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Resolution No. 2014-006RESOLUTION NO. 2014-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON REPEALING RESOLUTION NO. 7002 AND AUTHORIZING THE DIRECTOR OF COMMUNITY SERVICES AND WATER TO SIGN, CERTIFY, AND ELECTRONICALLY SUBMIT PERMIT REGISTRATION DOCUMENTS, NOTICES OF TERMINATION, AND ANY OTHER DOCUMENTS, REPORTS, OR INFORMATION REQUIRED BY THE MUNICIPAL NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT AND ANY NPDES PERMIT RELATED DOCUMENT WHICH PERTAINS TO THE CITY OF VERNON AND ON THE CITY OF VERNON'S BEHALF, AND AUTHORIZING THE DIRECTOR OF LIGHT & POWER TO SIGN, CERTIFY, AND ELECTRONICALLY SUBMIT PERMIT REGISTRATION DOCUMENTS, NOTICES OF TERMINATION, AND ANY OTHER DOCUMENTS, REPORTS, OR INFORMATION REQUIRED BY THE GENERAL CONSTRUCTION ACTIVITIES STORMWATER NPDES PERMIT AS IT RELATES TO THE LIGHT & POWER DEPARTMENT PROJECTS WHICH PERTAIN TO THE CITY OF VERNON AND ON THE CITY OF VERNON'S BEHALF WHEREAS, on or about July 15, 1996, the California Regional Water Quality Control Board, Los Angeles Region, issued Order 96-054, which issued the City of Vernon a National Pollutant Discharge Elimination System (NPDES) permit, but such permit has since been superseded; and WHEREAS, the NPDES Program requires periodic reports and associated documents from the City of Vernon, signed by the principal executive officer, the ranking elected official, or a duly authorized representative and if the authorization is made in writing by the principal executive officer or the ranking elected official, the authorization must specify either an individual or a position having responsibility for the overall operations of a principal geographic unit of the regulated facility or activity, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the Permittee, and the written authorization be submitted to the executive officer of the California Regional Water Quality Control Board, Los Angeles Region; and WHEREAS, a duly authorized representative may be either a named individual or any individual occupying a named position; and WHEREAS, on August 5, 1997, the City Council adopted Resolution No. 7002, authorizing the Director of Community Services and Water to sign all reports and associated documents related to the now expired NPDES Permit; and WHEREAS, the City Council wishes to ensure that the Director of Community Services and the Director of Light & Power have the requisite authority as it relates the current and all future NPDES permits within the purview of the City of Vernon. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct. SECTION 2: The City Council of the City of Vernon finds that this action is exempt under the California Environmental Quality Act (CEQA), in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment, and pursuant to Guidelines Section 15308, because the proposed action is to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. Section 3: The City Council of the City of Vernon hereby authorizes the Director of Community Services and Water to sign, certify, and electronically submit permit registration documents, notices of termination, and any other documents, reports, or information required - 2 - by the Municipal National Pollutant Discharge Elimination System ("NPDES") permit and any NPDES permit related document which pertains to the City of Vernon and on the City of Vernon's behalf. The City Council also authorizes the Director of Light & Power to sign, certify, and electronically submit permit registration documents, notices of termination, and any other documents, reports, or information required by the General Construction Activities Stormwater NPDES permit as it relates to the Light & Power Department projects which pertain to the City of Vernon and on the City of Vernon's Behalf. SECTION 4: All resolutions or parts of resolutions, specifically Resolution No. 7002, not consistent with or in conflict with this Resolution are hereby repealed. SECTION 5: The City Council of the City of Vernon hereby directs the City Clerk, or the Deputy City Clerk, to submit a certified copy of this Resolution to Samuel Unger, Executive Officer, California Regional Water Quality Control Board, Los Angeles Region, 320 West 4th . Street, Suite 200, Los Angeles, California 90013. - 3 - SECTION 6: The City Clerk, or Deputy City Clerk, of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk, or Deputy City Clerk, of the City of Vernon shall cause this resolution and the City Clerk's, or Deputy City Clerk's, certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 4th day of March, 2014. ATTEST: Ana Barci -Ertl/ Deputy City Clerk APPROVED AS TO FORM: Name: W• Michael McCormick Title: Mayor / fi tr/Z Scott E. Porter, Deputy City Attorney - 4 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) Aaa B�rciL I, � e k / Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2014-06, was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, March 4, 2014, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this 16 day of March, 2014, at Vernon, California. (SEAL) Ana Bar ' Deputy City Clerk - 5 - TRANSMITTAL COMMUNICATION V I OFFICE OF THE CITY CLERK 4303 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 March 11, 2014 Samuel Unger Executive Officer California Regional Water Quality Control Board Los Angeles Region 320 West 4`h Street, Suite 200 Los Angeles, CA 90013 Re: Granting Authorization for the