HomeMy WebLinkAboutRES-24-7452 (CLEAN WATER PROGRAM)Page 1 of 2 RES 24-7452
WHEREAS, on November 6, 2018, Measure W, the Safe, Clean Water
("SCW") Program ballot measure, was successfully passed by the voters; and
WHEREAS, the SCW Program Ordinance (Chapter 16 of the Los
Angeles County Flood Control District Code) and the SCW Program
Implementation Ordinance (Chapter 18 of the Los Angeles County Flood
Control District Code), administers the SCW Municipal Program for the purpose
of funding Projects and Programs to increase stormwater and urban
runoff capture and reduce stormwater and urban runoff pollution in the
Los Angeles County Flood Control District (the District); and
WHEREAS, in 2020, City Council approved a Transfer Agreement with
the District for SCW Municipal Program funding; and
WHEREAS, the City of Hermosa Beach ("City") receives SCW Municipal
Program funds in the amount of approximately $160,000 annually to fund
programs and projects to increase stormwater and urban runoff capture
and reduce stormwater and urban runoff pollution in the District; and
WHEREAS, the City was awarded SCW Funds from the competitive
Regional program in the amount of $423,950 to fund the construction,
operation and maintenance and water quality monitoring for the Hermosa
Beach Parking Lot D Improvement Project and executed a separate Transfer
Agreement for those funds; and
WHEREAS, in 2024 the Los Angeles County Flood Control District made
revisions to the Municipal Program Transfer Agreement, attached hereto as Exhibit
"A"; and
CITY OF HERMOSA BEACH
RESOLUTION NO. RES-24-7452
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, APPROVING A TRANSFER AGREEMENT
BETWEEN THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
AND CITY OF HERMOSA BEACH, AGREEMENT NO. 2024MP32
SAFE, CLEAN WATER PROGRAM — MUNICIPAL PROGRAM
Docusign Envelope ID: 80141423-0CAC-4F73-879E-C3284FD2E3C7
Page 2 of 2 RES 24-7452
WHEREAS, to receive the SCW Municipal Program funds, the City is required
to execute and submit the revised Transfer Agreement between the City and the
District, to receive the SCW Municipal Program funds.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council does hereby declare that the recitals set forth
above are true and correct and are incorporated herein by reference; and
SECTION 2. The City Council hereby approves the Transfer Agreement
attached hereto as Exhibit "A”; and
SECTION 3. The City Council hereby authorizes the City Manager to execute
and submit the Transfer Agreement in a form acceptable to the City Attorney;
and
SECTION 4. The City Council hereby designates the City Manager or
designee to execute and submit all other documents as it pertains to the Transfer
Agreement including, but not limited to applications, payment requests, progress
reports, annual reports, and monitoring reports and other documents, which may
be necessary; and
SECTION 5. The City Clerk shall certify the adoption of this Resolution which
shall be effective upon its adoption.
PASSED, APPROVED and ADOPTED on this 10th day of September, 2024.
Mayor Dean Francois
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA
ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________
Myra Maravilla, Patrick Donegan,
City Clerk City Attorney
Docusign Envelope ID: 80141423-0CAC-4F73-879E-C3284FD2E3C7
TRANSFER AGREEMENT BETWEEN
THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT AND HERMOSA BEACH
AGREEMENT NO. 2024MP32
SAFE, CLEAN WATER PROGRAM – MUNICIPAL PROGRAM
This Transfer Agreement, hereinafter referred to as “Agreement,” is entered into as of
by and between the Los Angeles County Flood Control District, hereinafter referred to as "District,"
and Hermosa Beach, hereinafter referred to as "Municipality."
WHEREAS, District, pursuant to the Los Angeles Region Safe, Clean Water (SCW) Program ordinance (Chapter 16
of the Los Angeles County Flood Control District Code) and the SCW Program Implementation Ordinance (Chapter 18
of the Los Angeles County Flood Control District Code), administers the SCW Program for the purpose of funding
Projects and Programs to increase stormwater and urban runoff capture and reduce stormwater and urban runoff
pollution in the District;
WHEREAS, pursuant to Section 16.04.A.2. of the Los Angeles County Flood Control District Code, forty percent
(40%) of annual SCW Program tax revenues shall be allocated to Municipalities within the District, in the same
proportion as the amount of revenues collected within each Municipality, to be expended by those cities within the cities'
respective jurisdictions and by the County within the unincorporated areas that are within the boundaries of the District,
for the implementation, operation and maintenance, and administration of Projects and Programs, in accordance with the
criteria and procedures established in this Chapters 16 and 18 of the Los Angeles County Flood Control District Code;
WHEREAS, pursuant to Section 16.05.A.1. of the Los Angeles County Flood Control District Code, prior to their
receipt of SCW Program funds, Municipalities must enter into an agreement with the District to transfer SCW Program
funds;
WHEREAS, the County of Los Angeles Board of Supervisors has approved a standard template Agreement, as
required by and in accordance with Section 18.09 of the Los Angeles County Flood Control District Code, for the
transfer of SCW Program funds to Municipalities.
NOW, THEREFORE, in consideration of the promises, mutual representations, covenants and agreements in this
Agreement, the District and the Municipality, each binding itself, its successors and assigns, do mutually promise,
covenant, and agree as follows:
I.DEFINITIONS
The definitions set forth in Sections 16.03 and 18.02 of the Los Angeles County Flood Control District Code shall apply
to this Agreement. In addition, the following definitions shall also apply:
“Agreement” means this Transfer Agreement, including all exhibits and attachments hereto.
“Annual Plan” means the plan referred to in Section 18.09.B.5 of the Code that includes the contents specified in Exhibit
A.
"Code" means the Los Angeles County Flood Control District Code. “Days” means calendar days unless otherwise
expressly indicated.
“Fiscal Year” means the period of twelve (12) months terminating on June 30 of any year.
“Safe Clean Water (SCW) Program Payment” means the Municipality's annual allocation of SCW Program funds as
described in Section 16.04.A.2. of the Code disbursed by the District to the Municipality.
