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CC - Item 6C - Participation in the Preparation of An Enhanced Watershed Management ProgramROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER DATE: JUNE 11, 2013 " SUBJECT: PARTICIPATION IN THE PREPARATATION OF AN ENHANCED WATERSHED MANAGEMENT PROGRAM SUMMARY The Los Angeles Regional Water Quality Control Board (LARWQCB) approved and issued an updated National Pollutant Discharge Elimination System ( NPDES) Permit effective December 28, 2012. This NPDES permit is a set of regulations, control measures, and programs aimed at preventing the pollution of storm water and urban runoff within Los Angeles County. Prior to this update in December 2012, the most recent update to the NPDES permit and regulations was in 2001. By comparison, the newly updated permit contains more stringent regulations but encourages and enables a collective approach to the NPDES issue. Included in the newly adopted permit is the creation of Watershed Management Plans, which are comprehensive stormwater mitigation plans that are developed either individually, at a basic level, or at a more advanced level through a consortium of multiple agencies. The City of Rosemead desires to join the Upper Los Angeles River Watershed Group to complete an Enhanced Watershed Management Program, which is a comprehensive approach to addressing the stormwater issue. The group, led by the City of Los Angeles, includes the County of Los Angeles (representing unincorporated areas), the County Flood Control District, fourteen (14) cities, including the City of Rosemead. Such a cooperative effort represents not only the most comprehensive approach to this issue, but would also provide the City with significant cost savings over addressing it alone. Staff Recommendation It is recommended that the City Council: 1. Approve the draft Memorandum of Understanding authorizing the City of Rosemead's participation in the development of an Enhanced Watershed Management Program with the County of Los Angeles and fourteen (14) other cities, and 2. Authorize the City Manager to submit all appropriate paperwork for participation in the program. City Council Meeting June 11, 2013 Paae 2 of 4 DISCUSSION The City of Los Angeles, as the lead agency, is organizing a group of cities and the County of Los Angeles to complete an Enhanced Watershed Management Program in compliance with the NPDES permit that became effective on December 28, 2012. This group is known as the Upper Los Angeles River Watershed Group. An Enhanced Watershed Management Program, as defined by the LARWQCB, is a plan that comprehensively evaluates opportunities, within the program area, for collaboration among Permittees and other partners on multi- benefit regional projects that attempt to retain all non -storm water and storm water runoff. Additionally, the projects will emphasize other benefits such as flood control and water supply replenishment. The defined area for this program includes Los Angeles County Unincorporated Area, Los Angeles County Flood Control District, the City of Los Angeles, the City of Rosemead, and 13 other local cities. The thirteen other the cites are the Cities of Alhambra, Burbank, Calabasas, Glendale, Hidden Hills, La Canada Flintridge, Montebello, Monterey Park, Pasadena, San Gabriel, San Marino, South Pasadena, and Temple City. The completion of the Enhanced Watershed Management Plan has many benefits to the City of Rosemead's efforts for compliance with NPDES regulations. The creation of this collaborative effort enables the City to work collectively with other agencies, rather than individually, on projects that will provide more widespread benefit than the City's individual efforts. Additionally, the completion of an Enhanced Watershed Management Program provides the City with more time to implement the activities and compliance points that are mandated by the updated NPDES permit. The Enhanced Watershed Management Program document is not required to be completed until June 30, 2015, as opposed to a compliance deadline of June 30, 2013 for those agencies who do not participate in an Enhanced Watershed Management Plan. If the City chooses not to participate in the Enhanced Watershed Management Plan, it becomes liable, as of July 1, 2013, for compliance with all provisions of the NPDES permit. Complying with the permit as adopted, as opposed to the participation in the EWMP group, will result in higher expenditures and expose the City to increased liability. The City of Los Angeles, as the lead agency, will complete the procurement process, in accordance with the City of Los Angeles' purchasing policy, of consulting services for development of the enhanced watershed management plan. The City of Los Angeles has an on call services list from which they will select the most responsive bidder to their request for proposals. The cost share agreement will be divided by percentage of area by City. The City of Rosemead represents approximately 1.07% of the project area and as such will bear approximately 1.07% of the cost. The City of Los Angeles, in the RFP process, will include a not to exceed amount of approximately $1.5 million, which is representative of all the total cost estimate for a project of this scope. TIMELINE Should the City Council authorize the City's participation in this program, the following is a list of tentative milestones: City Council Meeting June 11, 2013 Page 3 of 4 • June 14, 2013- The City of Rosemead submits a letter of intent to participate to the City of Los Angeles • June 28, 2013- The City of Los Angeles, on behalf of the group, submits a Notice of Intent to the LARWQCB notifying them of the group's intention to develop an Enhanced Watershed Management Plan • August / September 2013- The City of Los Angeles will receive proposals for consulting services, review proposals, and award consulting contract. • December 1, 2013 — Executed Memorandum of Understanding must be completed with City of Los Angeles • January 2014 — First installment payable to the City of Los Angeles • June 2014 - Final work plan submitted to LARWQCB for approval • July 2014 — Second and final installment payable to the City of Los Angeles • July 2015 — Draft Enhanced Watershed Management Program due to LARWQCB for Approval • January 2016 — Final Enhanced Watershed Management Program document approved by LARWQCB for implementation While the Enhanced Watershed Management Plan is being developed, the City will continue to be responsible for compliance with the Total Maximum Daily Loads and provisions that were included in the NPDES permit that was effective in 2001. Per the NPDES permit of 2001, the City of Rosemead is subject to four TMDLs including Trash, Metals, Bacteria, and Nitrates. At this time, the City is undertaking efforts to comply with the TMDLs as required. Should the City choose not to pursue the Enhanced Watershed Management Program, it would be required to submit a Notice of Intent to the LARWQCB on June 28, 2013 signifying its intent to comply with the permit as adopted. As of July 1, 2013, the City would then be liable for compliance with all terms of the NPDES permit that was effective December 28, 2012. Based on the new requirements contained in the permit, this is not a feasible option. Such an effort would require additional funding and staffing resources. FINANCIAL REVIEW The City of Rosemead's cost to participate in this Enhanced Watershed Program will not exceed $16,801.72 for the two year development of the plan. The payment will be split in half with one half being payable in Fiscal Year 2013 -14 and the second half being payable in Fiscal Year 2014 -15. The RFP for consultant services to complete the plan will have a not to exceed amount of approximately $1,500,000.00 and include a 10% contingency. Rosemead's cost share, based on land area of the project area in question, is roughly 1.07% of the total contract amount. ENVIRONMENTAL REVIEW This project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (a) of the CEQA Implementing Guidelines. City Council Meeting June 11, 2013 Page 4 of 4 PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared By: Submitted By: -C�/ CIAOA�- W ag Chris Marcarello ment Analyst Director of Public Works Attachments: A. Draft Memorandum of Understanding for creation of the Enhanced Watershed Management Plan B. Draft Notice of Intent from Upper Los Angeles River Watershed Group MEMORANDUM OF UNDERSTANDING 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 GABRIEL, THE CITY OF SAN MARINO, THE CITY OF SOUTH PASADENA, THE CITY OF TEMPLE CITY, THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, AND THE COUNTY OF LOS ANGELES D REGARDING THE ADMINISTRATION AND COST SHARING FOR DEVELOPMENT OF THE ENHANCED WATERSHED MANAGEMENT PROGRAM AND THE COORDINATED INTEGRATED MONITORING PROGRAM FOR THE UPPER LOS ANGELES RIVER WATERSHED D REGARDING THE ADMINISTRATION AND COST SHARING FOR DEVELOPMENT OF THE ENHANCED WATERSHED MANAGEMENT PROGRAM AND THE COORDINATED INTEGRATED MONITORING PROGRAM FOR THE UPPER LOS ANGELES RIVER WATERSHED This Memorandum of Understanding (MOU) is made and entered into as of the date of the last signature set forth below by and between: the City of Los Angeles, 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 Gabriel, a municipal corporation; the City of San Marino, a municipal corporation; the City of South Pasadena, a municipal corporation; the City of Temple City, a municipal corporation; the Los Angeles County Flood Control District (LACFCD), a political subdivision of the State of California; and the County of Los Angeles, a political subdivision of the State of California. Collectively, these entities shall be known herein as "Parties" or individually as "Party." WHEREAS, the Regional Water Quality Control Board, Los Angeles Region ( "Regional Board ") adopted National Pollutant Discharge Elimination System Municipal Separate Storm Sewer System Permit Order No. R4- 2012 -0175 ( "MS4 Permit"); and WHEREAS, the MS4 Permit became effective on December 28, 2012 and requires that the LACFCD, County of Los Angeles, and 84 of the 88 cities (excluding Avalon, Long