HomeMy WebLinkAbout2007/07/17 Item 9
CITY COUNCIL
AGENDA STATEMENT
~'Yf:. CITY OF
n~ (HULA VISTA
July 17, 2007 ltem---3-
ITEM TITLE:
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING THE FIRST AMENDMENT
TO THE NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM MEMORANDUM OF
UNDERSTANDING
DIRECTOR OF PUBLIC WORKS OPERATION0-
ACTING ASSISTANT CITY MANAGER ~
CITY MANAGER
SUBMITTED BY:
REVIEWED BY:
4/STHS VOTE: YES D NO ~
BACKGROUND
On January 24,2002, City Council adopted Resolution No. 2002-15 approving a Memorandum
of Understanding ("MOU"- please see Exhibit B) regarding compliance with the National
Pollutant Discharge Elimination System (''NPDES'') regulations. The MOU was entered into by
and among the County of San Diego, the San Diego Unified Port District, and the eighteen cities
of San Diego County ("Copermittees') to implement regional activities required by the NPDES
Municipal Stormwater Permit issued by the Regional Water Quality Control Board (Regional
Board) on February 21, 2001 as Order No. 2001-0001 ("2001 Permit"). On January 24,2007,
the RWQCB re-issued the permit as Order No. R9-2007-00l ("2007 Permit"), which requires,
among other things, the development and implementation of a regional Hydromodification Plan
("HMP") within specific timeframes. The proposed resolution would approve the First
Amendment to the MOU (Exhibit A) to address Copermittee implementation of the HMP within
the time frames specified in the 2007 Permit.
ENVIRONMENTAL REVIEW
Not Applicable.
RECOMMENDATION
That City Council approves the First Amendment to the National Pollutant Discharge
Elimination System (NPDES) Memorandum of Understanding.
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July 17, 2007, Item~
Page 2 of3
BOARDS/COMMISSION RECOMMENDATION
Not Applicable.
DISCUSSION
The current NPDES MOU, which sets forth responsibilities and cost-sharing provisions for
implementation of the 2001 Permit by the Copermittees, is set to expire on July 24,2007. The
proposed First Amendment to the MOU provides for the following: (a) establishes a cost-sharing
formula for the development of a Hydromodification Management Plan (HMP), a new
requirement under the 2007 Permit; (b) extends the termination date of the MOU to December
31,2007; (c) allows the inclusion of the San Diego Regional Airport Authority in the division of
costs related to the development of a HMP; and, (d) provides for the recovery of administrative
costs by Copermittees that administer contracts related to the development of a HMP.
Development of the HMP is a time-intensive regional activity that needs to be undertaken
immediately for deadlines established in the 2007 Permit to be met.
Hydromodification is the change in natural watershed hydrologic processes and runoff
characteristics caused by urbanization and other land use changes that result in increased storm
flows, sediment transport, and alterations to natural stream and river channels. The required
Hydromodification Plan (HMP), when fully implemented, would address these impacts to
natural stream and river channels by establishing a framework for managing increases in runoff
discharge rates and durations from land development and redevelopment projects where such
increased rates and durations are likely to cause increased erosion of channel bed and banks,
sediment pollution generation, or other impacts to beneficial uses and stream habitat due to
erosive forces. The HMP, once approved by the Regional Board, must be incorporated into the
City's Standard Urban Stormwater Mitigation Plan (SUSMP) and project review process.
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.
FISCAL IMPACT
The City's share of the costs associated with the development of a HMP is estimated to be
between $80,000 and $100,000 over a two-year period and will, directly impact the City's
General Fund. This cost has been included in the Additional NPDES Funding Needs analysis
prepared as part of the FY 2007-08 budget process. The first year's costs were approved by
City Council with approval of the FY 2007-08 budget.
ATTACHMENTS
Exhibit A: Proposed First Amendment to National Pollutant Discharge Elimination System,
San Diego Regional Stormwater Copermittees Memorandum of Understanding
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July 17, 2007, Item~
Page 3 of3
Exhibit B: National Pollutant Discharge Elimination System, San Diego Regional
Stormwater Copermittees, Memorandum of Understanding dated December 3,
2001
Prepared by: Khosro Aminpour, Senior Civil Engineer, Department of PWOPS, 6/26/20076:31 PM
Shared on "Pw2000" (K:)\Public Works OperationslAgenda Statements FY08IAgenda Statement - MOU Update. doc
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1. l,
eX H I i.3 i i .rl
i'IRST AMENDMENT TO NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM
SAN DIEGO REGIONAL STORMW A TER CO PERMITTEES
MEMORANDUM OF UNDERSTANDING
THIS FIRST AMENDMENT TO NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM (NPDES), SAN DIEGO REGIONAL STORMW ATER
COPERMITTEES MEMORANDUM OF UNDERSTANDING (First Amendment to MOU),
made and entered into this _ day of ,200_ by County of San Diego
(herein called County), the San Diego Unified Port District (herein called Port), 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), collectively called Copermittees,
with reference to the following facts.
