MEMORANDUM OF UNDERSTANDING
BY AND BETWEEN CO-PERMITTEES
REGARDING SHARING OF COSTS ASSOCIATED WITH
REIMBURSEMENT OF UNFUNDED STATE MANDATES CLAIM
This Memorandum of Understanding ("MOU") is effective as of this _____ day of ________ 2023 by and between the following local government agencies located in San Diego County: The County of San Diego; City of Carlsbad, City of Chula Vista, City of Coronado, City of Del Mar, City of El Cajon, City of Encinitas, City of Escondido, City of Imperial Beach, City of La Mesa, City of Lemon Grove, City of National City, City of Oceanside, City of Poway, City of San Diego, City of San Marcos, City of Santee, City of Solana Beach, and City of Vista (collectively, “Co-permittees”) with regard to the following:
RECITALS
Co-permittees were individually and collectively subject to Order No. R9-2007-0001/NPDES Permit No. CAS0108758 ("Permit") adopted by the California Regional Water Quality Control Board, San Diego Region ("Regional Board") on January 24, 2007 and superseded by Order No. R9-2013-0001, which became effective on June 27, 2013 (“2013 Permit”).
On or about June 28, 2007, Co-permittees entered into a Memorandum of Understanding (“2007 MOU”) regarding the submission of a Test Claim with the Commission on State Mandates, seeking reimbursement for the costs of implementing nine provisions of the Permit. The Commission approved the test claim as to 7 of the provisions. The Department of Finance appealed the Commission’s decision, and Co-Permittees cross-appealed.
On appeal, the Third District Court affirmed the Commission’s decision except for the finding that Co-permittees do not have authority to levy a fee for the street sweeping condition in Permit Provision D.3.a.(5).
As of the effective date of this MOU, the tasks contemplated by the 2007 MOU related to prosecution of the Test Claim and associated appeals have been completed, but some of the billing associated with those tasks remains outstanding.
Co-permittees desire to jointly undertake actions needed to seek reimbursement for the costs of implementing the approved test claim, including but not limited to developing and incorporating a reasonable reimbursement methodology into the parameters and guidelines, attending Commission hearing(s) regarding the parameters and guidelines, retaining a consultant to assist with the preparation of materials needed to support a reasonable reimbursement methodology, and appealing any adverse determination by the Commission (collectively, the “Reimbursement Claim”).
NOW, THEREFORE, in consideration of the mutual covenants contained herein and of the Recitals, it is mutually agreed by and between the parties as follows:
Draft Budget. Co-permittees have prepared a draft budget of presently anticipated costs and expenses associated with pursuit of the Reimbursement Claim and the elements thereof, which budget is attached hereto as Exhibit A and incorporated herein by reference ("Draft Budget"). Co-permittees acknowledge that the Draft Budget is based on information presently known, that it is only an estimate of potential costs and expenses, and agree that they will share the actual costs and expenses for the Reimbursement Claim as outlined herein.
Reimbursement Claim Counsel. The work contemplated by this Agreement shall be performed by the legal counsel identified in the attached Draft Budget ("Reimbursement Claim Co-Counsel") or by a consultant retained by at least one Reimbursement Claim Co-Counsel.
Obligations of Co-permittees. Except with respect to the efforts of Reimbursement Claim Co-Counsel as addressed in Section 5 below and Exhibit A, Co-permittees, and each of them, shall hold the remaining Co-permittees harmless from costs and expenses associated with the efforts expended by their individual attorneys in this regard.
Obligations in Reimbursement Claim and Associated "Appeals." While the County of San Diego will prepare documents on behalf of Co-permittees for the Test Case and associated "appeals," Co-permittees acknowledge and agree that Reimbursement Claim Co-Counsel may assist in preparing such documents. All documents shall be distributed to each attorney for Co-permittees for review. In the event a Co-permittee joins as an Interested Party, such joinder documents shall be distributed to all individual attorneys for Co-permittees for review. Except with respect to the efforts of Reimbursement Claim Co-Counsel as addressed in Section 5 below and Exhibit A, Co-permittees, and each of them, shall hold the remaining Co-permittees harmless from costs and expenses associated with the efforts expended by their individual attorneys in this regard.
