MEETING DATE:
JUNE 11, 2024
SUBJECT:
Title
RESOLUTION NO 2024-9297 - APPROVAL OF SAN DIEGO REGIONAL STORMWATER COPERMITTEES FIFTH AMENDED MEMORANDUM OF UNDERSTANDING
Body
Recommendation
Recommendation
ADOPT a resolution authorizing the execution of the San Diego Regional Stormwater Copermittees Fifth Amended Memorandum of Understanding.
Body
Board or Commission Action
Not Applicable
Relevant Council Strategic Theme
Planning for the Future
Good Governance
Executive Summary
The Memorandum of Understanding (MOU) entered into by the San Diego Regional Copermittees establishes the shared program responsibilities of the parties with respect to compliance with National Pollutant Discharge Elimination System (NPDES) stormwater permit regulations. On May 8, 2013, the San Diego Regional Water Quality Control Board issued an NPDES permit as Order No. R9-2013-0001, as amended by Order Nos. R9-2015-0001 and R9-2015-0100 (Permit) governing waste discharge requirements for stormwater and urban runoff from the County, the Port, the Airport, and associated cities, naming these entities as Copermittees. The Permit requires that the Copermittees cooperate in the implementation of various Water Quality Improvement Plans and watershed management strategies to comply with the Permit and any future amendments and/or reissuances. The initial MOU was executed in 2010 and the most recent amendment (Fourth) was executed in 2019.
Discussion
The proposed amended MOU establishes the fiscal responsibilities shared by all Copermittees. Shared costs are divided according to a default formula of 45% urbanized land, 45% population, and 10% equal division. This MOU provides the conditions for work plan generation and shared cost budgets to implement the programs and activities required in the Permit. An example of programs and activities includes, but are not limited to, the development and update of regional/watershed plans, regional education/outreach material development, water quality monitoring, annual reporting, and program assessment.
The MOU also sets forth cumulative limits for shared cost budgets. These values represent the maximum amount that may by 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. The estimated annual limits are for planning purposes. 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.
Lastly, the MOU designates the County of San Diego as the Regional Principal Permittee and describes their responsibilities. It identifies and categorizes the responsibilities of the two main regional programs, which are the Regional Stormwater Management Committee and Regional Program Planning Subcommittee.
Environmental Review
Not applicable
Fiscal Impact
Regional and watershed work plans and shared cost budgets are prepared by October 31st of each year for the upcoming fiscal year. Work plans and shared cost budgets are to be approved and distributed to the Copermittees by January 31st of each year. This timeline enables the Watershed Program to provide accurate cost estimates as part of the City’s annual budget development process. Funds spent on regional and watershed programs are from General Funds under the Watershed Program.
Attachment(s)
2024 Copermittee MOU 5th Amended Final
Resolution
Submitted by: Reed Thornberry, Watershed Program Manager
Reviewed by: Isaac Etchamendy, Development Services Director
Approved by: Michelle Bender, City Manager