2009 MAR 17 - CC PACKETAGENDA
EL SEGUNDO CITY COUNCIL
COUNCIL CHAMBERS - 350 Main Street
The City Council, with certain statutory exceptions, can only take action upon properly posted and listed
agenda items. Any writings or documents given to a majority of the City Council regarding any matter on
this agenda that the City received after issuing the agenda packet, are available for public inspection in
the City Clerk's office during normal business hours. Such Documents may also be posted on the City's
website at www.elsegundo.org and additional copies will be available at the City Council meeting.
Unless otherwise noted in the Agenda, the Public can only comment on City - related business that is
within the jurisdiction of the City Council and /or items listed on the Agenda during the Public
Communications portions of the Meeting. Additionally, the Public can comment on any Public Hearing
item on the Agenda during the Public Hearing portion of such item. The time limit for comments is five (5)
minutes per person.
Before speaking to the City Council, please come to the podium and state: Your name and residence
and the organization you represent, if desired. Please respect the time limits.
Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk
or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior
Tuesday). The request must include a brief general description of the business to be transacted or
discussed at the meeting. Playing of video tapes or use of visual aids may be permitted during meetings if
they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five
(5) minutes in length.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the
meeting will enable the City to make reasonable arrangements to ensure accessibility to this
meeting.
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, MARCH 17, 2009 - 6:00 P.M.
Next Resolution # 4595
Next Ordinance # 1428
6:00 P.M. SESSION
CALL TO ORDER
ROLL CALL
PUBLIC COMMUNICATION — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have received value of $50 or more to communicate
to the City Council on behalf of another, and employees speaking on behalf of their employer, must so
identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and
punishable by a fine of $250.
1
SPECIAL ORDER OF BUSINESS:
None
CLOSED SESSION:
The City Council may move into a closed session pursuant to applicable law, including
the Brown Act (Government Code Section §54960, et sue.) for the purposes of
conferring with the City's Real Property Negotiator; and /or conferring with the City
Attorney on potential and /or existing litigation; and /or discussing matters covered under
Government Code Section §54957 (Personnel); and /or conferring with the City's Labor
Negotiators; as follows:
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code
§54956.9(a) -1- matter
1. Victoria Golf Course Site (BKK Carson landfill) DTSC NO. I &SE -RAO 05/06
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code §54956.9(b): -1-
potential case (no further public statement is required at this time); Initiation of litigation
pursuant to Government Code §54956.9(c): - 0- matter.
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): - 0- matter
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): - 0-
matters
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): - 0-
matter
SPECIAL MATTERS: - 0- matter
AGENDA
EL SEGUNDO CITY COUNCIL
COUNCIL CHAMBERS - 350 Main Street
The City Council, with certain statutory exceptions, can only take action upon properly posted and listed
agenda items. Any writings or documents given to a majority of the City Council regarding any matter on
this agenda that the City received after issuing the agenda packet, are available for public inspection in
the City Clerk's office during normal business hours. Such Documents may also be posted on the City's
website at www.elsegundo.org and additional copies will be available at the City Council meeting.
Unless otherwise noted in the Agenda, the Public can only comment on City - related business that is
within the jurisdiction of the City Council and /or items listed on the Agenda during the Public
Communications portions of the Meeting. Additionally, the Public can comment on any Public Hearing
item on the Agenda during the Public Hearing portion of such item. The time limit for comments is five (5)
minutes per person.
Before speaking to the City Council, please come to the podium and state: Your name and residence
and the organization you represent, if desired. Please respect the time limits.
Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk
or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior
Tuesday). The request must include a brief general description of the business to be transacted or
discussed at the meeting. Playing of video tapes or use of visual aids may be permitted during meetings if
they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five
(5) minutes in length.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the
meeting will enable the City to make reasonable arrangements to ensure accessibility to this
meeting.
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, MARCH 17, 2009 - 7:00 P.M.
Next Resolution # 4595
Next Ordinance # 1428
7:00 P.M. SESSION
CALL TO ORDER
INVOCATION — Pastor John Svendsen, First Baptist Church
PLEDGE OF ALLEGIANCE — Council Member Bill Fisher
PRESENTATIONS
a. Proclamation announcing March 28, 2009 as "Earth Hour" day in El Segundo.
b. Presentation on water conservation in the West Basin District "Water
Reliability 2020" from the West Basin Municipal Water District, Paul
Shoenberger, Assistant General Manager
ROLL CALL
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have received value of $50 or more to communicate
to the City Council on behalf of another, and employees speaking on behalf of their employer, must so
identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and
punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to
take action on any item not on the agenda. The Council will respond to comments after Public
Communications is closed.
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the
Agenda by title only.
Recommendation — Approval.
B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING)
C. UNFINISHED BUSINESS
D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
E. CONSENT AGENDA
All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for
discussion of an item is made, the item(s) will be considered individually under the next heading of
business.
4
1. Warrant Numbers 2570506 to 2570726 on Register No. 11 in the total
amount of $822,079.06 and Wire Transfers from 02/21/2009 to 03/06/2009 in
the total amount of $1,192,877.06.
Recommendation — Approve Warrant Demand Register and authorize staff to
release. Ratify: Payroll and Employee Benefit checks; checks released early
due to contracts or agreement; emergency disbursements and /or adjustments;
and wire transfers.
2. Regular City Council Meeting Minutes of March 3, 2009.
Recommendation — Approval.
3. Consideration and possible action regarding authorization for the Police
Department to replace seven vehicles currently due for replacement with
six new vehicles. The vehicles are noted in the FY 2008/2009 Equipment
Replacement Fund which has been previously approved in the 2008/2009
Council budget. (Fiscal Impact: Not to exceed $150,000)
Recommendation — (1) Authorize the Police Department to replace seven
vehicles which are currently due or overdue for replacement; (2) Pursuant to El
Segundo Municipal Code § 1 -7 -11, utilize cooperative purchasing and authorize
staff to issue a purchase order using existing City of La Verne, City of Long
Beach, and City of Anaheim contracts; (3) Alternatively, discuss and take other
action related to this item.
4. Consideration and possible action regarding the award of a contract to
Shaw Industries Inc., for the installation of new carpet at the El Segundo
Police Department (348 Main Street). (Fiscal Impact: 75,620.91)
Recommendation — (1) In accordance with ESMC §1 -7 -11, authorize the City
Manager to execute a contract, in a form as approved by the City Attorney with
Shaw Industries Inc., in the amount of $75,620.91 cooperative purchasing using
the State of California Contract No. 4- 97- 72- 0008A; (2) Alternatively, discuss and
take other action related to this item.
5. Consideration and possible action regarding the acceptance of the
Stevenson Field Bleachers Upgrade at 339 Sheldon St. — Project No. PW 08-
07. (Fiscal Impact: $39,200.00)
Recommendation — (1) Accept the work as complete; (2) Authorize the City Clerk
to file a Notice of Completion in the County Recorder's Office; and (3)
Alternatively, discuss and take other action related to this item.
5 ��
6. Consideration and possible action regarding acceptance of the Nash
Street/Douglas Street One -Way to Two -Way Street Conversion project from
Imperial Highway to El Segundo Boulevard. Project No.: PW07 -09. (Fiscal
Impact: $1,793,768.20)
Recommendation — (1) Approve Change Order Number 4 in the amount of
$26,263.09; (2) Accept the work as complete; (3) Authorize the City Clerk to file a
Notice of Completion in the County Recorder's Office; (4) Alternatively, discuss
and take other action related to this item.
7. Consideration and possible action authorizing the City Manager to execute
a Memorandum of Agreement with the City of Redondo Beach to fund the
implementation of the Santa Monica Bay Beaches Bacteria TMDL
Implementation Plan. (Fiscal Impact: $1,525)
Recommendation — (1) Authorize the City Manager to execute a Memorandum of
Agreement with the City of Redondo Beach to fund the implementation of the
Implementation Plan; (2) Alternatively, discuss and take other action related to
this item.
8. Consideration and possible action regarding approval of a full -time
Administrative Analyst position in the Recreation and Parks Department
and approval of the examination plan. (Fiscal Impact: $13,000)
Recommendation — (1) Approve a full -time Administrative Analyst position in the
Recreation and Parks Department; (2) Approve the proposed Examination Plan;
(3) Alternatively, discuss and take other action related to this item.
9. Consideration and possible action regarding rejection of all bids for
construction related to Group 31 (23 homes) of the City's Residential
Sound Insulation Program. (RSI 09 -01) (Fiscal impact: None)
Recommendation — (1) Reject all bids received for construction related to Group
31 of the Residential Sound Insulation Program; (2) Authorize staff to re-
advertise a Notice Inviting Sealed Bids for construction services; (3) Alternatively,
discuss and take other action related to this item.
10. Consideration and possible action regarding Adoption of Plans and
Specifications for rehabilitation of Mariposa Avenue from Sepulveda
Boulevard to Nash Street and Main Street from Mariposa Avenue to
Imperial Highway. Project No.: PW 09 -01 (Fiscal Impact: $516,000)
Recommendation — (1) Adopt Plans and Specifications; (2) Authorize staff to
advertise the project for receipt of construction bids; (3) Alternatively, discuss and
take other action related to this item.
6 C
11. Consideration and possible action to utilize cooperative purchasing with
National Joint Powers Alliance (NJPA) contract # 011707 to purchase
modular ergonomic furniture and storage from Tangram Interiors for the
Human Resources Department and relocated employee break room. —
Approved Capital Improvement Program. (Fiscal Impact: $46,750.00)
Recommendation — (1) Pursuant to ESMC § 1 -7 -11, utilize cooperative
purchasing and authorize staff to use National Joint Powers Alliance (NJPA)
Contract # 011707 to purchase furniture with Steelcase (manufacturer) and issue
purchase orders to the authorized distributor /installers Tangram Interiors, in the
amount of $42,500 plus a 10% contingency for unanticipated expenses; (2)
Alternatively discuss and take other action related to this item.
CALL ITEMS FROM CONSENT AGENDA
F. NEW BUSINESS
G. REPORTS — CITY MANAGER
H. REPORTS — CITY ATTORNEY
I. REPORTS — CITY CLERK
J. REPORTS — CITY TREASURER
K. REPORTS — CITY COUNCIL MEMBERS
Council Member Brann —
Council Member Fisher —
7
12. Consideration and possible action to direct staff to prepare an analysis
and recommendation for a Mills Act Property Tax Abatement Program for
the City of El Segundo. (Fiscal Impact: none)
Recommendation — (1) Direct staff to prepare an analysis and recommendation
for a Mills Act Property Tax Abatement Program; (2) Alternatively, discuss and
take other action related to this item.
13. Consideration and possible action regarding a feasibility study to identify
changes needed for developing a leaseable restaurant facility at The Lakes
Golf Course. (Fiscal Impact: Not to Exceed $30,000.00)
Recommendation — (1) Direct staff to study the feasibility and identify changes
needed for the development of a leaseable restaurant facility at The Lakes Golf
Course; (2) Alternatively, discuss and take other action related to this item.
Council Member Jacobson —
Mayor Pro Tern Busch —
Mayor McDowell —
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have receive value of $50 or more to communicate
to the City Council on behalf of another, and employees speaking on behalf of their employer, must so
identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and
punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to
take action on any item not on the agenda. The Council will respond to comments after Public
Communications is closed.
MEMORIALS —
CLOSED SESSION
The City Council may move into a closed session pursuant to applicable law, including the Brown Act
(Government Code Section §54960, et se q.) for the purposes of conferring with the City's Real Property
Negotiator,, and /or conferring with the City Attorney on potential and /or existing litigation; and /or
discussing matters covered under Government Code Section §54957 (Personnel); and /or conferring with
the City's Labor Negotiators.
REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) 8
ADJOURNMENT
POSTED:
DATE: `
TIME: D P ` ✓Y1
NAME: ,� In
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il rortamatt'on City of el 6equllbo, California
WHEREAS, Our community is deeply concerned about the impacts of climate change and the future
health and well -being of our planet and believes energy efficiency, natural resource
conservation, and a demand by the public fbr action are important elements to
combating climate change; and
WHEREAS, Earth I lour is both an international and local symbolic event organized by the World
Wildlife Fund to raise awareness about climate change issues, to encourage businesses,
individuals and government to take action to reduce their carbon emissions and their
impact on the environment in their daily lives and operations; and
WHEREAS, Earth I lour asks all citizens, businesses, government agencies, and commercial and non-
commercial establishments to turn off all non - essential lighting f'or one hour beginning
at 8:30 p.m. on March 28, 2009, to encourage citizens and businesses to commit to
actions they can take in the coming year to reduce their carbon footprints and conserve
energy; and
WHEREAS, Earth I lour will be used as a tool to inform local residents and businesses about existing
infbrmation and tools already available within the community to assist them in
increasing energy efficiency and decreasing emissions and use of natural resources; and
WHEREAS, the City encourages all city employees to turn off' all non - essential lighting in city
government buildings, public schools and public landmarks fbr the hour between 8:30
p.m. and 9:30 p.m. on March 28, 2009, to conserve energy and raise awareness about
global climate change as part of the city -wide energy conservation event.
NOW, THEREFORE, the Mayor and members of the City Council of the City of El Segundo, California,
hereby proclaim March 28, 2009 as "Earth Hour" day in El Segundo.
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18
1
CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
02/21/09 THROUGH 03/06/09
Date
Payee Amount
DATE OF RATIFICATION: 3/17/09
TOTAL PAYMENTS BY WIRE:
2,697.31
34,147.14
33,326.71
294,277.73
3,105.68
19,877.98
Description
Correction to 2/11/09 payroll
457 payment
457 payment
Retirement payment
Weekly claims
Payroll transfer
402,561.84 Health premium
469.80 LTD
55,792.46 State Taxes
250,091.79
4,235.90
1,153.24
33,920.60
32,938.72
24,280.16
1,192,877.06
Certified as to the accuracy of the wire transfers by:
Man ement Analyst Date
6AV 3/ 01 U
Directgr of Finance Date
,,i fKanager 1 e
Federal Taxes
PARS payment
Child support withholdings
457 payment
457 payment
SCRMA checks issued
1,192,877.06
Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo.
P: \City Treasurer \Wire Transfers \2009 \Wire 2009 Qtr 1st \Wire Transfers 3- 06.xis
Lane Donovan Golf Ptr.
2/20/2009
Manufacturers & Traders
2/20/2009
Nationwide EFT
2/25/2009
CaIPERS
2/25/2009
Health Comp
2/26/2009
Lane Donovan Golf Ptr.
3/5/2009
CalPERS
3/5/2009
UNUM
3/6/2009
Employment Development
3/6/2009
IRS
3/6/2009
UBOC
3/6/2009
State of CA
3/6/2009
Manufacturers & Traders
3/6/2009
Nationwide EFT
2/21- 3/6/09
Workers Comp Activity
DATE OF RATIFICATION: 3/17/09
TOTAL PAYMENTS BY WIRE:
2,697.31
34,147.14
33,326.71
294,277.73
3,105.68
19,877.98
Description
Correction to 2/11/09 payroll
457 payment
457 payment
Retirement payment
Weekly claims
Payroll transfer
402,561.84 Health premium
469.80 LTD
55,792.46 State Taxes
250,091.79
4,235.90
1,153.24
33,920.60
32,938.72
24,280.16
1,192,877.06
Certified as to the accuracy of the wire transfers by:
Man ement Analyst Date
6AV 3/ 01 U
Directgr of Finance Date
,,i fKanager 1 e
Federal Taxes
PARS payment
Child support withholdings
457 payment
457 payment
SCRMA checks issued
1,192,877.06
Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo.
P: \City Treasurer \Wire Transfers \2009 \Wire 2009 Qtr 1st \Wire Transfers 3- 06.xis
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, MARCH 3, 2009 - 5:00 P.M.
CALL TO ORDER — Mayor McDowell at 5:00 p.m.
ROLL CALL
Mayor McDowell
- Present
Mayor Pro Tern Busch
- Present — arrived at 502 p.m.
Council Member Brann
- Present
Council Member Fisher
- Present
Council Member Jacobson
- Present
PUBLIC COMMUNICATION — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have received value of $50 or more to
communicate to the City Council on behalf of another, and employees speaking on
behalf of their employer, must so identify themselves prior to addressing the City
Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250.
SPECIAL ORDER OF BUSINESS:
None
CLOSED SESSION:
The City Council moved into a closed session pursuant to applicable law, including the
Brown Act (Government Code Section §54960, et seq.) for the purposes of conferring
with the City's Real Property Negotiator; and /or conferring with the City Attorney on
potential and /or existing litigation; and /or discussing matters covered under Government
Code Section §54957 (Personnel); and /or conferring with the City's Labor Negotiators;
as follows:
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code
§54956.9(a) — -1- matter
1. Victoria Golf Course Site (BKK Carson landfill) DTSC NO. I &SE -RAO 05/06
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code §54956.9(b): -2-
potential case (no further public statement is required at this time); Initiation of litigation
pursuant to Government Code §54956.9(c): -1- matter.
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): - 0- matter
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): - 0-
matters
MINUTES OF THE REGULAR CITY COUNCIL MEETING
MARCH 3,
PAGE NO. O. 1 1`I
�h, 1
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): - 0-
matter
Council moved to open session at 5:55 p.m.
SPECIAL MATTERS: - 1- matter
1. Interview of candidates and potential appointments to the Community Cable Advisory
Committee, Capital Improvement Program Advisory Committee, Environmental
Committee and Planning Commission. [Note: the interviews will commence at
approximately 6:00 p.m. and take place in the West Conference Room in City Hall]
MOTION by Council Member Fisher, SECONDED by Mayor McDowell to appoint Sally
Martin to the Community Cable Advisory Committee for a full four -year term expiring
10/31/12; to appoint Scott Houston to the Capital Improvement Program Advisory
Committee for a full four -year term expiring 11/30/12; to appoint Jim Boulgarides to the
Environmental Committee for a full four -year term expiring 06/30/11; and to appoint
Brenda Newman to the Planning Commission for a partial term expiring 06/30/10.
Council recessed at 6:40 p.m.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
MARCH 3, 2009
PAGE NO. 2
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, MARCH 3, 2009 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER — Mayor McDowell at 7:00 p.m.
INVOCATION — Pastor Scott Lambert, Hilltop Church of Christ
PLEDGE OF ALLEGIANCE — Council Member Don Brann
PRESENTATIONS
a. Mayor Pro Tern Busch presented a Proclamation to Victoria Tam, Tree
Muskateers, announcing March 7, 2009 as California Arbor Day.
ROLL CALL
Mayor McDowell
- Present
Mayor Pro Tern Busch
- Present
Council Member Brann
- Present
Council Member Fisher
- Present
Council Member Jacobson
- Present
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have received value of $50 or more to
communicate to the City Council on behalf of another, and employees speaking on
behalf of their employer, must so identify themselves prior to addressing the City
Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250.
While all comments are welcome, the Brown Act does not allow Council to take action
on any item not on the agenda. The Council will respond to comments after Public
Communications is closed. - NONE
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the Agenda
by title only.
