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
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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
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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
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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
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—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.
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(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
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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
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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