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HomeMy WebLinkAbout2023-03-28 - AGENDA REPORTS - AMEND AGMT LACO COST SHAREO Agenda Item: 6 1. CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR 14) CITY MANAGER APPROVAL: ' DATE: March 28, 2023 SUBJECT: AMENDMENT OF MEMORANDUM OF AGREEMENT WITH LOS ANGELES COUNTY FOR COST SHARING NPDES PERMIT, CIMP AND EWMP COMPLIANCE DEPARTMENT: Neighborhood Services PRESENTER: Darin Seegmiller RECOMMENDED ACTION City Council: 1. Approve amendment of the cost sharing Memorandum of Agreement with Los Angeles County and the Los Angeles County Flood Control District, subject to City Attorney approval. 2. Authorize City Manager or his designee to execute all agreements and contracts related to amending the Memorandum of Agreement. BACKGROUND This item for City Council consideration is a request to amend an existing Memorandum of Agreement (MOA) between the City of Santa Clarita (City), Los Angeles County (County), and the Los Angeles County Flood Control District (Flood Control District). The MOA continues the City's existing partnership with these agencies to develop and implement the Coordinated Integrated Monitoring Program and Enhanced Watershed Management Plan/Watershed Management Program for compliance with the Municipal Stormwater National Pollutant Discharge Elimination System Permit (NPDES Permit). The City Council approved the five-year MOA on October 13, 2020, and included a cost -sharing schedule. On November 14, 2022, the Tesoro Del Valle Annexation (Tesoro Annexation) was completed. In the joint resolution that the City Council and other required agencies approved, the City committed to the following items related to the existing MOA: Page 1 Packet Pg. 26 O 11. Promptly after the effective date of Reorganization 2020-01, the City shall amend the Watershed Management Program for the Upper Santa Clara River Watershed to reflect that the area annexed pursuant to Reorganization 2020-01 is within the jurisdiction of the City. 12. Promptly after the effective date of Reorganization 2020-01, the City shall amend the Coordinated Integrated Monitoring Program for the Upper Santa Clara River Watershed to reflect that the area annexed pursuant to Reorganization 2020-01 is within the jurisdiction of the City. 13. Promptly after the effective date of Reorganization 2020-01, the City shall amend the existing cost -sharing Memorandum of Understanding for the Upper Santa Clara River Watershed group to reflect that the area annexed pursuant to Reorganization 2020-01 is within the jurisdiction of the City. The actions required by items 11 and 12 of the joint resolution are in progress, but will ultimately require approval by the Los Angeles Regional Water Quality Control Board (Regional Board). Staff will continue to work with the Regional Board to secure these approvals. This agenda item will satisfy the requirement of item 13 and revises Table A.1 of the MOA. The expansion of the City, as a result of the Tesoro Annexation and the City's increased area within the watershed, increases the City's financial obligation toward this effort from 37 percent to 39 percent. This change increases the City's obligation by $17,169 for the final three years of the agreement. ALTERNATIVE ACTION Other action as determined by City Council. FISCAL IMPACT There is no impact to the General Fund with this action. This amendment to the Memorandum of Agreement with Los Angeles County and the Los Angeles County Flood Control District will increase the City's portion of the cost share as shown in Table 3 City of Santa Clarita Invoice Schedule. ATTACHMENTS USCR MOA Amendment 2 - Exhibit A.1 Page 2 Packet Pg. 27 6.a SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND Los Angeles County and Los Angeles County Flood Control District FOR THE ADMINISTRATION AND COST SHARING FOR IMPLEMENTING THE COORDINATED INTEGRATED MONITORING