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CC - Item 4A - Authorization To Continue Participation In The Coalition For Practical Regulation Of Stormwater Dischargestaf epor TO: HONORABLE MAYOR . AND MEMBERS ROSEMEAD CITY COUNCIL FROM: FRANK G. TRIPEPI, CITY MANAGER DATE: DECEMBER 12, 2000 RE: AUTHORIZATION TO CONTINUE PARTICIPATION IN THE COALITION FOR PRACTICAL REGULATION OF STORMWATER DISCHARGE At the regular March 28, 2000 meeting, the City Council adopted Resolution No. 00-13 supporting the City of Signal Hill's petition that appealed an action by the Los Angeles Regional.Water Quality Control Board that imposed more restrictive new development standards for stormwater clean-up. On April 11, 2000, the Council took follow-up action to join Signal Hill and other effected cities in the appeal. Additionally, the Council approved the expenditure of an amount not to exceed $2,500 to cover expenses for professional services, presentation development and incidental travel. The appeal to the State Water Quality Control Board was only partially successful and the next opportunity for addressing stormwater measures is during the upcoming renewal of the NPDES Permit. The Regional Board requires that the NPDES permit be renewed every five years and the County of Los Angeles is currently drafting the new NPDES permit with the Regional Board. The original group of petitioning cities has now grown to thirty-three and is called the Coalition for Practical Regulation. The Coalition is managed by a Steering Committee that consists of councilmembers, city managers, public works directors, and technical staff. The Coalition has determined that it needs to actively participate in the NPDES permit review process as well as the Trash TMDL (Total Maximum Daily Loading) Order. The Coalition's proposed work plan includes legal and technical support to member cities that will necessitate assessing each city an additional $10,000 (Note: Adequate funding is available in the adopted city budget for this activity under the NPDES program - 4720-4260 Fund 01) for the current period through December 31, 2001. The Coalition is also looking ahead to drafting legislation for statewide standardization of TMDL and state funding for implementation. Membership does not commit Rosemead to an), legal action or petition. RECOMMENDATION: Staff recommends that the City Council authorize continued participation in the Coalition for. Practical Regulation. r DEC ~ 2 2000 J. rEh November 16, 2000 Bellflower - - Bell Gardens MEMORANDUM . Burbank " Cerritos TO: CITY MANAGERS Commerce LOS ANGELES COUNTY Compton Diamond Bar FROM: KENNETH C. FARFSING Downey CITY MANAGER Hawaiian Gardens CITY OF SIGNAL HILL. Huntington Park Industry SUBJECT: NPDES PERMIT- RESULTS OF COUNTYWIDE Irwindale MEETING - REQUEST FOR MEMBERSHIP "La Canada Flintridge La Mirada This memo is provided as a brief update for those managers and staff La Verne who could not attend the countywide briefing on the new NPDES Lakewood permit held in the City of Downey on November 14th. Attached to this Lawndale memo are the important informational handouts from the.meeting. We Monrovia are requesting that you consider either joining the Coalition or Montebello continuing your membership. We request a response by January 2, Palos Verdes Estates 2001, since the review of the new NPDES permit is currently Paramount underway. Pico Rivera . Pomona Besides the original .33 cities in the Coalition, 14 additional cities Rancho Palos Verdes attended the briefing. A portion of the meeting was devoted to a Rosemead briefing on the major problems that cities face with the new NPDES Santa Fe Springs permit and the Trash TMDL Order. There was a general consensus San Gabriel that the Coalition needs to move to the next phase review and Signal Hill response to the NPDES permit and the Trash TMDL Order. We South Gate discussed a proposed budget and work program that will support the Vernon Walnut Coalition's activities for the next year. Whittier The work program includes providing legal and technical support to the member cities as we deal with the new permit and the TMDL orders. We are also anticipating the need for legislation. We have broken down the $10,000 annual membership fee into two fiscal year payments. The first six-month period is January 1, 2001, to June 30, 2001. The second six-month period would begin July 1, 2001. - I have attached a draft staff report, if you need supporting materials to' discuss this request with your City Council. Also attached is a draft commitment letter that you need to return if you wish to continue your participation in the Coalition or if you are interested in joining. Thank you for the time spent in studying this request and the materials. Please do not hesitate to contact me at 562-989-7302 