HomeMy WebLinkAbout2014-04-22; City Council; 21570; Second Amendment National Pollutant Discharge Elimination System San Diego Regional Storm Water Copermittees Memorandum of UnderstandingCITY OF CARLSBAD - AGENDA BILL
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04/22/2014
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SECOND AMENDMENT TO THE NATIONAL
POLLUTANT DISCHARGE ELIMINATION
SYSTEM SAN DIEGO REGIONAL STORM
WATER COPERMITTEES MEMORANDUM OF
UNDERSTANDING
DEPT.DIRECTOR
CITY ATTY.
CITY MGR.
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RECOMMENDED ACTION:
Adopt Resolution No. 2014-068 authorizing the Mayor to execute the Second Amendment to the
National Pollutant Discharge Elimination System (NPDES) San Diego Regional Storm Water Copermittees
(Permittees) Memorandum of Understanding (MOU) between the City of Carlsbad and the Copermittees
(NPDES Order No. R9-2013-0001).
ITEM EXPUNATION:
On December 18, 2007, City Council approved resolution 2007-325, authorizing the Mayor to execute the
MOU between the City of Carlsbad and the Copermittees with respect to compliance with NPDES Order
No. R9-2007-0001 (Permit). The Copermittees 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.
On May 11, 2010, Council approved resolution 2010-104, authorizing the Mayor to execute the First
Amendment of this MOU which provided clarification to the parties of the MOU on the terms and
conditions for crediting excess funds from one agreement year to the next, and on the ability to receive
reimbursement for tasks performed by one Copermittee for another Copermittee under the terms ofthe
MOU.
The purpose of this Second Amendment to the MOU is to allow Copermittees to continue sharing
regional costs as required by NPDES Order No. R9-2013-0001, which was effective June 27, 2013.
Additional changes to the MOU are as follows:
• Clarification of Copermittee participation requirements
• Clarification of effective date and termination date
• Clarification of conditions of breach of MOU
• Addition of Work Plan and Budget for Fiscal Year 2014-15
City of Carlsbad staff recommends the execution of the Second Amendment to the MOU as the
Copermittees have determined it is in the best interest of all parties.
DEPARTMENT CONTACT: James Wood, 760-602-7584, james.wood@carlsbadca.qov
FOR CLERK USE.
COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER - SEE MINUTES •
AMENDED • REPORT RECEIVED •
FISCAL IMPACT:
There are adequate funds in the Storm Water Protection operating budget to fully fund the city's
obligation under the MOU. Funding for the Second Amendment to the MOU will be included in the Fiscal
Year 2014-15 Storm Water Protection Program operating budget submittal scheduled to be approved by
Council in June, 2014.
ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code Section 21065, this action does not constitute a "project" within the
meaning of CEQA in that it has no potential to cause either a direct physical change in the environment,
or a reasonably foreseeable indirect physical change in the environment, and therefore does not require
environmental review.
EXHIBITS;
Resolution No. 2014-068 authorizing the Mayor to execute the Second Amendment to the
National Pollutant Discharge Elimination System San Diego Regional Storm Water Copermittees
Memorandum of Understanding
Second Amendment to the National Pollutant Discharge Elimination System San Diego Regional
Storm Water Copermittees Memorandum of Understanding. Note: Pages 5-8 of the Second
Amendment the Memorandum of Understanding are signatory pages for other jurisdictions
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RESOLUTIONNO. 2014-068
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, TO AUTHORIZE THE MAYOR TO EXECUTE THE
SECOND AMENDMENT TO THE NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM SAN DIEGO REGIONAL STORM
WATER COPERMITTEES MEMORANDUM OF UNDERSTANDING
(NPDES ORDER NO. R9-2013-0001).
