CONTRACT 3345 OtherC- t ul 500
3�4 ,j
MEMORANDUM OF AGREEMENT
BETWEEN
CITY OF LOS ANGELES AND CITY OF EL SEGUNDO
FOR
SANTA MONICA BAY DRY AND WET WEATHER BACTERIA TMDLs
SHORELINE WATER QUALITY MONITORING
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MEMORANDUM OF AGREEMENT
SANTA MONICA BAY WET WEATHER BACTERIA TMDL IMPLEMENTATION
JURISDICTIONAL GROUPS TWO AND THREE
This Memorandum of Agreement ( "MOA ") is made and entered into as of the date of the last
Party signature set forth below by and among the City of Los Angeles, a body corporate and
politic ( "Los Angeles "); the City of Santa Monica, a body corporate and politic ( "Santa
Monica "); the County of Los Angeles, a political subdivision of the State of California
( "County "); the City of El Segundo, a body corporate and politic ( "El Segundo "); and the State
of California, through its Department of Transportation ( "Caltrans "); (individually "Party' and
collectively, "Parties "), with respect to the following:
Whereas, on March 19, 2003, the State Water Resources Control Board approved Resolution
No. 2002 -022 ( "Resolution 2002 - 022 ") adopted by the California Regional Water Quality
Control Board, Los Angeles Region ( "RWQCB ") establishing the limit for the Total Maximum
Daily Loads for bacteria during wet weather for Santa Monica Bay Beaches ( "Bacteria TMDL "),
a true and correct copy of which is attached as Exhibit A hereto and incorporated herein; and
Whereas, the TMDL became effective on July 15, 2003; and
Whereas, the Bacteria TMDL is not self - executing and has not been incorporated into the
National Pollutant Discharge Elimination System Permit regarding Waste Discharge
Requirements For Municipal Stormwater and Urban Runoff Discharges Within the County of
Los Angeles, and the Incorporated Cities therein, except the City of Long Beach, dated
December 13, 2001 ( "NPDES Permit ") in the manner required by be enforceable; and
Whereas, the TMDL addresses documented bacteriological water quality impairments at 44
beaches from the Los Angeles/Ventura County line (to the northwest) to Outer Cabrillo Beach
(just south of the Palos Verdes Peninsula); and
Whereas, in addition to establishing TMDLs for Santa Monica Bay, Resolution 2002 -022
also: (1) divided Santa Monica Bay into seven jurisdictional groups; (2) assigned communities
and other responsible jurisdictions to these seven jurisdictional groups; (3) assigned lead
agencies ( "Primary Jurisdictions ") for each jurisdiction; and (4) identified Responsible Agencies
within those Jurisdictional Groups who are to submit implementation plans outlining how the
Jurisdictional Groups intend to comply with the Bacteria TMDL; and
Whereas, each of these seven jurisdictions is comprised of a group of associated sub -
watersheds. Jurisdiction Two consists of an area comprising the Castlerock, Santa Ynez Canyon,
Pulga Canyon, Santa Monica Canyon, and Dockweiler subwatersheds. Jurisdiction Two
includes the following agencies: the City of Los Angeles, the City of El Segundo, the City of
Santa Monica, the County of Los Angeles, the California Department of Transportation
( "Caltrans "), and the California Department of Parks and Recreation. The City of Los Angeles is
the "primary jurisdiction" ( "Primary Jurisdiction ") for Jurisdiction Two. Jurisdiction Three
consists of the Santa Monica subwatershed and includes the following agencies: the City of
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Santa Monica, the City of Los Angeles, the County of Los Angeles, Caltrans, and the California
Department of Parks and Recreation. The City of Santa Monica is the "primary jurisdiction"
( "Primary Jurisdiction ") for Jurisdiction Three; and
Whereas, for the purposes of implementing the TMDLs, Resolution 2002 -022 defines
"responsible jurisdictions and agencies" as: (1) local agencies that are responsible for discharges
from a publicly owned treatment works to the Santa Monica Bay watershed or directly to the
Bay; (2) local agencies that are permittees or co- permittees on a municipal storm water permit;
(3) local or state agencies that have jurisdiction over a beach adjacent to Santa Monica Bay; and
(4) the California Department of Transportation. Resolution 2002 -022 additionally defines
"primary jurisdiction" as the jurisdiction comprising greater than fifty percent (50 %) of the land
area in a defined sub - watershed; and
Whereas, the Parties identified herein as comprising for Jurisdictional Groups Two and
Three, are willing to enter into this MOA to set forth their willingness to enter into a cooperative
agreement to devise voluntary implementation plans consistent with the provisions of the
Bacteria TMDL, including the submission of a written draft implementation plan no later than
twenty (20) months after the effective date of the Bacteria TMDL ( "Draft Implementation Plan")
and a final written report ( "Final Implementation Plan") no later than two (2) years after the
effective date of the Bacteria TMDL (collectively "Implementation Plan"); and
Whereas, while the TMDL identifies the California Department of Parks and Recreation as a
responsible agency in Jurisdictional Group Two and Three, given its jurisdiction over State
Beaches within the boundaries of these Jurisdictional Groups, the California Department of
Parks and Recreation has elected to develop its own implementation plan for complying with the
Bacteria TMDL; and
Whereas, the Parties agree that the Implementation Plan to be submitted on behalf of the
Parties shall adopt the "Integrated Water Resources approach ( "IWR Approach ") that will be
consistent with the provisions of the Bacteria TMDL, wherever technically, politically, and
economically feasible, which provides for final compliance within no more than 18 years after
the effective date of the Bacteria TMDL. The Parties understand the IWR Approach to be one
that not only seeks compliance with the Bacteria TMDL, but also remedies other water quality
impairments in the area, as well as other public works needs, but also need not include
groundwater recharge and the reuse of storm runoff, and
Whereas, to facilitate a coordinated, cooperative and cost - effective voluntary program that is
consistent with the Bacteria TMDL, the Parties have agreed to contribute funds to Los Angeles
who will to contract with a Consultant for the preparation of the Implementation Plan, and any
incidental documents to achieve the goals of this MOA. The Parties agree that the formula, set
forth in Exhibit "C" will be used to calculate each of the Parties' share of financial contribution
to prepare the Implementation Plan, and any incidental documentation thereto; and
NOW, THEREFORE, in consideration of the mutual benefits and promises made herein,
the Parties do hereby agree as follows:
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AGREEMENT
ARTICLE I — Purpose of MOA and Nature of Implementation Plan
1. Purpose of MOA —
A. The Parties agree that the purposes of this MOA is to cooperatively and
voluntarily devise and jointly fund an implementation program that is consistent with the
provisions of the Bacteria TMDL which will include the development and submittal of a
Draft Implementation Plan by March 15, 2005, and a Final Implementation Plan by July
15, 2005 and to share the costs associated with the development of that Implementation
Plan. The Parties agree to apply the IWR Approach to the Implementation Plan as
described in the Bacteria TMDL.
