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RESOLUTION NO. 6164
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA, AUTHORIZING
THE FILING OF A PETITION TO THE STATE
WATER RESOURCES BOARD CONTESTING
ACTION TAKEN BY THE CALIFORNIA REGIONAL
WATER QUALITY CONTROL BOARD, LOS
ANGELES REGION, AND ITS EXECUTIVE
OFFICER IN CONNECTION WITH LARWQCB
ORDER NO. 96-054
WHEREAS, the City of Arcadia ("City") was issued a Permit from the Los
Angeles Regional Quality Board ("Regional Board") on July 15, 1996, Order No.
96-054 of the Regional Board, which serves as the City's National Pollution
Discharge Elimination System ("NPDES") Permit under the Federal Clean Water
Act, as well as Waste Discharge Requirements for the City under the Porter
Cologne Act. This Permit became effectiye on July 3'1, 1996, and will expire on
its own terms on June 30, 2001; and
WHEREAS, under the Permit, the City, along with all other incorporated
cities in the County of Los Angeles (except the City of Long Beach), and the
County of Los Angeles itself, as a Permittee was required to submit a Standard
Urban Storm water Mitigation Plan (SUSMP") to the Executiye Officer of the
Regional Board for his reyiew and approyal or disapproyal; and
WHEREAS, the SUSMP was to incorporate appropriate elements of the
Best Management Practices approyed by the Regional Board in April of 1999, and
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was to apply to certain specified deyelopment categories to require applicants of
such projects to submit an Urban Stormwater Mitigation Plan that implements, to
the maximum extent practicable, appropriate requirements and measures to
minimize impacts from storm water runoff, and to reduce storm water pollutant to
the maximum extent practicable, along with other requirements as specified in
Order No. 96-054; and
WHEREAS, a SUSMP Program, on behalf of the Permittees was in fact
submitted to the Executiye Officer of the Regional Board in July of 1999 and
thereafter resubmitted to address certain Regional Board staff comments in August
of 1999; and
WHEREAS, a SUSMP Program submitted to the Regional Board's
Executive Officer by the Permittees has to date not been formally approyed or
disapproyed in accordance with the Administratiye Reyiew Process set forth in
Order No. 96-054; and
WHEREAS, on September 16, 1999, unilateral Regional Board staff
proposed changes to the Permittees' SUSMP Program were discussed before the
Regional Board at a public workshop. At that time, the Regional Board took no
formal action but: instead determined to continue the matter for approximately 90
days with a new hearing to be re-noticed on proposed actions and/or
recommendations to be taken by the Regional Board; and
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WHEREAS, on January 26, 2000, the Regional Board conducted a public
hearing on a proposed SUSMP Program that had not been submitted by the
Permittees and that included specific terms that had not been agreed to by the City.
By the January 26, 2000 public hearing, the Regional Board had not commenced or
complied with the Administratiye Reyiew Process as set forth under Order No. 96-
054, a process required to be followed for the reyiew and consideration of the
SUSMP Program submitted by the Permittees. Further, the terms included in the
Regional Board's proposed SUSMP Program included numerical mitigation
measures on the retention and/or treatment of storm water runoff of .75" within a
24 hour storm eyent for nine (9) project categories which had not been agreed to by
the Permittees, and which had not been included in the Permittees' SUSMP
Program; and
WHERAS, the numerical mitigation measures and other SUSMP terms
proposed by Regional Board staff were, with some modification, approyed by the
Regional Board on' January 26, 2000, whereupon the Board directed its Executiye
Officer to approve the Regional Board's proposed SUSMP Program with the
Board's imposed modifications; and
WHEREAS, the Regional Board mandated SUSMP Program would, in
many cases, necessitate the imposition of structural controls on new deyelopments,
including but not limited to, extended detention basins, wet ponds, infiltration
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basins/ponds (which reduce the deyelopable space), storm drain-connected oiVgrid
separators, catch basin inserts, grassy swales and other deyices, in the following
deyelopment projects: gas stations, restaurants oyer 5,000 square feet, auto repair
shops, 10-99 home sub-diyisions, 100+ home subdiyisions, single family hillside
homes, 100,000 sq. ft. commercial deyelopment projects, deyelopment projects,
deyelopment in an undefined area known as enyironmentally sensitiye areas, and
parking lots with 25 or more spaces (equiyalent to approximately 5,000 sq. .ft. of
surface area). The Regional Board mandated SUSMP Program will also apply to
redeyelopment occurring in the aboye categories if the redeyelopment results in the
"creation or addition of fifty percent or more of impervious surfaces, or the making
of impervious surfaces, or the making of improyements to fifty percent or more of
the existing structure;" and
WHEREAS, the action taken by the Regional Board was not authorized by
the Permit, the Clean Water Act, or state law and does not appear to haye been
supported by sufficient studies and inyestigation into the effectiyeness of the
proposed numerical mitigation measures, nor was it supported by a cost benefit
analysis; and
WHEREAS, the Regional Board mandated SUSMP Program would not
only apply to discretionary projects brought before the City but also to non-
discretionary projects. The mandated SUSMP Program is to be .codified by new
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City ordinances within six (6) months of the Executiye Officers' formal approyal
of the same, and is to be implemented thirty (30) days thereafter by the City; and
WHEREAS, the action taken by the Regional Board on January 26, 2000,
and the action to be taken by the Executiye Officer pursuant to the direction of the
Regional Board, are inconsistent with the requirements of the Permit, the Clean
Water Act, and state law, and will result in the imposition of unfunded mandated
programs on the City and its citizenry, whereby such mandated programs haye not
been shown to be cost effectiye or to reduce pollutants to the maximum extent
pra~ticable, as proyided for under the Clean Water Act.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND ORDER
AS FOLLOWS:
SECTION 1. To proceed with the filing of a Petition to the State Water
Resources Control Board challenging the action taken by the Regional Water
Quality Control Board in connection with Order No. 96-054 on January 26, 2000,
and the action to be taken by the Executiye Order pursuant to the Regional Board's
direction on such date.
SECTION 2.
To authorize the submission of a notice to the Executiye
Officer of the Regional Board that the City intends to comply with the
requirements of Order No. 96-054 and Administratiye Reyiew Process set forth
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to request that the Executiye Officer, in accordance with the Permit, similarly
comply with the terms of Order 96-054 for the Standard Urban Stormwater
Mitigation Plan submitted on behalf of the City.
SECTION 3.
The City Clerk shall certifY to the adoption of this
Resolution.
Passed, approyed and adopted this 15th day of February
,2000.
M'Y~ C;ty of ^""ji,
~
ATTEST:
&","oJ a;I~~
. Clerk \
APPROVED AS TO FORM:
.
MpJ~ P /~
City Attorney
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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. 6164 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 15th day of February, 2000 and that said
Resolution was adopted by the following yote, to wit:
A YES: Councilmember Harbicht, Koyacic, Marshall, Roncelli and Chandler
NOES: None
ABSENT: None
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