Beach, Palmdale, and Lancaster) within the County of Los Angeles comply with the prescribed elements of the MS4 Permit; and Page I of 29 WHEREAS, the MS4 Permit identified the Parties as the MS4 pemiittees that are responsible for compliance with the MS4 Permit requirements pertaining to the Los Angeles River Watershed Management Area; and WHEREAS, the Parties have agreed to collaborate on the development of an Enhanced Watershed Management Program (EWMP) for the Los Angeles River Watershed Management Area to comply with certain elements of the MS4 Permit; and WHEREAS, the Parties agree that each shall assume full and independent responsibility D for ensuring its own compliance with the MS4 Permit despite the collaborative approach of the MOU; and WHEREAS, the development of an EWMP includes the preparation of a Work Plan, a ° draft and final Coordinated Integrated Monitoring Plan ( "CIMP "), and a draft and final Enhanced Watershed Management Program Plan ( "EWMP Plan"), collectively referred to herein as "Plans "; and Q WHEREAS, the Parties collaboratively prepared a final Scope of Work and Request for Proposal to obtain a Consultant for preparing the Plans that will satisfy the requirements of the MS4 Permit; and WHEREAS, the Parties have determined that hiring a Consultant to prepare and deliver the Plans will be beneficial to the Parties and they desire to participate and will provide funding in accordance with the cost allocation on Exhibit A; and WHEREAS, the Parties have agreed that the total cost for developing the Plans shall not exceed $1,593,410.05 including the project administration and management cost but excluding 10% contingency; and WHEREAS, the Parties have agreed to retain the City of Los Angeles to coordinate the services of a Consultant to develop the Plans, the Parties have agreed to share in the cost and pay the City of Los Angeles for these consultant services as provided by Exhibit A of this MOU, and the City of Los Angeles has agreed to act on behalf of all Parties in the preparation of the Plans and the coordination of the consultant services; NOW, THEREFORE, in consideration of the mutual benefits to be derived by the Parties, and of the promises contained in this MOU, the Parties agree as follows: Section 1. Recitals: The recitals set forth above are fully incorporated into this MOU. Section 2. Purpose: The purpose of this MOU is to cooperatively fund the preparation and submittal of the Plans to the Regional Board. Section 3. Cooperation: The Parties shall fully cooperate with one another to attain the purpose of this MOU. Page 2 of 29 Section 4. Voluntary: This MOU is voluntarily entered into for the purpose of preparing and submitting the Plans to the Regional Board. Section 5. Term: This MOU shall become effective on the last date of execution by the Parties or December 28, 2013, whichever comes first, and shall remain and continue to remain in effect until June 30, 2016. If a Party does not execute this MOU by December 28, 2013, that Party shall be excluded from this MOU and this MOU shall become effective on December 28, 2013 by execution by the remaining Parties. D Section 6. Assessment for Proportional Cost: The Parties agree to pay the City of Los Angeles for preparation and delivery of the Plans in the amounts shown in Table (4) of Exhibit A, based on the total costs shown in Tables (1) and (2) and the cost allocation formula shown in Table (3) of Exhibit A, attached hereto and made part of this MOU by this reference. The City of Los ° Angeles will invoice the Parties in two installments upon execution of this MOU as shown in Table (4) of Exhibit A, based on the allocated costs for developing the Plans by the Consultant and the project administration and management costs at a percentage of 10% of the allocated costs for development of the Plans. At the end of each fiscal year, the City of Los Angeles will provide the Agencies with a statement with the actual expenditures. Unexpended funds at the termination of this MOU will be returned to the Parties in accordance with the cost allocation formula set forth in Table (3) of Exhibit A. Section 7. City of Los Angeles agrees: a. To solicit proposals for, award and administer a Consultant contract for the preparation and delivery of the Plans. The City of Los Angeles will be compensated for the administration and management of the Consultant contract as described in Exhibit A. b. To utilize the funds deposited by the Parties only for the administration of the Consultant contract, project management, and the preparation and completion of the Plans. c. To provide the Parties with an electronic copy of the technical memos, draft Plans and completed Plans within 7 business days of receipt from the Consultant. d. To invoice the Parties in the amounts and according to the schedule shown in Table (4) of Exhibit A. e. To provide an accounting within 90 days after at the termination of the MOU or within 90 after the early termination of the MOU pursuant to Section 11. The City of Los Angeles shall return the unused portion of all funds deposited with the City of Los Angeles in accordance with the cost allocation formula set forth in Table (3) in Exhibit A. Section 8. The Parties further agree: Page 3 of 29 a. To make a full faith effort to cooperate with one another to achieve the purposes of this MOU by providing information about project opportunities, reviewing deliverables in a timely manner, informing administration and council. b. To fund the cost of the preparation and delivery of the Plans and to pay the City of Los Angeles for the preparation and delivery of the Plans based on the cost allocation shown in Exhibit A. This includes the costs incurred by the City of Los Angeles for administering the Consultant services between awarding the Consultant contract and D the execution of this MOU. c. To grant access rights and entry to the City of Los Angeles and the Consultant during the terms of this MOU to the Parties' facilities (i.e. storm drains, channels, catch ° basins, properties, etc.) ( "Facilities ") to achieve the purposes of this MOU. Prior to exercising said right of entry, the City of Los Angeles or their Consultant shall provide written notice to the Parties at least 48 hours in advance. For the purposes of this provision, written notice shall include notice delivered via e-mail that has been 0 delivered to the Parties' representatives identified in Exhibit B. The Parties shall indemnify, defend and hold harmless each other, their elected and appointed officers, employees, and agents, from and against any and all liability, including but not IF limited to demands, claims, actions, fees, costs, and expenses (including attorney and expert fees), arising from or connected with the entry onto the Facilities. This indemnification is in addition to the other indemnities made herein. Section 9. Invoice and Payment a. Payment: The Parties shall pay the City of Los Angeles their proportional share of the cost for the preparation and delivery of the Plans and project administration and management as shown in Table (4) of Exhibit A. Payments are due within sixty (60) days of receiving the invoice from the City of Los Angeles. b. Invoice: The City of Los Angeles will invoice Parties in two installments in the amounts shown in Table (4) of Exhibit A. The first invoice will be sent upon execution of this MOU or in January 2014, whichever comes first. The second invoice will be sent in July 2014. c. Contingency: The City of Los Angeles will notify the Parties if actual expenditures are anticipated to exceed the cost estimates contained in Exhibits A and obtain approval of such expenditures from all Parties. Upon approval, the Parties agree to reimburse the City of Los Angeles for their proportional share of these additional expenditures at an amount not to exceed 10% of the original cost estimate as shown in Exhibit A. This 10% contingency will not be invoiced, unless actual expenditures exceed the original cost estimate. Expenditures that exceed the 10% contingency will require an amendment of this MOU. Section 10. Indemnification Page 4 of 29 a. Pursuant to Government Code Section 895.4 and 895.6, each Party shall each assume the fiill liability imposed upon it, or any of its officers, agents or employees, by law for injury caused by any negligent or wrongful act or omission occurring in the performance of this MOU. b. Each Party indemnifies and holds harmless the other party for any loss, costs, or expenses that may be imposed upon such other party by virtue of Government Code section 895.2, which imposes joint civil liability upon public entities solely by reason D of such entities being parties to an agreement, as deemed by Government Code Section 895. c. In the event of third -party loss caused by negligence, wrongful act or omission by ° more than one Party, each Party shall bear financial responsibility in proportion to its percentage of fault as may be mutually agreed or judicially determined. The provisions of Civil Code Section 2778 regarding interpretation of indemnity n agreements are hereby incorporated. Section 11. Termination a. This MOU may be terminated in whole or in part, upon the express written agreement to all Parties by giving 30 day written notice. The terminating Party shall be responsible for its Proportional Costs, which the City of Los Angeles incurred or to which it became bound through the effective date of termination. Such MOU Costs shall include the remaining fees of any Consultant retained by the City of Los Angeles prior to the effective date of termination. Should any Party terminate the MOU, the remaining Parties' Proportional Cost allocation shall be adjusted in accordance with the Cost Share Formula. If this MOU is terminated, 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 all Parties. Rights to uncompleted work by the Consultant still under contract will be held by the Party or Parties who fund the completion of such work. b. If a Party fails to comply with any of the terms or conditions of this MOU, that Party shall forfeit its rights to the work completed through this MOU. Section 12. General Provisions a) Notices Any notices, bills, invoices, or reports relating to this MOU, and any request, demand, statement or other communication required or permitted hereunder shall be in writing and shall be delivered to the Representative of the Party at the address set forth in Exhibit B. 