Legislation Details

File #: HIST-14198    Version: 1 Subject:
Type: Historical Status: Consent Agenda
In control: City Council Meeting Agenda
On agenda: 6/14/2010 Final action: 6/14/2010
Title: Approval of Four Memoranda of Agreement with the City of Los Angeles for Administration and Cost Sharing of the Ballona Creek Coordinated Monitoring Plans; and Approval of One Memorandum of Agreement with the County of Los Angeles for Administration and Cost Sharing of the Marina del Rey Harbor Coordinated Monitoring Plan.
Attachments: 1. Approval of Four Memoranda of Agreement with the - C-5__10-06-14__PW-EPO__CITY COUNCIL__Execute TMDL MOAs with City and County of Los Angeles - FINAL.doc, 2. Approval of Four Memoranda of Agreement with the - 10-06-14__PW-EPO__Execute TMDL MOAs with City and County of Los Angeles__Attachments with cover.pdf
City of Culver City, California Agenda Item Report Meeting Date: June 14, 2010 Item Number: C-5 CITY COUNCIL AGENDA ITEM: Approval of Four Memoranda of Agreement with the City of Los Angeles for Administration and Cost Sharing of the Ballona Creek Coordinated Monitoring Plans; and Approval of One Memorandum of Agreement with the County of Los Angeles for Administration and Cost Sharing of the Marina del Rey Harbor Coordinated Monitoring Plan. Contact Person/Dept.: Kaden Young Phone Number: (310) 253-6445 Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No [] Public Hearing: [] Action Item: [X] Attachments: [X] Commission Action Required: Yes [] No [X] Date: _______________ Public Notification : Meetings and Agendas – City Council (06/09/10) Department Approval: Charles D. Herbertson (06/03/10) City Attorney Approval: Carol Schwab (by H. Baker) (06/09/10) Chief Financial Officer Approval: Jeff Muir (by N. Kimball) (06/09/10) City Manager Approval: P. Lamont Ewell (06/10/10) RECOMMENDATION: Staff recommends the City Council approve four Memoranda of Agreement with the City of Los Angeles for administration and cost sharing of the Ballona Creek Coordinated Monitoring Plans and approve one Memorandum of Agreement with the County of Los Angeles for administration and cost sharing of the Marina del Rey Harbor Coordinated Monitoring Plan. BACKGROUND: The Federal Clean Water Act (CWA) requires the California Regional Water Quality Control Board, Los Angeles Region (Board), to develop water quality standards that identify beneficial uses and criteria to protect beneficial uses for each water body within its region. Beneficial uses include swimming, fishing, navigability, and wildlife habitats and reproduction. The Board carries out its CWA responsibilities through the State’s Porter-Cologne Water Quality Control Act and establishes water quality objectives designed to protect beneficial uses in the Water Quality Control Plan (Basin Plan). Section 303(d) of the CWA requires states to prepare a list of water bodies that do not meet water quality standards and establish for each of these water bodies waste load allocations known as Total Maximum Daily Loads (TMDLs) which will ensure attainment of water quality standards. Both Ballona Creek and Marina del Rey Harbor are on the 303(d) list. City of Culver City, California Agenda Item Report TMDLs establish a maximum limit for specific pollutants that can be discharged into a water body without causing it to become impaired. TMDLs are enforced through discharge permits issued to the County (Los Angeles Municipal Stormwater National Pollutant Discharge Elimination System Permit), to which the City is co-permittee. Violation of these permits can result in exposing the City to both civil and criminal liabilities. Culver City is accountable for 2% of the Marina del Rey Harbor (MdRH) watershed and 4% of the Ballona Creek (BC) watershed. The City is subjected to the following TMDLs and their effective dates: Marina del Rey Back Basins & Mother’s Beach 1) Bacteria TMDL: 03/18/2004 2) Toxic Pollutants TMDL: 03/22/2006 Ballona Creek 1) Metals TMDL: 01/11/2006 2) Toxic Pollutants TMDL: 01/11/2006 3) Bacteria TMDL: 04/27/2007 DISCUSSION: The City of Los Angeles and County of Los Angeles are the lead agencies for Ballona Creek TMDLs and Marina del Rey Back Basin & Mother’s Beach TMDLs, respectively. The jurisdictions that discharge to each watershed are responsible for complying with requirements of the TMDL, which include, but are not limited