HomeMy WebLinkAbout2007-12-18; City Council; 19264; Storm Water Permit MOUCITY OF CARLSBAD - AGENDA BILL
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MTG. 12/18/07
19,264
DEPT. ENG
MUNICIPAL STORM WATER PERMIT COPERMITTEE
MEMORANDUM OF UNDERSTANDING
DEPT. HEADH
CITY ATTY.
CITY MGR. (/A
RECOMMENDED ACTION:
Adopt Resolution No. 2007-325 authorizing the Mayor to execute the Memorandum of
Understanding (MOU) between the City of Carlsbad and the Municipal Storm Water Copermittees
which establishes the responsibilities of each party with respect to compliance with National Pollutant
Discharge Elimination System (NPDES) Order No. R9-2007-0001.
ITEM EXPLANATION:
Municipal Storm Water NPDES Order No. R9-2007-0001 requires that the Copermittees (the County
of San Diego, San Diego Unified Port District, San Diego County Regional Airport Authority, and
eighteen cities in San Diego County, including the City of Carlsbad) jointly execute and submit to the
San Diego Regional Water Quality Control Board by June 29, 2007, a Memorandum of
Understanding, Joint Power Authority, or other instrument of formal agreement which at a minimum
provides a management structure that: (1) Identifies and defines the responsibilities of the
Principal Permittee and Lead Watershed Permittees; (2) Identifies Copermittees and defines their
individual and joint responsibilities, including watershed responsibilities; (3) Establishes a
management structure to promote consistency and develop and implement regional activities;
(4) Establishes standards for conducting meetings, decision-making, and cost sharing; (5) Provides
guidelines for committee and workgroup structure and responsibilities; (6) Lays out a process for
addressing Copermittee non-compliance with the formal agreement; and (7) Includes any and all
other collaborative arrangements for compliance with this Order. To achieve compliance with this
requirement of the Permit, an amendment to the existing MOU was approved in June 2007 by all
Copermitees. This amendment expires December 31, 2007. This new MOU will be be effective
concurrent with the term of the Municipal Storm Water Permit, plus 12 months. The Municipal Storm
Water Permit expires five years from date of adoption, or January 2012.
Upon issuance of NPDES Order No. R9-2007-0001, Copermittee representatives formed a working
committee to develop the attached Memorandum of Understanding.
The Memorandum of Understanding includes the following provisions:
I. Definitions
Provides definitions of terms used in the MOU and the NPDES Permit to avoid confusion amongst the
Copermittees.
II. Permittee Responsibilities
Describes the main responsibilities of all Copermittees. This section also defines the Regional and
Watershed General Program components, as well as, Other General Programs that may be included
by the Copermittees. This section also provides specific guidance and formulas on how costs will be
shared or borne by the various Copermittees. The Default Formula for cost sharing consists of 45%
based on Urbanized Land Area, 45% based on population and 10% shared equally between all the
Copermittees.
FOR CITY CLERKS USE ONLY
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
D
D
D
D
CONTINUED TO DATE SPECIFIC D
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER - SEE MINUTES D
Page 2
Regional General Programs
Establishes and describes the role of the Principal Permittee (County of San Diego) and the
Copermittees on Regional Workgroups and representation and responsibilities of the Regional Storm
Water Management Committee which will provide a forum for the representation of interests and the
development of consensus during the presentation, discussion, and evaluation of proposed activities
and program elements.
IV. Watershed General Programs
Acknowledges the Copermittees' responsibilities to collaborate in Watershed activities and implement
a Watershed Urban Runoff Management Plan, as required by the Permit.
V. Other General Programs
Allows for voting, cost-sharing and/or sub-workgroup formation not already defined, as required.
VI. Dispute Resolution
Provides a framework for dispute resolution during the term of the MOD.
VII. General Provisions
Provides information about the Term of the MOD, Governing Law, Withdrawal Procedures, and similar
information.
ENVIRONMENTAL IMPACT:
The proposed approval of the Memorandum of Understanding is exempt from the requirements of the
California Environmental Quality Act (CEQA) because the proposed action does not meet the
definition of a "project" per Section 15378 ("Definitions") of the State CEQA Guidelines, and will not
have any adverse significant impact on the environment.
