CC - Item 7A - Resolution Calling on State Electeds to Urge the Los Angeles Regional Water Quality Board to Ease MS4 Permit RequirementsROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: GLORIA MOLLEDA, CITY MANAGER
'I. W ,
DATE: APRIL 28, 2020
SUBJECT: RESOLUTION CALLING ON STATE ELECTEDS TO URGE THE LOS
ANGELES REGIONAL WATER QUALITY BOARD TO EASE MS4
PERMIT REQUIREMENTS
SUMMARY
The purpose of the resolution is to implore the Governor and the City of Rosemead's ("City")
State legislative representatives to impress upon the Los Angeles Regional Water Quality Board
("Regional Board") the need to spare the City and others from complying with the with
requirements that are not required by federal law. These include: (1) participation in an EWMP;
(2) the metals TMDLs that did not apply to the City. Further, the City and others that drain to
engineered channels are not required by State regulation to comply with the bacteria TMDL.
Both of these TMDLs account for about 95% of EWMP costs. The Resolution also asserts that
the City has been misassigned to the Upper Los Angeles River EWMP Group and instead should
be in Reach 2 of the Rio Hondo, which avoids significant TMDL compliance costs.
DISCUSSION
The City, along with other cities in the San Gabriel Valley, is challenged to comply with costly
Municipal Separate Storm Sewer System Permit ("MS4 Permit") requirements. Specifically, the
City is obligated to participate in the Upper Los Angeles River Watershed Management Program
Group and implement an Enhanced Watershed Management Program ("EWMP"). This program
requires the City and other cities' to, over a 20 -year period, construct and maintain infiltration
controls, the purpose of which is to: (1) comply with water pollution limits known Total
Maximum Daily Loads (TMDLs); and (2) augment groundwater supplies.
The problem is cost. For the City Rosemead, the annual cost to implement the EWMP is
estimated by Los Angeles County to be $5.7 million per year over a 20 year period. Even when
factoring -in the City's Measure W (Safe, Clean Water Program) tax revenue share, which is $1.1
1 Burbank, Glendale, Los Angeles, San Fernando, Alhambra, Montebello. Monterey Park, South EI Monte, San
Gabriel, San Marino, and Temple City.
AGENDA ITEM 7.A
City Council Meeting
April 28, 2020
Page 2 of 2
million per year, the City would still need to pay $4.1 million per year out of its General Fund.
Such an expenditure would have a serious negative impact on programs and services. Add to this
the expected reduction of sales, property, and business-related tax revenue caused by COVID-19
and the problem becomes even more grim. Even Measure W property tax revenue is likely to be
reduced because some Rosemead property owners will not be able to pay for their mortgages and
taxes. Relief from EWMP compliance, therefore, is urgently needed.
STAFF RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 2020-16
FISCAL IMPACT
The Resolution is aimed at reducing the City's MS4 Permit compliance costs to the extent of
avoiding the use of General Funds.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Attachment A: Council Member Margaret Clark's Letter to the Rosemead City Council
Attachment B: Environmental Protection Agency Article
Attachment C: Letter Signed by then Mayor Steven Ly Dated May 8, 2018
Attachment D: Resolution No. 2020-16
Attachment A
Council Member Margaret Clark's
Letter to Council
Dear Colleagues,
I am respectfully asking for your support of this resolution. As you know with
the Covid-19 crisis all cities including ours will be facing financial challenges and
we will need to be frugal wherever we can. We have been concerned for quite
some time that in regards to the stormwater regulations, our city was mis-
assigned to the wrong reach of the Rio Hondo River and since the EPA has de-
listed the metals TMDL's (Total Maximum Daily Loads) we will potentially be
able to save approximately $4 million per year by being correctly re -assigned to
Reach 2 of the Rio Hondo.
I have enclosed the letter signed by then Mayor Steven Ly which we authorized
dated May 8, 2018 where we raised these issues. I have also enclosed the
excerpt from the Federal Register in which EPA has withdrawn Lead from the
Federal Water Quality Criteria Applicable to California.
I would really appreciate your support on this resolution.
Sincerely,
Margaret Clark
Attachment B
Environmental Protection Agency Article
Federal Register Volume 83, Number 200 (Tuesday, October 18, 2018)]
(Rules and Regulations]
[Pages 52153.52159]
From the Federal Register Online via the Government Publishing Office L%n .,(.9.00vl
[FR Doc No: 2018.221701
ENVIRONMENTAL. PROTECTION AGENCY
40 CFR Part 131
(EPA -HO -OW -2017-0303; FRL-9985-34-OW)
RIN 2040-AF71
Water Quality Standards; Withdrawal of Certain Federal Water
Quality -Criteria Applicable to California: lead, Chlorodibromomethane,
and Dichlorobromomethene
AGENCY: Environmental Protection Agency (EPA). "
ACTION: Final rule.