if you have any questions or need additional information. I can be reached by e-mail at kfarfsing(o)ci-signal-hill.ca.us. c: Steering Committee Attachments Coalition for Practical Regulation Draft Budget - NPDES Permit Review January 1, 2001 to December 31, 2001 Bellflower Bell Gardens - Expenses Burbank Cerritos Work Item/Task Cost Commerce Compton Coalition Support/ Management Services $60,000 Diamond Bar Downey Legal Support Hawaiian Gardens - Huntington Park. NPDES Permit Review $30,000 Industry TMDL Order " $20,000 Steering Committee Meetings $20,000 Irwindale (16 meetings) La Canada Flintridge Coordination of cities/ resource La Mirada and support for individual city staff $30,000 La Verne Legislation/ drafting, committee Lakewood attendance/ $50,000 Lawndale Monrovia Subtotal $150,000 $150,000 Montebello Palos Verdes Estates NPDES Permit Fee (optional)" $10,000 Paramount Pico Rivera Legislative Support (Jan through June 30") $45,000 Pomona 9 month retainer at $5,000 per month for Rancho Palos Verdes Sacramento support only Rosemead Santa Fe Springs Technical Support/ Expert Testimony $35,000 San Gabriel Signal Hill Copy charges, travel expenses, misc $10,000 South Gate Contingency $35,000 Vernon Walnut Public Relations (donated) Whittier Total $345,000 Revenues 33 member cities x $10,454,= $345,000 2 payments of $5,000 (1st payment Dec 15 In and 2nd payment due July 15, 2001) November 1 2000 Ken Farfsing, City Manager City of Signal Hill 2174 Cherry Avenue Signal Hill, CA 90806 Re: CPR Membership Dear Mr. Farfsing: D FT The City of is interested in participating in the Coalition for Practical. Regulation (CPR). The Coalition was formed to represent Los Angeles County cities in the upcoming review of the NPDES Permit, which is currently being drafted by Los Angeles County for submittal to the Regional Water Quality Control Board. We understand that CPR originally consisted of 33 cities and that an effort is underway to continue the organization and to encourage other cities to join. The anticipated Coalition activities include coordination of the cities comments, legal review of the NPDES Permit and proposed legislation. CPR is guided by a Steering Committee consisting of elected officials, city managers and public works officials. CPR will also be reviewing and commenting on the upcoming Trash TMDL Order to be issued by the Regional Board. The CPR Steering Committee will provide periodic updates to the member cities. CPR has an estimated budget of $345,000 during the next, one-year period. The Coalition's work is scheduled to begin on December 15, 2000. We understand that the per-city membership fee will be $10,000. Additionally, we understand that the first six-month invoice will be $5,000 and, if necessary, the second $5,000 invoice will be sent out on July 15, 2001, to cover the remaining six months of the work program. We also understand that the CPR budget may be modified based on the number of cities that eventually join and by the CPR Steering Committee. The Coalition will keep us informed of changes to the overall budget and membership fee. 1 We understand that the City of Signal Hill will retain the consultants necessary to carry out the Coalition's work plan and is planning on being reimbursed for these expenses from the membership fee. This letter is not a binding commitment of the City and our CPR membership can be withdrawn at any time. We understand if we withdraw after payment of the membership fee, that the fee will not.be reimbursed. This letter does not commit our City to any legal action or petition anticipated by the Steering Committee and we understand that the City of Signal Hill is the sole client for purposes of all legal work anticipated at this time. Sincerely, City Manager } November 1 2000 MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: SUBJECT: NPDES PERMIT RENEWAL/ COALITION FOR PRACTICAL REGULATION Summary: Los Angeles County is in the process of drafting the new National Pollution Discharge Elimination System,(NPDES) permit. A group of Los Angeles County cities are concerned that the terms of the permit will mandate expensive new municipal programs. This report explores the continuation of a Coalition of local cities organized to respond to the permit renewal. The Coalition Steering . Committee is currently asking the cities to renew. their membership and for other Los Angeles County cities to join the effort. Request: Council review and comment is requested. Recommendation: Council should authorize the City to (continue to participate in or join) the Coalition for Practical Regulation (Coalition). Fiscal Impact: The Coalition is requesting $10,000 in membership dues, spread over two fiscal years. The first $5,000 payment would be made this fiscal year. If necessary, the second $5,000 payment would be made on July 1, 2001. Background: A coalition of 33 Los Angeles cities was formed in February of this year to respond to storm water regulations prepared by the Los Angeles Regional Water Quality Board. The Coalition is managed by a Steering Committee, consisting of council members, city managers, public works officials and technical staff. A copy of the Coalition members and Steering Committee is attached to this memo. The Coalition petitioned the State Water Quality Control Board, requesting modifications to storm water mandates imposed by the Regional Board in June of this year. Known as SUSMPS or Standard Urban Storm Water Mitigation Plans, they required new storm water measures for development. The State Board ruled on the Coalition's petition in October. All Los Angeles County cities are required to modify their SUSMP ordinances by February 15, 2001, based on the results of the petition. SUSMPS are outgrowths of the NPDES permit granted in 1996. The Federal Clean Water Act was amended in 1987 to require NPDES permits for all storm drain operators: Los Angeles County became the principal permittee under the NPDES permit and the cities were permittees under the countywide permit. A .second NPDES permit was negotiated with the Regional Board'in 1996. It contained the requirement of the development of six model programs, including the requirement to develop the SUSMPS. Besides the SUSMP programs, the 1996 NPDES permit mandated improved street sweeping programs, increased frequency of storm drain catch basin cleaning, stenciling of storm drain inlets, increased property inspections, and education programs. Renewal of the NPDES Permit The Regional Board requires that the NPDES permit be renewed every five years. Many cities felt in 1996 that Los Angeles County left them out and uniformed of the negotiations over the NPDES permit . Cities also felt there was insensitivity to_the budget impacts of the new programs on the cities. Los Angeles County is currently drafting the new NPDES permit with the Regional Board. There are several problems with the new permit: Terms of the new NPDES permit would be "open ended" Under the terms of the existing NPDES permit, cities that implement the specified programs are deemed to be in compliance. Compliance is critical, since it protects the city from costly environmental litigation and Regional Board fines. Once you have implemented the NPDES programs, you are relieved from environmental liability under the Clean Water Act and State laws. Specific programs were negotiated as terms of the permit in 1996. The programs under the new NPDES permit are proposed to be "open ended". A series of new. regulations would be amended into the permit during the next five-year period. The best example of the "open ended" nature of the permit is the TMDL (total Maximum Daily Loading) requirements. Total maximum daily loads of various constituents would be set and measured at city storm drains. An example is the TMDL dealing with trash in the storm water. There are several other TMDL's anticipated during the life of the permit - copper in storm water, dissolved solids, etc. Once cities comply with one regulation, the compliance bar is moved higher. Cities will continually be shooting at a moving target. . Compliance may be impossible - Cities would be unnecessarily exposed to environmental litigation The new NPDES permit proposes.tying compliance to the results of water testing and monitoring programs. Many of the program goals have no scientific or public health basis. For example on the Trash TMDL, the Board is proposing a "zero tolerance" standard. Cities will be held liable, no matter what programs they have implemented, and if any trash is found in local storm water. Cities will be exposed to environmental litigation based on compliance with program goals that are impossible to achieve. Goals of the Coaltion The CPR Steering Committee established several goals. Support Clean Storm Water - The Coalition supports clean storm water, but they do not believe that the financial burden should be shifted to the cities. The Coalition supports working with the Board and other parties to have a reasonable NPDES permit, however the region cannot afford to clean storm water to "drinking water quality". Cities Need A Coordinated Response - The Coalition believes that Los Angeles County cities need to coordinate their response to the NPDES permit and stay involved in the permit review and the development of the TMDL's, including Regional Board hearings. The Coalition can assist the cities in understanding the proposed permit requirements and in formulating responses. Regional Solutions - The Los Angeles County Flood Control District was formed to control storm water and move it efficiently out to the