FISCAL IMPACT:
A fiscal impact results from the adoption of this Memorandum of Understanding. In the MOU, Section
II - RESPONSIBILITIES OF ALL COPERMITTEES, outlines the responsibilities of the Copermittee
Management Committee to draft a Budget for all Regional General Programs.
The Copermittee Management Committee is assigned the responsibility to finalize and approve the
proposed budget for submittal to member agencies. Each member agency is responsible for funding
their share of the cost of the recommended Regional General Programs. These costs are included in
the Storm Water Program's 2007-08 operating budget.
PageS
The total cost for FY07-08, for all Copermittees is calculated at $2.86 million. The City's share of this
total is $107,418, or 3.7% of the total. Costs for FY08-09 are anticipated to be approximately
$119,500, and costs are expected to increase in future years as new programs are implemented to
comply with the terms of the Permit. These costs will be included in the Storm Water Program's
annual operating budget request.
No additional budget needs are anticipated during the current fiscal year as a result of the
adoption of Resolution No.2007-325or the MOD.
EXHIBITS:
1. Resolution No. 2007-325 authorizing the Mayor to execute the Memorandum of
Understanding (MOD) between the City of Carlsbad and the Municipal Storm Water
Copermittees which establishes the responsibilities of each party with respect to compliance
with National Pollutant Discharge Elimination System (NPDES) Order No. R9-2007-0001.
2. Memorandum of Understanding between the City of Carlsbad and the Municipal Storm Water
Copermittees.
DEPARTMENT CONTACT: Elaine Lukey, 760-602-7582 eluke@ci.carlsbad.ca.us
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RESOLUTION NO. 2007-325
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR TO
EXECUTE THE MEMORANDUM OF UNDERSTANDING
4 BETWEEN THE CITY OF CARLSBAD AND THE MUNICIPAL
STORM WATER COPERMITTEES AS REQUIRED BY
5 SAN DIEGO REGIONAL WATER QUALITY CONTROL BOARD
NPDES ORDER NO. R9-2007-0001.
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WHEREAS, the County of San Diego (herein called County), the San Diego Unified Port
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District (herein called Port), The San Diego County Regional Airport Authority (herein called the
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Airport), and the incorporated cities of San Diego, Carlsbad, Chula Vista, Coronado, Escondido,
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Imperial Beach, La Mesa, San Marcos, Del Mar, El Caion, Encinitas, Lemon Grove, National City,
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Oceanside, Poway, Santee, Solana Beach, and Vista (herein called Cities), collectively called
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Copermittees, desire to enter into a Memorandum Of Understanding (MOU) that establishes the
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responsibilities of each party with respect to compliance with the National Pollutant Discharge
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Elimination System (NPDES) Storm Water permit regulations; and
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WHEREAS, in 1987 Congress amended Section 402 of the Federal Water Pollution
I O
Control Act (33 USCA 1342p) to require the United States Environmental Protection Agency16
(U.S. EPA) to promulgate regulations for applications for permits for storm water discharges; and
WHEREAS, the U.S. EPA adopted final permit regulations on November 16, 1990; and18
WHEREAS, these permit regulations require the control of pollutants from storm wateri y
discharges by requiring a NPDES permit which would allow the lawful discharge of storm waters
into waters of the United States; and
22 WHEREAS, the California State Water Resources Control Board (CSWRCB) as
23 designee of the U.S. EPA has delegated authority to the San Diego Regional Water Quality
24 Control Board (SDRWQCB) for administration of the NPDES storm water Permit within the
25 boundaries of its region; and
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1 WHEREAS, on January 24, 2007, the Regional Board issued an NPDES permit and
2 Board Order No. R9-2007-0001 governing waste discharge requirements for storm water and
3 urban runoff from the County, the Port, the Airport, and the Cities, naming these entities as
4 Copermittees; and
WHEREAS, said permit and order require that the Copermittees cooperate in the
c
implementation of a Storm water Management Plan including the execution of a Memorandum of
Understanding; and
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WHEREAS, the County, the Port, the Airport, and the Cities desire to implement an
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integrated storm water management program with the objective of improving surface water quality
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in the County of San Diego.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
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California, as follows:
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1. That the above recitations are true and correct.14
2. That in the best interest of cooperation between The City of Carlsbad and its
fellow Copermittees, the City Council of the City of Carlsbad hereby authorizes the Mayor to
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execute the Memorandum of Understanding between the City of Carlsbad and the Municipal
17 Storm Water Copermittees as required by NPDES Order No. R9-2007-0001.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 18th day of December, 2007, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
CLAUDE A LEWIS, Mayor
ATTEST:
L/ORRAI
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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, El 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 §1342p) to require the U.S. EPA to promulgate regulations for applications for permits
for stormwater discharges; and
WHEREAS, the U.S. EPA adopted final permit regulations on November 16, 1990; and
WHEREAS, these permit regulations require the control of pollutants from 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 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 - 1 - November 16, 2007
7
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 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 1 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 Copermittees 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 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 of a Working Body. This includes: maintaining group contact lists;
San Diego Regional Stormwater Copermittees MOU -2- November 16, 2007
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 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 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 Copermittees 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 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
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 II.B.l.