“Year” means calendar year unless otherwise expressly indicated.
II.PARTY CONTACTS
The District and the Municipality designate the following individuals as the primary points of contact and communication
regarding the Municipal Program and the administration and implementation of this Agreement.
Los Angeles County Flood Control District Municipality: Hermosa Beach
Name: Haris Harouny Name:
Address: 900 S Fremont Ave, Alhambra, CA
91803
Address:
Phone:(626) 300-2620 Phone:
Municipal Program
Agreement No.2024MP32
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EXHIBIT A
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Email: hharouny@dpw.lacounty.gov Email:
Either party to this Agreement may change the individual identified as the primary point of contact above by providing
written notice of the change to the other party.
III.EXHIBITS INCORPORATED BY REFERENCE
The following exhibits to this Agreement, including any amendments and supplements hereto, are hereby incorporated
herein and made a part of this Agreement:
EXHIBIT A – ANNUAL PLAN CONTENTS
EXHIBIT B – GENERAL TERMS AND CONDITIONS
EXHIBIT C – NATURE-BASED SOLUTIONS (Best Management Practices)
EXHIBIT D – OPERATIONS AND MAINTENANCE GUIDANCE DOCUMENT
IV.MUNICIPAL PROGRAM IMPLEMENTATION
A.The Municipality shall annually prepare and submit to the District, an Annual Plan. The Annual Plan shall be
submitted not later than 90-days prior to the start of the Fiscal Year for which the Plan is prepared.
B.The Municipality shall utilize the SCW Program Payments in compliance with Chapters 16 and 18 of the Code.
C.The Municipality shall comply with the terms and conditions in Exhibits B, C, and D, of this Agreement, and all
applicable provisions of Chapters 16 and 18 of the Code, specifically including, without limitation, Section 18.06.
V.SCW PROGRAM PAYMENTS TO MUNICIPALITIES
A.SCW Program Payments will generally be available for disbursement by December 31, provided a duly executed
transfer agreement is in effect and subject to the Municipality's compliance with the conditions described in
paragraph B, below; however the District may, in its discretion, change the date and number of the actual
disbursements for any Fiscal Year based on the amount and timing of revenues actually collected by the District.
B.The District shall disburse the Municipality's SCW Program Payment upon satisfaction of the following
conditions: (1) the District has received the Annual Progress/Expenditure Report required pursuant to Section
18.06.D of the Code; (2) the District has received Municipality's Annual Plan for that Fiscal Year, and (3) the
Municipality has complied with the audit requirements of Section B-6 of Exhibit B.
C.Notwithstanding any other provision of this Agreement, no disbursement shall be made at any time or in any
manner that is in violation of or in conflict with federal, state, County laws, policies, or regulations.
D.All disbursements shall be subject to and be made in accordance with the terms and conditions in this Agreement
and Chapters 16 and 18 of the Code.
VI.TERM OF AGREEMENT
This Agreement shall expire at the end of the 2027-28 Fiscal Year. The parties shall thereafter enter into a new
agreement based on the most recent standard template agreement approved by the Board.
VII.EXECUTION OF AGREEMENT
This Agreement may be executed simultaneously or in any number of counterparts, including both counterparts that are
executed manually on paper and counterparts that are in form of electronic records and are executed electronically,
whether digital or encrypted, each of which shall be deemed an original and together shall constitute one and the same
instrument.
The District and the Municipality hereby agree to regard facsimile/electronic representations of original signatures of
authorized officers of each party, when appearing in appropriate places on this Agreement and on any addenda or
amendments thereto, delivered or sent via facsimile or electronic mail or other electronic means, as legally sufficient
evidence that such original signatures have been affixed to this Agreement and any addenda or amendments thereto
such that the parties need not follow up facsimile/electronic transmissions of such documents with subsequent (non-
facsimile/electronic) transmission of “original” versions of such documents.
Further, the District and the Municipality: (i) agree that an electronic signature of any party may be used to authenticate
this Agreement or any addenda or amendment thereto, and if used, will have the same force and effect as a manual
signature; (ii) acknowledge that if an electronic signature is used, the other party will rely on such signature as binding the
party using signature, and (iii) hereby waive any defenses to the enforcement of the terms of this agreement based on the
foregoing forms of signature.
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IN W ITNE S S W HE RE OF, this A greement has been executed by the parties hereto.
B y:
Name:
Title:
D ate:
L O S A N GE L E S C OUNTY
F L OOD C ONTROL D IS TRIC T:
B y:
Name:
Title:
D ate:
Municipal Program
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EX H IB IT A – AN N U AL P L AN C ON T EN TS
A -1. D escription of all projects anticipated to be funded using the S C W P rogram P ayment. Include a discussion of how
the projects will result in the achi evement of one or more S C W P rogram Goals, i ncluding quantitative targets and
corresponding metrics for subsequent reporti ng of all applicable parameters.
A -2. D escription of all programs anticipated to be funded using the S C W P rogram P ayment. Include a discussi on of
how the programs will result in the achievement of one or more S C W P rogram Goals; including quanti tative targets
and corresponding metri cs for subsequent reporting of all applicable parameters.
A -3. D escription of all operation and maintenance activities anti cipated to be funded using the S C W P rogram P ayment.
Include a di scussion of how those activi ties will result in the achievement of one or more S C W P rogram Goals.
A ddi tional operati on and maintenance activiti es, even if funded by other sources, should be referenced to provide an
overview of anticipated overall project approach.
A -4. D escription of the stakeholder and community outreach/engagement acti vities anticipated to be funded with the
S C W P rogram P ayment, including discussion of how local N GOs or C B Os will be involved, if applicable, and if not,
why. A dditional outreach/engagement activities, even if funded by other sources, should be referenced to provide an
overview of anticipated overall project approach.
A -5. D escription of post-construction monitoring for projects completed using the S C W P rogram P ayment. A dditional
post-construction monitoring acti vities, even if funded by other sources, should be referenced to provide an overview
of anticipated overall project approach.