to, the following: 1) Prepare and implement a Monitoring Plan (MP) 2) Prepare and implement an Implementation Plan (IP) 3) Conduct special studies (if applicable/necessary); and. 4) Achieve compliance with the water quality standards. The Memoranda of Agreement (MOAs) that need to be executed with the City of Los Angeles are: 1) BC: Development of IP* The development of the implementation plans was combined for metals, toxics, and bacteria in Ballona Creek. The plans outline how the agencies intend to cooperatively achieve compliance with the waste load allocations of the BC TMDLs, which includes implementation methods, schedules and proposed milestones. City of Culver City, California Agenda Item Report 2) BC: Implementing Coordinated MP (Metals and Toxics) & Toxic Identification Evaluation Study* The metals and toxic TMDLs require the preparation and implementation of a coordinated monitoring plan (designed to monitor water and sediment quality in Ballona Creek and Ballona Estuary). The MP consists of the regulatory background, ambient and effectiveness monitoring, monitoring sites, sampling parameters, analytical methods, schedule, reporting, and other regulatory requirements. In addition, it includes the design and installation of automated water samplers. The toxic TMDL requires that a special study be conducted. A Toxic Identification Evaluation Study (TIE Study) will be performed with the objectives of obtaining additional information on the spatial extent and magnitude of sediment toxicity and contamination, determine the likely cause(s) of sediment toxicity (if any) to benthic invertebrates, and determine the range of sediment concentrations of target contaminants that are associated with toxicity. . 3) BC: Implementing Coordinated Monitoring Plan (Bacteria)* The bacteria TMDL requires the preparation and implementation of a coordinated monitoring plan (designed to monitor water quality in Ballona Creek, Ballona Estuary, and Sepulveda Channel). The MP consists of the regulatory background, ambient and effectiveness monitoring, monitoring sites, sampling parameters, analytical methods, schedule, reporting, and other regulatory requirements. 4) MdRH: Implementing Coordinated Monitoring Plan (Bacteria) The bacteria TMDL requires the preparation and implementation of a coordinated monitoring plan (designed to monitor water quality within Marina del Rey Harbor, Mother’s Beach, and Back Basins). The MP consists of the regulatory background, ambient and effectiveness monitoring, monitoring sites, sampling parameters, analytical methods, schedule, reporting, and other regulatory requirements. The MOA that needs to be executed with the County of Los Angeles is: 1) MdRH: Coordinated Monitoring Plan & Special Studies* The toxics TMDL addresses water quality impairments throughout MdRH, including assessment of fish tissue, assessment of sediment quality impairments in the MdRH’s Back Basins, and assessment of stormwater quality and storm-borne sediment quality of MdRH. In addition, the toxic TMDL requires the preparation of two special studies to refine source assessment, better loading capacity, and optimize implementation efforts. The first special study will evaluate partitioning coefficients between water column and sediment. The second will evaluate City of Culver City, California Agenda Item Report the use of low detection level techniques to determine water quality concentrations for those contaminants where standard detection limits cannot be used. *The Metal, Toxics, and Bacteria TMDLs do not include an enforcement mechanism and have not been incorporated into the 2001 National Pollutant Discharge Elimination System (NPDES) Permit for Municipal Storm Water and Urban Runoff Discharges within the County of Los Angeles. While the 2001 NPDES permit expired in December 2006, it remains active until the new permit is adopted. According to the Regional Water Quality Control Board, the new NDPES permit may be adopted in 2011; and will incorporate all TMDLs. Each TMDL compliance timeline started when the TMDLs became effective, not when they are adopted into the NPDES Permit; therefore, compliance activities must start prior to adoption. Staff and the City Attorney’s Office have reviewed three draft versions of each MOA as the documents were prepared, and our comments have been included in the