HomeMy WebLinkAboutResolution No. 6465 RESOLUTION NO. 6465
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY 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
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( "Board ") h Total adopted the Trash Maximum Daily Loads (TMDL) for the Los An el Angeles River
Watershed ("Regulations") on January 25, 2001; and
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 g ry the
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water borne trash in the municipal storm drain system over the next period. ear eriod. The
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City will also be required to reduce the amount of water born trash over the same p eriod
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
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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
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failed to address the need for other programs to address trash from nonpoint sources and the
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other point sources, ncluding 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,
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and whether the Regulations are necessary to implement water quality standards for its Los
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Angeles River; and
WHEREAS, the Board, with the adoption of the Regulations, is improperly seeking to
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shift its responsibilities under State and Federal Law to develop and enforce a trash TMDL on
nonpoint sources and other point source dischargers, and to hold individual Cities legally
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reasonable for the actions and inactions of each of its citizens and visitors; and
RESOLUTION NO. 6465
Page 2
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 in fines and third party litigation, should any city fail to achieve the trash reduction
limited 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 of the Clean Water Act, State law and CEQA, will result in the imposition of
unsupportable programs on the City and its citizenry; and whereas 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 Downey 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.
RESOLUTION NO. 6465
Page 3
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.
APPROVED AND ADOPTED this 27th day of February , 2001.
Mayor, ROBERT C C. WINN NGHAM
ATTEST:
JUDITH E . MC DONNELL , City Clerk
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
City Council of the City of Downey at a regular meeting thereof held on the 27th day
of February , 2001, by the following vote:
AYES: 5 Council Members: Tre jo , Perkins, McCarthy, Cartozian, Winningham
NOES: 0 Council Members: None
ABSENT: OCouncil Members: None
/Ad— ( 4et_L
JU E. MC DONNELL City Clerk
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