HomeMy WebLinkAbout2002 002 CC RESO2002 002 CC RESO¹òw @˜ Ž RESOLUTION NO. 2002-002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK, 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 STORM
WATER/URBAN RUNOFF PERMIT FOR THE COUNTY OF LOS
ANGELES AND THE INCORPORATED CITIES THEREIN NPDES
NO. CAS004001)
WHEREAS, the California Regional Water Quality Control Board, Los Angeles
Region Board") plans to adopt the Storm Water/Urban Runoff Permit for the County of
Los Angeles and the incorporated cities MS4 Permit) on or after December 13,2001,
or thereafter. This MS4 Permit is an amendment to Board Order No. 96-054 existing
MS4 Permit); and
WHEREAS, under the MS4 Permit, the City of Baldwin Park City"), along with 87
other incorporated cities in Los Angeles County and the County of Los Angeles, will be
required to expand existing storm water treatment programs, as well as implement new
storm water treatment programs, purported by the Board to improve the quality of
municipal storm water in a cost-effective manner. However, neither a cost-benefit study
nor scientific information was performed by the Board to illustrate that the new programs
would result in substantial improvements to storm water quality.
WHEREAS, under the existing MS4 Permit, the cities negotiated storm water
treatment programs that were approved by the Board. As cities implemented these
programs, they were provided a legal safe harbor" or deemed in compliance with the
existing MS4 Permit, effectively protecting the cities from Board fines and removing cities
from the threat of third-party litigation. The Board adopted MS4 Permit requires that
cities implement new and untested technologies to treat storm water. Compliance with
the MS4 Permit will be achieved through monitoring storm water quality. The Board is
proposing that cities be subject to fines and third party litigation during these
experimental phases. A recent study ordered by the United States Congress and
completed by the National Research Council recommended that storm water programs
utilize adaptive implementation", recognizing that cities should not be subject to fines
and legal action while they are developing new, untested storm water programs. The
removal of the legal safe harbor" clause is unacceptable to the cities and constitutes a
fundamental issue of fairness. Cities that move ahead and implement new, untested
programs, should not be subject to fines and litigation; and
WHEREAS, the MS4 Permit contains provisions that require the City to adopt new
ordinances and policies for the review and approval of development projects in areas
where discretion has been reserved for local government. These new requirements
violate local police power and in some cases require the City to adopt regulations that will
violate property owners constitutional rights against illegal searches and seizures of
property; and
WHEREAS, the MS4 Permit contains numerous, unfunded mandates, including
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2002 002 CC RESO¹òw @˜ Ž Resolution 2002-002
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new illicit connection programs, storm water diversion and treatment programs, additional
street and storm drain maintenance requirements, trash removal programs, as well as,
expanding the current site visitation program to a mandatory inspection program of
thousands of properties throughout the various watershed areas. These unfunded
mandates present financial problems for the cities, especially in light of the declining
economy and threat by the State to reduce and eliminate the Vehicle License Backfill in
the upcoming budget; and
WHEREAS, the actions planned to be taken by the Board on December 13,2001
or thereafter, are inconsistent with the requirements of the Clean Water Act and State
Law and will result in the imposition of unsupportable programs on the City and its
citizenry, whereby the economics and fiscal analysis 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 BALDWIN PARK,
CALIFORNIA, DOES HEREBY 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 Storm Water
Management/Urban Runoff Permit for the County of Los Angeles and the Incorporated
Cities on or after December 13, 2001.
Section 2. To authorize the expenditure of $5,000.00 to cover the cost of filing
the administrative challenge, which is part of the $10,000.00 that the City Council
approved on October 17, 2001.
Section 3. That counsel 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.
Section 4. The City Clerk shall certify to the passage and adoption hereof.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
this 16th day of January, 2002.
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES) ss:
CITY OF BALDWIN PARK
1, ROSEMARY RAMIREZ, Chief Deputy City Clerk of the City of Baldwin Park, do hereby
certify that the foregoing Resolution was duly and regularly approved and adopted by the City
Council of the City of Baldwin Park at its regular meeting of the City Council on January 16,
2002, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Bill Van Cleave, Marten Garcia, Ricardo Pacheco,
Mayor Pro Tern Linda Gair and Mayor Manuel Lozano
NONE
NONE
NONE
ROSEMARY
CHIEF DEP
CMC,
TY CLERK
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