final executable versions. FISCAL ANALYSIS: The City will be billed according to the following schedules: 1) BC: Development of Implementation Plans (Metals/Toxic/Bacteria) Agreement ends June 30, 2011. a. After execution of MOA: $13,866 b. January 2011: $14,169 c. June 2011: $14,517 2) BC: Implementing Coordinated MP & TIE Study (Metals/Toxic) Agreement ends June 30, 2012. a. After execution of MOA: $35,903 b. January 2011: $33,193 c. January 2012: $14,881 3) BC: Implementing Coordinated MP (Bacteria) Agreement ends June 30, 2012. a. After execution of MOA: $3,694 b. January 2011: $3,603 c. January 2012: $3,603 4) MdRH: Implementing Coordinated MP (Bacteria) Agreement ends June 30, 2012. a. After execution of MOA: $8,314 b. January 2011: $2,799 c. January 2012: $2,799 City of Culver City, California Agenda Item Report 5) MdRH: Implementing Coordinated MP & Special Studies (Toxics) Agreement ends January 2012. a. After execution of MOA: $26,876 b. January 2011: $37,883 c. January 2012: $25,319 The term of agreement has been established as three (3) years for each of these MOAs with different ending months. Upon execution of these MOAs, the City will be responsible for $88,653. The amount due over the next two years is $152,766, for a total of $241,419 due during the three-year term of the MOAs. The MOAs will be funded by P-497, NPDES – Storm Water Discharge Program (42000497), which has sufficient funds to cover these expenditures. ATTACHMENTS: 1) BC: Development of IP Cost Sharing Schedule 2) BC: Implementing Coordinated MP & Toxic Identification Evaluation Study Cost Sharing Schedule 3) BC: Implementing Coordinated Monitoring Plan Cost Sharing Schedule 4) MdRH: Implementing Coordinated Monitoring Plan Cost Sharing Schedule 5) MdRH: Coordinated Monitoring Plan & Special Studies Cost Sharing Schedule MOTION: That the City Council: 1. Approve a Memorandum of Agreement with the City of Los Angeles for the administration and cost sharing of the development of the Implementation Plans for the Total Maximum Daily Loads for Metals, Toxics, and Bacterial indicator densities in Ballona Creek in an amount not-to-exceed $42,552; and, 2. Approve a Memorandum of Agreement with the City of Los Angeles for the administration and cost sharing of the Coordinated Monitoring Plan and Toxic Identification Evaluation Study for the Total Maximum Daily Load for Metals and Toxic in Ballona Creek and Ballona Estuary in an amount not-to-exceed $83,977; and, 3. Approve a Memorandum of Agreement with the City of Los Angeles for the administration and cost sharing of the Coordinated Monitoring Plan for the Total Maximum Daily Load for Bacterial indicator densities in Ballona Creek, Ballona Estuary, and Sepulveda Channel in an amount not-to-exceed $10,899.49; and, 4. Approve a Memorandum of Agreement with the City of Los Angeles for the administration and cost sharing of the Coordinated Monitoring Plan for the Total City of Culver City, California Agenda Item Report Maximum Daily Load for Bacterial indicator densities in Marina del Rey Harbor Mothers’ Beach and Back Basins in an amount not-to-exceed $13,912; and, 5. Approve a Memorandum of Agreement with the County of Los Angeles for the administration and cost sharing of the Coordinated Monitoring Plan and Special Studies for the Total Maximum Daily Load for Toxics in the Marina del Rey Harbor Mothers’ Beach and Back Basins in an amount not-to-exceed $63,202; and, 6. Authorize the City Attorney to review/prepare the necessary documents; and, 7. Authorize the City Manager to execute such documents on behalf of the City. MEETING DATE: 6/14/10 AGENDA ITEM: Authorization to enter into four Memorandum of Agreements with the City of Los Angeles for administration and cost sharing of the Ballona Creek Coordinated Monitoring Plans; and authorization to enter into one Memorandum of Agreement with County of Los Angeles for administration and cost sharing of the Marina del Rey Harbor Coordinated Monitoring Plan. ATTACHMENTS Pages 1) Ballona Creek (Metals, Toxic, Bacteria) 1-3 Development of Implementation Plan — Cost Sharing Schedule 2) Ballona Creek (Metals and Toxic) 4-8 Implementing Coordinated Monitoring Plan and Toxic Identification Evaluation Study — Cost Sharing Schedule 3) Ballona Creek (Bacteria) 9-13 Implementing Coordinated Monitoring Plan — Cost Sharing Schedule 4) Marina del