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SR 12-15-2020 3D City Council Report City Council Meeting: December 15, 2020 Agenda Item: 3.D 1 of 4 To: Mayor and City Council From: Susan Cline, Director, Public Works, Engineering and Street Services Subject: Adoption of Resolution to Accept the Regional Fund Transfer of Safe, Clean Water Program (Measure W) Funds Recommended Action Staff recommends that the City Council: 1. Adopt the attached resolution to accept the regional fund transfer of Safe, Clean Water (Measure W) funds from the County of Los Angeles Flood Control District; 2. Authorize the City Manager or designee to negotiate and execute agreements to receive the funds; and 3. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report. Summary The Safe, Clean Water (SCW) Program was approved by Los Angeles County voters on November 6, 2018. The SCW Program, also referred to as Measure W, authorized the Los Angeles County Flood Control District (District) to levy a special tax annually on parcels within the District, which includes the City of Santa Monica. The funds collected are used for the implementation and maintenance of stormwater infrastructure projects. Under the SCW Program, 50% of the funds are allocated to regional projects, 40% are allocated to municipalities as local return, and 10% are allocated to the District for administration. The funds for regional projects are awarded through a competitive grant application process. The City submitted a grant application to the District for the Sustainable Water Infrastructure Project (SWIP) and was awarded $7.5 million over the next three fiscal years. Staff recommends that City Council adopt the attached resolution (Attachment A) authorizing the City Manager to execute the necessary agreements with the District to accept the regional fund transfers. 3.D Packet Pg. 139 2 of 4 Discussion Staff submitted a grant request application for SWIP to the Los Angeles County Flood Control District (District) on December 15, 2019 requesting $7.5 million of regional program funds from the District’s Safe, Clean Water Program. Numerous agencies submitted a total of ten applications for Infrastructure Program funding and the District preliminarily ranked nine infrastructure projects to continue through the scoring process. As the scoring process unfolded over several meetings, SWIP remained in the pool of potentially funded projects. On October 13, 2020, the Los Angeles County Board of Supervisors approved the final list of approved grant applications and SWIP was awarded $7.5 million. The SWIP project will construct a new 1.5 million gallon capacity harvesting tank for stormwater and urban runoff collection and a new 1 million gallon-per-day production capacity advanced water treatment facility to treat a combination of wastewater and stormwater for non-potable reuse (e.g. irrigation, toilet flushing) and groundwater recharge. SWIP will also upgrade the existing Santa Monica Urban Runoff Recycling Facility with a new reverse-osmosis process to treat urban runoff and stormwater for non-potable reuse and groundwater recharge. The total SWIP project budget of $95.9 million remains unchanged at this time. The SCW Program grant funds of $7.5 million would replace existing funding of $7.5 million in budgeted construction costs at the Clean Beach and Ocean Parcel Tax (16), Wastewater (51), and Stormwater (52) Funds over the next three fiscal years. The overall scope and cost of the SWIP Project has not increased; the SCW Program grant would allow the City to implement similar water quality improvement projects in the future or reduce debt obligation. The grant would be disbursed in $2.5 million increments over three fiscal years: FY 2020-21, FY 2021-22, and FY 2022-23. The City Council previously authorized the City Manager to execute an agreement to receive the annual transfer of municipal funds from the Safe, Clean Water Program. Those funds are disbursed annually and not through a competitive, one-time grant process. 