TO:
Honorable Mayor and Members of the City Council
THROUGH:
Talyn Mirzakhanian, City Manager
FROM:
Erick Lee, Public Works Director
Jeff Page, Utilities Manager
SUBJECT:Title
Consideration of a Resolution Approving Amendment No. 2 to the Memorandum of Understanding with the Beach Cities Watershed Management Group for Continued Implementation of the Storm Water Coordinated Integrated Monitoring Program, a Resolution Approving Amendment No. 3 to the Agreement with Geosyntec Consultants, Inc., for $469,900 for Related Services, and a Resolution Approving Amendment No. 3 to the Agreement with McGowan Consulting LLC for $118,510 for Storm Water Coordination and Implementation Compliance Activities (Budgeted) (Public Works Director Lee).
ADOPT RESOLUTION NOS. 25-0070, 25-0071, AND 25-0072
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RECOMMENDATION:
Staff recommends that the City Council:
a) Adopt Resolution No. 25-0070 approving Amendment No. 2 to the Memorandum of Understanding (MOU) between the cities of Manhattan Beach, Torrance, Redondo Beach, and Hermosa Beach and Los Angeles County Flood Control District (collectively, the Beach Cities Watershed Management Group or Beach Cities WMG) for continued implementation of the Beach Cities Coordinated Integrated Monitoring Program (CIMP).
b) Adopt Resolution No. 25-0071 approving Amendment No. 3 to the agreement with Geosyntec Consultants, Inc., for $469,900 for Beach Cities CIMP Implementation on behalf of the Beach Cities WMG;
c) Adopt Resolution No. 25-0072 approving Amendment No. 3 to the agreement with McGowan Consulting LLC for $118,510 for CIMP Coordination services on behalf of the Beach Cities WMG; and
d) Authorize the City Manager to execute the agreements, noting that Manhattan Beach’s total net expenses for the program will be $52,596 for Fiscal Year 2025-2026.
FISCAL IMPLICATIONS:
There are two one-year agreements proposed, including a $469,900 Geosyntec, Inc., agreement and a $118,510 McGowan Consulting LLC agreement. The City of Manhattan Beach’s combined share under both agreements is $107,544.
However, as the program administrator of these agreements, the City of Manhattan Beach’s expenses will be offset by $64,725 (less $9,777 of Manhattan Beach’s own portion) in Administrative Cost reimbursements from the remaining Beach Cities WMG agencies. This brings the City’s total net expenditures under the proposed amended MOU to $52,596 for monitoring and related storm water activities for Fiscal Year 2025-2026. Sufficient funds are available in the Storm Drain Maintenance Fund for these expenses. A Budget and Expenditures Summary outlining the total project costs and each agency’s share of the total is attached as Exhibit A to the MOU Amendment No. 2.
BACKGROUND:
Attachment E of the Regional Phase I MS4 NPDES Permit - Order No. R4-2021-0105 NPDES Permit No. CAS004004 Waste Discharge Requirements and National Pollutant Discharge Elimination System (NPDES) Permit for Municipal Separate Storm Sewer System (MS4) Discharges within the Coastal Watersheds of Los Angeles and Ventura Counties (Regional Permit) requires Permittees to implement a Monitoring and Reporting Program to meet the following objectives:
1. Assess the chemical, physical, and biological impacts of storm water discharges on surface and receiving water quality;
2. Assess compliance with receiving water and outfall-based pollutant limitations;
3. Characterize pollutant loads in storm water discharges;
4. Identify sources of pollutants in storm water discharges; and
5. Measure and refine the effectiveness of pollutant controls implemented under the Beach Cities Watershed Management Program (WMP).
The Beach Cities Watershed Management Group implements the Beach Cities Coordinated Integrated Monitoring Program to comply with the Monitoring and Reporting provisions of the Regional Permit. Key elements of the CIMP include: receiving water monitoring; stormwater (wet weather) outfall-based monitoring; non-stormwater (dry weather) outfall-based monitoring; and an annual monitoring report and semi-annual data submittals and watershed progress reports (June 15 and December 15). The CIMP was originally developed in 2015, updated in 2018, and most recently revised in March 2023 to incorporate new and updated provisions of the Regional Permit.