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 of a 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
1. 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 Airport jurisdiction(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
ID
(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 (CWA) service area boundary as it
exists on the date of this MOU or as formally amended by the CWA.
(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:
[ 1 ] 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 MOU -5- November 16, 2007
li
County that are west of the CWA service area boundary as
it exists on the date of this MOU or as formally amended by
the CWA.
(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 31st 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 31st 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 31st 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
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 MOU. 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
1. 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 MOU -7- November 16, 2007
(4) Maintain a current contact list of Copermittees 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
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 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;
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 MOU -8- November 16, 2007
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 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 MOU -9- November 16, 2007
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., by e-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
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 31st 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 31st 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. Assignments shall be coordinated through the Planning Subcommittee to
ensure adequate participation in each Regional Workgroup and Regional Sub-
workgroup.
San Diego Regional Stormwater Copermittees MOU - 11 - November 16, 2007
n
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 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.
1. 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 (LTEA);
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
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:
(1) 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
e. Provide a Representative to the CASQA Stormwater 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
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:
(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 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:
(1) Priority Sources and Inventories,
(2) BMP Requirements and Recommendations, and
San Diego Regional Stormwater Copermittees MOU -15- November 16, 2007
(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
1. 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 Key River WMA: City of Oceanside
c. Carlsbad WMA: City of Carlsbad
d. San Dieguito River WMA: City of Escondido
e. Penasquitos WMA: City of Poway
f. Mission Bay WMA: City of San Diego
g. San Diego River WMA: City of El Cajon
h. San Diego Bay WMA: Port of San Diego
i. 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 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 Stormwater Copermittees MOU - 16 - November 16, 2007
B. Watershed URMP Sub-workgroups
1. For each WMA listed in section IV.A. 1, 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 of TMDL activities and
programs within the WMA; and
e. Adopt an annual Watershed Work Plan and Watershed Shared Costs Budget in
accordance with section II.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 affirmative 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 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 Formulas shall not be
conducted outside of meetings (e.g., by e-mail).
V. OTHER GENERAL PROGRAMS
San Diego Regional Stormwater Copermittees MOU - 17 - November 16, 2007
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 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 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
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 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 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 VII.B.l. has been met.
4. Any monies paid by withdrawing Copermittee in excess of the amount due under the terms
of the MOU shall be refunded to the Copermittee at the time the withdrawal becomes final
as set forth in Section VII.B. 1 .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 16, 2007
E. Governing Law
This MOU shall be governed and construed in accordance with the laws of the State of California. If
any provision or provisions shall be held to be invalid, illegal, or unenforceable, the validity,
legality, and enforceability of the remaining provisions shall not in any way be affected or impaired
thereby.
The headings used throughout this MOU are for convenience only and do not in any way limit or
amplify the terms or provisions of the MOU.
F. Consent and Breach Not Waiver
No term or provision hereof shall be deemed waived and no breach excused, unless such waiver or
consent shall be in writing and signed by the Copermittee to have waived or consented. Any consent
by any Copermittee to, or waiver of, a breach by the other, whether expressed or implied, shall not
constitute a consent to, waiver of, or excuse for any other different or subsequent breach.