PROGRAM, UPDATING THE ENHANCED WATERSHED MANAGEMENT PROGRAM, AND NECESSARY REPORTS FOR THE UPPER SANTA CLARA RIVER WATERSHED THIS SECOND AMENDMENT ("Amendment") is made by and between the CITY OF SANTA CLARITA, a general law city and municipal corporation existing under the laws of California ("CITY"), Los Angeles County ("COUNTY") and Los Angeles County Flood Control District ("LACFCD"), and relates to that certain Memorandum of Agreement dated for THE ADMINISTRATION AND COST SHARING FOR IMPLEMENTING THE COORDINATED INTEGRATED MONITORING PROGRAM, UPDATING THE ENHANCED WATERSHED MANAGEMENT PROGRAM, AND NECESSARY REPORTS FOR THE UPPER SANTA CLARA RIVER WATERSHED ([as amended to date, f[insert if applicable] the "Agreement'). 1. The Agreement is hereby amended as follows (check as applicable; cross -out or delete what is not applicable) : ❑ The term of the Agreement is hereby extended through ❑ The maximum amount payable to CONSULTANT is hereby increased from $ to $ X The scope of work or services under the Agreement is hereby amended to also include the matters described in Exhibit A.1 and B 1 attached hereto and incorporated herein by this reference. 2. Pursuant to Exhibits A and B of the Agreement, Exhibits A.1 and B.1 [new section; amendment to section] to read as follows: [Insert if applicable; otherwise insert NIAJ "EXHIBIT A.1 Upper Santa Clara River Watershed CIMP-EWMP Page 1 of 7 Packet Pg. 28 6.a Table 1 Total Estimated MOA Costs 2020-21 2021-22 2022-23 2023-24 2024-25 5 Years Deliverables Estimated Estimated Estimated Estimated Estimated Estimated Costa Cost° Cost° Cost° Cost° Cost Variable Costs' Monitoring Program Management $50,000 $50,000 $50,000 $50,000 $50,000 $250,000 Dry Weather Monitoring $30,000 $30,000 $30,000 $30,000 $30,000 $150,000 Wet Weather Monitoring $100,000 $100,000 $100,000 $100,000 $100,000 $500,000 Source ID Additional Monitoring $25,000 $25,000 $25,000 $25,000 $25,000 $125,000 Reporting $70, 000 $70, 000 $70, 000 $70, 000 $70, 000 $350,000 QAPP, Health and Safety Plan $20,000 $3,000 $3,000 $3,000 $3,000 $32,000 Laboratory Analysis $30,000 $30,000 $30,000 $30,000 $30,000 $150,000 Toxicity (Potential) $125,000 $25,000 $25,000 $25,000 $25,000 $225,000 Monitoring Subtotal $450,000 $333,000 $333,000 $333,000 $333,000 $1,782,000 Fixed CostS2 Plan Updates Project Management $50,000 $50,000 $100,000 Update Work Plan $150,000 $150,000 CIMP Update - Review/Assess $15,000 $50,000 $65,000 Monitoring Sites CIMP Update - Review Adaptive $15,000 $15,000 Management Cl MP Update - Other New $25,000 $25,000 Requirements Analysis CIMP Update - Draft Doc, Public $45,000 $45,000 Process, Final Doc $25,000 $25,000 EWMP Update - Existing and New $75,000 $75,000 BMP Assessment EWMP Update - RAA $150,000 $150,000 W MMS/Sustain EWMP Update - Cost $50,000 $50,000 Estimate/Schedule EWMP Update - Draft Doc, Public $50,000 $50,000 $100,000 $200,000 Process, Final Doc Data, Meetings & Reports $350,000 $350,000 $50,000 $150,000 $0 $900,000 Subtotal Subtotal $800,000 $683,000 $383,000 $483,000 $333,000 $2,682,000' City of Santa Clarita Admin (5%) $40,000 $34,150 $19,150 $24,150 $16,650 $134,100 Annual Cost $840,0001 $717,1501 $402,150 $507,150 $349,650 $2,816,100 Contingency (10%) 5 Total MOA Cost $281,610 $3,097,710 1 - Variable costs are subject to reconciliation if actual expenditures are less than estimated. 2 - Fixed costs are not subject to reconciliation. 