B. The Parties desire to cooperate with each other to voluntarily develop a
coordinated Implementation Plan that employs an IWR Approach for both Jurisdictional
Groups Two and Three. The Parties further desire to set forth their respective duties and
obligations under this MOA with respect to the voluntary development and submittal of
the Implementation Plan and to contribute to Los Angeles, the Primary Jurisdiction for
Jurisdiction Two, funds to contract with a third party for the development, preparation
and submittal of the Implementation Plan and any incidental documentation consistent
with the Bacteria TMDL. The Parties also agree on a formula by which to calculate each
of the Parties' financial contribution to prepare the Implementation Plan.
C. This MOA is voluntarily entered for the development of a cost effective and a
well- coordinated Implementation Plan consistent with the provisions of the Bacteria
TMDL, to establish the roles of the Parties to prepare the Implementation Plan, and to
address the cost sharing among the Parties for the retention of a consulting team by Los
Angeles for the development of an Implementation Plan that is consistent with the goals
of Jurisdictional Groups Two and Three and the Bacteria TMDL.
2. "Maximum Extent Practicable" Standard — Nothing in this MOA, nor the Work, nor
any activity approved or carried out by the Parties hereunder, shall be interpreted as a waiver of
the position that the efforts to be undertaken by the Parties are subject to the "Maximum Extent
Practicable" standard set forth in the Clean Water Act (33U.S.C. Section 1251 et seq.)
ARTICLE II— CONTRACTING AND FUNDING
1. Contracting — The Parties agree that Los Angeles will contract with the Joint Venture of
C112M Hill, Inc. and Camp Dresser & McKee, Inc. (CH:CDM) to assist with the development of
an Implementation Plan that is consistent with the goals of the Jurisdictional Groups Two and
Three and consistent with the Bacteria TMDL. Los Angeles' contract with the consultant shall
incorporate Los Angeles contracting requirements and policies. The contract shall recite,
however, that while it is for the benefit of all of the Parties CH -CDM shall look solely to Los
Angeles for payment. Further, the contract shall recite that funds were contributed to Los
Angeles by the Parties in the amounts agreed to by the Parties herein. The Los Angeles' contract
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with CH -CDM shall also provide that Los Angeles may terminate said contract upon sixty (60)
days written notice.
2. Administration of Consultant — Los Angeles shall be responsible for coordinating the
activities of CH:CDM to ensure that the Implementation Plan and all related deliverables, to be
specified in a Scope of Work agreed upon by the Parties in the manner provided herein, are being
delivered on time and within budget.
3. Funding Agreements —
a. The Parties hereby agree to share the costs of the Implementation Plan based on the
percentage of land area within the jurisdictional boundaries of each Party that is within the
combined Jurisdictional Groups Two and Three. The breakdown of landmass by agency and the
exact share for each Party is set forth in Exhibit C, attached hereto and incorporated herein by
this reference. Any funding arrangement reached by the Parties shall apply to the tasks set forth
in Article 1, Section 1, above, and shall not extend to any actual implementation of the
Implementation Plan. All Parties agree that the total cost to prepare and submit the
Implementation Plan, and any incidental documents thereto, shall not exceed $782,000 unless
express written consent is obtained from all Parties to amend this MOA to increase the total
authorized cost.
b. Caltrans Funding — Caltrans funding encumbered under this MOA is evidenced by
the signature of its District Budget Manager certifying as to funds in the maximum sum of
$6,025 having been allocated and encumbered to Caltrans share of the Work costs. Any cost to
be invoiced above this sum will require an amendment to this MOA.
4. Invoice and Payment — Upon contract execution with CH:CDM, all costs for the
Implementation Plan that to be completed are to be shared as set forth in Exhibit C. Fifty percent
(50 %) of each Party's share of cost for the consultant is due and payable to Los Angeles from
each Party upon execution of this MOU and the remaining fifty percent (50 %) is due in March
2005. Los Angeles will invoice the Parties and payment shall be made within forty five (45)
days of receipt of the invoice.
