01-16-2001 - Application for Sub-Watershed Municipal NPDES Permit0
City of West Covina
# Memorandum
AGENDA
TO: Daniel G. Hobbs, City Manager ITEM NO. C-6f
and City Council DATE January 16, 2001
FROM: Thomas M. Mayer
Public Works Director/City Engineer
SUBJECT: APPLICATION FOR A SUB -WATERSHED MUNICIPAL NPDES PERMIT
SUMMARY: The City of West Covina is a co-permittee in a countywide NPDES permit which
is due for renewal. To possibly save substantial future compliance costs, the City
can be a co-permittee in a San Gabriel River sub -watershed permit.
BACKGROUND:
Since 1992, the City has been a co-permittee under the Los Angeles County Municipal NPDES
permit. The existing permit, which was adopted in July of 1996, is scheduled to expire in July of
2001. All municipalities in Los Angeles County are required to apply for permit renewal by
February 1, 2001. The current permit extends to 83 other cities, as co-permittees, and to the
County of Los Angeles, as the Principal Permittee. The 83 cities are divided into six watershed
areas: (1) Malibu Creek and Rural Santa Monica Bay; (2) Ballona Creek/Urban Santa Monica
Bay; (3) San Gabriel River WMA; (4) San Gabriel Rivex; (5) Dominguez Channel/Los Angeles
Harbor; (6) Santa Clara River WMA. The City, along with 28 other cities, is located in the San
Gabriel River Watershed.
Recently, several cities throughout Los Angeles County have expressed an interest in becoming
parties to a different type of permit — one that would: (1) cover only municipalities within a sub -
watershed instead of having all cities under a single county -wide permit; (2) limit the County's
ability to make decisions for cities without their concurrence; and (3) facilitate qualifying for
State Proposition 13 funds (2000 Water Bond Act).
Other cities in the County are moving towards watershed and sub -watershed based permits. The
City of Santa Clarita, along with the County of Los Angeles is in the process of applying for one.
Cities in the Upper and Lower Los Angeles River sub -watersheds are also considering following
suit. And, in the Lower San Gabriel River sub -watershed, the cities there are already in the process
of preparing a permit application.
DISCUSSION:
Creation of an Upper San Gabriel River Sub -watershed
The San Gabriel River, is divisible into two sub -watersheds: (1) Upper San Gabriel River and
Lower San Gabriel River. The City would be part of the Upper San Gabriel River, along with other
municipalities, including: Azusa, Baldwin Park, Bradbury, Claremont, Covina, Diamond Bar,
Duarte, Glendora, Irwindale, La Puente, La Verne, Pomona, San Dimas, Walnut and West Covina.
The Upper San Gabriel River sub -watershed cities are distinguished from the Lower San Gabriel
River sub -watershed cities by the fact that they drain into the Whittier Narrows Spreading Grounds.
• Role of the County of Los Angeles
Under the current permit, the County of Los Angeles is the Principal Permittee. Under a sub -
watershed based permit, the county would continue to be a Principal Permittee, but limited in its
ability to negotiate permit requirements/programs without approval from cities in the sub -
watershed. Under this arrangement, the county would continue, using flood control assessment
funds, to provide the same valuable services as it does now, such as: managing permittee meetings;
providing funds for industrial/commercial site visits; and preparing annual reports. Further, in the
event the county is forced, under the threat of litigation, to enter into a settlement agreement with
the environmental community, cities would be less likely to become unwilling parties to such a
settlement.
XAAGENDA - 2001\APPLICATION NPDES PERMIT.doc:2001-102 (ct)
ti
Daniel G. Hobbs, City Manager
and City Council
Page 2 — January 16, 2001
The Need for a Sub -watershed Permit
The San Gabriel River watershed's size adversely affects municipal NPDES permit management.
It stretches about 58 miles from the San Gabriel Mountains to Los Alamitos Bay and includes about
29 cities within an area of 640 square miles. Although all of the municipalities located in this
watershed drain into a common water body — the San Gabriel River — they do not share the same
hydrology and water quality issues. For example, water quality issues for Glendora are different
from those of Norwalk.
Recently, the County of Los Angeles has formed a watershed management division, the purpose of
which is to manage water conservation (groundwater recharge), flood control, and storm water
quality. Storm water, groundwater, and flood control issues are not uniform throughout the San
Gabriel River Watershed. For example, flood control is more an issue for the cities in the Lower
San Gabriel River than for the Upper San Gabriel River. Further, groundwater contamination is an
issue for the Upper San Gabriel River cities, but not so much for cities in the Lower San Gabriel
River. Storm water quality issues are different from the Upper and Lower reaches of the river
because of differences in hydrology, beneficial uses, and impairments to those uses.
• Proposition 13 Funds
Last March, voters of Los Angeles County adopted Proposition 13 (2000 Water Bond Act) to sell
$1.97 billion in general obligation bonds to support safe drinking water, water quality, flood
protection and water reliability projects throughout the state. Proposition 13 makes funds in the
form of grants to municipalities for watershed protection. The City, as a permittee of a sub -
watershed, would be in a more competitive position to obtain Proposition 13 funds than under the
current permit.
Under the current permit obtaining funds would be more difficult because of the size of the San
Gabriel River watershed and the differences between cities located therein. Specifically, agreement
on how to use the funds would be difficult because of the different water quality issues between the
Upper and Lower reaches of the San Gabriel River.
The county, as the Principal Permittee under a single permit, would continue to have a great deal of
influence in determining how those funds would be spent. Under the alternative permit, however,
the county would not be able to monopolize decision -making over this and other significant permit
issues. Cities would have more of a say in determining for what purpose those funds would be
used. For example, the funds could be used to purchase control devices to meet the trash TMDL
requirement now being proposed by the regional water quality board staff. Or, the funds could be
used to pay for a study to determine the feasibility of using the Whittier Narrows Spreading
Grounds as a massive infiltration device that could be used to meet Standard Urban Stormwater
Mitigation Plan ("SUSMP") requirements for new developments.
OPTIONS:
The City could continue as a co-permittee in the countywide NPDES permit.
X:AGENDA - 2001APPLICATION NPDES PERMIT.doc
Daniel G. Hobbs, City Manager
and City Council
Page 3 — January 16, 2001
FISCAL IMPACT:
There will likely be a minor fiscal impact associated with this recommendation. The cost of
applying for a new municipal NPDES permit is $10,000 -- regardless of the number of
permittees. As a countywide permit, the county has paid for the application fee. It is not clear as
to whether it will do so for cities opting for watershed/sub-watershed permits. If it does not, the
cost would be spread to each of the cities. There are about 16 agencies (15 cities and the county)
.situated in the Upper San Gabriel River watershed. The cost of the permit application to the city
would be determined by the number of applicants divided into the $10,000 application fee and
would range from $625 to $1,430 per applicant. Funding is available in Account No. 189-320=
3504-7900, Miscellaneous NPDES, to cover the City's application fee.
RECOMMENDATION:
It is recommended that the City Council adopt the following resolution that authorizes an
application for a municipal NPDES permit that would be limited to cities in the Upper San Gabriel
River, provided that a majority of municipalities located therein join in the application for the
permit.
RESOLUTION NO. 00/-,T-- RESOLUTION OF THE CITY COUNCIL OF,
THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING
PARTICIPATION IN AN UPPER SAN GABRIEL RIVER MUNICIPAL
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
PERMIT.
Thomas M. Mayer
Public Works Director/City Engineer
Attachment: Resolution
X:\AGENDA - 2001\APPLICATION NPDES PERMIT.doc