County of San Diego - Regional Stormwater CopermitteesFourth Amended National Pollutant Discharge Elimination System
San Diego Regional Stormwater Copermittees
MEMORANDUM OF UNDERSTANDING
2019
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 stormwater 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, but do so without waiving and expressly subject to any and all objections and appeals made
by any Copermittee in response to any NPDES Permit; 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, May 8, 2013, the Regional Board issued an NPDES permit as Order No. R9-2013-0001,
as amended by Order Nos. R9-2015-0001 and R9-2015-0100, NPDES No. CAS0109266, (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;
NOW, THEREFORE, the parties hereto do mutually agree as follows:
San Diego Regional Stormwater Copermittees MOU - 1 - Fourth Amended: October 22, 2019
I. DEFINITIONS
At Large means representing all of the Copermittees of this MOU.
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.
Consensus means general agreement reached between the participants of a Working Body.
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.
Program Planning Subcommittee or Planning Subcommittee is composed as described in Section
III.C.4 and 5.
Regional General Program(s) are activities that apply to all Copermittees, or that provide a regional
benefit to Copermittees as determined by the Regional Management Committee.
Regional Principal Permittee is the County of San Diego unless another Regional Principal Permittee is
selected in accordance with Section III.B.5. In addition to the responsibilities of all Copermittees
described in Section II, the Regional Principal Permittee provides general coordination for the
development and implementation of Regional General Programs, including the specific tasks and
responsibilities described in Section III.A.1.b.
Regional Stormwater Management Committee or Management Committee is composed as described
in Section III.B.2.
Regional Work Plan is a work plan that is one or more of the following: (1) developed and adopted
annually for the purpose of conducting regional business 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.
Representative means a Copermittee staff member or consultant who serves as a point of contact and/or
participant in the activities of a Working Body on behalf of the Copermittee. Except as described in
Section III.B (Regional Stormwater Management Committee), Representatives are not required to attend
meetings, but are expected to maintain a reasonable knowledge of, and involvement in, the activities of
San Diego Regional Stormwater Copermittees MOU - 2 - Fourth Amended: October 22, 2019
the Working Body. To the best of their ability each Copeimittee Representative should have expertise
and knowledge in the subject matter of each applicable 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;
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.
Shared Cost Budget is one that is agreed upon and shared by Copermittees for the purpose of conducting
stormwater regulatory activities, and can be developed at a watershed, regional or other scale.
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 identified both as a Copermittee under Table 1.a
and a Responsible Copermittee under any Watershed Management Area as defined in Table B-1 of the
Permit.
Watershed General Programs are activities that apply to the Copermittees comprising any individual
Watershed Management Area (WMA) defined in Table B-1 of the Permit, or providing a general benefit
to Copermittees within the WMA as determined by a Working Body.
Working Body means Committees, Subcommittees, Sub -working body(s), or any other working group of
Copermittees' employees assembled to conduct specific tasks required by, for, or in furtherance of,
compliance with the Permit.
II. RESPONSIBILITIES OF ALL COPERMITTEES
The following apply to General Programs.
A. Performance and Reimbursement of Tasks
1. Any individual Copermittee performing tasks necessary to fulfill budgeted General Program
responsibilities for a Working Body is entitled to reimbursement of the costs incurred in
accordance with section II.B.
San Diego Regional Stormwater Copermittees MOU - 3 - Fourth Amended: October 22, 2019
2. Any Copermittee performing contract administration tasks to fulfill budgeted General Program
responsibilities for a Working Body is entitled to reimbursement of contract management costs at
a rate of 5% of the total contract cost or as otherwise agreed on by the participating Copermittees.
3. Any Copermittee performing tasks other than contract administration or voluntarily 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.
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, but shall first make a good faith effort to carry out or transfer existing
responsibilities to another party by providing written notification of termination to the
Copermittees within the Working Body 90 days prior to the intended date of termination.
B. Fiscal Responsibilities
1. Division of Shared General Program Costs
a. Prior to the allocation of shared costs, each proposed or approved budget task or sub -task
shall be identified as either a Regional General Program cost or a Watershed 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.
(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
San Diego Regional Stormwater Copermittees MOU - 4 - Fourth Amended: October 22, 2019
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 vote of all
Copermittees. For cost sharing that applies only to a group that contains fewer
than all Copermittees, a unanimous vote is required of all affected
Copermittees.
(2) Special Formulas.
(3)
Special Formulas may be applied to any shared Regional or Watershed General
Program cost and require the unanimous vote of the Copermittees participating
in the cost.
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. Copermittee in-kind contributions may include Working Body
Support.
2. Work Plans and Shared Cost Budgets
a. Limitations on Cost-sharing
General Program activities that may be cost -shared by the Copermittees include
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.
Examples of such activities include:
(1) Development or implementation of any program requirements of the MS4
Permit, such as, the BMP Design Manual, regional education and outreach, or
Water Quality Improvement Plans;
(2)
(3)
(4)
(5)
(6)
Public participation activities, such as facilitating public meetings and
workshops;
Program assessment;
Plan updates;
Water quality monitoring, assessment and reporting;
Annual reporting, including establishment and management of data and
information clearinghouses;
San Diego Regional Stormwater Copermittees MOU - 5 - Fourth Amended: October 22, 2019
(7)
(8)
(9)
Preparation of technical analyses, recommendations and comments regarding the
MS4 Permit, total maximum daily loads, and other relevant storm water quality
regulations;
Preparation of documents required by the MS4 Permit, such as Reports of Waste
Discharge; and
Special studies related to storm water quality -related pollutants, their sources,
and potential best management practices.
b. Work Plans and Shared Cost Budgets
1. No later than October 31st of each year, each Working Body shall prepare and submit
to the Planning Subcommittee a proposed Work Plan and Shared Costs Budget for the
upcoming Fiscal Year.
2. Each Work Plan shall identify the parties that will serve as a Working Body Chair, Co-
chair, or Secretary for the upcoming Fiscal Year. These assignments will be served on a
fiscal year basis and shall be for a minimum term of one year.
3. A Copermittee may not be compelled to act, or continue acting, as a Working Body
Chair, Co-chair, or Secretary, and may at any time terminate an existing assignment.
Before doing so, the Copermittee shall first make a good faith effort to carry out or
transfer existing responsibilities.
4. Each budget 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.
5. 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 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 Shared Costs Budget shall be prepared, approved by the
Management Committee, and distributed to the Copermittees no later than January 31" of
each year. The consolidated Regional Work Plan and Shared Costs Budget shall also
identify the party or parties serving as Regional General Program operations fund
managers.
6. Modifications to any adopted Regional Work Plan and Shared Costs Budget that will
result in an overall increase in cost require the approval of the Regional Management
Committee.
7. Copermittees from each Working Body, for which costs will be shared, shall prepare,
agree upon and distribute to the participating Copermittees in that watershed, a watershed
work plan and Shared Costs Budget.
8. Approval of the Shared Costs Budget for each fiscal year is subject to approval by
Copermittee governing bodies as part of their regular annual budgeting process.
3. Cumulative Budget Limits
a. The total Shared Cost Budget authorized under this MOU may not exceed the cumulative
limits specified for each spending category in Table 1. These values represent the
maximum amount that may be cost -shared for each spending category for the duration of
this MOU. They do not represent funding commitments. Once a cumulative limit has
been reached, the Copermittees must establish separate agreements for sharing additional
costs for that budget category. The estimated annual limits shown for each fiscal year are
for planning purposes only. Where an estimated annual limit is not reached in any fiscal
San Diego Regional Stormwater Copermittees MOU - 6 - Fourth Amended: October 22, 2019
year, the surplus amount may be carried over into subsequent fiscal years, so long as the
cumulative limit is not exceeded. Budget limits apply only to their designated budget
category. They may not be exchanged or credited across budget categories. Spending in
each budget category may not exceed the applicable cumulative limit under any
circumstances.
San Diego Regional Stormwater Copermittees MOU - 7 - Fourth Amended: October 22, 2019
Table 1: Not -to -exceed Limits by Budget Category
San Diego Regional Stormwater Copermittees MOU - 8 - Fourth Amended: October 22, 2019
�y 2022-2
2023-24
3
Cu tive
t
Regional Budgets
$850,560
$1,201,200
$920,800
$636,025
$1,158,300
$655,106
$764,000
$882,759
$814,000
$1,013,502
$4,507,660
$4,388,592
San Luis Rey, SLR
Carlsbad, CAR
$122,600
$1,269,200
$519,200
$698,700
$847,200
$3,456,900
San Dieguito, SDG
$1,071,250
$843,750
$753,750
$597,500
$547,500
$3,813,750
Los Penasquitos,
LPQ
$903,125
$794,375
$673,125
$748,125
$698,125
$3,816,875
San Diego River,
SDR
$2,098,688
$1,181,250
$984,375
$1,077,563
$1,391,250
$6,733,126
San Diego Bay,
SDBay
$828,000
$770,000
$792,000
$814,000
$727,000
$3,931,000
Tijuana, TJ
$512,000
$464,000
$471,000
$505,000
$459,000
$2,411,000
SDR I/O: County of
San Diego, Cities of
El Cajon, La Mesa,
Santee
$150,000
$150,000
$150,000
$150,000
$150,000
$750,000
Bacteria TMDL
(Cities of Carlsbad,
Del Mar, El Cajon,
Encinitas, Escondido,
La Mesa, Lemon
Grove, Oceanside,
Port of San Diego,
Poway, San Diego, San
Marcos, Santee,
Solana Beach, Vista
and the County of San
Diego.
$20,000
$20,000
$20,000
$20,000
$20,000
$100,000
Total Watershed
Management Area
(WMA) Budgets
$6,826,663
$5,403,300
$4,937,556
$5,412,247
$5,771,777
$28,351,543
Total WMAs +
Regional Budgets
$7,677,223
$6,324,100
$6,095,856
$6,176,247
$6,585,777
$32,859,203
San Diego Regional Stormwater Copermittees MOU - 8 - Fourth Amended: October 22, 2019
4. Management and Payment of Funds
a. For Regional General Programs, the Copermittees shall each pay a yearly assessment into
one or more Regional General Program operations funds for their respective 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.
b. For Watershed General Programs, the applicable watershed Copermittees shall each pay
an assessment into one or more Watershed General Program operations funds 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 participating
Copermittees.
c. The Copermittee managing each General Program operations fund shall provide budget
balance and expenditure status reports following the end of each fiscal year. This shall
include a detailed accounting of all costs and expenses in accordance with the accepted
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.
Differences in the approved actual cost of expenses from those budgeted shall be either
credited or added as appropriate to the amount of the Copermittees' share. In the event
that any Copermittees' share of the next fiscal year's costs is less than the amount to be
credited, the difference shall be refunded to the Copermittee. Refunds shall be provided
to Copermittees no later than 90 days after final accounting.
h. At its discretion, a Copermittee managing a General Program operations fund may, prior
to the completion of a fiscal year, make payment to any Copermittee providing Working
Body Support, Contract Administration, in-kind services, or incurring other budgeted
expenditures on behalf of other Copermittees so long as all of the conditions of Section II
B.4.f above have been satisfied and there are sufficient funds available to make a
payment without requiring additional contributions or jeopardizing program objectives. If
for some reason excess payment is made, the Copermittee receiving the payment agrees
to return the additional payment without any recourse against the managing Copermittee.
g.
III. REGIONAL GENERAL PROGRAMS
In addition to the requirements of Section II, the following apply to Regional General Programs.
A. Regional Principal Permittee
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1. The County is hereby designated Regional Principal Permittee (Principal Permittee).
a. The County or any other Copermittee may not be compelled to act, or continue acting, as
Principal Permittee. A Copermittee may at any time terminate its assignment as Principal
Permittee but shall first make a good faith effort to carry out or transfer existing
responsibilities.
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) Maintain a current contact list of Copermittees and interested parties.
(3) 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.
B. Regional Stormwater Management Committee
1. The purpose of the Regional Stormwater Management Committee (Management Committee) is to
develop, approve, and coordinate urban runoff management programs, and to explore issues of
regional significance.
2. The Management Committee shall consist of one Representative of each Copermittee. Each
Copermittee shall have one vote.