Cost Sharing by Co-Permittees. Co-permittees agree that the costs and expenses associated with pursuit of the Reimbursement Claim shall be allocated among the Co-permittees as follows:
Co-permittees agree to use the following formula for the allocation of costs and expenses incurred under this Agreement:
Ten percent (10%) of the cost shall be divided equally among all Co-permittees Forty-five percent (45%) of the cost shall be divided based on population. Population-based costs shall be divided among all Co-permittees as follows:
The percentage of Population-based costs for which each Co-permittee is responsible shall be calculated by dividing their total population by the combined total population of all participating Co-permittees within San Diego County. These percentages shall be calculated using data published by of the San Diego Association of Governments (SANDAG) as set forth in Exhibit B to this Agreement.
The calculation of the County of San Diego’s population shall be based upon the entire population of the unincorporated County.
Forty-five percent (45%) of the cost shall be based on urbanized land area to be divided among all participating Co-permittees as follows.
The percentage of land area costs for which each Co-permittee is responsible shall be calculated by dividing their total urbanized land area by the combined total urbanized land area of all participating Co-permittees within the geographic area applicable to the shared program or activity.
These totals shall be calculated using the San Diego Association of Governments (SANDAG) land use statistics as set forth in Exhibit B to this Agreement.
As set forth in more detail in Exhibit B to this Agreement, each Co-permittee’s share of costs under this Agreement is as follows:
Co-permittee
% of Total
Carlsbad
3.26%
Chula Vista
5.59%
Coronado
1.09%
Del Mar
0.66%
El Cajon
2.58%
Encinitas
2.16%
Escondido
3.84%
Imperial Beach
1.03%
La Mesa
1.74%
Lemon Grove
1.07%
National City
1.77%
Oceanside
4.80%
Poway
2.63%
City of San Diego
29.71%
San Marcos
2.54%
Santee
2.02%
Solana Beach
0.87%
Vista
2.68%
County of San Diego
29.94%
TOTALS
100.00%
Reimbursement Claim Co-Counsel shall each submit their invoices and statements of work to Best Best & Krieger, attn. Shawn Hagerty on at least on a quarterly basis reflecting such costs and expenses. Work performed by County Counsel as Reimbursement Claim Co-Counsel shall be accounted for and shall represent a credit in favor of Co-permittee County of San Diego against its share of Reimbursement Claim legal costs and expenses, but not against consultant or expert costs. Co-permittees shall each submit payment for their share of such costs and expenses to Shawn Hagerty within forty-five (45) days of receipt of Shawn Hagerty’s request for the same. Such costs and expenses shall be deemed to have accrued from and after July 1, 2023.
Sharing of Costs with Other Entities When Feasible. To the extent possible, Reimbursement Claim Co-Counsel shall endeavor to share costs with other entities that may be pursuing their own remedies with respect to the Permit.
Conflict of Interest. Co-permittees acknowledge and agree that Reimbursement Claim Co-Counsel represent individual entities within the Co-permittee group for all purposes stated in this Agreement. Individual Reimbursement Claim Co-Counsel may also have unrelated matters pending before other entities within the Co-permittee group. Participation in a joint prosecution of the Reimbursement Claim as contemplated by this Agreement shall not be considered to constitute representation by counsel for any individual Co-permittee of another Co-permittee, nor shall such participation be grounds to disqualify counsel or experts from representing any Co-permittee. For purposes of pursuing the Reimbursement Claim, each individual Co-permittee acknowledges such other representation, or possibility of such other representation, agrees to the participation of Reimbursement Claim Co-Counsel, and each of them, in the Reimbursement Claim, and waives any conflict of interest that may arise or be created as a result of the involvement of Reimbursement Claim Co-Counsel in the Reimbursement Claim, or between Co-permittees and/or their counsel and experts as a result of this Agreement.