3.D Packet Pg. 140 3 of 4 Past Council Actions Meeting Date Description 09/10/19 (Attachment B) Approval of the SWIP design/build contract guaranteed maximum price amendment 08/25/20 (Attachment C) Resolution to accept the annual municipal fund transfer from the SCWP Financial Impacts and Budget Actions Staff seeks authority to accept a grant from Los Angeles County Flood Control District’s Safe, Clean Water Program, appropriate funding, and recommends the following budget changes. FY 2020-21 Grant Budget Changes Establish Revenue Budget Appropriate Funds Account Number Amount Account Number Amount 16500001.405681 $2,500,000 C1606950.689280 $2,500,000 Total $2,500,000 Total $2,500,000 An equivalent reduction in Capital Improvement Program budgets appropriated at accounts in the Clean Beach and Ocean Parcel Tax (16), Wastewater Funds (51) and Stormwater (52) Funds would occur once the grant award is received. Grant funds received in future fiscal years would be appropriated during their respective Council budget adoptions. Prepared By: Curtis Castle, Principal Civil Engineer Approved Forwarded to Council 3.D Packet Pg. 141 4 of 4 Attachments: A. September 10, 2019 Staff Report B. Resolution 11281 C. Proposed Resolution 3.D Packet Pg. 142 City Council Report City Council Meeting: September 10, 2019 Agenda Item: 8.A 1 of 13 To: Mayor and City Council From: Susan Cline, Director, Public Works, Engineering and Street Services Subject: Approval of the Sustainable Water Infrastructure Project (SWIP) Design/Build Contract Guaranteed Maximum Price Amendment Recommended Action Staff recommends that the City Council: 1. Authorize the City Manager to negotiate and execute a Guaranteed Maximum Price amendment to Design-Build Agreement No. 10736 (CCS) in the amount not to exceed $84,973,490 (including $6,050,000 City contingency) with Kiewit Infrastructure West Co., a Delaware-based company, for the construction phase of the Sustainable Water Infrastructure Project for the Public Works Department for a new total amount not to exceed $92,473,490. 2. Authorize the Director of Public Works to issue any necessary change orders and contract modifications to complete additional work within the contract authority. 3. Authorize the City Manager to negotiate and execute a first modification to Professional Service Agreement No. 10541 (CCS) in the amount of $1,090,080 with Stantec Consulting Services, an Edmonton, Canada-based company, to provide additional owner’s engineer services and construction inspection services for the Public Works Department. This will result in a five-year agreement with a new total amount not to exceed $2,740,000, with future year funding contingent on Council budget approval. 4. Authorize the City Manager to accept and execute the amended funding agreement and all necessary documents to increase the funding from the State Water Board Clean Water State Revolving Fund Program in the amount of $19,000,000 and to accept all renewals. 5. Adopt the attached resolution authorizing the application for an additional $19,000,000 in funding from the State Water Board Clean Water State Revolving Fund Program. 6. Adopt the attached resolution for Reimbursement Resolution and Pledged Revenue and Fund(s). 7. Authorize the Director of Public Works, as the City’s Authorized Representative pursuant to State Water Board requirements, to issue any necessary amendments to the Clean Water State Revolving Fund agreement within contract authority. 8. Authorize the budget changes as outlined in the Financial Impacts & Budget Actions section of this report. 3.D.a Packet Pg. 143 Attachment: September 10, 2019 Staff Report (4336 : Adopt Resolution to Accept Measure W Grant Funds) 2 of 13 Summary The City has supplied safe and reliable water service to its residents and businesses for more than 100 years. To ensure the continued safety, reliability and affordability of that service, the City’s Sustainable Water Master Plan was updated in 2018, with the goal of achieving water self-sufficiency by 2023. This goal will be reached through a combination of water demand reduction strategies and increased development of local water supplies. Water self-sufficiency will result in long-term cost protection for ratepayers, a drought resilient local water supply, and a reduced energy footprint resulting from the elimination of water delivery from distant locations. As a key strategy to achieve water self-sufficiency, the implementation of the Sustainable Water Infrastructure Project (SWIP) would supply 1,680 acre-feet per year (AFY) of clean and reliable water, which represents about 12% of the City’s annual water demand. The SWIP leverages alternative water resources by treating brackish (salty) groundwater, stormwater, and municipal wastewater for non-potable reuse and groundwater recharge. The City awarded a design build agreement to Kiewit Infrastructure West Co. (Kiewit) to provide design services for the SWIP and subsequently submitted a Guaranteed Maximum Price (GMP) for construction services. Staff recommends executing a GMP amendment in the amount not to exceed $84,973,490 (including $6,050,000 City contingency) for a total contract amount not to exceed $92,473,490. This represents a significant increase over the project’s original estimates, primarily due to the rapid rise in regional public works construction costs. The City also awarded a professional services agreement to Stantec to provide Owner’s Engineer services that included engineering oversight and advisory services throughout the design phase. With the construction phase now fully defined, staff recommends executing a modification in the amount of $1,090,080 for construction inspection and support services during the construction phase for a total contract amount not to exceed $2,740,000. 