SR 04-25-2023 5E
City Council
Report
City Council Meeting: April 25, 2023
Agenda Item: 5.E
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To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Engineering and Street
Services
Subject: Authorization to enter into Cost-Sharing Agreements with the City of Los
Angeles for Santa Monica Bay and Ballona Creek
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section 15307 and Section
15308 of the California Environmental Quality Act (CEQA) Guidelines
2. Authorize the City Manager to negotiate and execute two Memoranda of
Agreements (MOA) with the City of Los Angeles to implement cost-sharing
Coordinated Integrated Monitoring Plans (CIMPs) to comply with the Los Angeles
Regional Water Quality Control Board's National Pollution Discharge Elimination
Systems (NPDES) permit requirements. One MOA is for the Santa Monica Bay
and the second MOA is for Ballona Creek.
Summary
The City is obligated to comply with the National Pollutant Discharge Elimination
System’s (NPDES) permit requirements to reduce pollution from runoff into the Santa
Monica Bay and Ballona Creek. NPDES requirements include Coordinated Integrated
Monitoring Plans (CIMPs) to collect water quality data and demonstrate compliance with
water quality objectives specified in the permit. The City drains into the Santa Monica
Bay and Ballona Creek watersheds and is required to participate in a CIMP for each
watershed. The most cost-effective way to do this is to share the costs associated with
implementing the CIMPs with partner agencies that drain into the same watersheds.
The City of Los Angeles is the lead agency for the Santa Monica Bay Jurisdictional
Groups 2 & 3 (SMB) and Ballona Creek (BC) watersheds and leads the development
and implementation of the CIMPs. The City’s costs for the three-year monitoring period
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(Fiscal Year 2023-24 through Fiscal Year 2025-26) of the Santa Monica Bay and
Ballona Creek Memoranda of Agreements (MOAs) would not exceed $489,427 and
$10,505, respectively.
Background
The Federal Clean Water Act (CWA) requires the California Regional Water Quality
Control Board, Los Angeles Region (Board), to develop water quality standards that
protect beneficial uses for each water body found within its region. Beneficial uses
include swimming, fishing, drinking water, navigability, and wildlife habitats and
reproduction. Section 303(d) of the CWA requires states to prepare a list of water
bodies that do not meet water quality standards and establish Total Maximum Daily
Loads (TMDLs) for each of these water bodies. A TMDL represents a maximum amount
of human-made and/or naturally occurring pollution that may be present in a receiving
water body without causing a decline in water quality and beneficial uses. The Santa
Monica Bay and Ballona Creek watersheds have been included on California’s Sectio n
303(d) list since 1998 due to impairments by bacteria, trash, organic chemicals, and
metals. The Board has adopted multiple TMDLs for these pollutants since 2003 to
address these impairments.
The City Council approved an initial agreement, Santa Monica Bay MOA, for cost-
sharing bacterial monitoring on July 8, 2003. The City Council approved a second
agreement, the Ballona Creek MOA, for cost-sharing monitoring for bacteria, metals,
and toxics on July 14, 2009. The City of Los Angeles is the lead agency, responsible for
performing all required monitoring and reporting to the Board, and the City of Santa
Monica, along with other agencies in the watersheds, share in the cost of the CIMPs’
implementation. The City Council approved a subsequent three-year renewal of both
MOAs on February 23, 2016, for a period through 2018. The most recent MOAs were
executed on May 8, 2018, and cover a period from 2018 through 2023.
Past Council Actions
Meeting Date Description
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05/08/2018
(Attachment B)
Authorization to execute MOAs for FY 18/19 - FY 22/23
Discussion
On August 9, 2021, the Board approved a new NDPES permit with expanded
monitoring and reporting requirements. The expanded requirements and the expiration
of the current MOAs in 2023 require the City to enter into new MOAs with the City of
Los Angeles. Under the terms of the new MOAs, the City of Los Angeles would continue
to be responsible for all water quality monitoring and reporting activities to the Board.
The City of Los Angeles would provide the monitoring services, permit compliance,
reporting, and contract administration as listed in more detail in Attachment A.
The three-year CIMP budgets for the MOAs are listed below by fiscal year for each
watershed (Table 1). All costs would be paid by the Clean Beaches/Ocean Parcel Tax
Fund.