RECITALS
A. Copermittees entered into a National Pollutant Discharge Elimination System,
San Diego Regional Stormwater Copermittees, Memorandum of Understanding (MOU) on
December 3,2001, known as County of San Diego Contract No._, to comport with NPDES
Pennlt No. 2001-01 requirement that Copermittees cooperate in the implementation of a Storm
Water Management Plan; and
B. On January 24, 2007, the San Diego Regional Water Quality Control Board
(SDRWQCB) issued NPDES Pennit No. R9-2007-0001 which includes requirements in addition
to those that were imposed on the Copermittees in NPDES Permit No. 2001-01, including a
requirement that the Copennittees collaborate to develop and implement a Hydromodification
Management Plan; and
C. Copermittees wish to amend the MOU to: (I) set forth a different cost allocation
formula for the development of the Hydromodification Management Plan (HMP) (2) extend the
First Amendment to San Diego Regional Storm water Copenniuees MOU - 1 -
May 29, 2007
9-4
termination date of the MOU to such time as the Copennittees agree to tenninate the MOU; (3)
allow for the inclusion of the San Diego Regional Airport Authority in the division of costs
related to the development of a Hydromodification Management Plan; (4) provide for the
recovery of administrative costs by Copennittees administering contracts related to the
development of a Hydromodification Management Plan; and
D. The Copennittees have initially estimated the total cost of developing an HMP,
including contracting with outside sources for such services, to be $1,000,000 over a two year
period, and on March 15,2007 approved a Fiscal Year 2007-08 regional shared costs budget that
included $600,000 toward such costs, plus an additional 5% for contract management; and
E. The San Diego Regional Airpol1 Authority (Airport) is a Copennittee under
NPDES Pelmit No. R9-2007-0001; and
F. Airport, although not a party to this MOU, has voluntarily agreed to share in all
HMP costs in accordance with the formula set forth herein; and
NOW, THEREFORE, in consideration of the above recitals and the mutual promises
contained herein, the parties agree l'Q-amend and supplement the MOD as follows:
1. FIRST AMENDMENT TO NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM (NPDESj, SAN DIEGO REGIONAL STORMWATER
COPERMITTEES MEMORANDUM OF UNDERSTANDING
1.1 SectionIV.A.8 of the MOU entitled "Fiscal Responsibilities, General
Responsibilities" is hereby amended and restated to read as follows:
8. Except as set forth herein, the Principal Copennittee agrees to
waive administrative or other costs necessary to fulfill the responsibilities described in Section
I.A. For purposes of Hydromodification Management Plan (HMP) cost allocation, as desclibed
in section IYB.2, County or any other Copennittee contracting for services to develop a HMP,
First Amendment to San Diego Regional Storm water Copermittees MOU - 2-
May 29,2007
9-5
shall be entitled to reimbursement of contract management costs at a rate of 5% of the total
contract cost minus their proportionate share and shall be reimbursed ti'om the fund established
for program operations described in section IV.A.l ot'the MOU.
1.2 Section IV.B of the MOU, entitled "Fiscal Responsibilities, Division of
General Program Costs", is hereby amended and restated to read in its entirety as follows:
1. Except as set forth in subsection 8.2 or as subsequently detennined, the
following cost share allocation shall apply to the development and administration of the annual
Management Committee Budget described in IV.A. Only shared Regional General Program costs
described in Section IV.A.6 are required to be included as part of this Budget. However, for
convenience or economy, groups of Copennittees may elect to include Watershed or Other
General Programs within this overall Budget. The cost share basis among the participating
Copennittees for Watershed or Other General Programs included in the budget may differ from
the cost allocation formula described below. The waiver of administrative costs described in
Section IV.A.8 shall apply to Watershed and Other General Programs only with consent of the
Principal Pennittee.
Prior to the allocation of shared costs, each proposed or approved budget element or sub-element
shall be identified as either a Regional General Program, a Watershed General Program, or an
Other General Program, and the Copennittees sharing that cost shall be identified. The cost of
any particular budget element shall be subject to the approval of only the Copennittees to which it
applies. For each, costs shall be divided among participating Copennittees. The costs of
Regional General Programs shall be allocated according to the following formula:
a. Ten percent (10%) of the cost shall be divided equally among all Copermittees
b. Forty-five percent (45%) of the cost shall be divided based on population.
Population-based costs shall be divided among all Copennittees as follows:
First Amendment to San Diego Regional Stormwater Copermittees MOU - 3 -
May 29, 2007
9-6
(i) The percentage of Population Share Costs for which each Copermittee is
responsible shall be calculated by dividing their total population by the
combined total population of all participating Copennittees within the
geographic area applicable to the shared program or activity. These
percentages shall be calculated using the "Household" population figures
of the San Diego Association of Governments (SANDAG) "Population
and Housing Estimates" for the year 2000 or as formally updated or
amended by SANDAG.