Joint Prosecution of Reimbursement Claim. Co-permittees agree that all communications between Co-permittee counsel in furtherance of the purpose of this Agreement shall be protected by the attorney-client privilege and the attorney work-product privilege to the fullest extent permitted by the law. Each Co-permittee will take all reasonable steps necessary to protect such communications and information from disclosure to third parties not subject to this Agreement. If such information is demanded by any person, each Co-permittee shall assert all relevant privileges.
Withdrawal from Agreement. Any Co-permittee may withdraw from participation in this Agreement upon fifteen (15) days' prior written notice to the other Co-permittees, and payment of its share of costs and expenses incurred through the date of termination. If a Co-permittee withdraws from this Agreement under this paragraph, the withdrawing Co-permittee and the remaining Co-permittees will remain obligated to preserve the confidentiality of all confidential information received from or disclosed to the withdrawing Co-permittee pursuant to this Agreement. A withdrawing Co-permittee will remain obligated under Paragraphs 7 and 8 of this Agreement and will not assert participation in this Agreement as grounds for disqualification of counsel or experts of any Co-permittee and agrees to waive any conflict that may be created between Co-permittees and/or their counsel and experts as a result of this Agreement. A withdrawing Co-permittee will have no other obligation under this Agreement, with the exception of its share of costs incurred through the date of its withdrawal. Upon the withdrawal of any Co-permittee, the remaining Co-permittees shall continue to share costs and expenses in the resultant number of equal shares.
Breach. Co-permittees, and each of them, shall have the right, in the event of any breach of any agreement or covenant contained herein by the other parties, to exercise all of the rights and remedies, and to maintain any actions at law or suit in equity or other proper proceedings to enforce the curing of such breach of agreement or covenant. Damages, if any arising from any limited to the amount due and owing under the cost sharing mechanism set forth in Sections 5 and 6, above, at the time of the alleged breach.
Notices. Unless otherwise specifically permitted by this MOU, all notices or other communications required or permitted under this MOU shall be in writing, and shall be personally delivered or sent by registered or certified mail, postage prepaid, return receipt requested, or sent by email, provided that the email contains the date and time of transmission, and shall be deemed received: (i) if personally delivered, upon the date of delivery to the address of the person to receive such notice, (ii) if mailed in accordance with the provisions of this paragraph, two (2) business days after the date placed in the United States mail, (iii) if mailed other than in accordance with the provisions of this paragraph or mailed from outside the United States, upon the date of delivery to the address of the person to receive such notice, or (iv) if given by email during business hours when delivery can be confirmed, when delivered. Notices shall be given at the following addresses:
To County of San Diego:
Attn: Helen N. Robbins-Meyer
Chief Administrative Officer
County Administration Center
1600 Pacific Highway, Room 209
San Diego, CA 92101
To City of Carlsbad:
Attn: City Attorney
1200 Carlsbad Village Drive
Carlsbad, CA 92008
[email protected]
To City of Chula Vista:
Attn: Maria V. Kachadoorian
City Manager
276 Fourth Avenue
Chula Vista, CA 91910
To City of Coronado:
Attn: Tina Friend
City Manager
1825 Strand Way
Coronado, CA 92118
To City of Del Mar:
Attn: Ashley Jones
City Manager
1050 Camino del Mar
Del Mar, CA 92014
To City of El Cajon:
Attn: Graham Mitchell
City Manager
200 Civic Center Way
El Cajon, CA 92020
To City of Encinitas:
Attn: Pamela Antil
City Manager
505 S Vulcan Ave
Encinitas, CA 92024
To City of Escondido
Attn: Sean McGlynn
City Manager
City Hall, Second Floor
201 North Broadway
Escondido, CA 92025
To City of Imperial Beach:
Attn: Tyler Foltz
City Manager
825 Imperial Beach Blvd
Imperial Beach, CA 91932
To City of La Mesa:
Attn: Greg Humora
City Manager
City Hall
8130 Allison Avenue
La Mesa, CA 91942
To City of Lemon Grove:
Attn: Lydia Romero
City Manager
3232 Main Street
Lemon Grove, CA 91945
To City of National City:
Attn: Scott Huth
Acting City Manager
1243 National City Boulevard
National City, CA 91950-4301
To City of Oceanside:
Attn: Jonathan Borrego
City Manager
300 North Coast Hwy
Oceanside, CA 92054
To City of Poway:
Attn: Chris Hazeltine
City Manager
13325 Civic Center Drive
Poway, CA 92074
To City of San Diego:
Attn: Todd Snyder
Director, Storm Water Department
9370 Chesapeake Drive
San Diego, CA 92123
To City of San Marcos:
Attn: Michelle Bender
Acting City Manager
1 Civic Center Drive
San Marcos, CA 92069
To City of Santee:
