HomeMy WebLinkAbout2010-05-11; City Council; 20223; Amend MOU Municipal Storm Water Permit CopermitteeCITY OF CARLSBAD - AGENDA BILL
AB#20.223
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DEPT. PEM
FIRST AMENDMENT TO THE
MUNICIPAL STORM WATER PERMIT
COPERMITTEE MEMORANDUM OF
UNDERSTANDING
DEPT. DIRECTOR
CITY ATTORNEY I
CITY MANAGER (^
RECOMMENDED ACTION:
Adopt Resolution No. 2010-104 authorizing the Mayor to execute the First Amendment to the
Memorandum of Understanding (MOU) between the City of Carlsbad and the Municipal Storm Water
Copermittees (NPDES Order No. R9-2007-0001).
ITEM EXPLANATION:
On December 18, 2007, Council approved resolution 2007-325, authorizing the Mayor to execute the
Memorandum of Understanding between the City of Carlsbad and the Municipal Storm Water
Copermittees with respect to compliance with NPDES Order No. R9-2007-0001 (Permit). The co-
permittees include all incorporated cities in San Diego County, the County of San Diego, the San
Diego Unified Port District (Port) and the San Diego County Regional Airport Authority (Airport). This
agreement established a management structure to ensure implementation of the Permit. The purpose
of this Amendment No. 1 is threefold:
• To clarify the process for rollover credit of excess funds paid under the MOU from one
agreement year to the next.
• To establish criteria for refunding of excess funds if appropriate.
• To provide clarification on the reimbursement of expenses related to any co-permittee's work
on behalf of another co-permittee.
ENVIRONMENTAL IMPACT:
The proposed approval of the Amendment to the Memorandum of Understanding does not qualify as
a "project" under the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section
15378 as it does not result in a direct or reasonable foreseeable indirect physical change in the
environment.
FISCAL IMPACT:
There are adequate funds in the Storm Water Protection operating budget to fully fund the City's
obligation under the Memorandum of Understanding. This amendment does not increase costs to the
City, but does clarify the process for seeking reimbursement of expense.
No additional budget needs are anticipated during the current fiscal year as a result of the adoption of
the included resolution or the amendment.
DEPARTMENT CONTACT: Elaine Lukey, 760-602-7582 Elaine.lukev@carlsbadca.qov
FOR CITY CLERKS USE ONLY
COUNCIL ACTION:APPROVED
DENIED D
CONTINUED D
WITHDRAWN D
AMENDED D
CONTINUED TO DATE SPECIFIC D
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER - SEE MINUTES D
Page 2
EXHIBITS:
1. Resolution No. 2010-104 authorizing the Mayor to execute First Amendment to the
Memorandum of Understanding (MOU) between the City of Carlsbad and the Municipal Storm
Water Copermittees which establishes the responsibilities of each party with respect to
compliance with National Pollutant Discharge Elimination System (NPDES) Order No. R9-
2007-0001.
2. First Amendment to the Memorandum of Understanding between the City of Carlsbad and the
Municipal Storm Water Copermittees. Note: pages 3-4 of the Amendment are signatory
pages for other jurisdictions.
3. Edited version of the First Amendment to the Memorandum of Understanding between the City
of Carlsbad and the Municipal Storm Water Copermittees, with new text underlined, lines 57-
70.
1
RESOLUTION NO. 2010-104
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR TO
EXECUTE THE FIRST AMENDMENT TO THE MEMORANDUM
4 OF UNDERSTANDING BETWEEN THE CITY OF CARLSBAD
AND THE MUNICIPAL STORM WATER COPERMITTEES
5 (NPDES ORDER NO. R9-2007-0001).
