Loading...
RPVCCA_CC_SR_2015_04_07_07_Letter_Support_Senate_Bill_485MEMORANDUM TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS FROM: CAROLYNN PETRO, AICP, DEPUTY CITY MANAGER DATE: APRIL 7, 2015 SUBJECT: LETTER OF SUPPORT FOR SENATE BILL NO 485 (HERNANDEZ) REVIEWED BY: DOUG WILLMORE, CITY MANAGER 144�� Project Manager: Kit Fox, AICP, Senior Administrative Analyst (A RECOMMENDATION Authorize the Mayor to sign a letter of support for Senate Bill No. 485 (SB 485), as requested by the Los Angeles County Sanitation Districts. BACKGROUND In 2014, the Los Angeles County Division of the League of California Cities (League) and the California Contract Cities Association (CCCA) completed a study of stormwater funding options for Los Angeles County. This study concluded that funding urban runoff programs is so complex and dynamic, and the solutions so costly, that the County and cities cannot follow a single funding strategy. The study included organizational and policy recommendations to provide additional resources for cities in their efforts, including codifying language to authorize the Los Angeles County Sanitation Districts (LACSD) to manage stormwater and dry weather urban runoff. Authority to manage urban runoff was granted to the Orange County Sanitation District in 2002, which has proven to be a very successful tool to improve water quality in Orange County. The intent of LACSD is to pursue stormwater and dry weather runoff projects in response to requests by cities in order to assist those cities in meeting their stormwater permit requirements. On February 26, 2015, 23rd District State Senator Ed Hernandez introduced Senate Bill No. 485 (SB 485), which would effectuate the recommendations of the League/CCCA study. LACSD is seeking letters of support for SB 485, and Mayor Knight has asked Staff to agenize this matter for City Council consideration on tonight's agenda. DISCUSSION The City of Rancho Palos Verdes is a member of Sanitation District No. 5 of Los Angeles County and the South Bay Cities Sanitation District. SB 485, which would include both 1 MEMORANDUM: Support Letter for SB 485 (Hernandez) April 7, 2015 Page 2 District No. 5 and South Bay Cities, would authorize the Sanitation Districts of Los Angeles County to manage stormwater and dry weather urban runoff. SB 485 would provide another option or tool to assist cities in meeting the requirements of the Los Angeles region's municipal stormwater (i.e., MS4) permit. Most of the cities in Los Angeles County, the County itself and the County Flood Control District are charged in the MS4 permit with implementing new best management practices (BMPs) and water quality projects that will meet the requirements of 33 Total Maximum Daily Loads (TMDLs), which is expected to cost millions of dollars per year. The challenges posed by these requirements were analyzed in the League/CCCA study in 2014. The study 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 will allow the Sanitation Districts to use its civil engineering and water quality expertise to help the cities and County comply in an efficient and effective manner with the Los Angeles Region municipal stormwater permit. If the City Council authorizes the Mayor to sign the draft support letter, Staff will continue to monitor this legislation and provide future updates on an as -needed basis. CONCLUSION In conclusion, Staff recommends that the City Council authorize the Mayor to sign a letter of support for SB 485. ALTERNATIVES In addition to the Staff recommendation, the following alternative actions are available for the City Council's consideration: Do not authorize the Mayor to sign the support letter for SB 485. FISCAL IMPACT There is no fiscal impact associated with authorizing the Mayor to sign the letter supporting SB 485. However, if SB 485 is eventually signed into law, it may provide substantial savings to the City with respect to compliance with the MS4 permit requirements. Attachments: • Draft support letter for SB 485 (Page 3) • Letter from LACSD requesting support for SB 485 (Page 4) • City Council Policy No. 29 (Page 12) MALegislative Issues\SB 485 (Hernandez)\20150407_SB485SupportLetter_StaffRpt.docx 2 April 7, 2015 Senator Ed Hernandez VIA FACSIMILE: (916) 651-4922 California State Senate State Capitol, Room 2080 Sacramento, CA 95814 SUBJECT: SB 485: County of Los Angeles: Sanitation Districts: Support Position Dear Senator Hernandez: On behalf of the City of Rancho Palos Verdes, I