(ii) The County's population for Regional Programs shall be the entire
population of the unincol1lorated County. The County acknowledges
that this will be a greater total population than that which would
otherwise be included within the geographic area described in Section
IV.B.l.c(iii). below.
(iii) The Port's population shall be based on the most recent available
estimate of the number of persons whose primary place of residence is
aboard a vessel within San Diego Bay (e.g., marinas, moorings, etc.).
These numbers shall be based on estimates provided by the Harbor
Police.
c. Forty-five percent (45%) of the cost shall be based on urbanized land area to be
divided among all participating Copennittees as follows.
(i) The percentage of land area costs for which each Copermittee is
responsible shall be calculated by dividing their total urbanized land area
by the combined total urbanized land area of all participating
Copennittees within the geographic area applicable to the shared
program or activity.
First Amendment to San Diego Regional Stormwater Copermittees MOU - 4 -
May 29, 2007
9-7
(ii) These totals shall be calculated using the most recently available San
Diego Association ofGovemments (SANDAG) land use statistics.
(iii) The total urbanized land area for the County shall include those
urbanized lands in the unincorporated portion of the County that are west
of the County Water Authority (CW A) service area boundary as it exists
on the date ofthis Agreement or as formally amended by the CW A, plus
land areas east of this line but draining toward the ocean that are served
by a public water supply authority on the date of this Agreement (i.e.,
parts of Julian, Descanso, and Jamul/Dulzura).
(iv) The total urbanized land area for the Port shall include those urbanized
lands within Port District boundaries. These totals shall be subtracted
from the urbanized land areas of each of the respective Port member
cities (San Diego, Coronado, National City, Chula Vista, and Imperial
Beach).
2. The cost allocation fonnula among the Copermittees for the development of a
Hydromodification Management Plan by a professional consultant, is estimated to be $1,000,000.
$600,000 of that amount is included in the Copermittees' FY 2007-08 regional shared costs
budget. The final cost of a consultant contract for the development ofa HMP, which shall not
exceed $1,250,000, except by written amendment of this MOU, shall be determined upon its
award, with remaining funding to be budgeted by each oflhe Copermittees in FY 2008-09.
HMP costs shall be allocated according to the following fonnula:
a. Ten percent (10%) of the cost shall be divided equally among all Copermittees.
b. Ninety percent (90%) of the cost shall be divided based on the estimated number
of Developable Parcels within each Copermittees' jurisdiction. Developable
Parcel-based costs shall be divided among all Copermittees as follows:
First Amendment to San Diego Regional Stormwater Co permittees MOU - 5 -
May 29,2007
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2.3 Except as hereinabove amended, the National Pollutant Discharge Elimination
System, San Diego Regional Stonnwater Copennittees, Memorandum of Understanding shall
remain in full force and effect. In the event of a cont1ict between the provisions of the MOU and
those of this Amendment, this Amendment shall control.
IN WITNESS THEREOF, this First Amendment 'to MOU is executed as follows:
Date:
City of Chula Vista, Copermittee
First Amendment to San Diego Regional Stormwater Copermittees MOU - 12-
May 29, 2007
9-9
EXH ISII i3
"
National Pollutant Discharge Elimination System
San Diego Regional Stormwater Copermittees
MEMORANDUM OF UNDERSTANDING
December 3, 2001
This Memorandum of Understanding (MOU), entered into by the County of San Diego (herein called
County), the San Diego Unified Port District (herein called Port), and the incorporated cities of San
Diego, Carlsbad, Chula Vista, Coronado, Escondido, Imperial Beach, La Mesa,
San Marcos, Del Mar, EI Cajon, Encinitas, Lemon Grove, National City, Oceanside, Poway, Santee,
Solana Beach, and VISta (herein called Cities), collectively called Copermittees, establishes the
responsibilities of each party with respect to compliance WITh the National Pollutant Discharge
Elimination System (NPDES) storm water permIT reguiations administered by the UnITed States
Environmental Protection Agency (U.S. EPA) under the authorITy granted by the Federal Water
Pollution Controi Act (Clean Water Act) 33 USCA 1251 et. seq. as amended.
RECITALS
WHEREAS, in 1987 Congress amended Section 402 of the Federal Water Pollution Control Act
(33 USCA 1342p) to require the U.S. EPA to promulgate regulations for applications for permITs for
storm water discharges; and
WHEREAS, the U.S. EPA adopted final permIT regulations on November 16, 1990; and
WHEREAS, these permit regulations require the control of pollutants from storm water discharges by
requiring a NPDES permIT which would allow the lawful discharge of storm waters into waters of the
UnITed States; and .
WHEREAS, the County, the Port, and the CITies desire to implement an integrated storm water
management program WITh the objective of improving surface water quality in the County of
San Diego; and
WHEREAS, the Califomia State Water Resources Control Board (CSWRCB) as designee of the U.S.
