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TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: DIRECTOR OF PUBLIC WORKS
SUBJECT: SANTA MONICA BAY WATERSHED –JURISDICTION 7 JOINT TMDL COMPLIANCE MEMORANDUM OF AGREEMENT
1. Approve the joint Total Maximum Daily Loads (TMDL) compliance “Memorandum of Agreement” (Agreement) for Jurisdiction 7,
The Federal Clean Water Act (“CWA”) requires the California Regional Water Quality Control Board, Los Angeles Region (“Regional Board”) to develop water quality standards which include beneficial use designations and criteria to protect beneficial uses for each water body within its region. Section 303(d) of the CWA requires, among other things, that each state identify and prepare a list of water bodies that do not meet water quality standards (impaired water bodies). Section 303(d) further requires that each state establish waste load allocations or total maximum daily loads (“TMDLs”) for each impaired water body that will ensure attainment of water quality standards and incorporate those allocations into its water quality control plans.
The Regional Board listed many beaches along Santa Monica Bay on California’s 303(d) list due to historical impairments due, in large part, to elevated bacteria levels and beach closures associated with high bacteria levels. Beaches with elevated bacteria levels prevent use of the beach for water contact recreation (REC-1).
In compliance with its obligations under the CWA, on October 25, 2001, the Regional Board adopted Resolution 2001-018 establishing revised bacteriological water quality objectives for the REC-1 beneficial use and amending the Regional Board’s Basin Plan.
On December 12, 2002, the Regional Board adopted Resolution No. 2002-022 establishing wet-weather TMDL limits for Santa Monica Bay. The TMDL addresses documented bacteriological water quality impairments at 44 beaches from the Los Angeles/Ventura County line to the Outer Cabrillo Beach, just south of the Palos Verdes Peninsula. Finally, on January 24, 2002, the Regional Board adopted Resolution No. 2002-004 establishing dry-weather TMDL limits for Santa Monica Bay.
Jurisdiction 7 consists of the areas of the Palos Verdes Peninsula draining to Santa Monica Bay and includes the following six agencies: the cities of Rancho Palos Verdes, Palos Verdes Estates, Los Angeles, Rolling Hills, Rolling Hills Estates and the County of Los Angeles. The City of Rancho Palos Verdes, which comprises 56.34 percent of the land area within Jurisdiction 7, has been designated by the Regional Board as the Primary Jurisdiction for Jurisdiction 7.
Resolution 2002-022 imposes various requirements and deadlines on the jurisdictions including: (1) the submittal of a coordinated shoreline monitoring plan, (2) daily or weekly systematic sampling of the wave wash at all existing monitoring stations and major storm drains to determine compliance, (3) the submittal of a separate implementation plan by each of the seven jurisdictions, (4) no increase of the number of days that sampling results exceed bacteria levels [Jurisdiction 7 is already essentially in compliance and is subject to anti-degradation provisions, other jurisdictions are required to achieve reductions in exceedance days], and finally, (5) Resolution 2002-004 requires each jurisdictional group to achieve final implementation targets of no summer dry-weather day exceedances by July 2006 and no winter dry-weather day exceedances by July 2009.
Resolution 2002-022 makes all responsible municipalities and agencies within each jurisdiction jointly responsible for complying with the allowable number of exccedance days for each associated shoreline monitoring site. In order to cooperate with each other to satisfy the TMDL requirements, the members of Jurisdiction 7 are proposing the Memorandum of Agreement attached to this report.
And finally, Regional Board Resolution No. 2006-008 requires the jurisdictions to prepare and submit reports and documents as are requested by the Regional Board
ANALYSIS OF AGREEMENT
The Memorandum of Agreement (“Agreement”) sets forth the respective duties and obligations of the Jurisdiction 7 members with respect to implementing the TMDL and the water quality standards set forth in the Basin Plan and provides the City of Rancho Palos Verdes, the Primary Jurisdiction, with the necessary authority to hire consultants to conduct sampling at the monitoring site(s) and take such other action necessary or convenient to implement the Agreement. Jurisdiction 7 members have met numerous times to discuss the terms of the Agreement. The Agreement attached to this report for City Council consideration represents the culmination of negotiations between the Jurisdiction 7 members. The agreement remains in effect until July 15, 2013.
Section 4 of the Agreement outlines the joint obligations of the Jurisdiction 7 members. The obligations include: (1) conducting the required shoreline sampling, (2) initiate investigations at out-of-compliance beaches, (3) develop [and implement] the Jurisdiction 7 implementation plan, (4) establish compliance deadlines and (5) prepare reports as requested by the Regional Board.
Section 5 of the Agreement sets forth the obligations of each Jurisdiction 7 member. These obligations require each member to: (1) annually budget and appropriate sufficient funds to cover its share of the annual costs, (2) deposit its share of the estimated annual costs with Rancho Palos Verdes, (3) provide such assistance as Rancho Palos Verdes may reasonably request with implementation of the Shoreline Monitoring and Implementation Plans, (4) meet and confer with Rancho Palos Verdes and other members as needed to ensure the orderly implementation of said plans and (5) recognizes Rancho Palos Verdes as the Primary Jurisdiction.
Exhibit B of the Agreement shows the percentage contribution of each of the Jurisdiction 7 members.
Under the Agreement, each Jurisdiction 7 member is responsible for its own actions and agrees to indemnify the other member agencies from all claims, suits or actions occurring by reason of any action or failure to act by that member agency in connection with the performance of its obligations under the Agreement.
Approving the Memorandum of Agreement for Jurisdiction 7 will allow the City of Rancho Palos Verdes to comply with its obligations under the Regional Board’s adopted goals and water quality standards. The Agreement will officially document the respective duties of the Jurisdiction 7 members and will vest the City of Rancho Palos Verdes, the Primary Jurisdiction, with the necessary authority to hire consultants, conduct sampling at designated monitoring sites and take such other action as is necessary or convenient to impellent the Agreement.
The adopted FY 2006-07 City Budget provides funding in the amount $15,500 in the Storm Water Quality Fund for offshore water quality monitoring. The attached Resolution is needed to increase the budget to $30,000. The fiscal impact is dependant to a large degree upon the results of the weekly monitoring that is currently being conducted by the Sanitation Districts of Los Angeles County at no cost to Jurisdiction 7.
Meetings of the Jurisdiction 7 members, monthly analysis of the Sanitation Districts’ sampling results and annual reports are expected to be ongoing costs of approximately $5,000 to $7,500 annually. Any exceedances that require field investigations and shoreline surveys will necessitate further expenditure of funds.
Adopting the staff recommendation will result in allocating the amount of $16,920 for fiscal year 2006-07 toward the City of Rancho Palos Verdes’ share of establishing a $30,000 fund for implementation the Agreement. Funds not expended during the current fiscal year will roll over into the following year. In July of each year, Jurisdiction 7 members will contribute such funds as needed to maintain the fund at $30,000. The funding source is the Storm Water Quality Fund, Professional Services.
Jim Bell, Director of Public Works
Les Evans, City Manager
Attachments: As noted