am writing authorize the Sanitation Districts of Los Angeles County to n urban runoff. Rancho Palos Verdes is a member of Sanit County and the South Bay Cities Sanitation District. SB 485` to assist cities in meeting the requirements of the Los Anc permit. Most of the cities in Los Angeles County, the Co in the municipal stormwater permit with implemer quality projects that will meet the requirements of Support of SB 485, which would age stormwater and dry weather n District No. 5 of Los Angeles aid provide another option or tool 5 region's municipal stormwater and the Flood Control District are charged new best management practices and water I Maximum Daily Loads (TMDLs), which allenges posed by these requirements igeles County Division of the League of :iation. The report also recommended, be changed to authorize them to assist )an runoff; This change will allow the 'quality expertise to help the cities and th the Los Angeles Region municipal Is expected to cost millions of dollars per year. i ne were analyzed in a recent report completed by the Los California Cities and the Califomia Contract Cities As; among other things, that the Sanitation Qistricts` statu the cities in managing stormwater and dry weather 'i Sanitation Districts to use its'civil.engineering and wa county comply in an efficient and effective manner stormwater permit. For these reasons, we thank you -far introducing SE legislation. If you have any questions, please co (310) 544-5226 or kitfa@rrpvca.gov., Sin Jim Knight, Mayor City of Rancho Palos and are pleased to support this important Senior Administrative Analyst Kit Fox at cc: Rancho Palos Verdes City Council Doug Willmore, City Manager Carolynn Petru, Deputy City Manager Michael Throne, Director of Public Works Kit Fox, Senior Administrative Analyst Assembly Member Anthony Rendon, FAX (916) 319-2158 Assembly Member Cristina Garcia, FAX (916) 319-2163 Senator Carol Liu, FAX (916) 651-4925 Sharon Green, Sanitation Districts of Los Angeles County, sgreen(d)lacsd.org Kristine Guerrero, Los Angeles County Division, LOCC, kguerrero _cacities.org MALegislative Issues\SB 485 (Hernandez)\20150407_Hernandez_SB485SupportLetter.docx 9 Ra €d, Vv`{,06(�r, ',, A 90(','€() i - i 40;) Mu €Ii:s<, d,'I i,.:; ( C). ho x , 99t;, l It;t3ir:r, CCA SAG; +07. -19 t oh;A3 e , a62! 699 =11, FAX,562) 6?9-5A22 Boards of Directors County Sanitation Districts of Los Angeles County Dear Directors: OF LOS Ai N G z.: " 1..... T:::". v" :�.) COI JP `.4TY March 9, 2015 Gk'.AC_E ROERII`vSON Iiv ):' C h, f Engjoe;r ,:iE.nF. ger Senate Bill 485 (Senator Ed Hernandez, Co-authors: Senator Carol Liu, and Assemblymembers Christina Garcia, and Anthony Rendon) - County of Los Angeles: Sanitation Districts Last November, the Board of Directors of County Sanitation District No. 2 of Los Angeles County took action to direct staff to pursue legislation that would provide the Sanitation Districts the authority to manage stormwater on a case-by-case basis as requested by our member jurisdictions. This action was taken after the endorsement of the Personnel Committee, made up of the chairpersons of all the Boards and atter brieflnp to the other Boards. On February 27, 2015, Senator Ed l-Ternandez introduced Senate Bill 485 (Bill) on behalf of the Sanitation Districts. This letter includes a copy of the Bill, a fact sheet regarding the proposal, a sample letter of support to Senator Hernandez for your consideration, and a copy of the support letter sent by the Los Angeles Division of the League of California Cities. As you know, the Regional Water Quality Control Board (Los Angeles Region) has imposed significant stormwater management requirements on cities and the County of Los Angeles' unincorp- orated areas through the Municipal Separate Storm Sewer System (MS4) Permit as revised in 2012. Throughout 2013 and 2014, 1 provided various status reports on efforts related to the MS4 Permit. Currently, the Sanitation Districts do not have statutory authority to manage stormwater, Nothing in the legislation would mandate either projects or fees imposed by the Sanitation Districts and, as stated in the Bill's language, nothing; in the legislation would affect existing water rights and laws. The proposal would allow the Sanitation Districts to provide, as an option for jurisdictions in our service area, technical support to achieve compliance with municipal stormwater requirements. The Bill will be referred to a policy committee in March and the first legislative hearing will be held in April or early May. We respectfully ask for your support of the legislation. Please contact me or Ms. Sharon Green, Legislative & Regulatory Liaison, if you have any questions or need more information. I will continue to advise you as the Bill progresses through the legislative process. Veerjy.