3. The Management Committee shall meet at least annually.
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. Review specific issues pertaining to Working Bodies, make recommendations, or conduct
work in support of shared regional priorities or objectives;
f. Formally approve the recommendations, work products, and deliverables of Working
Bodies presented for consideration;
g. Adopt an Annual Regional Work Plan and Shared Costs Budget in accordance with the
budgetary limits set forth in Table 1;
h. Approve an Annual Regional Work Plan and Shared Costs Budget; and
i. Approve 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. A reassignment or change in the responsibilities
of the Principal Permittee requires a three-fourths majority approval of all Copermittees.
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6. Voting Requirements for the Management Committee
a. For a meeting or a vote to be held, a quorum of a Two-thirds Majority of voting
representatives of the Management Committee must either be present or participate
remotely via legally acceptable electronic communication (telephone, voice over internet
protocol, etc.).
b. Management Committee voting shall not be conducted outside of meetings (e.g., by
email).
c. For a motion to be approved, an affirmative vote of a Simple Majority of the
Management Committee is needed.
d. On approval of the Management Committee, activities undertaken by a subset of
Copermittees, but providing a regional benefit to Copermittees, may be considered
Regional General Programs.
e. Approval of any shared cost requires a unanimous vote of all Copermittees
participating in the cost.
C. Regional Program Planning Subcommittee
1. The purposes of the Regional Program Planning Subcommittee (Planning Subcommittee) shall be
to provide regional coordination of urban runoff management activities, to develop and
implement Regional General Programs, and to coordinate the activities of Working Bodies.
2. 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. Review specific issues pertaining to Regional Working Body(s), make recommendations,
or conduct work in support of shared regional priorities or objectives;
d. Oversee, coordinate, and track the progress of As -Needed Regional Working Body(s) in
developing specific work products, responding to information requests, and completing
tasks;
e. Establish and maintain a calendar of Copermittee meetings and events;
f. Conduct regional program planning including developing an Annual Regional Work Plan
and Shared Costs Budget for Management Committee consideration and approval;
g. Review and recommend Management Committee approval of work products,
recommendations, and requests of Regional Working Body(s) for consideration and
approval;
h. Annually receive, review, comment on, and consolidate the recommended Work Plans
and Shared Costs Budgets of each Regional Working (body(s);
i. Coordinate and liaise with Regional Board staff, stakeholders, regulated parties, and other
interested parties to identify and explore key regional issues and concerns.
j. Provide Representation to the California Stormwater Quality Association (CASQA);
k. Provide representation or participation for other professional organizations and societies
as appropriate and feasible;
1. Provide regular updates to Copermittees and interested parties via Management
Committee meetings or other appropriate means (e-mail, etc.); and
m. 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.
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3. 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.
4. Planning Subcommittee meetings shall be open to all Copermittees; however, voting membership
in any year shall be limited to one representative of each Watershed Management Area (WMA)
listed in Permit Table a.1 except the South Orange County WMA. Any Copermittee may only
represent one WMA. For each fiscal year, each WMA will designate a Copermittee as a voting
member of the Planning Subcommittee prior to the beginning of that fiscal year. Each WMA
may also designate an alternate voting member.
5. Each voting member shall be considered an at -large member. Their purpose is to represent the
interests of all Copermittees of this MOU rather than those of their specific WMAs.
6. 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.
However, the Planning Subcommittee may approve changes to approved Annual Regional Work
Plans and Shared Costs Budgets within approved annual budget limits.
7. Voting Requirements for the Planning Subcommittee:
a. The Planning Subcommittee shall only make advisory recommendations for items
requiring 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.
IV. 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 attempt to settle the dispute in an amicable manner, using mediation under the
Mediation Rules of the American Arbitration Association [AAA] or any other neutral
organization agreed to by the parties. A mediation session is required 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 all 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 in the mediation process
will be confidential settlement negotiations under Ca. Evidence Code section 1152. 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.
San Diego Regional Stormwater Copermittees MOU - 12 - Fourth Amended: October 22, 2019
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 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.
V. 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 be effective through August 2024, or with the life of the current Permit
plus twelve months, whichever is longer. For purposes of this paragraph, any permit renewal or
replacement after May 2024 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. 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.
c. The withdrawing Copermittee shall be responsible for their portion of any shared costs
incurred according to the conditions of this MOU up to the time that each of the
conditions in Section V.B.1.a. has been met.
d. Any monies paid by withdrawing Copermittee in excess of the amount due under the
terms of the MOU shall be refunded to the Copermittee at the time the withdrawal
becomes final as set forth in Section V.B.1.a.
e. 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
1. 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.
2. Limitations on Use of Funds. Notwithstanding the rights and obligations of the Parties created by
this MOU, no Party may be found in breach of this MOU where compliance would require that
Party to violate any law or grant assurance, including but not limited to provisions of the Federal
Aviation Administration 1999 Policy and Procedure Concerning the Use of Airport Revenue [64
San Diego Regional Stormwater Copermittees MOU - 13 - Fourth Amended: October 22, 2019
Fed. Reg. 7696, dated Feb. 16, 1999]; the Airport and Airway Improvement Act of 1982 codified
at 49 U.S.C. § 47107(b); the Federal Aviation Administration Authorization Act of 1994, P.L.
103-305 (Aug. 23, 1994); the Airport Revenue Protection Act of 1996, Title VIII of the Federal
Aviation Administration Act of 1996, P.L. 104-264 (Oct. 9, 1996), 110 Stat. 3269 (Oct. 9, 1996);
49 U.S.C. § 46301(n)(5); and 49 U.S.C. § 47133. The Parties recognize that the Authority has
received federal Airport Improvement Project ("AIP") grants containing grant assurance 25,
which provides: "All revenues generated by the airport ... will be expended by it for the capital
or operating costs of the airport; the local airport system; or other local facilities which are owned
or operated by the owner or operator of the airport and which are directly and substantially related
to the actual air transportation of passengers or property; or for noise mitigation purposes on or
off the airport."
D. Amendments to the Memorandum of Understanding
This MOU may be amended only by unanimous consent of all Copermittees. No amendment shall be
effective unless it is in writing and signed by the duly authorized representatives of the Copermittees.
E. Governing Law
This MOU shall be governed and construed in accordance with the laws of the State of California. If any
provision or provisions shall be held to be invalid, illegal, or unenforceable, the validity, legality, and
enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
The headings used throughout this MOU are for convenience only and do not in any way limit or amplify
the terms or provisions of the MOU.
F. Consent and Breach Not Waiver
No term or provision hereof shall be deemed waived and no breach excused, unless such waiver or
consent shall be in writing and signed by the Copermittee to have waived or consented. Any consent by
any Copermittee to, or waiver of, a breach by the other, whether expressed or implied, shall not constitute
a consent to, waiver of, or excuse for any other different or subsequent breach.
G. No 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
Copermittee'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.
San Diego Regional Stormwater Copermittees MOU - 14 - Fourth Amended: October 22, 2019
I. Right to Audit
Each Party retains the right to review and audit, and the reasonable right of access to other Parties'
respective premises to review and audit the other Parties' compliance with the provisions of this MOU
(Party's Right). The Party's Right includes the right to inspect and photocopy same, and to retain copies,
outside of the Parties' premises, of any and all records, including any and all books, records, and
documents, related to this MOU with appropriate safeguards, if such retention is deemed necessary by the
auditing Party in its sole discretion. This information shall be kept by the auditing Party in the strictest
confidence allowed by law.
J. Execution of Agreement
This MOU may be executed in counterpart and the signed counterparts shall constitute a single
instrument. In the event that any Copermittee is unable to execute this amendment prior to August 31,
2019, execution of this amendment after that date shall constitute ratification of this amendment, and the
MOU and extensions shall be in effect once all signatures are obtained.
San Diego Regional Stormwater Copermittees MOU - 15 - Fourth Amended: October 22, 2019
Except as hereinabove amended, the Fourth Amended National Pollutant Discharge Elimination System,
San Diego Regional Stormwater Copermittees, Memorandum of Understanding shall remain in full force
and effect. In the event of a conflict between the provision of the MOU and those of this Amendment, this
Amendment shall control.
IN WITNESS WHEREOF, this Fourth Amended MOU is executed as follows:
Date: c P Ic C.p/l 5]
Approved as to form.
By )0,,i9/10
Matt Hall
Mayor
City of Carlsbad
Date: By:
Amanda Guy
Deputy City Attorney
City of Carlsbad
San Diego Regional Stormwater Copermittees MOU 2019
Except as hereinabove amended, the Fourth Amended National Pollutant Discharge Elimination System,
San Diego Regional Stormwater Copermittees, Memorandum of Understanding shall remain in full force
and effect. In the event of a conflict between the provision of the MOU and those of this Amendment, this
Amendment shall control.
IN WITNESS WHEREOF, this Fourth Amended MOU is executed as follows:
City of Chula Vista, Copermittee
Date:
�C'Sr By: /LLY
Mary C las Salas, Mayor
Approved as to form and legality.
City Attorney
Date:
Attest:
� Lf --(19
By:
San Diego Regional Stormwater Copermittees MOU 2019
CITY OF CORONADO
PUBLIC SERVICES & ENGINEERING
1825 STRAND WAY TEL: (619) 522-7383
CORONADO, CA 92118-3005 FAX: (619) 522-2408
Except as herein above amended, the Fourth Amended National Pollutant Discharge Elimination
System, San Diego Regional Storm Water Copermittees, Memorandum of Understanding shall
remain in full force and effect. In the event of a conflict between the provision of the MOU and
those of this Amendment, this Amendment shall control.
IN WITNESS WHEREOF, this Fourth Amended MOU is executed as follows:
Date: March 5, 2019
Approved as to form and legality:
By: rte— )
Date: March 5, 2019 13y:
Blair King, City Mana
San Diego Regional Storm Water Copermittees MOU 2019
anla', City Attorney
Except as hereinabove amended, the Fourth Amended National Pollutant Discharge Elimination System,
San Diego Regional Stormwater Copermittees, Memorandum of Understanding shall remain in full force
and effect. In the event of a conflict between the provision of the MOU and those of this Amendment, this
Amendment shall control.
IN WITNESS WHEREOF, this Fourth Amended MOU is executed as follows:
Date: glia/ 2
Approved as to form and legality.
Date:
By:
Scott Huth, City Manager
City of Del Mar
evaney, ity Attorney
City of Del Mar
San Diego Regional Stormwater Copermittees MOU 2019
Except as hereinabove amended, the Fourth National Pollutant Discharge Elimination System.
San Diego Regional Stormwater Copermittees, Memorandum of Understanding shall remain in
full force and effect. In the event of a conflict between the provisions of the MOU and those of
this Amendment, this Amendment shall control.
IN WITNESS Thereof, this Fourth Amendment to MOU is executed as follows:
Dated: — 2` (.q By:
Approved as to form:
CITY OF EL CAJON
Graham Mitchell
City Manager
Attest:
Ang rtez, Ci
areft--•
Date: 12 PaZAMOvi I By:
44.
Morga Fol . y, C. Atto e
San Diego Regional Stormwater Copermittees MOU 2019
Except as hereinabove amended, the Fourth Amended National Pollutant Discharge Elimination System,
San Diego Regional Stormwater Copermittees, Memorandum of Understanding shall remain in full force
and effect. In the event of a conflict between the provision of the MOU and those of this Amendment, this
Amendment shall control.
IN WITNESS WHEREOF, this Fourth Amended MOU is executed as follows:
Date:
01/
Approved as to form and legality.
Date:
en P. Brust, City • anager
C y of Encinitas
By:
GlenSZL:._____
n a ine, City Attorney
City of Encinitas
San Diego Regional Stormwater Copermittees MOU 2019
Except as hereinabove amended, the Fourth Amended National Pollutant Discharge Elimination System,
San Diego Regional Stormwater Copermittees, Memorandum of Understanding shall remain in full force
and effect. In the event of a conflict between the provision of the MOU and those of this Amendment, this
Amendment shall control.
IN WITNESS WHEREOF, this Fourth Amended MOU is executed as follows:
Date: v;' 1q t l
Approved as to form and legality.
E-40
By:
Jeffrey R. Epp
City Manager
City of Escondido
Date: 2 - /2 -/7 By:
Adam C. P /�'.s
Sr. Deputy ity Attorney
City of Escondido
San Diego Regional Stormwater Copermittees MOU 2019
Except as hereinabove amended, the Fourth Amended National Pollutant Discharge Elimination System,
San Diego Regional Stormwater Copermittees, Memorandum of Understanding shall remain in full force
and effect. In the event of a conflict between the provision of the MOU and those of this Amendment, this
Amendment shall control.