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 email or fax. A notice shall be deemed to have been received on (a) the date of delivery, if delivered by hand during regular Page 5 of 29 business hours, or by confirmed facsimile or by email; or (b) on the third (3) business day following mailing by registered or certified mail (return receipt requested) to the addresses set forth in Exhibit B. b) Administration For the purpose of this MOU, 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 MOU on behalf of their respective Party. Each of the persons signing below on behalf of a Party represents and warrants that they are authorized to D sign this MOU on behalf of such Party. c) Relationship of Parties The Parties are and shall remain at all times as to each other, wholly independent entities. No Party to this MOU shall have power to incur any ° debt, obligation, or liability on behalf of another Party unless expressly provided to the contrary by this MOU. 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 MOU shall be binding upon and inure to the benefit of each Party to this MOU and their respective heirs, administrators, representatives, successors and assigns. e) Amendment The terms and provisions of this MOU may not be amended, modified or waived, except by an instrument in writing signed by all the Parties. This section applies to, but is not limited to, amendments proposed to address regulatory changes in the MS4 permit, modifications to the Scope of Work, or changes in the number of Parties to this MOU. For the City of Los Angeles, the Director of Bureau of Sanitation or his/her designee is authorized to execute such amendments. f) Waiver Waiver by any Party to this MOU of any term, condition, or covenant of this MOU shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party to any breach of the provisions of this MOU shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this MOU. g) Law to Govern, Venue This MOU shall be interpreted, construed and governed according to the laws of the State of California In the event of litigation between the Parties, venue in the state trial courts shall lie exclusively in the County of Los Angeles. h) No Presumption in Drafting The Parties to this MOU agree that the general rule that an MOU is to be interpreted against the Party drafting it, or causing it to be prepared shall not apply. i) Entire Agreement This MOU constitutes the entire agreement of the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, whether written or oral, with respect thereto. Page 6 of 29 j) Severability If any term, provision, condition or covenant of this MOU is declared or determined by any court or competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this MOU shall not be affected thereby and this MOU shall be read and constructed without the invalid, void, or unenforceable provision(s). k) Counterparts This MOU 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 and D the same instrument, provided, however, that such counterparts shall have been delivered to all Parties to this MOU. 1) All Parties have been represented by counsel in the preparation and negotiation of this ° MOU. Accordingly, this MOU shall be construed according to its fair language. IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be executed by their duly authorized representatives and affixed as of the date of signature of the Parties: PAGES 5 -29 INCLUDE SIGNATURE PAGES FOR ALL PARTICIPATING AGENCIES II Page 7 of 29 Submitted by the: Upper Los Angeles River Watershed Group City of Los Angeles City of La Canada Flintridge County of Los Angeles City of Montebello Los Angeles County Flood Control District City of Monterey Park City of Alhambra City of Pasadena City of Burbank City of Rosemead City of Calabasas City of San Gabriel City of El Monte City of San Marino City of Glendale City of South Pasadena City of Hidden Hills City of Temple City June 28, 2013 • Upper Los Angeles River Watershed Group 1. Introduction The City of Los Angeles, the City of Alhambra, the City of Burbank, the City of Calabasas, the City of El Monte, 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 Gabriel, the City of San Marino, the City of South Pasadena, the City of Temple City, the County of Los Angeles and the Los Angeles County Flood Control District, collectively the Upper Los Angeles River Watershed Group (Group), respectfully submit this Notification of Intent (NOI) to develop an Enhanced Watershed Management Plan (EWMP) for the Upper Los Angeles River Watershed per Part VI.C.4.b.i of Order No. R4- 2012 -0175 (MS4 Permit). The City of Hidden Hills has requested to include approximately 100 acres of land area, within their jurisdiction, located within the Malibu Creek watershed into this EWMP. Additionally, this NO1 includes a statement of the Upper Los Angeles River Watershed Group's intent to follow a Coordinated Integrated Monitoring Program (GIMP) approach. The Los Angeles River Watershed encompasses approximately 834 square miles, and 43 different Cities. The Upper Los Angeles River Watershed is the largest sub - watershed in the Los Angeles River Watershed Management Area, encompassing approximately 451 square miles. The 303(d) List has identified the Los Angeles River Watershed as being impaired by several pollutants. Accordingly, the California Regional Water Quality Control Board, Los Angeles Region ( LARWQCB) and the U.S. Environmental Protection Agency (USEPA) have adopted and /or established several TMDLs for the receiving waters in the Upper Los Angeles River Watershed. The Upper Los Angeles River Watershed Group propose the development of an EWMP specifically for the Upper Los Angeles River Watershed as the most effective approach to utilize opportunities to retain and reuse runoff and to address the unique challenges of the watershed. The Upper Los Angeles River Watershed Group does not include all jurisdictions within the watershed however all drainage infrastructure operated and maintained by the LACFCD within the boundaries shown in Attachment 1 are covered under this EWMP and CIMP. The Upper Los Angeles River Watershed Group have been collaborating since the first Los Angeles River Watershed TMDLs were adopted by the LARWQCB. The TMDL monitoring in Upper Los Angeles River Watershed have been implemented in a coordinated manner and is being cost - shared by all Upper Los Angeles River Watershed Group as well as Caltrans. The City of Los Angeles will be the lead agency for developing the EWMP and CIMP. Development of the EWMP Work Plan, CIMP, and EWMP Plan will be a collaborative process between all Upper Los Angeles River Watershed Group, coordinated with the Technical Advisory Committee as well as with watershed stakeholders. The City of Los Angeles will be the lead agency for developing the EWMP and CIMP. Development of the Work Plan, CIMP, and EWMP Plan will be a collaborative process between all Upper Los Angeles River Watershed Group, coordinated with the Technical Advisory Committee as well as with watershed stakeholders. The following sections satisfy: a) The EWMP requirements for NO1 submittal as provided by Section VI.C.4.b of the MS4 Permit; b) The CIMP notification requirements as provided by Attachment E Section IV.C.1.; and c) Provides the LARWQCB with additional information on the approach that the Upper Los Angeles River Watershed Group intend to follow for EWMP development. 2. Notification of Intent (Section VI.C.411 and Attachment E Section W.C.1.) The Upper Los Angeles River Watershed Group hereby notify the LARWQCB of their intention to collaboratively develop an EWMP for the Upper Los Angeles River Watershed, and request a Work Plan due date of 18 months after the effective date of the MS4 Permit (June 28, 2014) and a draft EWMP Plan due date of 30 months after the effective date of the MS4 Permit (June 28, 2015). Page I 1 Upper Los A ngeles River Watershed Group Additionally, the Upper Los Angeles River Watershed Group notify the LARWQCB by this NOI of their intention to collaboratively develop an CIMP for the Upper Los Angeles River Watershed, and request submittal Draft CIMP due date of 18 months after the effective date of the MS4 Permit (June 28, 2014). 3. Interim and final TDML compliance deadlines (Section VI.C.4.1b.ii) Table 1 lists the TMDLs that apply to the Upper Los Angeles River subwatershed of the Los Angeles River Watershed Management Area. Interim and final compliance deadlines of the Los Angeles River Watershed Trash TMDL and final compliance deadlines of other TMDLs occurring prior to the anticipated approval date of the EWMP (April 28, 2016) are included in Table 2. The watershed control measures that will be implemented to meet the requirements of the interim and final trash water quality based effluent limits (WQBELS) and all other final WQBELS are described in more detail in Section 12 of this NOI submittal. Table 2. Interim (trash) and final TMDL compliance deadlines prior to EWMP approval Los Angeles River Watershed Trash 20% reduction of baseline load Interim 09/30/2005' TMDL 30% reduction of baseline load Interim 09/30/2006 40% reduction of baseline load Interim 09/30/2007 50% reduction of baseline load Interim 09/30/2008 60% reduction of baseline load Interim 09/30/2009 70% reduction of baseline load Interim 09/30/2010 80% reduction of baseline load Interim 09/30/2011 90% reduction of baseline load Interim 09/30/2012 96.7% reduction of baseline load Interim 09/30/2013 i 100% reduction of baseline load Final 09/30/2014 � • An geles 100% of M54 drainage area complies with Final . dry- weather waste load allocations Legg Lake Trash TIVIK 20% reduction of baseline load Interim 03/06/2012 40% reduction of baseline load Interim 03/06/2013 60% reduction of baseline load Interim 03/06/2014 80% reduction of baseline load Interim 03/06/201, Page 12 • I Upper Los Angeles River Watershed Group 100% reduction of baseline load Final - d$(QRW16. 