ARTICLE III — Organization
1. Meetings — The Parties agree that their Representatives (as defined below) shall meet, at
a minimum, once per month to discuss the development, preparation and submittal of the
Implementation Plan ( "Work Meetings "). The attendees at Work Meetings shall attempt to meet
in person, although teleconference meetings may be held upon agreement of the Parties. Work
Meetings shall be held at the Bureau of Sanitation, Watershed Protection Division facility, 2714
Media Center Drive, Los Angeles, CA 90065, or at such other locations as determined by the
Parties. The Chair shall distribute a written agenda at least two (2) business days prior to the
date of a Work Meeting, except in the case of an Emergency Meeting. The Chair or any two (2)
Parties may call an Emergency Meeting of the Parties. An Emergency Meeting is defined as an
urgent meeting to discuss issues that require immediate action or attention of the Parties and
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which must be resolved prior to the date of the next scheduled Work Meeting. Emergency
Meetings may be attended in person or by teleconference upon 24 hours notice to the Parties.
2. Quorum — Attendance or participation via teleconference at a Work Meeting or an
Emergency Meeting by at least three (3) Parties shall constitute a quorum effective to conduct
business, except that in no case shall a quorum exist in the absence of a representative from Los
Angeles or Santa Monica.
3. Representatives — Each of the Parties shall appoint a single voting representative
( "Representative ") and one or more alternates to vote at the Work Meeting or Emergency
Meetings, although other representatives of the Parties may also attend. The name of each of
the Parties' Representative is set forth in Exhibit B, but the Parties may each designate alternate
Representatives to act on its behalf by providing written or e-mail notice to the Chair 24 hours
before the Work Meeting or Emergency Meeting. A Representative from each of the Parties
must attend every scheduled Work Meeting or Emergency Meeting, except that any of the
Parties that will be absent from a Work Meeting or Emergency Meeting may appoint in writing
another Parties' Representative to act as its proxy, with full power to vote as directed by the
absent Party. Any such proxy arrangement shall be memorialized in a writing or electronic mail
transmitted to the Chair 24 hours prior to the date of the Work or Emergency Meeting.
4. Chair — The Representative from Los Angeles is designated as the Chair of the Work
Meetings and Emergency Meetings. In addition to the individual appointed Chair, the alternate
Chair shall be Santa Monica, who will serve in the absence of the Chair. The Chair or acting
Chair shall be the lead to provide communications made on behalf of the combined Parties to the
RWQCB or other third parties. All written communications shall be copied to all Parties to
MOA.
5. Information Sharing — The Parties mutually agree to share, to the extent not otherwise
prohibited by law or by legal or trade secret privilege, all information required to develop,
prepare, and submit documents for the Implementation Plan, including monitoring data, CADD
and GIS or other electronic data. Such sharing shall be subject to any applicable license
agreements or other restrictions. All data shared among the Parties shall be provided "as is" and
without warranties as to accuracy or as to any other characteristics, whether expressed or
implied. The intent of this data - sharing provision is to facilitate the development of the
Implementation Plan, and the Parties agree not to use such data for tasks unrelated to the
Implementation Plan.
6. Voting — Any actions taken at any meeting shall be approved by a simple majority of the
voting power cast by the Representatives, either acting on behalf of their Party or for another
Party through a properly noticed proxy. Each Party shall be bound as to any action taken by the
Parties at a Work Meeting or Emergency Meeting, whether that Party was present or absent from
the Work Meeting or Emergency Meeting.
7. Subcommittees — The Parties may appoint such subcommittees, as they believe
appropriate and useful to conduct the work set forth in this MOA, except that any actions to be
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taken by the Parties shall be voted on by the Representatives at the Work Meetings or
Emergency Meetings.
8. Minutes — Los Angeles and Santa Monica shall alternatively draft and distribute written
minutes of all meetings. The minutes of all Work Meetings and Emergency Meetings shall be
distributed to the Representatives of the Parties by email or at the addresses designated in Exhibit
B.
9. a. Grant of Mutual Access Rights — During the term of this MOA, each of the Parties
except Caltrans hereby grants to the other Parties the right of access and entry to all storm drains,
creeks, beaches, and existing monitoring stations at beaches subject to this MOA (the
"Property ") at all reasonable times for the purpose of discharging the duties and obligations
described in this MOA. Prior to exercising said right of entry, the entering Party shall provide
reasonable written notice to the Party who owns the Property. For the purposes of this provision,
written notice shall include notice delivered via email. All notices provided pursuant to this
Article shall be delivered to the Party Representative at least 48 hours in advance of entry onto
the Property and must receive confirmation from the Party that entry may proceed onto the
Property. The Parties shall indemnify, defend and hold harmless each other, their Special
Districts, elected and appointed officers, employees, and agents from and against any and all
liability, including but not limited to demands, claims, actions, fees, costs, and expenses
(including attorney and expert fees), arising from or connected with the entry onto the Property
and Work performed on said Property.
b. Access to Caltrans Facilities — Any Party intending to enter onto a Caltrans right of
way shall first make a written request to the Caltrans party listed in Exhibit B, identifying the site
location, extent of access by persons (and equipment if any), dates and times of entry, as well as
an explanation of the purpose of that entry. Caltrans will thereafter determine, within ten (10)
working days, if that entry will be allowed without a formal encroachment permit issued by the
District Permit Engineer as an authorized presence of non - Caltrans parties not interfering with or
threatening the safety of the traveling public or the integrity of the Caltrans' infrastructure. In
such case, Caltrans will condition that right of entry on the accompaniment of a Caltrans
representative who shall be empowered to restrict or limit the access of those permittees as
deemed necessary, at the sole discretion of Caltrans. Where adverse impacts to traffic or the
traveled way can be anticipated by Caltrans, Caltrans may require the applicant Party to submit a
formal encroachment permit application, to be filed and completed together with Traffic Control
Plans when necessary (which must be prepared by or under the supervision of a traffic engineer
licensed in the State of California) with the District Permit Engineer. An encroachment permit
may require as much as six (6) weeks to be issued depending upon the extent of coordination and
development of traffic controls required for that access.
