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HomeMy WebLinkAbout2001 020 CC RESO2001 020 CC RESO¹òw @˜ˆß2001 RESO 2001-020–"[HmIRESOLUTION NO. 2001-020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK 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 CHALLENGE 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; Whereas, under the Regulations, the City, along with 53 other incorporated 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. The City will also be required 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 require 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 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, until 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 non-point 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 its responsibilities under State and Federal Law to develop and enforce a trash TMDL BIB] 37209-U01 2001-U02 RESO-U02 2001-020-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8438-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 BIB] 37425-U01 2001-U02 020-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8438-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 2001 020 CC RESO¹òw @˜ˆß2001 RESO 2001-020–"[HmIon 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, presented a cost-effective alternative trash reduction plan Coalition Alternative") to the Board, 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 legally 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 programs 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 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 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 economics and a fiscal analysis of the mandated programs has 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, be it resolved that the City Council of the City of Baldwin Park agrees to the following: 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. BIB] 37209-U01 2001-U02 RESO-U02 2001-020-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8438-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 BIB] 37425-U01 2001-U02 020-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8438-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 2001 020 CC RESO¹òw @˜ˆß2001 RESO 2001-020–"[HmIResolution No. 2001-020 Page 2 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 passage and adoption hereof. PASSED, APPROVED AND ADOPTED THIS 7th day of March, 2001. ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, Rosemary Ramirez, Deputy City Clerk of the City of Baldwin Park, hereby certify that Resolution No. 2001-020 was duly passed and adopted at a regular meeting of the City Council held on March 7, 2001, and said Resolution was passed and adopted by the following vote: AYES: COUNCILMEMBERS: Marlen Garcia, Ricardo Pacheco, Bill Van Cleave, Mayor Pro Tern Linda Gair, and Mayor ManuelLozano COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: None NOES: ABSENT: ABSTAIN: ROSEMARY^AMIREZ, CMC DEPUTY CITY CLERK BIB] 37209-U01 2001-U02 RESO-U02 2001-020-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8438-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04 BIB] 37425-U01 2001-U02 020-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO8417-U03 FO8418-U03 DO8438-U03 C6-U03 RESO-U03 11/14/2001-U04 ADMIN-U04