A -6. P rovide the status of any projects that have been awarded (or are seeking award of) Institute for S ustainable
Infrastructure (IS I) verification, i f applicable.
A -7. P rovide the budget for the acti vities described in provisions A 1 through A -5 S C W P rogram P ayment.
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E X H IB IT B – GE N E R AL TE R MS AN D C ON D IT ION S
B -1. A ccounting and D eposit of F unding D isbursement
1.S C W P rogram P ayments di stributed to the Municipality shall be held i n a separate interest-bearing account and
shall not be combined with other funds. Interest earned from each account shall be used by the Municipality only
for eligi ble expenditures consistent with the requirements of the S C W P rogram.
2.The Municipali ty shall not be entitled to interest earned on undisbursed S C W P rogram P ayments; interest earned
prior to disbursement is property of the D istrict.
3.The Municipali ty shall operate in accordance with Generally A ccepted A ccounting P rinciples (G A A P ).
4.The Municipali ty shall be strictly accountable for all funds, receipts, and disbursements for their S C W P rogram
P ayment.
B -2. A cknowledgement of C redit and S i gnage
The Municipality shall include appropriate acknowledgement of credit to the D istrict’s S afe, C lean Water P rogram for i ts
support when promoting acti vities funded with S C W P rogram funds or using any data and/or information developed
S C W P rogram funds. When the S C W P rogram P ayment is used, in whole or in part, for construction of an infrastructure
P roject, signage shall be posted in a prominent location at P roject site(s) or at the Municipality’s headquarters and shall
include the S afe, C lean Water P rogram color logo and the following disclosure statement: “F undi ng for thi s project has
been provided in full or in part from the L os A ngeles C ounty F lood C ontrol D istrict’s S afe, C lean Water P rogram.” A t a
minimum the sign shall be 2’ x 3’ in size. The Muni cipali ty shall also include in each of its contracts for work under this
A greement a provision that i ncorporates the requi rements stated within this paragraph.
W hen the S C W P rogram P ayment is used, in whole or i n part, for a scientifi c study, the Municipali ty shall include the
following statement in the study report: “F unding for this study has been provi ded in full or in part from the L os A ngeles
C ounty F lood C ontrol D istri ct’s S afe, C lean Water P rogram.” The Municipali ty shall also include in each of its contracts
for work under this A greement a provision that incorporates the requirements stated within this paragraph.
B -3. A cquisition of Real P roperty - C ovenant
A ny real property acquired i n whole or in part with S C W P rogram funds shall be used for P rojects and P rograms that are
consistent with the S C W P rogram Goals and wi th the provisions of C hapter 16 and 18 of the C ode.
A ny Municipality that acquires the fee title to real property using, in whole or i n part, S C W P rogram funds shall record
a document in the office of the Regi strar-Recorder/C ounty
C lerk containing a covenant not to sell or otherwise convey the real property without the prior express wri tten consent of
the D istrict, which consent shall not be unreasonably withheld.
B -4. A mendment
E xcept as provided in S ection II of the A greement, no amendment or variation of the terms of this A greement shall be
valid unless made in writing and signed by the parties. No oral or written understanding or agreement not incorporated in
this A greement is binding on any of the parties.
B -5. A ssignment
The Municipality shall not assign this A greement.
B -6. A udit and Recordkeeping
1.The Municipali ty shall retain for a period of seven (7) years, all records necessary in accordance with Generally
A ccepted A ccounting P rinci ples to determine the amounts expended, and eli gibility of P rojects implemented
using S C W P rogram P ayments. The Municipality, upon demand by authorized representatives of the D i strict,
shall make such records avai lable for examination and review or audi t by the D istrict or its authori zed
representatives. Records shall include accounting records, wri tten policies and procedures, contract files, original
estimates, correspondence, change order files, i ncluding documentation covering negotiated settlements,
i nvoices, and any other supporting evidence deemed necessary to substantiate charges related to S C W
P rogram P ayments and expenditures.
2.The Municipali ty is responsible for obtaining an i ndependent audit to determi ne compliance with the terms and
conditions of this A greement and all requirements applicable to the Municipality contained i n chapters 16 and 18
of the C ode. Municipality shall obtain an independent audit of their S C W P rogram P ayments every three (3)
years. A udits shall be funded with Municipal P rogram funds.
3.Municipality shall file a copy of all audit reports by the ninth (9 ) month from the end of each three (3) year period th
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to detail the preceding three (3) years of expenditures. A udit reports shall be posted on the D istrict’s publi cly
accessible website. D ue date example below.
Every Third Fiscal Year
Fiscal Year Audit Begins Audit Report Due to District
2023-24 7/1/2027 No later than 3/31/2028
4.Upon reasonable advanced request, the Municipality shall permit the C hief E ngineer to examine the infrastructure
P rojects using S C W P rogram P ayments. The Municipality shall permi t the authorized D istrict representative,
i ncluding the A uditor-C ontroller, to examine, review, audi t, and transcribe any and all audit reports, other reports,
books, accounts, papers, maps, and other records that relate to the S C W P rogram P ayments. E xamination
activities are considered D istrict administration of the S C W P rogram.
5.E xpenditures determi ned by an audit to be in violation of any provision of C hapters 16 or 18 of the C ode, or of this
A greement, shall be subject to the enforcement and remedy provisions of S ection 18.14 of the C ode.
B -7. Availabi lity of F unds
D istrict’s obligation to disburse the S C W P rogram P ayment is contingent upon the availability of sufficient funds to
permit the disbursements provided for herein. If sufficient funds are not available for any reason including, but not limited
to, failure to fund allocations necessary for disbursement of the S C W P rogram P ayment, the D istrict shall not be
obligated to make any disbursements to the Municipality under this A greement. This provision shall be construed as a
condition precedent to the obligation of the D istrict to make any disbursements under this A greement. Nothing i n this
A greement shall be construed to provide the Municipality with a right of priori ty for disbursement over any other
Municipality. If any di sbursements due to the Municipality under this A greement are deferred because sufficient funds are
unavailable, it is the intention of the D istrict that such disbursement wi ll be made to the Municipality when sufficient funds
do become available, but this intention is not binding. If this A greement’s funding for any F iscal Year is reduced or
deleted by order of the B oard, the D istrict shall have the option to either cancel this A greement wi th no liability occurring
to the D istrict or offer an amendment to the Muni ci pality to reflect the reduced amount.