ARTICLE IV — GENERAL PROVISIONS
1. Notices — Any notices, bills, invoices, or reports relating to this MOA, and any request,
demand, statement or other communication required or permitted hereunder shall be in writing
and shall be delivered to the Representatives of the Parties at the addresses set forth in Exhibit B
attached hereto. Written notice shall include notice delivered via email. A notice shall be
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334 5 . .
deemed to have been received on (a) the day of delivery, if delivered by hand during regular
business hours or by confirmed facsimile or by confirmed email; or (b) on the third business day
following deposit in the United States mail, postage prepaid to the addresses set forth in Exhibit
B attached hereto.
2. Relationship of the Parties — The Parties are, and shall at all times remain as to each
other, wholly independent entities. No Party to this MOA shall have power to incur any debt,
obligation, or liability on behalf of any other Party unless expressly provided to the contrary by
this MOA. No employee, agent, or officer of a Party shall be deemed for any purpose
whatsoever to be an agent, employee or officer of another Party.
3. Administration — For the purposes of this MOA, the Parties hereby designate as their
respective Party Representatives the persons named in Exhibit B. The designated Party
Representatives, or their respective designees, shall administer the terms and conditions of this
MOA on behalf of their respective Party. Each of the persons signing below on behalf of a Party
represents and warrants that they are authorized to sign this MOA on behalf of such Party.
4. Cooperation, Further Acts — The Parties shall cooperate fully with one another to attain
the purposes of this MOA.
5. Amendments — This MOA may be amended by simple majority vote of the voting power
of the Parties, except that the terms of any proposed amendment shall be transmitted in writing to
the Chair at least thirty (30) days prior to the date of a Work Meeting or, if the proposed
amendment is to be considered at an Emergency Meeting, the terms of such amendment shall be
transmitted in writing to the Chair at least five (5) business days prior to the date of the
Emergency Meeting. To be effective, all amendments must be in written form and executed by
all Parties.
6. Execution of Counterparts — This MOA may be executed simultaneously in
counterpart, each of which shall be deemed an original, but together, shall constitute but one and
the same instrument.
7. Effective Date — The effective date ( "Effective Date ") of this MOA shall be the date of
the last Party's signature. This MOA shall be binding upon and shall inure to the benefit of the
respective successors, heirs and assigns of each Responsible Agency.
8. Terms of Termination — This MOA shall continue in effect for three years following
execution of this Agreement unless earlier terminated in writing by all of the Parties.
9. Withdrawal from MOA — A Responsible Agency may withdraw from this MOA upon
60 days written notice to the Parties. The withdrawing Party will forfeit the 50% paid at the time
this MOA is executed, as denoted in the terms of Section 4, Article II. The remaining cost shares
and additional cost shares resulting from the withdrawal of a Party will be distributed among the
remaining Parties according to their proportional cost share as set forth in Exhibit C. All Parties
understand, acknowledge, and agree that withdrawal from the MOA shall terminate any
responsibility, liability or obligation resulting from this MOA commencing from the date of
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withdrawal. A Party who withdraws from the Agreement shall remain liable for any loss, debt,
liability otherwise incurred while participating in this Agreement.
10. Special Provisions for Caltrans' Delay in Appropriation of Funds — All obligations of
Caltrans under the terms of this agreement are subject to the appropriation of the resources by the
Legislature and the allocation of resources by the California Transportation Commission. This
MOA has been written before ascertaining the availability of federal or state legislative
appropriation of funds, for the mutual benefit of the Parties in order to avoid program and fiscal
delays that would occur if the MOA was executed after that determination was made.
This MOA is valid and enforceable as to Caltrans as if sufficient funds have been made available
to Caltrans by the United States Government or California State Legislature for the purposes set
forth in this MOA. If the United States Government or the California State Legislature does not
appropriate sufficient funds for Caltrans to participate in this MOA, this MOA may be amended
in writing by the Parties to reflect any agreed upon reduction in the percentage of funds
contributed by Caltrans to continue its participation in this MOA. Caltrans, however, has the
option to withdraw from this MOA in the event sufficient funds are not appropriated for
Caltrans.
Should Caltrans exercise its option to withdraw from this MOA, Caltrans shall remain
responsible for its share of liability, if any, incurred while participating in this MOA.
11. Indemnification — Each Party shall indemnify, defend, and hold harmless each other
Party, including its Special Districts, elected and appointed officers, agents and employees, from
and against any and all liability, including but not limited to demands, claims, actions, fees,
costs, and expenses (including attorney and expert witness fees), arising from or connected with
the acts arising from and/or relating to this MOA.
12. Governing Law — This MOA is governed by, interpreted under and construed and
enforced in accordance with the laws of the State of California
13. Severability — If any provision of this MOA shall be determined by any court to be
invalid, illegal or unenforceable to any extent, the remainder of this MOA shall not be affected
and this MOA shall be construed as if the invalid, illegal or unenforceable provision had never
been contained in this MOA.