EPA has delegated authorITY to the San Diego Regional Water Quality Control Board
(SDRWQCB) for administration of the NPDES storm water permIT WIThin the boundaries of ITS region;
and
WHEREAS, on February 2t, 2001, the Regional Board issued a NPDES permIT and Board Order No.
2001-01 (herein called PermIT) governing waste discharge requirements for storm water and urban
runoff from the County, the Port, and the Cities, naming these entITies as Copermittees; and
WHEREAS, said permIT and order require that the Copermiltees cooperate in the implementation of a
Storm Water Management Plan inciuding the execution of a Memorandum of Understanding;
NOW, THEREFORE, the parties hereto do mutually agree as follows:
PERMITTEE RESPONSIBILITIES
A. DESIGNATION AND RESPONSIBILITIES OF PRINCIPAL PERMITTEE
San Diego Regional Stormwater Copermittees MOD 9": 1 0
December 3,2001
1. The County of San Diego ("County") is hereby designated Principal Permittee. As
such, the County incurs each of the responsibilities described in Section 1.A2.
below. The County aiso has the responsibilities of all Copermittees described in
Section I.B. of this MOU.
2. As necessary to meet the requirements of the Permit, the Principal Permittee
shall provide overall program coordination and support, Including the following
tasks and responslbiiities:
a. Establish, chair, and provide overall Permit coordination and leadership of the
Regional Storm Water Management Committee (herein called Management
Committee, see Section II).
b. Submit to the SDRWQCB the formal agreement between the Co permittees
that provides a management structure for meeting the requirements of the
Permit.
c. Submit to the SDRWQCB the standardized formats for all reports required by
the Permit by February 21, 2002.
d. Submit the unified Jurisdictional Urban Runoff Management Program
(URMP) document, including the Modei Standard Urban Stormwater
Mitigation Plan (SUSMP), to the SDRWQCB by February 21,2002.
e. Provide personnel and resources to facilitate the development and
implementation of Regionai General Prpgrams (as defined in Section
I.B.2.a.l.).
f. Execute, manage and administer contracts on behalf of the Copermittees as
necessary to support the impiementation of Regional General Programs.
With consent of the Principal Permittee, this may also include Watershed or
Other General Programs. The Principal Permittee shall not be obliged to
enter into any contract, or continue with a contract, unless the Principal
Permittee has received the funds each Copermittee is obliged to contribute to
the cost of the contract, or has received adequate assurances that such
funds will be received before payments under that contract become due.
The Principal Permittee shall have sole discretion to determine whether
assurances that required funds will be timely received are adequate.
g. Collect and assemble the individuai and joint program reports, pians, and
submit them to the SDRWQCB as required in the Permit. The following
individual Copermittee documents and reports shall be integrated into a
single unified document and/or report:
. Jurisdictional Urban Runoff Management Plans (URMPs)
. Jurisdictional URMP Annual Reports
. Watershed URMP Documents
. Watershed URMP Annual Reports
. Dry Weather Analytical Monitoring Reports
. Receiving Waters Monitoring and Reporting Program Annual Proposals
and Reports
h. Provide the Management 'Committee with meeting agendas including topic
input from the Copermittees.
i. Record all Management Committee votes and provide meeting summaries.
j. Maintain a current mailing list of interested parties.
k. Coordinate public Input process(es) for proposed regional management and
implementation plans where applicable.
9-11
San Diego Regional Stormwater Copermittees MOD - 2 -
December J, 2001
I. Provide a repository for the centralization of urban runoff data and
information.
m. Conduct data management and anaiysis.
n. Maintain knowledge of and advise the Co permittees regarding current and
proposed State and Federal policies, regulations, and other NPDES
programs; assist the Copermittees in the development and presentation of
positions on these issues before local, State, and Federal agencies.
o. Represent the Co permittees on the California Storm Water Quality Task
Force. However, Copemrittees do not waive their right to represent
themselves individually as they deem appropriate.
p. Formally advise appropriate State and Federal agencies of temrination or
amendment of this MOU.
q. Formally advise Co permittees in advance of official votes to be taken by the
Management Committee.
3. Responsibilities of the Principal Permittee may be amended by a vote of the
Management Committee to include additional tasks or responsibilities necessary
to meet the requirements of the Permit, or to provide additional water quality
benefits as determined appropriate with consent of the Principal Permittee.