100% of MS4 drainage area complies witty i. waste load allocations 4. Geographical scope (Section VLCA.b.iii.(1)) The area included in this Upper Los Angeles River Watershed EWMP is approximately 451 square miles and comprised of the Cities of Los Angeles, Alhambra, Burbank, Calabasas, El Monte, Glendale, Hidden Hills, La Canada Flintridge, Montebello, Monterey Park, Pasadena, Rosemead, San Gabriel, San Marino, South Pasadena, Temple City, the Unincorporated areas of the County of Los Angeles and the Los Angeles County Flood Control District's, facilities within the above jurisdictions as well as those within the non - participating cities of San Fernando, Compton, Irwindale, and South El Monte. Additionally, the Upper Los Angeles River Watershed EWMP will cover the drainage infrastructure operated and maintained by the LACFCD within the boundaries shown in Attachment 1. Moreover, approximately 119 acres of the City of Hidden Hills that lie in the Malibu Creek Watershed will be addressed in the plan developments. Attachment 1 provides a map of the watershed boundaries and the delineations of the land areas of the MS4 permittees and other entities within the watershed collectively the Upper Los Angeles River Watershed Group. Upper Los Angeles River Watershed are collectively approximately 9.5 miles long and divided in three hydrological units: • Upper Los Angeles River Watershed Reach 1 is approximately 2 miles long from Cochran Avenue to National Boulevard. This portion of the creek is channelized with vertical concrete walls. • Upper Los Angeles River Watershed Reach 2 is approximately 4 miles long between National Boulevard and Centinela Avenue where Ballona Estuary starts. Reach 2 is also channelized for the most part with trapezoidal walls. Major tributaries to Upper Los Angeles River Watershed include Aliso Creek, Bell Creek, Bull Creek, Tujunga Wash, Burbank Western Channel, Arroyo Seco, Rio Hondo, and Compton Creek. All Upper Los Angeles River Watershed Group have agreed to collectively develop the Upper Los Angeles River Watershed EWMP. Therefore, the Upper Los Angeles River Watershed EWMP will cover all of the areas owned by the MS4 permittees within the watershed as shown in Attachment 2. This includes the drainage infrastructure operated and maintained by the Los Angeles County Flood Control District, in the areas shown in Attachment 1. The total area of the Upper Los Angeles River Watershed is 451 square miles and a breakdown of the area by MS4 permittee and other agencies is provided in Table 4. Collectively, the M54 permittees in the Upper Los Angeles River Watershed have jurisdiction over 123 square miles or 96% of the total watershed area. Additionally, the Upper Los Angeles River Watershed EWMP will cover the drainage infrastructure operated and maintained by the LACFCD within the boundaries shown In Attachment 1. The Upper Los Angeles River Watershed Group have no jurisdiction over the land that is owned by the State of California (i.e., California Department of Fish and Wildlife, the State Lands Commission, and Caltrans) and the US Government. Table 3. Upper LA River Watershed area distribution and EWMP participation Upper LA River Watershed Group participating in this EWMP City of Los Angeles :: r County of Los Angeles .. Los Angeles County Flood Control District City of Alhambra Page 1 3 Upper Los Angeles River Watershed Group 11,095.20 4,005.68 4,580.43 19,587.50 1,080.08 _. 5,534.46 5,356.38 1,51 14,805.30 ".,,19.87 2,644.87 2,40954 2,186.20 2,576.50 89,008.93 Other LA River agencies not participating in this EWMP 12.47 49A 5.15 22- 1.21 6,!N 6.02 SA 16,63 3.VJ 2.97 2. 2.46 240 100 1,651.33 _- 909.34 _ _674:49 �M S. Plan concept (Section VI.C.4.1b.iii.(1)) The Upper Los Angeles River Watershed Group have collectively developed several Implementation Plans with strategies for compliance with the Los Angeles River Watershed Bacteria, and Metals TMDLs. These implementation and compliance strategies are based on a multi - pollutant approach that maximizes the retention and use of urban runoff as a resource for recharging aquifers and for Irrigation and other uses through distributed and regional BMPs many of which were identified by watershed stakeholders. The Upper Los Angeles River Watershed EWMP will further enhance the TMDL implementation plans, re- evaluate the proposed watershed control measures, identify additional regional projects to maximize opportunities for retaining all non - stormwater runoff and stormwater from the 85` percentile, 24 -hour storm event, and identify additional watershed control measures for those areas in the watershed that cannot be addressed by a regional project. In order to meet the requirements of the M54 Permit, the Dominguez Channel Watershed Group proposes to develop the following documents: • A Work Plan for submittal to the LARWCB by June 28, 2015. The Work Plan will meet the requirements of the M54 Permit, will provide an understanding of where the agencies are today and outline a path forward. A CIMP for submittal to the LARWCB by June 28, 2015. The LIMP will address all TMDL monitoring requirements applicable to the Dominguez Channel Watershed and all five monitoring elements of the MS4 Permit Monitoring and Reporting Program (MRP). • An EWMP Plan for draft submittal to the LARWCB by June 28, 2015 and final submittal by January 28, 2016. Using the information developed for the Work Plan, the EWMP will meet the requirements of the M54 Permit. 6. Cost estimate (Section VI.C.4.1b.iii.(2)) Page 14 • Upper Los Angeles River Watershed Group The Upper Los Angeles River Watershed Group collaboratively prepared a scope of work and cost estimate for developing the Work Plan, the CIMP and the EWMP for their portion of the Dominguez Channel watershed. It is estimated that the cost for the Work Plan, the CIMP and the EWMP Plan development is approximately $1.44 million. This estimate assumes that the CIMP and EWMP will, in part, be based on the existing TMDL Coordinated Monitoring Plans and any available Implementation Plans. In addition, the Dominguez Channel Watershed Group will contribute several hundred thousands of dollars in in -kind services and contract administration costs. 7. Memorandum of Understanding (Section VI.C.4.b.iii.(3)) Attachment 2 includes the final draft of the Memoranda of Agreement between the City of Los Angeles, as the lead agency, and the other Upper Los Angeles River Watershed Group. All agencies have committed to the execution of these agreements as indicated by the signed letters of intent (Attachment 3). The agreements will be executed before December 28, 2013. S. Interim milestones and deadlines for plan development (section VI.C.4.b.iii.(4)) Table 4 summarizes the interim milestone and deadlines for Work Plan, CIMP, and EWMP Plan development which are based on the scope of work for developing the Work Plan, CIMP, and EWMP agreed to by the Upper Los Angeles River Watershed Group. In addition to the monthly agency coordination meetings, coordination meetings with the Technical Advisory Committee, the schedule in Table 4 assumes up to four meetings or workshops with local watershed stakeholders for each plan. Technical memorandums summarizing information and approaches to support the agencies develop the Work Plan, CIMP, and EWMP Plan will be utilized as milestones. It is expected that the draft technical memos will not be finalized, per section; rather the information presented in the memos will be revised based on comments and presented in the Work Plan, CIMP, and EWMP Plan. Table 4. Proposed interim milestones and deadlines for plan development .- .- Work Plan March 2014 April 2014 June 2014 March 2014 April 2014 :q June 2014 April 2015 May 2015 Coordinated Integrated Monitoring Plan Upper Los Ange River Watershed Group e June 2015 9. Structural BMP (Section VI.C.4.b.iii.(5)) The Upper Los Angeles River Watershed Group during the 30 month plan development will be implementing two structural BMPs to demonstrate its responsibility to improving water quality in the watershed. The goal of both projects is to take dry- and wet - weather runoff and utilize it, after natural treatment, for the beneficial use of surface irrigation or infiltration. The cumulative investment by the County of Los Angeles and the City of Los Angeles for these projects is that of $7.4 million. See Attachment 4 for the project Fact Sheets. Below are brief project summaries. Brandon Street and Green Street Improvements Project (County of Los Angeles) The project will reconstruct pavement on Brandon Street from 510 feet west of Madre Street to Lotus Avenue and Green Street from 470 feet west of Madre Street to 350 feet east of Madre Street. The design includes porous pavers, porous concrete gutters and sidewalk, storm water planters, and a modular storage retention basin. Approximately 5,800 feet of bioretention planter boxes (bioswales) will be constructed along both sides of Green Street. In addition, an underground infiltration basin system will be installed at the cul -de -sac area with a storage capacity of 3,570 cubic feet. Trees and drought - tolerant plants will also be added throughout the project. Much of the runoff from the streets and private properties will be directed to this infiltration area. The runoff that otherwise had gone to the Rio Hondo without treatment will now be infiltrate to augment the groundwater. Therefore, water quality of the Los Angeles River will improve by the prevention pollutants from entering. Humboldt Greenwav Protect This project consists of intercepting an existing storm drain system and constructing a stormwater greenway with a "stream' eco- system through the corridor on Humboldt Street with a pedestrian path connecting Avenue 18 and Avenue 19. The project is adjacent to the Los Angeles River, just North of Civic Center area of the City of Los Angeles. The bioremediation elements include a pollution reduction /infiltration system and an approximately 175 - foot long graded Swale /open - channel, which is surrounded by a vegetated basin. Work also includes a) an overflow structure; b) a pedestrian bridge; c) an irrigation system; d) landscaping and tree planting; and e) solar lighting. This project will enhance water quality, provide a natural habitat and community recreational opportunities, and promote the idea that urban streams are a valuable resource to be enjoyed rather than a nuisance to be constructed underground. Moreover, it is expected that much of the impaired dry weather flow that would have entered the Los Angeles River will be beneficially used by the vegetated basin, thus improving the water quality in the river. A similar benefit is expected during wet weather but would be dependent on the storm event. 