MOTION by Council Member Jacobson, SECONDED by Council Member Brann to read
all ordinances and resolutions on the Agenda by title only. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING)
C. UNFINISHED BUSINESS
D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
MINUTES OF THE REGULAR CITY COUNCIL MEETING
MARCH 3, 2009
PAGE NO. 3
Consideration and possible action regarding the announcement of the
appointment of candidates of the Community Cable Advisory Committee, Capital
Improvement Program Advisory Committee, Environmental Committee and
Planning Commission. (Fiscal Impact: None)
Mayor McDowell announced the appointment of Sally Martin to the Community Cable
Advisory Committee for a full four -year term expiring 10/31/12; the appointment of Scott
Houston to the Capital Improvement Program Advisory Committee for a full four -year
term expiring 11/30/12; the appointment of Jim Boulgarides to the Environmental
Committee for a full four -year term expiring 06/30/11; and the appointment of Brenda
Newman to the Planning Commission for a partial term expiring 06/30/10.
E. CONSENT AGENDA
All items listed are to be adopted by one motion without discussion and passed
unanimously. If a call for discussion of an item is made, the item(s) will be considered
individually under the next heading of business.
2. Approved Warrant Numbers 2570258 to 2570505 on Register No. 10 in the total
amount of $625,321.01 and Wire Transfers from 02/06/09 to 02/20/09 in the total
amount of $1,750,999.83. Authorized staff to release. Ratified: Payroll and
Employee Benefit checks; checks released early due to contracts or agreement;
emergency disbursements and /or adjustments; and wire transfers.
3. Regular City Council Meeting Minutes of February 17, 2009.
4. PULLED FOR DISCUSSION BY MAYOR PRO TEM BUSCH.
5. Accepted the project for the installation of an improved telemetry system for the
City's water and wastewater operations at 400 Lomita Street. Project No.: PW
06 -01 (Fiscal Impact: $346,932.70) Approved Change Order Number 1 in the
amount of $4,100.70. Authorized the City Clerk to file a Notice of Completion in
the County Recorder's Office.
6. Adopted Ordinance No. 1427, a Floodplain Management Ordinance including
Environmental Assessment No. EA -812 for the City of El Segundo. (Fiscal
Impact: None)
7. Consideration and possible action to approve the request from Mattel, Inc. to
maintain two, five hundred four (504) square -foot wall signs on a rotating basis
on the south side of the parking structure located at 333 Continental Boulevard.
Applicant: Mattel, Inc. (Fiscal Impact: None) - COUNCIL CONSENSUS TO
DEFER THE ITEM TO THE APRIL 21, 2009 CITY COUNCIL MEETING.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
MARCH 3, 2009
PAGE NO. 4
8. Approved a revised Class Specification for the classification of Street
Maintenance Leadworker and approved of the examination plans for Street
Maintenance Leadworker and Wastewater Maintenance Worker 1 /II. (Fiscal
Impact: None)
9. Approved request from El Segundo High School Parent Teacher's Association
(PTA) to allow banners to be hung over Main Street at no cost. (Fiscal Impact:
$178)
10. Approved the Tree Musketeers Arbor Day 2009 event fee waiver for City- related
fees, per municipal code section 8 -8 -7 D 1. (Fiscal Impact: $5,660)
MOTION by Council Member Fisher, SECONDED by Council Member to approve
Consent Agenda Items 2, 3, 5, 6, 8, 9 and 10. MOTION PASSED BY UNANIMOUS
VOICE VOTE. 5/0
CALL ITEMS FROM CONSENT AGENDA
4. Consideration and possible action to accept grants from the Metropolitan Water
District for $5,000 and West Basin Municipal Water District for $53,087 in support
of the "It's Time to Get Serious" El Segundo water conservation banner
campaign. (Fiscal Impact: $58,087 grant fund revenue)
Staff to investigate putting together a "Save Water Day" to inform the community about
water conservation.
MOTION by Mayor Pro Tem Busch, SECONDED by Council Member Brann to accept
grants from the Metropolitan Water District for $5,000 and West Basin Municipal Water
District for $53,087in support of the "It's Time to Get Serious" El Segundo water
conservation banner campaign. MOTION PASSED BY UNANIMOUS VOICE VOTE,
5/0
F. NEW BUSINESS
11. Consideration and possible action regarding introduction of an Ordinance and
adoption of a Resolution of Intention to Approve an Amendment to the contract
between the Board of Administration of the California Public Employees
Retirement System (CaIPERS) and the El Segundo City Council providing
Section 21548 (Pre- Retirement Option 2W Death Benefit for the City's local
safety members). (Fiscal Impact: Increase in the Total Employer Rate of 0.243 %)
Bob Hyland, Human Resources Director, gave a report.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
MARCH 3, 2009
PAGE NO. 5
2 '�
MOTION by Mayor Pro Tern Busch, SECONDED by Council Member Fisher, to adopt
Resolution No. 4594 a Resolution of Intention to approve an amendment to contract
between the Board of Administration California Public Employees' Retirement System
and the City Council of the City of El Segundo. MOTION PASSED BY UNANIMOUS
VOICE VOTE. 5/0
Mark Hensley, City Attorney, read by title only:
ORDINANCE NO. 1428
AN ORDINACE AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN
THE CITY COUNCIL OF THE CITY OF EL SEGUNDO AND THE BOARD OF
ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT
SYSTEM.
Mayor McDowell introduced the ordinance. Second reading and adoption scheduled for
April 7, 2009.
G. REPORTS — CITY MANAGER - NONE
H. REPORTS — CITY ATTORNEY - NONE
REPORTS — CITY CLERK - NONE
REPORTS — CITY TREASURER - NONE
K. REPORTS — CITY COUNCIL MEMBERS
Council Member Brann — Reported on the Boy Scout "Blue and Gold" Dinner. Also
reported on the recent Western Association of Schools and Colleges meeting.
Council Member Fisher — Spoke on the 95th anniversary celebration of the Methodist
Church and El Segundo Little League Opening Day. Reported on the Mills Act related
to benefits for Historical Homes and requested an item be agendized for a future
meeting.
Council Member Jacobson — NONE
Mayor Pro Tem Busch — Spoke on the Arbor Day event and the work to be done at
Center Street School on the "Learning Garden" on Saturday March 7 th
Mayor McDowell — Spoke regarding the "Star Party" March 20, 2009, 6 p.m., at Hilltop
Park.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
MARCH 3, 2009
PAGE NO. 6
2 .)
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have receive value of $50 or more to
communicate to the City Council on behalf of another, and employees speaking on
behalf of their employer, must so identify themselves prior to addressing the City
Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250.
While all comments are welcome, the Brown Act does not allow Council to take action
on any item not on the agenda. The Council will respond to comments after Public
Communications is closed.
Betty Kirsch, Relay for Life, noted that this year's "Relay for Life" kickoff event would be
at the Masonic Lodge on March 11th at 6 p.m.
MEMORIALS — NONE
CLOSED SESSION — NONE
ADJOURNMENT at 7:36 p.m.
Cathy Domann, Deputy City Clerk
MINUTES OF THE REGULAR CITY COUNCIL MEETING
MARCH 3, 2009
PAGE NO. 7
EL SEGUNDO CITY COUNCIL MEETING DATE: March 17, 2009
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding authorization for the Police Department to
replace seven vehicles currently due for replacement with six new vehicles. The vehicles
are noted in the FY 2008/2009 Equipment Replacement Fund which has been previously
approved in the 2008/2009 Council budget. (Fiscal Impact: not to exceed $150,000)
RECOMMENDED COUNCIL ACTION:
1. Authorize the Police Department to replace seven vehicles which are currently due or
overdue for replacement.
2. Pursuant to El Segundo Municipal Code § 1-7-11, utilize cooperative purchasing and
authorize staff to issue a purchase order using existing City of La Verne, City of Long
Beach, and City of Anaheim contracts;
3. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Wondries Fleet Group quote
South Bay Ford Fleet Group quote
Nissan of Visalia quote
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $202,500 (Equipment replacement)
Additional Appropriation: N/A
Account Number(s): 601- 400 - 3101 -8105 (Equipment replacement)
ORIGINATED BY: Bob Turnbull, Captain
REVIEWED BY: David Cummings, Chief of liceio
APPROVED BY: Jack Wayt, City Manager /
BACKGROUND AND DISCUSSION:
Police department staff, together with city maintenance yard personnel, conducted an evaluation
of the entire (non - patrol) fleet, taking into consideration age, overall condition, mileage, repair
history, annual miles driven, average rate of fuel consumption, and current and projected
department needs. Based on that evaluation, staff is recommending the fleet size be reduced by
one vehicle and that six vehicles, ages 9 -16 years, all fully funded for replacement, be replaced. If
approved, the new vehicles will be redistributed within the fleet according to fuel consumption
ratings and projected annual miles driven, in order to reduce and minimize repair, maintenance,
3
and fuel costs.
The vehicles recommended for replacement are a Chevy Impala, Buick Le Sabre, Pontiac Grand
Prix, Ford Explorer, Mercury Mountaineer, Ford Windstar van, and a Ford F -150 4X4 pick -up.
Their replacements will be two Nissan Altima hybrids, three Ford Explorers, and one Ford F -150
four wheel drive pick -up truck.
Feb i RY FUKU
SOUTH BA Y FORD LINCOLN MERCURY
5900 W, ROSECRANS AVE
HA WTHORNE, CA 90250
FAX
From: GARY B. GALBRAITH
Municipal Sales Manager
Phone: (310) 705 -6086
Fax: (310) 708 -6087
Cell: (582) 650 -3974
E -mail: garyg@sbflm.com
To: Sgt. Jeff Laymen
City of El Segundo
Fax #: 310.640.8848
Phone #; 310.324.2268
Date: February 17, 2009
Page 1 of 1
Subject: Explorer Pricing Comnfirmation
from: Gary Gaibralth [maAto:GaryGVsbflm.com)
Sent: Friday, February 13, 2009 11 :55 AM
To: Jeff Leyman (keymanftsegundo.orq)
Subject: Explorer Price Confirmation
Jeff,
Confirming our telephone conversation, we would welcome
City of Long Beach contract. Explorer pricing Is as follows:
$18,739.00 - - -- Selling Price
1,545.97 - -- -Sales Tax
8.75 - - -- California Tire Fee
.0,00 - -- 4icense Exempt
$20,293.72 - -- -Unit Delivered Price
a-- -- -Units
$60,881.16 --- -Total
El Segundo's participation In the
Please contact me if you have questions or need additional information.
THANKS--- - - --- -GARY
Lux lcjrlzff
FLEET GROUP
047 %N. Mi:�iri S-i,eHt- P,C. 2ux 3B50, AIhHrrJjr,E. CA O' BO3
020/457i'5500 00Gf =+57 -5503 FL--x
February 12, 2009
Sgt. Jeff Leyman
El Segundo Police Department
350 Main St.
El Segundo, CA 90245
Delivery Via Email
Dear Sgt.Leyrnan,
In response to your inquiry, we are pleased to submit the following for your consideration:
Wondries Fleet Group will sell, service and deliver at the El Segundo, new /unused 2009 Ford 4X4 F -150
Super Cab Pick up responding to your requirements with the attached specifications for $ 23,940.00 plus tax
and an $8.75 Tire tax. This vehicle is available under the City of La Vern PO# 30746. Pricing reflects the
difference between and 2X4 and a 4X4 and the addition of black and white paint.
Wondries Fleet Group will sell, service and deliver at the City of El Segundo, new /unused 2009 Ford
Explorer 4X2 with the attached specifications for $ 20,867.66.00 plus tax and an $8.75 Tire tax. These
vehicles are available under the Cooperative Purchase Provision of the County of LA PO# 31106604
Wondries Fleet Group will sell, service and deliver at the City of E1 Segundo, new /unused 2009 Nissan
Altima Hybrid sedans with the attached specifications for $ 27,000.00 plus tax and an $8.75 Tire tax. This
vehicle currently qualifies for a 1500 customer rebate that can be applied to the total cost of the vehicle.
These vehicles are available under the City of Anaheim PO# 412- 301418.
Wondries Fleet Group will sell, service and deliver at the City of El Segundo, new /unused 2009 Ford Hybrid
Escapes with the attached specifications for $ 30,488.61 plus tax and an $8.75 Tire tax. These vehicles are
available under the Cooperative Purchase Provision of the County of LA PO# 31106604
Delivery is 75 -90 days A.R.O. for the F150 and Explorer and 4 days for the Altima.
Tenns are net 30 days.
Sincerely
John Oviyach
Wondries Fleet Group
HONDA 4N 44P
Nissan Of Visalia
P.O. Box 1431
Visalia, CA. 93279 -1431
Jeff,
As per City of Anahiem's bid #7228 2009 Nissan Altima Hybrid, your agency my
piggyback this bid
with the same following pricing except for County Tax difference and delivery fee.
2009 Nissan Altima Hybrid as per spec #7228 $25,639.00
8.25% Sales Tax $2,115.22
CA Tire Tax $ 8.75
Delivery to E1 Segundo S 225.00
Total $27,987.97
Please FAX your purchase order to 559- 961 -4601
Thank You,
Pat Ireland
Government Fleet Manager
Nissan of Visalia
Visalia Toyota
Visalia Honda
3i
EL SEGUNDO CITY COUNCIL
MEETING DATE: March 17, 2009
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding the award of a contract to Shaw Industries
Inc., for the installation of new carpet at the E1 Segundo Police Department (348 Main
Street).
(Fiscal Impact: $75,620.91)
RECOMMENDED COUNCIL ACTION:
In accordance with SSMC §1 -7 -11, authorize the City Manager to execute a
contract, in a form as approved by the City Attorney with Shaw Industries Inc., in
the amount of $75,620.91 cooperative purchasing using the State of California
Contract No. 4- 97- 72- 0008A.
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
None
FISCAL IMPACT: Included in Adopted Budget
Amount Requested: $75,620.91
Additional Appropriation: No
Account Number(s): 405- 400 - 0000 -6215
i
ORIGINATED BY: Maryam M. Jonas, Principal Civil Engineer i-
REVIEWED BY: Dana Greenwood, Public Works Director 5
APPROVED BY: Jack Wayt, City Manager(-
BACKGROUND AND DISCUSSION:
The existing carpet at the City Police Station is worn and requires replacement. The replacement
of this carpet is scheduled and budgeted through the Public Works Maintenance Funds. Staff
recommends corporate purchasing using the State of California Contract No. 4- 97- 72 -0008A
with Shaw Industries Inc. for purchase and installation of carpeting at the Police Station.
The State contract was secured through a competitive bid process and other public agencies can
use corporate purchasing to take advantage of competitive pricing provided. City Council has
approved using corporate purchasing of this same contract for the re- carpeting project at the Park
Vista Senior Apartments and the Lakes Golf Course in May of 2008, the Joslyn Center in July of
2007 and the City Library in July of 2006.
EL SEGUNDO CITY COUNCIL MEETING DATE: March 17, 2009
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding the acceptance of the Stevenson Field
Bleachers Upgrade at 339 Sheldon St. — Project No. PW 08 -07. (Fiscal Impact:
$39,200.00)
RECOMMENDED COUNCIL ACTION:
Recommendation — (1) Accept the work as complete; (2) Authorize the City Clerk to file
a Notice of Completion in the County Recorder's Office; and (3) Alternatively, discuss
and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Notice of Completion
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $39,200.00
Additional Appropriation: No
Account Number(s): 301- 400 - 8202 -8991
ORIGINATED BY: Dan Garcia, Assistant City Engineer' ('0
REVIEWED BY: Dana Greenwood, Public Works Directorl$v
APPROVED BY: Jack Wayt, City Managei,
BACKGROUND AND DISCUSSION:
This project was a part of the 2007/08 CIPAC. The project consisted of installing risers on the
existing bleachers at Stevenson Field bleachers to prevent items larger than four (4) inches from
falling behind the bleachers. On October 21, 2008 City Council awarded FS Construction a
contract for $30,000.00 to install risers on the bleachers to meet the 4 -inch ball rule. A change
order was approved on December 16, 2008 to add 4 -inch fillers on both sides of the foot plate for
the west bleachers because this space would not meet the 4 -inch ball rule with just the risers
installed. This change order was for $9,200 bringing the total project cost to $39,200.
On March 3, 2009, staff inspected the completed project and recommends accepting the project
as complete. A notice of completion will be filed with the Los Angeles County Recorder's Office
if the City Council concurs.
Recording Requested by
and When Recorded Mail To:
City Clerk, City Hall
350 Main Street
El Segundo, CA 90245
NOTICE OF COMPLETION OF CONSTRUCTION PROJECT
Project Name: Stevenson Field Bleachers
Project No.: PW 08 -07
Notice is hereby given pursuant to State of California Civil Code Section 3093 et seq that:
1. The undersigned is an officer of the owner of the interest stated below in the property
hereinafter described.
2. The full name of the owner is: City of El Segundo
3. The full address of the owner is: City Hall, 350 Main Street, El Segundo, CA, 90245
4. The nature of the interest of the owner is: Public Park
5. A work of improvement on the property hereinafter described was field reviewed by the
Assistant City Engineer on March 3, 2009. The work done was: Stevenson Bleacher
Upgrades.
6. On March 17, 2009, City Council of the City of El Segundo accepted the work of this
contract as being complete and directed the recording of this Notice of Completion in the
Office of the County Recorder.
7. The name of the Contractor for such work of improvement was: FS Construction, Inc.
8. The property on which said work of improvement was completed is in the City of El
Segundo, County of Los Angeles, State of California, and is described as follows: Public
Park.
9. The street address of said property is: 339 Sheldon Street
Dated:
Dana Greenwood
Director of Public Works /City Engineer
VERIFICATION
I, the undersigned, say: I am the Assistant City Engineer of the City El Segundo, the declarant of the
foregoing Notice of Completion; I have read said Notice of Completion and know the contents thereof; the
same is true of my own knowledge.
I declare under penalty of perjury the foregoing is true and correct.
Executed on , 2009 at El Segundo, California.
Dana Greenwood
Director of Public Works /City Engineer
Notice of Completions\PW 08 -07
EL SEGUNDO CITY COUNCIL MEETING DATE: March 17, 2009
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding acceptance of the Nash Street/Douglas Street
One -Way to Two -Way Street Conversion project from Imperial Highway to El Segundo
Boulevard. Project No.: PW 07 -09
(Fiscal Impact: $1,793,768.20)
RECOMMENDED COUNCIL ACTION:
Approve Change Order Number 4 in the amount of $26,263.09
2. Accept the work as complete.
3. Authorize the City Clerk to file a Notice of Completion in the County Recorder's
Office.
4. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Notice of Completion
FISCAL IMPACT: Included in Adopted Budget
Amount Requested: $1,793,768.20
Additional Appropriation: No
Account Number(s): 301 - 400 - 8203 -8940
ORIGINATED BY: Maryam M. Jonas, Principal Civil Engineer
REVIEWED BY: Dana Greenwood, Public Works Director4l:�>
APPROVED BY: Jack Wayt, City
BACKGROUND AND DISCUSSION:
On September 4, 2007, the City entered into a public works contract with KDC, Inc., dba
Dynalectric in the amount of $1,209,900 for the construction of Nash Street/Douglas Street One -
Way to Two -Way Street Conversion Project. The Council also approved Change Order No. 1 for
the installation of the early turn tower on Imperial Avenue for $10,000.