IN WITNESS WHEREOF, the Parties to this MOA have caused this MOA to be
executed on their behalf, respectively, as follows:
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CITY OF LOS ANGELES
By:
Valerie Lynne Shaw, President
Board of Public Works
ATTEST:
J. Wfiael Carey
ft Clerk
�z
APPROVED AS TO FORM:
Rockard J. Delgadillo
City Attorney
By: of
Christopqhe/M�4.We s thoff
Assistant City Attorney
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CITY OF SANTA MONICA
ATTEST:
Maria Stewart, City Clerk
APPROVED AS TO FORM:
Marsha Jones MQu 'e, City ttomey
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.5 r 6 L iti L
Susan McCarthy, City Manager
COUNTY OF LOS ANGELES
ATTEST:
VIOLET VARONA - LUKENS
Executiv O�ice lerk of the
Board S pe of
the Co t of Los Anae�q
APPROVED AS TO FORM:
OFFICE OF THE COUNTY COUNSEL
By: 6ct-ln-
Deputy
COUNTY OF LOS ANGELES
Acting for itself and on behalf of the
Los Angeles County Flood Control District
By: ndiwor)
hai oard of S pe0i ors
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ADOPTED
W�O�SUPEp VI tORS WSAMMcs
so- NOV 9 2004
v rIO�iNV 4 S +.s�
EXECUTIEOFFICER
CITY OF EL SEGUNDO
ATTEST:
Cind ortesen
City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
Karl H. erger
Assistant City Attorney
By:
*ann, City Manager
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STATE OF CALIFORNIA
Department of Transportation
Tony V. Harris
Director of Transportation, Acting
By
Dougl° s R. Failing
District Director
APPROVED AS TO FORM & PROCEDURE:
William B. Bassett
Attorney
CERTIFIED AS TO FUNDS:
By:
District Budget Ma ger
District Agreement No. 07 -4702
Date:
CERTIFIED AS TO FINANCIAL TERMS AND CONDITIONS:
By: —
Acco n *ng Administrator
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334 s . . s
EXHIBIT A — Copy of
Resolution 2002 -022
State of California
California Regional Water Quality Control Board, Los Angeles Region
RESOLUTION NO. 2002 -022
December 12, 200`2
Amendment to the Water Quality Control Plan (Basin Plan) for the Los Angeles Region to
Incorporate Implementation Provisions for the Region's Bacteria Objectives and to
Incorporate a'4"t'et- Weather Total Masimum Daily Load for Bacteria at Santa Monica Bay
Beaches
WIMREAS., the California Regional Water Quality Control Board. Los Angeles Region,
finds that:
1. The federal Clean Water .Act (CWT) requires the California Regional Water Quality Control
Board. Los Angeles Region (Reg oval Board) to develop water quality standards which
include beneficial use designations and criteria to protect beneficial uses for each zvater body
fotund xvthin its region.
2. The Regional Board carries out its CV%7A responsibilities through California's Porter - Cologne
Water Quality Control Act and establishes water quality o*ctives designed to protect
beneficial uses contained in the Water Quality Control Plan for the Los Angeles Region
(Bashi Plan)_
3. Section 303(d) of the CWA requires states to identify and to prepare a list of water bodies
that do not meet water duality standards and then to establish load and waste load allocations,
or a total rnaximurn daily load (TNI DL), for each water body that will ensure attainment of
skater quality standards and then to incorporate those allocations into their aver quality,-
control plans.
4. Many of the beaches along Santa Monica Bay were listed on California's 1995 section 303(d)
list. due to impairments for coliforu or for beach closures associated with bacteria generally.
The beaches appeared on the 303(4) list because the elevated bacteria and beach closures
prevented full support of the beaches' designated use for water contact recreation (REC -1).
5. A consent decree between the U.S. Environmental Protection Agency (USEPA), Heal the
Bay, Inc. and BayKeeper, Inc. was approved on Nlarch 22. 1999. This court order directs tine
USEPA to complete T11 MLs for all the Los Angeles Region's impaired - waters 13
years_ A schedule was established in the consent decree for the completion of 29 T-II7Ls
vnthin 7 years, including completion of a TMDL to reduce bacteria at Santa Monica Ba_y
beaches by March 2003. The rennain'
Ing
TMDLs will be scheduled by Regional Board staff
within the 13 -year period.
6. The elements of a TMDL are described m 40 CFR 130.2 and 130.7 and section 303(4) of the
CWA, as well as in USEPA guidance documents (e.g,, USEPA. 1991). A TNIDL is defined
as `;the surn of the individual waste load .allocations for point sources and load allocations for
nonpoint sources and natural background'_ (40 CFR 130.2). Regulations fiurther stipulate that
T NIDLs must be set at --levels necessary to attain and maintain the applicable narrative and
numeric water quality standards with seasonal variations and a margin of safety that takes
into account any lack of knowledge concerning the relationship between effluent limitations
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Resolution No. 2002 -0122
Page 2
and water quality" (40 CFR 130.7(c)(1)). The provisions in 40 CFR 130.7 also state that
T2YE DL:s shall take into account critical conditions for stream floe, loading and water quality
parameters.