10. LID ordinance (Sections VI.C.4.b.iii.(6) and VI.C.4.c.iv. (1)) Table 5 summarizes the status of Low Impact Development (LID) ordinances by the Upper Los Angeles River Watershed Group. As presented in Table 5, greater than 50% of the land area addressed by the geographical scope of the Group is addressed by an LID ordinance that is in place. Table S. Upper LA River Watershed Group EWMP Area Percentage addressed by LID ordinances nos 2. Page 16 Upper Los Angeles River Watershed Group Ir 1.57 3. 3.57 3. 1.29 3. 1.47 3. 6.30 3. 0.35 3. 1.78 3. 1.72 3. 1.59 3. 4.76 3. 1.07 3. 0.85 3. 0.78 3. 0.70 3. 0.83 3. Note: 1. Revising Ordinance The City of Los Angeles LID Ordinance became effective on May 12, 2012. The City is currently amending sections of the LID Ordinance, as well as its Stormwater and Urban Runoff Pollution Control Ordinance )L.A.M.C. Chapter VI, Article 4.4) to meet all the MS4 permit requirements. 2. Draft Ordinance Permittee has completed or will complete by June 28, 2013 the development of a draft LID Ordinance that is in compliance with the MS4 Permit for its portion of the watershed. 3. In Development Permittee initiated development of an UD Ordinance that is in compliance with the requirements of the MS4 Permit for Its portion of the watershed. 11. Green street polices (Sections VI.C.4.b.iii.(6) and VI.C.4.c.iv. (2)) Table 6 summarizes the status of green street policies by the Upper Los Angeles River Watershed Group. As presented in Table 6, greater than 50% of the land area addressed by the geographical scope of the EMWP is addressed by green streets policies that are in place. Table 6. Summary of percent EWMP area addressed by Green Street 58.33 - - - 13.05 1.57 3.57 1.29 1.47 6.30 0.35 1.78 1.72 1.59 4.76 1.07 { 3. 3. 3. 3. 3. 3. 3. 3. 3. 3. 3. 3. Page 17 Upper Los Angeles River Watershed Group 0.85 3. 0.78 3. 0.70 3. 0.83 3. Note: 1. In effect Permlttee has adopted a Green Street Policy that is in compliance with the requirements of the MS4 Permit for its portion of the watershed. 2. Draft Pollw Permlttee has completed or will complete by June 28, 2013 the development of a draft LID Ordinance that Is In compliance with the M54 Permit for its portion of the watershed. 3. In Development Permittee initiated development of an LID Ordinance that is In compliance with the requirements of the M54 Permit for Its portion of the watershed. 12. Implementation of watershed control measures during plan development (Sections VI.C.4.b.ii) The Upper Los Angeles River Watershed Group has develop TMDL implementation plans incorporating structural and institutional watershed control measures for a multi - pollutant and multi - benefit approach, as well as the timelines for implementation to meet the water quality limitations of the various TMDLs. Table 7 summarizes the TMDL implementation plans that have been developed to date. Three TMDLs have interim and /or final compliance milestones prior to the final approval of the EWMP by April 28, 2016, as shown in Table 2 that will be met through the continued implementation efforts as outlined in the implementation plans. The Upper Los Angeles River Watershed Group will continue their efforts to implement the actions of the TMDL implementation plans concurrently with the development of the Upper Los Angeles River Watershed EWMP. Attachment 5 provides more details of the ongoing and planned actions. Table 7. Implementation Plans for Upper Los Angeles River Watershed TMDLs 'idden Hills, La Canada Flintridge, ontebello, Monterey Park, Pasadena, Rosemead, San Gabriel , San Marino, 'South Pasadena, Temple City, Caltrans Cities of Los Angeles, Alhambra, Final plan submitted 10/07/2010 Burbank, Calabasas, El Monte, Glendale, Hidden Hills, La Canada Flintridge, Montebello, Monterey Park, Pasadena, Rosemead, San Gabriel , San Marino, South Pasadena, Temple City, Caltrans County of Los Angeles Final plan submitted 1010712010 Page 18 N otice of Upper Los Angeles River Watershed Group Attachment 1- Upper Los Angeles River Watershed Group Map 511«C..PIGE LS 1K.i �' JSE e1 CHL'J'J'. 1 1 v.w. uoo+ ii W U Fge I Ar. Iatrnl I L° —.- 3.57% 0.35% E.)g% Id 1 3111871 317% eMa�cLUpwn mlu•+a31nr•gaONx• LEGEND let 600.97 On% LL3�r mAVMYY: w O61®•Y wre YfIA15 m. m.a rr.tlb.mw.�m...r.r.wer MNMM.ebOYRUb s�n.M..rW bPi. �•�MwwM tlb Rq YRtl.VM.Lbtlln M.Y. OTECTION � Los Angeles River no 009,60 0.79% sadena 18620 0.70% �•• • j 1 Upper Los Angeles Upper LA Watershed Gioup 7 57650 013% —•• —• Watershed Boundary Partiapating in this EWMP - Flood Control Upper LA Watershed Agencies not 3to15111.17 3m% District Boundary Participating in this EWMP 0 EVMAP A enci s N Page 19 eutrAU or swm� eMa�cLUpwn mlu•+a31nr•gaONx• lalactm I vga0ga%%wruret LL3�r mAVMYY: w O61®•Y wre YfIA15 m. m.a rr.tlb.mw.�m...r.r.wer MNMM.ebOYRUb s�n.M..rW bPi. �•�MwwM tlb Rq YRtl.VM.Lbtlln M.Y. OTECTION MTElEV15® . •xow +x••u 3aaw• Page 19 Uppe Los Angeles River Watershed Group Attachment 2 - Draft Memorandum of Agreement Page 110 Upper Los Angeles River Watershed Group MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LOS ANGELES, THE CITY OF ALHAMBRA, THE CITY OF BURBANK, THE CITY OF CALABASAS, THE CITY OF EL MONTE, 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 GABRIEL, THE CITY OF SAN MARINO, THE CITY OF SOUTH PASADENA, THE CITY OF TEMPLE CITY, THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, AND THE COUNTY OF LOS ANGELES REGARDING THE ADMINISTRATION AND COST SHARING FOR DEVELOPMENT OF THE ENHANCED WATERSHED MANAGEMENT PROGRAM AND THE COORDINATED INTEGRATED MONITORING PROGRAM FOR THE UPPER LOS ANGELES RIVER WATERSHED REGARDING THE ADMINISTRATION AND COST SHARING FOR DEVELOPMENT OF THE ENHANCED WATERSHED MANAGEMENT PROGRAM AND THE COORDINATED INTEGRATED MONITORING PROGRAM FOR THE UPPER LOS ANGELES RIVER WATERSHED This Memorandum of Understanding (MOU) is made and entered into as of the date of the last signature set forth below by and between: the City of Los Angeles, 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 El Monte, 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 Gabriel, a municipal corporation; the City of San Marino, a municipal corporation; the City of South Pasadena, a municipal corporation; the City of Temple City, a municipal corporation; the Los Angeles County Flood Control District (LACFCD), a political subdivision of the State of California; and the County of Los Angeles, a p�litical subdivision of the State of California. Collectively, these entities shall be known herein as "Partie " or individually as "Party." Page 111 Upper Los Angeles River Watershed Group WHEREAS, the Regional Water Quality Control Board, Los Angeles Region ( "Regional Board ") adopted National Pollutant Discharge Elimination System Municipal Separate Storm Sewer System Permit Order No. R4- 2012 -0175 (MS4 Permit); and WHEREAS, the MS4 Permit became effective on December 28, 2012 and requires that the LACFCD, County of Los Angeles, and 84 of the 88 cities (excluding Avalon, Long Beach, Palmdale, and Lancaster) within the County of Los Angeles comply with the prescribed elements of the MS4 Permit; and WHEREAS, the MS4 Permit identified the Parties as the MS4 permittees that are responsible for compliance with the MS4 Permit requirements pertaining to the Los Angeles River Watershed Management Area; and WHEREAS, the Parties have agreed to collaborate on the development of an Enhanced Watershed Management Program (EWMP) for the Los Angeles River Watershed Management Area to comply with certain elements of the MS4 Permit; 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 MOU; and WHEREAS, the development of an EWMP includes the preparation of a Work Plan, a draft and final Coordinated Integrated Monitoring Plan ( "CIMP "), and a draft and final Enhanced Watershed Management Program Plan ( "EWMP Plan"), collectively referred to herein as "Plans'; and WHEREAS, the Parties collaboratively prepared a final Scope of Work and Request for Proposal to obtain a Consultant for preparing the Plans that will satisfy the requirements of the MS4 Permit; and WHEREAS, the Parties have determined that hiring a Consultant to prepare and deliver the Plans will be beneficial to the Parties and they desire to participate and will provide funding in accordance with the cost allocation on Exhibit A; and Page 112 Upper Los Angeles River Watershed Group WHEREAS, the Parties have agreed that the total cost for developing the Plans shall not exceed $1,593,410.05 including the project administration and management cost but excluding 10% contingency; and WHEREAS, the Parties have agreed to retain the City of Los Angeles to coordinate the services of a Consultant to develop the Plans, the Parties have agreed to share in the cost and pay the City of Los Angeles for these consultant services as provided by Exhibit A of this MOU, and the City of Los Angeles has agreed to act on behalf of all Parties in the preparation of the Plans and the coordination of the consultant services; NOW, THEREFORE, in consideration of the mutual benefits to be derived by the Parties, and of the promises contained in this MOU, the Parties agree as follows: Section 1. Recitals: The recitals set forth above are fully incorporated into this MOU. Section 2. Purpose: The purpose of this MOU is to cooperatively fund the preparation and submittal of the Plans to the Regional Board. Section 3. Cooperation: The Parties shall fully cooperate with one another to attain the purpose of this MOU. Section 4. Voluntary: This MOU is voluntarily entered into for the purpose