Resolution No. 74981 RESOLUTIQN NO. 7498
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 VERNON AUTHORIZING THE FILING OF A PETITION TO THE
STATE WATER RESOURCES CONTROL BOARD CONTESTING THE
4 ACTION TAKEN BY THE CALIFORNIA REGIONAL WATER
QUALITY CONTROL BOARD, LOS ANGELES REGION, AND ITS
5 EXECUTIVE OFFICER IN CONNECTION WITH LARWQCB ORDER
NO. 96-054 AND AUTHORIZING THE CITY TO DO ALL OTHER
6 ACTIONS DEEMED NECESSARY OR ADVISABLE CONCERNING THE
ADMINISTRATIVE REVIEW PROCESS
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8 WHEREAS, the City of Vernon ("City") was issued a Permit from
9 the Los Angeles Regional Quality Control Board ("Regional Board") on
10 July 15, 1996, Order No. 96-054 of the Regional Board, which serves as
11 the City's National Pollutant Discharge Elimination System ("NPDES")
12 Permit under the Federal Clean Water Act, as well as Waste Discharge
13 Requirements for the City under the Porter Cologne Act. This Permit
14 became effective on July 31, 1996, and will expire on its own terms on
15 June 30, 2001; and
16 WHEREAS, under the Permit, the City, along with all other
17 incorporated cities in the County of Los Angeles (except the City of
18 Long Beach), and the County of Los Angeles itself, as a Permittee was
19 required to submit a Standard Urban Stormwater Mitigation Plan
20 ("SUSMP") to the Executive Officer of the Regional Board for its
21 review and approval or disapproval; and
22 WHEREAS, the SUSMP was to incorporate appropriate elements of
23 the Best Management Practices approved by the Regional Board in April
24 of 1999, and was to apply to certain specified development categories
25 to require applicants of such projects to submit an Urban Stormwater
26 Mitigation Plan that implements, to the maximum extent practicable,
27 appropriate requirements and measures to minimize impacts from storm
28 water runoff, and to reduce storm water pollutant to the maximum
I extent practicable, along with other requirements as specified in
2 Order No. 96-054; and
3 WHEREAS, a SUSMP Program, on behalf of the Permittees was in
4 fact submitted to the Executive Officer of the Regional Board in July
5 of 1999 and thereafter resubmitted to address certain Regional Board
6 staff comments in August of 1999; and
7 WHEREAS, the SUSMP Program submitted to the Regional Board's
8 Executive Officer by the Permittees has to date not been formerly
9 approved or disapproved in accordance with the AdministrativeReview
10 Process set forth in Order No. 96-054; and
11 WHEREAS, on September 16, 1999, unilateral Regional Board
12 staff proposed changes to the Permittees' SUSMP Program were discussed
13 before the Regional Board at a public workshop. At that time, the
14 Regional Board took no formal action but instead determined to
15 continue the matter for approximately 90 days with a new hearing to be
16 re -noticed on proposed actions and/or recommendations to be taken by
17 the Regional Board; and
18 WHEREAS, on January 26, 2000, the Regional Board conducted a
19 public hearing on a proposed SUSMP Program that had not been submitted
20 by the Permittees and that included specific terms that had not been
21 agreed to by the City. By the January 26, 2000 public hearing, the
22 Regional Board had not commenced or complied with the Administrative
23 Review Process as set forth under Order No. 96-054, a process required
24 to be followed for the review and consideration of the SUSMP Program
25 submitted by the Permittees. Further, the terms included in the
26 Regional Board's proposed SUSMP Program included numerical mitigation
27 measures on the retention and/or treatment of storm water runoff of
28 .75" within a 24-hour storm event for nine (9) project categories
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I which had not been agreed to by the Permittees, and which had not been
2 included in the Permittees' SUSMP Program; and
3 WHEREAS, the numerical mitigation measures and other SUSMP
4 terms proposed by Regional Board staff were, with some modification,
5 approved by the Regional Board on January 26, 2000, whereupon the
6 Board directed its Executive Officer to approve the Regional Board's
7 proposed SUSMP Program with the Board's imposed modifications; and
8 WHEREAS, the Regional Board mandated SUSMP Program would, in
9 many cases, necessitate the imposition of structural controls on new
10 developments, including but not limited to, extended detention basins,
11 wet ponds, infiltration basins/ponds (which reduce the developable
12 space), storm drained -connected oil/grid separators, catch basin
13 inserts, grassy swales and other devices, in the following development
