CC - 2001-05 - Filing a Petition to the State Water Resource Control Board Contesting•
RESOLUTION NO. 01-05
•
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD AUTHORIZING THE FILING OF A PETITION TO THE
STATE WATER RESOURCES CONTROL BOARD CONTESTING
ACTIONS TAKEN BY THE CALIFORNIA REGIONAL WATER
QUALITY CONTROL BOARD, LOS ANGELES REGION, IN
CONNECTION WITH THE TRASH TOTAL MAXIMUM DAILY LOADS
FOR THE LOS ANGELES RIVER WATERSHED (JANUARY 25, 2001)
AND AUTHORIZING THE FILING OF A CHALLENGE RELATED TO
THE FAILURE OF THE REGIONAL BOARD TO COMPLY WITH
CEQA
WHEREAS, the California Regional Water Quality Control Board, Los Angeles Region
("Board") adopted the Trash Total Maximum Daily Loads for the Los Angeles River Watershed
("Regulations") on January 25, 2001;
WHEREAS, under the Regulations, the City, along with 53 other incorporated cities in
the Los Angeles County Watershed, will be required to establish programs that inventory the
water borne trash in the municipal storm drain system over the next 12-year period. The City
will also be required to reduce the amount of water borne trash over the same period, reaching
the legal requirement known as the "Zero TMDL", and
WHEREAS, the Regulations require that cities monitor water borne trash for the next
two years in order to establish a base line waste load. The base line waste load allocation will
be used to monitor the City's compliance with the trash reduction mandates in the Regulations.
The Regulations will require the City to implement programs and capital improvements to
reduce the base line waste load by 10 percent annually, until the City reaches the "Zero TMDL";
and
WHEREAS, the Board has not properly developed the TMDL in accordance with
Federal guidelines and the requirements of the Clean Water Act and the regulations thereunder,
and has not addressed the need for other programs to address trash from non-point sources and
the other point sources, including from State and Federal facilities; and
WHEREAS, the Board has not performed an appropriate fiscal and cost/benefit analysis
for the Regulations, has not considered whether the Regulations' numeric targets are attainable,
and whether the Regulations are necessary to implement water quality standards for its Los
Angeles River; and
WHEREAS, the Coalition for Practical Regulation ("Coalition"), a coalition of 38 Los
Angeles County cities, presented a cost-effective alternative trash reduction plan ("Coalition
Alternative") to the Board, which was designed to recognize the financial constraints placed
upon the cities in implementing the Regulations. The Coalition Alternative permits cities to
form regional problem solving groups, with Los Angeles County and other government agencies,
to implement cost-effective trash reduction programs, and
WHEREAS, the Coalition also requested that the "Zero TMDL" be a "goal" and not a
legally mandate imposed on cities, making cities liable for the actions of all individuals in the
County. As a legally enforceable mandate against the City, the City will be subjected to $25,000
per day fines and third party litigation, should any city fail to achieve the trash reduction limits in
any particular year, and
WHEREAS, the Coalition and other members of the public, presented testimony to the
Board explaining the defects of the Regulations and the financial crisis created if the Cities were
required to allocate potentially billions of dollars to fund the new programs over the next dozen
years, and continue to incur hundreds of millions of dollars thereafter, and
WHEREAS, the Coalition requested that the Board follow the procedures outlined in the
California Environmental Quality Act (CEQA), which require that the Board examine the
potential significant adverse environmental impacts from the Regulations on existing City
services, such as public safety, public works, and other municipal programs, but the Board has
not taken these into consideration, and
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WHEREAS, the Board has not discussed the Coalition Alternative and has not amended
the Regulations to incorporate any portion of the Coalition Alternative. The Board has not
adequately addressed the impacts of the Regulations on the environment and governmental
services, and has not re-circulated their Environmental Questionnaire after significant changes
were made to the questionnaire at the hearing, and
WHEREAS, we believe the actions taken by the Board on January 25, 2001, are
inconsistent with the requirements the Clean Water Act, State law, and CEQA, will result in the
imposition of the unsupportable programs on the City and its citizenry, whereby the economics
and a fiscal analysis of the mandated programs has not been conducted, and the financial
capability of the cities has not been considered, all as required under the Clean Water Act and
State Law.
NOW THEREFORE, be it resolved that the City Council of the City of Rosemead
agrees to the following.
SECTION 1. To participate with the Coalition in the filing of a Petition to the State
Water Resources Control Board challenging the action taken by the Los Angeles Regional Water
Quality Control Board in connection with the Trash Total Maximum Daily Loads for the Los
Angeles River Watershed on January 25, 2001.
SECTION 2. To participate with the Coalition in challenging, pursuant to the California
Environmental Quality Act, the action taken by the Los Angeles Regional Water Quality Control
Board in connection with the Trash Total Maximum Daily Loads for the Los Angeles River
Watershed on January 25, 2001.
SECTION 3. The City Clerk shall certify to the passage and adoption hereof.
PASSED, APPROVED, AND ADOPTED THIS 13°i DAY OF FEBRUARY 2001.
MAYOR
ATTEST:
CITY CCERII~
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF ROSEMEAD
C
I, Nancy Valderrama, City Clerk of the City of Rosemead, do hereby certify that the
foregoing Resolution No. 2001-05 being:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
CALIFORNIA, AUTHORIZING THE FILING OF A PETITION TO THE STATE
WATER RESOURCES CONTROL BOARD CONTESTING ACTIONS TAKEN BY
THE CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD, LOS
ANGELES REGION, IN CONNECTION WITH THE TRASH TOTAL MAXIMUM
DAILY LOADS FOR THE LOS ANGELES RIVER WATERSHED (JANUARY 25,
2001) AND AUTHORIZING THE FILING OF A CHALLENGE RELATED TO THE
FAILURE OF THE REGIONAL BOARD TO COMPLY WITH CEQA
was duly adopted at a Regular Meeting of the City Council on the 13'h day of February, 2001 by
the following vote to wit:
YES:
COUNCILMEMBERS:
BRUESCH, TAYLOR, CLARK, VASQUEZ,
NO:
COUNCILME MBERS:
NONE
ABSTAIN:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
IMPERIAL
NANCY VALI ERRAMA, CITY CLERK
AGENDA:CERTIFY
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