Loading...
HomeMy WebLinkAbout6210 RESOLUTION NO. 6210 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, 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 CHA.LLENGE 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; and WHEREAS, und<:r the Regulations, the City of Arcadia ("City"), along with 53 other incorpora~ed 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 twelve-year period and to reduce the amount of water borne trash over the same period, reaching the legal requirement known as a "Zero TMDL'" and , WHEREAS,' the Regulations requires 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 I 6210 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% annually, u.ntil the City reaches the "Zero TMDL"; and WHEREAS, the Board failed to properly develop the TMDL in accordance with Federal guidelines and the requirements of the Clean Water Act and the , regulations thereunder, and failed to address the need for other programs to address trash from nonpoint sources and the other point sources, including from State and Federal facilities; and WHEREAS, the Board failed to perform an appropriate fiscal and cost/benefit analysis for the Regulations, failed to consider 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 Board, with the adoption of the Regulations, is improperly seeking to shift it~ responsibilities under State and Federal Law to develop and enforce a trash TMDL on nonpoint sources and other point source dischargers, and to hold individual Cities legally reasonable for the actions and inactions of each of its citizens and visitors; and WHEREAS, the Coalition for Practical Regulation ("Coalition"), a coalition of 38 Los Angeles County cities, including the City of Arcadia, presented a cost- , effective alternative trash reduction plan ("Coalition Alternative") to the Board, 2 6210 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 legal 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 prog~ams 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 . 01 . 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 failed to do so; and 3 6210 WHEREAS, the Board failed to discuss the Coalition Alternative and failed to amend the Regulations to incorporate any portion of the Coalition Alternative. The Board also refused to adequately address the impacts of the Regulations on the environment and governmental services, and failed to recirculate their Environmental Questionnaire after significant changes were made to the questionnaire at the hearing; and WHEREAS, 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 unsupportable programs on the City and its citizenry, whereby the economic and fiscal analyses of the mandated programs have 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, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: 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. 4 6210 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. That Richard Montevideo, Esq., representing the Coalition for Practical Regulations, be retained to advise, assist and represent the City in the filing of the Petition to the State Water Resources Control Board, and the filing of a Writ of Mandate Lawsuit pursuant to CEQA. SECTION 4. The City Clerk shall certify to, the adoption of this Resolution. Passed, approved and adopted this 20th day of February ,2001. ~--?, ~ M r of City of Arcadia ATTEST: , M'"<.<~ ~~ ity Clerk APPROVED AS TO FORM: \ ~P/~ 5 6210 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6210 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 20th day of February, 2001 and that said Resolution was adopted by the following vote, to wit: A YES: Councilmember Chandler, Chang, Marshall, Segal and Kovacic NOES: None ABSENT: None 6 6210