RESOLUTION NO. 2023-9210
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, CALIFORNIA, AUTHORIZING THE ACTING CITY MANAGER AND THE CITY ATTORNEY TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH CO-PERMITTEES REGARDING THE SHARING OF COSTS AND EXPENSES RELATED TO OR ARISING FROM MATTERS BEFORE THE CALIFORNIA COMMISSION ON STATE MANDATES CONCERNING THE 2007 SAN DIEGO REGIONAL WATER QUALITY CONTROL BOARD MUNICIPAL SEPARATE STORM SEWER SYSTEM PERMIT WHEREAS, the San Diego Regional Water Quality Control Board (RWQCB) regulates discharges from Phase 1 municipal separate storm sewer systems (MS4s) in the San Diego region, and issued a version of the MS4 permit for the eighteen cities, the County of San Diego, the Port District, and the San Diego Regional Airport Authority in 2007 (2007 Permit); and WHEREAS, the 2007 Permit modified and increased the mandated duties and obligations of the regulated entities significantly beyond the scope of Clean Water Act requirements, leading the eighteen cities and the County of San Diego (Co-Permittees) to enter into a Memorandum of Understanding in 2007 (2007 MOU) to share costs relating to the submission of a test claim to the Commission on State Mandates, to seek reimbursement from the state for requirements that were state, rather than federal, mandates (Mandates Test Claim); and WHEREAS, said Mandates Test Claim was ultimately successful before the Commission on State Mandates with respect to most of its claims, leading to subsequent protracted litigation by state entities seeking to have the courts determine that the claims were either federal mandates or within local agency fee authority, with respect to which litigation the Co-Permittee Mandates Test Claim was ultimately largely successful; and WHEREAS, following the successful completion of the Mandates Test Claim process, the Co-Permittees wish to share costs and expenses associated with the development of reimbursement mechanisms for the elements of the Claim that were upheld by the courts, as well as any subsequent litigation arising therefrom, leading to the preparation of a subsequent Memorandum of Understanding for that purpose (2023 MOU).
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Marcos does hereby authorize the Acting City Manager to execute the 2023 MOU on behalf of the City of San Marcos.
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS at a regular meeting held on the 26th day of September 2023, by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
______________________________
Rebecca D. Jones, Mayor
City of San Marcos
ATTEST:
_____________________________
Phillip Scollick, City Clerk
City of San Marcos
Resolution No. 2023-9210