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HomeMy WebLinkAbout2007/12/11 Item 10 CITY COUNCIL AGENDA STATEMENT :$'Yf:.. CllY OF :: - CHUlA VISTA December 11, 2007 Item~ ITEM TITLE: RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING (MOD) AMONG THE COPERMITTEES OF SAN DIEGO COUNTY, AS REQUIRED TO COMPLY WITH THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM MUNICIPAL PERMIT, ORDER NO. R9-2007-0001, AND AUTHORIZING THE MAYOR TO SIGN THE MOU ON BEHALF OF THE CITY. ;; DIRECTOR OF PU~BLIC W~~S~ CITY MANAGER WI ASSISTANT CITY A ER c:;; r 4/5THS VOTE: YES NO X SUBMITTED BY: REVIEWED BY: BACKGROUND Since 1990, when the Regional Water Quality Control Board (Regional Board) fust adopted the National Pollutant Discharge Elimination System (NPDES) Municipal Permit for San Diego County, the City of Chula Vista has been cooperating with other Coperrnittees in the implementation of regional programs. This cooperation has necessitated entering into several agreements (or MOUs) throughout the years for shared program responsibilities and costs. The MOUs are modified approximately every five years, concurrent with the re-issuance of the NPDES Municipal Permit, to address specific permit requirements, and to defme associated Copermittees' shared regional responsibilities and financial obligations. The proposed MOU will be entered into by the County of San Diego, the San Diego Unified Port District, the San Diego County Regional Airport Authority, and all of the incorporated cities of San Diego County (all Copermittees of the Permit, Order No. R-2007-000l [Permit]). It establishes the shared program responsibilities of each party with respect to compliance with the Permit regulations, which are administered by the Regional Board. ENVIRONMENTAL REVIEW CEQA Determination: The Environmental Review Coordinator has determined that entering into a Memorandum of Understanding with the Copermittees of the NPDES Municipal Permit, Order No. R9-2007-000l is exempt from the California Environmental 10-1 December 11, 2007, Item~ Page 2 of7 Quality Act pursuant to Section 15307, Class 7 (Actions by Regulatory Agencies for Protection of Natural Resources). No further environmental review is necessary. RECOMMENDATION That Council adopt the Resolution approving the Memorandum of Understanding and authorizing the Mayor to sign the MOU on behalf of the City. BOARDS/COMMISION RECOMMENDATION Not Applicable. DISCUSSION The United States Environmental Protection Agency (USEP A) proposed regulations (published December 8, 1988 in the Federal Register) for the issuance ofNPDES Permits to regulate storm water discharges into the waters of the United States. The USEP A regulations require NPDES permits for discharges from municipal storm drains on a system-wide or jurisdiction-wide basis. The San Diego Permit is system-wide, covering all jurisdictions of San Diego County. Pursuant to the Federal Clean Water Act and the California Porter-Cologne Water Quality Act, the Regional Board issued permits to the San Diego County Copermittees in 1990, 1999 (Tentative Order), and 2001. On January 24, 2007, the Regional Board adopted a new Permit, Order No. R9-2007-0001, which supersedes the 2001 NPDES permit. The Permit requires all parties (named as Copermittees) - the County of San Diego, the San Diego Unified Port District, the San Diego County Regional Airport Authority, and the incorporated Cities of San Diego County - to collaborate in the development and implementation of regional and watershed urban runoff management plans, including the execution of an agreement (MOU, Attachment 1). I. Current MOU The current MOU is dated December 3, 2001, and includes provlStons for all Copermittees' collaboration on regional program management implementation and cost sharing. It was developed to address the 2001 NPDES Municipal Permit requirements. The current MOU was amended once to extend its term to December 31,2007. The new MOU builds upon the current MOU, but includes additional provisions to address the new regional management structure, all Copermittees' responsibilities, voting rules and regulations, default cost sharing formula, and a special cost sharing formula for development of a Hydromodification Management Plan. The Copermittees have successfully worked together under the previous MOUs and the new MOU, which is an expansion of the current MOU, is expected to provide ground rules for successful Copermittee cooperation during the life of the new NPDES Municipal Permit, Order No. R9-2007-0001. The following summarizes the significant provisions in the proposed MOU: 10-2 December 11, 2007, Item 1,0 Page 3 of7 II. Responsibilities of All Copennittees A. Performance of. and Reimbursement for Program Tasks Under the MOU, all Copermittees will be required to perform their share of tasks necessary to fulfill general program and watershed responsibilities. All Copermittees will be required to have representation and participation; chair; co-chair; or perform secretarial duties in the Management Committee, Program Planning Subcommittee, or Regional Workgroups as described in detail in the MOU. Any Copermittee that performs contract administration tasks to fulfill Budgeted General Program Responsibilities is entitled to reimbursement of contract management costs at a rate of 5% of the total contract cost. Any individual Copermittee performing tasks other than contract administration or serving as a Working Body chair, co-chair, or secretary, is entitled to reimbursement of the direct costs of performing those services, as explained in the following sections. B. Fiscal Responsibilitv Prior to the allocation of shared costs, each proposed or approved budget element will be identified as (I) a Regional General Program Cost, (2) a Watershed General Program Cost, or (3) an Other General Program Cost and the Copermittees sharing costs will be identified. Each Copermittee's share of the costs will be based either on a Default Formula or on a Special Formula. In the case of the Default Formula, the shared costs will be divided in the following manner: 45% based on urbanized land area, 45% based on population, and 10% divided equally among all Copermittees. Special Formulas may be applied to any shared General Program Cost, but require the approval of a supermajority of the Copermittees sharing the program costs. A Special Formula will be used for the costs of developing a Hydromodification Management Plan (HMP). The initial cost estimate for development of a HMP is $1,000,000 over a two-year period. A consultant has been hired to provide expert services needed for the development of the HMP document. The Special Formula used for sharing the HMP cost is as follows: 10% divided equally among all Copermittees; and, 90% divided based on the estimated number of developable parcels within each Copermittee's jurisdiction. The City ofChula Vista's share of the HMP costs will be about 10% of the total cost, or about $100,000. Subject to the approval of the Copermittees partIcIpating in a particular Shared General Program, a Copermittee may provide an in-kind contribution rather than a monetary contribution toward all or part of the cost of an activity. To ensure that Copermittees have sufficient time to budget adequate funds, no later than January 31st of each year the Management Committee will approve and distribute to the Copermittees a fmal Regional Work Plan and Regional Shared Costs 10-3 December 11, 2007, 1tem~ Page 4 00 Budget. For Regional General Programs, the Copermittees will each pay a yearly assessment into a Regional General Program Operations Fund. The Principal Permittee will manage the Regional General Program Operations Fund. Similarly, for Watershed General Programs, the Copermittees within the watershed will each pay a yearly assessment into a Watershed General Program Operations Fund. The Watershed Lead Copermittee will manage the Watershed General Program Operations Fund. The City of Chula Vista is located within the San Diego Bay Watershed, and the San Diego Unified Port District is the Lead Copermittee for the watershed. III. Reeional General Proerams A. Regional Principal Permittee The Copermittees have designated the County of San Diego as the Principal Permittee. In addition to having the same responsibilities as other Copermittees, the Principal Permittee will provide general coordination for the development and implementation of Regional General Programs, including but not limited to: a) chairing and providing overall coordination and leadership of the Regional Management Committee and the Regional Program Planning Subcommittee, b) Collecting and assembling individual and joint program reports, and submitting them to the Regional Board, c) Maintaining knowledge of, and advising the Copermittees of current and proposed State and Federal policies, regulations, and other NPDES programs. B. Regional Storm Water Management Committee The purpose of the Management Committee is to provide a public forum for the development, approval, and coordination of urban runoff management programs, and for the exploration of issues of regional significance. The Management Committee will consist of one participant representing each Copermittee. Each Copermittee will have one vote. The Management Committee will meet at least four times per year. The Management Committee's responsibilities will include but not