IN WITNESS WHEREOF, this Fourth Amended MOU is executed as follows:
Date:
Approved as to form and legality.
Date:
Andy Hall
City Manager
City of Imperial Beach, Copermittee
San Diego Regional Stormwater Copermittees MOU 2019
Except as hereinabove amended, the Fourth Amended National Pollutant Discharge Elimination System,
San Diego Regional Stormwater Copermittees, Memorandum of Understanding shall remain in full force
and effect. In the event of a conflict between the provision of the MOU and those of this Amendment, this
Amendment shall control.
IN WITNESS WHEREOF, this Fourth Amended MOU is executed as follows:
Date:
Approved as to form and legality.
Date:
3/h VI S
By:
Mark Arapostathis
Mayor
City of La Mesa
By: 11}2.
Glenn Sabine
City Attorney
City of La Mesa
San Diego Regional Stormwater Copermittees MOU 2019
Except as hereinabove amended, the Fourth Amended National Pollutant Discharge Elimination System,
San Diego Regional Stormwater Copermittees, Memorandum of Understanding shall remain in full force
and effect. In the event of a conflict between the provision of the MOU and those of this Amendment. this
Amendment shall control.
IN WITNESS WHEREOF, this Fourth Amended MOU is executed as follows:
Date:..
Approved as to form and legality.
Date:
Lydia Romero
City Manager
Kristen Steinke
City Attorney
CITY. OF LEMON GROVE
3232 Main Street
Lemon Grove. CA 91945-1797
San Diego Regional Stormwater Copermittees MOU 2019
Except as hereinabove amended, the Fourth Amended National Pollutant Discharge Elimination System,
San Diego Regional Stormwater Copermittees, Memorandum of Understanding shall remain in full force
and effect. In the event of a conflict between the provision of the MOU and those of this Amendment, this
Amendment shall control.
IN WITNESS WHEREOF, this Fourth Amended MOU is executed as follows:
Date:
49127 f t1
Approved as to form and legality.
61 Date: 0- 24. 1
By: `�•
Bra. 11 . , 'sy Manager
Bv:
San Diego Regional Stormwater Copermittees MOU 2019
City of National City
-dor" —moi
dgil .ins -Jones, ity Attorney
ity of National City
Except as hereinabove amended, the Fourth Amended National Pollutant Discharge Elimination System,
San Diego Regional Stormwater Copermittees, Memorandum of Understanding shall remain in full force
and effect. In the event of a conflict between the provision of the MOU and those of this Amendment, this
Amendment shall control.
IN WITNESS WHEREOF, this Fourth Amended MOU is executed as follows:
Date: £la's `1ci
Approved as to form aid-1®g$htyli' .
Date:
May 23rd, 2019
B
San Diego Regional Stormwater Copermittees MOU 2019
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF OCEANSIDE
CITY OF OCEANSIDE
DEPARTMENT OF THE CITY CLERK
ZEB NAVARRO
CERTIFICATION
I, Vaida Pavolas, Assistant City Clerk of the City of Oceanside, hereby certify that the
foregoing is a true and correct copy of The Fourth Amended National Pollutant
Discharge Elimination System, San Diego Regional Stormwater Copermittees
Memorandum of Understanding, which was adopted by the Oceanside City Council on
Ma v 22 2019.
Date:
V:'Ja Pa olas, A= ant City Clerk
Ci of Oceanside, Califomia
CITY HALL NORTH • 300 NORTH COAST HIGHWAY • OCEANSIDE, CA 92054-2885 • (760) 435-3000 • FAX (760) 967-3922
Except as hereinabove amended, the Fourth Amended National Pollutant Discharge Elimination System,
San Diego Regional Stormwater Copermittees, Memorandum of Understanding shall remain in full force
and effect. In the event of a conflict between the provision of the MOU and those of this Amendment, this
Amendment shall control.
IN WITNESS WHEREOF, this Fourth Amended MOU is executed as follows:
Date:
3/6 /17
Approved as to form and legality.
Date:
3(57(7
By:
Ci f Poway, C • permi ee _
Robert J. Manis
Director of Development Services
By:
Alan Fenstermacher
City Attorney
San Diego Regional Stormwater Copermittees MOU 2019
Except as hereinabove amended, the Fourth Amended National Pollutant Discharge Elimination System,
San Diego Regional Stonnwater Copermittees, Memorandum of Understanding shall remain in full force
and effect. In the event of a conflict between the provision of the MOU and those of this Amendment, this
Amendment shall control.
IN WITNESS WHEREOF, this Fourth Amended MOU is executed as follows:
For the City of San Diego
Date:
By:
Title:
011z1 /1/b�
istin Peralta
Director
Approved as to forma
Date:/O - Z Z - ZO ['7 By•
San Diego Regional Stormwater Copermittees MOU 2019
Tacvh.i A . M!
Allofryiej
Except as hereinabove amended, the Fourth Amended National Pollutant Discharge Elimination System,
San Diego Regional Stormwater Copermittees, Memorandum of Understanding shall remain in full force
and effect. In the event of a conflict between the provision of the MOU and those of this Amendment, this
Amendment shall control.
IN WITNESS WHEREOF, this Fourth Amended MOU is executed as follows:
By:
San Diego Regional Stormwater Copermittees MOU 2019
Except as hereinabove amended, the Fourth Amended National Pollutant Discharge Elimination System,
San Diego Regional Stormwater Copermittees, Memorandum of Understanding shall remain in full force
and effect. In the event of a conflict between the provision of the MOU and those of this Amendment, this
Amendment shall control.
IN WITNESS WHEREOF, this Fourth Amended MOU is executed as follows:
Date:
Approved as to form and legality.
Dater 5/Zor I5 sN
By:4
By:
San Diego Regional Stormwater Copermittees MOU 2019
Marlene Best
City Manager
City of Santee
Shawn Hagerty
City Attorney
City of Santee
Except as hereinabove amended, the Fourth Amended National Pollutant Discharge Elimination System,
San Diego Regional Stormwater Copermittees, Memorandum of Understanding shall remain in full force
and effect. In the event of a conflict between the provision of the MOU and those of this Amendment, this
Amendment shall control.
IN WITNESS WHEREOF, this Fourth Amended MOU is executed as follows:
CITY OF SOLANA BEACH,
a municipal Corporation
ATTEST:
• ade, City Manager Date
\1 A Pt ,/ '///
-� �- a4 9,,,,
`:: 0 ...' ,* 08,47 »- C
�. _ca� t= -mss-/
77
City Clerk\'z- � Date
ngela Ive
APPROVED AS TO FORM AND LEGALITY:
na N. Canlas, City Attorney
111
Date
San Diego Regional Stormwater Copermittees MOU 2019
Except as hereinabove amended, the Fourth Amended National Pollutant Discharge Elimination System,
San Diego Regional Stormwater Copermittees, Memorandum of Understanding shall remain in full force
and effect. In the event of a conflict between the provision of the MOU and those of this Amendment, this
Amendment shall control.
IN WITNESS WHEREOF, this Fourth Amended MOU is executed as follows:
Date:
Lr, Jnr 9 By:
Approved as to form and legality.
Date:
q) acs r p
By:
San Diego Regional Stormwater Copermittees MOU 2019
ity of Vista, Copermittee
dy Ritter, Mayor
City Attome
Darold Pieper
Except as hereinabove amended, the Fourth Amended National Pollutant Discharge Elimination System,
San Diego Regional Stormwater Copermittees, Memorandum of Understanding shall remain in full force and
effect. In the event of a conflict between the provision of the MOU and those of this Amendment, this
Amendment shall control.
IN WITNESS WHEREOF, this Fourth Amended MOU is executed as follows:
County of San Diego
Date:
/0/3/1
Approved as to form and legality.
By:
Thomas
Senior Deputy County Counsel
Date: 10 /3 1 11
B
Brian Albright
Director, Department of Public Works
San Diego Regional Stormwater Copermittees MOU 2019
PORTof
SAN DIEGO
Except as hereinabove amended, the Fourth Amended National Pollutant Discharge
Elimination System, San Diego Regional Stormwater Copermittees, Memorandum of
Understanding shall remain in full force and effect. In the event of a conflict between the
provision of the MOU and those of this Amendment, this Amendment shall control.
IN WITNESS WHEREOF, this Fourth Amended MOU is executed as follows:
Date: &--/ -77
Approved as to form and legality.
Date: C( tilt
on H. Giffen
sistant Vice President,
xecutive Office
San Diego Unified Port District,
Copermittee
By: -
Joh ► . ' arter
General Counsel V
ce of General Counsel
an Diego Unified Port District
Port of San Diego, 3165 Pacific Highway, San Diego, CA 92101 SDtJPD Doc No. 1189452
Page 1 of 1
Except as hereinabove amended, the Fourth Amended National Pollutant Discharge Elimination System,
San Diego Regional Stormwater Copermittees, Memorandum of Understanding shall remain in full force
and effect. In the event of a conflict between the provision of the MOU and those of this Amendment, this
Amendment shall control.
IN WITNESS WHEREOF, this Fourth Amended MOU is executed as follows:
Date: 9' By:
Approved as to form and legality.
}
110K mer Becker, Press+ ent/ ' EO
San Diego County Regional Airport Authority, Copermittee
APPROVED AS TO FORM
.7camEr+etx
Director. counsel SeMces
Date: By: Ste`
San Diego Regional Stormwater Copermittees MOU 2019
Third Amendment to National Pollutant Discharge Elimination System
San Diego Regional Stormwater Copermittees
MEMORANDUM OF UNDERSTANDING
July 2, 2015
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 stormwater 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, but do so without waiving and expressly subject to any and all objections and
appeals made by any Copermittee in response to any NPDES Permit; 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, May 8, 2013, the Regional Board issued an NPDES permit as Order No. R9-2013-
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;
NOW, THEREFORE, the parties hereto do mutually agree as follows:
San Diego Regional Stormwater Copermittees MOU - 1 - Third Amendment: July 2, 2015
I. DEFINITIONS
At Large means representing all of the Copermittees of this MOU.
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.
Consensus means general agreement reached between the participants of a Working Body.
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.
Program Planning Subcommittee is composed as described in Section III.C.4 and 5.
Regional General Programs are activities that apply to all Copermittees, or that provide a regional
benefit to Copermittees as determined by the Regional Management Committee.
Regional Principal Permittee is the County of San Diego unless another Regional Principal
Permittee is selected in accordance with Section III.B.5. In addition to the responsibilities of all
Copermittees described in Section I1, the Regional Principal Permittee provides general coordination
for the development and implementation of Regional General Programs, including the specific tasks
and responsibilities described in Section III.A.t.b.
Regional Stormwater Management Committee or Management Committee is composed as
described in Section III.B.2.
Representative means a Copermittee staff member or consultant who serves as a point of contact
and/or participant in the activities of a Working Body on behalf of the Copermittee. Except as
described in Section III.B (Regional Stormwater Management Committee), 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 applicable
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;
preparing and sending out meeting notifications and agendas; arranging for meeting rooms and
San Diego Regional Stormwater Copermittees MOU - 2 - Third Amendment: July 2, 2015
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 identified both as a Copermittee under
Table 1.a and a Responsible Copermittee under any Watershed Management Area as defined in
Table B-1 of the Permit.
Watershed General Programs are activities that apply to the Copermittees comprising any
individual Watershed Management Area (WMA) defined in Table B-1 of the Permit, or providing a
general benefit to Copermittees within the WMA as determined by a Watershed Workgroup.
Working Body means Committees, Subcommittees, Workgroups, Sub -workgroups, or any other
group of Copermittees' employees assembled to conduct specific tasks required by, for, or in
furtherance of, compliance with the Permit.
Working Body Support means those tasks associated with carrying out the responsibilities of the
Working Body. This includes researching, drafting, modifying, and finalizing work products such as
work plans, budgets, and meeting materials. Working Body Support does not include chairing or co-
chairing meetings or tasks that are equitably divided amongst the Representatives of the Working
Body. Working Body Support tasks are reimbursable, and may be contracted by any participating
Copermittee.
II. RESPONSIBILITIES OF ALL COPERMITTEES
The following apply to General Programs.