3.D.a Packet Pg. 144 Attachment: September 10, 2019 Staff Report (4336 : Adopt Resolution to Accept Measure W Grant Funds) 3 of 13 After value engineering and negotiating based on a submittal from the Design Build team in May 2019, the total estimated cost for the Project as recommended by staff is now $95.9 million. This is roughly $26 million over the current budget of $69.9 million approved in 2016. The total estimated cost includes $720,000 for administrative costs including permitting, public outreach, and prevailing wage services. Staff recommends that Council approve an additional $19 million loan financed through the existing Clean Water State Revolving Fund (CWSRF) and an additional $7 million budget appropriation as detailed below. Discussion The City’s Sustainable Water Master Plan (SWMP) outlines a comprehensive plan to achieve water self-sufficiency by 2023. The SWMP seeks to reduce the City’s reliance on imported water, develop local groundwater resources, and integrate available local water resources by treating brackish (salty) groundwater, municipal wastewater, and wet and dry weather runoff. The Sustainable Water Infrastructure Project (SWIP) would harvest these water sources and treat them for non-potable uses such as irrigation, toilet flushing, and recharging the City’s groundwater supply as shown in Figure 1. The SWIP would be a first-of-its-kind, innovative and progressive Advanced Water Treatment Facility (AWTF) to be permitted in California for groundwater recharge. 3.D.a Packet Pg. 145 Attachment: September 10, 2019 Staff Report (4336 : Adopt Resolution to Accept Measure W Grant Funds) 4 of 13 Figure 1: SWIP Overview The SWIP is a major component of the SWMP as it would provide a sustainable and drought resilient water resource in its production of advanced treated water for recharge to local groundwater aquifers. This aquifer recharge would then provide the City with an increased raw water supply that could then be treated with the implementation of a second major component of the SWMP: the future Arcadia water treatment plant expansion. As depicted in Figure 1, the SWIP consists of an underground AWTF and stormwater harvesting tank at the Civic Center surface parking lot, and facility enhancements to the existing Santa Monica Urban Runoff Recycling Facility (SMURRF). Preliminary renderings of the initial concept design are shown in Attachment A. The AWTF would produce 1.0 million gallons per day (MGD) of purified water by treating harvested runoff in the tank and municipal wastewater diverted from the city wastewater system, which would offset imported water purchases from Metropolitan Water District (MWD). The tank (the size of more than 2 Olympic sized pools) would have the capacity to harvest 1.5 million gallons (MG) of dry-weather runoff and wet-weather (stormwater) runoff. Reverse osmosis membrane filtration upgrades and other enhancements to the 3.D.a Packet Pg. 146 Attachment: September 10, 2019 Staff Report (4336 : Adopt Resolution to Accept Measure W Grant Funds) 5 of 13 SMURRF would allow it to operate at full production and produce 0.5 MGD of treated water. In total, the SWIP would supply 1,680 acre-feet per year (AFY) of treated water. Beneficial Use Besides the increased water supply capacity, the SWIP provides multiple benefits that include reducing urban runoff discharges to the ocean, improving beach water quality in the Santa Monica Bay by reducing the amount of polluted water entering the Bay, advancing compliance with the MS4 permit and Enhanced Watershed Management Program (EWMP) requirements, and generating a new water resource. The EWMP is a City stormwater planning program implemented in order to achieve the State’s MS4 permit. The MS4 permit is a State permit regulating discharge water quality for any water that enters navigable waters. In addition, the SWIP would implement new Civic Center surface parking lot improvements