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to amend the Federal regulations to withdraw certain freshwater
acute and chronic aquatic life water quality criteria and certain human
health (water and organisms) water quality criteria, applicable to
certain waters of California because California adopted, and the Agency
approved, criteria for these parameters that are protective of the uses
for the waterbodies. In this action, the EPA Is amending the Federal
regulations to withdraw those certain criteria applicable to California
as described in the December 11, 2017 proposed rule. The withdrawal
will enable California to implement their EPA -approved water quality
criteria.
OATES; This final rule is effective on November 15, 2018_
ADDRESSES: The EPA has established a docket for this action identified
by Docket ID No. EPA -MO -OW -2017-0303, at Uga:l/www.reoulations.4ov.
For additional information about the EPA's public docket, visit the
EPA Docket Center homepage at hared/www.eoa.00v/dockets,
Docket: All documents in the docket are listed In the
www.reaulati ns.ggy index. Although listed In the index, some
Information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy,
Attachment C
Letter Dated May 8, 2018 Signed by then
Mayor Steve Ly
MAYOR:
STEVEN LY
MAYOR PRO TEM:
MARGARET CLARK
COUNCIL MEMBERS:
WILLIAM ALARCON
SANDRA ARMENTA
POLLY LOW
May 8, 2018
Mr. Alfredo Magallanes, PE
Assistant Division Manager
Watershed Protection Program
Bureau of Sanitation
City of Los Angeles
1149 S Broadway Avenue, 10th floor
Los Angeles, CA 90065
Dear Mr. Magallanes:
City of Rosemead
8838 E. VALLEY BOULEVARD P.O BOX 399
ROSEMEAD, CALIFORNIA 91770
TELEPHONE (626) 569-2100
FAX (626) 307-9218
In executing the attached Memorandum of Agreement (MOA) for administration and cost sharing
of implementing the Coordinated Integrated Program (LIMP), the City of Rosemead wishes to
clarify that based on the current issues listed below, which are pending resolution, the City reserves
its right to exit the program as well as participation in the Upper Los Angeles Enhanced Watershed
Management Plan (EWMP). The City would like to emphasiA that executing this MOA in no way
endorses the plan.
Mayor Pro Tem Margaret Clark made it very clear during a meeting with the Regional Board staff,
including Chair Irma Munoz, held at Rosemead City Hall on June 26, 2017, that the Rosemead
City Council has many concerns with the ULA'R EWMP. The Chair and staff made it clear that
the City has the option to exit and come up with an alternative plan. Mayor Pro Tem Margaret
Clark made it clear that a major concern particular to Rosemead is that the plan puts the City in
the wrong reach of the Rio Hondo River; Rosemead drains to Reach 2 of the Rio Hondo River.
Along with the City's ongoing concern of the exorbitant cost of implementation, four current issues
are:
1. The City of Gardena case, to which the City of Rosemead is a party in interest, could result
in voiding the MS4 permit and EWMPs. This case could be decided as early as June.
2. The State Audit of the permit stated that the State Water Resources Control Board did not
adequately consider costs of implementation and did not exercise due diligence in
mandating certain TMDLs. The Audit states: "The regional boards have developed the
pollutant control plans without obtaining sufficient information on the water bodies they
are regulating to tailor those plans adequately."
May 8, 2018
Page 2
3. The metals TMDL for Reach 2 of the Rio Hondo River was recently eliminated. It accounts
for approximately 70% to 80% of TMDL compliance costs.
4. The Regional Board's legal counsel stated in court that if a City cannot afford to pay
EWMP compliance costs they can apply for an extension.
For these reasons, the City of Rosemead reserves its rights to exit the CIMP and EWMP at any
time. If you have any questions, please feel free to contact Rosemead's City Manager, Gloria
Molleda, at (626) 569-2106 or via email at gmolleda@cityofrosemead.org.