be limited to: a) addressing common issues, promoting consistency among jurisdictional and watershed programs, and planning and coordinating activities required under the Permit, b) developing, implementing, and arranging for the implementation of Regional General Programs, c) providing a forum for public participation in the development and implementation of regional urban runoff management programs and activities, d) formally approving the recommendations, work products, and deliverables of Working Bodies presented for consideration, e) adopting an annual regional Work Plan and Shared Costs Budget. C. Regional Program Planning Subcommittee The purpose of the Planning Subcommittee will be to provide regional coordination of urban runoff management activities, to develop and implement Regional General 10-4 December 11, 2007, Item~ Page 5 of7 Programs, and to direct and coordinate the activities of regional, watershed, or other general programs. The Planning Subcommittee will meet at least six times per year. At a minimum, the Planning Subcommittee's responsibilities will include but not be limited to: a) serving as an intermediary between the Management Committee and other Copermittee Working Bodies, b) planning and coordinating Management Committee meetings, c) scheduling, coordinating, and tracking the progress of Working Bodies in the completion of their assigned responsibilities, d) directing and assigning work products and information requests between Working Bodies, e) conducting regional program planning, including developing an annual Regional Work Plan and Regional Shared Costs Budget for Management Committee consideration and approval, f) providing a representative to each Regional Workgroup, g) regularly coordinating with Regional Board staff, stakeholders, regulated parties, and other interested partied to identify and explore key regional issues and concerns. The Planning Subcommittee will be comprised of one participant from each Watershed Lead Copermittee. Annually, up to two additional representatives may be appointed to the Planning Subcommittee with the approval of the Management Committee. D. General Responsibilities of Regional Workgroups and Sub-Workgroups The purpose of Regional Workgroups and Sub-workgroups is to provide regional coordination of urban runoff management activities within assigned subject areas, to develop and implement recommended Regional General Programs, and to provide coordination of activities with stakeholders and interested parties. Regional Workgroups are advisory to the Management Committee through the Planning Subcommittee. Regional Sub-workgroups are advisory to the Regional Workgroups to which they are subordinate. Each Regional Workgroup and Sub-workgroup will meet at least four times per year. At a minimum, each Regional Workgroup and Sub-workgroup's responsibilities will include, but not be limited to: a) facilitating consistency in the development, implementation, review, and revision of General Programs, and the development of associated reports and work products, b) developing, annually reviewing, and updating as necessary subject-specific standards for reporting, assessment, and data and information management, c) developing and implementing Regional General Programs, d) regularly coordinating with Regional Board staff, stakeholders, regulated parties, and other interested parties to identify and explore key regional issues and concerns. Regional Workgroups and Sub-workgroups are as follows: 1. Fiscal, Reporting, and Assessment Workgroup 2. Education and Residential Sources Workgroup 3. Regional Monitoring Workgroup and Sub-workgroups (including Dry Weather and Coastal Storm Drain Sub-workgroups) 10-5 December 11, 2007, Item~ Page 6 of7 4. Regional Watershed Urban Runoff Management Workgroup and Sub- workgroups (including nine Watershed Sub-workgroups) 5. Land Development Workgroup 6. Municipal Activities Workgroup 7. Industrial and Commercial Sources Workgroup IV. Watershed General Proerams A. Watershed Lead Permittees There are nine Watershed Management Areas defined in the Permit. The City of Chula Vista is located within the San Diego Bay Watershed. The San Diego Unified Port District has been nominated in the Permit as the Watershed Lead Permittee of the San Diego Bay Watershed. In addition to having the same responsibilities as other Copermittees in the watershed, each Watershed Lead Permittee will provide general program coordination for Watershed General Programs applicable to their respective Watershed Management Area, including but not limited to: a) establishing, chairing, and providing overall coordination and leadership of its respective Watershed Urban Runoff Management Program Sub-workgroup, b) collecting and assembling the individual and joint program reports and plans, and submitting them to the Regional Principal Permittee or the Regional Board as required in the Permit, c) maintaining knowledge of, and advising the Watershed Copermittees on current and proposed watershed-related State and Federal policies, regulations, and other NPDES programs. B. Watershed Urban Runoff Management Sub-workgroups For each of the nine Watershed Management Areas defined in the Permit, a Watershed Urban Runoff Management Program (Watershed URMP) Sub-workgroup is established. Each of the Watershed Copermittees will have one participant as a member of the Watershed URMP Sub-workgroup. Each Watershed URMP Sub- workgroup will meet at least four times per year. At a minimum, each Watershed URMP Sub-workgroup's responsibilities will include but not be limited to: a) developing and implementing a Watershed URMP as required by the Permit, b) developing and implementing watershed activities and programs that are consistent with all minimum regional standards established through the Regional Watershed Urban Runoff Management Program (Watershed URMP) Workgroup and approved by the Management Committee, c) providing data, information, and other input to the Regional Watershed URMP Workgroup and other Copermittee Working Bodies V. Dispute Resolution Should a dispute arise among any of the parties regarding any matter related to the 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 shall submit the matter to mediation. 10-6 -- ----~---~_.._------,-- - December 11, 2007, Item~ Page 7 of7 VI. Life of Ae:reement The MOU will become effective and binding on all parties upon the date the last party executes the MOU. The life of the MOU will run with the life of the current Permit plus twelve months. Participation in the MOU may be withdrawn by any Copermittee for any reason only after the Copermittee complies with all of the conditions of withdrawal, including: a) notification at least 90 days prior to the intended withdrawal, b) payment of all expenses associated with the withdrawal, including obtaining an individual NPDES permit, c) settlement of accounts payable for any shared costs. DECISION MAKER COFLICT 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)(l) is not applicable to this decision, FISCAL IMPACT The MOU is an agreement among the Copermittees, which describes how regional and watershed costs will be distributed. The MOU by itself will not result in a fiscal impact to the City; however, significant additional expenditures by the City will be required to achieve compliance with the NPDES Permit. In addition to regional and watershed programs and costs, each of the parties to the MOU will have jurisdictional obligations under the Permit within their own jurisdictional boundaries. The MOU does not set precedent on the sharing of jurisdictional compliance costs. Each agency pays those compliance costs within its jurisdiction. The City of Chula Vista's regional, watershed, and jurisdictional costs for Permit compliance in Fiscal Year 2007-2008 have been included in the City's budget for Fiscal Year 2007-2008. Cost estimates for Permit compliance for the remaining life of the Permit were presented to the Council in an Agenda Statement on May 15,2007. ATTACHMENTS National Pollutant Discharge Elimination System, San Diego Regional Stormwater Copermittees, Memorandum of Understanding, 2007. Prepared by: Khosro Aminpour, Senior Civil Engineer, Department of Public Works H:\NPDESlAgenda\2007 MOV Approval.doc 10-7 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL ~{~\\~~~ Ann Moore City Attorney Dated:~~:i ro~~'C S 1.Do/ , National Pollutant Discharge Elimination System San Diego Regional Stormwater Copermittees Memorandum of Understanding November 16,2007 10-8 Attachment 1 National Pollutant Discharge Elimination System San Diego Regional Stormwater Co permittees MEMORANDUM OF UNDERSTANDING November 16, 2007 This Memorandum of Understanding (MOU), entered into by the County of San Diego (County), the San Diego Unified Port District (Port), the San Diego County Regional Airport Authority (Airport), and the incorporated cities of San Diego, Carls bad, 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 (Cities), collectively called Copermittees, establishes the shared program responsibilities of each party with respect to compliance with the National Pollutant Discharge Elimination System (NPDES) stormwater permit regulations administered by the United States Environmental Protection Agency (U.S. EPA) under the authority granted by the Federal Water Pollution Control 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 