� truly yours, Grace Robinson Hyde GRH:ksc Enclosures cc: City Managers/Administrators Department of Public Works, Directors DOC #3255682 air Recycled tApt,,. moi+ 12 SENATE BILL No. 485 Introduced by Senator Hernandez (Coauthor: Senator Liu) (Coauthors: Assembly Members Cristina Garcia and Rendon) February 26, 2015 An act to add Section 4730.68 to the Health and Safety Code, relating to public sanitation. LEGISLATIVE COUNSEL'S DIGEST SB 485, as introduced, Hernandez. County of Los Angeles: sanitation districts. The County Sanitation District Act authorizes a sanitation district to acquire, construct, and complete certain works, property, or structures necessary or convenient for sewage collection, treatment, and disposal. This bill would authorize specified sanitation. districts in the County of Los Angeles, to acquire, construct, operate, maintain, and furnish facilities for the diversion, management, and treatment of stormwater and dry weather runoff, the discharge of the water to the stormwater drainage system, and the beneficial use of the water. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles. Vote: majority. Appropriation: no. Fiscal committee: no. State -mandated local program: no. The people of the State of California do enact as follows; 1 SECTION 1, The Legislature hereby finds and declares all of 2 the following: 3 (a) The county sanitation districts of Los Angeles County 4 (sanitation districts) were established in 1923 under the County 99 5 SB 485 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 2— Sanitation District Act (Chapter 3 (commencing with Section 4700) of Part 3 of Division 5 of the Health and Safety Code). (b) The sanitation districts provide regional solid waste management and wastewater collection and treatment services for 5.5 million people in 78 cities and unincorporated communities. (c) Eighty-four cities in Los Angeles County, the Los Angeles County Flood Control District, and Los Angeles County unincorporated areas are all regulated under a permit for the Municipal Separate Storm Sewer System (MS4), the most recent of which was adopted by the California Regional Water Quality Control Board, Los Angeles Region, in December 2012. (d) The City of Long Beach is regulated under its own permit for its MS4, the most recent of which was adopted by the regional board in February 2014. (e) The MS4 is a large interconnected system that encompasses over 3,000 square miles, and is controlled in large part by the Los Angeles County Flood Control District and used by multiple cities along with Los Angeles County. (f) The Los Angeles County Flood Control District is primarily focused on operation and maintenance of the larger, downstream MS4 infrastructure into which the smaller, upstream city MS4 infrastructure discharges. (g) This extensive system conveys stormwater and non-stormwater across municipal boundaries where it is commingled within the MS4 and then discharged to receiving water bodies, such as the Los Angeles River and San Gabriel River. (h) It will be necessary for the cities, Los Angeles County Flood Control District, and Los Angeles County to spend millions of dollars per year to comply with the Los Angeles Region MS4 permits. (i) The Los Angeles Region MS4 permits prohibit the discharge of non-stormwater discharges to MS4 (unless authorized under another permit or specifically exempted from the MS4 permit), and one management technique that can be effective in cleaning up non-stormwater discharges is to divert dry weather runoff into the sanitary sewer system, if sewer and treatment plant capacity are available and other regulatory requirements are met. 0) Many of the cities, the Los Angeles County Flood Control District, and Los Angeles County are preparing watershed management plans and enhanced watershed management plans in 99 on • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 —3— SB 485 order to identify stormwater and dry weather urban runoff projects and activities that will bring the MS4 under their jurisdiction into compliance with the Los Angeles Region MS4 permits. (k) The presiding officers of the cities and