and enhance access to the adjacent childcare center and sports field. Project Costs The approved $69.9 million budget was developed based on estimates supported by preliminary information available in 2016. As the design progressed and the detailed construction scope of the various project elements were more fully defined, the estimated project costs increased and resulted in an initial GMP of $110.9 million in May of 2019. Staff was able to reduce the scope and estimate to $92.4 million for a project total of $95.9 million (including City’s costs such as inspection services and permitting costs). The higher costs are associated to trending increases in the regional water production market, shortage of highly skilled labor, volatile material prices, and a large volume of projects in the Los Angeles region. With this significant increase in estimated project cost, staff evaluated three options for next steps: proceed with a reduced scope, do not build, or re-bid with a reduced scope. The evaluation of options is summarized in Table 1. Return on Investment 3.D.a Packet Pg. 147 Attachment: September 10, 2019 Staff Report (4336 : Adopt Resolution to Accept Measure W Grant Funds) 6 of 13 While the SWIP requires a significant upfront capital expenditure, the cost would be offset by treating and producing more water locally, allowing the City to avoid costly imported water fees and wastewater fees paid to outside agencies. Staff conducted a financial analysis comparing future costs of imported water and avoided wastewater treatment fees against the projected cost of locally produced water over a 35-year period. The analysis supported the financial viability of the SWIP even at the $110 million price. The project’s life expectancy of approximately 50 years well exceeds the 35-year ROI (return on investment). Proceeding with the SWIP as proposed is critical to the City’s effort to achieve water self-sufficiency by 2023. Residents and business owners within the City would benefit from the implementation of SWIP by keeping local water costs lower than without the project compared to the ongoing cost increases for imported water. SWIP also represents a major step forward in the City’s effort to meet the requirements of the City’s stormwater discharge permit (MS4). Non-compliance with the MS4 permit requirements may subject the City to future penalty assessments ranging between $1,000 and $10,000 or more per day during a rain event beginning in 2021, which is the deadline for agencies to comply with their Enhanced Watershed Management Plans. 3.D.a Packet Pg. 148 Attachment: September 10, 2019 Staff Report (4336 : Adopt Resolution to Accept Measure W Grant Funds) 7 of 13 Table 1. Next Step Options Option Cost Pros Cons 1. Proceed with reduced scope (storage tank is reduced to 1.5MG from the original 4.5MG) $95.9M • EWMP is partially implemented. • Achieving water self- sufficiency remains on schedule • Cost is fair and reasonable in today’s current market • Project sees a return on investment over a 35- year period. • Reduce pollutants to ocean improving ocean water quality. • $69.9M budgeted. $26M budget shortfall. 2. No Build $9M • Least costly option. • No construction impacts to public. • Water self-sufficiency not achieved by 2023 • Continue purchasing costly imported water at $1.8 million per year in 2022 (2022 completion), plus annual rate increases • $1.1 million in sewer costs per year in 2021, plus annual rate increases • Loss of $56.9M low interest (1.8%) CWSRF loan with $4.0 million forgiveness, with no guaranteed funding for alternate projects • Loss of $9 million in already- spent design funds with no project 3. Re-bid with a reduced scope $9M + X • May result in better pricing due to competition • EWMP is partially implemented. • First major step in water self-sufficiency Preserve low interest loan • Stormwater funding supports the project. • Project sees a return on • No guarantee of improved bids, current pricing was validated and reasonable in current market. • High risk of incurring price escalation or higher cost. • Significant schedule delay (at least 1 year would be necessary to revise the financing agreement, prepare the revised bid package, complete procurement, and negotiate the new contract). • Additional construction impacts to 3.D.a Packet Pg. 149 Attachment: September 10, 2019 Staff Report (4336 : Adopt Resolution to Accept Measure W Grant Funds) 8 of 13 investment over a 35- year period. • Reduce pollutants to ocean improving ocean water quality. the users after Early Child Lab School and Sports Field are