HomeMy WebLinkAbout2010/03/23 Item 6
CITY COUNCIL
AGENDA STATEMENT
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
3/23/10, Item~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE
MEMORANDUM OF UNDERSTANDING (MOU) DATED
NOVEMBER 16, 2007, AMONG THE COPERMITTEES OF SAN
DIEGO COUNTY NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM MUNICIPAL PERMIT, ORDER NO. R9-
2007-0001, AND AUTHORIZIN~TH. MAYOR TO SIGN THE
FIRST AMENDMENT ON BEHALF F THE CITY
DIRECTOR OF PUB"tI WORK
CITY MANAGER
ASSISTANT CITY ANAGER ~ '!
4/5THS VOTE: YES D NO [2J
SUMMARY
The National Pollutant Discharge Elimination System (NPDES) Municipal Permit, Order No.
R9-2007-000l (Municipal Permit) requires the Copermittees of San Diego County to cooperate
in the implementation ofregional programs. The Copermittees of San Diego County include the
eighteen cities of San Diego County, the San Diego Unified Port District, the San Diego County
Regional Airport Authority, and the County of San Diego. This cooperation necessitates a
Memorandum of Understanding (MOU) among the Copermittees to address specific regional
permit requirements, and to define associated Copermittees' shared regional responsibilities and
financial obligations.
On December II, 2007, the City Council of the City of Chula Vista adopted Resolution No.
2007-293, which approved the current MOU dated November 16, 2007 (Attachment A), and
authorized the Mayor to execute the MOU on behalf ofthe City of Chula Vista.
It has become necessary to amend the MOU to add a fiscal mechanism, which allows
reimbursement to Copermittees for any payments that they make toward approved regional
program elements.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for compliance with
the California Environmental Quality Act (CEQA) and has determined that the activity is not a
"Project" as defined under Section 15378 of the State CEQA Guidelines because the activity
consists of the creation of a fiscal mechanism which does not involve any commitment to any
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specific project which may result in a potentially significant physical impact on the environment.
Therefore, pursuant to Section l5060(c)(3) of the State CEQA Guidelines the activity is not
subject to CEQA. Thus, no environmental review is necessary.
RECOMMENDATION
Council adopt the resolution.
BOARDS/COMMISION RECOMMENDATION
Not applicable.
DISCUSSION
The Municipal Pennit requires the Copennittees to develop regional standards and databases and
to conduct regional activities such as wet weather monitoring and public education. Such
requirements vary from year to year. In January of each year, the Copennittees collaboratively
develop a program plan and prepare a budget for regional activities during the following Fiscal
Year. Cost sharing among the Copennittees is done in accordance with a fonnula that is based
on population and urbanized land area. The MOD sets out each Copennittee's shared
responsibilities and financial obligations. At the beginning of each Fiscal Year the County of
San Diego, as the Principal Copennittee, calculates each Copennittee's share of the total budget,
invoices each Copennittee, and pays for regional activities trom the joint funds during the Fiscal
Year. At the end of each Fiscal Year, actual costs are calculated and any remaining funds are
credited back to the Copennittees to reduce their subsequent year's payments.
Each Fiscal Year's program plan includes tasks that require consultant services. Any
Copennittee may request to administer a consultant contract. The Copennittee Management
Committee, comprising of representatives from all Copermittees, approves that Copermittee's
request. The Copennittee then signs and administers the contract and gets credited for the
contract amount plus 5% for contract administration costs. The credited amount is subtracted
from the Copennittee's cost share for the subsequent year. The current MOD does not provide
for reimbursement to the Copennittee if the amount to be credited is more than that
Copermittee's cost share for the following Fiscal Year. The proposed amendment to the MOD
will provide for such a mechanism.
During Fiscal Year 2008-09, the Port of San Diego volunteered to hire a consultant to develop a
software for managing the Copermittees' regional mobile business database. After final
accounting of Fiscal Year 2008-2009 costs, and finalizing each Copennittee's share of costs and
credits, it was detennined that the Port of San Diego had incurred $50,722 in staff time and
contract costs toward regional expenditures, while their share of the total costs for the following
Fiscal Year (2009-2010) was only $25,385. Therefore, the Port of San Diego is to be reimbursed
in the amount of $25,337. The current MOD does not include a provision for such
reimbursement.