g1342p) to require the U.S. EPA to promulgate regulations for applications for permits for stormwater discharges; and WHEREAS, the U.S. EPA adopted fmal permit regulations on November 16,1990; and WHEREAS, these permit regulations require the control of pollutants from stormwater discharges by requiring an NPDES permit, which would allow the lawful discharge of stormwaters into waters of the United States; and WHEREAS, the County, the Port, the Airport, and the Cities desire to implement an integrated stormwater management program with the objective of improving surface water quality in the County of San Diego; and WHEREAS, the California 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 (Regional Board) for administration of the NPDES stormwater permit within the boundaries of its region; and WHEREAS, on, January 24, 2007, the Regional Board issued an NPDES permit as Order No. R9- 2007-000 I (Permit) governing waste discharge requirements for stormwater and urban runoff from the County, the Port, the Airport, and the Cities, naming these entities as Copermittees; and WHEREAS, said Permit requires that the Copermittees cooperate in the implementation of various Urban Runoff Management Plans and execute a Memorandum of Understanding; NOW, THEREFORE, the parties hereto do mutually agree as follows: San Diego Regional Stormwater Copermittees MOU - I - November 16, 2007 10-9 I. DEFINITIONS Chair means presiding over and providing leadership and direction to a Working Body. This includes serving as a point of contact to external entities such as Regional Board staff, stakeholders, and industry groups, soliciting group input on and developing meeting content, facilitating meetings, and coordinating with the Secretary or Working Body Support staff to fmalize work products for distribution to the Working Body. Chair responsibilities may also be divided between Co-Chairs. Contract Administration means developing, soliciting, awarding, and managing contracts. Direct Costs mean those costs directly related to the development of a work product, or to the performance of a particular function or service. Direct Costs may include the wages of Copermittee employees engaged in an activity and the cost of materials or supplies needed to support that activity. Depreciation, equipment, and office space are not considered Direct Costs. Fiscal Year starts on July I and ends on June 30 of the following year. General Programs are collaborative urban runoff management activities which are (1) mandated by or necessary to implement requirements of the Permit, (2) necessary to anticipate the requirements, or prepare for renewal, of the Permit, (3) required to comply with Regional Board Orders or other directives required of Co permittees as dischargers of urban runoff (e.g., 13267 Orders, Total Maximum Daily Loads, etc.), or (4) other urban runoff management activities conducted with the unanimous approval of Co permittees sharing the cost or responsibility. In-kind Contribution means a non-monetary contribution that can be used to satisfy an equivalent monetary obligation. Examples oOn-kind Contributions are equipment or services provided for use. Other General Programs are activities that apply to a subset of more than one and less than all Copermittees. Other General Programs do not include the activities of the Plarming Subcommittee or any Workgroup or Sub-workgroup ofthe Management Committee. Other General Programs also do not include Watershed URMP Sub-workgroups, but may apply to a subset of any Watershed URMP Sub-workgroup. PartiCipant means a Copermittee regularly attending meetings, participating in the development, review, and finalization of work products, and carrying out the responsibilities of the Working Body. Participants are a subset of Representatives. Participant implies a higher and more active level of involvement than general representation. Regional General Programs are activities that apply to all Copermittees. Representative means a Copermittee providing general representation to a Working Body. This includes serving as a Copermittee point of contact, and., as applicable, receiving, reviewing, and providing input on correspondence, meeting materials, and work products. Representatives are not required to attend meetings, but are expected to maintain a reasonable knowledge of, and involvement in, the activities of the Working Body. To the best of their ability each Copermittee Representative should have expertise and knowledge in the subject matter of each assigned Working Body. Secretary means a person who takes responsibility for the records, correspondence, minutes or notes of meetings, and related affairs ofa Working Body. This includes: maintaining group contact lists; San Diego Regional Stormwater Copermittees MOU - 2 _ November 16,2007 10-10 preparing and sending out meeting notifications and agendas; arranging for meeting rooms and equipment; taking, preparing, and fmalizing meeting minutes or notes; and, coordinating with the Chair or Working Body Support staff to organize and distribute work products to the Working Body. Simple Majority means at least one-half (50%) of applicable Copermittees, rounded up to the nearest integer, or plus one where the number of Copermittees is even. For the purposes of this MOU, a simple majority may never be less than three Copermittees. Special Formula means any cost share formula that differs from the Default Formula in the selection or weighting of individual factors or in the methodology used to calculate one or more of them. Three-fourths Majority means at least three-fourths (75%) of applicable Copermittees, rounded up to the nearest integer. For the purposes of this MOU, a Three-fourths Majority may never be less than three Copermittees. Two-thirds Majority means at least two-thirds (67%) of applicable Copermittees, rounded up to the nearest integer. For the purposes of this MOU, a Two-thirds Majority may never be less than three Copermittees. Urbanized Laud Area means the total of all SANDAG land uses within the geographic area, subject to the cost share, excepting therefrom, the following coded land uses: 1403 Military Barracks; 4102 Military Airports; 6700 Military Use; 6701 Military Use; 6702 Military Training; 6703 Military Weapons; 7209 Casinos; 7603 Open Space Reserves, Preserves; 7609 Undevelopable Natural Areas; 9200 Water; 9201 Bays, Lagoons; 9202 Inland Water; and 9300 Indian Reservations. Watershed Copermittee means any Copermittee that is a member of a Watershed Management Area as defined in Table 4 of the Permit. Watershed General Programs are activities that apply to the Copermittees comprising any individual Watershed URMP Sub-workgroup corresponding to a Watershed Management Area (WMA) defined in Table 4 of the Permit. Working Body means Committees, Subcommittees, Workgroups, Sub-workgroups, or any other group of Co permittees assembled to conduct work required by, for, or in furtherance of, compliance with the Permit (Figure A identifies the Working Bodies established in this MOU). Working Body Support means those tasks not within the assigned responsibilities of the Chair, Co- chair, or Secretary, or equitably divided amongst the Participants of the Working Body. This includes researching, drafting, modifYing, and fmalizing work products such as work plans, budgets, and meeting materials, and any other tasks associated with the responsibilities of the Working Body. II. RESPONSIBILITIES OF ALL COPERMITTEES The following apply to General Programs. A. Performance and Reimbursement of Tasks San Diego Regional Stormwater Copermittees MOU - 3 - November 16,2007 10-11 1. Any individual Copermittee performing tasks necessary to fulfill budgeted General Program responsibilities for a Working Body in which they are a Participant is entitled to reimbursement of the costs incurred in accordance with section II.B.l. 2. Any Copermittee performing contract administration tasks to fulfIll budgeted General Program responsibilities for a Working Body in which it is a Participant is entitled to reimbursement of contract management costs at a rate of 5% of the total contract cost or as shown by accounting records and as agreed on by the participating Copermittees. 3. Any Copermittee performing tasks other than contract administration, or serving as a Working Body Chair, Co-chair, or Secretary, is entitled to reimbursement of the Direct Costs of performing those services in accordance with section ILB.I. 4. A Copermittee shall not be obliged to conduct work, enter into any contract, continue with any work or contract, or incur any other cost on behalf of other Copermittees if each Copermittee has not contributed the funds that it is obliged to contribute toward the activity or program, or if the Copermittee has not received adequate assurances that such funds will be received before payments become due. The Copermittee shall have sole discretion to determine whether assurances that require funds will be timely received or adequate. 5. A member ofa Working Body providing Working Body Support may terminate those obligations for convenience if another party has been selected to the satisfaction of the other members of the Working Body, agrees to perform the obligations, and the applicable work plan and budget have been modified in accordance with the provisions of this MOU. B. Fiscal Responsibilities I. Division of Shared General Program Costs a. 