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SR 10-09-2018 3E City Council Report City Council Meeting: October 9, 2018 Agenda Item: 3.E 1 of 4 To: Mayor and City Council From: Susan Cline, Director, Public Works, Office of Sustainability & the Environment Susan Cline, Director, Public Works Department Subject: Authorization to Include Development and Implementation of Annual Trash Monitoring Plan in Memorandum of Agreement with the City of Los Angeles Recommended Action Staff recommends that the City Council authorize the Memorandum of Agreement with the City of Los Angeles to include the development and implementation of an annual trash monitoring plan. Summary As one of the cities that drains into the Ballona Creek watershed, the City is obligated to comply with the National Pollution Discharge Elimination Systems (NPDES) permit requirements to reduce pollution from runoff there. NPDES permit requirements include coordinated integrated monitoring plans to collect data and demonstrate compliance with water quality objectives. The City is obligated to share the costs associated with implementing the coordinated integrated monitoring plan, specifically the trash monitoring costs. Council approved a five-year $16,946 cost-sharing Memorandum of Agreement (MOA) with the City of Los Angeles on May 8, 2018 for water quality monitoring. The May 8th staff report did not specifically include annual trash monitoring services in its list of MOA activities. Staff is requesting that Council include annual trash monitoring services within the list of responsibilities outlined in the MOA. The cost for this work was already included in the MOA approved by Counc il on May 8, 2018. Therefore, no additional funds are being requested as part of this recommendation. Discussion The Federal Clean Water Act (CWA) requires the California Regional Water Quality Control Board, Los Angeles Region (Board) to develop water quality standards that 2 of 4 protect beneficial uses, such as habitat, swimming, fishing, and drinking water, for each water body found within its region. The Ballona Creek Watershed has been included on California’s Section 303(d) list of water bodies that do not meet water quality standards since 1998 due to impairments by bacteria, trash, organic chemicals and metals. Section 303(d) of the CWA requires the establishment of Total Maximum Daily Loads (TMDLs) for each of those water bodies. A TMDL represents an amo unt of pollution that can be released by human activity and natural sources into a specific water body without causing a decline in water quality and beneficial uses. The Board has adopted multiple TMDLs for these pollutants since 2003 to address these impairments. The City Council approved the Ballona Creek MOAs for cost-sharing monitoring for bacteria, metals, and toxics in July 2009, and the City has been sharing costs ever since. In accordance with these TMDLs, the City of Los Angeles submitted a coordinated integrated monitoring plan for compliance with the TMDLs on behalf of the cities that drain into the Ballona Creek watershed. The City of Los Angeles is responsible for performing all required monitoring and reporting to the Board and invoices the City of Santa Monica annually for its share of monitoring costs. Council authorized the City Manager to execute a five-year $16,946 MOA with the City of Los Angeles in May 2018, for Ballona Creek monitoring, which included specific responsibilities. The trash monitoring responsibility was not specifically delineated in the original May 8th staff report but is included in the cost breakdown, with first year costs at $4,056, followed by four annual charges of $56. A minimal contingency amount of $28 would also be set aside. The trash monitoring services MOA language would include the following:  Trash Monitoring Services: The City agrees to collaboratively develop with the City of Los Angeles and implement a Trash Monitoring Reporting Plan (TMRP) to meet the monitoring requirements of the amended Ballona Creek Trash TMDL. The City will contribute to the City of Los Angeles performing the Trash Monitoring Services in accordance with the TMRP and applicable provisions of the MS4 Permit. Any changes to the Trash Monitoring Services 3 of 4 or TMRP as a result of new requirements of the Board will require approval by all parties. The MOA five-year budget for the TMRP and monitoring are listed below by fiscal year: Fiscal Year Budget 18/19 $4,056 19/20 $ 56 20/21 $ 56 21/22 $ 56 22/23 $ 56 Contingency $ 28 Total $4,308 The $4,308 budget is based upon the amount of land area within the City of Santa Monica that drains to Ballona Creek. This land area represents 0.28% of the Ballona Creek watershed. Past Council Actions 05/08/18 (Attachment A) Cost-sharing MOAs with the City of Los Angeles for coordinated integrated monitoring plan and trash monitoring plan Financial Impacts & Budget Actions There is no immediate financial impact or budget action necessary as a result of recommended action. Prepared By: Neal Shapiro, Senior Sustainability Analyst Approved Forwarded to Council 4 of 4 Attachments: A. May 8, 2018 Staff Report REFERENCE: Agreement No. 10761 (CCS)