14 projects: gas stations, restaurants over 5,000 square feet, auto
15 repair shops, 10-99 home subdivisions, 100+ home subdivisions, single
16 family hillside homes, 100,000 sq. ft. commercial development
17 projects, development in an undefined area known as environmentally
18 sensitive areas, and parking lots with 25 or more spaces (equivalent
19 to approximately 5,000 sq. ft. of surface area). The Regional Board
20 mandated SUSMP Program will also apply to redevelopment occurring in
21 the above categories if the redevelopment results in the "creation or
22 addition of fifty percent or more of impervious surfaces, or the
23 making of impervious surfaces, or the making of improvements to fifty
24 percent or more of the existing structure;" and
25 WHEREAS, the action taken by the Regional Board was not
26 authorized by the Permit, the Clean Water Act, or state law and does
27 not appear to have been supported by sufficient studies and
28 investigation into the effectiveness of the proposed numerical
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I mitigation measures, nor was it supported by a cost benefit analysis;
2 and
3 WHEREAS, the Regional,Board mandated SUSMP Program would not
4 only apply to discretionary projects brought before the City but also
5 to non -discretionary projects. The mandated SUSMP Program is to be
6 codified by new City ordinances within six (6) months of the Executive
7 Officers' formal approval of the same, and is to be implemented thirty
8 (30) days thereafter by the City; and
9 WHEREAS, the action taken by the Regional Board on January
10 26, 2000, and the action to be taken by the Executive Officer pursuant
11 to the direction of the Regional Board, are inconsistent with the
12 requirements of the Permit, the Clean Water Act, and state law, and
13 will result in the imposition of unfunded mandated programs on the
14 City and its citizenry, whereby such mandated programs have not been
15 shown to be cost effective or to reduce pollutants to the maximum
16 extent practicable, as provided for under the Clean Water Act.
17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
18 CITY OF VERNON AS FOLLOWS:
19 SECTION 1: The City Council of the City of Vernon hereby
20 finds and determines that the recitals contained hereinabove are true
21 and correct.
22 SECTION 2: The City Council of the City of Vernon hereby
23 approves and authorizes the filing of a Petition to the State Water
24 Resources Control Board challenging the action taken by the Regional
25 Water Quality Control Board in connection with Order No. 96-054 on
26 January 26, 2000, and the action to be taken by the Executive Order
27 pursuant to the Regional Board's direction on such date.
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SECTION 3: The City Council of the City of Vernon hereby
authorizes the submission of a notice to the Executive Officer of the
Regional Board that the City intends to comply with the requirements
of Order No. 96-054 and the Administrative Review Process set forth
thereunder, and to request that the Executive Officer, in accordance
with the Permit, similarly comply with the terms of Order No. 96-054
for the Standard Urban Stormwater Mitigation Plan submitted on behalf
of the City.
SECTION 4: The City Council of the City of Vernon hereby
authorizes the City Attorney to advise and assist the City in the
filing of the Petition against the State Water Resources Control Board
and in pursuing the Administrative Review Process as set forth under
Order No. 96-054.
SECTION 5: The City Council of the City of Vernon hereby
authorizes the City Administrator to execute any documents necessary
to implement and carry out the purposes of said challenge.
SECTION 6: The City Clerk of the City of Vernon shall
certify to the passage of this resolution, and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 15tn day of February, 2000.
ATTEST•
BRUCE V. MALKENHORST, City Clerk
LEONIS C. LBURG Mayor
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r
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution No.
7498, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Tuesday, February 15,
2000, and thereafter was duly signed by the Mayor of the City of
Vernon.
BRUCE V. MALKENHORST, City Clerk
(SEAL)
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SUPPORTING
DOCUMENTS
OFFICE OF THE CITY ADMINISTRATOR/CITY CLERK
INTER -OFFICE MEMORANDUM
TO: Kevin Wilson, Director of Community Services & Water
FROM: Gloria J. Orosc C of Deputy City Clerk
DATE: February 24, 2000
RE: Resolution No. 7498
Transmitted herewith is a copy of Resolution No. 7498 that was
approved by City Council on February 15, 2000.