Attn: Marlene Best
City Manager
10601 Magnolia Ave.
Santee, CA 92071
To City of Solana Beach:
Attn: Greg Wade
City Manager
635 S. Hwy 101
Solana Beach, CA 92075
To City of Vista:
Attn: John Conley
City Manager
200 Civic Center Drive
Vista, CA 92084
No Employment, Partnership. Nothing contained in this Agreement shall be deemed or construed to create an employment, partnership, joint venture or any other similar relationship between the parties hereto or cause Co-permittees to be responsible in any way for the debts or obligations of other individual Co-permittees, or any other person.
Authority to Sign. Each Co-permittee warrants and represents that the persons executing this Agreement on its behalf have full authority to do so and to bind such Co-permittee to perform pursuant to the terms and conditions of this Agreement.
Counterparts. This Agreement may be signed in multiple counterparts with the same force and effect as if all original signatures appeared on one copy; and in the event this Agreement is signed in counterparts, each counterpart shall be deemed an original and all of the counterparts shall be deemed to be one agreement.
Severability. If any portion of this Agreement shall be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, the remaining provisions shall remain enforceable to the fullest extent permitted by law if enforcement would not frustrate the overall intent of the parties (as such intent is manifested by all provisions of the Agreement, including such invalid, void or otherwise unenforceable portion).
Attorneys' Fees. Should any litigation (including any proceedings in a bankruptcy) or arbitration be commenced between the parties hereto or their representatives concerning any provision of this Agreement or the rights and duties of any person or entity hereunder, the party or parties prevailing in such litigation or arbitration shall be entitled, in addition to such other relief as may be granted, to the attorneys' fees and court or arbitration costs incurred by reason of such litigation or arbitration, including attorneys' fees and experts' fees incurred in preparation for or investigation of any matter relating to such litigation or arbitration.
Applicable Law. This Agreement shall be construed in accordance with, and governed by, the laws of the State of California.
Headings. The headings in this Agreement are inserted only as a matter of convenience, and in no way define, limit, extend or interpret the scope of this Agreement or of any particular provision hereof.
REMAINDER OF PAGE INTENTIONALLY BLANK
SIGNATURES ON FOLLOWING PAGES
IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding By and Between Co-Permittees Regarding Sharing of Costs Associated With Reimbursement of State Mandates Claim as of the date first set forth above.
County of San Diego:
By: _____________________
Name: Helen N. Robbins-Meyer
Title: Chief Administrative Officer
Approved as to Form
By: _____________________
Name: ___________________
Title: ____________________
IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding By and Between Co-Permittees Regarding Sharing of Costs Associated With Reimbursement of State Mandates Claim as of the date first set forth above.
City of Carlsbad:
By: _____________________
Name: Cindie K. McMahon
Title: City Attorney
Attest:
By: _____________________
Name: Sherry Freisinger
Title: City Clerk
Approved as to form:
By: _____________________
Name: Cindie K. McMahon
Title: City Attorney
IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding By and Between Co-Permittees Regarding Sharing of Costs Associated With Reimbursement of State Mandates Claim as of the date first set forth above.