The proposed First Amendment to the MOD (Attachment B - proposed additions are underlined)
will facilitate reimbursement of the expenditures incurred by the Port of San Diego for regional
program elements, and will provide a reimbursement mechanism for possible similar situations
in the future.
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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
l8704.2(a)(1) is not applicable to this decision.
CURRENT YEAR FISCAL IMPACT
The MOU is an agreement among the Copermittees, which describes how regional and
watershed costs are distributed. The MOU by itself does not result in current year fiscal impacts
to the City; however, compliance with the Municipal Permit requires expenditures by the City.
In addition to regional and watershed programs and costs, Copermittees 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's total expenditures for compliance with the NPDES Municipal Permit in FY 2008-09
amounted to $1,868,626, which included program implementation and storm drain maintenance
costs. Program implementation included jurisdictional, watershed, and regional activities. In the
current Fiscal Year, the same level of expenditure is expected and budgeted for in the Fiscal
Year 2009-2010 budget.
ONGOING FISCAL IMPACT
The requested action by itself will not result in any ongoing fiscal impact on the City. However,
compliance with the Municipal Permit demands ongoing program expenditures. The current
Municipal Permit is due to expire on January 24, 2012. Armual program expenditures are
expected to remain approximately at the current level for the remaining life of the current
Municipal Permit. Based on experience, with the re-issuance of the Municipal Permit on or after
January 2012, more stringent and costly requirements can be expected. An assessment of
ongoing expenditures under the re-issued permit will be presented to the City Council when the
Regional Board adopts the new permit.
ATTACHMENTS
Attachment A - Memorandum of Understanding, 2007
Attachment B - First Amendment to the Memorandum of Understanding
Prepared by: Khosro Aminpour, Senior Civil Engineer, Department of Public Works
K:\PUB LIe WORKS\AGENDA \CAS20 1 0\03-23-1 Q\MQU amendment\Agenda-REV,doc
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ATTACHMENT A
National Pollutant Discharge Elimination System
San Diego Regional Stormwater Copermittees
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, 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 (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 storm water 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 trom 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-
2007-0001 (Permit) governing waste discharge requirements for stormwater and urban runofffrom
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
6-4
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 finalize 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 activiry 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 Copermittees sharing the cost or responsibility.
In-kind Contribution means a non-monetary contribution that can be used to satisfY an equivalent
monetary obligation. Examples of In-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 Planning Subcommittee
or any Workgroup or Sub-workgroup of the 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 fmalization 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 of a Working Body. This includes: maintaining group contact lists;
San Diego Regional Stormwater Copermittees MOU - 2 _
November 16, 2007
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preparing and sending out meeting notifications and agendas; arranging for meeting rooms and
equipment; taking, preparing, and finalizing 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 Co permittees 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 Land 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 finalizing work products such as work plans, budgets,
and meeting materials, and any other tasks associated with the responsibilities ofthe 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
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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.!.
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 11.8.!.
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 ofthis 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.
(1) 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 Goverrunents (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 Storm water Copermittees MOU - 4 -
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(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 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 of this MOU or as formally amended by the CW A.
(c) Ten Percent (10%) of the total cost to be shared shall be divided equally
amongst all of the Copermittees.
(d) Modification of the Default Formula requires the unanimous approval of
all Copermittees.
(2) Special Formulas
(a) Special Formulas may be applied to any shared General Program cost, and
require the approval of a 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%) of the 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 County shall include
those urbanized lands in the unincorporated portion of the
San Diego Regional Stormwater Copermittees MOD - 5 _
November 16, 2007
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County that are west of the CW A service area boundary as
it exists on the date of this 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 of an activity.
2. Annual Shared Cost Budgets and Work Plans
a. No later than October 3 I " 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 3 I" 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 of the 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
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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:
(I) 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 MOU - 7 _
November 16, 2007
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(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 MOU.