A. Performance and Reimbursement of Tasks
1. Any individual Copermittee performing tasks necessary to fulfill budgeted General Program
responsibilities for a Working Body 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 is entitled to reimbursement of contract
San Diego Regional Stormwater Copermittees MOU - 3 - Third Amendment: July 2, 2015
management costs at a rate of 5% of the total contract cost or as otherwise agreed on by the
participating Copermittees.
3. Any Copermittee performing tasks other than contract administration or voluntarily 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.
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, but shall first make a good faith effort to carry out or transfer
existing responsibilities to another party.
B. Fiscal Responsibilities
1. Division of Shared General Program Costs
a. Prior to the allocation of shared costs, each proposed or approved budget task or
sub -task shall be identified as either a Regional General Program cost or a
Watershed 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.
(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
San Diego Regional Stormwater Copermittees MOU - 4 - Third Amendment: July 2, 2015
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 vote of all
Copermittees. For cost sharing that applies only to a group that contains
fewer than all Copermittees, a unanimous vote is required of all affected
Copermittees.
(2) Special Formulas.
(3)
Special Formulas may be applied to any shared Regional or Watershed
General Program cost, and require the unanimous vote of the
Copermittees participating in the cost.
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. Copermittee in-kind contributions may include Working
Body Support.
2. Work Plans and Shared Cost Budgets
a. Limitations on Cost-sharing
General Program activities that may be cost -shared by the Copermittees include
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.
Examples of such activities include:
(1)
Development or implementation of any program requirements of the MS4
Permit, such as, the BMP Design Manual, regional education and outreach,
or Water Quality Improvement Plans;
(2) Public participation activities, such as facilitating public meetings and
workshops;
(3) Program assessment;
(4) Plan updates;
(5) Water quality monitoring, assessment and reporting;
(6) Annual reporting, including establishment and management of data and
information clearinghouses;
(7) Preparation of technical analyses, recommendations and comments
regarding the MS4 Permit, total maximum daily loads, and other relevant
storm water quality regulations;
San Diego Regional Stormwater Copermittees MOU - 5 - Third Amendment: July 2, 2015
(8) Preparation of documents required by the MS4 Permit, such as Reports of
Waste Discharge; and
(9) Special studies related to storm water quality -related pollutants, their
sources, and potential best management practices.
b. Regional Work Plans and Shared Cost Budgets
1. No later than October 31st of each year, each Regional Working Body shall prepare
and submit to the Planning Subcommittee a Work Plan and Shared Costs Budget for
the upcoming Fiscal Year.
2. Each Work Plan shall identify the parties that will serve as a Working Body Chair,
Co-chair, or Secretary for the upcoming Fiscal Year. These assignments will be
served on a fiscal year basis, and shall be for a minimum term of one year.
3. A Copermittee may not be compelled to act, or continue acting, as a Working Body
Chair, Co-chair, or Secretary, and may at any time terminate an existing assignment.
Before doing so, the Copermittee shall first make a good faith effort to carry out or
transfer existing responsibilities.
4. Each budget 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.
5. 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 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 Shared Costs Budget shall be prepared,
approved by the Management Committee, and distributed to the Copermittees no
later than January 31S` of each year. The consolidated Regional Work Plan and
Shared Costs Budget shall also identify the party or parties serving as Regional
General Program operations fund managers.
6. Modifications to any adopted Regional Work Plan and Shared Costs Budget that
will result in an overall increase in cost require the approval of the Regional
Management Committee.
c. Watershed Work Plans and Shared Cost Budgets
1. Each Watershed Workgroup, for which costs will be shared, shall prepare, adopt,
and distribute to the participating Copermittees a Watershed Work Plan and Shared
Costs Budget.
2. Each Watershed Work Plan and Shared Costs Budget 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. It shall also identify the party
or parties serving as Watershed General Program operations fund managers.
3. Modifications to any adopted Watershed Shared Costs Budget and Work Plan that
will result in an overall increase in cost require the unanimous approval of the
applicable Copermittees.
3. Cumulative Budget Limits
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a. The total Shared Cost Budget authorized under this MOU may not exceed the
Cumulative Limits specified for each spending category in Table 1. These values
represent the maximum amount that may be cost -shared for each spending category
for the duration of this MOU. They do not represent funding commitments. Once a
Cumulative Limit has been reached, the Copermittees must establish separate
agreements for sharing additional costs for that budget category. The estimated
annual limits shown for each fiscal year are for planning purposes only. Where an
estimated annual limit is not reached in any fiscal year, the surplus amount may be
carried over into subsequent fiscal years, so long as the Cumulative Limit is not
exceeded. Budget limits apply only to their designated budget category. They may
not be exchanged or credited across budget categories. Spending in each budget
category may not exceed the applicable Cumulative Limit under any circumstances.
Table 1: Not -to -exceed Limits by Budget Cate2o
4. Management and Payment of Funds
a. For Regional General Programs, the Copermittees shall each pay a yearly
assessment into one or more Regional General Program operations funds for their
respective 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.
b. For Watershed General Programs, the applicable Watershed Copermittees shall each
pay an assessment into one or more Watershed General Program operations funds
for their assigned portion of any Watershed Shared Costs Budget approved pursuant
to this MOU. Each Watershed General Program operations fund shall be managed
San Diego Regional Stormwater Copermittees MOU - 7 - Third Amendment: July 2, 2015
Estimated Annua
Spending Limits
Cumulative
Limit
Budget
Category
FY 2015-16
FY 2016-17
FY 2017-18
FY 2018-
19
1. Regional
General
Pro l rams
2. Watershed
General
Pro l rams
$1,782,597
$779,025
$900,200
$823,550
$1,000,200
$697,091
$900,200
$975,456
$4,583,197
$3,275,122
a) San Luis Rey
WMA
b) San Dieguito
WMA
$337,944
$854,136
$340,950
$545,203
$2,078,233
c) Los
Penasquitos
WMA
$744,313
$804,510
$561,095
$680,663
$2,790,581
d) San Diego
River WMA
$1,151,733
$742,219
$574,802
$800,161
$3,268,915
e) San Diego
Bay WMA
$1,260,000
$862,000
$1,038,000
$924,000
$4,084,000
f) Tijuana
River WMA
$400,000
$450,000
$320,000
$375,000
$1,545,000
3. Total Not -to-
exceed Amount
$6,485,612
$5,436,615
$4,532,138
$5,200,683
$21,625,048
4. Management and Payment of Funds
a. For Regional General Programs, the Copermittees shall each pay a yearly
assessment into one or more Regional General Program operations funds for their
respective 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.
b. For Watershed General Programs, the applicable Watershed Copermittees shall each
pay an assessment into one or more Watershed General Program operations funds
for their assigned portion of any Watershed Shared Costs Budget approved pursuant
to this MOU. Each Watershed General Program operations fund shall be managed
San Diego Regional Stormwater Copermittees MOU - 7 - Third Amendment: July 2, 2015
by the Watershed Lead Permittee, or any other Watershed Permittee on approval of
the participating Copermittees.
c. The Copermittee managing each General Program operations fund shall provide
Budget Balance and Expenditure Status Reports 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.
Differences in the approved actual cost of expenses from those budgeted shall be
either credited or added as appropriate to the amount of the Copermitttee's share. In
the event that any Copermittees' share of the next fiscal year's costs is less than the
amount to be credited, the difference shall be refunded to the Copermittee. Refunds
shall be provided to Copermittees no later than 90 days after final accounting.
h. At its discretion, a Copermittee managing a General Program operations fund may,
prior to the completion of a fiscal year, make payment to any Copermittee providing
Working Body Support, Contract Administration, in-kind services, or incurring
other budgeted expenditures on behalf of other Copermittees so long as all of the
conditions of Section II B.4.f above have been satisfied and there are sufficient
funds available to make a payment without requiring additional contributions or
jeopardizing program objectives. If for some reason excess payment is made, the
Copermittee receiving the payment agrees to return the additional payment without
any recourse against the managing Copermittee.
g.
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. The County or any other Copermittee may not be compelled to act, or continue
acting, as Principal Permittee. A Copermittee may at any time terminate its
assignment as Principal Permittee, but shall first make a good faith effort to carry
out or transfer existing responsibilities.
b. In addition to the responsibilities of all Copermittees described in Section II, the
Principal Permittee shall provide general coordination for the development and
San Diego Regional Stormwater Copermittees MOU - 8 - Third Amendment: July 2, 2015
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) Maintain a current contact list of Copermittees and interested parties.
(3) 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.
B. Regional Stormwater Management Committee
1. The purpose of the Regional Stormwater Management Committee (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 Representative of each Copermittee. Each
Copermittee shall have one vote.
3. The Management Committee shall meet at least annually.
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. Formally approve the recommendations, work products, and deliverables of
Working Bodies presented for consideration;
g. Adopt an Annual Regional Work Plan and Shared Costs Budget in accordance with
the budgetary limits set forth in Table 1;
h. Approve an Annual Regional Work Plan and Shared Costs Budget; and
i. Approve 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. A reassignment or change
in the responsibilities of the Principal Permittee requires a three-fourths majority approval of
all Copermittees.
6. Voting Requirements for the Management Committee
San Diego Regional Stormwater Copermittees MOU - 9 - Third Amendment: July 2, 2015
a. For a meeting or a vote to be held, a quorum of a Two-thirds Majority of voting
representatives of the Management Committee must either be present or participate
remotely via legally acceptable electronic communication (telephone, voice over
internet protocol, etc.).
b. Management Committee voting shall not be conducted outside of meetings (e.g., by
email).
c. For a motion to be approved, an affirmative vote of a Simple Majority of the
Management Committee is needed.
d. On approval of the Management Committee, activities undertaken by a subset of
Copermittees, but providing a regional benefit to Copermittees, may be considered
Regional General Programs.
e. Approval of any shared cost requires a unanimous vote of all Copermittees
participating in the cost.
7. 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 purposes of the Regional Program Planning Subcommittee (Planning Subcommittee)
shall be to provide regional coordination of urban runoff management activities, to develop
and implement Regional General Programs, and to coordinate the activities of Working
Bodies.
2. 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. Establish or modify Regional Workgroups to review specific issues, make
recommendations, or conduct work in support of shared regional priorities or
objectives;
d. Oversee, coordinate, and track the progress of As -Needed Regional Workgroups in
developing specific work products, responding to information requests, and
completing tasks;
e. Establish and maintain a calendar of Copermittee meetings and events;
f. Conduct regional program planning including developing an Annual Regional Work
Plan and Shared Costs Budget for Management Committee consideration and
approval;
g. Review and recommend Management Committee approval of work products,
recommendations, and requests of Regional Workgroups for consideration and
approval;
h. Annually receive, review, comment on, and consolidate the recommended Work
Plans and Shared Costs Budgets of each Regional Workgroup;
i. Coordinate and liaise with Regional Board staff, stakeholders, regulated parties, and
other interested parties to identify and explore key regional issues and concerns.
j. Provide Representation to the California Stormwater Quality Association (CASQA);
San Diego Regional Stormwater Copermittees MOU - 10 - Third Amendment: July 2, 2015
k. Provide representation or participation for other professional organizations and
societies as appropriate and feasible;
1. Provide regular updates to Copermittees and interested parties via Management
Committee meetings or other appropriate means (e-mail, etc.); and
m. 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.
3. 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.
4. Planning Subcommittee meetings shall be open to all Copermittees; however, voting
membership in any year shall be limited to one representative of each Watershed
Management Area (WMA) listed in Permit Table a.1 except the South Orange County
WMA. Any Copermittee may only represent one WMA. For each fiscal year, each WMA
will designate a Copermittee as a voting member of the Planning Subcommittee prior to the
beginning of that fiscal year. Each WMA may also designate an alternate voting member.
5. Each voting member shall be considered an at -large member. Their purpose is to represent
the interests of all Copermittees of this MOU rather than those of their specific WMAs.
6. 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. However, the Planning Subcommittee may approve changes to approved
Annual Regional Work Plans and Shared Costs Budgets within approved annual budget
limits.
7. Voting Requirements for the Planning Subcommittee:
a.
b.
The Planning Subcommittee shall only make advisory recommendations for items
requiring Management Committee approval.
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.
8. Meetings of the Planning Subcommittee, 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 Planning Subcommittee, 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.