of preparing and submitting the Plans to the Regional Board. Section 5. Term: This MOU shall become effective on the last date of execution by the Parties or December 28, 2013, whichever comes first, and shall remain and continue to remain in effect until June 30, 2016. If a Party does not execute this MOU by December 28, 2013, that Party shall be excluded from this MOU and this MOU shall become effective on December 28, 2013 by execution by the remaining Parties. Section 6. Assessment for Proportional Cost: The Parties agree to pay the City of Los Angeles for preparation and delivery of the Plans in the amounts shown in Table (4) of Exhibit A, based on the total Page 1 13 Notice of Intent � Upp er Los Angeles River Watershed Group costs shown in Tables (1) and (2) and the cost allocation formula shown in Table (3) of Exhibit A, attached hereto and made part of this MOU by this reference. The City of Los Angeles will invoice the Parties in two installments upon execution of this MOU as shown in Table (4) of Exhibit A, based on the allocated costs for developing the Plans by the Consultant and the project administration and management costs at a percentage of 10% of the allocated costs for development of the Plans. At the end of each fiscal year, the City of Los Angeles will provide the Parties with a statement with the actual expenditures. Unexpended funds at the termination of this MOU will be returned to the Parties in accordance with the cost allocation formula set forth in Table (3) of Exhibit A. Section 7. City of Los Angeles agrees: a. To solicit proposals for, award and administer a Consultant contract for the preparation and delivery of the Plans. The City of Los Angeles will be reimbursed for the administration and management of the Consultant contract as described in Exhibit A. b. To utilize the funds deposited by the Parties only for the administration of the Consultant contract, project management, and the preparation and completion of the Plans. c. To provide the Parties with an electronic copy of the technical memos, draft Plans and completed Plans within 10 business days of receipt from the Consultant. d. To notify the Parties if the actual cost for the preparation of the Plans will exceed the cost estimates shown on Exhibit A and obtain approval of the increase from the Parties. Upon approval of the cost increase by the Parties, the City of Los Angeles will invoice the Parties per the cost allocation formula on Exhibit A. e. To ensure all comments and concerns raised by the Parties during the preparation of the Plans are addressed to the satisfaction of the simple majority of the Parties. f. To invoice the Parties in the amounts and according to the schedule shown in Table 4 of Exhibit A. g. To provide an accounting within 90 days after at the termination of the MOU or within 90 after the early termination of the MOU pursuant to Section 11. The City of Los Angeles shall return the unused portion of all funds deposited with the City of Los Angeles in accordance with the cost allocation formula set forth in Table 3 in Exhibit A. Page 1 14 • • Upper Los Angeles River Watershed Group Section S. The Parties further agree: a. To make a full faith effort to cooperate with one another to achieve the purposes of this MOU by providing information about project opportunities, reviewing deliverables in a timely manner, and informing administration and council and appropriate legislative bodies. b. To fund the cost of the preparation and delivery of the Plans and to pay the City of Los Angeles for the preparation and delivery of the Plans based on the cost allocation shown in Exhibit A. This includes the costs incurred by the City of Los Angeles for administering the Consultant services between awarding the Consultant contract and the execution of this MOU. c. To grant access rights and entry to the City of Los Angeles and the Consultant during the terms of this MOU to the Parties' facilities (i.e. storm drains, channels, catch basins, properties, etc.) ( "Facilities ") to achieve the purposes of this MOU. Prior to exercising said right of entry, the City of Los Angeles or their Consultant shall provide written notice to the Parties at least 48 hours in advance. For the purposes of this provision, written notice shall include notice delivered via e-mail that has been delivered to the Parties' representatives identified in Exhibit B. The City of Los Angeles shall require the Consultant retained pursuant to this MOU to agree to indemnify, defend, and hold harmless each Party, its special districts, elected and appointed officers, employees, and agents, 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 Consultant's performance of its agreement with the City of Los Angeles. In addition, the City of Los Angeles shall require the Consultant to carry, maintain, and keep in full force and effect an insurance policy or policies, and each Party, its officers, employees, attorneys, and designated volunteers shall be named as additional insureds on the policy(ies) with respect to liabilities arising out of the Consultant's work. These requirements will also apply to any subcontractors hived by the Consultant. Section 9. Invoice and Payment a. Payment: The Parties shall pay the City of Los Angeles their proportional share of the cost for the preparation and delivery of the Plans and project administration and management as shown in Table 4 of Exhibit A. Payments art: due within sixty (60) days of receiving the invoice from the City of Los Angeles. b. Invoice: The City of Los Angeles will invoi Parties in two installments in the amounts shown in Table 4 of Exhibit A. The first invoi will be sent upon execution of this MOU or in January 2014, whichever comes first. The se and invoice will be sent in July 2014. Page 115 Upper Los Angeles River Watershed Group c. Contingency: The City of Los Angeles will notify the Parties if actual expenditures are anticipated to exceed the cost estimates contained in Exhibits A and obtain approval of such expenditures from all Parties. Upon approval, the Parties agree to reimburse the City of Los Angeles for their proportional share of these additional expenditures at an amount not to exceed 10% of the original cost estimate as shown in Exhibit A. This 10% contingency will not be invoiced, unless actual expenditures exceed the original cost estimate. Expenditures that exceed the 10% contingency will require an amendment of this MOU. Section 10. Indemnification a. Each Party shall indemnify, defend, and hold harmless each other Parry, including its special districts, elected and appointed officers, employees, and agents, from and against any and all liability, including but not limited to demands, claims, actions, fees, costs, and expenses (including attorney and expert witness fees), arising from or connected with the respective acts of each Party arising from or related to this MOU; 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 MOU to the same extent that such liability would be imposed in the absence of Section 895.2 of said Code. c. 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. This MOU may be terminated in whole or in part, upon the express written agreement to all Parties by giving 30 day written notice. The terminating Party shall be responsible for its Proportional Costs, which the City of Los Angeles incurred or to which it became bound through the effective date of termination. Such MOU Costs shall include the remaining fees of any Consultant retained by the City of Los Angeles prior to the effective date of termination. Should any Party terminate the MOU, the remaining Parties' Proportional Cost allocation shall be adjusted in accordance with the Cost Share Formula. If this MOU is terminated, 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 Page 116 • Upper Los Angeles River Watershed Group work shall be owned by all Parties. Rights to uncompleted work by the Consultant still under contract will be held by the Party or Parties who fund the completion of such work b. If a Party fails to comply with any of the terms or conditions of this MOU, that Party shall forfeit its rights to the work completed through this MOU. Section 12. General Provisions a) Notices Any notices, bills, invoices, or reports relating to this MOU, and any request, demand, statement or other communication required or permitted hereunder shall be in writing and shall be delivered to the Representative of the Party at the address set forth in Exhibit B. 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 email 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 email; or (b) on the third (3) business day following mailing by registered or certified mail (return receipt requested) to the addresses set forth in Exhibit B. b) Administration For the purpose of this MOU, 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 MOU on behalf of their respective Party. Each of the persons signing below on behalf of a Party represents and warrants that they are authorized to sign this MOU on behalf of such Party. c) Relationship of Parties The Parties are and shall remain at all times as to each other, wholly independent entities. No Party to this MOU shall have power to incur any debt, obligation, or liability on behalf of another Party unless expressly provided to the contrary by this MOU. 