B. Regional Stormwater Management Committee
I. 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 among jurisdictional 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;
1. 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 ofthe 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, (I) 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.
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November 16, 2007
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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 Copennittees
(including designated representatives of the Copennittees) to be subject to the Brown Act,
where the Brown Act would not otherwise apply.
C. Regional Program Planning Subcommittee
I. 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 Copennittees, 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 Copennittee 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;
1. 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 final
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 MOD - 9 -
November 16, 2007
6-12
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 Workgronps 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
6-13
c. Develop, annually review, and update as necessary subject-specific standards for
reporting, assessment, and data and infonmation 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 (I) 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 fonmal 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. Copenmittee Representation and Participation on Regional Workgroups and Regional Sub-
workgroups:
a. Each Copenmittee shall provide at least one Representative to each Regional
Workgroup or Regional Sub-workgroup.
b. Each of the Copenmittees represented on the Planning Subcommittee shall serve as a
Participant on at least one Regional Workgroup or Regional Sub-workgroup each
year. Assignments shall be coordinated through the Planning Subcommittee to
ensure adequate participation in each Regional Workgroup and Regional Sub-
workgroup.
San Diego Regional Stonmwater Copenmittees MOD - 11 -
November 16, 2007
6-14
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 assignments is filled in each year.
E. Responsibilities Specific to Individual Regional Workgroups and Sub-Workgroups
In addition to the general responsibilities described in section IIIoO, 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
1. 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 MOD - 12-
November 16, 2007
6-15
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;
Provide a Representative to the CASQA PIPP, Website, and Workshops
subcommittees or their equivalent;
As applicable, facilitate the centralized management of educational program data
and information;
Develop, annually review, and update as necessary regional standards and
approaches for the management of residential sources to address at a minimum:
f.
g.
h.
(I)
(2)
(3)
1.
Priority Sources and Inventories,
BMP Requirements and Recommendations, and
Program Implementation Approaches (including education);
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
6-16
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 identiry 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:
(J) Priority Sources and Inventories,
(2) BMP Requirements and Recommendations, and
(3) Program Implementation Approaches;
San Diego Regional Stormwater Copermittees MOU - 14-
November 16, 2007
6-17
b. Develop the Copennittees' Hydromodification Management Plan (HMP);
c. Update the Model Standard Urban Stonnwater Mitigation Plan (SUSMP) in
accordance with Pennit requirements;
d. Develop, annually review, and update as necessary regional reporting, assessment,
program data and infonnation 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 infonnation; 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:
(1) 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 infonnation 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:
(1) Priority Sources and Inventories,
(2) BMP Requirements and Recommendations, and
San Diego Regional Stonnwater Copennittees MOU - 15 -
November 16, 2007
6-18
(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. Watersbed 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. Carls bad 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 ofEl Cajon
h. San Diego Bay WMA: Port of San Diego
i. Tijuana WMA: County of San Diego
2. Changes in the assigrunent 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 Watershed
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 Storm water Copermittees MOU - 16 _
November 16, 2007
6-19
B. Watershed URMP Sub-workgroups
I. For each WMA listed in section IV.A.I, a Watershed URMP Sub-workgroup is hereby
established.
2. Copennittee Patticipation in Watershed URMP Sub-workgroups
a. Each of the Watershed Copennittees shall have one Patticipant as a member of the
Watershed URMP Sub-workgroup; and
b. The Chair of the Watershed URMP Sub-workgroup shall be the Watershed Lead
Pennittee, or any other Copennittee on approval of the group.
3. Unless a different minimum meeting frequency is established through the unanimous
approval of all Copennittees, 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 Pennit;
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, infonnation, and other input to the Regional WURMP Workgroup and
other Copennittee 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 ILB.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 Copennittee;
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 affinnative vote of at least a Simple Majority of voting
members of the Watershed URMP Sub-workgroup is needed;
d. The affinnative votes must represent greater than fifty percent (50%) of any cost
being shared;
e. Any Copennittee that is responsible for 25% or more of the 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 Fonnulas shall not be
conducted outside of meetings (e.g., bye-mail).
