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HomeMy WebLinkAbout7/7/2004 - STAFF REPORTS (7) �?ALM Sp ��y City of Palm Springs N Office of the Assistant City Manager and City Attorney 3200 Tahquitz Canyon Way „o,,Ea.• Palm Springs, CA 92262 r'4<00{tN�P (760) 323-8202 (760) 323-8207 (fax) terrik@ci.palm-springs.ca.us MEMORANDUM TO: HONORABLE MAYOR; COUNCIL MEMBERS JU;d 1 1 ZOO, COPY: DAVID READY; DOUG EVANS FROM: DAVID J. ALESHIRE DATE: JUNE 17, 2004 RE: OPPOSITION TO SB 1477 (SHER) Attached is a staff report sent to some 30 cities in Los Angeles County soliciting a letter of opposition to the above Senate Bull. You will recall that for sometime the Corps of Engineers which has jurisdiction of "navigable waterways" asserted that dry washes in the desert constituted such waterways and that they had jurisdiction over dry ravines and washes. This interfered with development of such projects as Shadowrock. The courts eventually ruled that the Corps had overreached itself and such areas were not "navigable'. The above legislation attempts to assert state jurisdiction over such non-navigable "isolated", "intermittent", "ephemeral" drainage areas to counteract the loss of Federal authority. The reintroduction of such non-local governmental authority is a threat to local land use regulation, particularly where Palm Springs' best development opportunities are found in canyon areas with many drainage areas. Of course, these areas are by no means waterways or wetlands. The City has been struggling with obstructionist efforts to create governmental authority which can prevent developers from proceeding even when they have complied with all City development processes. I believe the City should support Signal Hill and the other cities opposing SIB 1477. A form letter is included in the staff report. I would be happy to answer any questions. DJA/tk c;1 A JUN 17 2004 % COALITION FOR PRACTICAL REGULATION "It's aboutsavingjobs' i rr; t- i, June 8, 2004 1 MEMORANDUM ARCADIA A BALDWIN PARK TO: CPR CITY MANAGERS ALDW BELL BELLFLOWER FROM: KEN FARFSING BELL GARDENS CITY MANAGER � � BRADBURY SIGNAL HILL CERRITOS v..MERCE Sui.7-,J.ECT: OPPOSE Sirs 14.77 (UNLESS AMENDED) — COMPTON EXPANDS REGULATIONS ON LOCAL WATER COVINA DIAMOND BAR BODIES DOWNEY GARDENA SB 1477 (Sher), the so-called "Water Quality Protection Act of 2005" HAWAIIAN GARDENS will add another layer of State permits to "isolated, non-navigable INDUSTRY waters, wetlands, riparian areas, intermittent, ephemeral and IRWINDALE perennial streams." The bill is being touted as protecting "wetlands," LA CANADA FuNOtlDGE but goes far beyond wetland protection. LA MIRADA LAKEWOOD LAWNDALE • Requires the State Board to establish a program to "protect MONROVIA and restore isolated waters, wetlands, riparian areas, and MONTEBELLO intermittent, ephemeral, and perennial streams." MONTEREY PARK NORWALK . Requires "waste discharge requirements to be issued for PALM VERGES ESTATES such water bodies that afford the same, or graalel �'ARAMOUNT r fuvel of PIRG RIVERA protection as was provided under applicable provisions of the POMONA Clean Water Act regulations that were in effect on December RANCHO PALOS VERDES 31, 2000." ROSEMEAD SANTA FE SPRINGS Requires the "adoption of beneficial use categories that SAN GABRIEL recognize the basin wide values of isolated waters, wetlands, SIERRA MADRE riparian areas, and intermittent, ephemeral, and perennial SIGNAL streams, including, but not limited to floodwater retention, SOUTH ELL MONTE SOUTH GATE pollutant removal and habitat connectivity." TEMPLE CITY Not only does this bill go far beyond wetland protection, it is not VERNON even necessary for wetland protection. The California Department WALNUT of Fish & Game already has broad powers to protect wetlands. In WEST COVINA fact, designation of wetlands for State protection is already much WHITTIER easier that designation for federal protection. Only California artc d L2175 Cherry Ave., Signal Hill, CA 90755- {562) 989-7306 www.citiessavejobs,com Memo on SB 1477 June 8, 2004 Page 2 Requires that wetlands meet one criterion for protection — while federal protection requires meeting three criteria. Unintended Impacts of the Bill Many cities have "isolated waters" in lakes and ponds not connected to the local flood control system. For example, golf course or park lakes and ponds would be regulated under a new set of "NPDES-like' permits. The new law would require water quality standards and beneficial uses for these local water bodies. The new law would also cover local drainage structures, not directly connected to federal water bodies (i.e. local flood control channels). The new law would also cover intermittent or ephemeral water flows (those that only flow