F. Upon establishment of TbEDLs by the State or USEPA, the State is required to incorporate
the TIvIDLs along with appropriate implementation measures into the State Water Quality
Management Plan (40 CFR 130.6(c)(1). 130.7). The Basin Plan and applicable statewide
plans serve as the State Water Quality Management Plans govenning the watersheds under the
jurisdiction of the Regional Board.
;. Santa Monica Bay is located in Los .Angeles County, California. The proposed TI IDL
addresses documented bacteriological water quality impairments at 44 beaches from the Los
Angelev'Ventura County, line, to the northwest, to Outer Cabrillo Beach, Just sotuh of the
Palos Verdes Peninsula.
�. The Regional Board is establishing the above- mentioned TIVIDL to presenxe and enhance the
water quality at Santa lMonica Bay beaches and for the benefit of the 55 million beachgoers,
on average_ that visit these beaches each year. At stake is the health of S%Xlnimers and surfers
and associated health costs as well as sizeable revenues to the local and state economy.
Estimates are that visitors to Santa Monica Bay beaches spend approximately s1.7 billion
annually.
10. The Regional Board's goal in establishing the above- mentioned TMDL is to reduce the risk
of ilhness associated with swimming in marine waters contaminated with bacteria. Local and
national epidermiological studies compel the conclusion that there is a causal relationship
between adverse health effects, such as ;gastroenteritis and upper respiratory illness, and
recreational water quality, as measured by bacteria indicator densities. The Lasater quality
objectives on which the T IDL numeric tarp ,ets are based Mll ensure that the risk of illness to
the public from swimming at Santa Monica Bay beaches generally will be no greater than 19
illnesses per 1,000 swvinnmers,, which is defined by the US EPA as an "acceptable health
risk"u' i marine recreational waters.
11. Interested persons and the public have had reasonable opportunity to participate in review of
the amendment to the Basin Plan. Efforts to solicit public rewrieLV and comment Include staff
presentations to the Santa Monica Bay Restoration Project's Bay Watershed Council and
Technical Advisory Committee between May 1999 and October 2001 and creation of a
Steering Committee in July 1999 to provide input on scientific and technical compotnents of
the TMDL with participation by the Souther California Coastal Water Research Project.
City of Los Angeles, County of Los Angeles Department of Public lkTorks, County Sanitation
Districts of Los Angeles County, Heal the Bay, and Santa Monica. Bay Restoration Project.
12. A first draft of the "MIDL for bacteria at Santa .Monica Bay beaches mas released for public
comment on November 9, 2001; an interim draft TNML covering ivet -weather only was
released on June 21, 2002, for discussion at a public workshop; and a public workshop on the
draft Wet - Weather T1vIDL wwas held on June 27, 2002 at a regularly scheduled Regional
Board meeting.
13. A final draft of the Wet- Weather T'XIDL along with a Notice of Hearing and Notice of Filing
were published and circulated 45 days preceding Board action; Regional Board staff
responded to oral and written continents received from the public; and the Regional Board
Final — 13:1':0'
15
Re, olution No. 20,02-02 1
Pace 3
held a public hearing on September 26, 2002 to consider a do p ti on of the Wes- Weather
TMDL.
14. The Regional Board continued the item from the September 26, 2002 Board meeting to The
December 12, 2002 Board meeting to give staff time to make revisions based on public
comments and Board discussion at the September 26, 21002 Board meeting. Specifically, the
Board wanted an implementation program that was reasonable and as short as practicable
given the testimony on Unpairments to the REC-1 beneficial use.
15. The Regional Board recognize,., that there are two broad approaches to implementing the
TNIDL. one approach is an integrated water resources approach that takes a holistic view of
regional water resources management by integrating planning for future wastewater. storm
water, recycled water, and potable water needs and systems; focuses on beneficial re-use of
storm water, ilicluchn2 groundwater infiltration, at multiple points throughout a watershed.
and addresses multiple pollutants for which Santa Monica Bay or its A'.ratershed are listed on
the CWA section 303(d) List as impaired. The other approach is a non - integrated water
resources, approach_
Some responsible Jurisdictions and agencies have indicated a preference to take an integrated
water resources approach to realize the benefits of re-using storm water to presence local
groundwater resources and to reduce reliance on inTorted water. The Regional Board
recognizes that an integrated water resources approach not onlonly provides water quality
benefits to the people of the Los .Angeles Region, but also recogluizes that the responsible
mg an
jurisdictions implementing this TN1DL can serve a variety of public purposes by adopt'
integrated water resources approach. An integrated water resources approach wile address
multiple pollutants., atid as a result, responsible jurisdictions can recognize cost-savings
because capital expenses for the integrated approach 1vill Implement several TXIDLs that
address pollutants in storm water. In addition, Jurisdictions serve multiple roles for their
citizenry, and atiintegrated approach allows for the incorporation and etiliancement of other
public 9 -
1 goals such as water supply, recycling and storage; en-vironniental' justice: P arks ,
greenways and open space, and active and passive recreational and environmental education
opportunities.
The Regional Board acknowledges that a longer timefranie is reasonable for an integrated
water resources approach because it requires more complicated planning and implementation
such as identifying markets for the water and efficiently Siting storage and transmission
infrastructure within the watershed(s) to realize the multiple benefits of such an approach.
16. Therefore, after considering testimony, the Regional Board directed staff to adjust the
implementation provisions of the TNMDL to allow for a longer implementation schedule (up to
18 years) only when the responsible jurisdictions and agencies clearly demonstrate their
intention to undertake an integrated water resources approach and justify the need for a
longer implementation schedule. In contrast, testimony indicated that ashorter
implementation schedule (up to 10 years) is reasonable and practicable for non- integrated approaches because the level of plaminig is not as complicated.