WHEREAS, the Municipal Storm Water Copermittees for the San Diego Region (herein
called Copermittees) consist of the County of San Diego (herein called County), the San Diego
Unified Port District (herein called Port), the San Diego County Regional Airport Authority
(herein called the Airport), and the incorporated cities of San Diego, Carlsbad, Chula Vista,
Coronado, Escondido, Imperial Beach, La Mesa, San Marcos, Del Mar, El Cajon, Encinitas, Lemon
Grove, National City, Oceanside, Poway, Santee, Solana Beach, and Vista (herein called Cities);
and
WHEREAS, on December 18, 2007, the City Council, through Resolution 2007-325
authorized the Mayor to execute the Memorandum of Understanding between the City of
Carlsbad and the Copermittees as required pursuant to NPDES Order R9-2007-0001 by the San
Diego Regional Water Quality Control Board; and
WHEREAS, on May, 11, 2010, the City Council, through Resolution 2010-104 authorized
the Mayor to execute Amendment No. 1 to the Copermittee Memorandum of Understanding;
and
WHEREAS, Amendment No. 2 provides clarification of participation requirements.
effective and termination dates, conditions of breach of MOU, and incorporation of a work plan
and budget for fiscal year 2014-15; and
WHEREAS, the Copermittees, including the City of Carlsbad have determined that this
second amendment to the agreement is in the best interest of all parties;
1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
2 California, as follows that:
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1. That the above recitations are true and correct.
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^ 2. That in the best interest of cooperation between the City of Carlsbad and its
5 fellow Copermittees, the City Council of the City of Carlsbad hereby authorizes the
7 Mayor to execute Amendment No. 2 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 ofthe City Council ofthe City
of Carlsbad on the 22"'' day of April, 2014, by the following vote to wit:
AYES:
NOES:
Council Members Packard, Wood, Schumacher and Blackburn.
None.
ABSENT: Council Member Hall.
MARK PACKARD, Mayor Pro Tem
ATTEST:
BARBARA ENGLESON, CitKlerk
(SEAL)
SECOND AMENDMENT TO NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM
SAN DIEGO REGIONAL STORMWATER COPERMITTEES
MEMORANDUM OF UNDERSTANDING
This Second Amendment to National Pollutant Discharge Elimination System San Diego
Regional Stormwater Copermittees Memorandum of Understanding (MOU), dated March 21,
2014, 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, on May 8, 2013, the San Diego Regional Water Quality Control Board
(SDRWQCB) issued NPDES Order No. R9-2013-0001, which includes requirements in addition
to those that were imposed on the Copermittees in NPDES Permit No. R9-2007-0001; and
WHEREAS, the Copermittees entered into a National Pollutant Discharge Elimination System,
San Diego Regional Stormwater Copermittees, Memorandum of Understanding (MOU) on
November 16, 2007 to comport with the NPDES Permit No. R9-2007-001 requirement that they
cooperate in the implementation of activities and programs;
WHEREAS, the Copermittees entered into a First Amendment to National Pollution Discharge
Elimination System San Diego Regional Stormwater Copermittees Memorandum of
Understanding, dated November 16, 2007, (First Amendment) on June 15,2010 in order to allow
the refund of budgeted but unspent funds to the Parties at the conclusion of each fiscal year; and
WHEREAS, the Copermittees wish to amend the MOU to extend the termination date of the
MOU through August 31, 2015, and expressly limit the sharing of Fiscal Year 2014-15
expenditures to those identified in this amendment.
Second Amendment to San Diego Regional Stormwater Copermittees MOU -1 - March 21, 2014
NOW, THEREFORE, in consideration of the above recitals and the mutual promises
contained herein, the parties agree to amend and supplement the MOU as follows:
1. SECOND AMENDMENT TO NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM (NPDES), SAN DIEGO REGIONAL STORMWATER
COPERMITTEES MEMORANDUM OF UNDERSTANDING
1.1 Paragraph four under "RECITALS" is hereby amended and restated to
read in its entirety as follows:
WHEREAS, the County, the Port, the Airport, and the Cities desire to implement an integrated
stormwater management program with the objective of improving surface water quality in the
County of San Diego. However, some Copermittees have appealed Order R9-2013-0001 to the
State Water Resources Control Board pursuant to the Ca. Water Code. A stay of Order R9-2013-
0001 has not been granted by the SWRCB of the provisions of that order. The fact that those
Copermittees are moving forward simultaneously with this MOU while appealing the Order is not
intended to constitute a waiver of those appeal rights by those entities pursuing the appeals; and
1.2 Section I1.B.2 of the MOU entitled "Annual Shared Cost Budgets and
Work Plans" is hereby amended to add sub-section e, which will read as follows:
e. The regional costs to be shared by the Copermittees during Fiscal Year 2014-15 shall
not exceed $4,051,589. These funds may only be used toward expenditures identified in the FY
2014-15 Consolidated Work Plan and Budget included as MOU Attachment 2, or as subsequently
modified by unanimous consent of all Copermittees.