B -8. C hoice of L aw
The laws of the S tate of C alifornia govern this A greement.
B -9. C laims
A ny claim of the Muni cipality is limi ted to the rights, remedies, and claims procedures provi ded to the Municipality under
this A greement. Municipal expenditures of a S C W P rogram P ayment that involves the D istrict shall utilize a separate
and specific agreement to that P roject that includes appropriate indemnificati on supersedi ng that in this A greement.
B -10. C ompliance with S C W P rogram
The Municipality shall comply with and require its contractors and subcontractors to comply with all provisi ons of
C hapters 16 and 18 of the C ode.
B -11. C ompliance with L aw, Regulations, etc.
The Municipality shall, at all times, comply with and requi re its contractors and subcontractors to comply with all
applicable local, state and federal laws, rules, guidelines, regulations, and requirements.
B -12. C onti nuous Use of Munici pal P rojects; L ease or D isposal of Munici pal P rojects
The Municipality shall not abandon, substantially discontinue use of, lease, or dispose of all or a significant part or porti on
of any P roject funded i n whole or in part with S C W P rogram P ayments during the useful life (defined as 30 years unless
specified otherwise in annual plans and subsequent reports) of the P roject wi thout prior written approval of the D istrict.
S uch approval may be condi tioned as determined to be appropriate by the D i strict, i ncluding a condition requiring
repayment of a pro rata amount of the S C W P rogram P ayments used to fund the P roject together with interest on said
amount accrui ng from the date of lease or disposal of the P roject.
B -13. D isputes
S hould a dispute arise between the parties, the party asserting the dispute wi ll notify the other parti es in writing of the
dispute. The parties will then meet and confer within 21 calendar days of the notice in a good faith attempt to resolve the
dispute.
If the matter has not been resolved through the process set forth in the precedi ng paragraph, any party may initiate
mediati on of the dispute. Mediation will be before a retired judge or mediation service mutually agreeable to the parties.
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A ll costs of the mediation, including mediator fees, will be paid one-half by the D istri ct and one-half by the Munici pality.
S C W P rogram P ayments shall not be used to pay for any costs of the mediation.
The parties will attempt to resolve any dispute through the process set forth above before fili ng any action relating to the
dispute in any court of law.
B -14. F inal Inspecti on and C erti fi cation of Registered P rofessional
Upon completi on of the design phase and before construction of a project, the Municipality shall provide certification by a
C alifornia Registered P rofessional (i.e., P rofessional C i vil E ngineer, E ngineering Geologist) that the design has been
completed.
Upon completi on of the project, the Municipality shall provide for a final inspection and certification by a C aliforni a
Registered P rofessional (i.e., P rofessional C ivil E ngineer, E ngineering Geologist), that the P roject has been completed
in accordance with submitted final plans and specifications and any modificati ons thereto and in accordance with this
A greement.
B -15. F orce Majeure.
In the event that Municipality i s delayed or hindered from the performance of any act required hereunder by reason of
strikes, lockouts, labor troubles, inability to procure materials not related to the price thereof, riots, i nsurrection, war, or
other reasons of a like nature beyond the control of the Municipality, then performance of such acts shall be excused for
the peri od of the delay, and the peri od for the performance of any such act shall be extended for a period equivalent to the
period of such delay.
B -16. F undi ng C onsiderations and E xclusions
1.A ll expenditures of S C W P rogram P ayments by Municipality must comply with the provisions of C hapters 16 and
18 of the L os A ngeles C ounty F lood C ontrol D istrict C ode, including but not limited to the provisions regarding
eligible expenditures contained in S ection 16.05.A .2 and the provision regarding ineligible expenditures
contained in S ection 16.05.A .3.
2.S C W P rogram P ayments shall not be used in connection with any P roject implemented as an E nhanced
C ompli ance A ction ("E C A ") and/or S upplemental E nvironmental P roject ("S E P ") as defined by S tate Water
Resources C ontrol B oard Office of E nforcement written policies, or any other P roject implemented pursuant to
the settlement of an enforcement action or to offset monetary penalties imposed by the S tate Water Resources
C ontrol B oard, a Regional Water Quality C ontrol B oard, or any other regulatory authority; provided, however, that
S C W funds may be used for a P roject implemented pursuant to a time schedule order ("TS O") issued by the L os
A ngeles Regi onal Water Quality C ontrol B oard if, at the time the TS O was issued, the P roject was included in an
approved watershed management program (including enhanced watershed management programs) developed
pursuant to the M S 4 P ermit.
B -17. Indemnification
The Municipality shall indemnify, defend and hold harmless the D istrict, the C ounty of L os A ngeles and their elected and
appointed offi cials, agents, and employees from and against any and all liabi lity and expense, including defense costs,
legal fees, clai ms, actions, and causes of action for damages of any nature whatsoever, including but not limited to bodi ly
injury, death, personal injury, or property damage, arising from or in conjunction with: (1) any P roject or P rogram
implemented by the Municipality, in whole or in part, with S C W P rogram P ayments or (2) any breach of this A greement
by the Municipality.
B -18. Independent A ctor
The Municipality, and i ts agents and employees, if any, in the performance of this A greement, shall act in an independent
capacity and not as officers, employees, or agents of the D istri ct.
The Municipality shall not contract work with a contractor who is in a period of debarment from any agency within the
D istrict. (L A C C C hapter 2.202)
B -19. Integration
This is an integrated A greement. This A greement is intended to be a full and complete statement of the terms of the
agreement between the D istrict and Muni cipality, and expressly supersedes any and all pri or oral or written agreements,
covenants, representations and warranties, express or i mplied, concerning the subject matter of thi s A greement.