17. A revised draft of the Basin Plan amendment and Tentative Resolution were circulated 45
days preceding Board action. Regional Board staff responded to oral and aTitten conu-nents
received from the public on the revised draft. The Regional Board held a second public
hearing on December 12, 2002 to consider adoption of the Wet-Weather TMDL.
Finil— 121'1102
16
Rescalut,on No. 2002 -02'
Page 4
18, on October 2-5. 2001, the Regional Board adopted Resolution 2001 -018 establishing revised
bacteriological water quality objectives for the «'titer Contact Recreation (REC -1) beneficial
use, and the Tlti,IDL i intended to accompany and to implement the revised water quality
objectives. The State Water Resources Control Board approved the Regional Board's Basra
Plan amendment on July 18, 2002 in State Board Resolution 2002 -0142, the Office of
Administrant•e Law approved it on September 19, 2002 in O AL File No. 02- 0807 -01 -S, and
the US EPA approved it on September 25.2002.
19. Under certain circuun;tanlces and throvreli the TMDL development process, the Regional
Board proposes to implement the aforementioned revised bacteria objectives using either a
`reference systein'anti- degradation approach' or a `natural sources exclusion approach.' As
required by the CWA and Porter - Cologne Water Quality Control Act, the Basut Plan Includes
beneficial uses of waters, water quality objectives to protect those uses, ail anti - degradation
policy, collectively referred to as water quality standards, and other plans and policies
necessary to implement water quality standards. This T..MDL and its associated waste load
allocations, which will be incorporated into relevant permits, are the vehicles for
implementation of the bacteria standards a; required under Water Code section 13242.
20. Both the `reference system +ants- degradation approach' and the 'natural sources exclusion
approach' recognize that there are natural sources of bacteria that may cause or contribute to
exceedances of the single sample objectives.
21. The Regional Board's intent in innplementiug the bacteria objectives using a 'reference
systenvarati- degradation approach' is to ensure that bacteriological water quality is at least as
Good as that of a reference site and that no degradation of existing bacteriolo_ cal water
quality 1s permitted where existing bacteriological water quality is better than that of a
reference site. The Regional Board's intent in implementing the bacteria objectives using a.
natural sources exclusion approach' is to ensure that all antaropogenic sources of bacteria
are controlled such that they do not cause an exceedance of the single sample objectives.
These approaches are consistent with state and federal anti- degradation policies (State Board
Resolution No. 68 -16 and 40 C.F.R. 131.12), while acknowledging that it is not the intent of
the Regional Board to require treatment or diversion of natural coastal creep or to require
treatment of natural sources of bacteria from undeveloped areas. While treatment and
diversion of natural sources may fully address the impairment of the water contact recreation
beneficial use, such an approach may adversely affect valuable aquatic life and wildlife
beneficial uses in the Region.
22. For tae Wet - Weather and Dry - Weather Bacteria TIMDLs at Santa Monica Bay beaches. Leo
Carrillo Beach and its associated drainage area, Arroyo Sequit Caliyon. were selected as the
local reference system until other reference sites or approaches are evaluated and the
necessary data collected to support the use of alternative reference sites or approaches when
the T1tiIDL, is revised four years after the effective date. Leo Carrillo Beach %,-as selected as
the Interim reference site because it best met the three criteria for selection of a reference
system Specifically, its drainage is the most undeveloped subwatershed in the larger Santa
Monica Bay watershed,. the subwatershed his a freshvvver outlet (i.e., creek) to the beach,
and adequate liistorical shoreline monitoring data were available. It is the intent of the
Regional Board to re- evaluate the use of Leo Carrillo Beach due to potential problems arising
from the heavy recreational use of the beach and the close proximity of two campgrounds.
23. Northern Bay beach monitoring sites are fewer Ia number and provide less comprehensive
data than the extensive shoreline monitoring network elsewhere in Santa Monica Bay.
Final — 12112:02
17
3345 • .
Resolution No. ?042 -022
Page 4
24. The numeric targets in this T vIDL are not water duality objectives and do not create new
bases for enforcement against dischargers apart from the water duality objectives they
translate. The tareets merely establish tine bases through vvrhich :load allocations and
w-asteload allocations (WI —As) are calculated. AILAs are only enforced for a d charger's own
discharges, and then only in the contra ofit'National Pollutant Discharge Elinvnation
System (NPDES) permit, which must be consistent with the assumptions and requirements of
the XVLA. The Regional Board will develop permit requirements through a subsequent
permit action that waii allow all interested persons, irncluchng but not limited to municipal
storm water dischargers. to provide comments on how the vv°aste load allocations will be
translated into permit. requirements.
25. The Regional Board has the authority to authorize compliance schedules through the basin
planning process. In this Basin Plan amendment, the Regional Board establislies a schedule
for implementation that affords the responsible jurisdictions and agencies up to ten or
eighteen years, depending on the implementation approaches pursued, to implement this ZZ'et-
Weather Bacteria TIvIDL.
26. Previously. the Regional Board adopted a Dry- Weather Bacteria TMDL for the Santa Monica
Bay Beaches. The Dry- Irtreather T ML includes implementation provisions contained in
Table 74.3 of the Basin Plan, including a provision to reconsider two years after the effective
date the Dry - Weather TNIDL and specifically the reference beach(es) used. Because that
effort overlaps with reconsideration of the reference beaches) anticipated by this Wet -
Weather T&IDL, the Regional Board proposes to coordinate the reconsiderations of the
reference beach approach to assure efficiency and consistency in implementing the two Santa
Monica Beaches T MLs.