rivers and ocean. They have funding authority and mechanisms in place to solve the storm water problems on a regional basis. The Coalition wants to engage the County staff and the Board of Supervisors to use the District. The Coalition wants to work with State officials to improve funding for regional solutions. Legislation - The Coalition supports reasonable changes to the Porter-Cologne Act, the State regulations on clean water. Analysis: The Coalition is proposing a work plan for the six-month period from January 1, 2001, to June 30, 2001. This period would include the technical and legal review of the new NPDES permit and the Trash TMDL Order for the Los Angeles River. The Regional Water Quality Control Board has indicated that the Los Angeles River TMDL will be the "standard" for other regional rivers to follow. This six- month time period will also involve drafting of legislative amendments to the Porter-Coigne Act. The initial cost of city membership is $5,000. The second six-month period, from July 1, 2001,.to December 31, 2001,.will include continuation of the permit review, if necessary and continuation of the legislative effort. During this same period of time, the Coalition will provide support services. A copy of the proposed Coalition budget is attached. The Coalition will provide periodic updates for member cities. The Coalition's draft budget is $345,000 during the one-year period. The Steering Committee will review the work plan and adjust the budget based on the number of cities that will eventually extend their membership and new cities that join. The Coalition will keep us informed of changes to overall budget and any proposed increase in the membership fees. The City of Signal Hill is retaining the various consultants to complete the work plan. They plan on being reimbursed for these expenses from the membership fee. Joining the Coalition is not a binding commitment by the City and our CPR membership can be withdrawn at any time. Membership does not commit our City to any legal action or petition anticipated by the Steering Committee. Attachments: CPR Members CPR Steering Committee Authorization Letter Mayor Bill Wiggins Amil Gandhy, Interim City Manager City of Burbank City of Bell Gardens Mr. Bruce Feng Bud Ovrom, City Manager Public Works Director City of Burbank City of Burbank Art Gallucci, Executive Director Councilmember Eileen Ansari City of Cerritos City of Diamond Bar Raul T. Romero, City Administrator Mr. Dezi Alvarez City of Commerce Public Works Director City of Downey John D. Johnson, City Manager City of Compton Mr. Greg Kordnor Chief Administrative Officer Terrence L. Belanger, City Manager City of Huntington Park City of Diamond Bar Mr. Patrick West Gerald M. Caton, City Manager . City Manager City of Downey City of Paramount Anthony B. Lopez, City Administrator Mayor Garth G. Gardner City of Hawaiian Gardens City of Pico Rivera Gregory D. Korduner, City Administrator Councilmember John McTaggart City of Huntington Park City of Rancho Palos Verdes Philip L. Iriarte, City Manager Mayor Margaret Clark City of Industry City of Rosemead Robert Griego, City Manager Councilmember Lara Blakely City of Irwindale City of Monrovia Jerry Fulwood, City Manager. Rich Montevideo City of La Canada Flintridge Rutan & Tucker Gary Sloan, City Manager Mr. David Smith City of La Mirada So.California BIA Martin R. Lomeli, City Manager Mayor Pro Tern Larry Forester City of La Verne City of Signal Hill Howard L. Chambers, City Administrator Mr. Ken Farfsing City of Lakewood City Manager M. Evangeline Schock, City Manager Mr. Ed Schroder City of Lawndale Public Works Director Donald R. Hopper, City Manager Michael J. Egan, City Administrator City of Monrovia City of Bellflower Richard Torres, City Administrator City of Montebello James Hendrickson, City Manager City of Palos Verdes Estates Dennis Courtemarche, City Manager City of Pico Rivera Douglas B. Dunlap, City Manager City of Pomona Lester G. Evans, City Manager City of Rancho Palos Verdes Frank G. Tripepi, City Manager City of Rosemead P. Michael Paules, City Manager City of San Gabriel Frederick W. Latham, City Manager City of Santa Fe Springs Andrew G. Pasmant, City Manager City of South Gate Bruce V. Malkenhorst, City Administrator City of Vernon Jeffrey C. Parker, City Manager City of Walnut Steve Helvey, City Manager City of Whittier Maria Dadian, Interim City Manager City of Artesia Ernie Garcia, City Manager City of Norwalk George Caravalho, City Manager City of Santa Clarita Sean Joyce, City Manager City of South Pasadena Jack Hazelrigg, PhD, Manager Greater Los Angeles County Vector Control District P. Sue Zuhlke San Gabriel Valley Vector Control District William R. Kelly, City Manager City of Arcadia e John Davidson, City Administrator City of Sierra Madre