the Chairman of the County Board of Supervisors serve as members of the boards of directors of the sanitation districts. (0 The administrative board of directors of the sanitation districts formally requested that the Sanitation Districts seek the authority to use its civil engineering and water quality expertise to help the cities and county manage stormwater and dry weather urban runoff in order to comply in an efficient and effective manner with the Los Angeles Region MS4 permit. (m) Because of the unique circumstances of the sanitation districts and the Los Angeles Region MS4, special legislation is necessary to augment the sanitation districts' powers under the County Sanitation District Act. SEC. 2. Section 4730.68 is added to the Health and Safety Code, to read: 4730.68. (a) This section applies only to county sanitation district numbers 1, 2, 3, 4, 5, 8, 9, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 27, 28, 29, and 34 of Los Angeles County, Newhall Ranch Sanitation District, South Bay Cities Sanitation District of Los Angeles County, and Santa Clarita Valley Sanitation District of Los Angeles County, and any new county sanitation district subsequently formed in the County of Los Angeles. The powers granted in this section supplement the existing powers of each district. (b) A district may acquire, construct, operate, maintain, and furnish facilities for any of the following purposes: (1) The diversion of stormwater and dry weather runoff from the stormwater drainage system within the district. (2) The management and treatment of the stormwater and dry weather runoff. (3) The discharge of the water to the stormwater drainage system or receiving waters. (4) The beneficial use of the water. (c) In order to carry out the powers and purposes granted under this section., the district may exercise any of the powers otherwise granted to a district by this chapter to the extent those powers may be made applicable. 99 SB 485 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 —4— (d) This section does not affect any obligation of a district to obtain a permit that may be required by law for the activities undertaken pursuant to this section. (e) For purposes of this section, "stormwater" and "dry weather runoff 'have the same meaning as in Section 10561.5 of the Water Code, (f) Nothing in this section shall be construed to require any local agency to participate, financially or otherwise, in a project pursued under the authority granted by this section, (g) This section is not intended to alter any of the following: (1) Existing water rights, including any adjudicated rights. (2) Existing water rights law. (3) Any rights, remedies, or obligations that may exist pursuant to Article . i (commencing with Section 1200) of Article 1.5 (commencing with Section 1210) of Chapter 1 of Part 2 of Division 2 of the Water Code, or Chapter 8.5 (commencing with Section 1501) of Part 1 of Division 1 of the Public Utilities Code. . SEC. 3. The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article N' of the California Constitution because of the unique ' circumstances of the County Sanitation Districts of Los Angeles County. •❑ 99 C alifarni i Mate Smate STATE C.APIiOL ROOM 2080 SACRAMENTO, CA 95814 SENATOR TEL (916) 651-4022 FAX /016) 651.4922 ED HERNANDEZ, O.D, TWENTY-SECOND SENATE DISTRICT SB 485 (Hernandez) Los Angeles County Sanitation Districts: Stormwater Authority 100 S. VINCENT AVENUE SUITE 401 WEST COVINA. CA 91790 "SEL 16261430✓L499 FAX (6261430- 2494 P r se SB 485 would provide cost-effective flexibility to achieve compliance with municipal stormwater requirements through collaboration among existing local agencies in Los Angeles County. Background The Sanitation Districts of Los Angeles County (LACSD) are organized pursuant to the County Sanitation District Act and are authorized under statute to manage wastewater and solid waste. Current law does not grant authority to LACSD to manage stormwater. LACSD is a group of 24 special districts created in the 1920s by statute for the express purpose of wastewater management. In 1957, the statute was amended to authorize solid waste management by county sanitation districts. Each district is governed by a board of directors comprised of the presiding officers of each jurisdiction in the service area. In Los Angeles County, all county sanitation districts share one staff, resulting in efficient, cost effective regional operations. LACSD is one of the largest