V. OTHER GENERAL PROGRAMS
San Diego Regional Stonnwater Copennittees MOU - 17 _
November 16,2007
6-20
The following apply to Other General Programs.
1. For convenience, the Management Committee or any applicable Watershed Sub-workgroup
may provide a forum for deliberating and voting pn 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 of a 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 total 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 of law. 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
6-21
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
1. This MOU shall become effective on the date the last party executes the MOU.
2. The life of the MOU 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 ofthe 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
]. 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 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 MOU up to the time that each of the conditions
in Section Vll.B.l. has been met.
4. Any monies paid by withdrawing Copermittee in excess ofthe 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 Vll.B.l.a.
5. The withdrawing Copermittee shall not be entitled to participate in the division of proceeds
in any reserve fund account when the MOU is dissolved.
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.
San Diego Regional Stormwater Copermittees MOU - 19-
November ]6, 2007
6-22
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 ofthe MOO,
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 MOU, 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 MOU.
4. By entering into this MOU, each Copermittee agrees to defend itself trom 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 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.
I. Execution of Agreement
This MOU may be executed in counterpart and the signed counterparts shall constitute a single
instrument.
San Diego Regional Stormwater Copermittees MOU - 20 _
November 16, 2007
6-23
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Regional Management Committee (RMC)
. COUDtyofSanD~o . CityofEscOIJdido City of San Diego
. City af Caru.bad . City of.lqleriBl Beach City of Sanlo.olsn:oi;
. City of Chula V'uta City of La kleia . CitycfS:mtM!
. City of Ccmwio City of bEmn Grm'i! . City af Salam Beach
. City ofDe1 :&..1a:r . Clt)' ofNalWml City . Cur of Vista
. Ctty orEI C-IjaI1 . CityofOt~ Part of San D:i2-lO
. City ,of EndDim . City ofPoway ~OOIJalAilponA_ty
Regional Program Planning Subcommittee
m
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. s.m Luis Rey . Em Diego Rn'Ef'
Carhbad . SmDiegoBay
. SmmI!~IJi.t:o . Additional RepreHat3th'e
. .........,.. . AddifiOn:tl Represmt3ti\-1!
Regional \Y orkgroups
I
. I . . . I .
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""- & Sources & \\'lID>!P
& Resj;de.n1iaJ Commi!n:ial
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. DlyWu1hH . Sanm],farg:lfrit!l . 1-hsiionBay
. Co.astalStmmDraill ! . San Luis R.e}' . San Diego Rn-er
. C:uhba.d . San Diego Bay
i . Ban Dieguiw . Tijuaoa
i . Penis;qurtcn
i
Figure A. Copermittee Regional and Watershed Working Bodies
San Diego Regional Stormwater Copermittees MOU - 21 -
November 16, 2007
THE A TT ACHED 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
~~~-
Bart C. Mies eld
City Attorney
Dated: <;" - I L - ( 0
FIRST AMENDMENT TO
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
SAN DIEGO REGIONAL STORMWATER COPERMITTES
MEMORANDUM OF UNDERSTANDING
NOVEMBER 16, 2007
BETWEEN THE COUNTY OF SAN DIEGO,
SAN DIEGO UNIFIED PORT DISTRICT,
SAN DIEO COUNTY REGIONAL AIRPORT AUTHORITY,
CITY OF SAN DIEGO, CITY OF CARLSBAD,
CITY OF CHULA VISTA, CITY OF CORONADO,
CITY OF ESCONDIDO, CITY OF IMPERIAL BEACH,
CITY OF LA MESA, CITY OF SAN MARCOS, CITY OF DEL MAR,
CITY OF EL CAJON, CITY OF ENCINITAS, CITY OF LEMON GROVE,
CITY OF NATIONAL, CITY OF OCEANSIDE, CITY OF POW A Y,
CITY OF SANTEE, CITY OF SOLANA BEACH, AND CITY OF VISTA
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ATTACHMENT 'E>
First Amendment to National Pollutant Discharge Elimination System San Diego Regional
Stormwater Copermittees Memorandum of Understanding, Dated November 16, 2007
This First Amendment to National Pollutant Discharge Elimination System San Diego Regional
2 Stormwater Copermittees Memorandum of Understanding (MOU), dated November 16,2007, is
3 entered into by the County of San Diego (County), the San Diego Unified Port District (Port), the
