HomeMy WebLinkAbout2001 020 CC RESO2001 020 CC RESO¹òw @˜ ˆ ß 2001 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
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2001 020 CC RESO¹òw @˜ ˆ ß 2001 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.
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2001 020 CC RESO¹òw @˜ ˆ ß 2001 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
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