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 cost, a Watershed General Program cost, or an Other General Program cost, and the Copermittees 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. The associated costs shall be divided among participating Copermittees as described below. (I) Default Formula. Shared costs shall be divided according to a Default Formula of 45% Urbanized Land Area, 45% Population, and 10% Equal Division unless a Special Formula is approved by the Copermittees to which the cost applies. (a) Population costs shall be divided among the Copermittees as follows: Whenever any geographic portion of the Port or Airportjurisdiction(s), respectively, lies(s) within the geographic area to which the shared program or activity is applicable, the Port or Airport, respectively, will each pay a fixed 0.5% of total Population costs. The remaining percentage of the population costs shall be divided among Copermittees by dividing the total population of each Copermittee by the combined total Copermittee population within the geographic area applicable to the shared program or activity. These percentages shall be calculated using the most recently available population data available from the San Diego Association of Governments (SANDAG), unless more recent data are available from an equivalent source such as the U.S. Census Bureau, and are determined to be acceptable by the Copermittees sharing the cost. San Diego Regional Stormwater Copermittees MOU - 4 _ November 16,2007 10-12 (b) Urbanized Land Area costs shall be divided among Copermittees by dividing the total Urbanized Land Area of each Copermittee by the combined total Urbanized Land Area of all participating Copermittees within the geographic area applicable to the shared program or activity. Urbanized Land Area shares shall be calculated using the most recently available San Diego Association of Governments (SANDAG) land use statistics. The Urbanized Land Area share for the Couoty 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 MOU or as formally amended by the CW A. (c) Ten Percent (10%) ofthe total cost to be shared shall be divided equally amongst all of the Copermittees. (d) Modification of the Default Formula requires the uoanimous approval of all Copermittees. (2) Soecial Formulas (a) Special Formulas may be applied to any shared General Program cost, and require the approval ofa Three-fourths Majority of the Copermittees participating in the cost. (b) Special Formula for Hydromodification Management Plan (HMP) development. The Copermittees have initially estimated the total cost of developing an HMP by a professional consultant 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. The remaining estimated costs for completing the HMP, based on the actual consultant contract award amount and associated administrative costs, will be included in the Regional Work Plan and Regional Shared Costs budget for the 2008-09 fiscal year. HMP costs shall be allocated according to the following formula: i. Ten percent (10%) ofthe cost shall be divided equally among all Copermittees. ii. 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: [I] The percentage of developable parcel share costs for which each Copermittee is responsible shall be calculated by dividing the Copermittee's total number of developable parcels by the combined total developable parcels of all participating Copermittees. Developable parcels shall be calculated as the number of parcels within each Copermittee's developable land area using the SANDAG 2007 Parcel Layer. Developable lands shall be determined using the SANDAG 2004 developable land layer. [2] The total developable land area for the Couoty shall include those urbanized lands in the uoincorporated portion of the San Diego Regional Stormwater Copermittees MOU - 5 - November 16, 2007 10-13 County that are west of the CW A service area boundary as it exists on the date ofthis MOU or as formally amended by the CW A. (3) In-kind Contributions. Subject to approval by the Copermittees participating in a particular shared General Program budget, a Copermittee may provide an in-kind contribution of equal value rather than a monetary contribution toward all or part of the cost ofan activity. 2. Annual Shared Cost Budgets and Work Plans a. No later than October 31" of each year, each Regional Working Body shall prepare and submit to the Planning Subcommittee a Work Plan and estimated Budget of costs and expenses for the upcoming Fiscal Year. These budgets shall describe major tasks, schedules, and projected costs, which Copermittees will provide Working Body Support, Contract Administration, in-kind contributions, and any other information applicable to regional general program costs. b. To ensure that each Copermittee governing body has sufficient time to consider fiscal impacts, the Planning Subcommittee shall prepare a consolidated draft Regional Work Plan and Regional Shared Costs Budget no later than December 31st of each year for the regional general programs. After consideration of comments and discussion, a final Regional Work Plan and Regional Shared Costs Budget shall be prepared, approved by the Management Committee, and distributed to the Copermittees no later than January 31" of each year. Modifications to any adopted Regional Shared Costs Budget or Regional Work Plan that will result in an overall increase in cost require the approval of the Regional Management Committee. c. No later than January 31" of each year, each Watershed Urban Runoff Management Plan Sub-workgroup, for which costs will be shared in the ensuing fiscal year, shall prepare, adopt, and distribute to the Watershed Copermittees a Watershed Work Plan and Watershed Shared Costs Budget. These budgets shall include a description of major tasks, schedules, and projected costs, and shall identify the Copermittees that will provide or contract services or incur other costs. Modifications to any adopted Watershed Shared Costs Budget or Watershed Work Plan that will result in an overall increase in cost require the approval of the applicable Watershed URMP Sub-workgroup. d. Each Copermittee shall submit for approval by its governing body a budget request as necessary to fund its assigned share of any approved Work Plan and Budget for the ensuing fiscal year. The submission shall reference and provide information on the approved Budget, and shall inform the Copermittee's governing body that if the requested funds are not provided the Copermittee will be excluded from further participation and may be in violation ofthe Permit. 3. Management and Payment of Funds a. For Regional General Programs, the Copermittees shall each pay a yearly assessment into a Regional General Program operations fund for their assigned portion of any Regional Shared Costs Budget approved pursuant to this MOU. The Regional General Program operations fund shall be managed by the Regional Principal Permittee, or any other Permittee on approval of the Copermittees. San Diego Regional Stormwater Copermittees MOU - 6 _ November 16,2007 10-14 b. For Watershed General Programs, the Watershed Copermittees for each WMA shall each pay a yearly assessment into a Watershed General Program operations fund for their assigned portion of any Watershed Shared Costs Budget approved pursuant to this MOD. Each Watershed General Program operations fund shall be managed by the Watershed Lead Permittee, or any other Watershed Permittee on approval of the Watershed Copermittees. c. The Copermittee managing each General Program operations fund shall provide Budget Balance and Expenditure Status Reports quarterly and following the end of each fiscal year. This shall include a detailed accounting of all costs and expenses in accordance with the adopted Work Plan and Shared Costs Budget, including those incurred by Copermittees providing Working Body Support, contracting services, in-kind services, or other applicable costs. d. Each Copermittee shall pay invoices within 60 days of receipt from the Copermittee managing the applicable General Program operations fund. e. Funds collected and not expended in any fiscal year shall be credited to the Copermittees' share of the next fiscal year's costs in accordance with the Copermittees' defined shared costs. f. Copermittees providing Working Body Support, Contract Administration, in-kind services, or incurring other budgeted costs on behalf of other Copermittees shall provide documentation of those expenses as requested by the Copermittee managing the applicable General Program operations fund. They shall only receive credit for those expenses if a detailed accounting of all costs and expenses meeting the minimum standards agreed upon by the Copermittees has been provided. g. Differences in the approved actual cost of expenses from those budgeted shall be either credited or added as appropriate to the amount of the Copermittee's share. III. REGIONAL GENERAL PROGRAMS In addition to the requirements of section II, the following apply to Regional General Programs. A. Regional Principal Permittee I. The County is hereby designated Regional Principal Permittee (Principal Permittee). a. A change in the assignment or responsibilities of the Principal Permittee requires the unanimous approval of all Copermittees. b. In addition to the responsibilities of all Copermittees described in Section II, the Principal Permittee shall provide general coordination for the development and implementation of Regional General Programs, including the following tasks and responsibilities: (1) Establish, chair, and provide overall coordination and leadership of the Regional Stormwater Management Committee (Management Committee) and the Regional Program Planning Subcommittee (Planning Subcommittee). (2) Submit to the Regional Board the formal agreement between the Copermittees that provides a management structure for meeting the requirements of the Permit. (3) Collect and assemble individual and joint program reports and plans, and submit them to the Regional Board as required by the Permit. San Diego Regional Stormwater Copermittees MOD - 7 - November 16,2007 10-15 (4) Maintain a current contact list of Co permittees and interested parties. (5) Maintain knowledge of and advise the Copermittees 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. (6) Formally advise appropriate state and federal agencies of termination or amendment of this MOO. B. Regional Stonnwater Management Committee 1. The purpose of the Management Committee is to provide a public forum for the development, approval, and coordination of urban runoff management programs, and for the exploration of issues of regional significance. 