completed. Staff recommends Option 1, for a total project cost of $95.9 million. Table 2 provides a comparison of the original budget and the proposed budget. The proposed budget examines the project moving forward with Option 1, the reduced scope, 1.5MG tank option. This option requires an additional $26 million in budget, $19 million of which would come from an increase to the CWSRF loan. Staff has communicated with the State regarding the loan increase and the State has confirmed funds are available for the SWIP. The State would confirm the final loan approval upon receiving the City Council Resolution. The execution of the GMP is contingent upon receiving the increased CWSRF loan. The increased loan amount to fund the SWIP is already included in the proposed Wastewater Fund rate adjustment scenarios presented to Council at the August 13, 2019 Council Water/Wastewater Rate Study Session. Staff is not seeking for any additional budget increases than what was already presented to Council at the Study Session. Should the proposed Wastewater Fund rate adjustment not be approved, capital projects and operating budgets in the Wastewater Fund would need to be reduced by approximately $13 million over the next 5 years to cover the increased SWIP cost covered by the Wastewater Fund. Potential cuts would include forgoing certain maintenance activities and deferring the annual wastewater main replacement program during that period. While there is always some risk in reducing maintenance activities and deferring capital improvements, the cuts would be to the wastewater system on non-pressurized pipes, which are less subject to breaks and leaks than the pressurized potable system. The cuts would not impact potable water infrastructure. Proposed budget increases are detailed by fund in table 2 and in the financial section. 3.D.a Packet Pg. 150 Attachment: September 10, 2019 Staff Report (4336 : Adopt Resolution to Accept Measure W Grant Funds) 9 of 13 Table 2: Original Project Funding Sources vs. Proposed Project Funding Sources Fund Type Original Funding Sources Increase Proposed Funding Sources State Loan $56.9M $19.0M $75.9M Measure V $4.5M $3.1M $7.6M Storm Water Fund $1.4M $1.4M Wastewater Fund $7.1M $7.1M Stormwater In Lieu Fees1 $3.0M $3.0M Development Agreement fees related to City storm water infrastructure $0.9M $0.9M Total $69.9M $26.0M $95.9M 1 Fees paid to the City by applicants (those obtaining a building permit) in lieu of installing permanent stormwater collection or infiltration devices Schedule Construction is tentatively scheduled to start in November of 2019 and take approximately 2.5 years to complete. Public Outreach Public Outreach will be conducted by City staff and Kiewit. The outreach team will meet regularly with neighboring businesses and residents to keep them informed of the project schedule and construction impacts. The project was presented to the Task Force on the Environment subcommittee on August 19, 2019. The subcommittee supports the SWIP and moving forward with Option 1. Permitting This project will require multiple permits which include, but are not limited to, California Coastal Commission, Building and Safety (for surface improvements), and the Regional 3.D.a Packet Pg. 151 Attachment: September 10, 2019 Staff Report (4336 : Adopt Resolution to Accept Measure W Grant Funds) 10 of 13 Water Quality Control Board with the Division of Drinking Water. Kiewit would pursue and obtain all necessary permits. Environmental Analysis The California Environmental Quality Act (CEQA) Mitigated Negative Declaration, the Mitigation Monitoring and Reporting Plan, and the National Environmental Policy Act (NEPA) documents for the project were certified by the Santa Monica City Council on September 27, 2016, and the Notice of Determination was filed at the State Clearinghouse on September 30, 2016. An addendum to the Mitigated Negative Declaration was also prepared in October 2018 to reflect the change and is provided as Attachment B. Past Council Actions 12/6/16 (Attachment C) Adoption of Reimbursement Resolution and Pledged Revenue and Fund(s) Resolution for the Sustainable Water Infrastructure Project 01/26/16 (Attachment D) Authorizing to Accept the Funding Agreement from State Water Resources Control Board for Sustainable Water Infrastructure Project 08/28/18 (Attachment E) Selection and Award of Sustainable Water Infrastructure Project Design/Build Services Contract 11/27/18 (Attachment F) Sustainable Water Master Plan Update and Pathway to Water Self-Sufficiency. Financial Impacts and Budget Actions Approval