6
WHEREAS, the County of San Diego (herein called County), the San Diego Unified Port
7
District (herein called Port), the San Diego County Regional Airport Authority (herein called the
8
Airport), and the incorporated cities of San Diego, Carlsbad, Chula Vista, Coronado, Escondido,
9
Imperial Beach, La Mesa, San Marcos, Del Mar, El Cajon, Encinitas, Lemon Grove, National City,
10
Oceanside, Poway, Santee, Solana Beach, and Vista (herein called Cities), collectively called
11
Copermittees, desire to enter into an Amendment to the Memorandum of Understanding (MOU)
12
that establishes the responsibilities of each party with respect to compliance with the National
1 O
Pollutant Discharge Elimination System (NPDES) Storm Water permit regulations; and
14
WHEREAS, on Decmber 18, 2007, the City Council, through Resolution 2007-32515
authorized the Mayor to execute the Memorandum of Understanding between the City of Carlsbad16
and the Copermittees as required pursuant to NPDES Order R9-2007-0001 by the San Diego
Regional Water Quality Control Board; and18
19 WHEREAS, the Copermittees, including the City of Carlsbad have determined that an
20 amendment to the agreement is in the best interest of all parties; and
21 WHEREAS, the amendment provides clarification to the parties of the MOU on the terms
22 and conditions for crediting excess funds from one agreement year to the next, and on the ability
23 to receive reimbursement for tasks performed by one copermittee for another copermittee under
24 the terms of the MOU;
25 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
26 California, as follows:
27 1. That the above recitations are true and correct.
28
3
1 2. That in the best interest of cooperation between The City of Carlsbad and its
2 fellow Copermittees, the City Council of the City of Carlsbad hereby authorizes the Mayor to
3 execute Amendment No. 1 to the Memorandum of Understanding between the City of Carlsbad
and the Municipal Storm Water Copermittees.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 11th day of May, 2010, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
ATTEST:
LOftRAI
(SEAL)
First Amendment to National Pollutant Discharge Elimination System San Diego Regional
Stormwater Copermittees Memorandum of Understanding, Dated November 16, 2007
This First Amendment to National Pollutant Discharge Elimination System San Diego Regional
Stormwater Copermittees Memorandum of Understanding (MOU), dated November 16, 2007, is
entered into by the County of San Diego (County), the San Diego Unified Port District (Port), the
San Diego County Regional Airport Authority (Airport), and the incorporated cities of Carlsbad,
Chula Vista, Coronado, Del Mar, El Cajon, Encinitas, Escondido, Imperial Beach, La Mesa,
Lemon Grove, National City, Oceanside, Poway, San Diego, Santee, San Marcos, Solana Beach,
and Vista (Cities), collectively called Copermittees.
RECITALS
WHEREAS, the MOU sets forth procedures for the management of funds contributed by the
Copermittees to fund programs implemented in order to facilitate compliance with San Diego
Regional Water Quality Control Board Order No. R9-2007-0001 (Permit); and
WHEREAS, the MOU at Section II.B.3 provides for the carry over of unused contributed funds
from one fiscal year to another, but does not otherwise provide any direction regarding the refund
of excess funds; and
WHEREAS, Copermittees desire to amend Section II.B.3. of the MOU to authorize the refund of
funds that would otherwise only be authorized to be carried over from one fiscal year to another
as a credit.
FIRST AMENDMENT
NOW THEREFORE, the Copermittees amend the MOU as follows:
1. Section II.B.3 of the MOU entitled "Management and Payment of Funds" is
hereby amended and restated to read as follows:
a. For Regional General Programs, the Copermittees shall each pay a yearly assessment into a
Regional General Program operations fund for their assigned portion of any Regional Shared
Costs Budget approved pursuant to this MOU. The Regional General Program operations fund
shall be managed by the Regional Principal Permittee, or any other Permittee on approval of the
Copermittees.
b. For Watershed General Programs, the Watershed Copermittees for each WMA shall each pay a
yearly assessment into a Watershed General Program operations fund for their assigned portion of
any Watershed Shared Costs Budget approved pursuant to this MOU. Each Watershed General
Program operations fund shall be managed by the Watershed Lead Permittee, or any other
Watershed Permittee on approval of the Watershed Copermittees.
c. The Copermittee managing each General Program operations fund shall provide Budget
Balance and Expenditure Status Reports quarterly and following the end of each fiscal year. This
shall include a detailed accounting of all costs and expenses in accordance with the adopted Work
Plan and Shared Costs Budget, including those incurred by Copermittees providing Working
Body Support, contracting services, in-kind services, or other applicable costs.