Rey Harbor (Bacteria) 14-18 Implementing Coordinated Monitoring Plan — Cost Sharing Schedule 5) Marina del Rey Harbor (Toxics) 19-21 Coordinated Monitoring Plan and Special Studies — Cost Sharing ScheduleBallona Creek Metals, Toxics, Bacteria TMDLs Development of Implementation Plans Cost Sharing ScheduleAdministration and Mana.genrient. - 'Matedcostfor Projectdm.huitvItio n llitatEttiMaeiteipst_d EXHIBIT A Total Estimated Cost-Sharing for Development of Implementation Plans for Ballona Creek TMDLs and Invoicing by City of Los Angeles Table 1. TMDL Implementation Plans Development Schedule. TMDL Effective Date of TMDL Due Date for Draft Implementation Plan Target Date for Final Implementation Plan BC Bacteria TMDL April 27, 2007 October 27, 2009 April 27, 2010(1) BC Metals TMDL January 11, 2006 January 11, 2010 July 11, 2010 BC Toxics TMDL January 11, 2006 January 11, 2011 July 11, 2011 (') Actual due date is 3 months after the LARWQCB issues comments to the Draft Implementation Plan. Table 2. Cost Allocation Formula. Agency Acres( 2) Square Miles % of Area(3) Los Angeles 67,053.44 104.77 85.39 Beverly Hills 3,630.38 5.67 4.62 Culver City 3,234.81 6.05 4.12 Inglewood 1,934.57 3.02 2.46 Caltrans 1,206.00 1.88 1.54 West Hollywood 1,201.43 1.88 1.53 Santa Monica 264.97 0.41 0.34 TOTAL 78,525.60 122.68 100 (1) Land distribution data defined by LARWQCB (2) Total effective watershed area for the purpose of this Agreement is the total watershed area (82,454.51 acres) minus the County of Los Angeles area (3,928.91 acres). (2) The proportionality of cost-sharing by Agencies is based on each Agency's % area in the effective watershed area of 78,525.60 acres. Table 3. Estimated Costs for Development of Implementation Plans and Project Implementation Plan OevelOpment and Managementm BC Bacteria TMDL $320,524 $16,026 $336,550 BC Metals TMDL $327,524 $16,376 $343,900 BC Toxics TMDL $335,574 $16,779 $352,353 TOTAL $983,622 $49,181 $1,032,803 Not to exceed 5% of estimated cost of development of Implementation Plans.Table 4. Invoicing from City of Los Angeles to City of Culver City. TMDL BC Bacteria TMDL Invoice Amount $13,866(1) BC Metals TMDL $14,169(2) BC Toxics TMDL $14,517(3) Total $42,552 (1 The first payment is due upon execution of this Agreement. (2) Second invoice will be in January of 2011. (3) Third invoice will be in June of 2011.|1010|-11-Ballona Creek Metals and Toxics TMDLs Implementing Coordinated Monitoring Plan and Toxic Identification Evaluation Study Cost Sharing Schedule 4EXHIBIT A Total Estimated Cost-Sharing for Ballona Creek Metals and Toxics Monitoring &Toxicity Identification Evaluation Study and Invoicing by the City of Los Angeles Table 1. Cost Allocation Formula. Agency Aeres(j) Square miles % of Area(2 City of Los Angeles 67,053.44 104.77 81.32 Los Angeles County 3,928.91 6.14 4.77 City of Beverly Hills 3,630.38 5.67 4.40 City of Culver City 3,234.81 5.05 3.92 City of Inglewood 1,934.57 3.02 2.35 Cal-trans 1,206.00 1.88 1.46 City of West Hollywood 1,201.43 1.88 1.46 City of Santa Monica 264.97 0.41 0.32 Total 82,454.51 128.84 100.00 Land distribution data as defined by LARWQCB. (2) Proportionality of cost-sharing by Regulated Entities is based on each Regulated Entity's % area of the total watershed area of 82,455 acres. Table 2. Estimated Costs for CIVIP Services and Project Administration and Management. 1 criod - --, C NarVICC , Projeq dininistrgOn - and 4-Lenient Total Estimated Cost February 2009 . June 2009 (1) $20,915 $20,915 July 2009 — June 2010 (2) $852,370 $42,619 $894,989 July 2010 — June 2011 (2) $806,430 $40,322 $846,752 July 2011 — June 2012 (2) $361,526 $18,076 $379,602 Total $2,041,241 $101,017 $2,142,258 Actual cost of early monitoring over February — June 2009, see Exhibit B. (2) Estimated cost for CMP Services, see Exhibit C, not adjusted for the annual increase by State of California Consumer Price Index. CMP Services include: Monitoring Services per the CMP; installation of automated water samplers; the TIE Study and the TIE Services. (1) Not to exceed 5% of estimated cost of CMP Services. I able 3. Invoicing by City of Los Angeles to City of Culver City. Period City of Cuh et- C ' re Invoice Amount( i) February 2009 — June 2009 $820 $35,903 (2) July 2009 —June 2010 $35,083 July 2010 —June 2011 $33,193 $33,193 (3) July 2011 —June 2012 $14,881 $14,881 (3) Total $83,977 $83,977 (1) Amounts have not been adjusted for annual increase b y State of California Consumer Price Index. (2) The first payment is due upon execution of this Agreement, which includes early monitoring (February — June 2009) and the estimated annual cost for the period of July 2009— June 2010. (3) For the period of July 2010 — June 2012, City of Los Angeles will invoice estimated annual cost in January of each year.EXHIBIT B Ballona Creek Metals and Toxic Pollutants TMDLs February - June 2009 Monitoring Costs i anie I. Banana c.,reex metals IlVILIL: earty r, City of,Los Anuips' Tagis , start monitoring costs Cost/Sampla over r eoruary — June LIMY. No of Slgorks Cost per Sample Event $640 Early Start Moriltoring Sample L i lit|1010|Total Early Start Monitor a l g Cost , Dry-weather Water Quality SAMPLING (Creek) $160 4 $3,200 Dry-weather Water Quality ANALYSIS (Metals) $365 4 $1,460 5 $7,300 Special Dissolved Field Sampling and Filtration Equipment(2 yrs) $67 4 $268 5 $1,340 Speical Dissolved Lab Analysis QA (2 yrs) $730 5 $3,650 Sub-total (Table 1) $15,490 Table 2. Ballona Creek Toxic Pollutants TMDL: earl y start monitorint costs over February — June 2009. City 41_qs„,Angijos' Tasks _ C9Atillllt11* No, of $14lIOTIP Cost per Sample Evellif Eadyjrt Moof ,t4A4.0 SaniFilo. Vilri is Total Early Start Mor_Wring etifit Salt Water SAMPLING (Estuary) (Dry weather ambient monitoring) $160 1 $160 5 $800 Salt Water ANALYSIS (Metals) (Ambient monitoring) $145 1 $145 5 $725 Salt Water ANALYSIS (Organics) (Ambient monitoring) $650 1 $650 5 $3,250 Salt Water SHIPPING (Metals) (Ambient monitoring) $130 1 $130 5 $650 Sub-total (Table 2) $5,425 CSN Total early start monitoring costs over February — June 2009 (Tables 1 + 2): $20,915. 11EXHIBIT C BaIlona Creek Metals and Toxic Pollutants TMDLs FYs 09/12 Estimated Monitoring Costs Table 1. Estimated Annual Costs for Monitoring Services TIE Services and TIE Study. Cty of Lon Tanootos' TusksReocouriugi Dry-weather Water 4ivality SAMPLIN0 . - Creex) IR) 'Co mere $180 (C) . Na, of • ,Uor iSe B.,, ,.|1010|(C0 x C) Cost par ,,.Le. k.,_., k!,:! $640 fa. 1st Yr. No. Sempts Events 12 (r) 2nd Yr: . No, 5.0mpio Events 12 s=i-J , ) : lit YAM"; $7,880 quinu)i-,inuAl,G,u0A (H-0 a F) 2nd Year: $7,680 3rd Year: iM. nt $7,680 Dry-weather Water Quality ANALYSIS (Metals) $365 4 $1,460 12 12 $17,520 $17,520 $17,520 Wet-weather Water Qualtiy SAMPLING (Creek) $440 5 $2,200 8 8 $17,600 $17,600 $17,600 Wet-weather Water Qbaltiy ANALYSIS (Metals) $365 5 $1,825 8 8 $14,600 $14,600 $14,600 Wet-weather Water Qualtiy ANALYSIS (Organics) (Toxics TM DL) $650 2 51,300 8 8 $10,400 810,400 . $10,409 Special Dissolved Field Sampling and Filtration Equipment (2 yrs) $67 5 $335 12 12 8804 $804 _ Speical Dissolved Lab Analysis QA (2 yrs) $730 20 20 $14,600 $14,600 Salt Water SAMPLING (Estuary) (Dry weather ambient monitoring) $180 1 $160 12 12 $1,920 $1,920 $1,820 Salt Water ANALYSIS (Metals) (Dry weather ambient monitoring) $145 1 $145 12 12 . $1,740 $1,740 $1,740 Salt Water ANALYSIS (Organics) (Dry weather ambient monitoring) $850 1 $650 12 12 67,800 $7,800 $7,800 Salt Water sHIPPNG (Metals) (Dry weather ambient monitoring) $130 1 $130 12 12 $1,560 $1,580 $1,560 Storm-borne Sediments: Sampling (Creek) $180 5 $600 s 6 $8,400 $6,400 $6,400 Storm-borne Sediments: Analysis (Metals) $140 5 $700 1 1 $700 $700 $700 Storrn-borne Sediments. Analysis (Organics) $540 5 $2,700 1 1 $2,700 $2,700 $2,700 SEDIMENT SAMPLING $1,227 6 $7,362 1 1 $7,362 $7,362 57,362 SEDIMENT Analysis (Organics) $640 6 $3,643 1 1 $3,840 $3,840 83,840 SEDIMENT . Analysis (Metals) $140 6 $840 1 1 $640 $840 $840 SEDIMENT Analysis (Grain Size) $210 6 $1,280 1 1 $1,260 $1,260 $1,260 SEDIMENT Analysis (IOC) $100 6 $600 1 1 $600 $600 $800 SEDIMENT Toxicity Testing. Arnphipod 12-day* $5,191 6 $31,146 1 1 $31,146 $31,146 $31,146 SEDIMENT Toxicity Testing, Arnphipod 28-day" $6,935 6 $41,628 1 1 $41,628 $41,628 $41,628 SEDIMENT Toxicity Testing: Sea Urchin* $2,175 6 $13,050 1 1 $13,050 $13,050 $13,050 SEDIMENT Toxicity Testing: Abatone* $2,706 6 $16,236 1 1 $16,238 $16,236 $16,236 SEDIMENT Toxicity Testing! Ref. Tox (3 species)* - - $8,864 1 1 $8,884 $8,584 $8,864 *Prices based on EMD price list 2007 v4(1) BIOACCUMULATION Sampling (Mussels: 5 samples/station) $1,840 2 $3,680 1 1 $3,080 $3,690 $3,880 BIOACCUmuLATioN sampling (Fish; 5 samples/station) $15,400 2 $30,920 1 1 $30,920 $30,020 $30,920 BIOACCLIMULATION Analysis (Metals) $140 30 $4,200 1 1 64,200 $4,200 . $4,200 BIOACCUMULATION Analysis (Organics) $540 30 $16,200 1 1 $16,200 $18,200 $18,200 Data Analysis - - - - - $50,000 $50,000 $50,000 Reporting & Program Management - - - - - $30,000 $30,000 830,000 Stream Gage Service/data collection $1,000 5 - - - $5,000 $5,000 $5,005 Autosarnpler MaTntenance $700 5 - - 83,500 $3,500 $3,500 "NE Services (6y City of Los Angeles) - - - - - $120,000 . _ Tod ty dentification E ye uation.