B -20. L apsed F unds
1.The Municipali ty shall be able to carry over uncommitted S C W P rogram P ayments for up to five (5) years from
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the end of the fiscal year in which those funds are transferred from the D istrict to the Munici pality.
2.If the Municipality is unable to expend the S C W P rogram P ayment wi thin five (5) years from the end of the fiscal
year in which those funds are transferred from the D istri ct to the Munici pality, then lapsed funding procedures will
apply. L apsed funds are funds that were transferred to the Muni cipality but were not committed to eligible
expendi tures by the end of the fifth (5th) fiscal year after the fiscal year in which those funds were transferred from
the D istrict.
3.L apsed funds shall be allocated by the Watershed A rea S teeri ng C ommittee of the respective Watershed A rea to
a new P roject with benefit to that Municipality, if feasible in a reasonable time frame, or otherwise to the
Watershed A rea.
4.In the event that funds are to lapse, due to circumstances beyond the Municipality’s control, then the Muni cipality
may request an extension of up to twelve (12) months in which to commit the funds to eligible expenditures.
E xtension Requests must contain sufficient justifi cation and be submitted to the D istrict in writing no later than
three (3) months before the funds are to lapse.
5.The decision to grant an extension i s at the sole discretion of the D istri ct.
6.F unds still uncommitted to eli gible expenditures after an extension is granted will be subject to lapsed funding
procedures wi thout exception. E xample B elow.
Fiscal Year
Transferred
Funds Lapse
After
E xtension
Request D ue
C ommit By
2019-20 6/30/2025 No later than
3/31/2025
No later than
6/30/2026
B -21. Munici pal P roject A ccess
Upon reasonable advance request, the Municipality shall ensure that the D istrict or any authorized representative, will
have safe and suitable access to the site of any P roject i mplemented by the Municipality in whole or in part with S C W
P rogram P ayments at all reasonable times.
B -22. Non-D iscrimi nation
The Municipality agrees to abide by all federal, state, and C ounty laws, regulations, and policies regardi ng non-
discrimination i n employment and equal employment opportuni ty.
B -23. No Third-P arty Rights
The parties to this A greement do not create rights in, or grant remedies to, any third party as a beneficiary of thi s
A greement, or of any duty, covenant, obligation, or undertaking establi shed herein
B -24. Notice
1.The Municipali ty shall notify the D istrict in writing within five (5) working days of the occurrence of the following:
a.B ankruptcy, insolvency, receivership or similar event of the Municipality; or
b.A cti ons taken pursuant to S tate law in anticipation of filing for bankruptcy.
2.The Municipali ty shall notify the D istrict wi thin ten (10) working days of any litigation pending or threatened agai nst
the Municipali ty regarding its continued existence, consi deration of dissolution, or disincorporation.
3.The Municipali ty shall notify the D istrict promptly of the following:
a.A ny signifi cant deviation from the submitted A nnual P lan for the current F iscal Year, including di scussion of any
major changes to the scope of funded projects or programs, noteworthy delays i n implementation, reduction i n
benefits or community engagement, and/or modificati ons that change the S C W P rogram Goals intended to
be accomplished.
b.D iscovery of any potenti al archaeologi cal or historical resource. S hould a potenti al archaeologi cal or histori cal
resource be discovered during construction, the Municipality agrees that all work in the area of the find will
cease until a qualified archaeologist has evaluated the situation and made recommendations regarding
preservation of the resource, and the D istrict has determined what actions should be taken to protect and
preserve the resource. The Municipality agrees to implement appropriate actions as di rected by the D istrict.
c.A ny public or medi a event publicizing the accomplishments and/or results of this A greement and provide the
opportunity for attendance and participation by D istrict representati ves wi th at least fourteen (14) days’ notice
to the D istri ct.
B -25. Munici pality’s Responsibili ty for Work
The Municipality shall be responsible for all work and for persons or entities engaged in work performed pursuant to thi s
A greement including, but not limited to, contractors, subcontractors, suppliers, and providers of services. The
Municipality shall be responsible for responding to any and all disputes arising out of its contracts for work on the P roject.
The D i strict will not mediate disputes between the Muni cipality and any other entity concerning responsibility for
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performance of work.
B -26. Reporting
The Municipality shall be subject to and comply wi th all applicable requirements of the D istri ct regarding reporting
requirements. Municipalities shall report available data through the S C W Reporting Module, once available.
1.A nnual P rogress/E xpenditure Reports. The Municipality shall submit A nnual P rogress/E xpenditure Reports,
using a format provided by the D istrict, within six (6) months following the end of the F iscal Year to the D i strict to
detail the activities of the pri or year. The A nnual P rogress/E xpenditure Reports shall be posted on the D istrict’s
publicly accessible website and on the Municipali ty’s website. The A nnual P rogress/E xpenditure Report shall
i nclude:
a.A mount of funds received;
b.B reakdown of how the S C W P rogram P ayment has been expended;
c.D ocumentation that the S C W P rogram P ayment was used for eligi ble expenditures in accordance wi th
C hapters 16 and 18 of the C ode;
d.D escription of acti vities that have occurred, mi lestones achieved, and progress made to date, during the
applicable reporti ng period including compari son to the A nnual P lan and corresponding metri cs;
e.D iscussion of any existing gaps between what was planned and what was achieved for the prior year, include
any lessons learned;
f.D escription of the Water Quality B enefits, Water S upply B enefits, and C ommunity Investment B enefits and a
summary of how S C W P rogram P ayments have been used to achieve S C W P rogram Goals for the prior
year, including graphical representation of available data and speci fic metrics to demonstrate the benefits
being achi eved through the years’ investments.
g.D iscussion of alignment with other local, regional, and state efforts, resources, and plans, as applicable. Thi s
includes di scussion of opportuni ties for addressing additional S C W P rogram Goals, leveragi ng S C W
P rogram Goals, and increasing regional capacity to supplement the S C W P rogram.
