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CC RESOLUTION 3978RESOLUTION NO. 3978 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO URGING THE REGIONAL WATER QUALITY CONTROL BOARD TO RETURN TENTATIVE ORDER NO. 96- XXX (NPDES NO. CAS614001), WASTE DISCHARGE REQUIREMENTS FOR MUNICIPALSTORM WATER AND URBAN RUNOFF DISCHARGES WITHIN THE COUNTY OF LOS ANGELES, TO STAFF FOR RESOLUTION OF ISSUES OF UNFUNDED MANDATES, ECONOMIC IMPACTS AND DEVELOPMENT OF MORE CERTAIN AND ACHIEVABLE GOALS AND OBJECTIVES, BASED ON RELEVANT STANDARDS AND STUDIES WHEREAS, the City Council of the City of El Segundo is committed to taking all steps necessary for the City to be in full compliance with the requirements of the Clean Water Act; WHEREAS, the City Council of the City of El Segundo is committed to cooperation with the Regional Water Quality Control Board to develop a workable and effective Order for Waste Discharge Requirements for Municipal Storm Water and Urban Runoff Discharges within the County of Los Angeles (NPDES No. CAS614001) which will implement the requirements of the Clean Water Act; WHEREAS, the Staff of the Regional Water Quality Control Board has drafted a Tentative Order for Waste Discharge Requirements for Municipal Storm Water and Urban Runoff Discharges within the County of Los Angeles (NPDES No. CAS614001) which is scheduled for public hearing on July 15, 1996; WHEREAS, the Finding 4 of the Tentative Order cites only a federal guidance document which is general in nature, and not studies shown to be relevant to water bodies in Los Angeles County; WHEREAS, Findings 5 and 6 of the Tentative Order are relevant only to studies of conditions of the Santa Monica Bay and no scientific basis has been presented for extrapolating those studies to any or all other water bodies in Los Angeles County; WHEREAS, streets, curbs and gutters are designed to convey water into storm drains; WHEREAS, certain pollutants present in storm water are contributed by activities which the Permittees cannot control, despite full implementation of all provisions of the Tentative Order; WHEREAS, it is a fact of nature beyond the control of Permittee Cities that whenever it rains in Los Angeles County, storm water discharges will occur; WHEREAS, the Clean Water Act does not require, and it is beyond the legal authority of the Board to require the impossible, or to require absurd results (Hughey v. JMS Development Corp., 42 ERC 1449 (11th Cir., April 1, 1996); WHEREAS, inclusion of narrative receiving water limitations that require that storm water discharges neither cause violations of water quality objectives, nor cause conditions of nuisance in receiving waters would hold the Permittees to an impossible standard and would expose them to litigation which would be baseless in the absence of the inclusion of the receiving water limitations in the Order; WHEREAS, the Findings of the Tentative Order fail to specify which water bodies in the County of Los Angeles have which beneficial uses, raising the possibility of claims or lawsuits alleging that all water bodies in the County are to have all beneficial uses listed in the Findings, including such mutually exclusive beneficial uses as ocean commercial fishing and cold freshwater habitat; WHEREAS, the State Water Resources Control Board has issued a General Industrial Activities Storm Water Permit (the "GIASP ") and a General Construction Activity Storm Water Permit (the "GCASP "); WHEREAS, the administration of the GIASP and the GCASP are the responsibility of the Regional Water Control Board, not the Permittee Cities; WHEREAS, the Tentative Order, if adopted, would impose significant conditions and requirements which are to be based on future studies and require future actions which have not been identified and are not now identifiable; WHEREAS, the Tentative Order, if adopted, would impose financial obligations which are not now quantifiable, and are of indeterminate, but significant magnitude; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of El Segundo calls upon the Regional Water Quality Control Board to direct its Staff to revise the Tentative Order to: A. Prepare Findings based on relevant, sound scientific studies specific to the water bodies to which they are to be applicable; B. Delete the Receiving Water Limitations as permit requirements; C. Specifically identify, in proposed findings, the beneficial uses of each body of water in the County of Los Angeles, based on studies which are demonstrated to be applicable to the water body in question; D. Delete requirements that the Permittees are to administer all or any part of the GIASP and the GCASP as those are the responsibility of the RWQCB and to require the Permittee Cities to administer them would be to impose an unfunded mandate; E. Delete findings and requirements which would impose artificial and unreasonable exposure to liability on the part of the Permittees; 0 F. More specifically identify the responsibilities of the Permittees in order that their respective elected officials will be able to appreciate the financial impact of the Tentative Order. SECTION 2. The City Clerk shall certify to the passage and adoption of this resolution; shall enter the same in the book of original resolutions of said City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted. PASSED, APPROVED AND ADOPTED this 2nd day of Jill: 1996. ATTESTED: ff � GL _�i�'L�r� -•� L'Eindy Mortesen City Clerk (SEAL) APPROVED AS TO FORM: r i Attorney • zo�4-4�— ��� Sandra Jacobs, yor of the City of I Segundo, California PWJUL002.RSO (Tuesday 6125/96 2:00 pm) a CERTIFICATION STATE OF CALIFORNIA ] COUNTY OF LOS ANGELES ] SS CITY OF EL SEGUNDO ] I, Lora Freeman, Deputy City Clerk of the City of El Segundo, California, DO HEREBY CERTIFY that the whole number of members of the City Council of the said City is five; that the foregoing resolution, being RESOLUTION NO. 3978 was duly passed and adopted by the said City Council, approved and signed by the Mayor or said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 2nd day of July, 1996, and the same was so passed and adopted by the following vote: AYES: Mayor Jacobs, Mayor ProTem Wernick, Councilwoman Friedkin, Councilman Weston, and Councilman Gordon. NOES: None ABSENT: None ABSTENTION: None NOT PARTICIPATING: None WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of July, 1996. i CINDY MORTESEN, City Clerk of the City of El Segundo, California (SEAL)