1.3 Exhibit A to this amendment is hereby added as Attachment 2 to the
MOU.
1.4 Section VILA of the MOU, entitled "Term of Agreement", is hereby
amended and restated to read in its entirety as follows:
Second Amendment to San Diego Regional Stormwater Copermittees MOU - 2 - March 21, 2014
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1. This MOU shall become effective on the date the last party executes the MOU.
2. The life ofthe MOU shall run through August 31, 2015.
1.5 Section Vll.C of the MOU, entitled "Non-Compliance with MOU
Requirements", is hereby amended and restated to read in its entirety as follows:
1. Any participant to this MOU found to be in non-compliance with the conditions of this
MOU shall be solely liable for any lawfully assessed penahies resulting from such non-
compliance. Failure to comply with MOU conditions within specified or agreed upon
timelines shall constitute non-compliance with the MOU.
2. Federal Limitations on Use of Airport Revenue. Notwithstanding the rights and
obligations of the Parties created by this MOU, no Party may be found in breach of this
MOU where compliance would require that Party to violate any law or grant assurance,
including but not limited to provisions of the Federal Aviation Administration 1999
Policy and Procedure Conceming the Use of Airport Revenue [64 Fed. Reg. 7696, dated
Feb. 16, 1999]; the Airport and Airway Improvement Act of 1982 codified at 49 U.S.C. §
47107(b); the Federal Aviation Administration Authorization Act of 1994, P.L. 103-305
(Aug. 23, 1994); the Airport Revenue Protection Act of 1996, Title Vlll ofthe Federal
Aviation Administration Act of 1996, P.L. 104-264 (Oct. 9, 1996), 110 Stat. 3269 (Oct.
9, 1996); 49 U.S.C. § 46301(n)(5); and 49 U.S.C. § 47133. The Parties recognize that the
Airport has received federal Airport Improvement Project ("AlP") grants containing grant
assurance 25, which provides: "All revenues generated by the airport... will be
expended by it for the capital or operating costs of the airport; the local airport system; or
other local facilities which are owned or operated by the owner or operator of the airport
and which are directly and substantially related to the actual air transportation of
passengers or property; or for noise mitigation purposes on or off the airport."
2. EFFECT OF AMENDMENT
Second Amendment to San Diego Regional Stormwater Copermittees MOU - 3 - March 21, 2014
2.1 This Second 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
Second Amendment to MOU.
2.2 This Amendment may be executed in any number of counterparts, each
of which shall be an original, but all of which together shall constitute one instrument. In the
event that any Copermittee is unable to execute this amendment prior to May 8, 2014, execution
ofthis amendment after that date shall constitute ratification ofthis amendment, and the MOU
and extensions shall be in effect once all signatures are obtained.
[BALANCE OF PAGE INTENTIONALLY LEFT BLANK]
Second Amendment to San Diego Regional Stormwater Copermittees MOU - 4 - March 21, 2014
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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 Second Amendment to MOU is executed as follows:
April 22, 2014
Date City of Carlsbad, Copermittee
Mark Packard, Mayor Pro Tem
Approved as to form:
Deputy City Attomey
Second Amendment to San Diego Regional Stormwater Copermittees MOU - 5
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March 24, 2014
EXHIBIT 2 NOTATION
Pages 5-8 ofthe
Second Amendment to the National Pollutant Discharge Elimination System
San Diego Regional Storm Water Copermittees Memorandum of Understanding
are purposely not attached as they are signatory pages for other Copermittees.
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