2. The Management Committee shall consist of one Participant representing each Copermittee. Each Copermittee shall have one vote. 3. The Management Committee shall meet at least four times per year. 4. At a minimum, the Management Committee shall have the following responsibilities: a. Address common issues, promote consistency arnongjurisdictional and watershed programs, and plan and coordinate activities required under the Permit; b. Develop, implement, and arrange for implementation of Regional General Programs; c. Provide a general forum for informing and receiving input from stakeholders and interested parties; d. Provide a forum for public participation in the development and implementation of regional urban runoff management programs and activities; e. Establish or modifY Working Bodies to review specific issues, make recommendations, or conduct work in support of shared regional priorities or objectives; f. Adopt by-laws for the conduct of all Working Body meetings; g. Formally approve the recommendations, work products, and deliverables of Working Bodies presented for consideration; h. Adopt an Annual Regional Shared Costs Budget; i. Approve an Annual Regional Work Plan; and J. Approve quarterly and year-end Budget Balance and Expenditure Status Reports. 5. The Management Committee shall be chaired by the Principal Permittee, or may alternatively be chaired or co-chaired by any other Copermittee upon approval of the Management Committee. 6. For a meeting or a vote to be held, a quorum of a Two-thirds Majority of voting representatives of the Management Committee must be present. 7. Management Committee voting shall not be conducted outside of meetings (e.g., by email). 8. For a motion to be approved, an affirmative vote of a Simple Majority of the Management Committee is needed. 9. To approve any shared cost, or any cost-sharing formula or methodology applicable to a shared cost, (1) the affirmative votes must represent greater than fifty percent (50%) of the cost being shared, and (2) any Copermittee that is responsible for 25% or more of the total proposed cost must be present. . San Diego Regional Stormwater Copermittees MOD - 8 _ November 16,2007 10-16 10. Meetings of the Management Committee, including any closed sessions with legal counsel, shall be conducted in accordance with the "Brown Act" (Government Code Section 54950 et seq.). 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 Copermittees) to be subject to the Brown Act, where the Brown Act would not otherwise apply. C. Regional Program Planning Subcommittee 1. The purpose of the Planning Subcommittee shall be to provide regional coordination of urban runoff management activities, to develop and implement Regional General Programs, and to direct and coordinate the activities of Regional, Watershed, or Other General Programs. 2. Unless a different minimum meeting frequency is established through the unanimous approval of all Copermittees, the Planning Subcommittee shall meet at least six times per year. 3. At a minimum, the Planning Subcommittee shall have the following responsibilities: a. Serve as an intermediary between the Management Committee and other Copermittee Working Bodies; b. Plan and coordinate Management Committee meetings; c. Report the activities of the Management Committee to the County and City Managers Association or equivalent; d. Prepare and recommend by-laws for Management Committee approval for the conduct of all Working Body meetings; e. Schedule, coordinate, and track the progress of Working Bodies in the completion of their assigned responsibilities; f. Establish and maintain a calendar of Copermittee meetings and events; g. Direct and assign work products and information requests between Working Bodies; h. Conduct regional program planning including developing an Annual Regional Work Plan and Regional Shared Costs Budget for Management Committee consideration and approval; i. Review and recommend Management Committee approval of work products, recommendations, and requests of Working Bodies for consideration and approval; j. Annually receive, review, comment on, and consolidate the recommended Work Plan and Shared Costs Budget of each regional Working Body; k. Annually prepare and present for Management Committee approval a fmal recommended Regional Work Plan and Regional Shared Costs budget; 1. Monitor and recommend Management Committee approval of budget expenditures of Working Bodies in accordance with the adopted Regional Work Plan and Regional Shared Costs budget; m. Provide a Representative to each Regional Workgroup; n. Regularly coordinate and liaise with Regional Board staff, stakeholders, regulated parties, and other interested parties to identifY and explore key regional issues and concerns. o. Provide Representation to the following California Stormwater Quality Association (CASQA) Working Bodies or their equivalent; Executive Program Committee, Board of Directors (if elected), Stormwater Policy and Permitting and Legislation; Phase II Programs; San Diego Regional Stormwater Copermittees MOU - 9 - November 16, 2007 10-17 p. Provide representation or participation for other professional organizations and societies as appropriate and feasible; q. Provide regular updates to Copermittees and interested parties via Management Committee meetings or other appropriate means (e-mail, etc.); and r. Provide subject area input as needed for the development, implementation, review, and revision of General Programs, and the development of associated reports and work products. 4. The Planning Subcommittee may not alter the responsibilities of, or impose new fiscal obligations on, any Copermittee or Working Body, except as approved by the Management Committee. 5. Each Watershed Lead Permittee shall provide one Participant to the Planning Subcommittee. Subject to approval of the applicable WURMP Sub-workgroup, a Copermittee other than the Watershed Lead Permittee may also serve as the Planning Subcommittee representative for a WMA. Upon approval of the Management Committee, up to two additional representatives may be appointed to the Planning Subcommittee in any year, so long as the total number of representatives does not exceed ten. The Management Committee shall determine the length of these additional appointments, but they shall be at least one year. 6. The Planning Subcommittee shall be chaired by the Principal Permittee, or may alternatively be chaired or co-chaired by any other Copermittee upon approval of the Management Committee. 7. Voting Requirements for the Planning Subcommittee: a. The Planning Subcommittee shall only make advisory recommendations for Management Committee approval. b. The Planning Subcommittee may use any voting methodology it deems appropriate to develop advisory recommendations or conduct other business, and, shall present minority or dissenting recommendations for consideration by the Management Committee as applicable. c. Except as prohibited by law, the Planning Subcommittee may conduct votes outside of meetings (e.g., bye-mail) as appropriate. D. General Responsibilities of Regional Workgroups and Sub-Workgroups 1. The purpose of Regional Workgroups and Sub-workgroups is to provide regional coordination of urban runoff management activities within assigned subject areas, to develop and implement recommended Regional General Programs, and to provide coordination of activities with stakeholders and interested parties. Regional Workgroups are advisory to the Management Committee through the Planning Subcommittee. Regional Sub-workgroups are advisory to the Regional Workgroups to which they are subordinate. 