4 San Diego County Regional Airport Authority (Airport), and the incorporated cities of Carlsbad,
5 Chula Vista, De! Mar, El Cajon, Encinitas, Escondido, Imperial Beach, La Mesa, Lemon Grove,
6 National City, Oceanside, Poway, San Diego, Santee, San Marcos, Santee, Solana Beach, and
7 Vista (Cities), collectively called Copermittees.
8 RECITALS
9 WHEREAS, the MOU sets forth procedures for the management of funds contributed by the
10 Copermittees to fund programs implemented in order to facilitate compliance with San Diego
II Regional Water Quality Control Board Order No. R9-2007-0001 (Permit); and
12
13 WHEREAS, the MOU at Section ILB.3 provides for the carry over of unused contributed funds
14 from one fiscal year to another, but does not otherwise provide any direction regarding the refund
IS of excess funds; and
16
17 WHEREAS, Copermittees desire to amend Section II.B.3. of the MOU to authorize the refund of
18 funds that would otherwise only be authorized to be carried over from one fiscal year to another
19 as a credit.
20 FIRST AMENDMENT
21 NOW THEREFORE, the Copermittees amend the MOU as follows:
22
1.
Section II.B.3 of the MOU entitled "Management and Payment of Funds" is
23 hereby amended and restated to read as follows (proposed changes are shown in underline only to
24 draw attention to the text to be added and are not intended to be underlined for any other reason):
25 a. For Regional General Programs, the Copermittees shall each pay a yearly assessment into a
26 Regional General Program operations fund for their assigned portion of any Regional Shared
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First Amendment to National Pollutant Discharge Elimination System San Diego Regional
Stormwater Copermittees Memorandum of Understanding, Dated November 16, 2007
27 Costs Budget approved pursuant to this MOU. The Regional General Program operations fund
28 shall be managed by the Regional Principal Permittee, or any other Permittee on approval of the
29 Copermittees.
30
31 b. For Watershed General Programs, the Watershed Copermittees for each WMA shall each pay a
32 yearly assessment into a Watershed General Program operations fund for their assigned portion of
33 any Watershed Shared Costs Budget approved pursuant to this MOD. Each Watershed General
34 Program operations fund shall be managed by the Watershed Lead Permittee, or any other
35 Watershed Permittee on approval of the Watershed Copermittees.
36
37 c. The Copermittee managing each General Program operations fund shall provide Budget
38 Balance and Expenditure Status Reports quarterly and following the end of each fiscal year. This
39 shall include a detailed accounting of all costs and expenses in accordance with the adopted Work
40 Plan and Shared Costs Budget, including those incurred by Copermittees providing Working
41 Body Support, contracting services, in-kind services, or other applicable costs.
42
43 d. Each Copermittee shall pay invoices within 60 days of receipt from the Copermittee managing
44 the applicable General Program operations fund.
45
46 e. Funds collected and not expended in any fiscal year shall be credited to the Copermittees' share
47 of the next fiscal year's costs in accordance with the Copermittees' defined shared costs.
48
49 f. Copermittees providing Working Body Support, Contract Administration, in-kind services, or
50 incurring other budgeted costs on behalf of other Copermittees shall provide documentation of
51 those expenses as requested by the Copermittee managing the applicable General Program
52 operations fund. They shall only receive credit for those expenses if a detailed accounting of all
53 costs and expenses meeting the minimum standards agreed upon by the Copermittees has been
54 provided.
55
56 g. Differences in the approved actual cost of expenses from those budgeted shall be either
57 credited or added as appropriate to the amount of the Copermittee's share. In the event that anv
58 CODermittees' share of the next fiscal vear's costs is less than the amount to be credited, the
59 difference shall be refunded to the Copermittee. This provision shall be retroactive to include
60 credits trom FY 2008-09. Refunds shall be provided to Copermittees no later than 90 davs after
61 final accounting.
