Title
RESOLUTION NO. 2014-071 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SECOND AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING (MOU), DATED NOVEMBER 16, 2007, AMONG THE CO-PERMITTEES OF SAN DIEGO COUNTY NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM MUNICIPAL PERMIT, AND AUTHORIZING THE MAYOR TO SIGN THE SECOND AMENDMENT ON BEHALF OF THE CITY
Body
RECOMMENDED ACTION
Recommended Action
Council adopt the resolution.
Body
SUMMARY
The National Pollutant Discharge Elimination System (NPDES) Municipal Permit, Order No. R9-2013-0001 (Municipal Permit) requires the Copermittees of San Diego County to cooperate in the implementation of regional programs. The Copermittees of San Diego County include the eighteen cities of San Diego County, the San Diego Unified Port District, the San Diego County Regional Airport Authority, and the County of San Diego. This cooperation necessitates a memorandum of Understanding (MOU) among the Copermittees to address specific regional permit requirements, and to define associated Copermittees’ shared regional responsibilities and financial obligations.
On December 11, 2007, the City Council of the City of Chula Vista adopted Resolution No. 2007-293, which approved the original MOU dated November 16, 2007 (Attachment A). The original MOU will expire on May 8, 2014, and it has become necessary to amend the MOU to extend its term through August 31, 2015, in order to complete ongoing regional activities required by the Municipal Permit. The Second Amendment to the original MOU is attached as Attachment B.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because the activity consists of the creation of a fiscal mechanism which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is required.
BOARD/COMMISSION RECOMMENDATION
Not applicable
DISCUSSION
The San Diego Regional Water Quality Control Board (Regional Board) adopted the Municipal Permit on May 8, 2013. The Municipal Permit allows for a two-year transitional period, during which time the Copermittees are required to develop or update their regional, watershed, and local plans and programs. During these two years, some regional activities such as the regional water quality monitoring, the hydromodification control monitoring, and the regional public education are to be continued, while documents such as the Model Best Management Practices Design Manual are to be updated, and new studies such as the Watershed Management Area Analysis and the Equivalency Study are to be initiated and completed. The deadline for completion of the programs mentioned above and submittal of updated or new documents to the Regional Board is June 27, 2015. The Copermittees have cooperated under the current MOU and are on track to complete regional activities on schedule. An extension of the MOU is necessary to complete such tasks. The Second Amendment to the MOU will include a few changes to the original MOU as shown on Attachment B, which were incorporated at the request of some Copermittees; however, those changes will not have any substantial effect on the MOU content.
While the previous NPDES permits were focused more on regional cooperation and program standardization, the current Municipal Permit has shifted the focus to watershed coordination and planning. Water Quality Improvement Plans will be developed for each of the ten watersheds of San Diego County, which will provide frameworks for watershed and jurisdictional planning and activities best suited to specific conditions of each watershed. The Copermittees of the San Diego Bay Watershed are in the process of drafting a watershed MOU which will define the watershed management responsibilities of each of the ten Copermittees within the watershed for watershed activities outlined in the Municipal Permit.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently, the 500-foot rule found in California Code of Regulations section 18704.2(a)(1) is not applicable to this decision
LINK TO STRATEGIC GOALS
The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The regional activities implemented under the regional MOU supports the Healthy Community goal as it seeks to eliminate water quality pollution throughout the San Diego region.
CURRENT YEAR FISCAL IMPACT
The MOU is an agreement among the Copermittees, which describes how regional costs are distributed. The MOU by itself does not result in current year fiscal impacts to the City; however, compliance with the Municipal Permit requires expenditures by the City. The City’s share of the regional expenditures for compliance with the NPDES Municipal Permit during the current fiscal year (FY 2013-2014) is estimated to be $188,870, which is budgeted from the storm drain fee revenue funds.
ONGOING FISCAL IMPACT
The requested action by itself will not result in any ongoing fiscal impact on the City. However, compliance with the Municipal Permit demands ongoing program expenditures. Based on experience, with each re-issuance of the Municipal Permit, more stringent and costly requirements can be expected. City’s share of the regional expenditures is expected to increase to $233,301 during FY 2014-2015, which will be funded by the storm drain fee revenue funds. Prior to the completion of updated plans and programs, it is difficult to provide an estimate of future regional and watershed costs. However, staff will present an assessment of ongoing expenditures to the City Council when the documents have been updated and more information is available.