D. Regional Workgroups
1. The purpose of Regional Workgroups is to provide staffing and perform tasks and develop
work products requested by the Regional Management Committee or the Regional Program
Planning Subcommittee, and provide related coordination of activities and work products
with stakeholders and interested parties. Regional Workgroups are advisory to the
Management Committee through the Planning Subcommittee.
2. Copermittee participation on Regional Workgroups is voluntary.
San Diego Regional Stormwater Copermittees MOU - 11 - Third Amendment: July 2, 2015
3. No minimum meeting frequency is required. The Regional Workgroups shall meet as
necessary to coordinate the performance of specified work products as staff to implement the
Permit.
4. At a minimum, each Regional Workgroup shall have the following responsibilities:
a. Facilitate consistency in the development, implementation, review, and revision of
General Programs, and develop associated reports and work products.
b. By October 31st of each year, prepare and submit to the Planning Subcommittee a
recommended Work Plan for the activities of the Workgroup 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.
c. Provide subject area input to other Regional Workgroups as needed.
As necessary, coordinate and liaise with Regional Board staff, stakeholders,
regulated parties, and other interested parties regarding applicable tasks.
5. Voting Requirements for Regional Workgroups
a. Regional Workgroups shall make consensus support staff recommendations to the
Planning Subcommittee, who shall in turn make recommendations for formal votes
to the Management Committee.
b. Regional Workgroups may use any voting methodology they deem appropriate to
develop consensus, and, as applicable, shall present minority or dissenting
recommendations for consideration.
c. Regional Workgroups may conduct votes outside of meetings (e.g., by email) as
appropriate.
IV. WATERSHED GENERAL PROGRAMS
The following apply to Watershed General Programs.
A. Watershed Workgroups
1. The purpose of Watershed Workgroups is to allow Copermittees within a Watershed
Management Area to share costs for watershed activities and programs. Watershed
Workgroups may use this MOU to share costs for convenience, but are not required to do so.
2. No action is required for the Copermittees within a Watershed Management Area to
establish a Watershed Workgroup.
3. Watershed Workgroups may share costs as part of this MOU up to the cumulative limits
identified in Table 1. These values represent the maximum amount that may be cost -shared
by a Watershed Workgroup for the duration of this MOU. They do not represent funding
commitments. Once a cumulative limit has been reached, the Watershed Copermittees must
establish separate agreements for sharing additional costs. Costs that may be shared by
Watershed Workgroups are identified in section II.B.2.a.
4. Management and payment of funds by Watershed Workgroups shall be conducted in
accordance with the requirements of section II.B.4. Any Watershed Copermittee may
manage a Watershed General Program operations fund.
5. No minimum meeting frequency is required for any Watershed Workgroup. The Watershed
Workgroups shall meet as necessary to coordinate the performance of specified work tasks
as staff to implement the Permit.
San Diego Regional Stormwater Copermittees MOU - 12 - Third Amendment: July 2, 2015
6. On approval of the Watershed Workgroup, activities undertaken by a subset of Watershed
Copermittees, but providing a general benefit to Copermittees within the WMA, may be
considered Watershed General Programs.
7. Watershed Workgroups may use any method they deem appropriate to conduct votes or
develop consensus. However, the following requirements shall apply for any vote to share
costs:
a. The voting membership of each Watershed Workgroup shall consist of one
designated voting representative for each Watershed Copermittee participating in the
cost; and
b. For a vote to pass, an affirmative vote of all Copermittees participating in the cost is
needed.
8. Meetings of any Watershed Workgroup, including any closed sessions with legal counsel,
shall be conducted in accordance with the `Brown Act" (Government Code Section 54950 et
seq.) as applicable. Except for official meetings of a Watershed Workgroup, 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.
V. 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 attempt to settle the dispute in an amicable manner, using mediation under
the Mediation Rules of the American Arbitration Association [AAA] or any other neutral
organization agreed to by the parties. A mediation session is required 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 all 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 in the
mediation process will be confidential settlement negotiations under Ca. Evidence Code
section 1152. 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.
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
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.
San Diego Regional Stormwater Copermittees MOU - 13 - Third Amendment: July 2, 2015
A.
VI. GENERAL PROVISIONS
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 through August 2019, or with the life of the current Permit
plus twelve months, whichever is longer. For purposes of this paragraph, any permit
renewal or replacement after May 2019 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. 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.
c. 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 VI.B.1.a. has been met.
d. 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 VI.B.1.a.
e. 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
1. 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.
2. Limitations on Use of Funds. Notwithstanding the rights and obligations of the Parties
created by this MOU, no Party may be found in breach of this MOU where compliance
would require that Party to violate any law or grant assurance, including but not limited to
provisions of the Federal Aviation Administration 1999 Policy and Procedure Concerning
the Use of Airport Revenue [64 Fed. Reg. 7696, dated Feb. 16, 1999]; the Airport and
Airway Improvement Act of 1982 codified at 49 U.S.C. § 47107(b); the Federal Aviation
Administration Authorization Act of 1994, P.L. 103-305 (Aug. 23, 1994); the Airport
Revenue Protection Act of 1996, Title VIII of the Federal Aviation Administration Act of
San Diego Regional Stormwater Copermittees MOU - 14 - Third Amendment: July 2, 2015
1996, P.L. 104-264 (Oct. 9, 1996), 110 Stat. 3269 (Oct. 9, 1996); 49 U.S.C. § 46301(n)(5);
and 49 U.S.C. § 47133. The Parties recognize that the Authority has received federal Airport
Improvement Project ("AIP") grants containing grant assurance 25, which provides: "All
revenues generated by the airport ... will be expended by it for the capital or operating costs
of the airport; the local airport system; or other local facilities which are owned or operated
by the owner or operator of the airport and which are directly and substantially related to the
actual air transportation of passengers or property; or for noise mitigation purposes on or off
the airport."
D. Amendments to the Memorandum of Understanding
This MOU may be amended only by unanimous consent of all Copermittees. No amendment shall
be effective unless it is in writing and signed by the duly authorized representatives of the
Copermittees.
E. Governing Law
This MOU shall be governed and construed in accordance with the laws of the State of California. If
any provision or provisions shall be held to be invalid, illegal, or unenforceable, the validity,
legality, and enforceability of the remaining provisions shall not in any way be affected or impaired
thereby.
The headings used throughout this MOU are for convenience only and do not in any way limit or
amplify the terms or provisions of the MOU.
F. Consent and Breach Not Waiver
No term or provision hereof shall be deemed waived and no breach excused, unless such waiver or
consent shall be in writing and signed by the Copermittee to have waived or consented. Any consent
by any Copermittee to, or waiver of, a breach by the other, whether expressed or implied, shall not
constitute a consent to, waiver of, or excuse for any other different or subsequent breach.
G. No 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 Copermittee'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.
San Diego Regional Stormwater Copermittees MOU - 15 - Third Amendment: July 2. 2015
I. Right to Audit
Each Party retains the right to review and audit, and the reasonable right of access to other Parties'
respective premises to review and audit the other Parties' compliance with the provisions of this
MOU (Party's Right). The Party's Right includes the right to inspect and photocopy same, and to
retain copies, outside of the Parties' premises, of any and all records, including any and all books,
records, and documents, related to this MOU with appropriate safeguards, if such retention is
deemed necessary by the auditing Party in its sole discretion. This information shall be kept by the
auditing Party in the strictest confidence allowed by law.
J. Execution of Agreement
This MOU may be executed in counterpart and the signed counterparts shall
constitute a single instrument. In the event that any Copermittee is unable to execute this
amendment prior to August 31, 2015, execution of this amendment after that date shall constitute
ratification of this amendment, and the MOU and extensions shall be in effect once all signatures are
obtained.
San Diego Regional Stormwater Copermittees MOU - 16 - Third Amendment: July 2, 2015
Except as hereinabove amended, the National Pollutant Discharge Elimination System, San Diego
Regional Stormwater Copermittees, Memorandum of Understanding shall remain in full force and effect.
In the event of a conflict between the provisions of the MOU and those of this Amendment, this
Amendment shall control.
IN WITNESS WHEREOF, this Third Amendment to MOU is executed as follows:
Dated: ?//4/( -5 --
COUNTY
OF SAN DIEGO
By:
-,1( E
San Diego Regional Stormwater Copermittees MOU - 17 - Third Amendment: July 2, 2015
Except as hereinabove amended, the National Pollutant Discharge Elimination System, San Diego
Regional Stormwater Copermittees, Memorandum of Understanding shall remain in full force and effect.
In the event of a conflict between the provisions of the MOU and those of this Amendment, this
Amendment shall control.
IN WITNESS WHEREOF, this Third Amendment to MOU is executed as follows:
Date:
H. Giffen, Director
ronmental & Land Us Management
an Diego Unified Port District, Copermittee
Approved as to form and legality:
L COUN
, Deputy
San Diego Regional Stormwater Copermittees MOU - 18 - Third Amendment: July 2, 2015
Except as hereinabove amended, the National Pollutant Discharge Elimination
System, San Diego Regional Stormwater Copermittees, Memorandum of Understanding shall
remain in full force and effect. In the event of a conflict between the provisions of the MOU and
those of this Amendment, this Amendment shall control.
1N WITNESS THEREOF, this Third Amendment to MOU is executed as follows:
Date:
APPROVED AS TO FORM:
City Attorney
Z'izz', ;;,
City of art Diego, Coper
Wt -Z. GOMEZ , ' , CzN► taE
A11.1 t tteOFFtexe_
v..0-¢4‘4iWucruQrc/ RSP* C u-to¢ti
San Diego Regional Stormwater Copermittees MOU - 19 - Third Amendment: July 2, 2015
(-2O589
Except as hereinabove amended, the National Pollutant Discharge Elimination System, San Diego
Regional Stormwater Copermittees, Memorandum of Understanding shall remain in full force and effect.
In the event of a conflict between the provisions of the MOU and those of this Amendment, this
Amendment shall control.
IN WITNESS WHEREOF, this Third Amendment to MOU is executed as follows:
Date:
/a,
City of Carlsbad, Copermittee
San Diego Regional Stormwater Copermittees MOU - 20 - Third Amendment: July 2, 2015
Except as hereinabove amended, the National Pollutant Discharge Elimination System, San Diego
Regional Stormwater Copen,nittees, Memorandum of Understanding shall remain in full force and effect.
In the event of a conflict between the provisions of the MOU and those of this Amendment, this
Amendment shall control.
IN WITNESS WHEREOF, this Third Amendment to MOU is executed as follows:
City of Chula Vista, Copermittee
Dated: Ct--/g rS By:
APPROVED AS TO FORM:
City Attorney
Mary sillas Salas, Mayor
_,A;
Donna Norris, ity Cl rk
San Diego Regional Stormwater Copermittees MOU - 21 - Third Amendment: July 2, 2015
Except as hereinabove amended, the National Pollutant Discharge Elimination System, San Diego
Regional Stormwater Copermittees, Memorandum of Understanding shall remain in full force and effect.
In the event of a conflict between the provisions of the MOU and those of this Amendment, this
Amendment shall control.
IN WITNESS WHEREOF, this Third Amendment to MOU is executed as follows:
Date: 912-0115
APPROVED AS TO FORM:
City of Coronado, Copermiaee
San Diego Regional Stormwater Copermittees MOU - 22 - Third Amendment: July 2, 2015
Except as hereinabove amended, the National Pollutant Discharge Elimination System, San Diego
Regional Stormwater Copermittees, Memorandum of Understanding shall remain in full force and effect.
In the event of a conflict between the provisions of the MOU and those of this Amendment, this
Amendment shall control.
IN WITNESS WHEREOF, this Third Amendment to MOU is executed as follows:
Date:
of E
APPROVED As To FORM:
OFFICE OF THE CITY ATTORNEY
crs( Jeffrey R. Epp, City Attorney
, Copermit e
San Diego Regional Stormwater Copermittees MOU - 23 - Third Amendment: July 2, 2015
Except as hereinabove amended, the National Pollutant Discharge Elimination System, San Diego
Regional Stormwater Copermittees, Memorandum of Understanding shall remain in full force and effect.
In the event of a conflict between the provisions of the MOU and those of this Amendment, this
Amendment shall control.