h.A dditional financial or P roject-related information in connection wi th activity funded in whole or i n part using
S C W P rogram P ayments as required by the D istrict.
i .C ertification from a C ali fornia Registered P rofessional (C i vil E ngi neer or Geologist, as appropriate), that
projects implemented wi th S C W P rogram P ayments were conducted in accordance with C hapters 16 and 18
of the C ode.
j.Report on annual and total (since inception of program) benefits provided by programs and projects funded by
S C W P rogram P ayment. This i ncludes comparisons to annual plans and alignment wi th corresponding
specific quantitati ve targets and metrics (note that S C W Reporting Module will facilitate calculation of benefi ts
and graphi cal representation of pertinent data):
i.A nnual volume of stormwater captured and treated
ii.A nnual volume of stormwater captured and reused
iii.A nnual volume of stormwater captured and recharged to a managed aquifer
iv.A nnual creation, enhancement, or restoration of C ommunity Investment B enefits. If none, discuss
considerations explored and reasons to not i nclude.
v.A nnual acreage increases in Nature-B ased S oluti ons and claimed level of NB S (with matrix
demonstrating determination of good, better, best, as outlined in E xhibit C ). If none, di scuss
considerations explored and reasons to not i nclude.
vi.A nnual expendi tures providing D A C B enefi ts. If none, discuss considerations explored and reasons
to not include.
2.D ocumentation of the C ommunity Outreach and E ngagement utilized for and/or achi eved with the S C W P rogram
P ayment described in the A nnual P lan E xhibit A . This informati on must be readily accessi ble to members of the
public.
3.A s Needed Informati on or Reports. The Municipality agrees to promptly provide such reports, data, and
i nformation as may be reasonably requested by the D istrict including, but not limited to material necessary or
appropriate for evaluation of the S C W P rogram or to fulfill any reporting requi rements of the C ounty, state or
federal government.
B -27. Representations, Warranties, and C ommitments
The Municipality represents, warrants, and commits as follows:
1.A uthorization and Vali dity. The execution and delivery of this A greement, including all incorporated documents, by
the individual si gning on behalf of Municipality, has been duly authorized by the governing body of Municipality, as
applicable. Thi s A greement constitutes a valid and bindi ng obligation of the Municipality, enforceable in
accordance with its terms, except as such enforcement may be limited by law.
2.No Violations. The execution, delivery, and performance by the Munici pality of this A greement, including all
i ncorporated documents, do not violate any provision of any law or regulation i n effect as of the date set forth on
the first page hereof, or result in any breach or default under any contract, obligation, indenture, or other instrument
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to which the Municipality is a party or by which the Munici pality is bound as of the date set forth on the first page
hereof.
3.No L iti gation. There are no pending or, to the Municipality’s knowledge, threatened actions, claims, investigations,
suits, or proceedings before any governmental authority, court, or administrati ve agency which affect the
Municipality's ability to complete the A nnual P lan.
4.S olvency. None of the transactions contemplated by this A greement will be or have been made wi th an actual
i ntent to hinder, delay, or defraud any present or future creditors of the Municipality. A s of the date set forth on the
fi rst page hereof, the Munici pality is solvent and will not be rendered insolvent by the transactions contemplated by
this A greement. The Municipality is able to pay its debts as they become due.
5.L egal S tatus and E ligibility. The Municipality is duly organized and exi sting and in good standing under the laws of
the S tate of C aliforni a. The Munici pality shall at all times maintain its current legal existence and preserve and
keep in full force and effect i ts legal rights and authority.
6.Good S tanding. The Munici pality must demonstrate it has not failed to comply with previous C ounty and/or D istrict
audit di sallowances within the preceding fi ve years.
B -28. Travel
A ny reimbursement for necessary ground transportation and lodging shall be at rates not to exceed those set by the
C alifornia D epartment of Human Resources; per diem costs wi ll not be eligi ble expenses. These rates may be found at
http://www.calhr.ca.gov/employees/P ages/travel-reimbursements.aspx. Reimbursement will be at the S tate travel
amounts that are current as of the date costs are i ncurred by the Muni cipality. No travel outside the L os A ngeles C ounty
F lood C ontrol D istrict region shall be reimbursed unless prior written authori zation i s obtai ned from the P rogram
Manager.
B -29. Unenforceable P rovision
In the event that any provision of this A greement i s determined by a court of competent jurisdiction to be unenforceable,
the parti es agree that all other provisions of this A greement have force and effect and shall not be affected thereby.
B -30. W ithholding of D isbursements and Material Violations
Notwithstanding any other provision of this A greement, the D istrict may withhold all or any portion of the S C W P rogram
P ayment for any F iscal Year in the event that:
1.The Municipali ty has violated any provision of this A greement; or
2.The Municipali ty fails to mai ntain reasonable progress in achieving S C W P rogram Goals, following an
opportunity to cure.
3.F ailure to remain in Good S tanding, descri bed in S ecti on B -26 of E xhibit B .
4.F ailure to submit annual reports on meeting S C W P rogram Goals.
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E XH IB IT C – N AT U R E B ASE D SOLU T ION S (N B S) B E S T MAN AGE ME N T PR AC TIC E S
Municipalities shall consider incorporation of Nature-based solutions (NB S ) i nto their projects. NB S refers to the
sustainable management and use of nature for undertaki ng socio-envi ronmental challenges, including climate change,
water security, water pollution, food security, human health, and disaster risk management. A s this environmental
management practice is increasingly incorporated into projects for the S C W P rogram, this guidance document may be
expanded upon to further quantify NB S practices based on benefits derived from their incorporati on on projects.
