HomeMy WebLinkAboutCC RESO 2008-77RESOLUTION NO. 2008 — 77
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE CITY MANAGER TO EXECUTE
A MEMORANDUM OF UNDERSTANDING BY AND
BETWEEN CO-PERMITTEES REGARDING THE SHARING
OF COSTS ASSOCIATED WITH THE PROSECUTION OF
AN UNFUNDED STATE MANDATES CLAIM, IN ORDER TO
RECOVER A PORTION OF THE CITY'S EXPENSES ARISING
FROM COMPLIANCE WITH THE 2007 REGIONAL WATER
QUALITY CONTROL BOARD'S STORMWATER PERMIT
WHEREAS, the City of National City, together with the County of San Diego and
the 17 other cities in the County (Co-permittees") are individually and collectively subject to
Order No. R9-2007-0001/NPDES Permit No. CAS0108758 ("Permit") adopted by the California
Regional Water Quality Control Board, San Diego Region ("Regional Board") on January 24,
2007; and
WHEREAS, neither the Regional Board nor the California State Water Resources
Control Board have acknowledged that any portion of the Permit constitutes a State mandate
that exceeds the scope of the Federal Clean Water Act and its implementing regulations. Co-
permittees believe that portions of the Permit do in fact constitute unfunded State mandates,
and that pursuant to Article XIII B Section 6 of the California Constitution, a State subvention of
funds is required before Co-permittees must implement those portions that exceed the Federal
requirements; and
WHEREAS, Co-permittees desire to pursue the issue of unfunded State
mandates, and believe that the necessary administrative and procedural actions associated with
the same should be jointly undertaken to present a unified and coordinated front, and to achieve
cost savings where possible. These actions have included and will include, but may not be
limited to, the following: Petition to the State Water Resources Control Board; Preparation and
Presentation of a Test Case before the State Mandates Commission; Petition for Writ of
Mandate; Appeals; Re -hearing and Potential Settlement with the State Mandates Commission
(collectively, "Mandates Claims").
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the City Manager to execute a Memorandum of Understanding
by and between Co-permittees for the sharing of costs associated with the prosecution of an
unfunded State Mandate Claim. Said Memorandum of Understanding is on file in the office of
the City Clerk.
PASSED and ADOPTED this 6th day of May
Ron Morrison, Mayor
ATTEST: APPROVED AS TO FORM:
Mi a Della, City erk George H. Eiser, III, City Attorney
or
Passed and adopted by the Council of the City of National City, California, on May 6,
2008 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
/J
City CI`rk of the City of ational City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2008-77 of the City of National City, Califomia, passed and adopted
by the Council of said City on May 6, 2008.
City Clerk of the City of National City, California
By:
Deputy