producers of recycled water in the state. Beginning in 1991, the Los Angeles Regional Water Quality Control Board imposed requirements via permit on local jurisdictions' municipal separate stormwater system ("MS4"). The requirements were gradually increased in several subsequent permit renewals, culminating in the most recent permit adopted in December 2012. Compliance with the MS4 permit requirements have been estimated to cost billions of dollars. The requirements not only address stormwater but also prohibit discharge of dry weather runoff (such as over -irrigation). While the Districts do have authority to accept dry weather runoff into the sewer system as "wastewater", the Districts are seeking to obtain new authority to manage stormwater and dry weather urban runoff in standalone projects to cost effectively aid jurisdictions in complying with their stormwater-related regulatory requirements. Projects would be determined on a case-by-case basis in conjunction with local jurisdictions within our service area. This bill SB 485 would allow the Sanitation Districts of Los Angeles County to assist local jurisdictions in Los Angeles County in stormwater and dry weather runoff management projects. SB 485 would be specific to the Sanitation Districts of Los Angeles County and is similar to statutory language in Health and Safety Code Section 4730.66, chaptered in 2002, which only applies to the Orange County Sanitation District. The language would supplement the existing powers of the Districts and would allow each District to acquire, construct, operate, maintain, and furnish facilities for all or any of the following purposes: • Diversion of stormwater and dry weather runoff from the stormwater drainage system; Management and treatment of stormwater and dry weather runoff; • Discharge of the water to the stormwater drainage system or receiving waters; and The beneficial use of the water. The bill would also establish that jurisdictions are not required to participate in projects done pursuant to this authority and that nothing in this legislation is intended to change any existing or established water rights, adjudicated rights, or obligations under the Service Duplication Act. Contact Alen Norring / alex.norxing@sen.ca.gov / 916-651-4022 SB _ (Hernandez) Page 2 10 Los Angeles COunty Division r� 1.vaguv o FCAi10rniv (;thaw 1� �.j ' , Iln- February 26, 2015 Senator Ed Hernandez California State Senate State Capitol, Room 2080 Sacramento, CA 95814 Via Fax: (91.6) 651-4922 RE: SB 485 (Hernandez) SUPPORT Stormwater, County Sanitation Districts of Los Angeles. Senator Hernandez: On behalf of the Los Angeles County Division of the League of Cities (Division), representing 86 cities in the County, l am pleased to notify you of our support for your SB 485, to allow authority for the Los Angeles County Sanitation Districts (LACSD) to manage Stormwater and dry weather runoff. SB 485 is a helpful step for our cities to comply with the Clean Water Act and the Porter -Cologne Act; meet requirements under the Los Angeles Regional Water Board's MS4 permit requirements; and improve the region's water supply and quality. Last year, the Division and the California Contract Cities Association completed a thorough report, "Stormwater Funding Options, Providing Sustainable Water Quality in Los Angeles County. ' The report, spearheaded by a Steering Committee of local elected officials and city managers with collaboration from key stakeholders, determined that funding urban runoff programs is so complex and dynamic, and the solutions so costly, county and cities cannot follow a single funding strategy, Our report included organizational and policy recommendations to provide additional resources for cities in their efforts, including codifying language to authorize the Sanitation Districts of Los Angeles County to manage stormwater and dry weather urban runoff. Authority to manage urban runoff was granted to the Orange County Sanitation District in 2002, which has proven to be a very successful tool to improve water quality in Orange County. The intent of LACSD is to pursue stormwater and dry weather runoff projects in response to requests by cities in order to assist those cities in meeting their stormwater permit requirements. Again, we support SB 485. Thank you again for leading this effort. Should your office have any questions, please contact Kristine Guerrero (626) 716-0076 or kguerrero c ,cacities,org. Sincerely, Steven