On June 4, 2008, the City Council approved an amendment to a Memorandum of Understanding
(MOU) between the City and Los Angeles County Metropolitan Transportation Authority
(MTA) approving the additional expenditure $478,785.00 for resurfacing the asphalt concrete
pavement on Douglas Street between El Segundo Boulevard and Imperial Highway. (Change
Order No. 2)
y,�
On November 5, 2008, the City Council approved Change Order number 3 in the amount of
$68,820.11 for additional work required by LADOT for the intersection of Imperial Highway
and Nash and Douglas Street and related changes to the original design plans.
Change order number 4 is for the actual measured quantities for the asphalt concrete used for the
resurfacing of Douglas Street between El Segundo Boulevard and Imperial Highway.
The following provides a status of funding for the project:
• Original Contract Amount
• Change Order Number 1
• Change Order Number 2
• Change Order Number 3
• Change Order Number 4
Total Construction Cost
Total MTA Reimbursements
Final Construction Cost to the City
$1,209,900.00
$ 10,000.00
$ 478,785.00
$ 68,820.11
$ 26,263.09
$1,793,768.20
$1,165,949.33 (65% of final construction cost)
$ 627,818.87 (required 35% match)
All work has now been completed to the satisfaction of the City and staff recommends
acceptance of the project.
The balance of grant funding $1,550,610 will be returned to MTA per the Memorandum of
Understanding (MOU) between the City of El Segundo and the Los Angeles County
Metropolitan Transportation Authority (MTA).
Recording Requested by
and When Recorded Mail To:
City Clerk, City Hall
350 Main Street
El Segundo, CA 90245
NOTICE OF COMPLETION OF CONSTRUCTION PROJECT
Project Name: Nash Street/Douglas Street Conversion Project
Project No.: PW 07 -09
Notice is hereby given pursuant to State of California Civil Code Section 3093 et seq that:
The undersigned is an officer of the owner of the interest stated below in the property
hereinafter described.
2. The full name of the owner is: City of El Segundo
The full address of the owner is: City Hall, 350 Main Street, El Segundo, CA, 90245
The nature of the interest of the owner is: Public Streets
A work of improvement on the property hereinafter described was field reviewed by the
City Engineer on December 4, 2008. The work done was: Slurry Sealing, Signing and
Striping and Traffic Signal Modification Improvements.
6. On March 17, 2009, City Council of the City of El Segundo accepted the work of this
contract as being complete and directed the recording of this Notice of Completion in the
Office of the County Recorder.
7. The name of the Contractor for such work of improvement was: KDC, Inc., dba Dynalectric
8. The property on which said work of improvement was completed is in the City of El
Segundo, County of Los Angeles, State of California, and is described as follows: Public
Streets
9. The street address of said property is: Public Streets.
Dated:
Dana Greenwood
Director of Public Works /City Engineer
VERIFICATION
I, the undersigned, say: I am the Director of Public Works /City Engineer of the City El Segundo, the
declarant of the foregoing Notice of Completion; I have read said Notice of Completion and know the
contents thereof; the same is true of my own knowledge.
I declare under penalty of perjury the foregoing is true and correct.
Executed on , 2009 at El Segundo, California.
Dana Greenwood
Director of Public Works /City Engineer
Notice of CompletionslPW 07 -09
EL SEGUNDO CITY COUNCIL MEETING DATE: March 17, 2009
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action authorizing the City Manager to execute a
Memorandum of Agreement with the City of Redondo Beach to fund the implementation
of the Santa Monica Bay Beaches Bacteria TMDL Implementation Plan.
(Fiscal Impact: $1,525)
RECOMMENDED COUNCIL ACTION:
1. Authorize the City Manager to execute a Memorandum of Agreement with the
City of Redondo Beach to fund the implementation of the Implementation Plan.
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Bacteria TMDL Implementation MOA
2. Regional Water Quality Control Board Resolution 42002 -022 with Attachments
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $1,525
Additional Appropriation: N/A
Account Number(s): 001 - 400 - 4302 -6206
ORIGINATED BY: Ron Fajardo, General Services Manager
REVIEWED BY: Dana Greenwood, Direct f Public Worksl)AQ
APPROVED BY: Jack Wayt, City Manag7Z,
BACKGROUND AND DISCUSSION:
On March 19, 2003, the State Water Resources Control Board approved Resolution No. 2002-
022 establishing limits for the Total Maximum Daily Loads of bacteria during wet weather for
Santa Monica Bay Beaches. The TMDL addresses documented bacteriological water quality
impairments at 44 beaches from the Los Angeles /Ventura County line to Outer Cabrillo Beach.
In addition to establishing TMDLs for Santa Monica Bay, Resolution 2002 -022 also: (1) divided
Santa Monica Bay into seven Jurisdictions. Each Jurisdiction was then combined into Groups;
(2) assigned communities to the seven jurisdictions; and (3) assigned lead agencies for each
jurisdiction.
The City of El Segundo is in two Jurisdictions: The first consists of Groups 2 & 3 and the second
consists of Groups 5 & 6.
7
� �3
Groups 2 & 3 — Virtually all of El Segundo is in Groups 2 & 3 along with Caltrans, Los
Angeles County and the Cities of Santa Monica and Los Angeles.
Groups 5 & 6 — The north half of Rosecrans Avenue is the only portion of El Segundo
within Groups 5 & 6. Other agencies in the group are Caltrans, Los Angeles County and
the Cities of Redondo Beach, Manhattan Beach, Torrance and Hermosa Beach. Redondo
Beach is the lead agency for the group.
Over the last six years, our City has entered into two previous MOA's with the City of Redondo
Beach and the other agencies associated with our Jurisdictional Group. The first was on August
17, 2004 for the development of an Implementation Plan as required by the Regional Board to
address the TMDL requirements. The second was on June 7, 2006 to extend the MOA so that
additional documentation of the Plan required by the Regional Board could be completed. The
purpose of this new MOA is to now jointly fund the projects and activities that were outlined in
the Implementation Plan submitted to the Regional Board. Our cost of $1,525 is based on our
percentage of land area within the Jurisdiction and represents approximately 0.3% of the total.
These funds will be spent on developing programmatic solutions, BMP siting including
quantification analysis, and source identification.
APPROVED AS TO FORM WITH
MINOR CHANGES
Date: July 8, 2008
Reviewed by: Stan Vander Mey
Office of Cooperative Agreements
07- LA -1 -PM 17.4/23.49
07 -LA- 107 -pm 2.45/3.49
Santa Monica Bay Beaches Bacteria TMDL
Jurisdictional Groups 5 and 6
Implementation of Implementation Plan
District Agreement No. 07 -4846
EA 910204
MEMORANDUM OF AGREEMENT
SANTA MONICA BAY BEACHES BACTERIA TMDL
JURISDICTIONAL GROUPS FIVE AND SIX
IMPLEMENTATION OF IMPLEMENTATION PLAN
This Memorandum of Agreement ( "MOK) is made, entered into, as of the
effective date of the last Party signature set forth, by and among the City of
Redondo Beach ( "Redondo Beach "), a chartered municipal corporation; the City
of Manhattan Beach ( "Manhattan Beach "), a body corporate and politic; the City
of Torrance ( "Torrance "), a municipal corporation; the City of Hermosa Beach
( "Hermosa Beach "), a body corporate and politic; the City of El Segundo (El
Segundo), a general law city; and the California Department of Transportation
( "Caltrans ") (individually "Party" and collectively, "Parties "), with respect to the
following:
RECITALS
A. WHEREAS, on December 12, 2002, the Regional Water Quality Control
Board, Los Angeles Region (RWQCB) approved Resolution No. 2002 -022,
40
adopting a Total Maximum Daily Load 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
B. WHEREAS, on June 19, 2003 the United States Environmental Protection
Agency approved the TMDL, and on July 15, 2003 the RWQCB issued a letter
stating that the "Effective Date" of the Bacteria TMDL July 15 , 2003; and
C. WHEREAS, the Bacteria TMDL identifies several "Jurisdictional Groups"
within the Santa Monica Bay watershed, with each "Jurisdictional Group" having
a "Primary Jurisdiction," defined to be the jurisdiction comprising greater than fifty
percent (50 %) of the Jurisdictional Group's watershed area; and
D. WHEREAS, the City of Manhattan Beach is the "Primary Jurisdiction" for
Jurisdictional Group Five and El Segundo, Hermosa Beach, Los Angeles County
and Caltrans are "additional responsible jurisdictions and agencies" in
"Jurisdictional Group Five "; and
E. WHEREAS, the City of Redondo Beach is the "Primary Jurisdiction" for
Jurisdictional Group Six and Hermosa Beach, Manhattan Beach, Torrance,
County of Los Angeles, and Caltrans are "additional responsible jurisdictions and
agencies" in "Jurisdictional Group Six "; and
F. WHEREAS, the Parties recognize that the Bacteria TMDL is not self executing
and has not been incorporated into the National Pollution Discharge Elimination
System ( "NPDES ") permit for Waste Discharge Requirements for Municipal
2 Santa Monica Bacteria TMDL
Jurisdictional Groups 5 and 6
Implementation of Implementation Plan
Memorandum of Agreement
41
Storm Water 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 ") as amended on August 19, 2007 or the
statewide permit issued by the State Water Board (Order No. 99- 06 -DWQ) to
Caltrans, in the manner required by law to be enforceable; and
G. WHEREAS, on July 15, 2005 the Parties, in accordance with the Bacteria
TMDL, submitted a final Implementation Plan (IP) to address the requirements of
the Bacteria TMDL.
H. WHEREAS, the Parties desire to implement the IP in an iterative and adaptive
manner consistent with the "integrated water resources approach" ( "IWR
Approach ") identified in the Bacteria TMDL, which will provide for final
compliance within no more than 18 (eighteen) years after the effective date of the
Bacteria TMDL; and
J. WHEREAS, the Parties desire to enter into this MOA voluntarily to, among
other things: 1) set forth their intent to implement the IP that is consistent with the
provisions of the Bacteria TMDL; 2) establish the roles of the Parties to
implement the IP; and 3) establish a formula to calculate the respective financial
share of the costs to be contributed by each Party hereinto implement the IP.
NOW, THEREFORE, in consideration of the mutual benefits and representations
made herein, the Parties hereby agree as follows:
Santa Monica Bacteria TMDL
Jurisdictional Groups 5 and 6
Implementation of Implementation Plan
Memorandum of Agreement
42
AGREEMENT
ARTICLE I — Purpose of MOA
1. Purpose of MOA — The Parties voluntarily enter this MOA to
cooperatively and voluntarily devise and jointly fund the implementation of the IP
that is consistent with the provisions of the Bacteria TMDL including any
incidental documentation necessary to achieve the goals consistent with the
Bacteria TMDL. The activities described in Article I, Section 2 and Article Il,
Section 8, shall be referred to hereinafter as the "Work."
2. The Work shall generally include the activities delineated in the IP.
The IP divides these activities into three categories: Programmatic Solutions,
Structural BMPs, and Source Identification & Controls. Specific activities maybe
modified from time to time in an iterative and adaptive manner in order to comply
with the Bacteria TMDL. The "Work" in the MOA is limited to those activities
identified in the IP to be complete in Phase I and shall include monitoring
activities to be used in the evaluation effort delineated in Phase II. Specific
activities included in each of the three categories are:
a. Programmatic Solutions: develop measures which increase public
understanding of the connection between land use activities and water quality,
encourage good housekeeping practices, and improve compliance with
discharge prohibitions and ordinances among targeted populations.
4 Santa Monica Bacteria TMDL
Jurisdictional Groups 5 and 6
Implementation of Implementation Plan
Memorandum of Agreement
43
b. Structural BMPs: conduct BMP identification and placement study
to identify sites where structural BMPs could be constructed to provide the best
opportunity to improve water quality and provide other beneficial uses.
C. Source Identification & Controls: conduct field reconnaissance in
high priority areas to find significant sources of bacteria; and identify sources of
bacteria from sanitary sewer system in waterfront areas.
3. "Maximum Extent Practicable" Standard — Nothing in this MOA, nor the
described Work, nor any activity approved or carried out by the Parties
hereunder shall be interpreted as a waiver of the position that the maximum effort
to be undertaken by the Parties is subject to the "Maximum Extent Practicable"
standard set forth in the Clean Water Act.
ARTICLE II — Organization
1. Meetings — The Parties agree that their respective Representatives
(as defined below) shall meet, at minimum, once per month to discuss the
development, preparation and submittal of the Work ( "Work Meetings "). The
Parties at Work Meetings shall meet in person, although teleconference meetings
may be held upon agreement of the Representatives. The Chair, as defined
below, shall prepare and distribute a draft written agenda for each Work Meeting
to all Representatives for comments. The Parties shall mutually agree upon a
final agenda for each Work Meeting. The draft agenda shall be distributed at
least four (4) business days prior to the date of each Work Meeting to the
Santa Monica Bacteria TMDL
Jurisdictional Groups 5 and 6
Implementation of Implementation Plan
Memorandum of Agreement
tu
Representatives, except in the case of a Special Meeting wherein the agenda
shall be distributed 24 hours before the Special Meeting. The Chair or any three
(3) Parties may call a Special Meeting to discuss urgent issues that require
immediate attention or action by the Parties prior to the date of the next Work
Meeting. Special Meetings may be held in person or by teleconference. The
Parties must be given two (2) days written notice (by facsimile, mail, or email) of
the Special Meetings as provided by this MOA
2. Quorum — A quorum shall exist if a Work Meeting or Special
Meeting is attended in person or via teleconference by at least five (5)
Representatives; except however, no quorum shall exist unless one of the
Primary Jurisdictions, Manhattan Beach or Redondo Beach, is present. No
official or binding action may be taken at any meetings without a quorum
3. Representatives — Each Party shall appoint one or more
representatives) ( "Representative ") authorized to cast that party's single vote at
the Work Meetings or Special Meetings. Although other individuals of the Party
may also attend the meeting the name(s) of the Representative(s) shall be
submitted at least two (2) days before the first scheduled Work Meeting. A Party
may designate a new Representative(s) to act on its behalf by providing written
or electronic mail notice to both Primary Jurisdiction Representatives at anytime
thereafter but at least two (2) days before the next Work Meeting. A
Representative from each Party shall make every effort to attend every Work
Meeting and Special Meeting. If a Party Representative will be absent from a
6 Santa Monica Bacteria TMDL
Jurisdictional Groups 5 and 6
Implementation of Implementation Plan
Memorandum of Agreement
45
Work Meeting or Special Meeting that Party may appoint another Party's
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 writing or by
electronic mail transmitted to both Primary Jurisdictions at least 24 hours before
the date of the Work or Special Meeting. Proxy representation shall be counted
in determining a quorum.
4. Chair — Redondo Beach shall act as Chair and perform all duties
identified in the agreement to be the responsibility of the Chair. In the event
Redondo Beach is unable to perform the duties of the Chair, Manhattan Beach
shall assume this position. However, the Primary Jurisdictions shall jointly sign
all written communications made on behalf of all Parties. All written
communications shall be copied to all Parties to this 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 required for the
Work, 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 characteristic, whether
express or implied. The intent of this data - sharing provision is to facilitate the
Work. The Parties agree not to use such data for tasks not related to the Work.
7 Santa Monica Bacteria TMDL
Jurisdictional Groups 5 and 6
Implementation of Implementation Plan
Memorandum of Agreement
46
6. Voting — Any action taken at any Work Meeting or Special Meeting
shall be approved by a 2/3 majority vote of the Representatives attending the
meeting or properly noticed proxy, and each said approval vote must include an
affirmative vote by one (1) of the Primary Jurisdictions to be effective and
binding. Each Party shall be bound by any action approved by the Parties at a
Work Meeting or Special Meeting, whether that Party was present or absent from
the Work Meeting or Special Meeting. Each party shall have one vote.
7. Subcommittees — The Representatives acting in a Work Meeting or
Special Meeting may appoint such subcommittees as they believe appropriate
and useful to conduct the work set forth in this MOA.
8. Minutes — The Chair shall provide the services of a secretary to
draft and distribute written minutes of all Work and Special Meetings to the Party
Representatives at the addresses designated below five (5) work days prior to
the next Work or Special Meeting. This activity shall be considered as part of the
Work and the cost associated with this work paid from funds contributed per
Article III, Section 1. Minutes are to be reviewed and approved by the
Representatives during the Work Meeting or Special Meeting
ARTICLE III — FUNDING AND CONTRACTING
1. Funding Agreements — Any funds contributed for the Work,
including contributions for consultants or other services as agreed upon by the
Parties, shall be calculated using the cost - sharing formula described in Exhibit B.
8 Santa Monica Bacteria TMDL
Jurisdictional Groups 5 and 6
Implementation of Implementation Plan
Memorandum of Agreement
47
All funding shall apply to the Work, and shall not be used for implementation
activities not included in the Work. The total contribution by all of the Parties
shall not exceed $591,028 unless otherwise agreed to by the Parties by written
amendment of this MOA. 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 $4,066 having been allocated and encumbered to pay
Caltrans share of the Work costs. Any cost to be invoiced above this sum will
require an amendment to this MOA.
2. Contracting — Should the Parties agree to obtain goods or services
from a Third Party for the execution of the Work, the Parties shall agree upon
one Party to enter into an agreement with the Third Party. Said Party will be the
"Contracting Agency." The Parties agree that Redondo Beach be the
Contracting Agency. The Third Party contract shall incorporate the contracting
requirements and policies of Redondo Beach that may be attached to the
Request for Proposal (RFP). The Third Party contract shall recite, however, that
it is for the benefit of the Parties, and the Third Party shall be paid solely from the
contributions from the Parties in the amounts set forth in Exhibit B. The Third
Party contract shall require the Third Party to look solely to Redondo Beach for
payment of the funds contributed by the Parties and look solely to Redondo
Beach to resolve any issues regarding that contract. The Scope of Work of Third
Party contract shall be presented to the Representatives for review and approval
prior to execution of the contract. The Third Party contract shall also provide that
9 Santa Monica Bacteria TMDL
Jurisdictional Groups 5 and 6
Implementation of Implementation Plan
Memorandum of Agreement
an
it may be terminated upon sixty (60) days written notice by Redondo Beach, and
shall otherwise be in compliance with Redondo Beach's regulations, ordinances
and policies. No Party shall be obligated hereunder to bring any action against
the Third Party for breach of its obligations under the contract.
3. Supervision of Third Party — Redondo Beach shall be responsible
for coordinating the activities of Third Party, including coordinating the scope of
work to be performed by the Third Party. Redondo Beach shall forward all
invoices submitted by the Third Party to the Representatives for review and
comment.