The S C W P rogram defines NB S as a P roject that utilizes natural processes that slow, detain, infiltrate or filter
S tormwater or Urban Runoff. These methods may include relying predominantly on soils and vegetation; i ncreasing the
permeability of Impermeable A reas; protecting undeveloped mountains and floodplains; creating and restoring riparian
habitat and wetlands; creating rain gardens, bioswales, and parkway basins; enhancing soil through composting,
mulching; and, planting trees and vegetati on, with preference for native species. NB S may also be designed to provide
additional benefits such as sequestering carbon, supporting bi odiversi ty, providing shade, creating and enhancing parks
and open space, and i mprovi ng quality of life for surrounding communi ties. NB S include P rojects that mimic natural
processes, such as green streets, spreading grounds and planted areas with water storage capacity. NB S may capture
stormwater to improve water quality, collect water for reuse or aquifer recharge, or to support vegetation growth utilizing
natural processes.
Municipalities are to i nclude i n each A nnual P rogress/E xpenditure Report whether and how their project achieves a
good, better, or best for each of the 6 NB S methods in accordance wi th the guidance below. A ddi tionally, A nnual
P rogress/ E xpenditure Reports should include di scussion on any considerations taken to maximi ze the class wi thin each
method. If at least 3 methods score within a single class, the overall project can be characterized as that class.
Municipalities must attach a copy of the matrix for each project with the good, better, or best column indicated for each
method, to facilitate D istrict tracking of methods being utilized.
ME T H OD S GOOD B E T T ER B E S T
Vegetation/Green
S pace
Use of climate
appropriate, eco-friendly
vegetati on
(groundcover, shrubs, and
trees) / green space 5%-
15% covered by
new cli mate-appropriate
vegetati on
Use of native, climate
appropriate, eco-fri endly
vegetation
(groundcover, shrubs, and
trees) / green space 16%-
35% covered by new
native vegetation
E stablishment of plant
communiti es with a
diversity of native
vegetation
(groundcover, shrubs, and
trees) / green space that is
both native and cli mate-
appropriate
More than 35% covered by
new native vegetation
Increase of
P ermeability
Installation of vegetated
landscape – 25%-49%
paved area removed
Redesi gn of existing
i mpermeable surfaces
and/or installati on of
permeable surfaces (e.g.
permeable pavement and
i nfiltrati on trenches)
Installation of vegetated
landscape – 50%-74%
paved area removed
Improvements of soil health
(e.g., compaction
reduction)
Installation of vegetated
landscape – 75%-100%
paved area removed
C reation of well-connected
and self-sustained natural
landscapes with healthy
soils, permeable surfaces,
and appropriate vegetation
P rotection of
Undeveloped
Mountains &
F loodplains
●P reservation of nati ve
vegetati on
●Minimal negative impact
to existi ng drainage
system
●P reservati on of native
vegetation
●Installation of new
feature(s) to improve
existing drai nage system
●C reation of open green
space
●Installation of features to
improve natural hydrology
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C reation &
Restoration of
Riparian Habitat &
Wetlands
●P artial restoration of
existing riparian habitat
and wetlands P lanti ng of
climate appropriate
vegetati on between 11 and
20
different climate
appropriate or native plant
species newly planted
●No potable water used to
sustain the wetland
●F ull restoration of existing
riparian habitat
and wetlands
●P lanting of native
vegetation - between 21
and 40 different nati ve
plant species newly
planted
●No potable water used to
sustai n the wetland
●F ull restoration and
expansion of existi ng
riparian habitat and
wetlands P lanting of plant
communiti es with a
diversity of native
vegetation – between 41
and 50 different native
plant speci es newly
planted
●No potable water used to
sustain the wetland
New L andscape
E lements
E lements desi gned to
capture runoff for other
simple usage (e.g. rain
gardens and cisterns),
capturi ng the 85th
percentile 24-hour storm
event for at least 50% of
the entire parcel
E lements that desi gn to
capture/redirect runoff and
filter pollution (e.g.
bioswales and parkway
basins), capturing the 85th
percentile 24-hour storm
event from the
entire parcel
L arge sized elements that
capture and treat runoff to
supplement or replace
existing water systems
(e.g. wetlands, daylighting
streams, groundwater
infiltration, floodplain
reclamation), capturing the
90th percentile 24-hour
storm event from the enti re
parcel and/or capturing off-
site runoff
E nhancement of S oil
Use of soil amendments
such as mulch and
compost to retain moisture
i n the soil and prevent
erosion
P lanting of new climate
appropriate vegetation to
enhance soil organic
matter
Use of soil amendments
such as mulch and
compost that are locally
generated to retain
moisture in the soil, prevent
erosi on, and support locally
based composting and
other
soil enhancement
activities
P lanting of new nati ve,
climate-appropriate
vegetation to enhance soil
organic matter
Use of soi l amendments
such as mulch and
compost that are locally
generated, especi ally use
of next-generation design
with regenerative
adsorbents (e.g.
woodchips, biochar) to
retain moi sture in the soi l,
prevent erosion, and
support on-site
composting and other
soil enhancement
activities
P lanting of new native,
climate appropriate
vegetation to enhance soil
organic matter
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E X H IB IT D – OP E R AT ION S AN D MAIN T EN AN C E GU ID AN C E D OC U MEN T
Municipalities shall operate and maintain infrastructure projects for the useful life of the project and are to consider using
the following guidance for operations and maintenance for infrastructure projects. Operational maintenance is the care
and upkeep of P rojects that may require detailed techni cal knowledge of the P roject’s functi on and design. P roject
specific operational and maintenance plans shall consider the activities listed below and set forth specifi c activities and
frequencies (not limited to those below) as determined to be appropriate by the Muni cipali ti es and best practices,
including stakeholder engagement as applicable. Operational maintenance is to be performed by the operator of the
P roject with a purpose to make the operator aware of the state of readiness of the P roject to deliver stormwater and
urban runoff benefits.
1.L itter C ontrol
•Regular removal of li tter, nonhazardous waste materials, and accumulated debris near planted areas, rock
areas, decomposed granite areas, rest areas, fence perimeters, adjoi ning access roads and driveways,
drains, pedestrian trails, viewing stations, shelter houses, and bicycle pathways.