IN WITNESS WHEREOF, this Third Amendment to MOU is executed as follows:
Date:
Andy Hall
City Manager
City of Imperial Beach, Copermittee
San Diego Regional Stormwater Copermittees MOU - 24 - Third Amendment: July 2, 2015
Except as hereinabove amended, the National Pollutant Discharge Elimination System, San Diego
Regional Stormwater Copermittees, Memorandum of Understanding shall remain in full force and effect.
In the event of a conflict between the provisions of the MOU and those of this Amendment, this
Amendment shall control.
IN WITNESS WHEREOF, this Third Amendment to MOU is executed as follows:
Date:
Approved/ to f.t.
4.1•!
City of La Mesa, Copejmittee
Glenn Sabine, City Attorney, City of La Mesa
San Diego Regional Stormwater Copermittees MOU - 25 - Third Amendment: July 2, 2015
Except as hereinabove amended, the National Pollutant Discharge Elimination System, San Diego
Regional Stormwater Copermittees, Memorandum of Understanding shall remain in full force and effect.
In the event of a conflict between the provisions of the MOU and those of this Amendment, this
Amendment shall control.
IN WITNESS WHEREOF, this Third Amendment to MOU is executed as follows:
Date:
San Diego Regional Stormwater Copermittees MOU - 26 - Third Amendment: July 2, 2015
Except as hereinabove amended, the National Pollutant Discharge Elimination System, San Diego
Regional Stormwater Copermittees, Memorandum of Understanding shall remain in full force and effect.
In the event of a conflict between the provisions of the MOU and those of this Amendment, this
Amendment shall control.
IN WITNESS WHEREOF, this Third Amendment to MOU is executed as follows:
Date:
7/Z3frofS
Ci of Del Mar, Copermittee
San Diego Regional Stormwater Copermittees MOU - 27 - Third Amendment: July 2, 2015
Except as hereinabove amended, the National Pollutant Discharge Elimination System, San Diego
Regional Stormwater Copermittees, Memorandum of Understanding shall remain in full force and effect.
In the event of a conflict between the provisions of the MOU and those of this Amendment, this
Amendment shall control.
IN WITNESS WHEREOF, this Third Amendment to MOU is executed as follows:
Date: ?
APPROVED AS TO FORM:
City Attorney
•
City o ajon, Copermittee
San Diego Regional Stormwater Copermittees MOU - 28 - Third Amendment: July 2, 2015
Except as hereinabove amended, the National Pollutant Discharge Elimination System, San Diego
Regional Stormwater Copermittees, Memorandum of Understanding shall remain in full force and effect.
In the event of a conflict between the provisions of the MOU and those of this Amendment, this
Amendment shall control.
IN WITNESS WHEREOF, this Third Am di en : M $, exec ' as follows:
Date:
Approved . to form:
Glenn Sabine, City Attorney, City of Encinitas
San Diego Regional Stormwater Copermittees MOU - 29 - Third Amendment: July 2, 2015
Except as hereinabove amended, the National Pollutant Discharge Elimination System, San Diego
Regional Stormwater Copermittees, Memorandum of Understanding shall remain in full force and effect.
In the event of a conflict between the provisions of the MOU and those of this Amendment, this
Amendment shall control.
IN WITNESS WHEREOF, this Third Amendment to MOU is executed as follows:
Date: q (- 1 (15
1(W'' t�- v.rt�li
City of LemonGroil, Copermittee
San Diego Regional Stormwater Copermittees MOU - 30 - Third Amendment: July 2, 2015
Except as hereinabove amended, the National Pollutant Discharge Elimination System, San Diego
Regional Stormwater Copermittees, Memorandum of Understanding shall remain in full force and effect.
In the event of a conflict between the provisions of the MOU and those of this Amendment, this
Amendment shall control.
IN WITNESS WHEREOF, this Third Amendment to MOU is executed as follows:
Date:
of National City permittee
San Diego Regional Stormwater Copermittees MOU - 31 - Third Amendment: July 2, 2015
Except as hereinabove amended, the National Pollutant Discharge Elimination System, San Diego
Regional Stormwater Copermittees, Memorandum of Understanding shall remain in full force and effect.
In the event of a conflict between the provisions of the MOU and those of this Amendment, this
Amendment shall control.
IN WITNESS WHEREOF, this Third Amendment to MOU is executed as follows:
Date:
Oceanside, C
City of Oce permittee
San Diego Regional Stormwater Copermittees MOU - 32 - Third Amendment: July 2, 2015
Except as hereinabove amended, the National Pollutant Discharge Elimination System, San Diego
Regional Stormwater Copermittees, Memorandum of Understanding shall remain in full force and effect.
In the event of a conflict between the provisions of the MOU and those of this Amendment, this
Amendment shall control.
IN WITNESS WHEREOF, this Third Amendment to MOU is executed as follows:
Date:
City of Poway, Copermittee
Daniel Singer
City Manager
San Diego Regional Stormwater Copermittees MOU - 33 - Third Amendment: July 2, 2015
Except as hereinabove amended, the National Pollutant Discharge Elimination System, San Diego
Regional Stormwater Copermittees, Memorandum of Understanding shall remain in full force and effect.
In the event of a conflict between the provisions of the MOU and those of this Amendment, this
Amendment shall control.
IN WITNESS WHEREOF, this Third Amendment to MOU is executed as follows:
kil,,...
Melanie Kush, Actin Director
Department of Development Services
CITY OF SANTEE, Copenmittee
Date:
San Diego Regional Stormwater Copermittees MOU - 34 - Third Amendment: July 2, 2015
Except as hereinabove amended, the National Pollutant Discharge Elimination System, San Diego
Regional Stormwater Copermittees, Memorandum of Understanding shall remain in full force and effect.
In the event of a conflict between the provisions of the MOU and those of this Amendment, this
Amendment shall control.
IN WITNESS WHEREOF, this Third Amendment to MOU is executed as follows:
CITY OF SOLANA BEACH,
a municipal Corporation
Gregory ade, City Manager Date
AUES :
/
Angela I -ey, City Clerk
APPROVED AS TO FORM:
Jot anna N. Canlas, City Attorney
San Diego Regional Stormwater Copermittees MOU - 35 - Third Amendment: July 2, 2015
Except as hereinabove amended, the National Pollutant Discharge Elimination System, San Diego
Regional Stormwater Copermittees, Memorandum of Understanding shall remain in full force and effect.
In the event of a conflict between the provisions of the MOU and those of this Amendment, this
Amendment shall control.
IN WITNESS WHEREOF, this Third Amendment to MOU is executed as follows:
Date: 9/.251/3 -
City
�.23'/I3-
City of V'. opermittee
Judy Ri r, Mayor
San Diego Regional Stormwater Copermittees MOU - 36 - Third Amendment: July 2, 2015
Except as hereinabove amended, the National Pollutant Discharge Elimination System, San Diego
Regional Stormwater Copermittees, Memorandum of Understanding shall remain in full force and effect.
In the event of a conflict between the provisions of the MOU and those of this Amendment, this
Amendment shall control.
IN WITNESS WHEREOF, this Third Amendment to MOU is executed as follows:
Date:
APPAPPR 'ARM
p EP 2 2115
III ti/
K. Lob , G eral Counsel
SDCRAA
a Bowens, President/CEO
San Diego County Regional Airport Authority, Copermittee
San Diego Regional Stormwater Copermittees MOU - 37 - Third Amendment: July 2, 2015
SECOND AMENDMENT TO NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM
SAN DIEGO REGIONAL STORMWATER COPERMITTEES
MEMORANDUM OF UNDERSTANDING
This Second Amendment to National Pollutant Discharge Elimination System San Diego
Regional Stormwater Copermittees Memorandum of Understanding (MOU), dated March 21,
2014, is 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
Carlsbad, Chula Vista, Coronado, Del Mar, El Cajon, Encinitas, Escondido, Imperial Beach, La
Mesa, Lemon Grove, National City, Oceanside, Poway, San Diego, Santee, San Marcos, Solana
Beach, and Vista (Cities), collectively called Copermittees.
RECITALS
WHEREAS, on May 8, 2013, the San Diego Regional Water Quality Control Board
(SDRWQCB) issued NPDES Order No. R9-2013-0001, which includes requirements in addition
to those that were imposed on the Copermittees in NPDES Permit No. R9-2007-0001; and
WHEREAS, the Copermittees entered into a National Pollutant Discharge Elimination System,
San Diego Regional Stormwater Copermittees, Memorandum of Understanding (MOU) on
November 16, 2007 to comport with the NPDES Permit No. R9-2007-001 requirement that they
cooperate in the implementation of activities and programs;
WHEREAS, the Copermittees entered into a First Amendment to National Pollution Discharge
Elimination System San Diego Regional Stormwater Copermittees Memorandum of
Understanding, dated November 16, 2007, (First Amendment) on June 15, 2010 in order to allow
the refund of budgeted but unspent funds to the Parties at the conclusion of each fiscal year; and
WHEREAS, the Copermittees wish to amend the MOU to extend the termination date of the
MOU through August 31, 2015, and expressly limit the sharing of Fiscal Year 2014-15
expenditures to those identified in this amendment; and
Second Amendment to San Diego Regional Stormwater Copermittees MOU - 1 - March 21, 2014
NOW, THEREFORE, in consideration of the above recitals and the mutual promises
contained herein, the parties agree to amend and supplement the MOU as follows:
1. SECOND AMENDMENT TO NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM (NPDES), SAN DIEGO REGIONAL STORMWATER
COPERMITTEES MEMORANDUM OF UNDERSTANDING
1.1 Paragraph four under "RECITALS" is hereby amended and restated to
read in its entirety as follows:
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, but do so without waiving and expressly subject to any and
all objections and appeals made by any Copermittee in response to any NPDES Permit; and
1.2 Section II.B.2 of the MOU entitled "Annual Shared Cost Budgets and
Work Plans" is hereby amended to add sub -section e, which will read as follows:
e. The regional costs to be shared by the Copermittees during Fiscal Year 2014-15 shall
not exceed $4,051,589. These funds may only be used toward expenditures identified in the FY
2014-15 Consolidated Work Plan and Budget included as MOU Attachment 2, or as subsequently
modified by unanimous consent of all Copertnittees.
MOU.
1.3 Attachment 1 to this amendment is hereby added as Attachment 2 to the
1.4 Section VII.A of the MOU, entitled "Term of Agreement", is hereby
amended and restated to read in its entirety as follows:
1. This MOU shall become effective on the date the last party executes the MOU.
2. The life of the MOU shall run through August 31, 2015.
Second Amendment to San Diego Regional Stormwater Copermittees MOU - 2 - March 21, 2014
1.5 Section VI I.0 of the MOU, entitled "Non -Compliance with MOU
Requirements", is hereby amended and restated to read in its entirety as follows:
1. 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.
2. Federal Limitations on Use of Airport Revenue. Notwithstanding the rights and
obligations of the Parties created by this MOU, no Party may be found in breach of this
MOU where compliance would require that Party to violate any law or grant assurance,
including but not limited to provisions of the Federal Aviation Administration 1999
Policy and Procedure Concerning the Use of Airport Revenue [64 Fed. Reg. 7696, dated
Feb. 16, 1999]; the Airport and Airway Improvement Act of 1982 codified at 49 U.S.C. §
47107(b); the Federal Aviation Administration Authorization Act of 1994, P.L. 103-305
(Aug. 23, 1994); the Airport Revenue Protection Act of 1996, Title VIII of the Federal
Aviation Administration Act of 1996, P.L. 104-264 (Oct. 9, 1996), 110 Stat. 3269 (Oct.
9, 1996); 49 U.S.C. § 46301(n)(5); and 49 U.S.C. § 47133. The Parties recognize that the
Authority has received federal Airport Improvement Project ("AIP") grants containing
grant assurance 25, which provides: "All revenues generated by the airport ... will be
expended by it for the capital or operating costs of the airport; the local airport system; or
other local facilities which are owned or operated by the owner or operator of the airport
and which are directly and substantially related to the actual air transportation of
passengers or property; or for noise mitigation purposes on or off the airport."
2. EFFECT OF AMENDMENT
2.1 This Amendment to National Pollutant Discharge Elimination System,
San Diego Regional Stormwater Copermittees, Memorandum of Understanding shall be effective
Second Amendment to San Diego Regional Stormwater Copermittees MOU - 3 - March 21, 2014
and binding on all parties hereto commencing upon the date the last party executes the Second
Amendment to MOU.
