HomeMy WebLinkAboutReso 2024-116RESOLUTION NO. 2024-116
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FIFTH AMENDMENT TO
THE MEMORANDUM OF UNDERSTANDING AMONG THE
COPERMITTEES OF THE SAN DIEGO COUNTY NATIONAL
POLLUTANT DISCHARGE ELIMINATION SYSTEM
MUNICIPAL PERMIT, AND AUTHORIZING AND
DIRECTING THE MAYOR TO SIGN THE FIFTH
AMENDMENT ON BEHALF OF THE CITY
WHEREAS, the National Pollution Discharge and Elimination System (“NPDES”)
stormwater permit regulations are administered by the United States Environmental Protection
Agency (“U.S. EPA”) under the authority granted by the Federal Water Pollution Control Act 33
USCA 1251 et seq. as amended; and
WHEREAS, the California State Water Resources Control Board as designee of the U.S.
EPA has delegated authority to the San Diego Regional Water Quality Control Board (the
“Regional Board”) for administration of the NPDES stormwater permit within the boundaries of
its region; and
WHEREAS, on January 24, 2007, the Regional Board issued Order No. R9 -2007-001
(the “2007 Permit”) regulating discharges from the municipal separate storm sewer system
(“MS4”); and
WHEREAS, the 2007 Permit regulates MS4 discharges from the City of Chula Vista,
County of San Diego, the San Diego Unified Port District, the San Diego County Regional
Airport Authority, and the cities of San Diego, Carlsbad, Coronado, Escondido, Imperial Beach,
La Mesa, San Marcos, Del Mar, El Cajon, Encinitas, Lemon Grove, National City, Oceanside,
Poway, Santee, Solana Beach, and Vista (the “Copermittees”); and
WHEREAS, the 2007 Permit required the Copermittees to collaborate in the
implementation of regional programs; and
WHEREAS, the Copermittees entered into a Memorandum of Understanding (“MOU”),
approved via City Council Resolution No. 2007-293, to address specific permit requirements and
to define Copermittees’ shared responsibilities and financial obligations; and
WHEREAS, the Copermittees entered into a First Amendment to the MOU, approved by
City Council on March 18, 2010 (First Amendment), a Second Amendment to the MOU on July
9, 2014 (Second Amendment), a Third Amendment to the MOU on September 15, 2015 (Third
Amendment), and a Fourth Amendment to the MOU on June 4, 2019 (Fourth Amendment); and
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Resolution No. 2024-116
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WHEREAS, on May 8, 2013, the Regional Board issued an NPDES permit as Order No.
R9-2013-0001, as amended by Order Nos. R9-2015-0001 and R9-2015-0100 (the “Permit”),
which superseded the 2007 Permit, and which is still in effect; and
WHEREAS, the Permit requires that the Copermittees cooperate in the implementation of
various Water Quality Improvement Plans and watershed management strategies to comply with
the Permit and any future amendments and/or reissuances thereto; and
WHEREAS, the Copermittees have collaborated under the current MOU, which expires
on August 31, 2024, and are on track to complete regional activities on schedule; and
WHEREAS, an extension of the MOU is necessary to complete the program; and
WHEREAS, the Copermittees desire to enter into the proposed Fifth Amendment to the
MOU to extend the term to August 2029.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it hereby approves the Fifth Amendment to the Memorandum of Understanding, among the
Copermittees of San Diego County, for the National Pollutant Discharge Elimination System
Municipal Permit, in the form presented, with such minor modifications as may be required or
approved by the City Attorney, a copy of which shall be kept on file in the Office of the City
Clerk, and authorizes and directs the Mayor to execute same.
[SIGNATURES ON THE FOLLOWING PAGE]
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Resolution No. 2024-116
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Presented by Approved as to form by
Matthew Little, P.E. Marco A. Verdugo
Deputy City Manager/Director of Engineering City Attorney
& Capital Projects
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 11th day of June 2024 by the following vote:
AYES: Councilmembers: Chavez, Gonzalez, Morineau, Preciado, and McCann
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
John McCann, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2024-116 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 11th day of June 2024.
Executed this 11th day of June 2024.
Kerry K. Bigelow, MMC, City Clerk
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