On behalf of the Rosemead City Council,
Steven Ly
Mayor
cc: Rosemead City Council
Gloria Molleda, City Manager
Greg Tsujiuchi, Assistant City Manager
Michelle Ramirez, Director of Public Works
Dawn Petschauer, Water Biologist III
Attachment D
Resolution No. 2020-16
RESOLUTION NO. 2020-16
A RESOLUTION OF THE CITY OF ROSEMEAD CITY COUNCIL
CALLING ON THE GOVERNOR OF CALIFORNIA, AND STATE
LEGISLATIVE ELECTEDS REPRESENTING SAN GABRIEL
VALLEY MUNICIPALITIES TO URGE THE LOS ANGELES
REGIONAL WATER QUALITY CONTROL BOARD TO EASE MS4
PERMIT REQUIREMENTS FOR LOS ANGELES COUNTY
WHEREAS, the Los Angeles Regional Water Quality Control Board ("Regional
Board") has, through the 2012 Los Angeles County Municipal Separate Storm Sewer
System Permit ("MS4 Permit"), imposed upon local governments compliance with
Enhanced Management Programs ("EWMPs") and non-enhanced Watershed
Management Programs (WMPS);
WHEREAS, the purpose of the EWMP and WMPs is to comply with numeric
pollution limits known as Total Maximum Daily Loads ("TMDLs"), that were
established for water bodies' to protect beneficial uses (viz., swimming and fishing);
WHEREAS, the City of Rosemead ("City") is assigned to the Upper Los Angeles
River EWMP Group;
WHEREAS, the cost of implementing EWMP infiltration projects for the City and
others in the San Gabriel Valley significantly exceeds Measure W (Safe, Clean Water)
tax revenue (attached herewith as Exhibit #1);
WHEREAS, compliance with EWMPs/WMPs would require the City and other San
Gabriel Valley cities to use general funds to make up the shortfall which would, as a
consequence, have a tremendous reductive impact on municipal programs and services
that undoubtedly will be exacerbated by the forthcoming economic impact of the
COVID-19 crisis;
WHEREAS, USEPA has concluded that there is no evidence to prove that EWMPs
or WMPs can meet TMDLs and has informed Regional Boards throughout the State that
the EWMPs/WMPs are not mandatory requirements under the federal Clean Water Act
("CWA") MS4 Program;
WHEREAS, USEPA has issued a letter to all Regional Boards in California
reminding them that they must include, in all MS4 Permits, the standard CWA
requirement under 40 CFR § 122.26(d)(20(iv), which requires each MS4 Permittee to
implement a Storm Water Management Program consisting of 6 basic sub -programs,
each containing a set of best management practices to TMDLs and Water Quality
Standards on which they are based;
'Includes Arroyo Seco, Reaches 1 and 2; Reaches 1 and 2 of the Rio Hondo, and the San Gabriel
River, Reach 3.
1
WHEREAS, the Regional Board has imposed on the City and other San Gabriel
Valley municipalities compliance with TMDLs in the MS4 Permit that are not authorized
under the State's Water Quality Policy for establishing TMDLs on the CWA 303(d) list,
including metals for the following cities: Alhambra, Arcadia, Azusa, Baldwin Park,
Bradbury, Claremont, Covina, Duarte, El Monte, Glendora, Industry, Irwindale, La
Puente, La Canada-Flintridge, La Verne, Monterey Park, Montebello, Monrovia,
Pasadena, Pomona, San Marino, Sierra Madre, South El Monte, Pasadena, San Dimas,
San Gabriel, Temple City, Walnut, and West Covina;
WHEREAS, the Regional Board imposes on the City of Rosemead and other San
Gabriel Valley municipalities compliance with the bacteria TMDL without clearly
informing them that it does not apply during storm events because of the State's high-
flow suspension regulation;
WHEREAS, eliminating compliance with the metals TMDLs and the bacteria
TMDL, which account for most of the EWMP and WMP costs, will significantly reduce
compliance costs for the City of Rosemead and other San Gabriel Valley cities;
WHEREAS, San Gabriel cities, including Alhambra, La Canada-Flintridge,
Montebello, Monterey Park, Rosemead, San Marino, San Gabriel, South El Monte, South
Pasadena, and Temple City have been mistakenly assigned to the Upper Los Angeles
River EWMP Group that includes the following non -San Gabriel River cities: San
Fernando, the City of Los Angeles areas that are located in the San Fernando Valley;
Burbank; and Glendale.
SECTION 1. Now, therefore, the City of Rosemead City Council does hereby
resolve the following:
SECTION 2. That the Governor of the State of California and State legislative
electeds representing San Gabriel Valley cities notify the Regional Board of the need to
take the following actions:
1. Inform by official notice that the City and other San Gabriel Valley cities are not
subject to the metals TMDL and are not required to comply with the bacteria
TMDL during storm events;
2. Inform by official notice that the City, along with the aforesaid San Gabriel
Valley cities, have been incorrectly assigned to the Upper Los Angeles River
EWMP group are at liberty to withdraw from it and be reassigned to Reach 2 of
the Rio Hondo in accordance with the State's 303(d) list; and
3. Inform by official notice that all cities in Los Angeles County and are required to
implement a Stormwater Management Program (SWMP) per federal regulations
as a means to comply with TMDLs and water quality standards instead of
2
EWMPs/WMPs, but that they may implement all or portions of them on a
voluntary basis within the constraints of Measure W funding.
PASSED, APPROVED AND ADOPTED this 28 day of April 2020.
Sandra Amenta, Mayor
APPROVED AS TO FORM: ATTEST:
Rachel Richman, City Attorney
Erika Hernandez, City Clerk