of the recommended action requires the following: 1. Modification to the State Water Resources Control Board (SWRCB) Funding Agreement (reference to Attachment G, State Water Board loan agreement). A loan increase of $19,000,000 is required to increase the project budget. Staff recommends Council to authorize a resolution to apply for the modification increasing the loan amount and to adopt the Reimbursement Resolution and 3.D.a Packet Pg. 152 Attachment: September 10, 2019 Staff Report (4336 : Adopt Resolution to Accept Measure W Grant Funds) 11 of 13 Pledged Revenue and Fund(s) Resolution. The State has confirmed the additional funding is available to be allocated to SWIP. Upon adoption of the resolution, staff would begin the administrative process of application and execution for an updated loan agreement with the State. The annual debt service on the additional $19 million in loan proceeds, which totals approximately $835,000, will be shared by the Clean Beaches and Ocean Parcel Tax (16) Fund and the Wastewater (51) Fund. The 16 Fund will pay debt service on $6 million of the loan and the 51 Fund will pay debt service on the remaining $13 million loan amount. The split between the funds for the additional loan amount is in line with how the rest of project costs are divided, which is based on the proportional benefits to Water Resources and the Stormwater Program. The debt service for the additional loan amount will be incorporated in the ten-year forecasts for both funds with the anticipation that a Wastewater rate increase would be authorized later in 2019 through the Wastewater rate study. 2. An appropriation of the $13,000,000 State loan amount to the FY 2019-20 Wastewater Fund Capital Improvement Program in account number C5106950.689000. 3. An appropriation of the $6,000,000 State loan amount to the FY 2019-20 Clean Beaches and Ocean Parcel Tax Fund Capital Improvement Program in account number C1606950.689000. Additional appropriation of $3,140,054 from the Clean Beaches and Ocean Parcel Tax Fund Balance to FY 2019-20 Capital Improvement Program account number C1606950.689000. 4. An appropriation of $3,000,000 from the Stormwater Fund to FY 2019-20 Stormwater Fund Capital Improvement Program account number C5206950.689530. 3.D.a Packet Pg. 153 Attachment: September 10, 2019 Staff Report (4336 : Adopt Resolution to Accept Measure W Grant Funds) 12 of 13 5. An appropriation of $900,000 from the Wastewater Fund from Development Agreement revenue to FY 2019-20 Capital Improvement Program account number C5106950.689540 6. An appropriation of $15,840,000 to reflect a transfer from the Wastewater Fund (account number 51800001.691660) to the Clean Beaches and Ocean Parcel Tax Fund (account number 16800001.691660) for funds received from the Clean Water State Revolving Fund. 7. GMP Amendment to Kiewit Design Build Agreement Staff seeks authority to approve funding from the Wastewater Fund, Clean Beaches and Ocean Parcel Tax Fund and the Stormwater Fund to increase the amount of the design/build contract with Kiewit Infrastructure West, Inc. for the construction phase of the design / build services contract. Agreement Modification Request Request Amount FY 2019-20 Budget CIP Account # Total Contract Amount $33,319,855 C1606950.689000 $33,319,855 $46,353,635 C5106950.689000 $53,853,635 $900,000 C5106950.689540 $900,000 $4,400,000 C5206950.689000 $4,400,000 $84,973,490 Total $92,473,490 8. First Modification to Owner’s Engineer Professional Service Agreement Staff seeks authority to approve funding from the Wastewater Fund to increase the amount of the contract with Stantec for construction inspection and support services during the construction phase. Agreement Modification Request Request Amount FY 2019-20 Budget CIP Account # Total Contract Amount $1,090,080 C5106950.689000 $2,740,000 3.D.a Packet Pg. 154 Attachment: September 10, 2019 Staff Report (4336 : Adopt Resolution to Accept Measure W Grant Funds) 13 of 13 Prepared By: Jason Hoang, Civil Engineering Associate Approved Forwarded to Council Attachments: A. SWIP Renderings B. Addendum to MND- SWIP October 2018 C. December 6, 2016 Staff Report - Adoption of Reimbursement Resolution and Pledged Revenue and Fund(s) for SWIP D. January 26, 2016 Staff Report - Application for CWSRF Funding E. August 28, 2018 Staff Report - Selection and Award of Design/Build Services Contract F. November 27, 2018 Staff Report - Sustainable Water Master Plan Update and Pathway to Water Self-Sufficiency G. California Clean Water State Revolving Funding Agreement for SWIP September 2017 