B. RESPONSIBILITIES OF All COPERMITTEES
1. INDIVIDUAL PROGRAM RESPONSIBILITIES
a. Individual Programs are urban runoff management activities and programs
which are required of individual Co permittees as defined in Sections F, G, H,
and I of the Pemrit (excluding the collaborative development of model
Standard Urban Storm Water Mitigation Plans (SUSMPs) required in Section
F.1.b.(2)).
b. Within their sole jurisdiction, each of the Copermittees shall incur each of the
following Individual Program responsibilities:
--1
i. Establish and maintain adequate legal authority to control pollutant
discharges from its MS4 as required by Section D (Legal Authority) of
Order No. 2001-01 and to ensure compliance with the provisions of
Section F of the Permit.
ii. Provide data, information, and reports within the time frames agreed
upon by the Management Committee, to the Principal Permittee as
necessary for program development, assessment, and reporting
purposes.
iii. Cooperate with the SDRWQCB in pursuing enforcement action as
necessary to ensure compliance with their URMP.
iv. Enforce locai laws, codes, and ordinances as necessary to ensure
implementation of plans where it has statutory authority to pursue such
enforcement actions.
v. Ensure adequate response to emergency situations such as accidental
spills, leaks, and illicit discharges.
vi. Prepare and submit to Principal Permittee an individual jurisdictional
URMP document.
vii. Prepare and submit to Principal Permittee individual jurisdictional URMP
annua[--n~~~rts.
San Diego Regional Stormwater Coperrnittees MOD - 3 -
9-12
December 3,2001
viii. Abide by the terms of this MOU where rt does not conflict wrth any other
statutory requirements.
2. GENERAL PROGRAM RESPONSIBILITIES
General Programs are urban runoff management activities and programs which
are required of, or provide a general and collective benefrt to, all Copermrttees or
groups of more than one, but less than all CopermITtees. General Programs
must be mandated by the Permrt, or be necessary to implement activities
mandated by the Permrt, or otherwise be conducted with the consent of all
CopermITtees participating or cooperating in the particular activity or program.
a. The following deflnrtions shall apply to General Programs.
i. Reaional General Proarams are activities and programs that apply to all
CopermITtees of the Penmrt.
ii. Watershed General Proarams are activities and programs that apply to
the CopermITtees wrthin any of the Watershed Protection Areas (WPAs)
defined by the Permit.
Iii. Other General Proarams are activities and programs that apply to
multiple CopenmITtees, but which do not apply to Regional or Watershed
General Programs as described above.
II REGIONAL STORM WATER MANAGEMENT COMMITTEE
A. ESTABLISHMENT OF THE REGIONAL STORM WATER MANAGEMENT
COMMITTEE
A Regional Storm Water Management Committee (Management CommITtee) is
hereby established. The purpose of the Management CommITtee is to provide
regional coordination of urban runoff management activities, to develop and
implement Regional General Programs, and to develop a framework for consistency
between Watershed or Other General Programs and Individual Programs. The
development of urban runoff management activities at the regional, watershed, and
individual program levels requires the input and participation of all CopermITtees. The
Management CommITtee will provide a forum for the representation of interests, and
the development of consensus during the presentation. discussion, and evaluation of
proposed activities and program elements.
B. MANAGEMENT COMMITTEE REPRESENTATION
1. The Management CommITtee shall be chaired by the Principal Permittee who
shall record all votes in the meeting summaries.
2. Each of the Copermittees (18 cities, the County and the Port) shall be allocated
one vote.
3. Each of the CopermITtees shall have one representative as a member of the
Management CommITtee.
4. A quorum of two-thirds rounded up to the next whole person of the Management
CommITtee must be present for a vote to be held.
5. Except as noted elsewhere in this MOU, approval of al! ~A~nagement CommITtee
recommendations shall require a two-thirds affirmative vote of the total number of
CopermITtees present. In all instances, a majorrty affirmative vote of the total
Management Committee rounded up to the next whole person shall be required.
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San Diego Regional Stormwater Copermittees MOU - 4 -
December 3, 2001
6. Meetings of the Management Committee, including any closed sessions WITh
legal counsel, shall be conducted in accordance WITh the "Brown Act"
(Govemment Code Section 54950 et seq.) The individual Copermittees have
differing opinions on whether the Brown Act legally should be interpreted as
applying to members of the Management Committee. In executing this
Agreement, the Copermittees do not waive their right to take the posITion that the
Brown Act legally does not apply, but voluntarily agree to follow Brown Act
procedures for Management Committee meetings. Except for official meetings of
the Management Committee, nothing herein shall be interpreted to require
meetings between staff members of the individual Copermittees (including
designated representatives of the Co permittees) to be subject to the Brown Act,
where the Brown Act would not otherwise apply. Each Copermittee Is Individually
responsible for ensuring that IT complies WITh the Brown Act.
C. RESPONSIBILITIES OF THE MANAGEMENT COMMITTEE
The Management Committee shall be responsible for the following:
1. Developing, implementing, and/or arranging for implementation of, Regional
General Programs (see Section I.B.2.a.i.).
2. Addressing common issues, promoting consistency among JUlisdictional
Urban Runoff Management Programs (Jurisdictional URMPs) and
Watershed Urban Runoff Management Programs (Watershed URMPs), and
planning and coordinating activities required under the PermIT.
3. Jointly developing standardized format(s) for all reports required under the
PermIT (e.g., annual reports, monitoring reports, fiscal analysis reports, and
program effectiveness reports).