during certain times of year). The bill will impose a new unfunded water quality mandate on local government. The bill is due to heard on June 15th before the Assembly Environmental Safety and Toxics Committee. The Committee Chair is John Laird. Assembly Members Chu and Lowenthal are Committee members from our area. The bill is due to be heard on June 22nd before the Assembly Water, Parks and Wildlife Committee, The Committee Chair is Joe Canciamilla. Rudy Bermudez is a Committee Member from our area. The League is taking an "oppose unless amended" position on the Bill. Other organizations opposed to the bill include include the Association of California Water Agencies, California State Association of Counties, Consulting Engineers and Land Surveyors and the Regional Council of Rural-Counties. There are also several business and trade organizations opposed to the bill, including the Building Industry Association, the California Chamber of Commerce and Western Growers Association. I have attached a copy of the League's letter of opposition. Key Opposition Points We are urging the cities to write and fax to the Committees ASAP and expreess your concerns. Please contact your individual legislators if they are Committee members. • Cities support the intent of the bill — to protect wetlands, but are concerned that SB 1477 is unnecessary and "overly broad". It would extend unnecessary permits to local lakes, ponds, drainages not directly connected to the regional flood control system (which are federally and state permitted). The new permits would include streams, drainage pipes and ditches that are seasonal in nature, some with low water flows, even during the rainy season. Memo on SB 1477 June 8, 2004 Page 3 • Cities are concerned about the time and resources necessary for another level of State permits, outside of the currently required Fish & Game permits and the NPDES Permits and WDR's for storm water. Another level of five-year permits wNI be expensive and time consuming for the municipalities and for the water boards. • The bill establishes by the law of three or more new beneficial uses — floodwater retention, pollutant removal and habitat connectivity, which will now be applied to a broad list of local water bodies. The current Water Quality Control Plans (Basin Plans) already contain 24 separate beneficial uses. These include Wildlife, Biological Habitat, Rare, Threatened and Endangered Species and Migration beneficial uses. It is unclear if the Regional Boards will now apply these new beneficial uses to the all water bodies — including state and federal water bodies. How do these three new beneficial uses overlap and relate with the existing beneficial uses? The beneficial uses may need revision, but this should be done after careful review by the water boards and participation by all stakeholders. • SB 1477 is another unfunded mandate on local government. The bill does not address the fiscal impacts to local government of applying the "same or greater level of protection' to isolated water bodies. Local government is currently struggling with the high costs of NPDES and TMDL compliance programs. Additional new water quality programs will only worsen local government budgets. I have also attached a copy of two sample letters — one to Joe Canciamilla, the Chair of the Water, Parks and Wildlife Committee Committee. This letter can be reformatted and sent to John Laird, Chair of the Environmental Safety and Toxics Committee. cc: Steering Committee Lp T T 1400 K Street, Suite 400 • Sacramento, California 95814 tl V Phone: 916.658.8200 Fax: 916.658.8240 OF CALIFORNIA www.cacities.org 4 _ CITIES June 7, 2004 Senator Byron Sher State Capitol, Room 2082 Sacramento CA 95814 RE: SB 1477 (Sher), as amended May 24. Water Quality. Wetlands. NOTICE OF LEAGUE OPPOSITION UNLESS AMENDED Dear Senator Sher: On behalf of the League of California Cities, I regret to inform you that the League must respectfully oppose SB 1477, unless it is amended. This measure would establish a new regulatory framework for wetlands and other water bodies not previously regulated by either the State Water Resources Control Board or the federal government. Although SB 1477 seeks to fill the regulatory gap created by a court decision regarding the authority of the Army Corps of Engineers, the League believes that in reality, the bill goes far beyond this goal. Instead, it would create not only a new California-only regulatory scheme for wetlands, it would expand the authority of the state and regional boards to regulate and require NPI)ES permits-in areas never before covered. If the bill were amended to narrowly limit its applicability to only the limited area previously regulated by the Army Corps, the