27. The basin planning process has been certified as functionally equivalent to the California
Er nv1irornmerntal Quality Act requirements for preparing environmental documents (Public
Resources Code, Section 21000 et :sect.) and as such, the required environmental
documentation and C'EQA environmental checklist have been prepared.
28. The proposed amendment results un no potential for adverse effect (de mninimis finding),
either individually or cumulatively, on wildlife.
29. The regulatoty action meets the "Necessity" standard of the Administrative Procedures Act,
Government Code, section 11353, subdivision (b).
30. The Basin Plan amendment incorporating a TNIDL for bacteria at Santa Monica Bay beaches
must be submitted for review and approval by the State Water Resources Control Board
(State Board), the State Office of Administrative Laws (OAL). anti the USEPA. The Basin
Plan amendment will become effective upon approval by OAL and USEPA. A Notice of
Decision will be filed.
THEREFORE, be it resolved that pursuant to Section 13240 and 13242 of the Neater Code,
the Regional Board hereby amends the Basin Plan as follows:
Pursuant to sections 13240 and 13242 of the Califonnia Water Code, the Regional Board,
after considering die entire record, including oral testunorny at the hearing, hereby adopts the
amendments to Chapters 3 and 7 of the Water Quality Control Plan for the Los Angeles
Reeion. as set forth in Attachment A hereto, to incorporate the elements of the Santa It�ionnica
Final— 12112.02
18
Resolution No. 200-1 -022
Page 6
Bay Beaches Bacteria TMDL for wet weather and to implement the water quality objectives
for bacteria set to protect the water contact recreation beneficial Ilse.
2. Pursuant to sections 13240 and 13242 of the California Water Code, the Regional Board.
after considering the entire record, including oral testimone at the hearing, hereby adopts the
amendments to Chapter 7 of the Water Quality Control Plan for the Los Angeles Region, as
set forth ui Attachment B hereto, to amend Table 7 -4.3 of the Santa Monica Bay Beaches
Bacteria TNMDL for dry weather to change the date for ret ision of tine TNML fr o nvo years
after the effective date to four Fears after the effective date [of the Wet - Weather T?YiDL ] to
achieve consistence un scheduling between the Dry - Weather and Wet - Weather 'i MI)Ls.
3. The Executive Officer is directed to exercise authority, under Water Code section 13267, or
other applicable law, to require additional monitoring data in the northern Bay beach regions
to ensure that wet weather bacteria exposure is adequately quantified before the TIMM is
reconsidered in four years.
4. The Executive Officer is directed to forward copies of the Basin Plan amendment to the State
Board in accordance with the requirements of section 13245 of the California Water Code.
5. The Regional Board requests that the State Board approve the Basin Plan amendment in
accordance with the requirements of sections 13245 and 13246 of the California Water Code
and fonuvard it to OAL, and dne USEPA.
6. If during its approval process the State Board or OAL determines that minor, non - substantive
corrections to the language of thee amendment are needed for clarity or consistence, the
Executive Officer may, mile such changes, and shall inform, the Board of any such changes.
7. The Executive Officer is authorized to sign a Certificate of Fee Exemption.
L Dennis A. Dickerson. Executive Officer, do liereby certify that the foregoing is a full, true, and
correct copy of a resolution adopted by the California. Regional grater Quality Control Board, Los
Angeles Region, on December 12, 2002.
ORIGINAL SIGNED BY
Dennis A. Dickerson
Executive Officer
19
Final — 121'12`02
EXHIBIT B
Santa Monica Bay Watershed
Jurisdiction 2 and 3 Representatives
Primary Jurisdiction:
Jurisdiction 2
1. City of Los Angeles "PRIMARY JURISDICTION" FOR JURISDICTION TWO
Watershed Protection Division
2714 Media Center Drive
Los Angeles, California 90065
Party Representative: Wing Tam, P.E., TMDL Implementation Section Head
Wtama,san.lacit .org
Phone No.: (323) 342 -1574
Fax: (323) 342 -1511
Jurisdiction 3
2. City of Santa Monica, "PRIMARY JURISDICTION" FOR JURISDICTION THREE
Environmental Programs Division
200 Santa Monica Pier #K
Santa Monica, California 90401
Party Representative: Neal Shapiro, Urban Runoff Management Coordinator
Neal- shapiro&Santa- monica.ora, www.santa- monica.org /environment
Phone No.: (310) 458 -8223
Fax: (310) 393 -1279
Additional Responsible Jurisdictions:
3. California Department of Transportation, District 07 (Caltrans)
120 South Spring Street, MS 13
Los Angeles, California 90012
Party Representative: Bob Wu, Senior Transportation Engineer
Robert wuadot.ca.gov
Phone No.: (213) 897 -8636
Fax: (213) 897 -0205
4. County of Los Angeles, Watershed Management Division, 110' floor
900 South Fremont Ave.
Alhambra, California 91803 -1331
Party Representative: Steve Ross, P.E., Watershed Manager
sross@ladpw.org
Phone No.: (626)458-4316
Fax: (626) 457 -1526
5. City of El Segundo
350 Main Street
El Segundo, California 90245
Party Representative: Paul Giera, Utility Manager
p ig erana,elsegundo.org
Phone No.: (310) 524 -2742
Fax: (310) 322 -4070
20
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