2. Unless a different minimum meeting frequency is established through the unanimous approval of all Copermittees, each Regional Workgroup and Sub-workgroup shall meet at least four times per year. 3. At a minimum, each Regional Workgroup and Sub-workgroup shall have the following responsibilities within its assigned subject area: a. Nominate for Management Committee approval a Chair or Co-chairs, and a Secretary from among its participants; b. Facilitate consistency in the development, implementation, review, and revision of General Programs, and the development of associated reports and work products; San Diego Regional Stormwater Copermittees MOU - 10 _ November 16, 2007 10-18 c. Develop, annually review, and update as necessary subject-specific standards for reporting, assessment, and data and information management; d. Develop and implement Regional General Programs as appropriate and feasible; e. Provide subject area input to other Working Bodies as requested by the Planning Subcommittee; and f. Regularly coordinate and liaise with Regional Board staff, stakeholders, regulated parties, and other interested parties to identify and explore key regional issues and concerns. 4. Regional Workgroups shall also have the following responsibilities: a. By October 31" of each year, prepare and submit to the Planning Subcommittee a recommended Work Plan for the activities of the Workgroup and its Sub- workgroups in the ensuing fiscal year. This shall include a description of major tasks, deliverables, and projected schedules, and the assignment and/or division of responsibilities for task completion. b. By October 31" of each year, prepare and submit to the Planning Subcommittee a recommended Work Plan and Shared Costs Budget for the ensuing fiscal year. c. Twice per year, provide Written Status Reports to the Planning Subcommittee describing (1) activities and accomplishments for the previous period, (2) success in completing scheduled tasks, and (3) key issues, activities, and tasks to be addressed in the next period. Written Status Reports shall be submitted as directed by the Planning Subcommittee. d. Provide Workgroup updates at Management Committee meetings. 5. Voting Requirements for Regional Workgroups and Sub-workgroups a. Regional Workgroups shall make consensus recommendations to the Planning Subcommittee, who shall in turn make recommendations for formal votes to the Management Committee. b. Regional Sub-workgroups shall make consensus recommendations to the Regional Workgroup to which they are subordinate. c. Regional Workgroups and Regional Sub-workgroups may use any voting methodology they deem appropriate to develop consensus, and, as applicable, shall present minority or dissenting recommendations for consideration. d. Regional Workgroups and Sub-workgroups may conduct votes outside of meetings (e.g., by email) as appropriate. 6. Copermittee Representation and Participation on Regional Workgroups and Regional Sub- workgroups: a. Each Copermittee shall provide at least one Representative to each Regional Workgroup or Regional Sub-workgroup. b. Each of the Copermittees represented on the Planning Subcommittee shall serve as a Participant on at least one Regional Workgroup or Regional Sub-workgroup each year. Assigrunents shall be coordinated through the Planning Subcommittee to ensure adequate participation in each Regional Workgroup and Regional Sub- workgroup. San Diego Regional Stormwater Copermittees MOD - 11 - November 16, 2007 10-19 c. Each of the Copermittees that is not a Participant on the Planning Subcommittee in a given year shall serve as a Participant on at least two Regional Workgroups or Regional Sub-workgroups during that year. d. Each Copermittee shall serve as a Regional Workgroup or Sub-workgroup Chair, Co-chair, or Secretary each year. The responsibilities of Chairs, Co-chairs, and Secretaries are not reimbursable. Subject to Management Committee approval, Copermittees may voluntarily serve the required assignments of other Copermittees so long as the minimum number of required assigrunents is filled in each year. E. Responsibilities Specific to Individual Regional Workgroups and Sub-Workgroups In addition to the general responsibilities described in section III.D, the following apply to individual Workgroups and Sub-workgroups. Regional Workgroups and Sub-workgroups may be added, deleted, or modified through the unanimous approval of the Management Committee. I. Fiscal, Reporting, and Assessment Workgroup The purpose of the Fiscal, Reporting, and Assessment Workgroup is to provide regional standards and consistency in the implementation, assessment, and reporting of Copermittee urban runoff management activities and programs. At a minimum the Fiscal, Reporting, and Assessment Workgroup shall have the following responsibilities: a. Develop, annually review, and update as necessary regional reporting, assessment, and program data and information management standards; b. Develop regional fiscal analysis standards and metrics by December 31, 2008; c. Develop, annually review, and update as necessary standards for tracking and reporting expenditures; d. Receive and consolidate data for budget preparation and monitoring; e. Develop the Copermittees' Regional URMP (RURMP); f. Develop the Copermittees' RURMP Annual Reports; g. Develop the Copermittees' Long-Term Effectiveness Assessment (L TEA); h. Develop the Copermittees' Report of Waste Discharge (ROWD); and i. Provide representation on the CASQA Effectiveness Assessment Subcommittee or equivalent. 2. Education and Residential Sources Workgroup The purpose of the Education and Residential Sources Workgroup is to provide regional standards and consistency in the development, implementation, assessment, and reporting of Copermittee educational and residential source management activities and programs. At a minimum, this shall include the following responsibilities: a. Develop, annually review, and update as necessary recommended regional standards and approaches for conducting educational activities; b. Develop and coordinate the implementation of the Copermittees' Regional Residential Education Plan; San Diego Regional Stormwater Copermittees MOU - 12 _ November 16,2007 10-20 c. Develop, annually review, and update as necessary regional reporting, assessment, program data and information management standards for Copermittee educational activities and programs; d. Review and comment on the educational content of work products developed by other Working Bodies; e. Liaise with and assist the Regional WURMP, Land Development, Industrial and Commercial, and Municipal Workgroups in developing training and outreach strategies, materials, and activities; f. Provide a Representative to the CASQA PIPP, Website, and Workshops subcommittees or their equivalent; g. As applicable, facilitate the centralized management of educational program data and information; h. Develop, annually review, and update as necessary regional standards and approaches for the management of residential sources to address at a minimum: (J) Priority Sources and Inventories, (2) BMP Requirements and Recommendations, and (3) Program Implementation Approaches (including education); i. Develop, annually review, and update as necessary recommended regional reporting, assessment, program data and information management standards for residential urban runoff management activities and programs; j. As applicable, facilitate the centralized management of regional residential program data and information (sources, BMP inventories, etc.); and k. Coordinate with the Regional WURMP workgroup to assist in the development of residential content for watershed program strategies. 3. Regional Monitoring Workgroup and Sub-workgroups The purpose of the Regional Monitoring Workgroup and its Sub-workgroups is to provide regional standards and consistency in the development, implementation, assessment, and reporting of receiving waters and urban runoff monitoring activities and programs. At a minimum, the following responsibilities shall apply to the Regional Monitoring Workgroup, or may be delegated to its Dry Weather and Coastal Monitoring Sub-workgroups as appropriate: a. Develop, annually review, and update as necessary recommended regional standards and approaches for conducting monitoring activities; b. Develop and coordinate the implementation of the Copermittees' Regional Receiving Waters Monitoring Program or other specific monitoring program elements; c. Develop and update as necessary reporting, assessment, program data and information management standards for Copermittee monitoring activities and programs; d. Develop, review, and recommend approval of work plans, monitoring reports, and other required work products; San Diego Regional Stormwater Copermittees MOD - 13 - November 16,2007 10-21 e. Provide a Representative to the CASQA Storm water Monitoring and Science subcommittee or its equivalent; f. Regularly coordinate and liaise with Regional Board staff, stakeholders, regulated parties, and other interested parties to identifY and explore key monitoring issues; and g. As applicable, facilitate the centralized management of water quality monitoring data. 4. Regional Watershed URMP Workgroup The purpose of the Regional Watershed URMP Workgroup is to provide regional standards and consistency in the development, implementation, assessment, and reporting of Copermittee watershed management activities and programs. At a minimum, this shall include the following responsibilities: a. Coordinate Watershed URMP administration and reporting; b. Develop, annually review, and update as necessary recommended regional standards and approaches for conducting watershed urban runoff management activities and programs; c. Develop, annually review, and update as necessary regional reporting, assessment, program data and information management standards for watershed urban runoff management activities and programs; d. As applicable, coordinate the implementation of regionally applied watershed urban runoff management activities and programs; e. As applicable, facilitate the centralized management of watershed program data and information; f. Coordinate as necessary with other Copermittee Working Bodies to assist in the development of watershed-related program content; g. Provide a Representative to the CASQA Watershed Management and Impaired Waters subcommittee or equivalent; and h. As appropriate, facilitate Total Maximum Daily Load development, implementation, and reporting. 