H. Stantec Oaks Initiative Disclosure Form I. Kiewit Oaks Initiative Disclosure Form J. PW - Resolution - SWIP Grant - 09.10.2019 K. PW - Resolution - SWIP 2 Pledge - 09.10.2019 L. Written Comment M. PowerPoint Presentation 3.D.a Packet Pg. 155 Attachment: September 10, 2019 Staff Report (4336 : Adopt Resolution to Accept Measure W Grant Funds) City Council Meeting: August 25, 2020 Santa Monica, California RESOLUTION NUMBER 11281 (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO RECEIVE THE ANNUAL TRANSFER OF FUNDS FROM THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT FOR THE SAFE, CLEAN WATER PROGRAM (MEASURE W) WHEREAS, Measure W, also known as the Safe, Clean Water (SCW) Program, was passed by Los Angeles County voters on November 6, 2018, and authorized the Los Angeles County Flood Control District (the “District”) to levy a special tax annually on parcels within the District, which encompasses cities and unincorporated areas of the County, beginning with fiscal year 2019-20, and continuing until ended by the voters; and WHEREAS, the District, pursuant to the Los Angeles Region Safe, Clean Water (“SCW”) Program ordinance (Chapter 16 of the Los Angeles County Flood Control District Code) and the SCW Program Implementation Ordinance (Chapter 18 of the Los Angeles County Flood Control District Code), administers the SCW Program for the purpose of funding projects and programs to increase stormwater and urban runoff capture and reduce stormwater and urban runoff pollution in the District; and WHEREAS, pursuant to Section 16.04.A.2. of the Los Angeles County Flood Control District Code, forty percent (40%) of annual SCW Program tax revenues must be allocated to municipalities within the District, in the same proportion as the amount of revenues collected within each municipality, to be expended by those cities within the cities' respective jurisdictions and by the County within the unincorporated areas that are DocuSign Envelope ID: 25AD0B37-527D-4922-A4B6-32C728A67F51 3.D.b Packet Pg. 156 Attachment: Resolution 11281 (4336 : Adopt Resolution to Accept Measure W Grant Funds) 2 within the boundaries of the District, for the implementation, operation and maintenance, and administration of Projects and Programs, in accordance with the criteria and procedures established in Chapters 16 and 18 of the Los Angeles County Flood Control District Code; and WHEREAS, pursuant to Section 16.05.A.1. of the Los Angeles County Flood Control District Code, prior to their receipt of SCW Program funds, municipalities must enter into an agreement with the District to transfer SCW Program funds; and WHEREAS, the County of Los Angeles Board of Supervisors has approved a standard template agreement (the “Agreement”), as required by and in accordance with Section 18.09 of the Los Angeles County Flood Control District Code, for the transfer of SCW Program funds to municipalities; and WHEREAS, the City of Santa Monica is eligible to receive an estimated Eight Hundred and Ten Thousand Dollars ($810,000) in SCW Program funds in Fiscal Year 2020-21 and subsequent fiscal years; and WHEREAS, in Fiscal Year 2020-21 and subsequent fiscal years, the City’s receipt of SCW Program funds will enable the City to continue essential maintenance of stormwater infrastructure and to plan future stormwater projects; NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND BY THE CITY COUNCIL OF THE CITY OF SANTA MONICA, STATE OF CALIFORNIA, AS FOLLOWS: SECTION 1. The foregoing recitals are true and correct. SECTION 2. The City Manager is authorized to execute the Agreement to receive SCW Program funds from the District. DocuSign Envelope ID: 25AD0B37-527D-4922-A4B6-32C728A67F51 3.D.b Packet Pg. 157 Attachment: Resolution 11281 (4336 : Adopt Resolution to Accept Measure W Grant Funds) 3 SECTION 3. The SCW Program funds received by the City in Fiscal Year 2020-21 and subsequent fiscal years will be appropriated to the revenue account 16500003.402090. SECTION 4. