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SR-08-13-2013-3LCity Council Report City of Santa Monied City Council Meeting: August 18, 2013 Agenda Item: 3-t_ To: Mayor and City Council From: Martin Pastucha, Director of Public Works Subject: Execute Cost Sharing Memoranda of Understanding to Develop Enhanced Watershed Management Programs for the Ballona Creek and Santa Monica Bay Watersheds Recommended Action Staff recommends that the City Council: 1. Authorize the City Manager to negotiate and execute a Memorandum of Agreement with the Cities of Los Angeles, El Segundo, Los Angeles County Flood Control District and the County of Los Angeles to share the cost of developing an Enhanced Watershed Management Program (EWMP) for Jurisdictional Groups 2 & 3 of the Santa Monica Bay watershed. The total cost share for the City's participation in the preparation of the Jurisdictional Group 2 & 3 Santa Monica Bay EWMP is $205,405 (includes a 10% contingency). 2. Authorize the City Manager to negotiate and execute a Memorandum of Agreement with the Cities of Los Angeles, Beverly Hills, Culver City, Inglewood, West Hollywood, Los Angeles County Flood Control District and the County of Los Angeles to share the cost of developing an Enhanced Watershed Management Program (EWMP) for the Ballona Creek watershed. The total cost share for the City's participation in the preparation of the Ballona Creek EWMP is $3,834 (includes a 10% contingency). Executive Summary The Los Angeles Regional Water Quality Control Board adopted the new Waste Discharge Requirements for Municipal Separate Storm Sewer Systems (MS4) Discharges within the Coastal Watersheds of Los Angeles County, except those Discharges Originating from the City of Long Beach MS4 (Permit) on November 8, 2012. The Permit went into effect on December 28, 2012. Permit compliance may be obtained through the implementation of EWMPs. The City of Santa Monica discharges runoff to the Ballona Creek and Santa Monica Bay watersheds. The estimated Santa Monica shares of cost for preparation of the Ballona Creek EWMP and Jurisdictional Group 2 & 3 Santa Monica Bay EWMP are $3,834 and $205,405, respectively. It is recommended that the City participate in the development of each EWMP. 1 Background The Federal Clean Water Act (CWA) requires the Los Angeles Regional Water Quality Control Board (Board) to develop water quality standards that identify beneficial uses, and criteria to protect beneficial uses for each water body found within its region. Beneficial uses include swimming, fishing, drinking water, navigability, and wildlife habitats and reproduction. CWA section 402 requires the issuance of a permit to regulate municipal storm water discharges. On November 8, 2012, the Board adopted the Permit with an effective date of December 28, 2012. The Permit covers the Los Angeles County Flood Control District, the County of Los Angeles, and eighty -four incorporated cities in Los Angeles County, including the City of Santa Monica. Discussion The Permit provides its permittees with several compliance options. Compliance can be obtained through four options ranging from minimum control measures to varying watershed program levels. The fourth option, an Enhanced Watershed Management Program (EWMP), involves collaboration of multiple jurisdictions within a watershed, subsequently encouraging the pooling of resources. It provides the participating permittees with a longer and more realistic time frame to develop a comprehensive plan that would be expected to improve water quality through the planning and implementation of multi- benefit, regional projects in the watershed area. These multi - benefit, regional projects would be designed to retain all storm water runoff from the 85th percentile 24 -hour storm event from the drainage areas tributary to the projects, while also achieving other benefits such as flood control and water supply. The EWMP is the only option that affords the participating permittees full compliance with the final water quality based effluent limitations (WQBEL) for those drainage areas tributary to the multi- benefit, regional projects. This means that regardless of any monitoring data collected at the outfall, the implementation of a multi- benefit project, as proposed in an 2 EWMP, would render the drainage area tributary to the project compliant with the final WQBEL. Staff believes the most cost effective and efficient means to achieve desired result in through the participation of all contributing agencies to a joint resolution. Most of the runoff from the City's 8.1 square -mile area discharges into the Santa Monica Bay. About 0.3 square miles of the City's land area drains to the Ballona Creek. The City would subsequently participate in a separate EWMP for each watershed. Participants in the Jurisdiction 2 & 3 Santa Monica Bay EWMP would include Los Angeles County Flood Control District, Los Angeles County, and the cities of Los Angeles, El Segundo, and Santa Monica. The cost to prepare the EWMP is estimated at $1,050,000. Based on land area percentage, the City of Santa Monica's one -time cost share would be $205,405. Participants in the Ballona Creek EWMP would include Los Angeles County Flood Control District, Los Angeles County, and the cities of Los Angeles, Beverly Hills, Culver City, Inglewood, West Hollywood and Santa Monica. The cost to prepare the EWMP is estimated at $1,317,050. Based on land area percentage, the City of Santa Monica's one -time cost share would be $3,834. The City of Los Angeles would lead the coordination effort to prepare both EWMPs with the assistance of a consultant team and the other participating permittees. Next Steps A fully executed Memorandum of Understanding between the participating permittees for each watershed is due to the Board on December 28, 2013. A draft EWMP is due for submission to the Board on June 28, 2015, while implementation must start on April 28, 2016. N Financial Impacts & Budget Actions The total cost share for the City's participation in the preparation of both EWMPs for the Ballona Creek and Santa Monica Bay Watersheds is $209,239 (includes a 10% contingency). Funds are available in the FY 2013 -14 budget in division 06402 at the following accounts: 06402.555060 Professional Services $109,239 06402.555010 Contractual Services $100,000 Total available funds $209,239 Prepared by: Rick Valte, PE, Principal Civil Engineer roved: Ma in Pastucha Director of Public Works V Forwarded to Council: Rod Gould City Manager Reference: Agreement Nos. 9781 & 9782 (CCS)