Loading...
HomeMy WebLinkAboutReso 2010-062RESOLUTION NO. 2010-062 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING (MOU) AMONG THE COPERMITTEES OF SAN DIEGO COUNTY, DATED NOVEMBER 16, 2007, FOR THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) MUNICIPAL PERMIT, ORDER NO. R9-2007-0001, AND AUTHORIZING THE MAYOR TO SIGN THE AMENDMENT ON BEHALF OF THE CITY WHEREAS, the United States Environmental Protection Agency (USEPA) proposed regulations (published December 8, 1988, in the Federal Register) for the issuance of National Pollutant Discharge Elimination System (NPDES) Municipal Permits (Municipal Permit) to regulate storm water discharges into the waters of the United States; and WHEREAS, the USEPA regulations require NPDES permits for discharges from municipal storm drains on a system-wide or jurisdiction-wide basis; and WHEREAS, pursuant to the Federal Clean Water Act and the California Porter-Cologne Water Quality Act, the Regional Board issued permits to the San Diego County Copermittees in 1990, 1999 (Tentative Order), 2001, and 2007; and WHEREAS, the San Diego Municipal Permit is system-wide, covering all jurisdictions of San Diego County; and WHEREAS, the Municipal Permit requires all parties (named as Copermittees) -the County of San Diego, the San Diego Unified Port District, the San Diego County Regional Airport Authority, and the incorporated Cities of San Diego County - to collaborate in the development and implementation of regional and watershed urban runoff management plans, including the execution of an agreement; and WHEREAS, since 1990, when the Regional Water Quality Control Board (Regional Board) first adopted the NPDES Municipal Permit for San Diego County, the City of Chula Vista has been cooperating with other Copermittees in the implementation of regional programs; and WHEREAS, this cooperation has necessitated entering into several agreements (or MOU's) throughout the years for shared program responsibilities and costs; and WHEREAS, the MOU's are modified approximately every five years, concurrent with the re-issuance of the NPDES Municipal Permit, to address specific permit requirements, and to define associated Copermittees' shared regional responsibilities and financial obligations; and Resolution No. 2010-062 Page 2 WHEREAS, the MOU establishes the shazed program responsibilities of each party with respect to compliance with the Municipal Permit regulations, which are administered by the Regional Board; and WHEREAS, the current MOU lacks a financial mechanism by which the Copermittees can be reimbursed for costs incurred by them towazd approved regional program elements; and WHEREAS, the proposed First Amendment to the MOU will provide such a mechanism. NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista does hereby approve the First Amendment to the Memorandum of Understanding (MOU) among the Copermittees of San Diego County, for Pollutant Discharge Elimination System Municipal Permit, Order No. R9-2007-0001, dated November 16, 2007. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute said MOU for and on behalf of the City of Chula Vista. Presented by 'chard . Ho s Director of Pu is Works Approved as to form by B C. Miesfel City Attorney Resolution No. 2010-062 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 23rd day of March 2010 by the following vote: AYES: Councilmembers: Bensoussan, Castaneda, Ramirez, Thompson and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None Cheryl Cox, ay r ATTEST: Donna~is, C C, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2010-062 was duly passed, approved, and adopted by the City Council at a regulaz meeting of the Chula Vista City Council held on the 23rd day of Mazch 2010. Executed this 23rd day of March 2010. ~~~ ~e~~ Donna R. Norris, CMC, City Clerk