4. Payment — Upon contract execution with a Third Party, Redondo
Beach shall invoice each Party for its respective share of the contracts total costs
based on the formula described in Exhibit B. Each Party shall pay that invoice
within sixty (60) days of receipt. Any change orders costs will be invoiced
separately up to the maximum amount shown in Exhibit B.
5. Caltrans Budget Contingency — All obligations of Caltrans under the
term 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 signed by Caltrans 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.
10 Santa Monica Bacteria TMDL
Jurisdictional Groups 5 and 6
Implementation of Implementation Plan
Memorandum of Agreement
49
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.
ARTICLE IV — GENERAL PROVISIONS
1. Term of MOA — This MOA shall continue in effect for two years
from the effective date, unless earlier terminated or extended by written
agreement of all Parties Representatives. Any extension of the agreement shall
be in 12 month increments. A Party may withdraw from this MOA ( "Withdrawing
Party ") by sending a letter to each Party including the Primary Jurisdictions
stating that Party's decision to withdraw from this MOA. However, prior to
withdrawing, the Withdrawing Party must be current on all financial obligations
resulting from this MOA. Once the Party withdraws from the MOA it will no
11 Santa Monica Bacteria TMDL
Jurisdictional Groups 5 and 6
Implementation of Implementation Plan
Memorandum of Agreement
50
longer be a participant in the Work prepared under this MOA. Further, the
Withdrawing Party forfeits any funds contributed prior to withdrawal from the
MOA. Withdrawal is effective sixty (60) days after the date of written notice to
the Primary Jurisdictions. If, however, the withdrawing Party is Redondo Beach,
withdrawal is effective sixty (60) days after executing an assignment of the Third
Party contract to another Party to the MOA to serve as the new Contracting
Agency.
2. Amendment — This MOA may be amended in writing in the same
manner the MOA was entered except for the term as provide in Articles IV,
Section 1 above.
3. Authority — 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. Counterparts - This MOA may be signed in counterparts, and each
counterpart shall be deemed an original, but all of which shall constitute one and
the same instrument. A copy of all signature pages is attached hereto as Exhibit
C and made a part of this Agreement.
5. Indemnification - Each Party shall indemnify, defend, and hold
harmless each of the other Parties, including their 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
12 Santa Monica Bacteria TMDL
Jurisdictional Groups 5 and 6
Implementation of Implementation Plan
Memorandum of Agreement
51
(including attorney and expert witness fees), arising from or connected with the
acts arising from and /or relating to this MOA.
6. Mutual Grant of Entry - During the term of this MOA, each Party
hereby grants to every other Party the right of access and entry to all storm
drains, creeks, beaches, and existing monitoring stations at beaches subject to
this MOA (the "Property ") to achieve the purposes of this MOA. Prior to
exercising said right of entry, the entering Party shall provide written notice to the
Party who owns and /or retains jurisdiction over the Property. For the purposes of
this provision, written notice shall be delivered to the Party Representative at
least 48 hours in advance of entry and the Party seeking entry must receive
confirmation to proceed from the Party that owns and /or retains jurisdiction over
the Property before entering the Property. The Parties shall indemnify, defend
and hold harmless each other Party, 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. This indemnification is in addition to the other indemnities made
herein.
7. Access to County Facilities — Any Party intending to enter onto the
Los Angeles County right of way shall first apply for an Access Permit from the
Los Angeles County Flood Control District's (LACFCD) Construction Division,
13 Santa Monica Bacteria TMDL
Jurisdictional Groups 5 and 6
Implementation of Implementation Plan
Memorandum of Agreement
� .L
Permit Section. Once this Permit is obtained, the Party must contact LACFCD's
Flood Maintenance Division at least 48 hours prior to entering the Property.
8. 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 permitees as deemed
necessary, in 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.
14 Santa Monica Bacteria TMDL
Jurisdictional Groups 5 and 6
Implementation of Implementation Plan
Memorandum of Agreement
53
9. 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
Representative of the Party at the addresses set forth herein below. Written
notice shall include notice delivered via email. A notice shall be 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 herein.
10. 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
except as expressly provided 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.
11. Governing Law — This MOA shall be governed, interpreted,
construed and enforced in accordance with the law of the State of California.
12. 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.
15 Santa Monica Bacteria TMDL
Jurisdictional Groups 5 and 6
Implementation of Implementation Plan
Memorandum of Agreement
54
IN WITNESS WHEREOF, the Parties hereto have signed this MOA on the date
afterwards indicated.
City of Manhattan Beach
0
Attest:
Bv:
Geoff Dolan, City Manager
Liza Tamura, City Clerk
Date:
Approved as to Form:
Bv:
Robert V. Wadden, City Attorney
Mailing Address: City of Manhattan Beach
Public Works Department
3621 Bell Ave.
Manhattan Beach, CA 90266
City of Hermosa Beach
By:
Art Yoon, Mayor
Attest:
By:
Elaine Doerfling, City Clerk
Date:
Approved as to Form:
Bv:
Michael Jenkins, City Attorney
Mailing Address: City of Hermosa Beach
1315 Valley Dr
Hermosa Beach, CA 90254
16 Santa Monica Bacteria TMDL
Jurisdictional Groups 5 and 6
Implementation of Implementation Plan
Memorandum of Agreement
55
City of Redondo Beach
a Chartered Municipal Corporation
By:
Mike Gin, Mayor
Attest:
Date:
Approved as to Form:
By: By:
Eleanor Manzano, City Clerk Michael W. Webb, City Attorney
Mailing Address: City of Redondo Beach
Engineering and Building Services Department
415 Diamond Street
Redondo Beach, CA 90277
City of Torrance
a Municipal Corporation
0
Attest:
M
Frank Scotto, Mayor
Date:
Approved as to Form:
By:
Sue Herbers, City Clerk John L. Fellows, City Attorney
Mailing Address: City of Torrance
Public Works Department — Engineering Division
20500 Madrona
Torrance, CA 90503
17 Santa Monica Bacteria TMDL
Jurisdictional Groups 5 and 6
Implementation of Implementation Plan
Memorandum of Agreement
5G
City of El Segundo
a General Law City
By:
Attest:
By:
Jack Wayt, City Manager
Cindy Mortesen, City Clerk
0
Date:
Approved as to Form:
Mark D. Hensley, City Attorney
Karl H. Berger, Assistant City Attorney
Mailing Address: City of El Segundo
Public Works Department
350 Main Street
El Segundo, CA 90245
18 Santa Monica Bacteria TMDL
Jurisdictional Groups 5 and 6
Implementation of Implementation Plan
Memorandum of Agreement
51
STATE OF CALIFORNIA
Department of Transportation
Will Kempton
Director of Transportation
LA
Douglas R. Failing
District Director
Date:
Approved as to Form & procedure: Certified as to funds:
M
Attorney
Certified as to Financial Terms and Conditions:
By:
Accounting Administrator
District Budget Manager
Address: California Department of Transportation, District 07
100 South Main Street, Suite 100, MS 13
Los Angeles, California 90012
Attention: Bob Wu
19 Santa Monica Bacteria TMDL
Jurisdictional Groups 5 and 6
Implementation of Implementation Plan
Memorandum of Agreement
LOCO
MAlftj
Exhibit A
Copy of
Santa Monica Bay Beaches Bacterial
Total Maximum Daily Load
Resolution No. 2002 -022 (6 pages)
Attachment A (17 pages)
Attachment B (1 page)
Santa Monica Bacteria TMDL
Jurisdictional Groups 5 and 6
Implementation Plan Development
Memorandum of Agreement
Exhibit B
Cost Sharing Formula
All Parties agree to share the cost of implementing the implementation plan for
Jurisdictional Groups 5 & 6 on a tributary area basis (except for the BMP Siting
portion of the work which is distributed to Manhattan Beach, Hermosa Beach and
Redondo Beach only at a ratio of 57.1%, 14.3% and 28.6% respectively).
The following table shows cost sharing distribution and maximum contribution
amount:
Jurisdiction
Tributary
Area
(acres)
%
Contribution
Programmatic
Solutions
BMP Siting
and
Quantification
Analysis
Source ID
and Sewer
System
Study
Total
Manhattan Beach
2,023
25.5%
$70,175
$59,428
$47,310
$176,913
Hermosa Beach
901
11.4%
31,372
17,244
21,150
69,767
Redondo Beach
2,623
33.1%
91,090
39,380
61,411
191,880
Torrance
2,289
28.9%
79,532
13,727
53,618
146,877
El Segundo
21
0.3%
826
142
557
1,525
Caltrans
66
0.8%
2,202
380
1,484
4,066
Total
7,923
100.0%
$275,197
$130,301
$185,530
$591,028
Santa Monica Bacteria TMDL
Jurisdictional Groups 5 and 6
Implementation Plan Development
Memorandum of Agreement
f
Exhibit C
Copy of Signed Signature Pages
IN WITNESS WHEREOF, the Parties hereto have signed this MOA on the date
afterwards indicated.
City of Manhattan Beach
By:
Geoff Dolan, City Manager
Attest:
By:
Liza Tamura, City Clerk
Date:
Approved as to Form:
By:
Robert V. Wadden, City Attorney
Mailing Address: City of Manhattan Beach
Public Works Department
3621 Bell Ave.
Manhattan Beach, CA 90266
City of Hermosa Beach
L-
Art Yoon, Mayor
Attest:
By:
Elaine Doerfling, City Clerk
Date:
Approved as to Form:
By:
Michael Jenkins, City Attorney
Mailing Address: City of Hermosa Beach
1315 Valley Dr
Hermosa Beach, CA 90254
Santa Monica Bacteria TMDL
Jurisdictional Groups 5 and 6
Implementation Plan Development
Memorandum of Agreement
61
Exhibit C
Copy of Signed Signature Pages
City of Redondo Beach
a Chartered Municipal Corporation
By
Mike Gin, Mayor
Attest:
Date:
Approved as to Form:
By: By:
Eleanor Manzano, City Clerk Michael W. Webb, City Attorney
Mailing Address: City of Redondo Beach
Engineering and Building Services Department
415 Diamond Street
Redondo Beach, CA 90277
City of Torrance
a Municipal Corporation
By:
Frank Scotto, Mayor
Attest:
Sue Herbers, City Clerk
Date:
Approved as to Form:
la
John L. Fellows, City Attorney
Mailing Address: City of Torrance
Public Works Department — Engineering Division
20500 Madrona
Torrance, CA 90503
Santa Monica Bacteria TMDL
Jurisdictional Groups 5 and 6
Implementation Plan Development
Memorandum of Agreement
62
City of El Segundo
a General Law City
By:
Attest:
By:
Exhibit C
Copy of Signed Signature Pages
Jack Wayt, City Manager
Cindy Mortesen, City Clerk
By:
Date:
Approved as to Form:
Mark D. Hensley, City Attorney
Karl H. Berger, Assistant City Attorney
Mailing Address: City of El Segundo
Public Works Department
350 Main Street
El Segundo, CA 90245
Santa Monica Bacteria TMDL
Jurisdictional Groups 5 and 6
Implementation Plan Development
Memorandum of Agreement
)
Exhibit C
Copy of Signed Signature Pages
STATE OF CALIFORNIA
Department of Transportation
Will Kempton
Director of Transportation
By:
Douglas R. Failing
District Director
Date:
Approved as to Form & procedure: Certified as to funds:
M
Attorney
Certified as to Financial Terms and Conditions:
M
Accounting Administrator
By:
District Budget Manager
Address: California Department of Transportation, District 07
100 South Main Street, Suite 100, MS 13
Los Angeles, California 90012
Attention: Bob Wu
Santa Monica Bacteria TMDL
Jurisdictional Groups 5 and 6
Implementation Plan Development
Memorandum of Agreement
64
State of California
`l California Regional Water Quality Control Board, Los Angeles Region
RESOLUTION NO. 2002-022
December 12, 2002
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 Wet- Weather Total Maximum Daily Load for Bacteria at Santa Monica Bay
Beaches
WHEREAS, the California Regional Water Quality Control Board, Los Angeles Region,
finds that:
I. 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
found within its region.
2. The Regional Board carries out its CWA responsibilities through California's Porter - Cologne
Water Quality Control Act and establishes water quality objectives designed to protect
beneficial uses contained in the Water Quality Control Plan for the Los Angeles Region
(Basin Plan).
3. Section 303(d) of the CWA requires states to identify and to prepare a list of water bodies
l that do not meet water quality standards and then to establish load and waste load allocations,
j or a total maximum daily load (TMDL), for each water body that will ensure attainment of
water quality standards and then to incorporate those allocations into their water quality
control plans.
4. Many of the beaches along Santa Monica Bay were listed on California's 1998 section 303(d)
list, due to impairments for coliform or for beach closures associated with bacteria generally.
The beaches appeared on the 303(d) 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 March 22, 1999. This court order directs the
USEPA to complete TMDLs for all the Los Angeles Region's impaired waters within 13
years. A schedule was established in the consent decree for the completion of 29 TMDLs
within 7 years, including completion of a TMDL to reduce bacteria at Santa Monica Bay
beaches by March 2002. The remaining TMDLs will be scheduled by Regional Board staff
within the 13 -year period.
6. The elements of a TMDL are described in 40 CFR 130.2 and 130.7 and section 303(d) of the
CWA, as well as in USEPA guidance documents (e.g., USEPA, 1991). A TMDL is defined
as "the sum of the individual waste load allocations for point sources and load allocations for
nonpoint sources and natural background" (40 CFR 130.2). Regulations further stipulate that
TMDLs 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
65
Resolution No. 2002 -022
Page 2
and water quality" (40 CFR 130.7(c)(1)). The provisions in 40 CFR 130.7 also state that
TMDLs shall take into account critical conditions for stream flow, loading and water quality 1
parameters. !
7. Upon establishment of TMDLs by the State or USEPA, the State is required to incorporate
the TMDLs 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 governing the watersheds under the
jurisdiction of the Regional Board.
8. Santa Monica Bay is located in Los Angeles County, California. The proposed TMDL
addresses documented bacteriological water quality impairments at 44 beaches from the Los
AngelesfVentura County line, to the northwest, to Outer Cabrillo Beach, just south of the
Palos Verdes Peninsula.
9. The Regional Board is establishing the above - mentioned TMDL to preserve and enhance the
water quality at Santa Monica 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 swimmers 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 $1.7 billion
annually.
10. The Regional Board's goal in establishing the above- mentioned TMDL is to reduce the risk
of illness associated with swimming in marine waters contaminated with bacteria. Local and
national epidemiological 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 water quality }
objectives on which the TMDL numeric targets are based will 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 swimmers, which is defined by the US EPA as an "acceptable health
risk "in 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 review and continent 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 components of
the TMDL with participation by the Southern California Coastal Water Research Project,
City of Los Angeles, County of Los Angeles Department of Public Works, County Sanitation
Districts of Los Angeles County, Heal the Bay, and Santa Monica Bay Restoration Project.
12. A first draft of the TMDL for bacteria at Santa Monica Bay beaches was released for public
comment on November 9, 2001; an interim draft TMDL covering wet weather only was
released on June 21, 2002, for discussion at a public workshop; and a public workshop on the
draft Wet - Weather TMDL was held on June 27, 2002 at a regularly scheduled Regional
Board meeting.
13. A final draft of the Wet - Weather TMDL 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 comments received from the public; and the Regional Board
Final — 12/12/02
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Resolution No. 2002 -022
Page 3
held a public hearing on September 26, 2002 to consider adoption of the Wet - 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, 2002 Board meeting. Specifically, the
Board wanted an implementation program that was reasonable and as short as practicable
given the testimony on impairments to the RECA beneficial use.
15. The Regional Board recognizes that there are two broad approaches to implementing the
TMDL. 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, including groundwater infiltration, at multiple points throughout a watershed;
and addresses multiple pollutants for which Santa Monica Bay or its watershed 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 preserve local
groundwater resources and to reduce reliance on imported water. The Regional Board
recognizes that an integrated water resources approach not only provides water quality
benefits to the people of the Los Angeles Region, but also recognizes that the responsible
jurisdictions implementing this TMDL can serve a variety of public purposes by adopting an
integrated water resources approach. An integrated water resources approach will address
multiple pollutants, and as a result, responsible jurisdictions can recognize cost - savings
l because capital expenses for the integrated approach will implement several TMDLs that
J address pollutants in storm water. In addition, jurisdictions serve multiple roles for their
citizenry, and an integrated approach allows for the incorporation and enhancement of other
public goals such as water supply, recycling and storage; environmental justice; parks,
greenways and open space; and active and passive recreational and environmental education
opportunities.
The Regional Board acknowledges that a longer timeframe 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 TMDL to allow for a longer implementation schedule (up to
IS 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 a shorter
implementation schedule (up to 10 years) is reasonable and practicable for non - integrated
approaches because the level of planning 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 written comments
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.
Final — 12/12/02
.67
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Resolution No. 2002 -022
Page 4
18. On October 25, 2001, the Regional Board adopted Resolution 2001 -018 establishing revised
bacteriological water quality objectives for the Water Contact Recreation (REC -1) beneficial )
use, and the TMDL is intended to accompany and to implement the revised water quality
objectives. The State Water Resources Control Board approved the Regional Board's Basin
Plan amendment on July 18, 2002 in State Board Resolution 2002 -0142, the Office of
Administrative Law approved it on September 19, 2002 in OAL File No. 02- 0807 -01 -S, and
the US EPA approved it on September 25, 2002.
19. Under certain circumstances and through the TMDL development process, the Regional
Board proposes to implement the aforementioned revised bacteria objectives using either a
'reference system/anti- degradation approach' or a `natural sources exclusion approach.' As
required by the CWA and Porter - Cologne Water Quality Control Act, the Basin Plan includes
beneficial uses of waters, water quality objectives to protect those uses, an anti - degradation
policy, collectively referred to as water quality standards, and other plans and policies
necessary to implement water quality standards. This TMDL and its associated waste load
allocations, which will be incorporated into relevant permits, are the vehicles for
implementation of the bacteria standards as required under Water Code section 13242.
20. Both the `reference system/anti- 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 implementing the bacteria objectives using a `reference
system/anti - 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 bacteriological water
quality is 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 1
`natural sources exclusion approach' is to ensure:that all anthropogenic sources of bacteria J
are controlled such that they do not cause an exciedance 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 creeks 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 the Wet - Weather and Dry- Weather Bacteria TMDLs at Santa Monica Bay beaches, Leo
Carrillo Beach and its associated drainage area, Arroyo Sequit Canyon, 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 TMDL is revised four years after the effective date. Leo Carrillo Beach was 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 has a freshwater outlet (i.e., creek) to the beach,
and adequate historical 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 in number and provide less comprehensive
data than the extensive shoreline monitoring network elsewhere in Santa Monica Bay.
Final — 12/12/02
-68
Resolution No. 2002 -022
Page 5
24. The numeric targets in this TMDL are not water quality objectives and do not create new
bases for enforcement against dischargers apart from the water quality objectives they
translate. The targets merely establish the bases through which load allocations and
wasteload allocations (WLAs) are calculated. WLAs are only enforced for a dicharger's own
discharges, and then only in the context of it National Pollutant Discharge Elimination
System (NPDES) permit, which must be consistent with the assumptions and requirements of
the WLA. The Regional Board will develop permit requirements through a subsequent
permit action that will allow all interested persons, including but not limited to municipal
storm water dischargers, to provide comments on how the waste 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 establishes 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 Wet -
Weather Bacteria TMDL.