Table 1. Annual CIMP MOA Cost by Watershed for the City of Santa Monica
Fiscal Year Santa Monica Bay Cost Ballona Creek Cost
23-24 $159,575 $3,334
24-25 $133,293 $3,107
25-26 $196,559 $4,064
Totals $489,427 $10,505
The budgetary difference between the two watersheds is due to a larger ratio of the City
contributing to the overall drainage area in the Santa Monica Bay watershed as
compared to the Ballona Creek watershed. The breakdowns of the other agencies in the
watersheds and their respective tributary areas are shown in Tables 2 and 3.
Table 2. Santa Monica Bay Watershed Agencies’ Tributary Areas
Agency Acres % of Area
City of Los Angeles 18,934.64 75.02%
County of Los Angeles 130.40 0.52%
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City of Santa Monica 4,987.47 19.76%
City of El Segundo 1,185.64 4.70%
Total 25,238.14 100%
Table 3. Ballona Creek Watershed Agencies’ Tributary Areas
Agency Acres % of Area
City of Los Angeles 65,247.40 83.08%
County of Los Angeles 3,114.09 3.97%
City of Beverly Hills 3,658.20 4.66%
Culver City 3,176.44 4.04%
City of Inglewood 1,904.09 2.42%
City of Santa Monica 218.57 0.28%
City of West Hollywood 1,212.79 1.54%
Total 78,531.58 100%
Environmental Review
The tasks performed under these MOAs are categorically exempt from the California
Environmental Quality Act (CEQA) pursuant to Sections 15307 (Class 7) and 15308
(Class 8). Sections 15307 and 15308 exempts a class of projects consisting of actions
taken by regulatory agencies as authorized by state law or local ordina nce to assure the
maintenance, restoration, or enhancement of a natural resource and the environment
where the regulatory process involves procedures for protection of the environment.
The MOAs would enable cost sharing for monitoring and reporting activit ies to enhance
environmental resources and prevent harm to the natural environment. Therefore, the
project qualifies for the Class 7 and Class 8 exemption.
Financial Impacts and Budget Actions
Staff seeks the authority to execute two agreements (Memoranda of Agreements) with
the City of Los Angeles for the Santa Monica Bay and Ballona Creek watersheds in the
amounts not to exceed $489,427 and $10,505, respectively. The MOAs would result in
a total cost of $499,932 over a three-year period through FY 2025-26. Funds will be
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included in the Proposed FY 2023-25 Biennial Budget in the Clean Beaches/Ocean
Parcel Tax Fund. Future funding is contingent upon Council approval.
MOA Request – Santa Monica Bay
FY 2023-24
Request Amount
Future Years Budget Operational
Account #
Total Contract
Amount
$159,575 $329,852 16500003.550090 $489,427
MOA Request – Ballona Creek
FY 2023-24
Request Amount
Future Years Budget Operational
Account #
Total Contract
Amount
$3,334 $7,171 16500003.550090 $10,505
Prepared By: Curtis Castle, Principal Civil Engineer
Approved
Forwarded to Council
Attachments:
A. City of Los Angeles Scope of Work
B. May 8 2018 Staff Report
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Attachment A
Cost-Sharing Agreements with the City of Los Angeles for Santa Monica Bay and Ballona
Creek
City of Los Angles Scope of Work:
Monitoring Services
The City of Los Angeles would be required to comply with the monitoring requirements
established in the NPDES Permit and associated documents. This includes but is not
limited to implementation of the SMB and BC CIMPs, which includes the following
activities:
· Receiving Water Monitoring
· Stormwater Outfall Monitoring
· Non-Stormwater Outfall Monitoring
· Data Management
· Capital, Operation, and Maintenance Activities
· Purchasing, maintaining, and replacing equipment (capital costs) necessary for
monitoring activities
· Development of the monitoring sections to be included in the Annual Report (e.g.
trends analysis, TMDL attainment, summary of monitoring activities)
· Annual Reconciliation of the Monitoring Services under the MOA.
· This work may include additional activities and requirements based upon revisions of
the March 2023 CIMP revisions, any other future CIMP revision, and subsequent
requirements for the Regional Board.
Watershed Management Plan (WMP)-Related Tasks
The City of Los Angeles would be required to comply with the NPDES Permit, as well as
other work that is determined to advance the cities’ efforts in complying with the NPDES
Permit. The SMB and BC Watershed Management Groups (WMGs) are required to
complete the following activities as part their respective WMPs. This includes the tasks
defined below:
· Annual Reporting (including the WMP Progress Report)
· Report of Waste Discharge (ROWD)
· Adaptive Management
· Trash Monitoring and Reporting Plan (TMRP)
· WMP Revisions
· Website Management (lastormh2o.org)
5.E.a
Packet Pg. 118 Attachment: City of Los Angeles Scope of Work (5620 : Cost-Sharing MOAs with the City of L.A. for Santa Monica Bay and Ballona Creek)
Contract Administration
This includes any and all tasks associated with administering this MOA, including but
not limited to the following:
· Facilitate the development of agreements and subsequent amendments for the SMB
and BC WMGs.
