APRIL 20, 2015 CITY COUNCIL CONSENT CALENDAR SUBJECT:

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1 CITY COUNCIL CONSENT CALENDAR APRIL 20, 2015 SUBJECT: INITIATED BY: SUPPORT OF CALIFORNIA STATE SENATE BILL 485 (HERNANDEZ), STORMWATER AUTHORITY FOR THE LOS ANGELES COUNTY SANITATION DISTRICTS DEPARTMENT OF PUBLIC WORKS (Sharon Perlstein, City Engineer~ P (Oscar Delgado, Director).4L ~N\t fcrfl_ O.t.Cf(-1&-~~ STATEMENT ON THE SUBJECT: The City Council will consider adopting a resolution in support of proposed Senate Bill 485 regarding authorizing the Los Angeles County Sanitation Districts to manage stormwater. RECOMMENDATIONS: 1. Adopt Resolution No. 15-4l0,b "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST HOLLYWOOD IN SUPPORT OF CALIFORNIA STATE SENATE BILL 485 (HERNANDEZ), STORMWATER AUTHORITY FOR THE LOS ANGELES COUNTY SANITATION DISTRICTS." 2. Send copies of the signed resolution to California Governor Jerry Brown, State Senator Bill Allen, State Senator Ed Hernandez, and State Assemblymenber Richard Bloom. BACKGROUND AND ANALYSIS: The Sanitation Districts of Los Angeles County (LACSD) are organized pursuant to the County Sanitation District Act and are sanctioned under statute to manage solid waste and wastewater. The LACSD is comprised of 24 special districts. West Hollywood is a member of Sanitation District No. 4. Present law does not grant authority to the LACSD to manage stormwater. West Hollywood, along with all the cities in Los Angeles County, the Los Angeles County, and the Los Angeles County Flood Control District are charged with implementation of the Regional Water Quality Control Board's Municipal National Pollutant Discharge Elimination (NPDES) Permit, which requires implementation of best management practices and water quality projects to remove pollutants from urban stormwater runoff. The Municipal NPDES Permit includes requirements for Total Maximum Daily Load (TMDL) amounts for 33 different pollutants (i.e. bacteria, metals, toxics, etc.) which may be detected in urban stormwater runoff and cause impacts to 1 AGENDA ITEM 2. s.

2 Ballona Creek and other rivers and storm drains tributary to the Santa Monica Bay. Implementation of projects to comply with the TMDLs is expected to cost millions of dollars per year for the municipalities in the Los Angeles region. The challenges posed by these requirements were analyzed in a recent report completed by the Los Angeles County Division of the League of California Cities and the California Contract Cities Association. The report also recommended, among other things, that the Sanitation Districts' statute be changed to authorize them to assist the cities in managing stormwater and dry weather urban runoff. This change would provide an option for the cities in the Sanitation Districts' service area to use its civil engineering and water quality expertise to support compliance with the Los Angeles Region municipal stormwater permit. Last November, the Board of Directors of Los Angeles County Sanitation District No. 2 initiated actions to pursue legislation that would enable the Sanitation Districts the authority to manage stormwater on a case-by-case basis as requested by member jurisdictions. On February 27, 2015, Senator Ed Hernandez introduced Senate Bill 485 on behalf of the Sanitation Districts. SB 485 is specific to the Sanitation Districts of Los Angeles County and is very similar to existing statutory language in Health and Safety Code Section , which only applies to the Orange County Sanitation District. SB 485 would allow the Sanitation Districts of Los Angeles County to assist local jurisdictions in Los Angeles County with stormwater and dry weather runoff management projects. SB 485 would provide the opportunity for West Hollywood to collaborate with the LACSD and other local agencies on projects to reach regulatory compliance with requirements of the Municipal NPDES Permit. This collaboration with the LACSD could help to reduce the financial burden associated with meeting these regulatory requirements. EVALUATION: Staff will track the progress of SB 485 as it moves through the legislative process. ENVIRONMENTAL SUSTAINABILITY AND HEAL TH: For West Hollywood, State and Federal Clean Water regulations related to the Municipal NPDES Permit are intended to prevent polluted storm water runoff from reaching Ballona Creek and the Santa Monica Bay. California beaches are a precious natural and economic resource. Poor water quality not only threatens the health of aquatic life, swimmers, and beachgoers but also hurts California's ocean-dependent economy valued at $43 billion. Each year between 150 million and nearly 400 million visits are made to California beaches. West Hollywood coordinates closely with the City of Los Angeles, Westside Cities, and South Bay Cities to implement programs. Failure to comply can lead to pollution violations with remediation requirements and fines to a municipality of over $10,000 per day. SB 485 would provide more options to achieve regulatory compliance with municipal stormwater requirements through collaboration between the LACSD and local agencies in Los Angeles County. 2

3 CONFORMANCE WITH VISION 2020 AND THE GOALS OF THE WEST HOLLYWOOD GENERAL PLAN: This item is consistent with the Primary Strategic Goal of INSTITUTIONAL INTEGRITY, Maintain and enhance government integrity in all City operations and the efficient delivery of services. This item is consistent with the following goal of the West Hollywood General Plan: IRC-9: provide safe, sanitary and environmentally sustainable stormwater management. OFFICE OF PRIMARY RESPONSIBILITY: Engineering Division, Legal Services & Legislative Affairs Division, and the City Lobbyist. FISCAL IMPACT: None. 3

4 RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST HOLLYWOOD IN SUPPORT OF SENATE BILL 485 (HERNANDEZ), STORMWATER AUTHORITY FOR THE COUNTY OF LOS ANGELES SANITATION DISTRICTS. WHEREAS, SB 485 would authorize the Sanitation Districts of Los Angeles County to manage Stormwater and dry weather urban runoff. WHEREAS, West Hollywood along with all cities in Los Angeles County, Los Angeles County, and the Los Angeles County Flood Control District are charged with implementation of the Los Angeles Regional Water Quality Control Board's Municipal National Pollutant Discharge Elimination (NPDES) Permit which requires implementation of best management practices and water quality projects to remove pollutants from urban stormwater runoff. WHEREAS, the Municipal NPDES Permit includes requirements for Total Maximum Daily Load {TMDL) amounts for 33 different pollutants (i.e. bacteria, metals, toxics, etc.) which may be detected in urban stormwater runoff and cause impacts to Ballona Creek and other rivers and storm drains tributary to the Santa Monica Bay. WHEREAS, implementation of projects to comply with the TMDLs is expected to cost millions of dollars per year for the municipalities in the Los Angeles region. WHEREAS, the challenges posed by these requirements were analyzed in a recent report completed by the Los Angeles County Division of the League of California Cities and the California Contract Cities Association, which recommended the Sanitation Districts' status be changed to authorize them to assist the cities in managing storm water and dry weather urban runoff. WHEREAS, in November 2014, the Board of Directors of County Sanitation District No. 2 of Los Angeles County initiated actions to pursue legislation that would enable the Sanitation Districts the authority to manage stormwater on a case-by-case basis as requested by member jurisdictions. WHEREAS, Senator Ed Hernandez has introduced SB 485, which would authorize the Los Angeles County Sanitation Districts to provide additional resources for cities in their efforts to manage stormwater and dry weather urban runoff for compliance with the Regional Water Quality Control Board's Municipal NPDES Permit requirements. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of West Hollywood hereby supports SB 485 (Hernandez) to authorize the Sanitation Districts of Los Angeles County to manage stormwater and dry weather urban runoff.

5 PASSED, APPROVED, AND ADOPTED this day of, Mayor ATTEST: 2