26. Previously, the Regional Board adopted a Dry- Weather Bacteria TMDL for the Santa Monica
Bay Beaches. The Dry- Weather TMDL includes implementation provisions contained in
Table 7-4.3 of the Basin Plan, including a provision to reconsider two years after the effective
date the Dry- Weather TMDL and specifically the reference beach(es) used. Because that
effort overlaps with reconsideration of the reference beach(es) anticipated by this Wet -
Weather TMDL, 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 TMDLs.
27. The basin planning process has been certified as functionally equivalent to the California
Environmental Quality Act requirements for preparing environmental documents (Public
Resources Code, Section 21000 et seq.) and as such, the required environmental
documentation and CEQA environmental checklist have been prepared.
28. The proposed amendment results in no potential for adverse effect (de minimis finding),
either individually or cumulatively, on wildlife.
29. The regulatory action meets the "Necessity" standard of the Administrative Procedures Act,
Government Code, section 11353, subdivision (b).
30. The Basin Plan amendment incorporating a TMDL 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 Law (OAL), and 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 Water Code,
the Regional Board hereby amends the Basin Plan as follows:
1. Pursuant to sections 13240 and 13242 of the California Water Code, the Regional Board,
after considering the entire record, including oral testimony at the hearing, hereby adopts the
amendments to Chapters 3 and 7 of the Water Quality Control Plan for the Los Angeles
Region, as set forth in Attachment A hereto, to incorporate the elements of the Santa Monica
Final — 12/12/02
69
Resolution No. 2002 -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 use.
2. Pursuant to sections 13240 and 13242 of the California Water Code, the Regional Board,
after considering the entire record, including oral testimony at the hearing, hereby adopts the
amendments to Chapter 7 of the Water Quality Control Plan for the Los Angeles Region, as
set forth in Attachment B hereto, to amend Table 7-4.3 of the Santa Monica Bay Beaches
Bacteria TMDL for dry weather to change the date for revision of the TMDL from two years
after the effective date to four years after the effective date [of the Wet - Weather TMDLJ to
achieve consistency in scheduling between the Dry- Weather and Wet - Weather TMDLs.
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 TMDL 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 forward it to OAL and the USEPA.
6. If during its approval process the State Board or OAL determines that minor, non - substantive
corrections to the language of the amendment are needed for clarity or consistency, the
Executive Officer may make such changes, and shall inform the Board of any such changes.
7. The Executive Officer is authorized to sign a Certificate of Fee Exemption.
1, Dennis A. Dickerson, Executive Officer, do hereby certify that the foregoing is a full, true, and
correct copy of a resolution adopted by the California Regional Water Quality Control Board, Los
Angeles Region, on December 12, 2002.
ORIGINAL SIGNED BY
Dennis A. Dickerson
Executive Officer
Final — 12/12/02
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1
Attachment A to Resolution No. 2002 -022
Amendment to the Water Quality Control Plan - Los Angeles Region to incorporate
Implementation Provisions for the Region's Bacteria Objectives and to incorporate the
Santa Monica Bay Beaches Wet - Weather Bacteria TMDL
Adopted by the California Regional Water Quality Control Board, Los Angeles Region on December 12,
2002.
Amendments:
List of Figures, Tables and Inserts
Add under Chapter 7, Section 7-4 (Santa Monica Bay Beaches Bacteria TMDL:
.. , . - Tables . .. .•
7-4.4. Santa Monica Bay Beaches Bacteria TMDL (Wet Weather Only): Elements
74.5. Santa Monica Bay Beaches Bacteria TMDL (Wet Weather Only): Final Allowable
Exceedance Days by Beach Location
7-4.6. Santa Monica Bay Beaches Bacteria TMDL (Wet Weather Only): Interim Compliance
Targets by Jurisdictional Groups
711.7. Santa Monica Bay Beaches Bacteria TMDL (Wet Weather Only): Significant Dates
Chapter 3. Water Quality Objectives, "Bacteria, Coliform"
Add under "Implementation Provisions for Water Contact Recreation Bacteria Objectives"
The single sample bacteriological objectives shall be strictly applied except when provided for in a Total
Maximum Daily Load (TMDL). In all circumstances, including in the context of a TMDL, the geometric
mean objectives shall be strictly applied. In the context of a TMDL, the Regional Board may implement
ll the single sample objectives in fresh and marine waters by using a `reference system/antidegradation
ap 'roach' or `natural sources exclusion approach' as discussed below. A reference system is defined as
an area and associated monitoring point that is not impacted by human activities that potentially affect
bacteria densities in the receiving water body.
These approaches recognize that there are natural sources of bacteria, which may cause or contribute to
exceedances of the single sample objectives for bacterial indicators. They also acknowledge that it is not
the intent of the Regional Board to require treatment or diversion of natural water bodies or to require
treatment of natural sources of bacteria from undeveloped areas. Such requirements, if imposed by the
Regional Board, could adversely affect valuable aquatic life and wildlife beneficial uses supported by
natural water bodies in the Region.
Under the reference system/antidegradation implementation procedure, a certain frequency of exceedance
of the single sample objectives above shall be permitted on the basis of the observed exceedance
frequency in the selected reference system or the targeted water body, whichever is less. The reference
system/anti- degradation approach ensures that bacteriological water quality is at least as good as that of a
reference'system and that no degradation of existing bacteriological water quality is permitted where
existing bacteriological water quality is better than that of the selected reference system.
Under the natural sources exclusion implementation procedure, after all anthropogenic sources of bacteria
have been controlled such that they do not cause or contribute to an exceedance of the single sample
objectives and natural sources have been identified and quantified, a certain frequency of exceedance of
the single sample objectives shall be permitted based on the residual exceedance frequency in the specific
water body. The residual exceedance frequency shall define the background level of exceedance due to
natural sources. The `natural sources exclusion' approach may be used if an appropriate reference system
cannot be identified due to unique characteristics of the target water body. These approaches are
Final - 12/12/02
7 1
Attachment A to Resolution No. 2002 -022
consistent with the State Antidegradation Policy (State Board Resolution No. 68 -16) and with federal
antidegradation requirements (40 CFR 131.12).
The appropriateness of these approaches and the specific exceedance frequencies to be permitted under
each will be evaluated within the context of TMDL development for a specific water body, at which time
the Regional Board may select one of these approaches, if appropriate.
These implementation procedures may only be implemented within the context of a TMDL addressing
municipal storm water, including the municipal storm water requirements of the Statewide Permit for
Storm Water Discharges from the.State of California Department of Transportation (Caltrans), and non-
point sources discharges. These implementation provisions do not apply to NPDES discharges other than
MS4 discharges.'
Chapter 7. Total Maximum Daily Loads (TMDLs) Summaries, Section 7 -4 (Santa Monica Bay
Beaches Bacteria TMDL)
Santa Monica Bay Beaches Bacteria TMDL (Wet Weather Only)*
This TMDL was adopted by the Regional Water Quality Control Board on December 12, 2002.
This TMDL was approved by:
The State Water Resources Control Board on [Insert Date].
The Office of Administrative Law on [Insert Date].
The U.S. Environmental Protection Agency on [Insert Date].
The following table summarizes the key elements of this TMDL.
.j
Municipal storm water discharges in the Los Angeles Region are those with permits under the Municipal
Separate Storm Sewer System (MS4) NPDES Program. For example, the MS4 permits at the time of this
amendment are the Los Angeles County Municipal Storm Water NPDES Permit, Ventura County
Municipal Storm Water NPDES Permit, City of Long Beach Municipal Storm Water NPDES Permit, and i
elements of the statewide stone water permit for the California Department of Transportation (Caltrans).
Final — 12/12/02 2
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l
Attachment A to Resolution No. 2002 -022
Table 7 -4.4. Santa Monica Bav Beaches Bacteria TMDL (Wet Weather Oniv): Elements
Element
Key Findings and Regulatory Provisions
Problem Statement
Elevated bacterial indicator densities are causing impairment of the
water contact recreation (REC -1) beneficial use at many Santa Monica
Bay (SMB) beaches. Swimming in waters with elevated bacterial
indicator densities has long been associated with adverse health effects.
Specifically, local and national epidemiological studies compel the
conclusion that there is a causal relationship between adverse health
effects and recreational water quality, as measured by bacterial
indicator densities.
Numeric Target
The TMDL has a multi -part numeric target based on the bacteriological
(Interpretation of the numeric
water quality objectives for marine water to protect the water contact
water quality objective, used to
recreation (REC -1) use. These targets are the most appropriate
calculate the waste load
indicators of public health risk in recreational waters.
allocations)
These bacteriological objectives are set forth in Chapter 3 of the Basin
Plan, as amended by the Regional Board on October 25, 2001. The
objectives are based on four bacterial indicators and include both
geometric mean limits and single sample limits. The Basin Plan
objectives that serve as numeric targets for this TMDL are:
1. Rolling 30-day Geometric Mean Limits
a. Total coliform density shall not exceed 1,000 /100 ml.
b. Fecal coliform density shall not exceed 200/100 ml.
c. Enterococcus density shall not exceed 35/100 ml.
2. Single Sample Limits
a. Total coliform density shall not exceed 10,000/100 ml.
b. Fecal coliform density shall not exceed 400/100 ml.
c. Enterococcus density shall not exceed 104/100 ml.
d. Total coliform density shall not exceed 1,000 /100 ml, if the
ratio of fecal -to -total coliform exceeds 0.1.
These objectives are generally based on an acceptable health risk for
marine recreational waters of 19 illnesses per 1,000 exposed individuals
as set by the US EPA (US EPA, 1986). The targets apply throughout
the year. The final compliance point for the targets is the wave wash'
where there is a freshwater outlet (i.e., publicly -owned storm drain or
natural creek) to the beach, or at ankle depth at beaches without a
freshwater outlet.
Implementation of the above bacteria objectives and the associated
TMDL numeric targets is achieved using a `reference system/anti-
degradation approach' rather than the alternative `natural sources
exclusion approach' or strict application of the single sample objectives.
As required by the CWA and Porter - Cologne Water Quality Control
Act, Basin Plans include beneficial uses of waters, water quality
objectives to protect those uses, an anti - degradation policy, collectively
referred to as water quality standards, and other plans and policies
necessary to implement water quality standards. This TMDL and its
associated waste load allocations, which shall be incorporated into
relevant permits, are the vehicles for im lementation of the Region's
' The wave wash is defined as the point at which the storm drain or creek empties and the effluent from
the storm drain initially mixes with the receiving ocean water.
Final — 12/12/02 3
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7 3
• 'i J 1
Attachment A to Resolution No. 2002 -022
Element
Key Findings and Regulatory Provisions
standards.
The `reference system/anti- degradation approach' means that on the
basis of historical exceedance levels at existing shoreline monitoring
locations, including a local reference beach within Santa Monica Bay, a
certain number of daily exceedances of the single sample bacteria
objectives are permitted. The allowable number of exceedance days is
set such that (1) bacteriological water quality at any site is at least as
good as at a designated reference site within the watershed and (2) there
is no degradation of existing shoreline bacteriological water quality.
This approach recognizes that there are natural sources of bacteria that
may cause or contribute to exceedances of the single sample objectives
and that it is not the intent of the Regional Board to require treatment or
diversion of natural coastal creeks or to require treatment of natural
sources of bacteria from undeveloped areas.
The geometric mean targets may not be exceeded at any time. The
rolling 30-day geometric means will be calculated on each day. If
weekly sampling is conducted, the weekly sample result will be
assigned to the remaining days of the week in order to calculate the
daily rolling 30-day geometric mean. For the single sample targets, each
existing shoreline monitoring site is assigned an allowable number of
exceedance days during wet weather, defined as days with 0.1 inch of
rain or greater and the three days following the rain event. (A separate
amendment incorporating the Santa Monica Bay Beaches Dry- Weather
Bacteria TMDL addressed the allowable number of summer and winter
dry- weather exceedance. days.)
Source Analysis
With the exception of isolated sewage spills, storm water runoff
conveyed by storm drains and creeks is the primary source of elevated
bacterial indicator densities to SMB beaches during wet weather.
Because the bacterial indicators used as targets in the TMDL are not
specific to human sewage, storm water runoff from undeveloped areas
may also be a source of elevated bacterial indicator densities. For
example, storm water runoff from natural areas may convey fecal
matter from wildlife and birds or bacteria from soil. This is supported
by the finding that, at the reference beach, the probability of exceedance
of the single sample targets during wet weather is 0.22.
Loading Capacity
Studies show that bacterial degradation and dilution during transport
from the watershed to the beach do not significantly affect bacterial
indicator densities at SMB beaches. Therefore, the loading capacity is
defined in terms of bacterial indicator densities, which is the most
appropriate for addressing public health risk, and is equivalent to the
numeric targets, listed above. As the numeric targets must be met in the
wave wash and throughout the day, no degradation allowance is
provided.
Waste Load Allocations (for
Waste load allocations are expressed as the number of sample days at a
point sources)
shoreline monitoring site that may exceed the single sample targets
identified under "Numeric Target." Waste load allocations are
expressed as allowable exceedance days because the bacterial density
and frequency of single sample exceedances are the most relevant to
public health protection.
Final — 12/12/02
J
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Attachment A to Resolution No. 2002 -022 Y
Element
Key Findings and Regulatory Provisions
For each shoreline monitoring site and corresponding subwatershed, an
allowable number of exceedance days is set for wet weather.
The allowable number of exceedance days for a shoreline monitoring
site for each time period is based on the lesser of two criteria
(1) exceedance days in the designated reference system and (2)
exceedance days based on historical bacteriological data at the
monitoring site. This ensures that shoreline bacteriological water
quality is at least as good as that of a largely undeveloped system and
that there is no degradation of existing shoreline bacteriological water
quality.
All responsible jurisdictions and responsible agencies' within a
subwatershed are jointly responsible for complying with the allowable
number of exceedance days for each associated shoreline monitoring
site identified in Table 7-4.5 below.
The three Publicly Owned Treatment Works (POTWs), the City of Los
Angeles' Hyperion Wastewater Treatment Plant, Los Angeles County
Sanitation Districts' Joint Water Pollution Control Plant, and the Las
Virgenes Municipal Water Districts' Tapia Wastewater Reclamation
Facility, discharging to Santa Monica Bay are each given individual
WI-As of zero 0 days of exceedance during wet weather.
3 For the purposes of this TMDL, "responsible jurisdictions and responsible agencies" are defined 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 pursuant to its storm water
permit.
Final — 12/12/02 5
7-5
Attachment A to Resolution No. 2002 -022 '� 1
Element
Key Findings and Regulat2g Provisions
Load Allocations (for nonpoint
Because all storm water runoff to SMB beaches is regulated as a point
sources)
source, load allocations of zero days of exceedance are set in this
TMDL. If a nonpoint source is directly impacting shoreline
bacteriological quality and causing an exceedance of the numeric
target(s), the permittee(s) under the Municipal Storm Water NPDES
Permits are not responsible through these permits. However, the
jurisdiction or agency adjacent to the shoreline monitoring location may
have further obligations as described under "Compliance Monitoring"
below.
Implementation
The regulatory mechanisms used to implement the TMDL will include
primarily the Los Angeles County Municipal Storm Water NPDES
Permit (MS4 Permit), the Caltrans Storm Water Permit, the three
NPDES permits for the POTWs, the authority contained in sections
13267 and 13263 of the Water Code, and regulations to be adopted
pursuant to section 13291 of the Water Code. Each NPDES permit
assigned a waste load allocation shall be reopened or amended at
reissuance, in accordance with applicable laws, to incorporate the
applicable waste load allocation(s) as a permit requirement.
The implementation schedule will be determined on the basis of the
implementation plan(s), which must be submitted to the Regional Board
by responsible jurisdictions and agencies within two years of the
effective date of the TMDL (see Table 7 -4.7). After considering the
implementation plan(s), the Regional Board shall amend the TMDL at a
public hearing and, in doing so, will adopt an individual implementation
schedule for each jurisdictional group (described in paragraph 3 below)
that is as short as possible taking into account the implementation
approach being undertaken. Responsible jurisdictions and agencies
must clearly demonstrate in the above - mentioned plan whether they
intend to pursue an integrated water resources approach.4 if an
integrated water resources approach is pursued, responsible
jurisdictions and agencies may be allotted up to an 18 -year
implementation timeframe, based on a clear demonstration of the need
for a longer schedule in the implementation plan, in recognition of the
additional planning and time needed to achieve the multiple benefits of
this approach. Otherwise, at most a 10 -year implementation timeframe
will be allotted, depending upon a clear demonstration of the time
needed in the implementation plan.
The subwatersheds associated with each beach monitoring location may
J
l
4 An integrated water resources approach is one 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, including groundwater infiltration,
at multiple points throughout a watershed; and addresses multiple pollutants for which Santa Monica Bay
or its watershed are listed on the CWA section 303(d) List as impaired. Because an integrated water
resources approach will address multiple pollutants, responsible jurisdictions can recognize cost - savings
because capital expenses for the integrated approach will implement several TMDLs that address
pollutants in storm water. An integrated water resources approach shall not only provide water quality
benefits to the people of the Los Angeles Region, but it is also anticipated that an integrated approach will
incorporate and enhance other public goals. These may include, but are not limited to, water supply, 1
recycling and storage; environmental justice; parks, greenways and open space; and active and passive
recreational and environmental education opportunities.
Final — 12/12/02 6
t�f�
Attachment A to Resolution No. 2002 -022 ) +
Element Key Findings and Regulatory Provisions
include multiple responsible jurisdictions and responsible agencies.
Therefore, a "primary jurisdiction," defined as the jurisdiction
comprising greater than fifty percent of the subwatershed land area, is
identified for each subwatershed (see Table 7- 4.6).5 Seven primary
jurisdictions are identified within the Santa Monica Bay watershed,
each with a group of associated subwatersheds and beach monitoring
locations. These are identified as "jurisdictional groups" (see Table 7-
4.6). The primary jurisdiction of each "jurisdictional group" shall be
responsible for submitting the implementation plan described above,
which will determine the implementation timeframe for the
subwatershed. A jurisdictional group may change its primary
jurisdiction by submitting a joint, written request, submitted by the
current primary jurisdiction and the proposed primary jurisdiction, to
the Executive Officer requesting a reassignment of primary
responsibility. Two jurisdictional groups may also choose to change the
assignment of monitoring locations between the two groups by
submitting a joint, written request, submitted by the current primary
jurisdiction and the proposed primary jurisdiction, to the Executive
Officer requesting a reassignment of the monitoring location.
If an integrated water resources approach is pursued, the jurisdictional
group(s) must achieve a 10% cumulative percentage reduction from the
total exceedance -day reduction required for the group of beach
monitoring locations within 6 years, a 25% reduction within 10 years,
and a 50% reduction within 15 years of the effective date of the TMDL.