Ly President Los Angeles County Division League of California Cities CC: Senator Carol Liu, Coauthor, Fax (916) 651-4925 Assembly Member Anthony Rendon, Coauthor, Fax (916) 319-2158 Assembly Member Cristina Garcia, Coauthor Fax (916) 319- 2163 Sharon Green, Los Angeles County Sanitation Districts 2014-15 OFFICERS AND BOARD OF DIRECTORS PRESIDENT STEVEN Lx ROSEMEAD -VICE. PRESIDENT CA[{OF. CIIEA, 4;,',ERRITOS ,,,ECRETARY M ICH EA L O' LEA.R E Crn.vr:R Crry TRP.ASURER ,YFS'STAl.AMA TES BORRANK Sr.ArC IA AGM DIRECTOR OWEN NEWCOMER WHITTLER .LYRtMDIArr PAST PRESIMW BRUCE BARROWS CERRITOS .REGIONAL DIRECTORS ,ARROYO VERDUGO CITIC LAURA FRIFDMAR GLENDALE, CITY of LOS ANGELES ,JOHN WIC.ICIIAM Los ANGelra GATEWAY CITIES (;UC3 i,,ARR:' 1FORES' rER SIGNAL. 11M. LAS \hRGEM S-a,L iBU Co(, MARK RUTHERFORD WESTL.AKE VILLAGE 5.AN GABRIEL V.u.LEY 7G SAM PEDROXA CL.APPAONT Y.S\ADO VA LLEY: )G VACANT 3_oUIJH AY CITIES COG JIM OOODHAR"1' PAWS VERDES 17SIA"1`cS LarSTSIDEC:TITLS�()i DR. WILLIE BRIEN I1r.VER1Y H11A.S Exr,o+fly-' D1R1iCrOR ,1E,N':1FF.R QUAN 11 CITY COUNCIL POLICY NUMBER: 29 DATE ADOPTED/AMENDED: 08/01/95 (amended 02/19/02 & 03/04/14) SUBJECT: Legislative Activities of the City Council POLICY: It shall be the policy of the City Council that the staff shall prepare and present periodic legislative updates for the Council's review and consideration. The legislation monitored Legislative Guidelines shall address issues at the regional, County, State and Federal level and shall focus upon anticipated or proposed laws, regulations, rules, or policies that may impact the City or the region. The legislation monitored will include both those issues that the City Council decides either to support or oppose and those that they choose to identify as issues of concern, but not take a position on. The determination of what position to take on pending legislation shall be solely that of the City Council. Staff will periodically, at the request of a Council member, place matters of pending legislation on the City Council agenda for consideration. Staff will provide regular updates on the status of any legislative action affecting any issues of concern to the City Council through the Weekly Administrative Report. If the majority of the Council votes to support or oppose legislation, staff shall prepare the appropriate correspondence to the appropriate Federal, State, County and/or regional legislative representative(s) expressing the position of the City. Individual Council members may wish to support or oppose a specific piece of legislation whether the Council has taken a position on such legislation or not. Any legislative activity by an individual Council member, including preparing legislative correspondence, may be conducted by any Council member, who shall state that he or she is not acting on behalf of the City and is representing his or her own personal views. However, staff shall not assist in any legislative activity of an individual Council member, including the preparation of legislative correspondence, unless the legislative item has appeared on a Council agenda and has received a majority vote of the Council. The League of California Cities' "Legislative Bulletin" and any appropriate publication that summarizes legislation shall be provided as part of the Weekly Administrative Report to each member of the Council for review. 12 BACKGROUND: The City Council initially adopted a policy for Council involvement in Federal and State legislative advocacy in 1995. Although the policy seems to have worked adequately over the first seven years, by 2002 it was thought that it did not allow the City to respond rapidly to requests to support or oppose legislation that may be before a committee or on the floor or the Assembly or before Congress and needs immediate action on the part of supporters or opponents. Therefore, the policy was amended in 2002 to address these perceived deficiencies. In 2014, the policy was amended again to revise the procedure for monitoring legislation, and to explicitly include legislative issues at the County and regional level. The City Council's revised legislative policy establishes an internal process for identifying, tracking and advocating its position on pending legislation synchronized to the fast -paced "legislation time clock." Through this proactive policy, the City Council hopes to have a stronger "voice" in the Peninsula/South Bay region, Los Angeles County, Sacramento and Washington, DC. 13