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 MOU shall be binding upon and inure to the benefit of each Party to this MOU and their respective heirs, administrators, representatives, successors and assigns. e) Amendment The terms and provisions of this MOU may not be amended, modified or waived, except by an instrument in writing signed by all the Parties. This section applies to, but is not limited to, amendments proposed to address regulatory changes in the MS4 permit, modifications to the Scope of Work, or changes in the number of Parties to this MOU. For the City of Los Angeles, the Director of Bureau of Sanitation or his/her designee is authorized to execute such amendments. Page 117 Upper Los Angeles River Watershed Group f) Waiver Waiver by any Party to this MOU of any tens, condition, or covenant of this MOU shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party to any breach of the provisions of this MOU shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this MOU. g) Law to Govern: Venue This MOU shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in the state trial courts shall lie exclusively in the County of Los Angeles. h) No Presumption in Drafting The Parties to this MOU agree that the general rule that an MOU is to be interpreted against the Party drafting it, or causing it to be prepared shall not apply. i) Entire Agreement This MOU constitutes the entire agreement of the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, whether written or oral, with respect thereto. j) Severability If any term, provision, condition or covenant of this MOU is declared or determined by any court or competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this MOU shall not be affected thereby and this MOU shall be read and constructed without the invalid, void, or unenforceable provision(s). k) Counterpart s . This MOU 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 and the same instrument, provided, however, that such counterparts shall have been delivered to all Parties to this MOU. 1) All Parties have been represented by counsel in the preparation and negotiation of this MOU. Accordingly, this MOU shall be construed according to its fair language. IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be executed by their duly authorized representatives and affixed as of the date of signature of the Parties: Page 1 18 III • Upper Los Angeles River Watershed Group THE CITY OF LOS ANGELES Date: ATTEST: 0 June Lagmay City Clerk APPROVED AS TO FORM: 0 Capri W. Maddox, President Board of Public Works Page 119 Notice of Intent Upper Los A ngeles River Watershed Group Carmen Trutanich City Attorney m John A. Carvalho Deputy City Attorney Page 120 I Upper Los Angeles River Watershed Group THE CITY OF ALHAMBRA Dated: CITY OF ALHAMBRA M Steven Placido, Mayor ATTEST: Mary Swink lnterim City Manager APPROVED AS TO FORM: Joseph Montes, City Attorney Page 121 Upper Los A ngeles River Watershed Group THE CITY OF BURBANK Page 122 Upper Los Angela River Watershed Group Dated: CITY OF BURBANK M Emily Gabel - Luddy, Mayor ATTEST: , City Manager APPROVED AS TO FORM: Joseph H. McDougall, Senior Assistant City Attorney Page 123 • Upper Los Angeles River Watershed Group THE CITY OF CALABASAS Dated: CITY OF CALABASAS Page 1 24 • . Upper Los Angeles River Watershed Group Fred Gaines, Mayor ATTEST: Maricela Hernandez, City Clerk APPROVED AS TO FORM: Scott Howard, Interim City Attorney Page 125 Upper Los Ang eles River Watershed Group THE CITY OF EL MONTE Dated: CITY OF EL MONTE S , Mayor ATTEST: Page 126 Upper Los Angeles River Watershed Group , City Clerk APPROVED AS TO FORM: , City Attorney Page 127 Upper Los Angeles River Watershed Group THE CITY OF GLENDALE Dated: CITY OF GLENDALE 0 , Mayor ATTEST: , City Manager Page 128 Upper Los Angeles River Watershed Group APPROVED AS TO FORM: City Attorney Page 1 29 Upper Los Angeles River Watershed Group THE CITY OF HIDDEN HILLS Dated: CITY OF HIDDEN HILLS 0 Steve Freedland, Mayor ATTEST: Cherie L. Paglia, City Manager APPROVED AS TO FORM: Roxanne M. Diaz, City Attorney Page 1 30 • film, Upper Los Angeles River Watershed Group p� 31 Upper Los Angeles River Watershed Group THE CffY OF LACANADA FLINTRIDGE I mcd: CITY OF LA CANADA FLINTRIDGE , Mayor ATTEST: , City Manager APPROVED AS TO FORM: Page 132 Upper Los Angeles River Watershed Group , City Attorney THE CITY OF MONTEBELO Page 133 Dated: CITY OF MONTEBELLO m Christina Cortez, Mayor ATTEST: Daniel Hernandez, City Clerk APPROVED AS TO FORM: Arnold Alvarez- Glasman, City Attorney Upper Los Angeles River Watershed Group Page 134 Upper Los Angeles River Watershed Group CITY OF MONTEREY PARK Date: m Paul Talbot, City Manager ATTEST: Page 1 35 Upper Los Angeles River Watershed Group Vincent D. Chang, City Clerk APPROVED AS TO FORM: mm Karl H. Berger, Assistant City Attorney Page 136 - Upper Los Angeles River Watershed Group CITY OF PASADENA Dated: CITY OF PASADENA , Mayor ATTEST: , City Manager Page 137 Upper Los Angeles River Watershed Group APPROVED AS TO FORM: , City Attomey P 69 j >b Upper Los Angeles River Watershed Group CITY OF ROSEMEAD f)atcd: CITY OF ROSEMEAD m Jeff Allred, City Manager Gloria Molleda, City Clerk Page 139 Upper Los A ngeles River Watershed Group APPROVED AS TO FORM: Rachel H. Richman, City Attorney THE CITY OF SAN GABRIEL Page 140 Upper Los Angeles River Watershed Group Dated: CITY OF SAN GABRIEL Ln Steven A. Preston, City Manager ATTEST: Nina Castruita, Deputy City Clerk APPROVED AS TO FORM: Robert L. Kress, City Attorney Page 141 Upper Los Angeles River Watershed Group P _- e , y Upper Los Angeles River Watershed Group CITY OF SAN MARINO Dated: CITY OF SAN MARINO m Richard Ward, Mayor ATTEST: John Schaefer, City Manager APPROVED AS TO FORM: Steve Dorsey, City Attorney Page 143 • Uppe Los Angeles River Watershed Group THE CITY OF SOUTH PASADENA Dated: CITY OF SOUTH PASADENA Page 144 Upper Los Angeles River Watershed Group BN Sergio Gonzalez, City Manager ATTEST: Sally Kilby, City Clerk APPROVED AS TO FORM: Richard L. Adams II, City Attorney Page 1 45 Upper Los A ngeles River Watershed Group CITY OF THE TEMPLE CITY Date: CITY OF TEMPLE CITY m Cynthia Stemquist, Mayor V "IIESI Page 146 Upper Los Angeles River Watershed Group Peggy Kuo, City Clerk APPROVED AS TO FORM: Deputy City Attomey Page 1 47 tJ "tS+ }R�t =i8li7i A Upper Los A ngeles River Watershed Group LOS ANGELES COUNTY FLOOD CONTROL DISTRICT By Chief Engineer APPROVED AS TO FORM: John F. Krattli County Counsel By: Deputy Date Page 148 Upper Los Angeles River Watershed Group COUNTY OF LOS ANGELES A Gail Farber bate APPROVED AS TO FORM: John F. Krattli County Counsel Deputy Date Page 149 - Uppe L Angeles River Watershed Group EXHIBIT A Table 1. Estimated Consultant Contract Cost Item Total Cost Contract Cost (a) $ 1,448,555.00 City of Los Angeles Contract Management Fee (10 %) (a) X 5 %= (b) $ 144,855.50 SUB -TOTAL COST (a)+(b)=(c) $1,593,410.05 LAFCD Allocation (30 %) (c) x 10 %= (d) $159,341.00 TOTAL COST TO BE DISTRIBUTED (c)- (d) =(e) $1,434,069.05 Note: 1. The Los Angeles Flood Control District ( LAFCO) has committed to contributing 10% of the Total Cost, including contract management fee, as their allocation in the development of the Plans. Table 2. Distribution of Estimated Total Cost eery Acres' ' Percent of Area' Distributed Total COSt Alhambra 4,884.31 1.57% $27,533.16 Burbank 11,095.20 3.57% $51,186.32 Calabasas 4,005.68 1.29% $18,479.71 I Monte 4,580.43 1.47% $21,131.24 Glendale 19,587.50 6.30% $90,364.49 Hidden Hills 1,080.08 0.35% $4,982.81 a Canada Flintridge 5,534.46 1.78% $25,532.54 osAngeles 181,288.00 58.32% $836,349.64 Los Angeles County 40,553.34 13.05% $187,087.79 Page 150 N otice of Upper Los Angeles River Watershed Group Montebello 5,356.38 1.72% $24,710.99 M onterrey Park 4,951.51 1.59% $22,843.18 P asadena 14,805.30 4.76% $68,302.41 R osemead 3,310.87 1.07% $15,274.29 Sa n Gabriel 2,644.87 0.85% $12,201.78 Sa n Marino 2,409.64 0.78% $11,116.57 S outh Pasadena 2,186.20 0.70% $10,085.76 T emple City 2,576.50 0.83% $11,886.36 OTAL 310,850.27 100.00% $1,434,069.05 Note: 1. The areas owned by Caltrans, State Parks, and U.S. Government have been excluded from the total area of the Upper Los Angeles River watershed. 2. Area (acres) determined by GIS analysis as shown in EXHIBIT C 3. Percent Area = Agency Area / Total Area 4. Total Cost = $1,368,884.50 X Agency Percent of Area 5. The City of Hidden HIIIS has asked that 119 acres that are within their jurisdiction, but in the Malibu Creek Watershed, be incorporated into this EWMP /LIMP. Hidden Hills will assume all the Consultant cost Incurred for development of the plans to address this land area. Consultant costs shall not exceed $15,000. Table 3. Cost Allocation Formula Distributed Total Cost = Total Cost Agency Percent of Area Table 4. City of Los Angeles Invoicing Schedule and Invoice Amounts to Parties Page 1 51 Invoice Schedule Distributed Contingency TOTAL COST INCLUDING Agency Jan. 2014 Jul. 2014 Total Cost (10%I CONTINGENCY (a) (b) (a) +(b) =(c) (c)x0.1 =(d) (c) +(d) =(e) �hambra $11,266.58 $11,266.581 $22,533.16 $2,253.32 $24,786.47 Page 1 51 Upper Los A ngeles River Watershed Group urbank $25,593.16 $25,593.16 $51,186.32 $5,118.63 $56,304.96 alabasas $9,239.85 $9,239.85 $18,479.71 $1,847.97 $20,327.68 (Monte $10,565.62 $10,565.62 $21,131.24 $2,113.12 $23,244.37 lendale $45,182.25 $45,182.25 $90,364.49 $9,036.45 $99,400.94 idden Hills' $2,491.41 $2,491.41 $4,982.81 $498.28 $5,481.10 a Canada Flintridge $12,766.27 $12,766.27 $25,532.54 $2,553.25 $28,085.80 os Angeles $418,174.82 $418,174.82 $836,349.64 $83,634.96 $919,984.60 os Angeles County $93,543.89 $93,543.89 $187,087.79 $18,708.78 $205,796.57 ontebello $12,355.50 $12,355.50 $24,710.99 $2,471.10 $27,182.09 onterrey Park $11,421.59 $11,421.59 $22,843.18 $2,284.32 $25,127.49 asadena $34,151.20 $34,151.20 $68,302.41 $6,830.24 $75,132.65 Rosemead $7,637.14 $7,637.14 $15,274.29 $1,527.43 $16,801.72 San Gabriel $6,100.89 $6,100.89 $12,201.78 $1,220.18 $13,421.96 San Marino $5,558.29 $5,558.29 $11,116.57 $1,111.66 $12,228.23 South Pasadena $5,042.88 $5,042.88 $10,085.76 $1,008.58 $11,094.34 Temple City $5,943.18 $5,943.18 $11,886.36 $1,188.64 $13,075.00 LACFD $79,670.50 $79,670.50 $159,341.00 $15,934.10 $175,275.10 TOTAL $717,034.53 $717,034.53 $1,593,410.05 $143,406.91 $1,752,751.06 Note: 1. Contingency Is 10% of the total invoice amount. Contingency will not be Invoiced unless there Is a need for Its expenditure as agreed by all Parties. 