These interim milestones for the jurisdictional group(s) will be re-
evaluated, considering planning, engineering and construction tasks,
based on the written implementation plan submitted to the Regional
Board two years after the effective date of the TMDL (see Table 7 -4.7).
If an integrated water resources approach is not pursued, the
jurisdictional group(s) must achieve a 25% cumulative percentage
reduction from the total exceedance -day reduction required for the
group of beach monitoring locations within 6 years, and a 50%
reduction within 8 years of the effective date of the TMDL (see Table
7 -4.7).
For those beach monitoring locations subject to the antidegradation
provision, there shall be no increase in exceedance days during the
implementation period above that estimated for the beach monitoring
location in the critical year as identified in Table 7-4.5.
The final implementation targets in teens of allowable wet - weather
exceedance days must be achieved at each individual beach location no
later than 18 years after the TMDL's effective date if an integrated
water resources approach is pursued, or no later than 10 years after the
TMDL's effective date if an integrated water resources approach is not
pursued. In addition, the geometric mean targets must be achieved for
each individual beach location no later than 18 years or 10 years after
the effective date, resoectively. depending on whether a integrated
5 Primary jurisdictions are not defined for the Ballona Creek subwatershed or the Malibu Creek
subwatershed, since separate bacteria TMDLs are being developed for these subwatersheds.
Final — 12/12/02 7
Attachment A to Resolution No. 2002 -022
I_ Element I Key Findings and Regulatory Provisions
water resources approach is pursued or not.
Final — 12/12/02
l
Attachment A to Resolution No. 2002 -022
Element
Key Findings and Regulatory Provisions
Margin of Safety
The TMDL is set at levels that are exactly equivalent to the applicable
water quality standards along with the proposed reference
system/antidegradation implementation procedure.
An implicit margin of safety is included in the supporting water quality
model by assuming no dilution between the storm drain and the wave
wash, the point of compliance. This is a conservative assumption since
studies have shown that there is a high degree of variability in the
amount of dilution between the storm drain and wave wash temporally,
spatially and among indicators, ranging from 100% to 0 %.
Seasonal Variations and
Seasonal variations are addressed by developing separate waste load
Critical Conditions
allocations for three time periods (wet weather, summer dry weather
and winter dry weather) based on public health concerns and observed
natural background levels of exceedance of bacterial indicators. (The
two dry- weather periods are addressed in the Santa Monica Bay
Beaches Dry- Weather Bacteria TMDL.)
The critical condition for this bacteria TMDL is wet weather generally,
when historic shoreline monitoring data for the reference beach indicate
that the single sample bacteria objectives are exceeded on 22% of the
wet- weather days sampled. To more specifically identify a critical
condition within wet weather in order to set the allowable exceedance
days shown in Tables 7-4.5 and 74.6, the 90`h percentile `storm year'6
in terms of wet days is used as the reference year. Selecting the 901h
percentile year avoids a situation where the reference beach is
frequently out of compliance. It is expected that because responsible
jurisdictions and agencies will be planning for this `worst -case'
scenario, there will be fewer exceedance days than the maximum
allowed in drier years. Conversely, in the 10% of wetter years, it is
expected that there may be more than the allowable number of
exceedance days.
Compliance Monitoring
Responsible jurisdictions and agencies as defined in Footnote 2 shall
conduct daily or systematic weekly sampling in the wave wash at all
major drains and creeks or at existing monitoring stations at beaches
without storm drains or freshwater outlets to determine compliance.$ At
all locations, samples shall be taken at ankle depth and on an incoming
wave. At locations where there is a freshwater outlet, during wet
weather, samples should be taken as close as possible to the wave wash,
and no further away than 10 meters down current of the storm drain or
outlet.9 At locations where there is a freshwater outlet, samples shall be
taken when the freshwater outlet is flowing into the surf zone.
If the number of exceedance days is greater than the allowable number
of exceedance days for any jurisdictional group at the interim
implementation milestones the responsible jurisdictions and agencies
6 For purposes of this TMDL, a `storm year' means November I to October 31. The 90`h percentile storm
year was 1993 with 75 wet days at the LAX meteorological station.
Major drains are those that are publicly owned and have measurable flow to the beach during dry
weather.
l s The frequency of sampling (i.e., daily versus weekly) will be at the discretion of the implementing
agencies. However, the number of sample days that may exceed the objectives will be scaled accordingly.
9 Safety considerations during wet weather may preclude taking a sample in the wave wash.
Final — 12/12/02 9
f `}
Attachment A to Resolution No. 2002 -022
Element
Key Findings and Regulatory Provisions
shall be considered out -of- compliance with the TMDL. If the number of
exceedance days exceeds the allowable number of exceedance days for
a target beach at the final implementation deadline, the responsible
jurisdictions and agencies within the contributing subwatershed shall be
considered out -of- compliance with the TMDL. Responsible
jurisdictions or agencies shall not be deemed out of compliance with the
TMDL if the investigation described in the paragraph below
demonstrates that bacterial sources originating within the jurisdiction of
the responsible agency have not caused or contributed to the
exceedance.
If a single sample shows the discharge or contributing area to be out of
compliance, the Regional Board may require, through permit
requirements or the authority contained in Water Code section 13267,
daily sampling in the wave wash or at the existing open shoreline
monitoring location (if it is not already) until all single sample events
meet bacteria water quality objectives. Furthermore, if a beach location
is out -of- compliance as determined in the previous paragraph, the
Regional ' Board shall require responsible agencies to initiate an
investigation, which at a minimum shall include daily sampling in the
wave wash or at the existing open shoreline monitoring location until
all single sample events meet bacteria water quality objectives. If
bacteriological water quality objectives are exceeded in any three weeks
of a four -week period when weekly sampling is performed, or, for areas
where testing is done more than once a week, 75% of testing days
produce an exceedence of bacteria water quality objectives, the
responsible agencies shall conduct a source investigation of the
subwatershed(s) pursuant to protocols established under Water Code
13178. If a beach location without a. freshwater outlet is out -of-
compliance or if the outlet is diverted or being treated, the adjacent
municipality, County agency(s), or State or federal agency(s) shall be
responsible for conducting the investigation and shall submit its
findings to the Regional Board to facilitate the Regional Board
exercising further authority to regulate the source of the exceedance in
conformance with the Porter-Cologne Water Quality Control Act.
Note: The complete staff report for the TMDL is available for review upon request.
Final — 12/12/02
10
J
S i1)
l
Attachment A to Resolution No. 2002 -022
Table 711.5. Final Allowable Wet - Weather Exceedance Days by Beach Location
Beach Monitoring Location
Estimated no. of
wet weather
exceedance days
in critical year
(9e percentile)'
Final allowable
no. of wet
weather
exceedance days
(daily sampling)*
OHS 010 - Leo Carrillo Beach, at 35000 PCH
17
17
OHS 009 - Nicholas Beach- 100 feet west of lifeguard tower
14
14
OHS 010a - Broad Beach
15
15
OHS 008 - Trancas Beach entrance, 50 yards east of Trances
Bridge
19
17
OHS 007 - Westward Beach, east of Zuma Creek
17
17
OHS 006 - Paradise Cove, adjacent to west side of Pier
23
17
OHS 005 - Latigo Canyon Creek entrance
33
17
OHS 005a - Corral State Beach
17
17
OHS 001a - Las Flores Beach
29
17
OHS 001 - Big Rock Beach, at 19900 PCH
30
17
OHS 003 - Malibu Point
18
17
OHS 003a - Surfrider Beach (second point)- weekly
45
17
S1 - Surfrider Beach (breach point)- daily
47
17
OHS 002 - Malibu Pier- 50 yards east
45
17
S2 - Topanga State Beach
26
17
OHS 101 - PCH and Sunset BI.- 400 yards east
25
17
OHS 102 - 16801 Pacific Coast Highway, Bei Air Bay Club (chain
fence)
28
17
S3 - Pulga Canyon storm drain- 50 yards east
23
17
OHS 103 - Will Rogers State Beach- Temescal Canyon (25 yrds.
so. of drain)
31
17
S4 - Santa Monica Canyon, Will Rogers State Beach
25
17
OHS 104a - Santa Monica Beach at San Vicente Bl.
34
17
OHS 104 - Santa Monica at Montana Av. (25 yrds. so, of drain)
31
17
OHS 105 - Santa Monica at Arizona (in front of the drain)
31
17
S5 - Santa Monica Municipal Pier- 50 yards southeast
35
17
S6 - Santa Monica Beach at Pico/Kenter storm drain
42
17
OHS 106 - Santa Monica Beach at Strand St. (in front of the
restrooms)
36
17
OHS 106a - Ashland Av. storm drain - 50 yards north
39
17
S7 - Ashland Av. storm drain- 50 yards south
22
17
OHS 107 - Venice City Beach at Brooks Av. (in front of the drain)
40
17
Final — 12/12/02
11
0158
Attachment A to Resolution No. 2002 -022
Beach Monitoring Location
Estimated no. of
wet weather
exceedance days
In critical year
(90" percentile)'
Final allowable
no. of wet
weather
exceedance days
(daily sampling)'
S8 - Venice City Beach at Windward Av.- 50 yards north
13
13
DHS 108 - Venice Fishing Pier- 50 yards south
17
17
DHS 109 - Venice City Beach at Topsail St.
38
17
S11 - Dockweiler State Beach at Culver BI.
23
17
OHS 110 - Dockweiler Stale Beach- south of DEW jetty
30
17
S12 - Imperial HWY storm drain - 50 yards north
17
17
DHS 111 - Hyperion Treatment Plant One Mile Outfall
18
17
DHS 112 - Dockweiler State Beach at Grand Av. (in front of the
drain)
25
17
S 10 - Ballona Creek entrance- 50 yards south
34
17
S13 - Manhattan State Beach at 40th Street
4
4
S14 - Manhattan Beach Pier - 50 yards south
5
5
DHS 114 - Hermosa City Beach at 26th St.
12
12
S15 - Hermosa Beach Pier- 50 yards south
8
8
DHS 115 - Herondo Street storm drain- (in front of the drain)
19
17
S16 - Redondo Municipal Pier- 50 yards south
14
14
DHS 116 - Redondo State Beach at Topaz St. - north of jetty
19
17
S17 - Redondo State Beach at Avenue 1
6
6
S18 - Malaga Cove, Palos Verdes Estates -daily
3
3
LACSDM - Malaga Cove, Palos Verdes Estates- weekly
14
14
LACSDB - Palos Verdes (Bluff) Cove, Palos Verdes Estates
0
0
LACSDI -Long Point, Rancho Palos Verdes
5
5
IACSD2 - Abalone Cove Shoreline Park
1
1
LACSD3 - Portuguese Bend Cove, Rancho Palos Verdes
2
2
LACSD5 - Royal Palms State Beach
6
6
LACS06 - Wilder Annex, San Pedro
2
2
LACSD7 - Cabrillo Beach, oceanside
3
3
Notes: ` The compliance targets are based on existing shoreline monitoring data and assume
daily sampling. If systematic weekly sampling is conducted, the compliance targets will be
scaled accordingly. These are the compliance targets until additional shoreline monitoring data
are collected prior to revision of the TMDL. Once additional shoreline monitoring data are
available, the following will be re- evaluated when the TMDL is revised 1) estimated number of
wet - weather exceedance days in the critical year at all beach locations, including the reference
system(s) and 2) final allowable wet - weather exceedance days for each beach location.
Final - 12/12/02 12
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Attachment A to Resolution No. 2002 -022
Table 74.7. Santa Monica Bay Beaches Bacteria TMDL (Wet Weather Only): Significant Dates
Date
Action
120 days after the effective date
Pursuant to a request from the Regional Board,
of the TMDL
responsible jurisdictions and responsible agencies must
submit coordinated shoreline monitoring plan(s) to be
approved by the Executive Officer, including a list of new
sites" and/or sites relocated to the wave wash at which
time responsible jurisdictions and responsible agencies
shall select between daily or systematic weekly shoreline
sampling.
20 months after the effective date
Responsible jurisdictions and agencies shall provide a
of the TMDL
draft written report to the Regional Board outlining how
each intends to cooperatively (through Jurisdictional
Groups) achieve compliance with the TMDL. The report
shall include implementation methods, an implementation
schedule, and proposed milestones.
Two years after effective date of
Responsible jurisdictions and agencies shall provide a
TMDL
written report to the Regional Board outlining how each
intends to cooperatively (through Jurisdictional Groups)
achieve compliance with the TMDL. The report shall
include implementation methods, an implementation
schedule, and proposed milestones. Under no
circumstances shall final compliance dates exceed 10
years for non - integrated approaches or 18 years for
integrated water resources approaches. Regional Board
staff shall bring: to the Regional Board the aforementioned
plans as soon as possible for consideration.
4 years after effective date of
The Regional Board shall reconsider the TMDL to:
TMDL
(1) refine allowable wet weather exceedance days based
on additional data on bacterial indicator densities in
the wave wash and an evaluation of site - specific
variability in exceedance levels,
(2) re- evaluate the reference system selected to set
allowable exceedance levels, including a
reconsideration of whether the allowable number of
exceedance days should be adjusted annually
dependent on the rainfall conditions and an evaluation
of natural variability in exceedance levels in the
reference system(s),
(3) re- evaluate the reference year used in the calculation
of allowable exceedance days, and
(4) re- evaluate whether there is a need for further
clarification or revision of the geometric mean
implementation provision.
Final — 12/12/02 16
J
86,
0 15
Attachment A to Resolution No. 2002 -022 v
Date
Action
Significant Dates for Responsible Jurisdictions and Agencies Not Pursuing an Integrated
Water Resources Approach
6 years after effective date of the
Each defined jurisdictional group must achieve a 25%
TMDL
cumulative percentage reduction from the total
exceedance -day reductions required for that jurisdictional
group as identified in Table 7-4.6.
8 years after effective date of the
Each defined jurisdictional group must achieve a 50%
TMDL
cumulative percentage reduction from the total
exceedance -day reductions required for that jurisdictional
group as identified in Table 714.6.
10 years after effective date of the
Final implementation targets in terms of allowable wet -
TMDL
weather exceedance days must be achieved at each
individual beach as identified in Table 7-4.5. In addition,
the geometric mean targets must be achieved for each
individual beach location.
Significant Dates for Responsible Jurisdictions and Agencies Pursuing an Integrated
Water Resources Approach to Implementation
6 years after effective date of the
Each defined jurisdictional group must achieve a 10%
TMDL
cumulative percentage reduction from the total
exceedance -day reductions required for that jurisdictional
group as identified in Table 7-4.6.
10 years after effective date of the
Each defined jurisdictional group must achieve a 25%
TMDL
cumulative percentage reduction from the total
exceedance -day reductions required for that jurisdictional
group as identified in Table 711.6.
15 years after effective date of the
Each defined jurisdictional group must achieve a 50%
TMDL
cumulative percentage reduction from the total
exceedance -day reductions required for that jurisdictional
group as identified in Table 7-4.6.
18 years after effective date of the
Final implementation targets in terms. of allowable wet -
TMDL
weather exceedance days must be achieved at each
individual beach as identified in Table 7-4.5. In addition,
the geometric mean targets must be achieved for each
individual beach location.
Notes: *For those subwatersheds without an existing shoreline monitoring site, responsible jurisdictions and
agencies must establish a shoreline monitoring site if there is measurable flow from a creek or publicly owned storm
drain to the beach during dry weather.
Final — 12/12/02
17
E: i
Attachment B to Resolution No. 2002 -022
Amendment to the Water Quality Control Plan — Los Angeles Region to Revise the Santa Monica
Bay Beaches Dry- Weather Bacteria TMDL
Adopted by the California Regional Water Quality Control Board, Los Angeles Region on December 12,
2002.
Amendments:
Chapter 7. Total Maximum Daily Loads (TMDLs) Summaries
Santa Monica Bay Beaches Bacteria TMDL (Dry Weather Only)*
Table 7 -4.3. Santa Monica Bav Beaches Bacteria TMDL (Dry Weather Onlv): Sienificant Dates
Date
Action
120 days after the effective date
Responsible jurisdictions and responsible agencies must
of the TMDL
submit coordinated shoreline monitoring plan(s),
including a list of new sites or sites relocated to the wave
wash at which time responsible jurisdictions and
responsible agencies will select between daily and weekly
shoreline sampling.
120 days after the effective date
Responsible jurisdictions and responsible agencies must
of the TMDL
identify and provide documentation on 342 potential
discharges to Santa Monica Bay beaches listed in
Appendix C of the TMDL Staff Report dated January 11,
2002. Documentation must include a Report of Waste
Discharge (ROWD) where necessary.
Responsible jurisdictions and responsible agencies must
identify and provide documentation on potential
discharges to the Area of Special Biological Significance
(ASBS) in northern Santa Monica Bay from Latigo Point
to the County line.
Cessation of the discharges into the ASBS shall be
required in conformance with the California Ocean Plan.
-I-4_years after effective date of
Re -open TMDL to re- evaluate allowable winter dry
TMDL
weather exceedance days based on additional data on
bacterial indicator densities in the wave wash, a re-
evaluation of the reference system selected to set
allowable exceedance levels, and a re- evaluation of the
reference year used in the calculation of allowable
exceedance days.
3 years after effective date of the
Achieve compliance with allowable exceedance days as
TMDL
set forth in Table 74.2a and rolling 30 -day geometric
mean targets during summer dry weather (April 1 to
October 31).
6 years after effective date of the
Achieve compliance with allowable exceedance days as
TMDL
set forth in Table 7-4.2a and rolling 30 -day geometric
mean targets during winter dry weather (November 1 to
March 31).
J
Mrs
EL SEGUNDO CITY COUNCIL MEETING DATE: March 17, 2009
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding approval of a full -time Administrative Analyst position
in the Recreation and Parks Department and approval of the examination plan. Fiscal Impact:
$13,000.
RECOMMENDED COUNCIL ACTION:
1. Approve a full -time Administrative Analyst position in the Recreation and Parks Department.
2. Approve the proposed Examination Plan.
3. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
None
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $ N/A
Additional Appropriation: Salary Savings
Account Number(s):
ORIGINATED BY: Bob Cummings, Director of Recreation and Parks
REVIEWED BY: Bill Crow, Assistant City>lgnager
APPROVED BY: Jack Wayt, City
BACKGROUND AND DISCUSSION:
The Recreation and Parks Administrative Analyst is currently a3/4 time position responsible for
processing invoices, coordinating contracts, researching and acquiring grants, providing accounting
reports and preparing the near $7,000,000 budget.
Because the Department's responsibilities have grown, the part-time status no longer allows for the
level of financial management the Department needs. Despite the importance of the Analyst
position, it is the only professional level position in the City that is not full -time. This position is
represented by the Supervisory and Professional Employees Bargaining Unit.
For the past two months, the position has been staffed with a full -time acting Analyst. During that
time the acting Analyst has found several things that have been overlooked the last couple of years
as well as identified significant opportunities to improve processes and maintain reporting
requirements.