League would not object. In fact, it is our understanding that the State Water Resources Control Board believes that it has sufficient existing statutory authority to regulate the"SWNCC gap". The basis of the League's objections to SB 1477 are vaned. We believe that even those portions of the bill which are intended to fill the regulatory gap caused by the court decision are flawed. For example, the bill would expand the authority of the state and regional water quality control boards into upland riparian areas 100 meters away from water bodies that were never regulated by the Army Corps. We are also concerned that the bill would expand the range of areas considered"waters of the state" and thus requiring an NPDES permit. Finally, we believe that other state and federal agencies, such as the Department of Fish and Game and the U.S. Fish and SB 1477 Notice of Opposition Page 2 of 2 June 7, 2004 Wildlife Service, already have the authority necessary for regulation that the bill proposes to give to the water boards. In addition, we object to the new regulatory given to the State Board to protect"habitat connectivity". We are concerned about the scopM of this term and how broadly it could be interpreted. This could potentially increase project costs, and would establish expansive regulatory duplication for areas that previously were not subject to Water Board regulatory authority. Finally,by expanding the definition of wetlands to all waters, including ephemeral, intermittent and perennial streams,which may be water bodies for only a very brief period during the year,the bill could be construed to require no net loss for these areas and thus significantly increase the regulatory burden on projects in these areas. The League of California Cities has serious objections to measures that create unnecessary expanded and duplicative regulatory authority for state agencies. We believe that the provisions of SB 1477 are overly broad and would create a new regulatory fi-amework that vastly exceeds the so-called SWANCC gap. If the bill were truly limited to ensuring that the SWANNC gap is filled, the League would not object. However, as currently drafted, the bill goes far beyond that narrow goal. For these reasons, the League must respectfully oppose SB 1477 unless it is amended. Sincerely, `Yvonne Yfunter Yvonne Hunter Legislative Representative Cc: Members and Consultant, Assembly Water Parks and Wildlife Committee Members and Consultant,Assembly Environmental Safety and Toxic Materials Committee Patty Zwarts, Legislative Director, Cal EPA 81314770pAmen.doc 0�SIGN�q�, v CITY OF SIGNAL HILL 2175 Cherry Avenue•Signal Hill,California 90755-3799 June 8, 2004 Honorable Alan Lowenthal State Assembly, District No. 54 P.O. Box 94248-0001 Sacramento, CA 94248 SE — 1477— Oppose Unless Amended Dear Assembly Member Lowenthal: We are requesting that you oppose SB 1477 (Sher), the "Water Quality Protection Act of 2005." Although aspects of the proposed legislation protect wetlands, the proposed bill is overly broad. Our City is concerned about the unintended impacts of the bill. The new law would establish water quality standards for public and private waters, including local drainages, in what the bill terms as "isolated waters." These are waterways and water bodies not directly connected to the flood control system. Areas like municipal and private lakes and ponds would be regulated. The new law would also regulate intermittent or ephemeral waters, many of which have limited flows in our semi-arid region. • SB 1477 will extend unnecessary permits and undetermined water quality standards to local lakes, ponds and drainages not directly connected to the regional flood control system. • We are concerned about the time and resources necessary for this second level of State permits, outside of the currently required NPDES permits and WDR's for storm water. Another level of five-year permits will be expensive and time consuming for the cities and for the water boards. • The bill will establish by operation "three or more" new beneficial uses - floodwater retention, pollutant removal and habitat connectivity, which will now be applied to a broad list of local waters. These three or more beneficial uses will be on top of the current 24 beneficial uses currently required in the Los Angeles Regional Water Quality Control Plan (Basin Plan). Many of the current beneficial uses appear to overlap the "three or Hon. Alan Lowenthal June 8, 2004 Page 2 • more" specified in the bill — including Wildlife, Biological Habitat, Rare, Threatened and Endangered Species and Migration beneficial uses. • We believe that SB 1477 will turn into yet another unfunded mandate on our city. The bill and the analysis ignore the