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HomeMy WebLinkAbout2019-170Resolution No. 2019-170 RESOLUTION NO. 2019-170 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE NPDES LOCAL IMPLEMENTATION PLAN (LIP) WHEREAS, the Santa Ana Regional Water Quality Control Board (SARWQCB) adopted Order R8-2010-0036, [NPDES CAS618036] a National Pollutant Discharge Elimination System (NPDES) Municipal Separate Sewer Systems Permit (also referred to as "Fourth -Term MS4 Permit or Permit) on January 29, 2010 to regulate municipal storm water discharges within the San Bernardino County; and WHEREAS, the City adopted Urgency Ordinance MC -1167 amending the Chapter 8.80 of the San Bernardino Municipal Code pertaining to the protection and regulation of the City's storm water drainage system and declaring the urgency thereof; and WHEREAS, the Permit required Co -Permittees within San Bernardino County to develop and implement a watershed based Water Quality Management Plan (WQMP) to meet post construction standards for reducing the amount of pollutants to the Maximum Extent Practicable (MEP) standard; and WHEREAS, the Fourth -Term Permit required the Principle Permittee, in coordination with the Co -Permittees, to develop and submit an area -wide model Local Implementation Plan (LIP) to the Executive Officer of the Regional Board; and WHEREAS, the LIP should describe the Co-Permittee's legal authority, its ordinances, the departments and personnel responsible for its implementation; applicable standard operating procedures, plans, policies, checklists, and drainage area maps; and tools and resources needed for its implementation; and WHEREAS, the LIP shall establish internal departmental coordination and reporting requirements to ensure accountability and consistency; and WHEREAS, the City shall implement all applicable program elements including but not limited to the management programs, monitoring programs, implementation plans and appropriate BMP's outlined in the MSWMP and the LIP within its own jurisdiction, and take such other actions as may be necessary to meet the maximum extent practicable (MEP) standard. Resolution No. 2019-170 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City NPDES Local Implementation Plan (LIP), incorporated hereto by reference, is hereby approved and adopted by the City Council, and City Staff is directed to submit the LIP to the SARWQCB in accordance with the requirements of the Permit. SECTION 3. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 5. Effective Date. This Resol APPROVED and ADOPTED by the City by the City Clerk this 17th day of July 2019. shall become effective immediately. K%cil signed by the Mayor and attested Yohn Valdivia, Mayor City of San Bernardino Attest: z Georgeann Ha( -iia, MMC, City herk Approved as to form: Gary D. Saenz, City Attorney Resolution No. 2019-170 CERTIFICATION STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-170 adopted at a regular meeting held on the 17th day of July 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ y IBARRA FIGUEROA WITNESS my hand and official seal of the City of San Bernardino this 17th day of July 2019. Georgeann H, a, MMC, Citklerk SHORETT X NICKEL X RICHARD MULVIHILL WITNESS my hand and official seal of the City of San Bernardino this 17th day of July 2019. Georgeann H, a, MMC, Citklerk