TO:
Honorable Mayor and Members of the City Council
THROUGH:
Mark Danaj, City Manager
FROM:
Tony Olmos, Public Works Director
Raul Saenz, Utilities Manager
SUBJECT:Title
Approve a Three-year Memorandum-Of-Understanding Between the Beach Cities Watershed Management Group for Implementation of the Coordinated Integrated Monitoring Program (Public Works Director Olmos).
APPROVE
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Recommended Action
RECOMMENDATION:
Staff recommends that the City Council:
1. Approve a three-year Memorandum-Of-Understanding (MOU) between the Beach Cities Watershed Management Group (Beach Cities) for implementation of the Coordinated Integrated Monitoring Program (CIMP) with the option to extend for an additional two years, and
2. Authorize the City Manager to execute the MOU.
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FISCAL IMPLICATIONS:
On August 4, 2015, City Council approved a professional services agreement with McGowan Consulting in the amount of $121,360. This fee included professional services specific to the City of Manhattan Beach’s storm water program ($61,300), and also included services to be performed on behalf of the Beach Cities ($60,060). The services to the Beach Cities included the development of this MOU, coordinating the procurement of professional services for CIMP Implementation services, and providing CIMP Coordination services through FY17/18.
The proposed McGowan Consulting’s fee for CIP Coordination for the Beach Cities is $240,000 over the next three years (Task 7 of Attachment 1). Per this MOU, the Beach Cities would split the cost of these services as a function of the percentage of total CIMP area that each agency covers. In addition, the Beach Cities would also pay the City of Manhattan Beach a 5% fee for administration of the contract. Since the existing McGowan Consulting agreement does not have sufficient authority to fully provide the required services for all three years, staff will prepare an amendment to their agreement for consideration by City Council at a subsequent City Council meeting.
On April 5, 2016, the City Council will also consider approving an agreement with Geosyntec Consultants, Inc. for CIMP Implementation in the amount of $1,010,497 for the next three years under a separate City Council item.
In summary, the Total cost-share calculated for the City of Manhattan Beach per this MOU is the sum of the mentioned cost-share towards the cost of the CIMP Coordination (McGowan Consulting) and CIMP Implementation (Geosyntec Consultants) plus a 10% contingency. The Total amount will not exceed $73,877 in FY15/16, $68,326 in FY16/17 and $70,570 in FY17/18 (Table 2 of Exhibit A of the MOU).
Funds to cover the initial $73,877 are budgeted in the FY15/16 Public Works Department’s Storm Drain Maintenance Operating Budget. Funds for the remaining fiscal years, will be budgeted in the applicable future fiscal years.
BACKGROUND:
The National Pollutant Discharge Elimination System permit (Permit) identifies conditions, requirements and programs that municipalities must meet to protect regional water resources from adverse impacts associated with pollutants in stormwater and urban runoff as mandated by the Federal Clean Water Act and the California Porter-Cologne Act. The Permit requirements include a monitoring and reporting program for Municipal Separate Storm Sewer System Discharges within the Coastal Watersheds of Los Angeles County, which apply to the Beach Cities. The monitoring program requirements provide the flexibility for Permittees to coordinate monitoring efforts on a watershed or sub-watershed basis to increase cost-efficiency and effectiveness and to align the CIMP with the Enhanced Watershed Management Program (EWMP).
With the approval of the Los Angeles Regional Water Quality Control Board (Regional Board), the Beach Cities have been working cooperatively through an MOU approved by Council on December 12, 2013 to develop a CIMP for the Beach Cities. On September 24, 2015, a final CIMP satisfying Regional Board approval conditions was submitted. The CIMP implementation will lead to the Beach Cities’ Permit compliance through the sampling, monitoring and data analysis of stormwater impacts on ocean waters from stormwater events and dry weather non-stormwater discharges.
DISCUSSION:
This MOU outlines the roles and responsibilities for the Beach Cities as related to the coordination and implementation of CIMP. In particular, the MOU addresses the need and cost-share for professional services to be provided by McGowan Consulting and Geosyntec Consultants, Inc. McGowan Consulting would be used as the CIMP Coordination Consultant to assist the Beach Cities in watershed planning and coordination. Geosyntec Consultants, Inc. would be used as the CIMP Implementation Consultant to actually implement the sampling, monitoring and data analysis of stormwater impacts on ocean waters from stormwater events and dry weather non-stormwater discharges as required by CIMP.
This MOU requires Beach Cities to contribute funds to the City of Manhattan Beach, who will act on behalf of the Beach Cities to contract with the CIMP Coordination Consultant and CIMP Implementation Consultant. An administration fee of 5% will be paid to the City of Manhattan Beach by the Beach Cities to compensate the City for the cost of administering the contracts. The City of Manhattan Beach is also being credited for the upfront cost of developing the CIMP Implementation Request-for-Proposals and this MOU.
The basis for cost sharing of CIMP Implementation and Coordination is illustrated in Tables 1 and 2 of Exhibit A of the MOU. Having no jurisdiction over land use, but in consideration of its role as a co-Permittee and its responsibility for operation of significant portions of the storm drain system, the Los Angeles County Flood Control District (LACFCD) has agreed to assume a 5% share of the CIMP Implementation and Coordination Total Cost. This is consistent with LACFCD’s CIMP cost-sharing agreements with other watershed management groups under the Permit. Each of the Beach Cities is allocated a percentage share of the remaining Total Cost, after subtraction of the LACFCD 5% cost share, based on each city’s respective land area within the CIMP area.
For the City of Manhattan Beach, this share is 16% of the Distributed Total Costs, as shown in Table 2 of Exhibit A of the MOU. The costs to the City will not exceed $73,877 in FY15/16, $68,326 in FY16/17 and $70,570 in FY17/18.
In a separate agenda item tonight (CON 0007), Council will be asked to approve a contract with Geosyntec Consultants, Inc. for CIMP Implementation that will address Tasks 1 through 6 in Exhibit A of this MOU.
PUBLIC OUTREACH:
To date, the Beach Cities has hosted two public outreach workshops to inform the community on the Permit requirements. The first workshop, which addressed the planned approach for the EWMP development was held in May, 2014 in the City of Manhattan Beach. The second workshop, which presented the Draft EWMP, was held in May, 2015 in the City of Redondo Beach.
ENVIRONMENTAL REVIEW:
An environmental review will be conducted at the time of implementation of each individual project within the CIMP and EWMP tributary areas
LEGAL REVIEW
The CIMP Implementation MOU was reviewed by the Beach Cities’ respective attorneys and was approved as to form.
ATTACHMENT:
1. MOU Beach Cities WSMG Re Admin Cost Sharing for Watershed Coordination & Implementation of CIMP
2. Power Point Presentation