First Amendment to San Diego Regional Stormwater Copermittees: March 18, 2010
First Amendment to National Pollutant Discharge Elimination System San Diego Regional
Stormwater Copermittees Memorandum of Understanding, Dated November 16, 2007
d. Each Copermittee shall pay invoices within 60 days of receipt from the Copermittee managing
the applicable General Program operations fund.
e. Funds collected and not expended in any fiscal year shall be credited to the Copermittees' share
of the next fiscal year's costs in accordance with the Copermittees' defined shared costs.
f. Copermittees providing Working Body Support, Contract Administration, in-kind services, or
incurring other budgeted costs on behalf of other Copermittees shall provide documentation of
those expenses as requested by the Copermittee managing the applicable General Program
operations fund. They shall only receive credit for those expenses if a detailed accounting of all
costs and expenses meeting the minimum standards agreed upon by the Copermittees has been
provided.
g. Differences in the approved actual cost of expenses from those budgeted shall be either
credited or added as appropriate to the amount of the Copermittee's share. In the event that any
Copermittees' share of the next fiscal year's costs is less than the amount to be credited, the
difference shall be refunded to the Copermittee. This provision shall be retroactive to include
credits from FY 2008-09. Refunds shall be provided to Copermittees no later than 90 days after
final accounting.
h. At its discretion, a Copermittee managing a General Program operations fund may, prior to the
completion of a fiscal year, make payment to any Copermittee providing Working Body Support,
Contract Administration, in-kind services, or incurring other budgeted expenditures on behalf of
other Copermittees so long as all of the conditions of Section II. B.3.f above have been satisfied
and there are sufficient funds available to make a payment without requiring additional
contributions or jeopardizing program objectives. If for some reason excess payment is made, the
Copermittee receiving the payment agrees to return the additional payment without any recourse
against the managing Copermittee.
2. Effect of Amendment
2.1 This Amendment to National Pollutant Discharge Elimination System, San Diego Regional
Stormwater Copermittees, Memorandum of Understanding shall be effective and binding on all
parties hereto commencing upon the date the last party executes the First Amendment to MOU.
2.2 This First Amendment to MOU may be executed in counterparts and the signed counterparts
shall constitute a single instrument.
First Amendment to San Diego Regional Stormwater Copermittees: March 18, 2010 -2-
EXHIBIT 2 NOTATION
Pages 3-5 of the
First Amendment to Municipal Storm Water Permit Copermittee MOU
are purposely not attached as they are signatory pages for other agencies.
First Amendment to National Pollutant Discharge Elimination System San Diego Regional
Stormwater Copermittees Memorandum of Understanding, Dated November 16, 2007
1 This First Amendment to National Pollutant Discharge Elimination System San Diego Regional
2 Stormwater Copermittees Memorandum of Understanding (MOU), dated November 16, 2007, is
3 entered into by the County of San Diego (County), the San Diego Unified Port District (Port), the
4 San Diego County Regional Airport Authority (Airport), and the incorporated cities of Carlsbad,
5 Chula Vista, Del Mar, El Cajon, Encinitas, Escondido, Imperial Beach, La Mesa, Lemon Grove,
6 National City, Oceanside, Poway, San Diego, Santee, San Marcos, Santee, Solana Beach, and
7 Vista (Cities), collectively called Copermittees.
8 RECITALS
9 WHEREAS, the MOU sets forth procedures for the management of funds contributed by the
10 Copermittees to fund programs implemented in order to facilitate compliance with San Diego
11 Regional Water Quality Control Board Order No. R9-2007-0001 (Permit); and
12
13 WHEREAS, the MOU at Section II.B.3 provides for the carry over of unused contributed funds
14 from one fiscal year to another, but does not otherwise provide any direction regarding the refund
15 of excess funds; and
16
17 WHEREAS, Copermittees desire to amend Section II.B.3. of the MOU to authorize the refund of
18 funds that would otherwise only be authorized to be carried over from one fiscal year to another
19 as a credit.