On April 12, 2016, the Beach Cities WMG entered into an MOU to cooperatively fund implementation of the CIMP and coordination of the Beach Cities joint activities including preparation of semi-annual watershed progress reports, which are performed by consultants under separate contracts administered by the City of Manhattan Beach. The current Amendment No. 1 to this MOU is set to expire on December 31, 2025, unless further amended. Furthermore, the consultant contracts for performing services under the CIMP MOU will expire on June 30, 2025.
DISCUSSION:
The MOU regarding the administration and cost sharing for coordination and implementation of the CIMP originally expired on December 31, 2018. The term of the MOU was then extended for two additional years by the unanimous written concurrence of the parties to the MOU, until December 31, 2020. Amendment No. 1 of the MOU extended the term through December 31, 2023, with two optional 1-year extensions. These extensions were both effected through the written concurrence of all parties to the MOU, and the term is now set to expire on December 31, 2025.
Approval of this Amendment No. 2 of the MOU is now required to extend the term through December 31, 2026, incorporate additional services, and authorize increased costs necessary to carry out the revised Beach Cities CIMP. Amendment No. 2 of the MOU includes two optional one-year extensions which can be elected upon unanimous written consent of all parties.
The MOU provides for the hiring of a CIMP Implementation Consultant (Geosyntec) to carry out the monitoring and annual reporting requirements of the CIMP and a CIMP Coordination Consultant (McGowan Consulting) to assist the Beach Cities WMG in joint implementation activities, provide technical and regulatory review of the CIMP Implementation deliverables, and prepare semi-annual watershed progress reports. The CIMP MOU further provides for the parties to contribute funds to the City of Manhattan Beach who will act as the contract administrator on behalf of the Beach Cities WMG.
The City received updated proposals for CIMP Implementation and CIMP Coordination from Geosyntec and McGowan Consulting, respectively. Both consultants have been performing this work since the inception of the Beach Cities CIMP in 2015, and their familiarity and experience working with the Beach Cities WMG make them highly qualified to continue performing this work.
The basis for cost sharing of CIMP Implementation and Coordination cost is summarized in Table 2 of Exhibit A of the attached MOU Amendment No. 2 and is based on each agency’s proportionate area within the Beach Cities CIMP total area. Having no jurisdiction over land use, but in consideration of its role as a co-Permittee of the Regional Permit and its responsibility for operation of significant portions of the storm drain system, the Los Angeles County Flood Control District contributes a 5% flat-rate share of the CIMP Implementation and Coordination total cost. The City of Manhattan Beach’s proportionate area is 15.9% and is the basis for calculating its share of the total cost. In addition, the City receives a 10% administrative fee from the other parties for managing the MOU and administering the CIMP Implementation and CIMP Coordination contracts.
In summary, staff recommends that City Council approve the following:
• MOU Amendment No. 2 between the Beach Cities WMG agencies
• Amendment No. 3 to the agreement with Geosyntec for $469,900
• Amendment No. 3 to the agreement with McGowan Consultants, LLC for $118,510
PUBLIC OUTREACH:
After analysis, staff determined that public outreach was not required for this issue.
ENVIRONMENTAL REVIEW:
The City has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary.
LEGAL REVIEW:
The City Attorney has approved the agreements as to form.
ATTACHMENTS:
1. Resolution No. 25-0070
2. Amendment No. 2 - MOU: Beach Cities Watershed Management Group
3. MOU and Amendment No. 1 - Beach Cities Watershed Management Group
4. Resolution No. 25-0071
5. Amendment No. 3 - Geosyntec Consultants, Inc.
6. Agreement and Amendment Nos. 1 and No. 2 - Geosyntec Consultants, Inc.
7. Resolution No. 25-0072
8. Amendment No. 3 - McGowan Consulting, LLC
9. Agreement and Amendment Nos. 1 and No. 2 - McGowan Consulting, LLC
10. CIMP Implementation Costs Through June 30, 2026