Director of Community Services & Water and the Director of Light & Power to Sign, Certify and Submit Documents on Behalf of the City Dear Mr. Unger: Transmitted herewith is a certified copy of Resolution No. 2014-06 that was approved by City Council on March 4, 2014. If you have any questions regarding this matter, please call Claudia Arellano at (323) 583-8811 Ext. 258. Very truly yours, Deborah R. Juarez Records Management Assistant Enclosure c: Carlos Fandino S. Kevin Wilson Resolution No. 2014-06 E�Ccfusivefy Industrial CERTIFICATE STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES) I, Ana Barcia, Deputy City Clerk of the City of Vernon, County of Los Angeles, State of California, hereby certify that the attached is a full and complete copy of: RESOLUTION NO. 2014-06 - A Resolution of the City Council of the City of Vernon Repealing Resolution No. 7002 and Authorizing the Director of Community Services and Water to Sign, Certify, and Electronically Submit Permit Registration Documents, Notices of Termination, and Any Other Documents, Reports, or Information Required by the Municipal National Pollutant Discharge Elimination System (NPDES)Permit and Any NPDES Permit Related Document Which Pertains to the City of Vernon and on the City of Vernon's Behalf, and Authorizing the Director of Light & Power to Sign, Certify, and Electronically Submit Permit Registration Documents, Notices of Termination, and any other Documents, Reports, or Information Required by the General Construction Activities Stormwater NPDES Permit as it Relates to the Light & Power Department Projects which Pertain to the City of Vernon and on the City of Vernon's Behalf IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official Seal of the City of Vernon, County of Los Angeles, State of California, on this 5 day of March 2014. SEAL: Ar(a_Jk&rcia Deputy City Cler STAFF REPORT RECFIVED RECEIVED FEB 2 201q FEB 26 2014 STAFF REPORT ITYnoM1NI' i uno CITY CLF Nf f kITY SERVICES & WATER DEPARTMENT ] DATE: March 4, 2014 TO: Honorable Mayor and City Council PREPARED BY: Claudia Arellano, PQiecect Engineer APPROVED BY: Samuel Kevin Wilson; Director of Community Services & Water RE: AUTHORIZATION TO SIGN NPDES RELATED DOCUMENTS Recommendation It is recommended that the City Council: 1) Find that this action is exempt under the California Environmental Quality Act (CEQA), in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment, and pursuant to Guidelines Section 15308, because the proposed action is to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. 2) Authorize the Director of Community Services and Water to sign, certify, and electronically submit permit registration documents, notices of termination, and any other documents, reports, or information required by the Municipal National Pollutant Discharge Elimination System (NPDES) Permit and any NPDES Permit related document which pertains to the City of Vernon and on the City of Vernon's behalf. 3) Authorize the Director of Light and Power to sign, certify, and electronically submit permit registration documents, notices of termination, and any other documents, reports, or information required by the General Construction Activities Stormwater NPDES Pemrit as it relates to Light and Power Department projects which pertain to the City of Vernon and on the City of Vernon's behalf. Background On August 5, 1997 the City Council approved Resolution No. 7002 (copy enclosed) authorizing the Director of Community Services and Water to sign all reports and associated documents related to the NPDES Permit. More specifically, the resolution references a 1996 NPDES Permit and the Permittees's (in this case the City of Vernon) Stormwater Management Program. The City's NPDES Permit has since been superseded. The certification and signatory provisions of the City's Municipal NPDES Permit require all documents submitted to the California Regional Water Quality Control Board or the United States Environmental Protection Agency to be signed by the principal executive officer, the ranking elected official, or a duly authorized representative and if the authorization is made in writing by the principal executive officer or the ranking elected official, the authorization must specify either an individual or a position having responsibility for the overall operations of a principal geographic unit of the regulated facility or activity, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the Permittee, and the written authorization be submitted to the executive officer of the California Regional Water Quality Control Board, Los Angeles Region. The General Construction Activities Stormwater NPDES Permit was adopted by the State Water Resources Control Board which authorizes the discharge of stormwater from certain industrial activities under certain conditions. Construction activities subject to the General Construction Activities Stormwater NPDES Permit include: any construction or demolition activity, including but not limited to clearing, grading, grubbing or excavation, or any other activity that results in a land disturbance of equal to or greater than one (1) acre; land surface disturbances of less than one acre if the construction activity is part of a larger common plan of development; linear underground/overhead projects (LUP), and; discharges of sediment from construction activities associated with oil and gas exploration, production, processing, or