· Manage procurements, contracting, and contract administration for consultants and
contractors, with the lead agency of the SMB and BC WMGs providing subject-
matter expertise and project management support. This could include establishing
and managing a bench of technical consultants that could be utilized by any Party.
· Distribute invoices and collect payment from Parties.
· Manage the MOA budget in coordination with the lead agency of the SMB and BC
WMGs.
· Facilitate the preparation of SMB and BC WMGs administrative procedures by SMB
and BC WMGs and ensure compliance with these procedures.
· Annual Reconciliation of WMP-related tasks under the MOA.
5.E.a
Packet Pg. 119 Attachment: City of Los Angeles Scope of Work (5620 : Cost-Sharing MOAs with the City of L.A. for Santa Monica Bay and Ballona Creek)
City Council
Report
City Council Meeting: May 8, 2018
Agenda Item: 3.B
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To: Mayor and City Council
From: Susan Cline, Director, Public Works, Office of Sustainability & the
Environment
Subject: Cost-Sharing Memorandum of Agreements with the City of Los Angeles for
Two Coordinated Integrated Monitoring Plans for Santa Monica Bay and
Ballona Creek
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and
execute two Memorandum of Agreements (MOA) with the City of Los Angeles to
implement cost-sharing Coordinated Integrated Monitoring Plans (CIMPs) to comply
with the Los Angeles Regional Water Quality Control Board's National Pollution
Discharge Elimination Systems (NPDES) permit requirements. One MOA is for the
Santa Monica Bay and one MOA is for Ballona Creek.
Executive Summary
The City is obligated to comply with the National Pollutant Discharge Elimination
Systems (NPDES) permit requirements to reduce pollution from runoff into the Santa
Monica Bay and Ballona Creek. NPDES requirements include coordinated integrated
monitoring plans to collect data and demonstrate compliance with water quality
objectives specified in the permit. As a jurisdiction that drains into the Santa Monica
Bay and Ballona Creek watersheds, the City is obligated to share the costs associated
with implementing the coordinated integrated monitoring plans. The costs for the five-
year monitoring period (FY 18/19 through FY 22/23) of the Santa Monica Bay and
Ballona Creek MOAs would not exceed $572,027 and $16,946, respectively.
Background
The Federal Clean Water Act (CWA) requires the California Regional Water Quality
Control Board, Los Angeles Region (Board), to develop water quality standards that
protect beneficial uses for each water body found within its region. Beneficial uses
include swimming, fishing, drinking water, navigability, and wildlife habitats and
5.E.b
Packet Pg. 120 Attachment: May 8 2018 Staff Report (5620 : Cost-Sharing MOAs with the City of L.A. for Santa Monica Bay and Ballona Creek)
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reproduction. Section 303(d) of the CWA requires states to prepare a list of water
bodies that do not meet water quality standards and establish Total Maximum Daily
Loads (TMDLs) for each of these water bodies. A TMDL represents an amount 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 Santa Monica Bay and Ballona Creek watersheds have been included on
California’s Section 303(d) list since 1998 due to impairments by bacteria, trash, organic
chemicals and metals. The Board has adopted multiple TMDLs for these pollutants
since 2003 in order to address these impairments.
The City Council approved an initial Santa Monica Bay MOA for cost-sharing bacterial
monitoring on July 8, 2003. The City Council approved the Ballona Creek MOAs for
cost-sharing monitoring for bacteria, metals and toxics on July 14, 2009.
In accordance with these TMDLs, the City of Los Angeles submitted a Coordinated
Integrated Monitoring Plan (CIMP) for compliance with the TMDLs on behalf of the
agencies within these watersheds. The City of Los Angeles is responsible for
performing all required monitoring and reporting to the Board. The City of Los Angeles
invoices the City of Santa Monica annually for its share of monitoring costs for Santa
Monica Bay and Ballona Creek. The City Council approved the most recent three-year
renewal of both MOAs on February 23, 2016, which end on June 30, 2018 (Attachment
A).
Discussion
On November 28, 2012, the Board approved a new NDPES permit with more extensive
monitoring requirements. The expanded CIMPs require the City to enter into new
MOAs with the City of Los Angeles to reflect the additional monitoring protocols and
requirements. Under the terms of the MOAs, the City of Los Angeles would continue to
be responsible for all monitoring and reporting activities to the Board.
