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HomeMy WebLinkAbout6164 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 6164 I 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 6164 2 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 6164 3 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 6164 4 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 6164 5 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 6164 6 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 7 6164