4. Approving an annual Budget (see Section IVA).
5. Establishing by-laws for the conduct of all meetings.
6. Establishing subcommittees or workgroups to review specific issues and
make recommendations.
III
WATERSHED ACTIVITIES
....j
For each of the nine watersheds listed in Table 4 of the PermIT, each Copermittee shall
collaborate WITh other Copermittees WIThin ITS watershed and shall develop and implement a
Watershed URMP as required by the PermIT.
San Diego Regional Stormwater Copermittees MOD - 5 -
9-14
December 3,2001
IV FISCAL RESPONSIBILITIES
A. GENERAL RESPONSIBILITIES
1. The Copermittees shall each pay a yearly assessment Into a fund established for
Program operations for their assigned portion of the Management Committee
approved Budget (Budget). The proportionate share of the Budget that each
Copermittee shall pay is defined in Section IV.B below.
2. Any individual Copermittee, or group of Co permittees, may enter into separate
agreements with other Copermittees, including the Principal Permittee, for
services necessary to fulfill Individual Program responsibilities as described in
Section I.B.1. above.
3. Each Copermittee shall pay its share of expenses within 60 days of receipt of an
invoice from the Principai Permittee. Funds collected and not expended in any
fiscal year shall be credited to the Copermittees' share of the next flScai year's
costs in accordance with the Copermittees' defined participation rates.
4. No later than January 1s' of each year, a Budget Subcommittee shall prepare and
submit for consideration by the Management Committee an estimated budget of
costs and expenses for Regional General Programs applicable to the ensuing
fiscal year.
5. To ensure that Copermittee governing bodies have sufficient time to consider
fiscal impacts, the Management Committee shall prepare a draft Budget by no
later than January 31s' of each year for those Regional General Programs to be
instituted in the ensuing fiscal years. After consideration of comments and
discussion, a final Budget will be prepared, approved, and distributed by no later
than February 28'h of each year. The Budget will be based on the fiscal year
beginning July 1 st and ending June 30'h, and shall include a description of major
tasks, schedules, and projected costs for Regional General Programs.
6. Unless amended by a vote of the Management Committee, annually budgeted
shared costs for Regional General Programs and activities shall include the
following elements. Copermittees shall be responsible for their proportionate
share of the amount approved pursuant to this section for each of these
elements:
a. Stormwater Permit Fees ($10,000 per year unless amended by the SWRCB).
b. Receivina Waters Monitorino and Reoortina Proaram.
c. Reaional Outreach and Education Proaram. Activities not required for Permit
compliance shall be considered Other General Programs rather than
Regional General Programs.
d. Reaional Stormwater Hotline. The County agrees to continue operation of a
Regional Stormwater Hotline as an in-kind contribution to the Copermittees'
Regional Outreach and Education Program subject to the following
conditions.
i. The County's total staffing contribution, including its
proportionate share, shall not exceed 1.0 full-time equivalent
hotline operator.
ii. The County's expenses will be limited to those costs necessary
to facilitate the receipt of public inquiries and complaints, make
referrals for followup and investigation to appropriate
Co permittees or other agencies, and provide basic educational
information.
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San Diego Regional Stormwater Coperrnittees MOU - 6 -
December 3, 2001
iii. The cost of producing and/or distributing written or other
materials in response to Hotline requests shaH be the sole
responslbiltty of the Copermittee to which those requests apply.
Wrth consent of the County, such materials may be provided
under separate agreement.
iv. The County may discontinue providing this service at tts own
discretion, but in such case agrees to provide Copermittees
sufficient notice to aHow the establishment of other services as
necessary to meet their Permtt obligations. This period shaH be
at the discretion of the County, but shaH Include no iess than 60
days written notice,
e. Contribution to the California Stormwater Qualttv Task Force.
f, Addttlonal elements which have received unanimous consent of the
Manaoement Committee.
7. Following the end of each fiscal year, the Principal Permittee shaH provide a
detailed accounting of the costs and expenses. The Principal Permittee shaH
also provide the Management Committee quarterly Budget Balance and
Expendtture Status Reports.
8. The Principal Permittee agrees to waive administrative or other costs necessary
to fulfiH the responsibiltties described in Section I.A. above.
9, Each Copermittee shaH timely submtt a budget request, sufficient tQ fund the
Copermittee's assigned share of the approved Management Committee Budget
for the ensuing fIScal year, to that Co permittee's governing body for approval.
The submission shaH reference and provide information on the approved
Management Committee Budget, and shaH inform that Copermittee's governing
body that if the requested funds are not provided the Copermitte'e will be
excluded from further Management Committee participation and wiH be in
violation of RWQCB Order No. 2001-01.
10. Subject to approval by the Copermittees participating in a particular shared
General Program, individual Copermittees may provide in-kind rather than
monetary contributions toward the cost of that activtty.