•Regular inspection and maintenance of pet waste stations.
•Maintai ning trash receptacles.
•Removal of trash, debris, and blockages from bioswales.
•Inspecti on and cleani ng of trash booms.
•Inspecti on of weir gates and stop logs to clean debris, as required.
2.Vegetation Maintenance
•Weed control
o Recognition and removal of weeds, such as perennial weeds, morning glory, vine-type weeds,
ragweed, and other underground spreading weeds.
o Avoiding activities that result in weed seed germi nation (e.g. frequent soil cultivation near trees or
shrubs).
o Regular removal of weeds from landscape areas, includi ng from berms, painted areas, rock areas,
gravel areas, pavement cracks along access roads and driveways, drains, pedestrian trails, viewi ng
stations, park shelters, and bicycle paths.
•Tree and shrubbery trimming and care
o Removal of dead trees and elimination of diseased/damaged growth.
o P revent encroachment of adjacent property and provide vertical clearance.
o Inspect for dead or di seased plants regularly.
•Wetland vegetation and landscape maintenance
o Installation and maintenance of hydrophytic and emergent plants in perennially wet and seasonal,
i ntermi ttent habitats.
o D raining and drawdown of wetland and excessive bulrush removal
o Weed and nui sance plant control.
o Removal of aquatic vegetation (e.g. algae and primrose) using appropriate watercraft and
harvesting equipment.
o Wildflower and meadow maintenance.
o Grass, sedge, and yarrow management.
o Removal of unwanted hydroseed.
3.Wildlife Management
•E xotic species control.
•P rovide habitat management; promote growth of plants at appropriate densities and promote habitat
structure for animal species.
•P rotect sensitive animal species (e.g. protection during critical life stages including breedi ng and
migrati on).
•Avoid disturbances to nesting birds.
•Avoid spread of invasive aquatic species.
4.F acility Inspection
•Inspect project sites for rodent and i nsect i nfestations on a regular basis.
•Inspect for and report graffiti in shelter houses, viewing stations, benches, paving surfaces, walls, fences,
and educational and directional signs.
•Inspect facilities for hazardous conditions on roads and trails (e.g. access roads and trails, decomposed
granite pathways, and maintenance roads).
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•Inspect shade structures for structural damage or defacement.
•Inspect hardscapes.
•Inspect and maintain interpretive and informational signs.
•Inspect site furnishings (e.g. benches, hitching posts, bi cycle racks).
•Maintai n deck areas (e.g. benches, signs, decking surfaces).
•Visually inspect weirs and flap gates for damage; grease to prevent locking.
•Inspect all structures after major storm events, periodically inspect every 3 months, and operate gates
through full cycles to prevent them from locking up.
5.Irrigation S ystem Management
•E nsuring automatic i rrigation controllers are functioning properly and providing various plant species with
proper amount of water.
o C ycle controller(s) through each station manually and automatically to determine if all facets are
functioni ng properly.
o Inspection should be performed at least monthly.
o Recover, replace, or refasten displaced or damaged valve box covers.
o Inspect and repair bubbler heads.
o Repair and replace broken drip lines or emitters causing a loss of water (to prevent ponding and
erosion).
o Maintain drip system filters to prevent emitters from clogging. Inspection and cleaning should occur
at least monthly.
o Inspect and clean mai nline filters, wye strainers, basket fi lters, and filters at backflow devices twice a
year.
o Maintain and check function of the drip system.
•K eeping irrigation control boxes clear of vegetation.
•Operating irrigation system to ensure it does not cause excessively wet, waterlogged areas, and slope
failure.
•Utilizing infrequent deep watering techniques to encourage deep rooti ng, drought tolerant plant
characteristics to promote a self-sustaining, irrigation free landscape.
•D etermine watering schedules based on season, weather, vari ation in plant size, and plant varieties. A t
least four times a year (e.g. change of season), reschedule controller systems.
•Turn off irrigati on systems at the controller at the beginni ng of the rainy season, or when the soil has a high
enough moisture content.
•Use moisture sensing devices to determine water penetration i n soil.
6.E rosion Management and C ontrol
•Inspect slopes for erosion during each mai ntenance acti vity.
•Inspect basins for erosion.
•Take corrective measures as needed, including fi lling eroded surfaces, reinstalling or extending bank
protecti on, and replanting exposed soil.
7.Ongoing Monitoring A ctivities
•Monitor controllable i ntake water flow and water elevation.
•E xamine inflow and outflow structures to ensure devices are functioning properly and are free of
obstructions.
•Water quality sampling (quarterly, unless justified otherwi se).
•C hecki ng telemetry equipment.
•Tracking and reporting inspection and mai ntenance records.
8.Vector and Nui sance Insect C ontrol
•Monitoring for the presence of vector and nuisance insect speci es.
•A dequate pretreatment of influent wastewater to lessen production of larval mosquitos.
•Managing emergent vegetati on.
•Using hydraulic control structures to rapidly dewater emergent marsh areas.
•Managing flow velocities to reduce propagation of vectors.
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State of California )
County of Los Angeles ) ss
) City of Hermosa Beach
September 18, 2024
Certification of Council Action
RESOLUTION NO. RES-24-7452
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA APPROVING A TRANSFER AGREEMENT BETWEEN
THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT AND CITY OF
HERMOSA BEACH, AGREEMENT NO. 2024MP32 SAFE, CLEAN
WATER PROGRAM — MUNICIPAL PROGRAM
I, Myra Maravilla, City Clerk of the City of Hermosa Beach do hereby certify that
the above and foregoing Resolution No. RES-24-7452 was duly approved and
adopted by the City Council of said City at its regular meeting thereof
held on the 10th day of September, 2024 and passed by the following vote:
AYES: MAYOR FRANCOIS, MAYOR PRO TEMPORE SAEMANN,
COUNCILMEMBERS DETOY, JACKSON AND MASSEY
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
________________________________
Myra Maravilla,
City Clerk
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