(T E) Study By WRP( - - - - - $94,500 $279,500 - Sub.tote Tab[9 I) $588,660 $653,850 4358,946Table 2. Estimated Annual Costs for Autosampler Installation. Cost Quantity lst Year: Annual Cost 2!A *14):ear Itsuta 3rd Yoar, • Annual Cost TOTAL T.A1400010140.11460.4Angelos) Design, Equipment & Installation* $52,188.00 5 $260,940 $150,000 $0 $410,940 Telemetry Phone Service $516.00 5 $2,580.00 $2,580.00 $2,580.00 $7,740 Sub-total (Table 2) $263,520 $152,580.00 $2,580.00 $418,680.00 Table 3. Total Estimated Annual Costs for CMP Services. YEAR 1 YEAk2 YEAFt 2 - Total Los Angeles Annual Costs (Tables I + 2) $852,370 $806,430 $361,526 $2,020,327 13Ballona Creek Bacteria TMDL Implementing Coordinated Monitoring Plan Cost Sharing Schedule 9EXHIBIT A Total Estimated Cost-Sharing for Ballona Creek Bacteria Monitoring and Invoicing by City of Los Angeles Table 1. Cost Allocation Formula. r Agency Acres") Square miles °A of Areai2) City of Los Angeles 67,053.44 104.77 81.32 Los Angeles County 3,928.91 6.14 4.77 City of Beverly Hills 3,630.38 5.67 4.40 City of Culver City 3,234.81 5.05 3.92 City of Inglewood 1,934.57 3.02 2.35 Caltrans 1,206.00 1.88 1.46 City of West Hollywood 1,201.43 1.88 1.46 City of Santa Monica 264.97 0.41 0.32 Total 82,454.51 128.84 100.00 (1) Land distribution data as defined by LARWQCB. (2) Proportionality of cost-sharing by Regulated Entities is based on each Regulated Entity's % area of the total watershed area of 82,455 acres. Table 2. Estimated Costs for Monitoring Services and Project Administration and Management. Period Monitoring SW-Vic-es , 0 ee &ministration rr ijid Managelilent ." Total Estimated Cost June 2009'- $1,438.90 - $1,438.90 July 2009 —June 2010 (2) $88,371.38 $4,418.57 $92,789.95 July 2010 —June 2011 (2) $87,533.16 $4,376.66 $91,909.82 July 2011 —June 2012 (2) $87,533.16 $4,376.66 $91,909.82 Total $264,876.60 $13,171.89 $278,048.49 The cost was calculated by prorating the 1' year annual monitoring cost, excluding the one-time reporting fee, into a daily prorated cost. The daily prorated cost was then applied over the time from the start of the early monitoring period until June 30, 2009. (2) Estimated cost for Monitoring Services, see Exhibit B, not adjusted for the annual increase by State of California Consumer Price Index. A one-time legal reporting fee of $838.22 is added to the estimated costs for the period of July 2009— June 2010. (3) Not to exceed 5% of estimated cost of Monitoring Services. 1 0 9Table 3. Invoicing by City Period of Los Angeles to City CLty of -Culver City Share of Culver City. Invoice Amount") June 2009 $56.40 $3,693.77 (2) July 2009 — June 2010 $3,637.37 July 2010 —June 2011 $3,602.86 $3,602.86 (3) July 2011 —June 2012 $3,602.86 $3,602.86 (3) Total $10,899.49 $10,899.49 (I Amounts have not been adjusted for annual increases by State of California Consumer Price Index. (2) The first payment is due upon execution of this Agreement, which includes early monitoring (June 2009) and the estimated annual cost for the period of June 2009— July 2010. (3) For the period of July 2010 — Tune 2012, City of Los Angeles will invoice estimated annual cost in January of each year. 11 10Table B.1. Ballona Creek TMDL monitorin • costs Item Description Item No - Routine cost per event; la. Eight (8) sampling sites E 3a - 3h $1,666.17(1) lb. Annual routine cost; (52 x Item la.) + (12 x E*) $87,533.16 Summer/Winter Dry Weather: Will begin during effectiveness monitoring Accelerated Sample Analysis: Wet weather: Will begin after the 4th year re-opener|1010|EXHIBIT B Estimated Annual Costs for Ballona Creek Bacteria TMDL Monitoring I%) (1) One-time set-up cost of $838.22 for Legal Reporting (not included in Item1) Table B.2 Monitoring costs for different bacterial indicators 'as ts , . - —:' '-,, , Fecal Coliform (MF) (1) __________ $54.69 B Total Coliform/E. coil (CS) (2) $44.76 C Enterococcus (CS) (2) $39.80 D WPD Sampling/Site $120.00 E DSM Monthly Reporting 1 $74.36 (1) Note: MF (Membrane Filtration) (2) Note: CS (Chromogenic Substrate) 11Table B.3 Monitoring costs per station NO'''' er oisam pies item : (;-: n $'6e-,0,-6. 