62
63 h. At its discretion, a CODermittee managing a General Program operations fund mav, Drior to the
64 completion of a fiscal vear, make payment to anv Copermittee providing Working Bodv Support,
65 Contract Administration, in-kind services, or incurring other budgeted expenditures on behalf of
66 other Copermittees so long as all of the conditions of Section II. 8.3.f above have been satisfied
67 and there are sufficient funds available to make a payment without requiring additional
68 contributions or ieopardizing program obiectives. If for some reason excess payment is made, the
69 Copermittee receiving the pavment agrees to return the additional payment without anv recourse
70 against the managing Copermittee.
71
72 2. This First Amendment to MOD may be executed in counterparts and the signed
73 counterparts shall constitute a single instrument.
74
75 IN WITNESS Thereof, this First Amendment to MOD is executed as follows:
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76
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78 County of San Diego, Copennittee
79
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81 San Diego Unified Port District, Copennittee
82
83
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85 San Diego Regional Airport Authority, Copennittee
86
87
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89 City of San Diego, Copennittee
90
91
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93 City of Carlsbad, Copennittee
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95
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97 City ofChula Vista, Copennittee
98
99
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101 City of Coronado, Copennittee
102
103
104
105 City of Escondido, Copennittee
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107
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109 City ofImperia1 Beach, Copennittee
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III
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113 City of La Mesa, Copennittee
114
115
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117 City of San Marcos, Copennittee
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119
120
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122 City of Del mar, Copennittee
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125
First Amendment to National Pollutant Discharge Elimination System San Diego Regional
Stormwater Copermittees Memorandum of Understanding, Dated November 16, 2007
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First Amendment to National Pollutant Discharge Elimination System San Diego Regional
Stormwater Copermittees Memorandum of Understanding, Dated November 16, 2007
126 City of El Cajon, Copennittee
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128
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130 City of Encinitas, Copennittee
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134 City of Lemon Grove, Copennittee
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136
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138 City of National City, Copennittee
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140
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142 City of Oceanside, Copennittee
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146 City of Po way, Copennittee
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148
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150 City of Santee, Copennittee
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152
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154 City of Solana Beach, Copennittee
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158 City of Vista, Copennittee
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RESOLUTION NO. 2010-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FIRST AMENDMENT TO
THE MEMORANDUM OF UNDERSTANDING (MOU)
AMONG THE COPERMITTEES OF SAN DIEGO COUNTY,
DATED NOVEMBER 16, 2007, FOR THE NATIONAL
POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
MUNICIPAL PERMIT, ORDER NO. R9-2007-0001, AND
AUTHORIZING THE MAYOR TO SIGN THE AMENDMENT
ON BEHALF OF THE CITY
WHEREAS, the United Sates Environmental Protection Agency (USEP A) proposed
regulations (published December 8, 1988 in the Federal Register) for the issuance of National
Pollutant Discharge Elimination System (NPDES) Municipal Permits (Municipal Permit) 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), 2001, and 2007; and
WHEREAS, the San Diego Municipal Permit is system-wide, covering all jurisdictions
of San Diego County; and
WHEREAS, the Municipal 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) first 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
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WHEREAS, the MOU establishes the shared program responsibilities of each party with
respect to compliance with the Municipal Permit regulations, which are administered by the
Regional Board; and
WHEREAS, the current MOU lacks a financial mechanism by which the Copermittees
can be reimbursed for costs incurred by them toward approved regional program elements; and
WHEREAS, the proposed First Amendment to the MOU will provide such a mechanism.
NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista does hereby
approve the First Amendment to the Memorandum of Understanding (MOU) among the
Copermittees of San Diego County, for Pollutant Discharge Elimination System Municipal
Permit, Order No. R9-2007-0001, dated November 16, 2007.
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 ofChula Vista.
Presented by
Approved as to form by
~ ~ --=-.
Richard A. Hopkins
Director of Public Works
Bart Miesfeld
City Attorney
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