treatment operations or transmission facilities. The certification and signatory provisions applicable to the City of Vernon under the General Construction Activities Stormwater NPDES Permit require the legally responsible person (LRP) to submit all permit registration documents and that notices of termination be electronically signed, certified, and submitted to the State Water Resources Control Board via the State's electronic system otherwise known as SMARTS. The designated LRP, or a person legally authorized to sign and certify all required documents on behalf of the LRP is defined as the project proponent; a person, company, agency, or other entity that possesses a real property interest (including, but not limited to, fee simple ownership, easement, leasehold, or other rights of way) in the land upon which the construction or land disturbance activities will occur for the regulated site; for a linear underground/overhead project, the utility company, municipality, or other public or private company or agency that owns or operates the LUP, and; for pollution investigation and remediation projects, any potentially responsible party that has received permission to conduct the project from the holder of a real property interest in the land. Fiscal Impact There is no fiscal impact to the City by providing the Director of Community Services and Water and the Director of Light and Power authorization to sign, certify, and electronically submit permit registration documents, notices of termination, and any other documents, reports, or information required by the NPDES Permit Program, which pertain to the City of Vernon and on the City of Vernon's behalf. Enclosure c: Carlos Fandino, Director of Light & Power � I 2 31 41 5 6 7 9 10 11 12 131 161 17 1$ 19 20 21 22 23 24 261 271 281 RESOLUTION NO. 7002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON, CALIFORNIA, AUTHORIZING THE DIRECTOR OF COMMUNITY SERVICES AND WATER TO SIGN ALL REPORTS AND ASSOCIATED DOCUMENTS RELATED TO THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ("NPDES") PERMIT WHEREAS, The City Council of the City of Vernon, by adoption of Resolution No. 6366 on December 7, 1993, approved a National Pollutant Discharge Elimination System (NPDES) Permit No. CA0061654-CI6948 Permit Implementation Agreement; and WHEREAS, the aforesaid permit was superceded by NPDES Permit No. CAS614001, issued pursuant to Order No. 96-054 of the California Regional Water Quality Board, Los Angeles Region, on or about July 15, 1996; and WHEREAS, the NPDES Program requires periodic reports and associated documents from the City of Vernon, signed by the principal executive officer, the ranking elected official, br,a duly authorized representative if the authorization is made in writing lay the principal executive officer or the ranking elected official, the authorization specifies either an individual or a position having responsibility for the overall responsibility of the Permittee's Stormwater Management Program, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the Permittee, and the written authorization is submitted to the executive officer of the County of Los Angeles; and WHEREAS, a duly authorized representative may be either a named individual or any individual occupying a named position; and I WHEREAS, Kevin Wilson, Director of Community Services and 2 Water for the City of Vernon, has -responsibility for the overall 3 operation of the Stormwater Management Program for the City of 4 Vernon; and 5 WHEREAS, the City Council desires to authorize Kevin 6 Wilson, Director of Community Services and Water, or his successor, 7 to sign such reports and associated documents related to the NPDES 8 Permit for the City of Vernon. 9 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 10 CITY OF VERNON AS FOLLOWS: 11 SECTION 1: The City Council of the City of Vernon hereby 12 finds and determines that the recitals contained hereinabove are 13 true and correct. 14 SECTION 2: The City Council of the City of Vernon hereby 15 authorizes Kevin Wilson, Director of Community Services and Water, 26 or his successor, to sign reports and associated documents related 17 to the National Pollutant Discharge Elimination System Permit 18 Program required of the City of Vernon. 19 SECTION 3: The City Council of the City of Vernon hereby 20 orders the City Clerk to submit a certified copy of this Resolution 21 to Robert Ghirelli, D.Env., Executive Officer, California Regional 22 Water Quality Control Board, Los Angeles Region, 101 Centre Plaza 23 Drive, Monterey Park, CA 9175472156. 24 25 26 27 28 -2- 1 2 3 4 5 6 7 9 10 it 12 13 U is 16 j 17 18 19 20 21 22 23 24 25 26 :7 28 SECTIONA: 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 5th day of August, 1997. ATTEST: /a/ Bruce V. Malkenhorst BRUCE V.•MALKENHORST, City Clerk /s/ Leonis CLeonis C. Malburg LEONIS C. MALBURG, Mayor -3- u I STATE OF.CALIFORNIA ) �2 .COUNTY OF LOS ANGELES ) 3 I, BRUCE V. NALKENHORST, City Clerk.of the City of Vernon, 4 do hereby certify that the foregoing Resolution, being Resolution 5 No. 7002, was duly adopted by the City Council of the City of Vernon 6 at a regular meeting of the City Council duly held on Tuesday, 7 August S. 1997, and thereafter was duly signed by the Mayor of the 8 City of Vernon. 9 10 /s/ Bruce V. Malkenhorst BRUCE V. MALKENHORST, C ty Clerk it (SEAL) 12 13 14 15 16 y 17 18 19 20 21 22 23 24 25 26 27 28 -4-