6 3a. 1 BCB-1 $174.69 A, D 3b. 1 BCB-2 $219.45 A,B,D 3c. 1 BCB-3 $219.45 A,B,D 3d. 1 BCB-4 $219.45 A,B,D 3e. 1 BCB-5 $219.45 A,B,D 3f. 1 BCB-6 $204.56 B,C,D 3g. 1 BCB-7 $204.56 B,C,D 3h. 1 BCB-8 $204.56 B,C,D NINON. 12 to3Marina del Rey Harbor Bacteria TMDL Implementing Coordinated Monitoring Plan Cost Sharing Schedule 14EXHIBIT A Total Estimated Cost-Sharing for MdR Bacteria Monitoring and Invoicing by City of Los Angeles Table 1. Cost Allocation Formula. Agency Square Miles % of Ar a County of Los Angeles 816 1.28 44 City of Los Angeles 983 1.54 53 City of Culver City 37 0.06 2 Caltrans 19 0.03 1 Total 1855 2.91 100 (1) Land distribution data as defined by LARWQCB. (2) The proportionality of cost-sharing by Regulated Entities is based on each Regulated Entity's % area of the total watershed area of 1855 acres. Table 2. Estimated Costs for Monitoring Services and Project Administration and Management. Period Monitoring Services Projg#Administration and MitiAgeitioritCot Total Estimated Cost March 2007— June 2008' ' $153,675 - $153,675 July 2008— June 2009 (1) $122,091 - $122,091 July 2009 — June 2010 (2) $133,285 $6,664 $139,949 July 2010— June 2011 (2) $133,285 $6,664 $139,949 July 2011 — June 2012 (2) $133,285 $6,664 $139,949 Total $675,621 $19,992 $695,613 ) Actual cost, see Exhibits B and C. (2) Estimated cost, see Exhibit D, not adjusted for the annual increase by State of California Consumer Price Index. (3) Not to exceed 5% of estimated cost of Monitoring Services. Table 3. Invoicing by City of Los Angeles to City of Culver City. Period City of Culver City 51/.are Invoice Amount(1) March 2007 —June 2008 $3,073 July 2008— June 2009 $2,442 $8,314(2) July 2009 - June 2010 $2,799 July 2010 — June 2011 $2,799 $2,799(3) July 2011- June 2012 $2,799 $2,799(3) Total $13,912 $13,912 (1) Amounts have not been adjusted for annual increase by State of California Consumer Price Index. (2) The first payment is due upon execution of this Agreement, which includes early monitoring (March 2007 — June 2008 and July 2008 — June 2009) and the estimated annual cost for July 2009 — June 2010. (3) For the period of July 2010 — June 2012, the City of Los Angeles will invoice estimated annual cost in January of each year. 15 9EXHIBIT B MARINA DEL REY BEACHES AND HARBOR BACTERIAL TMDL MARCH 2007 - JUNE 2008 ACTUAL MONITORING COSTS COSTS PER SAMPLE Shoreline 3 samples MdRH-1 or 2, 3,5 Boat 9 samples MdRH-4sd,6sd,7,8sd, 9sd All Samples Routine and Accl i d Day 1 Accl'd Day 2 COST (A+B)+(2D/3) COST (A+B)+12.5*(C+D)]/9 COST (A+B) + [2,5*(D+E)+4*9/9 $96.73 $110.94 $122.73 AMBIENT COSTS PER SAMPLE* MdRH-10,11,12,13,14 Routine Accrd Day 1 Accl'd Day 2 COST (A+B) COST (A+B)+[2.5*(C+D)]/5 COST (A+B)+[2.5*(D+E)+4*-F1/5 $158.45 $78.08 $137.23 *Excludes cost of DNA analysis COSTS** A D C D E F G H I Total Coliform/E. coli (CS) Enterococcus (CS) Boat+Captain LT II Boat Captain (overtime) DSM Monthly Maintenance Duplicate Analyses (A,B) DNA Analysis $41.3 $36.78 $90.32 $27.98 $60,00 $45.48 $140,00 2 per week; Accl'd - one per month $500.00 ACTUAL MONITORING COSTS March 07 - June 08 Location # Samples Cost/Sample Total Cost . Routine Samples Shorelinef Compliance Boat Ambient Boat 553 650 80 $96.73 $110.94 $78,08 $53,493.53 $72,111.72 $6,246.40 Shorelinef - $96.73 $0.00 Acercl Compliance Boat Day l g - $110.94 $0.00 S l ampes Compliance Boat Day 2 Ambient Boat Day 1|101010|$122.73 $137.23 $859.13 $137.23 Ambient Boat Day 2 1 $158.45 $158.45 DSM Monthly Maintenance 16 $140.00 $2,240.00 QA (Duplicate Analyses) 154 $78.08 $12,024.32 LGL RPT ONE-TIME SET UP COST $6,404.00 GRAND TOTAL COST $153,674.79 Note: a. Shoreline sampling time: 2 hr LT II (Costs D) b. Boat: 2.5 hrs (Boat+Captain) 2.5hrs LT II (Costs C, D) c. Boat accelerated Day 2: 4 hrs Captain (@ overtime)+ 2.5 hrs Boat + 2.5 hrs LT II (Costs D,E,F) d. On routine Ambient days, sample collection costs are absorbed in Compliance collection costs; charge is for analysis only; accl'd days are full costs. e. Ambient monitoring ended December 31, 2008 f. Shoreline samples: routine