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: _____________________ GEORGE S. CARDONA Interim City Attorney DocuSign Envelope ID: 25AD0B37-527D-4922-A4B6-32C728A67F51 3.D.b Packet Pg. 158 Attachment: Resolution 11281 (4336 : Adopt Resolution to Accept Measure W Grant Funds) Adopted and approved this 25th day of August 2020. __________________________ Kevin McKeown, Mayor I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby certify that Resolution No. 11281 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 25th day of August 2020, by the following vote: AYES: Councilmembers Himmelrich, Davis, Jara, McCowan, Winterer Mayor Pro Tem O’Day, Mayor McKeown NOES: None ABSENT: None ATTEST: _____________________________________ Denise Anderson-Warren, City Clerk DocuSign Envelope ID: 25AD0B37-527D-4922-A4B6-32C728A67F51 3.D.b Packet Pg. 159 Attachment: Resolution 11281 (4336 : Adopt Resolution to Accept Measure W Grant Funds) 1 City Council Meeting: December 15, 2020 Santa Monica, California RESOLUTION NUMBER (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO RECEIVE THE ANNUAL TRANSFER OF FUNDS FROM THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT FOR THE SAFE, CLEAN WATER PROGRAM (MEASURE W) WHEREAS, Measure W, also known as the Safe, Clean Water (“SCW”) Program, was passed by Los Angeles County voters on November 6, 2018, and authorized the Los Angeles County Flood Control District (the “District”) to levy a special tax annually on parcels within the District, which encompasses cities and unincorporated areas of the County, beginning with fiscal year 2019-20, and continuing until ended by the voters; and WHEREAS, the District, pursuant to the Los Angeles Region SCW Program ordinance (Chapter 16 of the Los Angeles County Flood Control District Code) and the SCW Program Implementation Ordinance (Chapter 18 of the Los Angeles County Flood Control District Code), administers the SCW Program for the purpose of funding projects and programs to increase stormwater and urban runoff capture and reduce stormwater and urban runoff pollution in the District; and WHEREAS, pursuant to Section 16.04.A.3. of the Los Angeles County Flood Control District Code, fifty percent (50%) of annual SCW Program tax revenues must be allocated to pay for the implementation, operation and maintenance, and the administration of Projects and Programs implemented through the Regional Program, 3.D.cPacket Pg. 160Attachment: Proposed Resolution [Revision 1] (4336 : Adopt Resolution to Accept Measure W Grant Funds) 2 including Projects and Programs identified in approved regional plans such as stormwater resource plans developed in accordance with Part 2.3 (commencing with section 10560) of Division 6 of the Water Code, watershed management programs developed pursuant to waste discharge requirements for municipal separate storm sewer system (MS4) discharges within the coastal watersheds of the County, issued by the Los Angeles Regional Water Quality Control Board, and other regional water management plans, as appropriate, in accordance with the criteria and procedures established by the District Code, with funds allocated to the Regional Program to be distributed among the nine (9) Watershed Areas in proportion to the funds generated in each Watershed Area; and WHEREAS, pursuant to Section 16.05.A.1. of the Los Angeles County Flood Control District Code, prior to their receipt of SCW Program funds, municipalities must enter into an agreement with the District to transfer SCW Program funds; and WHEREAS, the County of Los Angeles Board of Supervisors has approved a standard template agreement (the “Agreement”), as required by and in accordance with Section 18.09 of the Los Angeles County Flood Control District Code, for the transfer of SCW Program funds to municipalities for regional projects; and WHEREAS, the City of Santa Monica is eligible to receive an estimated total of Seven Million Five Hundred Thousand dollars ($7.5M) in SCW Program funds disbursed equally over Fiscal Years 2020-21, 21-22, 23-22 in Two Million Five Hundred Thousand dollar ($2.5M) increments for use for certain stormwater projects; and WHEREAS, in future years the City may apply for and be awarded additional SCW Program funds for different stormwater projects. 3.D.cPacket Pg. 161Attachment: Proposed Resolution [Revision 1] (4336 : Adopt Resolution to Accept Measure W Grant Funds) 3 NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND BY THE CITY COUNCIL OF THE CITY OF SANTA MONICA, STATE OF CALIFORNIA, AS FOLLOWS: SECTION 1. The foregoing recitals are true and correct. SECTION 2. The City Manager or her designee is authorized to execute Agreements and any other related documents including permits and maintenance agreements to receive SCW Program funds from the District. SECTION 3. The SCW Program funds received by the City in Fiscal Year 2020-21 and subsequent fiscal years will be appropriated to the revenue account 16500001.405681. SECTION 4. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: GEORGE S. CARDONA Interim City Attorney 3.D.cPacket Pg. 162Attachment: Proposed Resolution [Revision 1] (4336 : Adopt Resolution to Accept Measure W Grant Funds)