2.2 This Amendment may be executed in any number of counterparts, each
of which shall be an original, but all of which together shall constitute one instrument. In the
event that any Copermittee is unable to execute this amendment prior to May 8, 2014, execution
of this amendment after that date shall constitute ratification of this amendment, and the MOU
and extensions shall be in effect once all signatures are obtained.
[BALANCE OF PAGE INTENTIONALLY LEFT BLANK]
Second Amendment to San Diego Regional Stormwater Copermittees MOU - 4 - March 21, 2014
2.3 Except as hereinabove amended, the National Pollutant Discharge Elimination
System, San Diego Regional Stormwater Copermittees, Memorandum of Understanding shall
remain in full force and effect. In the event of a conflict between the provisions of the MOU and
those of this Amendment, this Amendment shall control.
IN WITNESS WHEREOF, this Second Amendment to MOU is executed as follows:
Dated:C/2- c'//z-
COUNTY OF SAN DIEGO
By:
Second Amendment to San Diego Regional Stormwater Copermittees MOU - 5 - June 12, 2014
2.3 Except as hereinabove amended, the National Pollutant Discharge Elimination
System, San Diego Regional Stormwater Copermittees, Memorandum of Understanding shall
remain in full force and effect. In the event of a conflict between the provisions of the MOU and
those of this Amendment, this Amendment shall control.
IN WITNESS THEREOF, this Second Amendment to MOU is executed as follows:
Date: /147 6, 1,`C(:if.
.44-0., ,
m H. Giffen, Dirtor
vironmental & Land Use Management
San Diego Unified Port District, Coperrnittee
Second Amendment to San Diego Regional Stormwater Copermittees MOU - 5 - May 6, 2014
2.3 Except as hereinabove amended, the National Pollutant Discharge Elimination
System, San Diego Regional Stormwater Copermittees, Memorandum of Understanding shall
remain in full force and effect. In the event of a conflict between the provisions of the MOU and
those of this Amendment, this Amendment shall control.
IN WITNESS THEREOF, this Second Amendment to MOU is executed as follows:
Date:
Thella Bowens, Pre ident/CEO
San Diego County Regional Airport Authority, Copermittee
APPROVED AS TO FORM:
APPROVED AS TO FORM
MAY 06 201
Lee S. Kamine
sis eneral Counsel
Second Amendment to San Diego Regional Stormwater Copermittees MOU - 7 - May 5, 2014
2.3 Except as hereinabove amended, the National Pollutant Discharge Elimination
System, San Diego Regional Stormwater Copermittees, Memorandum of Understanding shall
remain in full force and effect. In the event of a conflict between the provisions of the MOU and
those of this Amendment, this Amendment shall control.
IN WITNESS THEREOF, this Second Amendment to MOU is executed as follows:
Date:
City of S .J iego, Copermittee
APPROVED AS TO FORM:
City Attorney
Second Amendment to San Diego Regional Stormwater Copermittees MOU - 8 - June 2, 2014
2.3 Except as hereinabove amended, the National Pollutant Discharge Elimination
System, San Diego Regional Stormwater Copermittees, Memorandum of Understanding shall
remain in full force and effect. In the event of a conflict between the provisions of the MOU and
those of this Amendment, this Amendment shall control.
IN WITNESS THEREOF, this Second Amendment to MOU is executed as follows:
April 22, 2014
Date
Approved as to form:
Deputy City Attorney
L\\I\��-'" "tel
City of Car bad, Copermittee
Mark Packard, Mayor Pro Tem
Second Amendment to San Diego Regional Stormwater Copermittees MOU - 5 - March 24, 2014
2.3 Except -as hereinabove amended, the National Pollutant Discharge Elimination System,
San Diego Regional Stormwater Copermittees, Memorandum of Understanding shall remain in full force
and effect. In the event of a conflict between the provisions of the MOU and those of this Amendment,
this Amendment shall control.
IN WITNESS THEREOF, this Second Amendment to MOU is executed as follows:
Date:
Cheryl Cox, N yor
City of Chula Vista, Copermittee
Second Amendment to San Diego Regional Stormwater Copermittees MOU - 10 -
2.3 Except as hereinabove amended, the National Pollutant Discharge Elimination
System, San Diego Regional Stormwater Copermittees, Memorandum of Understanding shall
remain in full force and effect. In the event of a conflict between the provisions of the MOU and
those of this Amendment, this Amendment shall control.
IN WITNESS THEREOF, this Second Amendment to MOU is executed as follows:
Date: F\ OA( t42,2-0\LI
APPROVED AS TO FORM:
City Attorney
City of Coro_ City Manager
Second Amendment to San Diego Regional Stormwater Copermittees MOU - 11 - April 22, 2014
2.3 Except as hereinabove amended, the National Pollutant Discharge Elimination
System, San Diego Regional Stormwater Copermittees, Memorandum of Understanding shall
remain in full force and effect. In the event ofa conflict between the provisions of the MOU and
those of this Amendment, this Amendment shall control.
IN WITNESS THEREOF, this Second Amendment to MOU is executed as follows:
Date:
City of Escondido, Coperinittee
Second Amendment to San Diego Regional Stormwater Copemiittees MOU - 5 -
2.3 Except as hereinabove amended, the National Pollutant Discharge Elimination
System, San Diego Regional Stormwater Copermittees, Memorandum of Understanding shall
remain in full force and effect. In the event of a conflict between the provisions of the MOU and
those of this Amendment, this Amendment shall control.
IN WITNESS THEREOF, this Second Amendment to MOU is executed as follows:
Date:
s /3-1q
By:
City of Imperial Beach
Andy H tty Manager
Second Amendment to San Diego Regional Stormwater Copermittees MOU
2.3 Except as hereinabove amended, the National Pollutant Discharge Elimination
System, San Diego Regional Stormwater Copermittees, Memorandum of Understanding shall
remain in full force and effect. In the event of a conflict between the provisions of the MOU and
those of this Amendment, this Amendment shall control.
WITNESS THEREOF, this Second Amendment to MOU is executed as follows:
Date:
City of La Mesa, Copermittee
Glenn Sabine
City Attorney
City of La Mesa
Second Amendment to San Diego Regional Stonnwater Copermittees MOU - 14 - April 1, 2014
2.3 Except as hereinabove amended, the National Pollutant Discharge Elimination
System, San Diego Regional Stormwater Copermittees, Memorandum of Understanding shall
remain in full force and effect. In the event of a conflict between the provisions of the MOU and
those of this Amendment, this Amendment shall control.
IN WITNESS THEREOF, this Second Amendment to MOU is executed as follows:
Date:
Second Amendment to San Diego Regional Stormwater Copermittees MOU - 15 - March 24, 2014
2.3 Except as hereinabove amended, the National Pollutant Discharge Elimination
System, San Diego Regional Stormwater Copermittees, Memorandum of Understanding shall
remain in full force and effect. In the event of a conflict between the provisions of the MOU and
those of this Amendment, this Amendment shall control.
IN WITNESS THEREOF, this Second Amendment to MOU is executed as follows:
Date:
City of P el Mar, Copermittee
by Scott W. Huth, City Manager
Second Amendment to San Diego Regional Stormwater Copermittees MOU - 16 - March 10, 2014
2.3 Except as hereinabove amended, the National Pollutant Discharge Elimination
System, San Diego Regional Stormwater Copermittees, Memorandum of Understanding shall
remain in full force and effect. In the event of a conflict between the provisions of the MOU and
those of this Amendment, this Amendment shall control.
IN WITNESS THEREOF, this Second Amendment to MOU is executed as follows:
Date:
City o El ajon, CopermitteV
APPROVED AS TO FORM:
City Attorney
Second Amendment to San Diego Regional Stormwater Copermittees MOU - 17 - March 21, 2014
2.3 Except as hereinabove amended, the National Pollutant Discharge Elimination
System, San Diego Regional Stormwater Copermittees, Memorandum of Understanding shall
remain in full force and effect. In the event of a conflict between the provisions of the MOU and
those of this Amendment, this Amendment shall control.
IN WITNESS THEREOF, this Second Amendment to MOU is executed as follows:
Date:
Gus Vina, City anager
City of Encinitas, Copermittee
Second Amendment to San Diego Regional Stormwater Copermittees MOU - 18 - July 3, 2014
2.3 Except as hereinabove amended, the National Pollutant Discharge Elimination
System, San Diego Regional Stormwater Copermittees, Memorandum of Understanding shall
remain in full force and effect. In the event of a conflict between the provisions of the MOU and
those of this Amendment, this Amendment shall control.
IN WITNESS THEREOF, this Second Amendment to MOU is executed as follows:
Dated: %VtCPrtd A 1�(D) 2.40-1 By:
CITY OF LEMON GROVE
Graham Mitchell, City Manager
Second Amendment to San Diego Regional Stormwater Copermittees MOU - 19 - March 25, 2014
2.3 Except as hereinabove amended, the National Pollutant Discharge EIimination
System, San Diego Regional Stormwater Copermittees, Memorandum of Understanding shall
remain in full force and effect In the event of a conflict between the provisions of the MOU and
those of this Amendment, this Amendment shall control.
IN WITNESS THEREOF, this Second Amendment to MOT I is executed as follows:
Date:
Citi .of National C' , Copermittee
Second Amendment to San Diego Regional Storm water Copermittees MOU - 20 - March 24, 2014
2.3 Except as hereinabove amended, the National Pollutant Discharge Elimination
System, San Diego Regional Stormwater Copermittees, Memorandum of Understanding shall
remain in full force and effect. In the event of a conflict between the provisions of the MOU and
those of this Amendment, this Amendment shall control.
IN WITNESS THEREOF, this Second Amendment to MOU is executed as follows:
Date:
Second Amendment to San Diego Regional Stormwater Copermittees MOU - 21 - March 24, 2014
2.3 Except as hereinabove amended, the National Pollutant Discharge Elimination
System, San Diego Regional Stormwater Copermittees, Memorandum of Understanding shall
remain in full force and effect. In the event of a conflict between the provisions of the MOU and
those of this Amendment, this Amendment shall control.
IN WITNESS THEREOF, this Second Amendment to MOU is executed as follows:
Date:
C?tyof Poway, aper
Robert J. Manis
Director, Development Services Department
Second Amendment to San Diego Regional Stormwater Copermittees MOU - 22 - April 16, 2014
2.3 Except as hereinabove amended, the National Pollutant Discharge Elimination
System, San Diego Regional Stormwater Copermittees, Memorandum of Understanding shall
remain in full force and effect. In the event of a conflict between the provisions of the MOU and
those of this Amendment, this Amendment shall control.
IN WITNESS THEREOF, this Second Amendment to MOU is executed as follows:
Dated:
/6.//
Keith Till, City Manager
CITY OF SANTEE
Second Amendment to San Diego Regional Stormwater Copermittees MOU - 21 - March 31, 2014
2.3 Except as hereinabove amended, the National Pollutant Discharge Elimination
System, San Diego Regional Stormwater Copermittees, Memorandum of Understanding shall
remain in full force and effect. In the event of a conflict between the provisions of the MOU and
those of this Amendment, this Amendment shall control.
IN WITNESS THEREOF, this Second Ame
Date:
ent to M
is ex ,<, : as follows:
City f Solana Beach, Copermittee
Second Amendment to San Diego Regional Stormwater Copermittees MOU - 24 - March 26, 2014
RESOLUTION NO. 2014-111
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF
VISTA, CALIFORNIA, APPROVING A SECOND AMENDMENT TO THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF VISTA, THE
COUNTY OF SAN DIEGO AND ALL NPDES COPERMITTEES
The City Council of the City of Vista does resolve as follows:
1. Findings. The City Council hereby finds and declares the following:
A. The San Diego Regional Water Quality Control Board ("RWQCB") issued Order
No. 2001-01 in February 2001. wherein it required the County of San Diego, the San Diego Port
District and the municipalities within the County of San Diego (collectively "Co -Permittees") to
improve water quality by preventing pollutants from entering receiving waters from stormwater
and urban runoff.
B. On January 24, 2007, the RWQCB issued Order No. R9-2007-0001, which
replaced Order No. 2001-01 and expanded on that Order's MOU requirements for the NPDES
San Diego Regional Co -Permittees. The original requirements included the establishment of a
management structure and determining a cost sharing mechanism for complying with the Order.