G. Indemnification
1. 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 from 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
IN WITNESS THEREOF, this Agreement is executed as follows:
Date:
County of San Diego, Copermittee
San Diego Regional Stormwater Copermittees MOU - 23 - November 16, 2007
SI
IN WITNESS THEREOF, this Agreement is executed as follows:
Date:
San Diego Unified Port District, Copermittee
San Diego Regional Stormwater Copermittees MOU - 24 - November 16, 2007
IN WITNESS THEREOF, this Agreement is executed as follows:
Date:
San Diego Regional Airport Authority, Copermittee
San Diego Regional Stormwater Copermittees MOU - 25 - November 16, 2007
IN WITNESS THEREOF, this Agreement is executed as follows:
Date:
City of San Diego, Copermittee
ATTEST:
City Clerk
Title.
Title
APPROVED AS TO FORM:
City Attorney
San Diego Regional Stormwater Copermittees MOU - 26 - November 16, 2007
IN WITNESS THEREOF, this Agreement
Date:
San Diego Regional Stormwater Copermittees MOU - 27 -November 16, 2007
IN WITNESS THEREOF, this Agreement is executed as follows:
Date:
City of Chula Vista, Copermittee
San Diego Regional Stormwater Copermittees MOU -28- November 16, 2007
IN WITNESS THEREOF, this Agreement is executed as follows:
Date:
City of Coronado, Copermittee
San Diego Regional Stormwater Copermittees MOU - 29 - November 16,,2007^
IN WITNESS THEREOF, this Agreement is executed as follows:
Date:
City of Escondido, Copermittee
San Diego Regional Stormwater Copermittees MOU -30- November 16 2007
IN WITNESS THEREOF, this Agreement is executed as follows:
Date:
City of Imperial Beach, Copermittee
San Diego Regional Stormwater Copermittees MOU - 31 - November 16, 2007
IN WITNESS THEREOF, this Agreement is executed as follows:
Date:
City of La Mesa, Copermittee
San Diego Regional Stormwater Copermittees MOU - 32 - November 16, 200
IN WITNESS THEREOF, this Agreement is executed as follows:
Date:
City of San Marcos, Copermittee
San Diego Regional Stormwater Copermittees MOU - 33 - November 16, 2007
IN WITNESS THEREOF, this Agreement is executed as follows:
Date:
City of Del Mar, Copermittee
San Diego Regional Stormwater Copermittees MOU - 34 - November 16, 2007 „
IN WITNESS THEREOF, this Agreement is executed as follows:
Date:
City of El Cajon, Copermittee
San Diego Regional Stormwater Copermittees MOU - 35 - November 16, 2007
IN WITNESS THEREOF, this Agreement is executed as follows:
Date:
City of Encinitas, Copermittee
San Diego Regional Stormwater Copermittees MOU -36- November 16, 2007
IN WITNESS THEREOF, this Agreement is executed as follows:
Date:
City of Lemon Grove, Copermittee
San Diego Regional Stormwater Copermittees MOU - 37 - November 16, 2007 ,Ml
IN WITNESS THEREOF, this Agreement is executed as follows:
Date:
City of National City, Copermittee
San Diego Regional Stormwater Copermittees MOU - 38 - November 16, 2007
IN WITNESS THEREOF, this Agreement is executed as follows:
Date:
City of Oceanside, Copermittee
San Diego Regional Stormwater Copermittees MOU -39- November 16, 2007
IN WITNESS THEREOF, this Agreement is executed as follows:
Date:
City of Poway, Copermittee
San Diego Regional Stormwater Copermittees MOU - 40 - November 16, 2007
IN WITNESS THEREOF, this Agreement is executed as follows:
Date:
City of Santee, Copermittee
San Diego Regional Stormwater Copermittees MOU - 41 - November 16, 2007
IN WITNESS THEREOF, this Agreement is executed as follows:
Date:
City of Solana Beach, Copermittee
San Diego Regional Stormwater Copermittees MOU - 42 - November 16, 2007
IN WITNESS THEREOF, this Agreement is executed as follows:
Date:
City of Vista, Copermittee
San Diego Regional Stormwater Copermittees MOU - 43 - November 16, 2007
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