The following additional responsibilities are proposed for the new position:
• Grant research, acquisition and utilization — State /Local /Business
• Administer Prop A & C funds: monitor the allocations of funds, provide required Local
Returns and expense reports to the Metropolitan Transportation Authority (MTA) annually, and
continue to do research to acquire more funds.
• Monitor budget related activities (expenses, revenues, Prop A & C funds)
• Audit accounting activities and ensure that the Department is meeting Finance Department's
requirements
• Provide accounting reports and accounting recommendations
• Point of contact from the Department for any financial inquiries
• Monitor the Cash Register Systems and make sure that the revenues are recorded correctly and
tied to the City's Accounting System
A full -time position will allow the time required to provide accurate information for budget
purposes, to increase the possibility of acquiring more grant and Prop A & C funds, to maintain
funds from MTA by staying in compliance with their guidelines, to have general accounting
procedures in place, and to manage and utilize funds more efficiently.
Examination Plan
Administrative Analyst Closed - Promotional
- Structured Technical
and Career Preparation Interview 100%
Approval of exam plans for Merit System job classifications in all City Departments has been
required since the passage of Initiative Ordinance No. 586 in April 1962.
For departments other than Police and Fire, the plan may consist of any one or combination of the
following techniques:
1. Written;
2. Oral;
3. Demonstration; and
4. Any evaluation of education, experience, or skills or physical fitness, which fairly
evaluated the relative capacities of the applicants.
Police and Fire Departments:
The examination plan, for entrance or promotional, for the Police and Fire Departments, shall
consist of a written examination and one or more of the following:
1. Oral;
2. Demonstration; and
3. Any evaluation of education certification, experience, or skills or any test of manual
skills or physical fitness, which fairly evaluates the relative capacities of the applicant.
00
EL SEGUNDO CITY COUNCIL MEETING DATE: March 17, 2009
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding rejection of all bids for construction related to
Group 31 (23 homes) of the City's Residential Sound Insulation Program. (RSI 09 -01).
(Fiscal impact: None)
RECOMMENDED COUNCIL ACTION:
1. Reject all bids received for construction related to Group 31 of the Residential Sound
Insulation Program
2. Authorize staff to re- advertise a Notice Inviting Sealed Bids for construction services; and /or
3. Alternatively discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Page 2 -1 of Section 02 80 00 (Facility Remediation) of the Contract Documents
2. Page 10 of the Bid submitted by G &G Specialty Contractors
3. Pages 9 and 10 of the Bid submitted by Y &M Construction
4. Page 7 -2 of Section 07 30 00 (Roofing Systems) of the Contract Documents
5. Page 10 of the Bid submitted by Professional Building Contractors, Inc.
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $10,570,900
Additional Appropriation: N/A
Account Number(s): 116- 400 - 0000 -8960
ORIGINATED BY: James S. O'Neill, Program Manag
REVIEWED BY: Greg Carpenter, Director Pla i & Building Safety
APPROVED BY: Jack Wayt, City Manager(
AND DISCUSSION:
On March 3, 2009 the City Clerk's office opened sealed bids for Group 31 (RSI 09 -01) of the
City's Residential Sound Insulation (RSI) Program. The results of the bid openings were as
follows:
1. G &G Specialty Contractors, Inc ................. .......................$823,753
2. Y &M Construction ...... ............................... .......................$843,218
3. Professional Building Contractors, Inc ....... .......................$848,749
The Bid from G &G Specialty Contractors, Inc. (G &G) was reviewed by City staff and is non-
responsive for not listing a subcontractor to perform hazardous material abatement. Item 1.1 C
of the Facility Remediation section of the contract documents requires that "All hazardous
material abatement must be performed by a sub - contractor." (see the attached subcontractors list
from the Bid submitted by G &G and the page from the specifications of the contract documents
with the applicable requirement highlighted.) 9
911
The Bid from Y &M Construction was reviewed by City staff and is non - responsive for not
listing required manufacturer information and listing subcontractors.
The Bid from Professional Building Contractors, Inc. (PBC) was reviewed by City staff and is
non - responsive for not listing a subcontractor to perform roofing work required by the contract.
Item 3.1 A of the Roofing Systems section of the contract documents requires that "The work
and materials must be performed by or under the continuous direct supervision of a roofing sub -
Contractor that has a C' )9 Specialty License and at least 2 years of documented experience in the
roofing trade." (see attached subcontractors list from the Bid submitted by PBC and the page
from the specifications of the contract documents with the applicable requirements highlighted."
Staff is recommending that all bids be rejected for the reasons listed above, and authorize staff to
re- advertise the Notice Inviting Sealed Bids. Staff anticipates a delay to the project of
approximately two (2) months, with construction on the first house anticipated to begin on
August 24`" instead of June 29`" and an anticipated completion of the last home on October 215`
instead of August 25` ". Staff predicts new bids would be due by April 16`" and would make a
recommendation to City Council at its regularly scheduled meeting on May 5`"
92
City of El Segundo w14e;
IV I
Residential Sound Insulation Program
SECTION 02 80 00 — FACILITY REMEDIATION
HAZARDOUS MATERIALS - PRACTICES, ABATEMENT, STORAGE, TRANSPORTATION, USE
and TRAINING
PART 1 - GENERAL
1.1 SUMMARY
A. This section applies to the Contractor, all subs and all employees working on the City of
El Segundo RSIP.
B. Definitions
1. ACM — Asbestos Containing Material
2. LBP — Lead Based Paint
3. Contractor — Gener ctnr
All hazardous materials abatement must be performed by a sub - contractor.
1.2 Work must include, but not be limited to:
A. BE SAFE. Maintain a safe working environment for the sake of everyone who may visit
or reside at the work location(s). Be reminded that people will live in their homes during
the Construction Phase. The Contractor must make them aware of possible dangers and
keep them safe.
B. Responsibility for job site safety (as it relates to Homeowners, employees of the
Contractor, Contractor's sub - Contractors, The Design Supervisor and their employees,
the City of El Segundo and their employees, and the General Public) is solely the
responsibility of the Contractor.
I. All work must be done in coordination with the Contractor.
2. The Contractor must ensure that all people at the job -site are aware of:
a. Any dangerous or hazardous substances at the job -site (which include but
are not limited to: the presence and use of solvents and other HAZMAT,
ACM disruption, LBP disruption, Fiberglass Insulation disruption,
Ambient Dust, and the presence of Fungal Molds if discovered).
b. Any dangerous activities at the job -site (which include but are not
limited to: Abatement activities and the presence and use of edged tools).
3. It is the Contractor's responsibility to protect employees of the Contractor,
Contractor's sub- Contractors, The Design Supervisor and their employees, the
City of El Segundo and their employees, and the General Public from injury
related to any portion of the Work.
C. The Contractor must coordinate all work with all affected trades, and is responsible for
all aspects of safety for all trades /sub - Contractors.
D. The Contractor is responsible for all hazardous materials — practices, abatement, storage,
transportation and use. Coordinate the use of hazardous materials (those known to be
on -site, those discovered on site and those brought on -site by the Contractor or sub -
Contractor), and communicate the dangers of such HAZMAT to all affected people as
required.
E. The Contractor is responsible for all training. Provide supervisor, sub - contractor and
employee training as required.
F. Provide a complete submittal in accordance with item 1.5 of this section. This Submittal
must be submitted by the Contractor and must apply to the Contractor, all subs and all
employees working at the City of El Segundo RSIP.
Facility Remediation
1 :1 11
2 -1 Last Modified: December 2, 2008
03/03/2009 10 :41 4809213506
G & G SPECIALTY CONT
PAGE 08/08
Bidder's Proposal and Su*m mt 10 City of El SepvWo
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142 Sheldon Street
$4,600.00
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Bidder's Proposal and Statement
Group 31
City of El Segundo
Residential Sound Insulation Program
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Work Activi
Name of
Subcontractor
Address & City of
Subcontractor's
Business Location
License
Number
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Total &
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Bidder's Proposal and Statement
Group 31
10 City of El Segundo
Residential Sound Insulation Program
;j F
City of El Segundo %14e
Residential Sound Insulation Program
E. The color and style must match existing but the design documents can, at the
Homeowner's request, require a roofing color that does not match the existing.
F. Tile Roofing System: The new roofing must be machine - formed from natural
material clays and kiln -fired to various degrees to obtain the required strength.
The color and style must match existing but the design documents can, at the
Homeowner's request, require a roofing color that does not match the
existing.
G. Flashing: New galvanized steel flashing must be provided at:
1. Roofing edges and intersections as recommended by the roofing
system manufacturer or standard trade practices, whichever is more
stringent.
2. All roof penetrations for Electrical Risers, Exterior Duct Penetrations,
Outside Air make -up ducts, exhaust fan ducts, Kitchen vents, and all
other new or modified roof penetrations.
3. All contact points (platform to roof) where roof platforms are installed
or modified for HVAC Work.
4. Around roof Platforms to divert water.
5. All penetrations including chimney in the case of secondary roof
installations.
2.2 DESIGN
A. When a secondary roof is called out in the plans, and regardless of proposed
roof designs included in the plans and specifications, the Contractor must
assume the contractual requirements of design -build
B. The Contractor must as part of the bid, employ a structural engineer to
complete design of the roof (based on the proposed roof design included in the
plans and specifications), details as required by local ordinance, and to
complete the permit process.
1. Permit fees and engineering fees are the responsibility of the
Contractor.
C. The Contractor must submit to the City, for review, the engineered drawings
for the secondary roof within 100 days of notice to proceed.
D. The Contractor will make adjustments to the engineered drawings as
necessary based on the City's criteria for Acoustic Treatments.
E. The Contractor must ensure that the permit process is complete prior to the
scheduled opening of the dwelling to receive a secondary roof.
PART 3 — EXECUTION
3.1
A. The work and materials must be performed by or under the continuous direct
supervision of a roofing sub - Contractor that has a C39 Specialty License and
at least 2 ears of documented ex erience in the roofin
B. Work must be in accordance with approved submittals, manufacturers'
instructions and the current California Building Code and must provide a
Roofing Systems 07 30 00
7 -2 Last Modified: December 2, 2008
i
Bidder's Proposal and Statement
Group 31
10 City of El Segundo
Residential Sound Insulation Program
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EL SEGUNDO CITY COUNCIL MEETING DATE: March 17, 2009
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding Adoption of Plans and Specifications for
rehabilitation of Mariposa Avenue from Sepulveda Boulevard to Nash Street and Main
Street from Mariposa Avenue to Imperial Highway.
Project No.: PW 09 -01
(Fiscal Impact: $516,000)
RECOMMENDED COUNCIL ACTION:
1. Adopt Plans and Specifications.
2. Authorize staff to advertise the project for receipt of construction bids.
3. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Location Map
FISCAL IMPACT: Included in Adopted Budget
Amount Requested: $516,000.00
Additional Appropriation: No
Account Number(s):
ORIGINATED BY: Maryam M. Jonas, Principal Civil Engineer
REVIEWED BY: Dana Greenwood, Public orks Director
APPROVED BY: Jack Wayt, City Manag4 h
BACKGROUND AND DISCUSSION:
On February 16, 2009, President Obama signed the American Recovery and Reinvestment Act
(ARRA) which provides $789 billion in spending and tax cuts to stimulate the economy. The
City of El Segundo has an estimated allocation of $516,000 of the Regional Surface
Transportation Program (RSTP) funds that will be made available through ARRA. Mariposa
Avenue has become the highest priority for rehabilitation under the program for the City of El
Segundo; Main Street from Mariposa Avenue to Imperial Highway was ranked third. Other
"shovel ready" projects being considered are rehabilitation of Aviation Boulevard from El
Segundo Boulevard to Imperial Highway which is included in the multi jurisdiction projects
receiving funding through the Los Angeles County Department of Public Works. A Seventy
Five (75) day deadline (Monday, May 18, 2009) has been established by Los Angeles County
Metropolitan Transportation Authority (MTA) to ensure that 100% of the Surface Transportation
Program (STP) funding provided to Los Angeles County is administered and obligated in a
timely manner.
10
99
Mariposa Avenue from Sepulveda Boulevard to Nash Street was last rehabilitated in 1985 and
Main Street from Mariposa Avenue to Imperial Highway in 1973. Heavy traffic volumes
experienced on these critical arterial streets have caused significant deterioration. It is
recommended that these roadway segments be rehabilitated through pavement milling and
asphalt concrete overlay. This treatment would improve the ride and appearance of the streets
and would reduce maintenance efforts which have increased in recent years as the pavement has
deteriorated.
Staff has prepared plans and specifications and is preparing the necessary documentation to
submit to Caltrans for review, approval, receive the "request to Proceed with Construction
Package" and to ensure the allocation of ARRA funds by receiving an E -76 approval number by
Monday May 18, 2009.
160
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EL SEGUNDO CITY COUNCIL MEETING DATE: March 17, 2009
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to utilize cooperative purchasing with National Joint
Powers Alliance (NJPA) contract # 011707 to purchase modular ergonomic furniture and
storage from Tangram Interiors for the Human Resources Department and relocated
employee break room. — Approved Capital Improvement Program. (Fiscal Impact:
$46,750.00)
RECOMMENDED COUNCIL ACTION:
Recommendation - (1) Pursuant to SSMC § 1 -7 -11, utilize cooperative purchasing and
authorize staff to use National Joint Powers Alliance (NJPA) Contract # 011707 to
purchase furniture with Steelcase (manufacturer) and issue purchase orders to the
authorized distributor /installers Tangram Interiors, in the amount of $42,500 plus a 10%
contingency for unanticipated expenses; (2) Alternatively discuss and take other action
related to this item.
ATTACHED SUPPORTING DOCUMENTS:
None
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $130,000.00
Additional Appropriation: N/A
Account Number(s): 301- 400 - 8201 -8475 (City Hall Improvements)
ORIGINATED BY: J. Richard Hogate, Purchasing Agent
REVIEWED BY: Deborah Cullen, Director of i ance
APPROVED BY: Jack Wayt, City Manager
BACKGROUND AND DISCUSSION:
In mid -2000, a Council sub - committee was formed that included a Council Member, the City
Manager and two department heads working with Chelsea Design Group, to establish design and
color standards for future City Hall improvements. Office furniture finishes were among the
areas established. The office furniture colors and patterns selected by the sub- committee and
approved by the City Council are manufactured by Steelcase and has been the standard
replacement furniture throughout City Hall since creation of the standard in FY 2000 -2001.
Currently, a minor City Hall renovation is in underway as part of the City's approved Capital
Improvement Program budget. A portion of this project includes the need to procure modular
ergonomic office furniture for (2) front office workstations and (2) private office furnishings.
Additionally, a new employee break room has been constructed downstairs by City staff in the
i'-
West Garden area. These areas all will require furniture to accommodate there functional uses.
The furniture installation in these areas will be performed once office modifications have been
completed by H.P. Builders, Inc.
To complete these City Hall improvements, staff recommends approval of use of the NJPA
contract and issuance of purchase orders to Tangram Interiors in the amount of $42,500 plus a
10% contingency for unanticipated expenses.
10 11
EL SEGUNDO CITY COUNCIL MEETING DATE: March 17, 2009
AGENDA STATEMENT AGENDA HEADING: Council Member Fisher
AGENDA DESCRIPTION:
Consideration and possible action to direct staff to prepare an analysis
and recommendation for a Mills Act Property Tax Abatement Program for
the City of El Segundo. (Fiscal Impact: none)
RECOMMENDED COUNCIL ACTION:
1. Direct staff to prepare an analysis and recommendation for a Mills Act
Property Tax Abatement Program;
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Technical Assistance Bulletin: Mills Act Property Tax Abatement
Program, California Office of Historic Preservation, Department of Parks
and Recreation
FISCAL IMPACT: none for initial analysis, possible impact will be addressed in
analysis.
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Bill Fisher, Council Member q�
REVIEWED BY: Greg Carpenter, Director of Planning and Building Safety -4
APPROVED BY: Jack Wayt, City Ma
Background and Discussion:
The Mills Act was adopted by the State of California in 1972 as an incentive
program for owner's of designated historic structures to maintain and rehabilitate
their properties (see the attached Technical Assistance Bulletin for additional
information). The act enables cities to enter into contracts whereby a portion of
an owner's property tax obligation is relieved in exchange for an agreement to
make specific improvements to the property.
Historic Designation
In order to qualify, the property must be designated at the local, state or federal
level as a landmark structure. The El Segundo Municipal Code, Chapter 15 -14
(Historic Preservation) provides procedures for properties to be designated as
local landmarks. This section provides the Planning Commission and City
12
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104
Council the following criteria to consider when determining whether to declare a
building a cultural resource:
1. The building must be at least fifty (50) years old; and
2. The building is associated with persons or events significant in local,
state or national history; or
3. The building reflects or exemplifies a particular period of national, state,
or local history; or
4. The building embodies the distinctive characteristics of a type, style,
period of architecture, or method of construction.
Once designated, the property owner is responsible for maintaining the property
in good repair. Alterations to the exterior of the building are only permitted if they
are found by the Planning Commission to be historically appropriate. Finally,
once designated, a historic resource may only be demolished for reasons
specified in the Municipal code such as:
The building is unsafe; or
The property in question is needed for a public purpose; or
It is infeasible to preserve the building or the property owner is
being denied the beneficial use of the property through the
preservation of the building.
The only building in the city currently designated as a cultural resource is the
Urho Saari Swim Stadium.
The State of California also maintains a list of California Historic Landmarks. The
State Historic Resources Commission considers applications for designation
based on criteria that are similar to those used in the El Segundo Municipal
Code. The application process to the state is more extensive than that required
for local designation with additional documentation required and a focus on
properties with state -wide significance or relevance to the history of California.
Finally, there is landmark designation at the federal level through the National
Register of Historic Places. This program is administered by the National Parks
Service who take applications for nomination by the various state offices of
historic preservation or SHPO's.
One important aspect to consider about any of these levels of designation is that
once a property is designated, it becomes a historic resource according to the
California Environmental Quality Act (CEQA). The importance of this is that
significant alterations to designated properties may necessitate an environmental
review process and demolitions typically require the preparation of an
environmental impact report or EIR.
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Mills Act Considerations
In those communities that make it available, the Mill's Act is one of the few
tangible benefits cities provide to persons owning historic properties. In these
cities, staff typically takes on the role of preparing the individual contracts and
verifying that the property owner fulfills their role in making the agreed upon
property improvements. There is a financial impact to the City through the loss of
a portion of the property tax to the City for the term of the contract (typically ten
years).
Should the City Council direct request further research and recommendations,
staff will gather sample documents, determine best practices and prepare sample
documents in conjunction with the City Attorney.
