.83 1,381.83 Downey 5.66 0.009129180 1075.00 1,550.59 2,625.59 Duarte 2.3 0.003709737 1075.00 630.10 1,705.10 El Monte 6.97 0.011242117 1075.00 1,909.47 2,984.47 Glendale 30.62 0.049387893 1075.00 8,388.53 9,463.53 Hidden Hills 1.57 0.002532299 1075.00 430.11 1,505.11 Huntington Park 3.03 0.004887176 1075.00 830.09 1,905.09 Irwindale 1.89 0.003048436 1075.00 517.78 1,592.78 La Canada Flintridge 8.57 0.013822804 1075.00 2,347.80 3,422.80 Long Beach 16.66 0.026871401 1075.00 4,564.11 5,639.11 City of Los Angeles 281.44 0.453942806 1075.00 77,102.19 78,177.19 Lynwood 4.85 0.007822707 1075.00 1,328.69 2,403.69 Maywood 1.18 0.001903257 1075.00 323.27 1,398.27 Monrovia 10.34 0.016677688 1075.00 2,832.71 3,907.71 Montebello 8.36 0.013484088 1075.00 2,290.27 3,365.27 Monterey Park 7.66 0.012355038 1075.00 2,098.50 3,173.50 Paramount 4.34 0.007000113 1075.00 1,188.97 2,263.97 Pasadena 22.7 0.036613494 1075.00 6,218.80 7,293.80 Pico Rivera 3.12 0.005032339 1075.00 854.74 1,929.74 Rosemead 5.14 0.008290456 1075.00 1,408.13 2,483.13 San Fernando 2.41 0.003887159 1075.00 660.23 1,735.23 San Gabriel 4.12 0.006645268 1075.00 1,128.70 2,203.70 San Marino 3.76 0.006064614 1075.00 1,030.07 2,105.07 Sierra Madre 2.99 0.004822658 1075.00 819.13 1,894.13 Signal Hill 1.13 0.001822610 1075.00 309.57 1,384.57 South El Monte 2.09 0.003371022 1075.00 572.57 1,647.57 South Gate 7.48 0.012064711 1075.00 2,049.19 3,124.19 South Pasadena 3.43 0.005532347 1075.00 939.67 2,014.67 Temple City 4.01 0.006467846 1075.00 1,098.56 2,173.56 Vernon 5.08 0.008193681 1075.00 1,391.70 2,466.70 Unincorporated LA County Areas 80.61 0.130018226 1075.00 22,083.60 23,158.60 Total 1 619.991 1145,150.001 169,850.00 215,000.00