CITY COUNCIL AGENDA REPORT DEPARTMENT: Public Works MEETING DATE: September 17, 2019 PREPARED BY: Alex Tachiki, Administrative Officer AGENDA LOCATION: CC-13 TITLE: Memorandum of Agreement between the County of Los Angeles, the Cities of Arcadia, Bradbury, Duarte, Monrovia, and Sierra Madre, for Regional Cost Sharing related to the Revised Watershed Management Program Feasibility and Technical Studies for the Rio Hondo/San Gabriel River Water Quality Group, and Professional Services Agreement with Best, Best and Krieger LLP, in an Annual Amount not to Exceed $25,000.00 OBJECTIVE: To approve a Memorandum of Agreement (MOA) for Regional Cost Sharing for the Revised Watershed Management Program Feasibility and Technical Studies for the Rio Hondo/San Gabriel River Water Quality Group and a Professional Services Agreement with Best, Best and Krieger LLP. BACKGROUND: The Water Quality Act of 1987 added Section 402(p) to the Federal Clean Water Act requiring the United States Environmental Protection Agency (USEPA) to establish regulations related to stormwater discharges. The Clean Water Act authorizes the USEPA to permit a state as the National Pollutant Discharge Elimination System permitting authority in lieu of the USEPA. In California, regional stormwater permits are developed and enforced under the Regional Water Quality Control Boards. The City of Monrovia is assigned to the Los Angeles Regional Water Quality Control Board (LARWQCB). On November 8, 2012, the LARWQCB issued a new MS4 NPDES Permit to the cities in Los Angeles County (excluding Long Beach), the County of Los Angeles, and the Los Angeles County Flood Control District (Board Order No. R4-2012-0175; NPDES Permit No. CAS004001). The MS4 NPDES Permit became effective on December 28, 2012 and contains many provisions for the management of stromwater, including the option to develop integrated planning and monitoring plans to address many of the Permit’s water quality and program requirements. The City of Monrovia worked with the Cities of Arcadia, Bradbury, Duarte, Sierra Madre and Los Angeles County to form the Rio Hondo/San Gabriel River Water Quality Group to pursue the development of an Enhanced Watershed Management Program as the chosen means of complying with the MS4 permit. On April 21, 2016, the Rio Hondo/San Gabriel River Water Quality Group received approval of the submitted Enhanced Watershed Management Program that had an estimated implementation cost of $1.4 billion over 12 years. The group worked diligently for a number of years on modifying the proposed plan and in March 2019, the Regional Water Board approved the Revised Watershed Management Program. The revised compliance plan reduced the $1.4 billion implementation cost to approximately $200 million over the same time period. ANALYSIS: On March 14, 2019, the Rio Hondo/San Gabriel River Water Quality Group received approval of the submitted Revised Watershed Management Program (rWMP). Given the approval of this plan, the group’s focus is now shifting from planning efforts to implementation. CC-13 One of the first steps in the implementation of this plan is to determine the feasibility of the proposed regional and green streets projects that were included in the rWMP. The rWMP identified five (5) regional projects that would provide benefit to the entire group and these proposed projects are Encanto Park, Basin 3E, Los Angeles County Arboretum, Arcadia Wash Diversion and the Rio Hondo Ecosystem Restoration project. In order to review and determine the feasibility of these proposed projects, the City of Arcadia is conducting a request for proposals (RFP) process on behalf of the group for feasibility and technical studies. The feasibility and technical studies will be broken into three phases: . Phase 1: Geotechnical, Seismic, Preliminary Environmental Site Screening and Utility Search . Phase 2: Environmental Evaluation, Field Work, Topographic and Seismic Survey, Hydrology, Community and Stakeholder Outreach, Develop Stormwater Capture Capacity and Conduct Water Quality Analysis, GIS Maps, Water Conservation, Feasibility Report . Phase 3: Permits, Project Cost and Schedule, Safe, Clean Water Program Scoring Criteria, Operations and Maintenance Plan, Monitoring Plan and Final Deliverable. These completed reports will provide sufficient data and analysis to review the feasibility and constructability of each of these projects to support the group efforts of prioritizing and initiating these projects. The group anticipates that a contract for these services will be awarded by the end of the Calendar year. Pursuant to the Memorandum of Agreement (MOA), the City of Monrovia will be responsible for reimbursing the City of Arcadia for our proportional share of the expenses, which is calculated