Order No. R9-2007-0001 required that the Co -Permittees address the new additional
requirements and that they add the San Diego Regional Airport Authority as a Co -Permittee.
D. On November 16, 2007 the Co -Permittees entered into a new NPDES San Diego
Regional Co -Permittee MOU.
E. On June 15, 2010. the Co -Permittees entered into a First Amendment to the
Memorandum of Understanding, which updated the cost sharing mechanism.
F. At this time, a Second Amendment is necessary to extend the termination date of
the MOU through August 31, 2015, and expressly limit the sharing of Fiscal Year 2014-15
expenditures to those identified in this amendment.
2. Action.
A. The Second Amendment to the Memorandum of Understanding between the City
of Vista, the County of San Diego and all NPDES Co -Permittees is approved.
B. The Mayor is authorized to execute the Agreement.
[Continued on page 2.]
RESOLUTION NO. 2014-111
CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 2
3. Adoption. PASSED AND ADOPTED at a meeting of the City Council held on June 24,
2014, by the following vote.
AYES: MAYOR RITTER, AGUILERA, CCWLES, CAMPBELL, RIGBY
NOES: NONE
ABSTAIN: NONE
JUDY RI ►Iii" . MAYOR
APPROVED AS TO FORM: ATTEST:
DAROLD PIEPER, CITY ATTORNEY
By:
APPROVED
Darold Pieper
1455 051114
MARCI KILIAN, CITY CLERK
By: �W1144,ait—D
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 storm water 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
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 (I) 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
I. 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 I1.B.1.
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.1.
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%oftotal 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
(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:
[11 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 Stonnwater Copermittees MOU - 5 - November 16, 2007
(3)
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.
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 31" of each year, each Regional Working Body shall prepare
and submit to the Planning Subcommittee a Work Plan and estimated Budget of
costs and expenses for the upcoming Fiscal Year. These budgets shall describe
major tasks, schedules, and projected costs, which Copermittees will provide
Working Body Support, Contract Administration, in-kind contributions, and any
other information applicable to regional general program costs.
b. To ensure that each Copermittee governing body has sufficient time to consider
fiscal impacts, the Planning Subcommittee shall prepare a consolidated draft
Regional Work Plan and Regional Shared Costs Budget no later than December 3I st
of each year for the regional general programs. After consideration of comments
and discussion, a final Regional Work Plan and Regional Shared Costs Budget shall
be prepared, approved by the Management Committee, and distributed to the
Copermittees no later than January 31' of each year. Modifications to any adopted
Regional Shared Costs Budget or Regional Work Plan that will result in an overall
increase in cost require the approval of the Regional Management Committee.
c. No later than January 315' 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.
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.
g.
III. REGIONAL GENERAL PROGRAMS
In addition to the requirements of section I1, 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 Copennittees.
b. In addition to the responsibilities of a]] Copermittees described in Section II, the
Principal Permittee shall provide genera] coordination for the development and
implementation of Regional General Programs, including the following tasks and
responsibilities:
Establish, chair, and provide overall coordination and leadership of the Regional
Stormwater Management Committee (Management Committee) and the Regional
Program Planning Subcommittee (Planning Subcommittee).
Submit to the Regional Board the formal agreement between the Copermittees that
provides a management structure for meeting the requirements of the Perm it.
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
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;
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
altematively 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
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 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
concems.
o. Provide Representation to the following California Stonnwater Quality Association
(CASQA) Working Bodies or their equivalent; Executive Program Committee,
Board of Directors (if elected), Stormwater Policy and Permitting and Legislation;
Phase 11 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
. 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 Genera] 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
concems.
4. Regional Workgroups shall also have the following responsibilities:
a. By October 31" of each year, prepare and submit to the Planning Subcommittee a
recommended Work Plan for the activities of the Workgroup and its Sub -
workgroups in the ensuing fiscal year. This shall include a description of major
tasks, deliverables, and projected schedules, and the assignment and/or division of
responsibilities for task completion.
b. By October 31" of each year, prepare and submit to the Planning Subcommittee a
recommended Work Plan and Shared Costs Budget for the ensuing fiscal year.
c. Twice per year, provide Written Status Reports to the Planning Subcommittee
describing (1) activities and accomplishments for the previous period. (2) success in
completing scheduled tasks, and (3) key issues, activities, and tasks to be addressed
in the next period. Written Status Reports shall be submitted as directed by the
Planning Subcommittee.
d. Provide Workgroup updates at Management Committee meetings.
5. Voting Requirements for Regional Workgroups and Sub -workgroups
a. Regional Workgroups shall make consensus recommendations to the Planning
Subcommittee, who shall in turn make recommendations for formal votes to the
Management Committee,
b. Regional Sub -workgroups shall make consensus recommendations to the Regional
Workgroup to which they are subordinate.
c. Regional Workgroups and Regional Sub -workgroups may use any voting
methodology they deem appropriate to develop consensus, and, as applicable, shall
present minority or dissenting recommendations for consideration.
d. Regional Workgroups and Sub -workgroups may conduct votes outside of meetings
(e.g., by email) as appropriate.
6. Copermittee Representation and Participation on Regional Workgroups and Regional Sub -
workgroups:
a. Each Copermittee shall provide at least one Representative to each Regional
Workgroup or Regional Sub-workgroup.
b. Each of the Copermittees represented on the Planning Subcommittee shall serve as a
Participant on at least one Regional Workgroup or Regional Sub-workgroup each
year. 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
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.
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 (LTEA);
h. Develop the Copermittees' Report of Waste Discharge (ROWD); and
Provide representation on the CA SQA 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;
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:
g.
(I)
(2)
(3)
Priority Sources and Inventories,
BMP Requirements and Recommendations, and
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 MOU - 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
As applicable, facilitate the centralized management of water quality monitoring
data.
g.
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;
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.
g
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
Provide a Representative to the CASQA Construction Workgroup or its equivalent.
g.
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
I . The following Copermittees are hereby designated as Watershed Lead Permittees for the
Watershed Management Areas listed:
a. Santa Margarita WMA: County of San Diego
b. San Luis Rey River WMA: City of Oceanside
c. Carlsbad WMA: City of 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 11, 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
I. 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 11.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 ofa Simple Majority of the Copermittees participating in or
subject to the activity or cost is needed;
b. The affirmative votes must represent greater than fifty percent (50%) of any cost
being shared; and
c. Any Copermittee that is responsible for 25% or more of the 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. Al] 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 attomey(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.1. 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.
1. 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
itnionallAtor
• County of Sac Dego
• City of Carlsbad
• Cdy of Chula Von.
• City of Coronado
• City of Del Mx
• City of El Caron
• City ofRadmxas
T_tSSial-
RePmhg:
S
Asses -iris
Regional \iauagement Committee (AMC)
• City of Escondido
• Ctv of Impanel Beach
• City of La. Mesa
• City of Lens &oax
• C'iiv of National City
• City of Oceanid.
• Circ of Poway
• Cuv of Sax Diego
• Cin• of San Marcos.
• City of Scree
• Ctry of Solana Beach
• Cary ofVine
• Port of Sao Dino
• Regxaal Airport Auihorry
Regional Program Planning Subcommittee
• Sada Marga-irs Tijuana
• Sac Luis Re
• Carlsbad
• Sat Denys
• Pensaxltaaw
Regional Workgroups
Hurons
Res/Soil
Sources
Moxiror
Monitoring Sub -workgroups
• Dry Weather
• Coastal Scorns Drain
• Mission Bay
• Son Diego River
• San Diego Bay
• Arkfinonal R:ela'esentadve
• Adam ,n1 Repxesoont e
Sources
Regiooal
t3 RbIP
Wat
\\ atershed
• S=a. Mararka
• San Luis Rey
• Carlsbad
• San D eguito
• Penisgnros
ub-workgroups
• M pion Bay
• San Diego Ricer
• San Diego Bay
• Tijuaea
Figure A. Copermittee Regional and Watershed Working Bodies
San Diego Regional Stormwater Copermittees MOU - 21 -
November 16, 2007
THIS PAGE INTENTIONALLY BLANK
San Diego Regional Stormwater Copermittees MOU - 22 - November 16, 2007
IN WITNESS THEREOF, this Agreement is executed as follows:
Date:
Cou San 1'eg , Copermittee
San Diego Regional Stormwater Copern ittees MOU - 23 - November 16, 2007
124 WITNESS THEREOF, this Agreement is executed as follows:
Date:
sego U ' ied Port District, Copermittee
%NV
San Diego Regional Stormwater Copermittees MOU - 24 - November 16, 2007
52689
as
IN WITNESS THEREOF, this Agreement is executed as follows:
Date:
APPOICNIPO A6 TO FORM
ass.JAN 09 2008
401
».� it
eiaF.Bowens
President/CEO
San Diego County Regional Airport Authority, Copermittee
San Diego Regional Stormwater Copermittees MOU - 25 - November 16, 2007
IN WITNESS THEREOF, this Agreement is executed as follows:
Date: i/�9/Q r/
ATTEST:
City Clerk
Sl—
City of San Dieg€, Copermittee
APPROVED AS TO FORM:
City Attorney
faadei
Title e1tj
Title
San Diego Regional Stormwater Copermittees MOU - 26 - November 16, 2007
�- -1:i699
IN WITNESS THEREOF, this Agreement is , as fol : s. /
San Diego Regional Stormwater Copermittees MOU - 27 - November 16, 2007
lN WITNESS THEREOF, this Agreement is executed as follows:
Date:
City of Chula Vi$ja, Co¢ermittee
San Diego Regional Stormwater Copermittees MOU - 28 - November 16, 2007
IN WITNESS THEREOF, this Agreement is executed as follows:
Date:
v'ry 1
C ty of Coronado, opermittee
San Diego Regional Stormwater Copermittees MOU - 29 - November 16, 2007
IN WITNESS THEREOF, this Agreement is ex
Date:
follows:
City of Escondido, Copermi� e
Lori Holt Pfeiler, Mayor
Marsha Whalen, City Clerk
rH)
/-/5-c?
APPROVED As To FORM.
OFFICE OF THE CIn ATTORNEY
JeffreyREpp Cis Attorney
By
Steve Nelson, Assistant City Attorney
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, 2007
IN WITNESS THEREOF, this Agreement is e ,3, ted s o o s:
Date: ("1/ • o 7
City an =.s, •.ermittee
San Diego Regional Stormwater Copermittees MOU - 33 - November 16, 2007
IN WPINESS THEREOF, this Agreement'. xecuted as lows:
Date: /61,07 •i •
ty if Del ar, Copermittee
San Diego Regional Stormwater Copermittees MOU - 34- November 16, 2007
IN WITNESS THEREOF, this Agreement is executed as follows:
Date: .LLecenwe J S ,Zoo7
City of El Cajon, Copermit e
San Diego Regional Stormwater Copermittees MOU - 35 - November 16, 2007
IN WITNESS THEREOF, this Agreement is executed as follows:
1- 8'- r9e
Date Phil Cotton, City Manager
City of Encinitas
San Diego Regional Stormwater Copermittees MOU - 36 - November 16, 2007
IN WITNESS THEREOF, this Agreement is executed as follows:
Date:
City of Lemon Grove, Copermi ee
San Diego Regional Stormwater Copermittees MOU - 37 - November 16, 2007
IN WITNESS WHEREOF, this Agreement is executed as follows:
Date: December 4, 2007
Approved as to form:
graL
George H. liser, III
City Attorney
By:
Ron Morrison, Mayor
City of National City
San Diego Regional Stormwater Copermittees MOU _ 3 8_ November 16, 2007
IN WITNESS THEREOF, this Agreement is executed as follows:
Date:
APPROVED AS TO FORM
OCEANSIDE CITY ATTORNEY
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, Copemiittee
San Diego Regional Stormwater Copermittees MOU - 41 - November 16, 2007
IN WITNESS THEREOF, this Agreement is
Date:
City of So ana Beach, Copermittee
San Diego Regional Stormwater Copermittees MOU - 42 - November 16, 2007
IN WITNESS THEREOF, this Agreement is executed as follows:
Date: /2////07
City of Vista, Copermittee
Morris 13. Vance, Mayor
San Diego Regional Stormwater Copermittees MOU - 43 - November 16, 2007