City of Chula Vista:
By: _____________________
Name: Maria V. Kachadoorian
Title: City Manager
Attest:
By: _____________________
Name: ___________________
Title: ____________________
Approved as to form:
By: _____________________
Name: ___________________
Title: ____________________
IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding By and Between Co-Permittees Regarding Sharing of Costs Associated With Reimbursement of State Mandates Claim as of the date first set forth above.
City of Coronado:
By: _____________________
Name: Tina Friend
Title: City Manager
Attest:
By: _____________________
Name: ___________________
Title: ____________________
Approved as to form:
By: _____________________
Name: ___________________
Title: ____________________
IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding By and Between Co-Permittees Regarding Sharing of Costs Associated With Reimbursement of State Mandates Claim as of the date first set forth above.
City of Del Mar:
By: _____________________
Name: Ashley Jones
Title: City Manager
Attest:
By: _____________________
Name: ___________________
Title: ____________________
Approved as to form:
By: _____________________
Name: ___________________
Title: ____________________
IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding By and Between Co-Permittees Regarding Sharing of Costs Associated With Reimbursement of State Mandates Claim as of the date first set forth above.
City of El Cajon:
By: _____________________
Name: Graham Mitchell
Title: City Manager
Attest:
By: _____________________
Name: ___________________
Title: ____________________
Approved as to form:
By: _____________________
Name: ___________________
Title: ____________________
IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding By and Between Co-Permittees Regarding Sharing of Costs Associated With Reimbursement of State Mandates Claim as of the date first set forth above.
City of Encinitas:
By: _____________________
Name: Pamela Antil
Title: City Manager
Attest:
By: _____________________
Name: ___________________
Title: ____________________
Approved as to form:
By: _____________________
Name: ___________________
Title: ____________________
IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding By and Between Co-Permittees Regarding Sharing of Costs Associated With Reimbursement of State Mandates Claim as of the date first set forth above.
City of Escondido
By: _____________________
Name: Sean McGlynn
Title: City Manager
Attest:
By: _____________________
Name: ___________________
Title: ____________________
Approved as to form:
By: _____________________
Name: ___________________
Title: ____________________
IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding By and Between Co-Permittees Regarding Sharing of Costs Associated With Reimbursement of State Mandates Claim as of the date first set forth above.
City of Imperial Beach:
By: _____________________
Name: Tyler Foltz
Title: City Manager
Attest:
By: _____________________
Name: ___________________
Title: ____________________
Approved as to form:
By: _____________________
Name: ___________________
Title: ____________________
IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding By and Between Co-Permittees Regarding Sharing of Costs Associated With Reimbursement of State Mandates Claim as of the date first set forth above.
City of La Mesa:
By: _____________________
Name: Greg Humora
Title: City Manager
Attest:
By: _____________________
Name: ___________________
Title: ____________________
Approved as to form:
By: _____________________
Name: ___________________
Title: ____________________
IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding By and Between Co-Permittees Regarding Sharing of Costs Associated With Reimbursement of State Mandates Claim as of the date first set forth above.
City of Lemon Grove:
By: _____________________
Name: Lydia Romero
Title: City Manager
Attest:
By: _____________________
Name: ___________________
Title: ____________________
Approved as to form:
By: _____________________
Name: ___________________
Title: ____________________
IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding By and Between Co-Permittees Regarding Sharing of Costs Associated With Reimbursement of State Mandates Claim as of the date first set forth above.
City of National City:
By: _____________________
Name: Scott Huth
Title: Acting City Manager
Attest:
By: _____________________
Name: ___________________
Title: ____________________
Approved as to form:
By: _____________________
Name: ___________________
Title: ____________________
IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding By and Between Co-Permittees Regarding Sharing of Costs Associated With Reimbursement of State Mandates Claim as of the date first set forth above.
City of Oceanside:
By: _____________________
Name: Jonathan Borrego
Title: City Manager
Attest:
By: _____________________
Name: ___________________
Title: ____________________
Approved as to form:
By: _____________________
Name: ___________________
Title: ____________________
IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding By and Between Co-Permittees Regarding Sharing of Costs Associated With Reimbursement of State Mandates Claim as of the date first set forth above.
