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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
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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,
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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
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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.
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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:
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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
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