P: \Planning & Building Safety \MARY\GREG CARPENTER\2009 STAFF REPORTS \Mills Tax Property Tax Abatement ,,
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This publication has been financed in part with Federal funds from the National
Park Service, Department of the Interior, under the National Historic Preservation
Act of 1966, as amended, and administered by the California Office of Historic
Preservation. The contents and opinions do not necessarily reflect the views or
policies of the Department of the Interior, nor does the mention of trade names or
commercial products constitute endorsement or recommendation by the
Department of the Interior. Under Title VI of the Civil Rights Act of 1964 and
Section 504 of the Rehabilitation Act of 1973, the U.S. Department of the Interior
strictly prohibits unlawful discrimination on the basis of race, color, national
origin, age, or handicap in its federally- assisted programs. If you believe you
have been discriminated against in any program, activity, or facility as described
above, or if you desire further information, please write to Office for Equal
Opportunity, U.S. Department of the Interior, National Park Service, Box 37127,
Washington DC 20013 -7127.
M_
108
Table of Contents
Mills Act Property Tax Abatement Program ...................................... ..............................1
Purpose of the Mills Act Program .................................................. ..............................1
Benefits to Local Governments ...................................................... ..............................1
Benefitsto Owners ........................................................................ ..............................1
Qualified Historic Property ............................................................ ............................... 2
OHP's Role .................................................................................... ..............................2
For Additional Information ............................................................. ............................... 2
California State Codes Relating to Mills Act Program ...................... ............................... 3
California Government Code, Article 12, Sections 50280 - 50290 ............................... 3
California Revenue and Taxation Code, Article 1.9, Sections 439 — 439.4 .................. 6
109
Mills Act Property Tax Abatement Program
Purpose of the Mills Act Program
Economic incentives foster the preservation of residential neighborhoods and the
revitalization of downtown commercial districts. The Mills Act is the single most
important economic incentive program in California for the restoration and preservation
of qualified historic buildings by private property owners.
Enacted in 1972, the Mills Act legislation grants participating local governments (cities
and counties) authority to enter into contracts with owners of qualified historic properties
who actively participate in the restoration and maintenance of their historic properties
while receiving property tax relief.
Benefits to Local Governments
The Mills Act allows local governments to design preservation programs to
accommodate specific community needs and priorities for rehabilitating entire
neighborhoods, encouraging seismic safety programs, contributing to affordable
housing, promoting heritage tourism, or fostering pride of ownership. Local governments
have adopted the Mills Act because they recognize the economic benefits of conserving
resources and reinvestment as well as the important role historic preservation can play
in revitalizing older areas, creating cultural tourism, building civic pride, and retaining the
sense of place and continuity with the community's past.
A formal agreement, generally known as a Mills Act or Historical Property Contract, is
executed between the local government and the property owner for a minimum ten -year
term. Contracts are automatically renewed each year and are transferred to new owners
when the property is sold. Property owners agree to restore, maintain, and protect the
property in accordance with specific historic preservation standards and conditions
identified in the contract. Periodic inspections by city or county officials ensure proper
maintenance of the property. Local authorities may impose penalties for breach of
contract or failure to protect the historic property. The contract is binding to all owners
during the contract period.
Benefits to Owners
Owners of historic buildings may qualify for property tax relief if they pledge to
rehabilitate and maintain the historical and architectural character of their properties for
at least a ten -year period. The Mills Act program is especially beneficial for recent
buyers of historic properties and for current owners of historic buildings who have made
major improvements to their properties.
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111 0
Mills Act participants may realize substantial property tax savings of between 40% and
60% each year for newly improved or purchased older properties because valuations of
Mills Act properties are determined by the Income Approach to Value rather than by the
standard Market Approach to Value. The income approach, divided by a capitalization
rate, determines the assessed value of the property. In general, the income of an
owner- occupied property is based on comparable rents for similar properties in the
area, while the income amount on a commercial property is based on actual rent
received. Because rental values vary from area to area, actual property savings vary
from county to county. In addition, as County Assessors are required to assess all
properties annually, Mills Act properties may realize slight increases in property taxes
each year.
Qualified Historic Property
A qualified historic property is a property listed on any federal, state, county, or city
register, including the National Register of Historic Places, California Register of
Historical Resources, California Historical Landmarks, State Points of Historical Interest,
and locally designated landmarks. Owner - occupied family residences and income -
producing commercial properties may qualify for the Mills Act program.
OHP's Role
OHP provides technical assistance and guidance to local governments and property
owners. OHP maintains a current list of communities participating in the Mills Act
program and copies of Mills Act ordinances, resolutions, and contracts that have been
adopted. OHP does not participate in the negations of the agreement and is not a
signatory to the contract.
For Additional Information
Contact the planning department of the city or county within which the historic property
is located.
California's four largest cities (Los Angeles, San Diego, San Francisco, and San Jose)
as well as more than 75 other city and county governments have instituted Mills Act
programs. A list of communities participating in the Mills Act Program is available online
at http:// www .ohP.parks.ca.nov /defauit.asp ?pane id =21412 .
For additional information on the Mills Act, please contact Maryln Lortie in the Office of
Historic Preservation, PO Box 942896, Sacramento CA 94296 -0001, (916) 653 -8911,
mlort a)-ohp.Parks.ca.gov.
Mills Act Property Tax Abatement Program
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11. a
California State Codes Relating to Mills Act Program
California Government Code, Article 12, Sections 50280 - 50290
50280. Restriction of property use.
Upon the application of an owner or the agent of an owner of any qualified historical
property, as defined in Section 50280.1, the legislative body of a city, county, or city and
county may contract with the owner or agent to restrict the use of the property in a
manner which the legislative body deems reasonable to carry out the purposes of this
article and of Article 1.9 (commencing with Section 439) of Chapter 3 of Part 2 of
Division 1 of the Revenue and Taxation Code. The contract shall meet the
requirements of Sections 50281 and 50282.
50280.1. Qualified historic property.
"Qualified historical property" for purposes of this article, means privately owned
property which is not exempt from property taxation and which meets either of the
following:
(a) Listed in the National Register of Historic Places or located in a registered historic
district, as defined in Section 1.191 -2(b) of Title 26 of the Code of Federal Regulations.
(b) Listed in any state, city, county, or city and county official register of historical or
architecturally significant sites, places, or landmarks.
50281. Required contract provision.
Any contract entered into under this article shall contain the following provisions:
(a) The term of the contract shall be for a minimum period of 10 years.
(b) Where applicable, the contract shall provide the following:
(1) For the preservation of the qualified historical property and, when necessary, to
restore and rehabilitate the property to conform to the rules and regulations of the Office
of Historic Preservation of the Department of Parks and Recreation, the United States
Secretary of the Interior's Standards for Rehabilitation, and the State Historical Building
Code.
(2) For the periodic examinations of the interior and exterior of the premises by the
assessor, the Department of Parks and Recreation, and the State Board of Equalization
as may be necessary to determine the owner's compliance with the contract.
(3) For it to be binding upon, and inure to the benefit of, all successors in interest of
the owner. A successor in interest shall have the same rights and obligations under the
contract as the original owner who entered into the contract.
(c) The owner or agent of an owner shall provide written notice of the contract to the
Office of Historic Preservation within six months of entering into the contract.
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50281.1. Fees.
The legislative body entering into a contract described in this article may require that the
property owner, as a condition to entering into the contract, pay a fee not to exceed the
reasonable cost of administering this program.
50282. Renewal.
(a) Each contract shall provide that on the anniversary date of the contract or such
other annual date as is specified in the contract, a year shall be added automatically to
the initial term of the contract unless notice of nonrenewal is given as provided in this
section. If the property owner or the legislative body desires in any year not to renew
the contract, that party shall serve written notice of nonrenewal of the contract on the
other party in advance of the annual renewal date of the contract. Unless the notice is
served by the owner at least 90 days prior to the renewal date or by the legislative body
at least 60 days prior to the renewal date, one year shall automatically be added to the
term of the contract.
(b) Upon receipt by the owner of a notice from the legislative body of nonrenewal, the
owner may make a written protest of the notice of nonrenewal. The legislative body
may, at any time prior to the renewal date, withdraw the notice of nonrenewal.
(c) If the legislative body or the owner serves notice of intent in any year not to renew
the contract, the existing contract shall remain in effect for the balance of the period
remaining since the original execution or the last renewal of the contract, as the case
may be.
(d) The owner shall furnish the legislative body with any information the legislative
body shall require in order to enable it to determine the eligibility of the property
involved.
(e) No later than 20 days after a city or county enters into a contract with an owner
pursuant to this article, the clerk of the legislative body shall record with the county
recorder a copy of the contract, which shall describe the property subject thereto. From
and after the time of the recordation, this contract shall impart a notice thereof to all
persons as is afforded by the recording laws of this state.
50284. Cancellation.
The legislative body may cancel a contract if it determines that the owner has breached
any of the conditions of the contract provided for in this article or has allowed the
property to deteriorate to the point that it no longer meets the standards for a qualified
historical property. The legislative body may also cancel a contract if it determines that
the owner has failed to restore or rehabilitate the property in the manner specified in the
contract.
50285. Consultation with state commission.
No contract shall be canceled under Section 50284 until after the legislative body has
given notice of, and has held, a public hearing on the matter. Notice of the hearing shall
be mailed to the last known address of each owner of property within the historic zone
and shall be published pursuant to Section 6061.
50286. Cancellation.
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1.11
(a) If a contract is canceled under Section 50284, the owner shall pay a cancellation
fee equal to 121/2 percent of the current fair market value of the property, as
determined by the county assessor as though the property were free of the contractual
restriction.
(b) The cancellation fee shall be paid to the county auditor, at the time and in the
manner that the county auditor shall prescribe, and shall be allocated by the county
auditor to each jurisdiction in the tax rate area in which the property is located in the
same manner as the auditor allocates the annual tax increment in that tax rate area in
that fiscal year.
(c) Notwithstanding any other provision of law, revenue received by a school district
pursuant to this section shall be considered property tax revenue for the purposes of
Section 42238 of the Education Code, and revenue received by a county
superintendent of schools pursuant to this section shall be considered property tax
revenue for the purposes of Article 3 (commencing with Section 2550) of Chapter 12 of
Part 2 of Division 1 of Title 1 of the Education Code.
50287. Action to enforce contract.
As an alternative to cancellation of the contract for breach of any condition, the county,
city, or any landowner may bring any action in court necessary to enforce a contract
including, but not limited to, an action to enforce the contract by specific performance or
injunction.
50288. Eminent domain.
In the event that property subject to contract under this article is acquired in whole or in
part by eminent domain or other acquisition by any entity authorized to exercise the
power of eminent domain, and the acquisition is determined by the legislative body to
frustrate the purpose of the contract, such contract shall be canceled and no fee shall
be imposed under Section 50286. Such contract shall be deemed null and void for all
purposes of determining the value of the property so acquired.
50289. Annexation by city.
In the event that property restricted by a contract with a county under this article is
annexed to a city, the city shall succeed to all rights, duties, and powers of the county
under such contract.
50290. Consultation with state commission.
Local agencies and owners of qualified historical properties may consult with the State
Historical Resources Commission for its advice and counsel on matters relevant to
historical property contracts.
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California Revenue and Taxation Code, Article 1.9, Sections 439 — 439.4
439. Historical Property Restrictions; enforceably restricted property.
For the purposes of this article and within the meaning of Section 8 of Article XIII of the
Constitution, property is "enforceably restricted" if it is subject to an historical property
contract executed pursuant to Article 12 (commencing with Section 50280) of Chapter 1
of Part 1 of Division 1 of Title 5 of the Government Code.
439.1. Historical Property; definitions.
For purposes of this article "restricted historical property" means qualified historical
property, as defined in Section 50280.1 of the Government Code, that is subject to a
historical property contract executed pursuant to Article 12 (commencing with Section
50280) of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code. For
purposes of this section, "qualified historical property" includes qualified historical
improvements and any land on which the qualified historical improvements are situated,
as specified in the historical property contract. If the historical property contract does
not specify the land that is to be included, "qualified historical property" includes only
that area of reasonable size that is used as a site for the historical improvements.
439.2. Historical Property; valuation.
When valuing enforceably restricted historical property, the county assessor shall not
consider sales data on similar property, whether or not enforceably restricted, and shall
value that restricted historical property by the capitalization of income method in the
following manner:
(a) The annual income to be capitalized shall be determined as follows:
(1) Where sufficient rental information is available, the income shall be the fair rent
that can be imputed to the restricted historical property being valued based upon rent
actually received for the property by the owner and upon typical rentals received in the
area for similar property in similar use where the owner pays the property tax. When
the restricted historical property being valued is actually encumbered by a lease, any
cash rent or its equivalent considered in determining the fair rent of the property shall be
the amount for which the property would be expected to rent were the rental payment to
be renegotiated in the light of current conditions, including applicable provisions under
which the property is enforceably restricted.
(2) Where sufficient rental information is not available, the income shall be that which
the restricted historical property being valued reasonably can be expected to yield under
prudent management and subject to applicable provisions under which the property is
enforceably restricted.
(3) If the parties to an instrument that enforceably restricts the property stipulate
therein an amount that constitutes the minimum annual income to be capitalized, then
the income to be capitalized shall not be less than the amount so stipulated. For
purposes of this section, income shall be determined in accordance with rules and
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regulations issued by the board and with this section and shall be the difference
between revenue and expenditures. Revenue shall be the amount of money or money's
worth, including any cash rent or its equivalent, that the property can be expected to
yield to an owner - operator annually on the average from any use of the property
permitted under the terms by which the property is enforceably restricted. Expenditures
shall be any outlay or average annual allocation of money or money's worth that can be
fairly charged against the revenue expected to be received during the period used in
computing the revenue. Those expenditures to be charged against revenue shall be
only those which are ordinary and necessary in the production and maintenance of the
revenue for that period. Expenditures shall not include depletion charges, debt
retirement, interest on funds invested in the property, property taxes, corporation
income taxes, or corporation franchise taxes based on income.
(b) The capitalization rate to be used in valuing owner - occupied single family
dwellings pursuant to this article shall not be derived from sales data and shall be the
sum of the following components:
(1) An interest component to be determined by the board and announced no later than
September 1 of the year preceding the assessment year and that was the yield rate
equal to the effective rate on conventional mortgages as determined by the Federal
Housing Finance Board, rounded to the nearest 1/4 percent.
(2) A historical property risk component of 4 percent.
(3) A component for property taxes that shall be a percentage equal to the estimated
total tax rate applicable to the property for the assessment year times the assessment
ratio.
(4) A component for amortization of the improvements that shall be a percentage
equivalent to the reciprocal of the remaining life.
(c) The capitalization rate to be used in valuing all other restricted historical property
pursuant to this article shall not be derived from sales data and shall be the sum of the
following components:
(1) An interest component to be determined by the board and announced no later than
September 1 of the year preceding the assessment year and that was the yield rate
equal to the effective rate on conventional mortgages as determined by the Federal
Housing Finance Board, rounded to the nearest 1/4 percent.
(2) A historical property risk component of 2 percent.
(3) A component for property taxes that shall be a percentage equal to the estimated
total tax rate applicable to the property for the assessment year times the assessment
ratio.
(4) A component for amortization of the improvements that shall be a percentage
equivalent to the reciprocal of the remaining life.
(d) Unless a party to an instrument that creates an enforceable restriction expressly
prohibits the valuation, the valuation resulting from the capitalization of income method
described in this section shall not exceed the lesser of either the valuation that would
have resulted by calculation under Section 110, or the valuation that would have
resulted by calculation under Section 110. 1, as though the property was not subject to
an enforceable restriction in the base year.
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(e) The value of the restricted historical property shall be the quotient of the income
determined as provided in subdivision (a) divided by the capitalization rate determined
as provided in subdivision (b) or (c).
(f) The ratio prescribed in Section 401 shall be applied to the value of the property
determined in subdivision (d) to obtain its assessed value.
439.3. Historical Property; notice of nonrenewal.
Notwithstanding any provision of Section 439.2 to the contrary, if either the county or
city or the owner of restricted historical property subject to contract has served notice of
nonrenewal as provided in Section 50282 of the Government Code, the county
assessor shall value that restricted historical property as provided in this section.
(a) Following the hearing conducted pursuant to Section 50285 of the Government
Code, subdivision (b) shall apply until the termination of the period for which the
restricted historical property is enforceably restricted.
(b) The board or assessor in each year until the termination of the period for which the
property is enforceably restricted shall do all of the following:
(1) Determine the full cash value of the property pursuant to Section 110.1. If the
property is not subject to Section 110.1 when the restriction expires, the value shall be
determined pursuant to Section 110 as if the property were free of contractual
restriction. If the property will be subject to a use for which this chapter provides a
special restricted assessment, the value of the property shall be determined as if it were
subject to the new restriction.
(2) Determine the value of the property by the capitalization of income method as
provided in Section 439.2 and without regard to the fact that a notice of nonrenewal or
cancellation has occurred.
(3) Subtract the value determined in paragraph (2) of this subdivision by capitalization
of income from the full cash value determined in paragraph (1).
(4) Using the rate announced by the board pursuant to paragraph (1) of subdivision
(b) of Section 439.2, discount the amount obtained in paragraph (3) for the number of
years remaining until the termination of the period for which the property is enforceably
restricted.
(5) Determine the value of the property by adding the value determined by the
capitalization of income method as provided in paragraph (2) and the value obtained in
paragraph (4).
(6) Apply the ratios prescribed in Section 401 to the value of the property determined
in paragraph (5) to obtain its assessed value.
439.4. Historical Property; recordation.
No property shall be valued pursuant to this article unless an enforceable restriction
meeting the requirements of Section 439 is signed, accepted and recorded on or before
the lien date for the fiscal year in which the valuation would apply.
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EL SEGUNDO CITY COUNCIL MEETING DATE: March 17, 2009
AGENDA STATEMENT AGENDA HEADING: Council Member Bill Fisher
AGENDA DESCRIPTION:
Consideration and possible action regarding a feasibility study to identify changes needed
for developing a leaseable restaurant facility at The Lakes Golf Course. (Fiscal Impact:
Not To Exceed $30,000.00)
RECOMMENDED COUNCIL ACTION:
1. Direct staff to study the feasibility and identify changes needed for the development of
a leaseable restaurant facility at The Lakes Golf Course.
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
None
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $
Additional Appropriation: Yes Not To Exceed $30,000
Account Number(s):
ORIGINATED BY: Bill Fisher, Council Member
REVIEWED BY:
APPROVED BY: Jack Wayt, City Manage
BACKGROUND AND DISCUSSION:
The current Lakes Golf Course restaurant consists of a small kitchen, food storage and
preparation area, a walk up bar and small dining area. The menu is limited and the decor is
minimal and dated. The restaurant primarily provides golfers with a quick meal or snack with
relatively few customers utilizing the facility as a destination restaurant.
The Lakes Golf Course restaurant has not generated a significant profit since it opened in 1994.
Last year it operated at a loss of $44,140 and this FYTD it has lost $18,319.
The Golf Course Subcommittee has gone through a process of speaking with restaurant owners
and caterers and has recommended pursuing a Request For Proposal to restaurateurs to lease /rent
the facility. In order to move to an RFP process a feasibility study is needed to identify changes
needed for the development of a leaseable restaurant facility at The Lakes Golf Course. Doing
the feasibility study would identify necessary improvements that would be required for a
restaurateur to be able to operate the facility and provide a monthly lease payment amount to the
city.
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