and accelerated Day 1 g. Compliance Boat samples: routine and accelerated Day 1 10EXHIBIT C MARINA DEL KEY BEACHES AND HARBOR BACTERIAL TMDL FY 2008 - 2009 ACTUAL MONITORING COSTS COSTS PER SAMPLE Shoreline 3 sam *les MdRH-1 or 2, 3,5 Boat 9 sam sles MdRH-4sd,6sd,7,8sd, 9sd All Sam • es Routine and AccI'd Da 1 Accltd Da 2 COST A+B +2D/3 COST A+B +2,5* C+D) /9 COST (A+B + 2.5* I+E 4*F /9 $103.81 $123.48 $136.06 AMBIENT COSTS PER SAMPLE* MdRH-10,11,12,13,14 Routine Acci'd Day 1 Accl' d Day 2 COST (A+B)|109| COST (A+B)+[2.5*(C+D)]/5 COST (A+B)+[2.5*(D+E)+4*F1/5 $177.69 $84.02 $155.04 *Excludes cost of DNA analysis COSTS** A B C D E F G H I Total Coliform/E. coli (CS) Enterococcus (CS) Boat+Captain LT II Boat Captain (overtime) DSM Monthly Maintenance Duplicate Analyses (A,B) DNA Analysis $44.47 $39.55 $112.36 $29.68 $80.00 $48.54 $140.00 2 per week; Accl id - one per month $500.00 " ACTUAL MONITORING COSTS FY08-09 Location # Samples Cost/Sample Total Cost Routme h . S oreliner 430 $103.81 $44,638.30 / Compliance Boat' 503 $110.94 $62,110.44 SamP 'es Ambient Boat 35 $84.02 $2,940.70 Shorelinef - $103.81 $0.00 Accl'd Compliance Boat Day 1. - $123.48 $0.00 Samples Compliance Boat Day 2 - $136.06 $0.00 Ambient Boat Day 1 4 $155.04 $620.16 Ambient Boat Day 2 2 $177.69 $355.38 DSM Monthly Maintenance 12 $140.00 $1,680.00 QA (Duplicate Analyses) 116 $84.02 $9,746.32 LGL RPT ONE-TIME SET UP COST $6,404.00 GRAND TOTAL COST $122,091.30 Note: b. Shoreline sampling time: 2 hr LT II (Costs D) i. Boat: 2.5 hrs (Boat+Captain) + 2.5hrs LT II (Costs C, D) j. Boat accelerated Day 2: 4 hrs Captain (@ overtime)-F 2.5 hrs Boat + 2.5 hrs LT H (Costs D,E,F) k. On routine Ambient days, sample collection costs are absorbed in Compliance collection costs; charge is for analysis only; acel'd days are full costs. 1. Ambient monitoring ended December 31, 2008 m. Shoreline samples: routine and accelerated Day 1 n. Compliance Boat samples: routine and accelerated Day I 111101111b 11EXIILBJT D MARINA DEL REY BEACHES AND HARBOR BACTERIAL TAIML FYs 2009 -2012 ESTIMATED MONITORING COSTS AVERAGE FISCAL YEAR MONITORING COSTS Routine Samples Location Expected 1# Samples Cost/Sample Total Cost Shoreline 416 $103.81 $43,184.96 Compliance Boat 468 $123.48 $57,788.64 Ambient Boat $84.02 $0.00 Aced Samples Location Average # Samples Cost/Sample Total Cost Shoreline (Days 1 and 2) 76 $103.81 $7,889.56 Compliance Boat Day 1 109 $123.48 $13,459.32 Compliance Boat Day 2 4 $136.06 $544.24 Ambient Boat Day 1 - $155.04 $0.00 Ambient Boat Day 2 $177.69 $0.00 DSM Monthly Maintenance 12 $140.00 $1,680.00 QA (Duplicate Analyses) 104 $84.02 $8,738.08 GRAND TOTAL COST $133,284.80 Costs have not been adjusted for the State of California Consumer Price Index. 18 12Marina del Rey Harbor Toxics TMDL Implementing Coordinated Monitoring Plan and Special Studies Cost Sharing Schedule 19Exhibit D Agency Cost Impact due to Ca!trans' Non-Participation 20 Page 19 of 20County - Of LOS Angelestininc. Areas City of Los City of Angeles Culver City City of Culver City 275 260 2.02% 1% Year 1 Cost Increase Year 2 Cost Increase Year 3 Cost Increase 'T tul Progroni CO5t Iricru.isu byAg un.y Jurisdictional Percentage Cost I ncrease PerceMage by AgerICV TABLE 2 JURISDICTIONAL COST SHARE without CALTRANS Participation County of Los Angeles Urtinc. Year 1 Program Year Cost 592,730 $ 714,036 Year 2 Program Year Cost 835,483 $ 1,006,470 Year 3 Program Year Cost 558,374 $ 672.650 likai414004415404W40[0:01. s $ 195S7 $ TABLE 3 JURISDICTIONAL COST IMPACT a5 a Resuit of CALTRANS Exhibit D Coordinated Monitoring and Special Studies Cost Impact Table Due to Caltrans Non-Participation TABLE 1 JURISDICTIONAL COST SHARE BY AGENCY Year 1 Program Year Cost 586,659 $ 706,722 $ 26,601 $ 13,660 $ 1,333,642 Year 2 Program Year Cost 826,925 $ 996,161 $ 37,495 $ 19,255 1,879,836 Year 3 Program Year Cost $ • 552,656 $ 665,760 25,059 12,868 1,256,343 Total Cost by Agency 1,966,240 2,34 89,155--L 45,783 4.459,821 Note 1. Due to the State Budget crisis, CALTRANS will be unable to participate in the Marina del Rey Taxies WE IL CMP MOA. Howeter, should Caltrans receive funding, the Parties may amend the Agreement to facilitate Caltrans Participation. 2. CAL1RANS is required to provide the County with a notice that the State will be unable to participate in the CMP and special studies. 21 Page 20 of 20