20 FIRST AMENDMENT
21 NOW THEREFORE, the Copermittees amend the MOU as follows:
22 1. Section II.B.3 of the MOU entitled "Management and Payment of Funds" is
23 hereby amended and restated to read as follows (proposed changes are shown in underline only to
24 draw attention to the text to be added and are not intended to be underlined for any other reason):
25 a. For Regional General Programs, the Copermittees shall each pay a yearly assessment into a
26 Regional General Program operations fund for their assigned portion of any Regional Shared
Draft Final: For Copermittee Legal Review - comments due -1-
to County by Monday, March 6, 2010 )0
First Amendment to National Pollutant Discharge Elimination System San Diego Regional
Stormwater Copermittees Memorandum of Understanding, Dated November 16, 2007
27 Costs Budget approved pursuant to this MOU. The Regional General Program operations fund
28 shall be managed by the Regional Principal Permittee, or any other Permittee on approval of the
29 Copermittees.
30
31 b. For Watershed General Programs, the Watershed Copermittees for each WMA shall each pay a
32 yearly assessment into a Watershed General Program operations fund for their assigned portion of
33 any Watershed Shared Costs Budget approved pursuant to this MOU. Each Watershed General
34 Program operations fund shall be managed by the Watershed Lead Permittee, or any other
35 Watershed Permittee on approval of the Watershed Copermittees.
36
37 c. The Copermittee managing each General Program operations fund shall provide Budget
38 Balance and Expenditure Status Reports quarterly and following the end of each fiscal year. This
39 shall include a detailed accounting of all costs and expenses in accordance with the adopted Work
40 Plan and Shared Costs Budget, including those incurred by Copermittees providing Working
41 Body Support, contracting services, in-kind services, or other applicable costs.
42
43 d. Each Copermittee shall pay invoices within 60 days of receipt from the Copermittee managing
44 the applicable General Program operations fund.
45
46 e. Funds collected and not expended in any fiscal year shall be credited to the Copermittees' share
47 of the next fiscal year's costs in accordance with the Copermittees' defined shared costs.
48
49 f. Copermittees providing Working Body Support, Contract Administration, in-kind services, or
50 incurring other budgeted costs on behalf of other Copermittees shall provide documentation of
51 those expenses as requested by the Copermittee managing the applicable General Program
52 operations fund. They shall only receive credit for those expenses if a detailed accounting of all
53 costs and expenses meeting the minimum standards agreed upon by the Copermittees has been
54 provided.
55
56 g. Differences in the approved actual cost of expenses from those budgeted shall be either
57 credited or added as appropriate to the amount of the Copermittee's share. In the event that any
58 Copermittees' share of the next fiscal year's costs is less than the amount to be credited, the
59 difference shall be refunded to the Copermittee. This provision shall be retroactive to include
60 credits from FY 2008-09. Refunds shall be provided to Copermittees no later than 90 days after
61 final accounting.
62
63 h. At its discretion, a Copermittee managing a General Program operations fund may, prior to the
64 completion of a fiscal year, make payment to any Copermittee providing Working Body Support.
65 Contract Administration, in-kind services, or incurring other budgeted expenditures on behalf of
66 other Copermittees so long as all of the conditions of Section II. B.3.f above have been satisfied
67 and there are sufficient funds available to make a payment without requiring additional
68 contributions or jeopardizing program objectives. If for some reason excess payment is made, the
69 Copermittee receiving the payment agrees to return the additional payment without any recourse
70 against the managing Copermittee.
71
72 2. This First Amendment to MOU may be executed in counterparts and the signed
73 counterparts shall constitute a single instrument.
74
75 IN WITNESS Thereof, this First Amendment to MOU is executed as follows:
Draft Final: For Copermittee Legal Review - comments due -2-
to County by Monday, March 6, 2010
First Amendment to National Pollutant Discharge Elimination System San Diego Regional
Stormwater Copermittees Memorandum of Understanding, Dated November 16, 2007
2.3 Except as hereinabove amended, the National Pollutant Discharge Elimination System, San
Diego Regional Stormwater Copermittees, Memorandum of Understanding shall remain in full
force and effect. In the event of a conflict between the provisions of the MOU and those of this
Amendment, this Amendment shall control.
IN WITNESS Thereof, this First Amendment to MOU is executed as follows:
Dated:
OF CARLSBAD
[/%ud" Lewis, Ma
City Council
Approved as to form:
Deputy City Attorne'
First Amendment to San Diego Regional Stormwater Copermittees: March 18, 2010 -6-