fiscal impacts to local government of applying the "same or greater level of protection" than the Clean Water Act to isolated waters. Our cities are currently struggling with the high costs of complying with the NPDES and TMDL requirements. Additional new state programs will only worsen local municipal budgets at a time when we can least afford them. The bill should be limited to its original purpose, which was to protect tipecific, endangered, wetlands and not to regulate every single water body, regardless of its size, location or use in the state. The bill is scheduled for a hearing at the Assembly Environmental Safety and Toxics Committee on June 15th. We urge you to oppose the bill, unless it is modified to address our concerns. Thank you for considering our comments. Sincerely, Ellen Ward Mayor cc: Council Members Hon. Senator Sher City Manager COALITION FOR PRACTICAL REGULATION "It's about saving jobs" 4'. I i!. June 8, 2004 Honorable Joe Canciamilla ARCADIA Chair, Water, Parks and Wildlife Committee ARTESIA BALDWIN PARK State Assembly, District No. 11 BELL P.O. Box 94248-0001 BELLFLOWER Sacramento, CA 94248-0001 BELL GARDENS BRADBURY SB — 1477 (Sher) — Oppose Unless Amended CERRITOS Comwn7,.E _ Dear Chairman Canciamilla: - - COMPTON COVIN DIAMOND We are requesting that you oppose SB 1477 Sher the "Water Qualit DIAMOND BAR q g PP ( )� Y DOWNEY Protection Act of 2005." Although aspects of the proposed legislation GARDENA protect wetlands, the proposed bill is overly broad. Our cities remain HAWAIIAN GARDENS concerned about the unintended impacts of the bill. INDUSTRY IRWINDALE Many of our cities have isolated waters, including municipal and private LA CANADA FUNm1DGE lakes and ponds, streams and drainages. The new law would establish LA MIRADA LAKEWOOD water quality standards and beneficial uses for these isolated waters. LAWNDALE The new law also regulates intermittent or ephemeral waters, many of MONROVIA which have limited flows in our semi-arid region. MONTEBELLO MONTEREY PARK .' SB 1477 will extend unnecessary permits to local lakes, ponds NORWALK and drainages not directly connected to the regional flood control PALOS VERDES ESTATES, system. PARAMOUNT' Y PICO RIVERA POMONA • Cities are concerned about the time and resources necessary for RANCHO PALOS VERDES another level of State permits, outside of the currently required ROSEMEAD Fish & Game permits and NPDES permits and WDR's for storm SANTA FE SPRINGS water. Another level of five-year permits will be expensive and SAN GABRIEL time consuming for the municipalities and for the water boards. SIERRA MADRE SIGNAL HILL SOUTH EL MONTE The bill will establish by operation "three or more" new beneficial SOUTH GATE uses — floodwater retention, pollutant removal and habitat SOUTH PASAUCKIP. connectivity, which will now be applied,to a broad list of local TEMPLE CITY waters. These three or more beneficial uses will be on top of the VERNON current 24 beneficial uses currently required in our local water WALNUT quality control plans. Many of the current beneficial uses appear WEST COVINA to overlap the "three or more" specified in the bill — including WHITTIER L2175 Cherry Ave., Signal Hill, CA 90755- (562) 989.7306 ci in.com Hon. Joe Canciamilla June 8, 2004 Page 2 Wildlife, Biological Habitat, Rare, Threatened and Endangered Species, and Migration beneficial uses. Some changes may be necessary to the beneficial uses, but this should be done in consultation with the State and Regional Water Boards and all of the stakeholders. • We believe that SB 1477 will turn into yet another unfunded mandate on local government. The bill and the anaylsis ignore the fiscal impacts to local government of applying the "same or greater level of protection" than the Clean Water Act to isolated waters. Our cities are currently struggling with the high costs of complying with the NPDES and TMDL requirements. Additional new state programs will only worsen local municipal budgets at a time when we can least afford them, The bill should be limited to its original purpose, which was to protect specific, endangered, wetlands and not to regulate every single water body, regardless of its size, location or use in the State. Thank you for considering our comments. Sincerely, Larry Forester Steering Committee City Council Member City of Signal Hill cc: Committee Members Senator Sher Steering Committee CPR Members MINUTE ORDER NO. AUTHORIZING THE CITY MANAGER AND/OR CITY ATTORNEY TO OPPOSE SB 1477 (SHER) REGARDING JURISDICTION OVER NON-NAVIGABLE WATERWAYS AND OTHER DRAINAGE AREAS. I HEREBY CERTIFY that this Minute Order opposing SB 1477 (SHER) was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 161h day of June, 2004. PATRICIA A. SANDERS City Clerk