utilizing the same methodology as the other related cost share agreements. In addition to pushing forward the technical components of the MS4 compliance efforts, the group has been working on funding issues through the use of a lobbying firm. The Cities of Arcadia and Sierra Madre have engaged Best, Best and Krieger (BB&K) for lobbying related to an existing Federal fund earmark as well as their ability to assist with finding and securing additional grant funds through both state and federal sources. For the engagement of BB&K, the group will not be pursuing a group agreement and cost share. Rather, the intent will be for each City to contract directly with BB&K for the necessary services. ENVIRONMENTAL IMPACT: The proposed MOA provides the City an opportunity to cooperatively proceed with implementations of the revised watershed management program and requirements set forth in the MS4 NPDES Permit. FISCAL IMPACT: The fiscal impact of the MOA for the Feasibility and Technical studies will be determined upon the receipt of proposals and execution of an agreement by the City of Arcadia. The total cost of the Professional Services Agreement with Best, Best and Krieger will be in an annual amount not to exceed $25,000. Funding for both of these initiatives is available in the Fiscal Year 2019- 20 operating budget. OPTIONS: The following options are provided for the City Council consideration: 1. Approve the Memorandum of Agreement for Regional Cost Sharing for the Revised Watershed Management Program Feasibility and Technical Studies for the Rio Hondo/San Gabriel River Water Quality Group and Professional Services Agreement with Best, Best and Krieger LLP. 2. Reject the MOA and Professional Services Agreement and provide Staff alternate direction related to NPDES Permit compliance. RECOMMENDATION: Staff recommends Option 1; approve the Memorandum of Agreement for Regional Cost Sharing for the Revised Watershed Management Program Feasibility and Technical Studies for the Rio Hondo/San Gabriel River Water Quality Group and Professional Services Agreement with Best, Best and Krieger LLP. COUNCIL ACTION REQUIRED: If Council concurs, the appropriate action would be a motion to approve a Memorandum of Agreement between the County of Los Angeles, the Cities of Arcadia, Bradbury, Duarte, Monrovia, and Sierra Madre for Regional Cost Sharing for the Revised Watershed Management Program Feasibility and Technical Studies for the Rio Hondo/San Gabriel River Water Quality Group, and a Professional Services Agreement with Best, Best and Krieger LLP and authorize the City Manager to execute the necessary documents in a form approved by the City Attorney. MEMORANDUM OF AGREEMENT BETWEEN THE COUNTY OF LOS ANGELES, THE CITIES OF ARCADIA, BRADBURY, DUARTE, MONROVIA AND SIERRA MADRE REGARDING THE ADMINISTRATION AND COST SHARING FOR THE IMPLEMENTATION AND ADMINISTRATION OF THE WATERSHED MANAGEMENT PROGRAM (WMP) FOR THE RIO HONDO/SAN GABRIEL RIVER WATER QUALITY GROUP This Memorandum of Agreement (MOA) is made and entered into as of the date of the last signature set forth below (Effective Date) by and between the COUNTY OF LOS ANGELES (“COUNTY”), a political subdivision of the State of California, and the CITIES OF ARCADIA, BRADBURY, DUARTE, MONROVIA, AND SIERRA MADRE (“CITIES”), municipal corporations. Collectively, these entities shall be known herein as PARTIES or individually as PARTY. RECITALS WHEREAS, the Regional Water Quality Control Board, Los Angeles Region (Regional Board) adopted National Pollutant Discharge Elimination System Municipal Separate Storm Sewer System Permit (MS4 Permit) Order No. R4-2012-0175; and WHEREAS, the MS4 Permit became effective on December 28, 2012, and requires that the LACFCD, COUNTY, and 84 of the 88 Cities (excluding the Cities of Avalon, Long Beach, Palmdale, and Lancaster) within the County of Los Angeles comply with the prescribed elements of the MS4 Permit; and WHEREAS, the MS4 Permit identified the PARTIES as MS4 permittees that are responsible for compliance with the MS4 Permit requirements pertaining to the Rio Hondo/San Gabriel River Water Quality Group Watershed Management Area; and WHEREAS, the PARTIES entered into a memorandum of understanding on August 29, 2013 to collaborate in the development of an Enhanced Watershed Management Program (“EWMP DEVELOPMENT MOU”); and WHEREAS, the PARTIES submitted an Enhanced Watershed Management Program (“EWMP”) to the Regional Board on June 28, 2015, and it was approved on April 21, 2016. The Regional Board’s approval of the EWMP indicated to begin implementation immediately; and WHEREAS, the PARTIES amended the EWMP DEVELOPMENT MOU (“FIRST AMENDMENT MOU”) to collaborate on the initial steps to further investigate project feasibility and finalize the