11. Should a dispute arise among any of the parties regarding any matter related to
this MOU, the parties agree to first meet and confer in good faITh to attempt to
resolve the dispute. If that fails to resolve the dispute, they wiH submit the matter
to mediation. If mediation fails to resolve the dispute, they shaH submtt tt to non-
binding arbITration. if they cannot agree on a singie arbttrator, they shall each
select one arbttrator and the two arbITrators shaH select a third arbITrator. The
matter shaH then be decided by a panel of the three arbITrators by a majorITy vote.
San Diego Regional Stormwater Copermittees M019 -16-
December 3, 200!
B. DIVISION OF GENERAL PROGRAM COSTS
The following shall apply to the development and administration of the annual
Management Committee Budget described in IVA above. Only shared Regionai
General Program costs described in Section IV.A.6. above are required to be included
as part of this Budget. However, for convenience and/or economy, groups of
Copermittees may elect to include Watershed and/or Other General Programs within
this overall Budget. The cost share basis between the participating Copermittees for
Watershed and/or Other Generai Programs inciuded in the budget may differ from
the cost allocation formula described below. The waiver of administrative costs
described in Section IVA8. shall apply to Watershed and Other General Programs
only with consent of the Principal Permittee.
Prior to the allocation of shared costs, each proposed or approved budget element or
sub-element shall be identified as either a Regional General Program, a Watershed
General Program, or an Other General Program, and the Copenmittees sharing that
cost shall be identified. The cost of any particular budget element shall be subject to
the approval of only the Copermittees to which it applies. For each, costs shall be
divided among participating Copenmittees. The costs of Regional General Programs
shall be allocated according to the following formula:
1. Ten percent (10%) ofthe cost shall be dMded equally among all Co permittees.
2. Forty-five percent (45%) of the cost shall be dMded based on population.
Population-based costs shall be divided among all Co permittees as follows:
a. The percentage of Population Share Costs for which each Copermittee is
responsible shall be calculated by dividing their total population by the
combined total population of all participating Copermittees within the
geographic area applicable to the shared program or activitity. These
percentages shall be calculated using the "Household" population figures of
the San Diego Association of Governments (SANDAG)
"Population and Housing Estimates" for the year 2000 or as formally updated
or amended by SANDAG.
b. The County's population for Regional Programs shall be the entire population
of the unincorporated County. The County acknowledges that this will be a
greater total population than that which wouid otherwise be included within
the geographic area descnbed in Section IV.B.3.c. below.
c. The Port's population shall be based on the most recent available estimate of
the number of persons whose primary place of residence is aboard a vessel
within San Diego Bay (e.g., marinas, moorings, etc.). These numbers shall
be based on estimates provided by the Harbor Police.
3. Forty-five percent (45%) of the cost shall be based on urbanized land area 10 be
divided among all participating Copermittees as follows.
a. The percentage of land area costs for which each Copermittee is responsible
shall be calculated by dMding their total urbanized land area by the
combined total urbanized land area of all participating Copermittees within
the geographic area applicable to the shared program or activitity.
b. These totals shall be calculated using the most recently available San Diego
Association of Governments (SANDAG) land use statistics.
c. The total urbanized iand area for the County shall include those urbanized
lands in the unincorporated portion of the County that are west of the County
Water Authority (CWA) service area boundary as it exists on the date of this
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San Diego Regional Storrnwater Copermittees MOD - 8 -
December 3, 2001
Agreement or as formally amended by the CWA, plus land areas east of this
line but draining toward the ocean that are served by a public water supply
authority on the date of this Agreement (i.e., parts of Julian, Descanso, and
Jamul/Dulzura).
d. The totai urbanized land area for the Port shall include those urbanized lands
within Port District boundaries. These totals shall be subtracted from the
urbanized land areas of each of the respective Port member cities (San
Diego, Coronado, National City, Chula Vista, and Imperial Beach).
C. DIVISION OF INDIVIDUAL PROGRAM COSTS
During the life of this MOU, it may be necessary or desirable for Copermittees or
groups of Copermittees to enter into agreements for selilices necessary to fulfill
Individual Program responsibilities. Determination of costs for these selilices is solely
the responsibility of participating Copermittees.
V LIFE OF AGREEMENT
A. TERM OF AGREEMENT
The term of this MOU commences on its execution by each and all of the duly
authorized representatives in the County, the Port, and the Cities. The life of the MOU
shall run with the life of the current Permit plus six months, unless the Copermittees
agree to put a revised MOU in place sooner. For purposes of this paragraph, any
permit renewal or replacement after January 2006 shall be considered a new permit;
any earlier amendment of the Permit increasing the obligations of the Principal
Copermittee may at the County's sole option, be deciared to be a new permit; and the
Management Committee shali determine whether any other earlier amendment to the
Permit is of such significance as to effectively be a new Permit.