5. Land Development Workgroup The purpose of the Land Development Workgroup is to provide regional standards and consistency in the development, implementation, assessment, and reporting of urban runoff activities and programs related to the construction and post-construction phases of the land development process. At a minimum, this shall include the following responsibilities: a. Develop, annually review, and update as necessary recommended regional standards and approaches for the management of construction and post~construction sources to address at a minimum: (1) Priority Sources and Inventories, (2) BMP Requirements and Recommendations, and (3) Program Implementation Approaches; San Diego Regional Stormwater Copermittees MOU _ 14 _ November 16,2007 10-22 b. Develop the Copermittees' Hydromodification Management Plan (HMP); c. Update the Model Standard Urban Stormwater Mitigation Plan (SUSMP) in accordance with Permit requirements; d. Develop, annually review, and update as necessary regional reporting, assessment, program data and information management standards for construction and post- construction sources; e. As applicable, coordinate the implementation of regional urban runoff management programs and activities for construction and post-construction sources; f. As applicable, facilitate the centralized management of construction and post- construction program data and information; and g. Provide a Representative to the CASQA Construction Workgroup or its equivalent. 6. Municipal Activities Workgroup The purpose of the Municipal Activities Workgroup is to provide regional standards and consistency in the development, implementation, assessment, and reporting of urban runoff activities and programs related to municipal activities and sources. At a minimum, this shall include the following responsibilities: a. Develop, annually review, and update as necessary recommended regional standards and approaches for the management of municipal sources to address at a minimum: (I) Priority Sources and Inventories, (2) BMP Requirements and Recommendations, and (3) Program Implementation Approaches; b. Develop, annually review, and update as necessary regional reporting, assessment, program data and information management standards for municipal sources; c. As applicable, coordinate the implementation of regional urban runoff management activities and programs for municipal sources; d. As applicable, facilitate the centralized management of municipal program data and information. 7. Industrial and Commercial Sources Workgroup The purpose of the Industrial and Commercial Sources Workgroup is to provide regional standards and consistency in the development, implementation, assessment, and reporting of urban runoff activities and programs related to industrial and commercial activities and sources. At a minimum, this shall include the following responsibilities: a. Develop, annually review, and update as necessary recommended regional standards and approaches for the management of industrial and commercial sources to address at a minimum: (I) Priority Sources and Inventories, (2) BMP Requirements and Recommendations, and San Diego Regional Stormwater Copermittees MOU - 15 - November 16,2007 10-23 (3) Program Implementation Approaches; b. As applicable, coordinate the implementation of regional urban runoff management activities and programs for industrial and commercial sources; c. Develop, annually review, and update as necessary regional reporting, assessment, program data and information management standards for industrial and commercial sources; and d. As applicable, facilitate the centralized management of industrial and commercial program data and information. IV. WATERSHED GENERAL PROGRAMS The following apply to Watershed General Programs. A. Watershed Lead Permittees I. The following Copermittees are hereby designated as Watershed Lead Permittees for the Watershed Management Areas listed: a. Santa Margarita WMA: County of San Diego b. San Luis Rey River WMA: City of Oceanside c. Carlsbad WMA: City of Carls bad d. San Dieguito River WMA: City of Escondido e. Penasquitos WMA: City of Po way f. Mission Bay WMA: City of San Diego g. San Diego River WMA: City ofEI Cajon h. San Diego Bay WMA: Port of San Diego 1. Tijuana WMA: County of San Diego 2. Changes in the assignment or responsibilities of Watershed Lead Permittees require unanimous approval of the applicable Watershed Permittees. 3. In addition to the responsibilities of all Copermittees described in Section II, each Watersbed Lead Permittee shall provide general program coordination for Watershed General Programs applicable to their respective WMA, including the following tasks and responsibilities: a. Establish, chair, and provide overall coordination and leadership of its respective WURMP Sub-workgroup; b. Collect and assemble the individual and joint program reports, plans, and submit them to the Regional Principal Permittee or the Regional Board as required in the Permit; and c. Maintain knowledge of and advise the Watershed Copermittees regarding current and proposed watershed-related 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. San Diego Regional Stormwater Copermittees MOU _ 16- November 16,2007 10-24 B. Watershed URMP Suh-workgroups 1. For each WMA listed in section IV.A.I, a Watershed URMP Sub-workgroup is hereby established. 2. Copermittee Participation in Watershed URMP Sub-workgroups a. Each of the Watershed Copermittees shall have one Participant as a member of the Watershed URMP Sub-workgroup; and b. The Chair of the Watershed URMP Sub-workgroup shall be the Watershed Lead Permittee, or any other Copermittee on approval of the group. 3. Unless a different minimum meeting frequency is established through the unanimous approval of all Copermittees, each Watershed URMP Sub-workgroup shall meet at least four times per year. 4. At a minimum, each Watershed URMP Sub-workgroup shall have the following responsibilities: a. Develop and implement a Watershed URMP as required by the Permit; b. Develop and implement watershed activities and programs that are consistent with all minimum regional standards established through the Regional WURMP Workgroup and approved by the Management Committee; c. Provide data, information, and other input to the Regional WURMP Workgroup and other Copermittee Working Bodies as requested; d. Coordinate the development, implementation, and reporting ofTMDL activities and programs within the WMA; and e. Adopt an annual Watershed Work Plan and Watershed Shared Costs Budget in accordance with section Il.B.2.c. 5. Voting Requirements for Watershed URMP Sub-workgroups a. The voting membership of each Watershed URMP Sub-workgroup shall consist of one designated voting representative for each Watershed Copermittee; b. For a vote to be held, a quorum representing a Three-fourths Majority of the voting representatives of the Watershed URMP Sub-workgroup must be present; c. For a vote to pass, an affmnative vote of at least a Simple Majority of voting members of the Watershed URMP Sub-workgroup is needed; d. The affirmative votes must represent greater than fifty percent (50%) of any cost being shared; e. Any Copermittee that is responsible for 25% or more ofthe total proposed cost must be present for a vote to be approved; and f. Watershed URMP Sub-workgroup voting on matters related to approving shared costs, designating watershed leads, or approving Special Formulas shall not be conducted outside of meetings (e.g., bye-mail). V. OTHER GENERAL PROGRAMS San Diego Regional Stormwater Copermittees MOU - 17 - November 16,2007 10-25 The following apply to Other General Programs. I. For convenience, the Management Committee or any applicable Watershed Sub-workgroup may provide a forum for deliberating and voting on issues and costs applicable to a subset of its membership, and for which a separate Working Body has not been established. 2. For a vote to be held, a Two-thirds Majority of the Copermittees participating in or subject to the activity or cost must be present, and voting shall be limited to those Copermittees. 3. For a vote to be approved: a. An affirmative vote ofa Simple Majority of the Copermittees participating in or subject to the activity or cost is needed; b. The affirmative votes must represent greater than fifty percent (50%) of any cost being shared; and c. Any Copermittee that is responsible for 25% or more of the tota! proposed cost must be present. VI. DISPUTE RESOLUTION 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 shall submit the matter to mediation. 