2. The invoice schedule will be adjusted once it is determined the amount of Consultant costs that would be assume by the City of Hidden Hills in addressingthe land area outside the LA River watershed. Page 152 • • Upper Los Angeles River Watershed Group EXHIBIT B UPPER LOS ANGELES RIVER WATERSHED EWMP /CIMP GROUP Responsible Agencies Representatives City of Los Angeles Department of Public Works Shahram Kharaghani Bureau of Sanitation, Watershed Protection Division E -mail: Shahram.Kharaghani @Lacity.org 1149 S. Broadway Phone: (213) 485 -0587 Los Angeles, CA 90015 Fax: (213) 485 -3939 County of Los Angeles Department of Public Works Gary Hildebrand Watershed Management Division, 11' Floor E -mail: GHILDEB @dpw.lacounty.gov 900 South Fremont Avenue Phone: (626) 458 -4300 Alhambra, CA 91803 -1331 Fax: (626) 457 -1526 Los Angeles County Flood Control District Department of Public Works Gary Hildebrand Watershed Management Division, 11 Floor E -mail: GHILDEB @dpw.lacounty.gov 900 South Fremont Avenue Phone: (626) 458 -4300 Alhambra, CA 91803 -1331 Fax: (626) 457 -1526 Page 153 No f Intent Upper Los Angeles River Watershed Group City of Alhambra 11 South First Street David Dolphin Alhambra, XA 91801 -3796 E -mail: DDOLPHIN@citvofalhambra.orz Phone: (626) 300 -1571 Fax: City of Burbank P.O. Box 6459 Alvin Cruz Burbank, CA 91510 E -mail: ACruz(aburbankca.aov Phone: (818) 238 -3941 Fax: City of Calabasas 100 Civic Center Way Alex Farassati Calabasas, CA 91302 -3172 E -mail: afarassat!Pcitvofcalabasas -com Phone: Fax: City of El Monte City Hall West - 2 Floor 11333 Valley Boulevard El Monte, CA. 91731 -3293 Page 154 • - Upper Los Angeles River Watershed Group City of Glendale Engineering Section, 633 East Broadway, Room 209 Maurice Oillataguerre Glendale, CA 91206 -4308 E -mail: moillata euerregDci.alendale.ca.us Phone: Fax: City of Hidden Hills, C Joe Beliomo 6165 Spring Valley Road E -mail: ibellomolawilldan.co Hidden Hills, CA 90255 Phone: Fax: City of La Canada Flintridge Edward Hitti 1327 Foothill Blvd. E -mail: EHitt @lcf.ca.Qov La Canada Flintridge, CA 91011 -2137 Phone: Fax: City of Montebello Joe Bellomo 1600 W Beverly Blvd E -mail: ibellomo @wilidan.co Montebello, CA 90640 Phone: Fax: Page 155 Tet-1 Uppe L Angeles River Watershed Group City of Monterery Park Amy Ho 320 West Newmark Avenue E -mail: amho @montereypark.ca.gov Monterrey Park, CA 91754 -2896 Mikki Klee E -mail: mklee @jlha.net Phone: (562) 802-7880 Fax: (562) 802-2297 City of Pasadena Stephen Walker P.O. Box 7115 E -mail: SWalkert@citvofoasadena.net Pasadena, CA 91109 -7215 Phone: (626) 744 -4271 Fax: City of Rosemead, Elroy Kiepke 8838 East Valley Blvd. E -mail: EkieokeCdwilldan.com Rosemead, CA 91770.1787 Phone: Fax: City of San Gabriel Caren Grilley 425 South Mission Avenue E -mail: darilley0sach.ora San Gabriel, CA 91775 Phone: Fax: Page 156 • Upper Los Angeles River Watershed Group City of San Marino 2200 Huntington Drive San Marino, CA 91108 -2691 Kevin Sales E-mail: kisery @aol.com Phone: Fax: City of South Pasadena Shin Furukawa 1414 Mission Street E -mail: SFurukawaCdd .south- oasadena.ca.us South Pasadena, CA 91020 -3298 Phone: (626) 403 -7246 Fax: City of Temple City Mark Persico 9701 Las Tunas Drive E -mail: mpersico @tempiecity.us Temple City, CA 9178 Mikki Klee E -mail: mkiee @jlha.net Phone: (562) 802 -7880 Fax: (562) 802-2297 EXHIBIT C UPPER LOS ANGELES RIVER WATERSHED EWMP /LIMP GROUP Page 157 `s Upper Los Angeles River Watershed Group SVUDEO SPEaaJbi VSE HJ CAL!JUT +:Y! '1'r W o l Oi An eks Watniad ovp partklpmh9lnthhflVMp eursEAU or snRITUTron Agmcr Area lacresl nercmtArea LEGEND bom 6ra Alhambra 08t{0.31 15]% Burbank 11,095.20 357% Calabasas 4,005.6$ 1.29% City of ins Angeles 18 28800 5632% I! Monte 4,58043 ]A]% Glendale 19587.50 636% Hidden Hills LOBOLOB 03s% to Cards Flintdd a 5,534.46 1.78% WS Angeles County 553.34 134,5% Montebello 5,356,30 1.72% Monterey Park 4,95151 15916 Pasadena 14,805.30 4.76% Rosemead 3310.87 107% 660.87 025% 2,409.66 0.7011 186.10 0.10% M 57650 0.63% 3164,5027 100% r_:l 4 6 EWMP Agencies _ e48glsc.7Atuvu eursEAU or snRITUTron aFwwa%Iwwraowx �y 2�_G��IL � LEGEND � Los Angeles River ' Upper LOS Angeles Upper LA Watershed Group TYMrYYMM4P PP.Mra Ye Pr Yr t_.. _: Watershed Boundary ParbapaOng in this EWMP IMN%EY Flood Control b Upper IA Watershed Agencies not District Boundary LLNW1PaPMwM Participating In this EWMP 4 6 EWMP Agencies Page 158 _ e48glsc.7Atuvu eursEAU or snRITUTron aFwwa%Iwwraowx �y 2�_G��IL � anarca ntocaau%uuaer ' WE TYMrYYMM4P PP.Mra Ye Pr Yr � IMN%EY OCb.4paY' b PPrlrMPMYaapPwPM . ea MwOfl LLNW1PaPMwM N1 PuMWPIMYM OrNYw ». fl,Plp AyrM PBOTE ION AIM 65TEREVSED Page 158 Upper Los Angeles River Watershed Group Attachment 3 - Sign Letters of Intent Page 1 59 Uppe Los Angeles River Watershed Group Attachment 4 - Structural BMP Fact Sheet Page 160 Upper Los Angeles River EWMP Group Attachment 6 Brandon Street and Green Street Improvements Project Regulatory Background The Brandon Street and Green Street Improvements Project area drains to Eaton Wash which is tributary to Rio Hondo and then to the Los Angeles River. The Los Angeles River has Total Maximum Daily Load (TMDL) regulations for Trash, Nutrients, Metals, and Bacteria. Location The project consists of 0.55 miles of street improvements on Brandon and Green Streets in the unincorporated area of East Pasadena. The surrounding area is predominantly residential with some commercial uses. Environmental Benefits The project will reconstruct pavement on Brandon Street from 510 feet west of Madre Street to Lotus Avenue and Green Street from 470 feet west of Madre Street to 350 feet east of Madre Street. The design includes porous pavers, porous concrete gutters and sidewalk, storm water planters, and a modular storage retention basin. Approximately 5,800 feet of bioretention planter boxes (bioswales) will be constructed along both sides of Green Street. In addition, an underground infiltration basin system will be installed at the cul -de -sac area with a storage capacity of 3,570 cubic feet. Trees and drought - tolerant plants will also be added throughout the project. The runoff from the streets and private properties that drains into Rio Hondo will drain to the infiltration area. The water will be returned to the ground along with potential sources of pollutants from the streets, thus improving the water quality of Rio Hondo and the Los Angeles River. Schedule Award December 2013 Construction Spring 2014 Cost The construction cost is estimated to be $2.9 million. BIN Project Location PROJECT DESCRIPTION ENVIRONMENTAL SETTING The Humboldt Neighborhood Greenway Project is located in the Lincoln Heights neighborhood within the northeastern part of the City of Los Angeles. d The project site currently consists of 1.15 acres total area which includes an unpaved portion of the Humboldt Street right of way between 18th j! and 19th Avenue along with four city owned vacant parcels (0.3 acres). The project will intercept and treat street level flows from the Humboldt and Avenue 19 intersection area through a bio -swale within the plaza and storm drain day - lighting as both an aesthetic and functional feature that will help to alleviate local - street flooding. The project will also include a fenced area for public use that supports enhanced native habitats along the LA River corridor and will integrate native plant materials within a constructed topography that features signage, trails, passive recreation and an open plaza on site frontage at 19th Street This project will enhance water quality, provide a natural habitat and community recreational opportunities, and promote the idea that urban streams are a valuable resource to be enjoyed rather than a nuisance to be constructed underground. DESCRIPTION OF BMP This project consists of intercepting an existing storm drain system and constructing a stormwater greenway with a "stream" eco- system through the corridor on Humboldt Street with a pedestrian path connecting Avenue 18 and Avenue 19. The elements include a pollution reduction /infiltration system and an approximately 175 -foot long graded swale /open - channel, which is surrounded by a vegetated basin. Work also includes a) an overflow structure; b) a pedestrian bridge; c) an irrigation system; d) landscaping and COST The project is estimated to cost approximately $4.5 million, which includes administration, design and construction management, construction, and optimization phase. This project is projected to result in an annual increase of approximately $50,000 in operation and maintenance to the City. UIr VrA.1 _ M1CITw -• W.Y �rwfe. 1 .♦ r .. �I�� _ �. Na urVgYr smir....ur s..e nlN.noi, oiv.me. slrN.wn Rwr Linr � \ NyJrvEyn.m4 Lpnler ',1�iv `H y.O LOT ST0.EE _ Jx � P q SOrIT.11x ml4tlbn v,vn Oaneplp PROJECT SCHEDULE AND COST SCHEDULE Construction of the project commenced in the Winter of 2012, with an anticipated duration of 14 to 16 months. The project schedule is shown below. Project Schedule construction Post - Construction Watershed Protection Division Department of Public Works Bureau of Sanitation City of Los Angeles Upper Los Angeles River Watershed Group Attachment S — Specific actions and status for compliance with interim and final milestones of the Upper Los Angeles River Watershed Trash TMDL Los Angeles County of Los Angeles Install Full Capture Systems or Completed River Trash other BMPs to reduce baseline by TMDL 80% 2007 -012 Install Full Capture Systems or Completion anticipated by other BMPs to reduce baseline by September 30, 2014 90% Install Full Capture Systems or Completion anticipated by other BMPs to reduce baseline by September 30, 2015 96.7% Install Full Capture Systems or other BMPs to reduce baseline by Completion anticipated by 100% September 30, 2016 Monterey Park has chosen to conduct Daily Generation Rate (DGR) studies to demonstrate compliance with the Trash TMDL. John L. Hunter and Associates (JLHA) has conducted five DGR studies for Monterey Park since 2008. The 2012 studies demonstrate that the city of Monterey Park has met at least a 94% compliance level. This year, JLHA will be conducting a 6' DGR study for Monterey Park. The city has installed approximately 148 full capture CPS inserts in high generating trash areas (commercial and industrial areas). Compliance reports have been submitted to the Los Angeles Regional Water Quality Control Board (Regional Board) every year after completion of the DGR studies. The intention of such studies is to demonstrate to the Regional Board that the city is within established levels of the scheduled waste load allocations and has met stormwater discharge compliance requirements. Page 1 63