5.E.b
Packet Pg. 121 Attachment: May 8 2018 Staff Report (5620 : Cost-Sharing MOAs with the City of L.A. for Santa Monica Bay and Ballona Creek)
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The new MOAs include additional costs associated with tasks that the City of Los
Angeles performed at its own expense, in previous years, on behalf of other cities to
meet the NPDES permit requirements. However, these costs have increased and the
City of Los Angeles is proposing to include these additional costs in the updated MOAs.
Costs reflect the following responsibilities:
Annual Reporting: As the principal reporting agency, the City of Los Angeles
performs a number of tasks related to the annual report, such as water quality
monitoring, annual rainfall tracking, and hydrology reporting.
Report of Waste Discharge: Prepare application reporting on discharge
locations that could affect urban runoff. Reapplication of the permit every five
years.
Adaptive Management: Biannual reporting stating how cities have modified
their stormwater program to better meet the permit requirements.
Reasonable Assurance Analysis: Per the permit, this analysis was performed
during the 2012 permit period to complete Enhanced Watershed Management
Plans (EWMPs). It must be performed again for the renewed permit. This
analysis is a computer model simulation that predicts if the stormwater harvesting
projects to be built within each watershed by cities will achieve EWMP
requirements. The analysis demonstrates to the Board that cities will meet
EWMP requirements and water quality standards.
Enhanced Watershed Management Plan (EWMP) Time Extension: There is
an interim EWMP Implementation milestone set for April 11, 2018. Under the
terms of the EWMP, the City of Los Angeles plans to submit a time extension on
behalf of the cities in these watersheds to give cities more time to comply with
the EWMP. This will allow for additional work to meet some of the water quality
standards that will not likely be met before the 2018 compliance milestone.
Time Schedule Orders (Santa Monica Bay Bacterial TMDL): The final
compliance milestone for the wet-weather bacterial TMDL is July 15, 2021.
Under the terms of the EWMP, the City of Los Angeles plans to submit a Time
Schedule Order, on behalf of the cities in these watersheds to give cities more
5.E.b
Packet Pg. 122 Attachment: May 8 2018 Staff Report (5620 : Cost-Sharing MOAs with the City of L.A. for Santa Monica Bay and Ballona Creek)
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time to comply with the TMDL. This will allow for additional work to meet some of
the water quality standards that will not likely be met before the 2021 compliance
milestone.
The additional cost to the City of Santa Monica associated with the above administrative
(non-CIMP) tasks totals $181,780 for Santa Monica Bay and $2,543 for Ballona Creek
watersheds.
The MOA five-year budgets for the CIMP and additional permit costs are listed below by
fiscal year for each watershed.
Santa Monica Bay
Fiscal Year Budget
18/19 $93,821
19/20 $116,324
20/21 $128,205
21/22 $85,396
22/23 $96,279
Contingency $52,002
Total $572,027
Ballona Creek
Fiscal Year Budget
18/19 $6,096
19/20 $2,394
20/21 $2,920
21/22 $2,075
22/23 $2,284
Contingency $1,177
Total $16,946
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Packet Pg. 123 Attachment: May 8 2018 Staff Report (5620 : Cost-Sharing MOAs with the City of L.A. for Santa Monica Bay and Ballona Creek)
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The budgetary difference between the two watersheds is due to the difference in
drainage area of the City: Santa Monica Bay – 19.76%; Ballona Creek – 0.28%.
Financial Impacts & Budget Actions
Santa Monica Bay
The MOA cost share for the Santa Monica Bay is for an amount not to exceed $572,027
over a five-year period through FY 2022-23. Funds of $93,821 are available in the
Proposed FY 2018-19 budget in the Public Works Department. The MOA will be
charged to account 06402.555170.
Ballona Creek
The MOA cost share for the Ballona Creek is for an amount not to exceed $16,946 over
a five-year period through FY 2022-23. Funds of $6,096 are available in the Proposed
FY 2018-19 budget in the Public Works Department. The MOA will be charged to
account 06402.555170.
Future year funding for both agreements is contingent on Council budget approval.
Prepared By: Neal Shapiro, Senior Sustainability Analyst
Approved
Forwarded to Council
Attachments:
A. February 23, 2016 Staff Report
5.E.b
Packet Pg. 124 Attachment: May 8 2018 Staff Report (5620 : Cost-Sharing MOAs with the City of L.A. for Santa Monica Bay and Ballona Creek)