1. Mandatory Non-binding Mediation. If a dispute arises out of, or relates to this MOU, or the breach thereof, and if the dispute cannot be settled through normal contract negotiations, the Parties agree to settle the dispute in an amicable manner, using mandatory mediation under the Mediation Rules of the American Arbitration Association [AAA] or any other neutral organization agreed upon before having recourse in a court oflaw. The cost of mediation shall be borne by the parties equally. 2. Selection of Mediator. A single Mediator that is acceptable to both Parties shall be used to mediate the dispute. The Mediator may be selected from lists furnished by the AAA or any other agreed upon Mediator. To initiate mediation, the initiating Party shall serve a Request for Mediation on the opposing Party. 3. Conduct of Mediation Sessions. Mediation hearings will be conducted in an informal manner and discovery will not be allowed. All discussions, statements, or admissions will be confidential to the Party's legal position. The Parties may agree to exchange any information they deem necessary. a. Both Parties must have an authorized representative attend the mediation. Each representative must have the authority to recommend entering into a settlement. Either Party may have attorney(s) or expert(s) present. Upon reasonable demand, either Party may request and receive a list of witnesses and notification whether attorney( s) will be present. b. Any agreements resulting from mediation shall be documented in writing. All mediation results and documentation, by themselves, shall be "non-binding" and inadmissible for any purpose in any legal proceeding, unless such admission is San Diego Regional Stormwater Copermittees MOU - 18 _ November 16, 2007 10-26 otherwise agreed upon, in writing, by both Parties. Mediators shall not be subject to any subpoena or liability and their actions shall not be subject to discovery. VII. GENERAL PROVISIONS A. Term of Agreement I. This MOD shall become effective on the date the last party executes the MOD. 2. The life of the MOD shall run with the life of the current Permit plus twelve months. For purposes of this paragraph, any permit renewal or replacement after January 2012 shall be considered a new permit; any earlier amendment of the Permit increasing the obligations of the Regional Principal Permittee or a Watershed Lead Permittee may at that Copermittee's sole option, be declared to be a new permit; and the Management Committee shall determine whether any other earlier amendment to the Permit is of such significance as to effectively be a new Permit. B. Withdrawal of Copermittee 1. Participation in this MOD 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 deleted as a Copermittee to the Permit prior to or on the withdrawal date. 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 MOD up to the time that each of the conditions in Section VII.B.!. has been met. 4. Any monies paid by withdrawing Copermittee in excess of the amount due under the terms of the MOD shall be refunded to the Copermittee at the time the withdrawal becomes final as set forth in Section VILB. I .a. 5. The withdrawing Copermittee shall not be entitled to participate in the division ofproceeds in any reserve fund account when the MOD is dissolved. C. Non-Compliance with MOU Requirements Any participant to this MOD found to be in non-compliance with the conditions of this MOD shall be solely liable for any lawfully assessed penalties resulting from such non-compliance. Failure to comply with MOD conditions within specified or agreed upon timelines shall constitute non- compliance with the MOD. D. Amendments to the Memorandum of Understanding This MOD 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. San Diego Regional Stormwater Copermittees MOD - 19 - November 16,2007 10-27 E. Governing Law This MOD 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 MOD are for convenience only and do not in any way limit or amplifY the terms or provisions of the MOD. 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 I. Each Copermittee shall have the sole responsibility to comply with the Permit. 2. Each Copermittee shall pay all fines, penalties, and costs which may arise out of such Copermittees's non-compliance with the Permit. 3. By entering into this MOD, no Copermittee assumes liability for claims or actions arising out of the performance of any work or actions or omissions, by any other Copermittee, its agents, officers, and employees under this MOD. 4. By entering into this MOD, each Copermittee agrees to defend itseiffrom any claim, action or proceeding arising out of the acts or omissions of itself and retain its own legal counsel, and bear its own defense costs. H. Application of Prior Agreements This MOD constitutes the entire Agreement between the parties with respect to the subject matter; all prior agreements, representations, statements, negotiations, and undertakings are superseded hereby. I. Execution of Agreement This MOD may be executed in counterpart and the signed counterparts shall constitute a single instrument. San Diego Regional Stormwater Copermittees MOD - 20 _ November 16, 2007 10-28 SrftUltTcvf& /Ilf~ /o-.;2? iJ,t,fl a a.ll~:>~ll. ~;'g~~~,a ~'88ae'!.:! G....... ... .... e1. .. l: i ~ tl e~ ~ ti~~H ~ E! ~.t::L:5:l!oi ~ ........~ll&'S'S':5 .. ;~.!;'~,l:'l:'J!, = oOouOOv )1 'il ....... .. .:i .. .. l>\ o ~ fJ?p!) 1l,~t~~'S 11l:'!l'!l'!l'~!l' SOVUt",lVU ........ ~ ...h li'.au. f ~aa~ ~ ~!!i5' ~ , ..... "" " '" '" .. 'li ~ t . ~. s ~ f~ J if ... B - o'a lfli , (r.I UUlU. . . . . . -~.,. --- I U j "'.. - :3; ~~J~ j ~ "'. &i j !i ~ IS "" .. ! 0 '" .. ... ~ 3 Jl ~ I 1f .!i " L- ~ J ~ 0 '" ::t : -~ ~i ~- L~~ ... ~ Llj .. .. . . ~ :.! .. I~ ~ l>: ... e It H . : ~itiH i. '~ all d;!i;!J ~u ::iVlo:t> .. .. - i II .. " "" .. '" .. .. " 11 ;;:; II ~ .. . ~ i&' .. "" ..... ;;h: 1 s ! ;;;~J.!l! Pl hSu . .. . . . 10-.30 ~li'll t- o o N v:i iJ .0 a " > o Z ~ " ~ al "" c ~ o ~ "0 " .c ~ iJ '" ~ "0 " '" ;; c o '0;, ~ " " '" '8 M " 0. o U ..: " ~ ii: N ;:> o ~ ~ " " '" .~ 0. o U M " ~ B en ;; .. o '0;, " p:: 5'" " i5 ; en RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING (MOU) AMONG THE COPERMITTEES OF SAN DIEGO COUNTY, AS POLLUTANT DISCHARGE ELIMINATION SYSTEM MUNICIPAL PERMIT, ORDER NO. R9-2007-0001, AND AUTHORIZING THE MAYOR TO SIGN THE MOU ON BEHALF OF THE CITY WHEREAS, the United States Environmental Protection Agency (USEPA) proposed regulations (published December 8, 1988 in the Federal Register) for the issuance of National Pollutant Discharge Elimination System (NPDES) Municipal Permits (Permits) to regulate storm water discharges into the waters of the United States; and WHEREAS, the USEP A regulations require NPDES permits for discharges from municipal storm drains on a system-wide or jurisdiction-wide basis; and WHEREAS, pursuant to the Federal Clean Water Act and the California Porter-Cologne Water Quality Act, the Regional Board issued permits to the San Diego County Copermittees in 1990,1999 (Tentative Order), and 2001; and WHEREAS, the San Diego Permit is system-wide, covering all jurisdictions of San Diego County; and WHEREAS, the Permit requires all parties (named as Copermittees) - the County of San Diego, the San Diego Unified Port District, the San Diego County Regional Airport Authority, and the incorporated Cities of San Diego County - to collaborate in the development and implementation of regional and watershed urban runoff management plans, including the execution of an agreement; and, WHEREAS, since 1990, when the Regional Water Quality Control Board (Regional Board) fust adopted the NPDES Municipal Permit for San Diego County, the City of Chula Vista has been cooperating with other Copermittees in the implementation of regional programs; and WHEREAS, this cooperation has necessitated entering into several agreements (or MOUs) throughout the years for shared program responsibilities and costs; and WHEREAS, the MOUs are modified approximately every five years, concurrent with the re- issuance of the NPDES Municipal Permit, to address specific permit requirements, and to define associated Copermittees' shared regional responsibilities and financial obligations; and WHEREAS, the proposed MOU will be entered into by the County of San Diego, the San Diego Unified Port District, the San Diego County Regional Airport Authority, and all of the incorporated cities of San Diego County (all Copermittees of the Permit, Order No. R9-2007 -0001 [Permit]); and J:\AtlOmeyIRESQIMOU\MOU wilh COpennitCClllll NPDES_12~11.07.doc 10-,6# Resolution No. 2007- Page 2 WHEREAS, the MOU establishes the shared program responsibilities of each party with respect to compliance with the Permit regulations, which are administered by the Regional Board; and WHEREAS, on January 24,2007, the Regional Board adopted a new Permit, Order No. R9-2007-0001, which supersedes the 2001 NPDES permit. NOW, THEREFORE, BE IT RESOLVED the City Council of the City ofChula Vista does hereby approve the Memorandum of Understanding (MOD) among the Copermittees of San Diego County, as Pollutant Discharge Elimination System Municipal Permit, Order No. R9-2007-0001 BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute said MOU for and on behalf of the City of Chula Vista. Presented by: Approved as to form by: i\.~~~~~~~ Ann Moore City Attorney Dave Byers Director of Public Works Operations l:\Anomey\RESOIMOU\MOU with Copennitees re NPDES_12-11.07.doc 10-32.