3 - Includes substantiated costs incurred by the CITY for implementing certain requirements of the CIMP and MS4 Permit prior to execution of this MCA 4 - Estimated cost partly based on previous year costs plus 3% annual inflationary increase 5 - The CITY will notify the PARTIES if actual expenditures are anticipated to exceed the cost estimates contained in Table 1 and obtain written approval of such expenditures from all PARTIES Page 2 of 7 Packet Pg. 29 6.a Table 2. Cost Share Amount by Party and Percent Land Use Acres Prior 2020-21 2021-22 Acres After 2022-23 2023-24 2024-25 Term Total Party toNovember percent of November Percent of 2022 Area Estimated Estimated 2022 Area Estimated Estimated Cost' Cost° Cost° Cost4 Estimated Cost° Mou Cost 76066 63% $294,905 $1,675,951 County of Los Angeles $499,911 $426,799 74323 61% $233,848 $203,320 City of Santa Clarita 45357 37% $298,089 $254,494 47100 39% $148,194 $186,887 $128,848 $999,344 LACFCD 5% IWA $42,002 $35,858 WA $20,108 $25,358 $17,483 $140,805 Total 121423 100% $840,000 $717,150 121423 100% $402,150 $507,150 $349,650 $2, 816,100 Table 3 City of Santa Clarita Invoicing Schedule Party 2020-211 2021-22 2022-23 2023-24 2024-25 5-Year Total Total w/ Contingencyz Invoice Invoice Invoice Invoice Invoice County of Los Angeles ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ $499,911 $426,799 $233,848 $294,905 $203,320 $1,675,951 $1,843,546.10 City of Santa Clarita ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 298,089 $254,493 $148,194 $186,887 $128,848 $999,344 $1,099,278.40 LACFCD $42,000 $35,858 $20,108 $25,358 $17,483 $140,805 $154,885.50 1 - Includes substantiated costs incurred by the CITY for implementing certain requirements of the CIMP and MS4 Permit prior to execution of this MCA 2 - The CITY will notify the PARTIES if actual expenditures are anticipated to exceed the cost estimates contained in Table 1 of Exhibit A and obtain written approval of such expenditures from all PARTIES 3 - Includes substantiated costs incurred by the CITY for implementing certain requirements of the CIMP and MS4 Permit prior to execution of this MCA 4 - Estimated cost partly based on previous year costs plus 3% annual inflationary increase Page 3 of 7 Packet Pg. 30 6.a EXHIBIT B.1 Upper Santa Clara River Watershed CIMP-EWMP Responsible Agencies Representatives 1. County of Los Angeles Department of Public Works Stormwater Quality Division, 11 th Floor 900 South Fremont Avenue Alhambra, CA 91803-1331 Mark A. Lombos, Division Head E-mail: mlombos@dpw.lacounty.gov Phone: (626) 300-4665 2. Los Angeles County Flood Control District Department of Public Works Stormwater Quality Division, 11 th Floor 900 South Fremont Avenue Alhambra, CA 91803-1331 Mark A. Lombos, Division Head E-mail: mlombos@dpw.lacounty.gov Phone: (626) 300-4665 3. City of Santa Clarita 23920 Valencia Boulevard Santa Clarita, CA 91355 Jerrid McKenna, Director of Neighborhood Services E-mail: jmckenna@santa-clarita.com Phone: (661) 255-4921 3. This Amendment may be executed in any number or counterparts, each of which will be an original, but all of which together constitutes one instrument executed on the same date. 4. Except as modified by this Amendment, all other terms and conditions of the Agreement remain in full force and effect. [SIGNATURES ON NEXT PAGE] Page 4 of 7 Packet Pg. 31 6.a ELECTRONIC TRANSMISSION OF CONTRACT AND SIGNATURE. The parties agree that this Amendment may be transmitted and signed by electronic mail by either/any or both/all parties, and that such signatures shall have the same force and effect as original signatures, in accordance with California Government Code section 16.5 and Civil Code section 1633.7. IN WITNESS WHEREOF, the parties hereto have executed this contract on this date of COUNTY OF LOS ANGELES MARK P. PESTRELLA Director of Public Works APPROVED AS TO FORM: DAWYN R. HARRISON Interim County Counsel Deputy Page 5 of 7 Date Date Packet Pg. 32 6.a LOS ANGELES COUNTY FLOOD CONTROL DISTRICT MARK P. PESTRELLA Chief Engineer APPROVED AS TO FORM: DAWYN R. HARRISON Interim County Counsel :r Deputy Page 6 of 7 Date Date Packet Pg. 33 6.a CITY OF SANTA CLARITA Im Kenneth W. Striplin City Manager APPROVED AS TO CONTENT: Jerrid McKenna Director of Neighborhood Services APPROVED AS TO FORM: In Joseph M. Montes City Attorney FOR CONSULTANT: Im Page 7 of 7 Date IF CORPORATION: m. Packet Pg. 34