B. WITHDRAWAL OF CO PERMITTEE
1. Participation in this MOU may be withdrawn by any Copermittee for any reason
only after the Copermittee complies with all of the following conditions of
withdrawal:
a. The Copermittee shall notify all of the other Copermittees in writing
90 days prior to its intended date of withdrawal.
b. The withdrawing Copermittee shall have its name deieted as a Copermittee
to the Permit.
2. Any expenses associated with withdrawal, including but not limited to, filing and
obtaining the withdrawing Copermittee's individual NPDES permit and the
amendment of the Permit will be solely the responsibility of the withdrawing
Copermittee.
3. The withdrawing Copermittee shall be responsible for their portion of any shared
costs incurred according to the conditions of this MOU up to the time that each of
the conditions in Section V.B.1. above has been met.
4. Any monies paid by withdrawing Copermittee in excess of the amount due under
the terms of the MOU shall be refunded to the Copermittee at the time the
withdrawal becomes final as set forth in Section V B.1.a. above.
5. The withdrawing Copermittee shall not be entitled to participate in the division of
proceeds in any reserve fund account, if any, if, and when, the MOU is dissolved.
San Diego Regional Stormwater Copermittees MOUs-=fa
December 3,2001
C. NON-COMPLIANCE WITH MOU REQUIREMENTS
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 penalties resulting from such
non-compliance. Failure to comply with MOU conditions within specified or agreed
upon timelines shall constitute non-compliance with the MOU.
D. AMENDMENTS TO THE MEMORANDUM OF UNDERSTANDING
This MOU may be amended only by consent of all Copermittees. No amendment
shall be effective unless it is in writing and signed by the duly authorized
representatives of the Copermittees.
E. GOVERNING LAW
This MOU shall be governed and construed in accordance with the laws of the State
of California. If any provision or provisions shall be held to be invalid, illegal, or
unenforceable, the validity, legality, and enforceability of the remaining provisions
shall not in any way be affected or impaired thereby.
The headings used throughout this MOU are for convenience only and do not in any
way limit or amplify the terms or provisions of the MOU.
F. CONSENT AND BREACH NOT WAIVER
No term or provision hereof shall be deemed waived and no breach excused, unless
such waiver or consent shall be in writing and' signed by the Copermittee to have
waived or consented. Any consent by any Copermittee to, or waiver of, a breach by
the other, whether expressed or implied, shall not constitute a consent to, waiver of, or
excuse for any other different or subsequent breach.
G. INDEMNIFICATION
Each party to this MOU (1) shall have the sole responsibility to comply with the Permit,
(2) shall pay all fines, penalties, and costs which may arise out of such party's non-
compliance with the Permit, and (3) shall enter into agreements with neighboring
co permittees as necessary to address cross-boundary pollution.
H. APPLICATION OF PRIOR AGREEMENTS
This MOU constitutes the entire Agreement between the parties with respect to the
subject matter; all prior agreements, representations, statements, negotiations, and
undertakings are superseded hereby.
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San Diego Regional Stormwater Copermittees MOD - 10 -
December 3, 200 I
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IN WITNESS THEREOF, this Agreement is exec~ted as follows:
Date: .
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RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FIRST AMENDMENT TO
THE NATIONAL POLLUTANT DISCHARGE ELIMINATION
SYSTEM MEMORANDUM OF UNDERSTANDING
WHEREAS, on January 24, 2002, the City Council adopted Resolution No. 2002-15,
approving a Memorandum of Understanding [MOU] regarding compliance with the National
Pollutant Discharge Elimination System [NPDES] Permit; and
WHEREAS, the MOU was entered into by and among the County of San Diego, the San
Diego Unified Port District, and the eighteen cities of San Diego County [Copermittees] to
implement regional activities required by the NPDES Municipal Stormwater Permit issued by
the Regional Water quality Control Board [Regional Board] on February 21, 2001, as Order No.
2001-0001 [2001 Permit]; and
WHEREAS, on January 24, 2007, the Regional Board reissued the permit as Order
No. R9-2007-001 [2007 Permit], which requires, among other things, the development and
implementation of a regional Hydromodification Plan [HMP] within specific timeframes; and
WHEREAS, the proposed First Amendment to the MOU provides for the following:
(a) establishes a cost-sharing formula for the development of a Hydromodification Management
Plan, a new requirement under the 2007 Permit; (b) extends the termination date of the MOU
from July 24, 2007, to December 31, 2007; (c) allows the inclusion of the San Diego Regional
Airport Authority in the division of costs related to the development ofa HMP; and, (d) provides
for the recovery of administrative costs by Copermittees that administer contracts related to the
development of a HMP.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City ofChula Vista does
hereby approve the first amendment to the National Pollutant Discharge Elimination System
Memorandum of Understanding dated December 3,2001.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized to execute the first amendment to the Memorandum of Understanding on behalf of the
City ofChula Vista.
Presented by
Approved as to form by
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Ann Moore '
City Attorney
Dave Byers
Director, Public Works Operations
J:\Allomey\RESQ\MOU\NPDES--lsl Amendment to MOU~07_17_07.doe
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