City of Poway:
By: _____________________
Name: Chris Hazeltine
Title: City Manager
Attest:
By: _____________________
Name: ___________________
Title: ____________________
Approved as to form:
By: _____________________
Name: ___________________
Title: ____________________
IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding By and Between Co-Permittees Regarding Sharing of Costs Associated With Reimbursement of State Mandates Claim as of the date first set forth above.
City of San Diego:
By: _____________________
Name: ___________________
Title: ____________________
Attest:
By: _____________________
Name: ___________________
Title: ____________________
Approved as to form:
By: _____________________
Name: ___________________
Title: ____________________
IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding By and Between Co-Permittees Regarding Sharing of Costs Associated With Reimbursement of State Mandates Claim as of the date first set forth above.
City of San Marcos:
By: _____________________
Name: Michelle Bender
Title: Acting City Manager
Attest:
By: _____________________
Name: ___________________
Title: ____________________
Approved as to form:
By: _____________________
Name: ___________________
Title: ____________________
IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding By and Between Co-Permittees Regarding Sharing of Costs Associated With Reimbursement of State Mandates Claim as of the date first set forth above.
City of Santee:
By: _____________________
Name: Marlene Best
Title: City Manager
Attest:
By: _____________________
Name: ___________________
Title: ____________________
Approved as to form:
By: _____________________
Name: ___________________
Title: ____________________
IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding By and Between Co-Permittees Regarding Sharing of Costs Associated With Reimbursement of State Mandates Claim as of the date first set forth above.
City of Solana Beach:
By: _____________________
Name: Greg Wade
Title: City Manager
Attest:
By: _____________________
Name: ___________________
Title: ____________________
Approved as to form:
By: _____________________
Name: ___________________
Title: ____________________
IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding By and Between Co-Permittees Regarding Sharing of Costs Associated With Reimbursement of State Mandates Claim as of the date first set forth above.
City of Vista:
By: _____________________
Name: John Conley
Title: City Manager
Attest:
By: _____________________
Name: ___________________
Title: ____________________
Approved as to form:
By: _____________________
Name: ___________________
Title: ____________________
EXHIBIT A
DRAFT BUDGET
The following draft budget for the Reimbursement Claim involves a number of known and potential steps and is based on the hourly rates of $275 per attorney and $215 for paralegals and $150 for administrative assistants. The work on this matter will be handled by Shawn Hagerty and Rebecca Andrews of Best Best & Krieger, Helen Holmes Peak of Lounsbery, Ferguson, Altona & Peak, and the San Diego County Counsel’s office. The budget is based on information known at this time and represents an estimate of potential costs. It will need to be adjusted as the Co-permittees move through the process.
Parameters and Guidelines / Reasonable Reimbursement Methodology – Commission on State Mandates Task
Est. Hours
Est. Cost
Consultant assistance preparing reasonable reimbursement methodology (See Attachment 1) See attachment 1
See attachment 1
Legal assistance preparing and filing reasonable reimbursement methodology 30 $8,500
Review Commission proposed decision and submit comments / rebuttal 60 $12,500
Attend hearing on adoption of parameters and guidelines / RRM 10 $2,750
Total
100
$27,000
Legal Support for Advocacy with Governor
If the Commission approves a satisfactory reimbursement methodology, the parties may seek to ensure that funding for the state’s reimbursement obligation is included in the next budget.
Task
Est. Hours
Est. Cost
Legal support for budget advocacy
20 $5,500
Petition for Writ of Mandate in State Court
If Co-permittees disagree with the Commission-adopted parameters and guidelines and/or a reasonable reimbursement methodology, the Co-permittees may challenge the decision in state court using the writ of mandate process.
Task
Est. Hours
Est. Cost
Prepare and file petition
100
$27,500
Prepare administrative record
20 $5,500
Attend procedural hearings
20 $5,500
Prepare opening brief
100
$27,500
Prepare reply brief
60 $16,500
Prepare for and attend hearing on petition
20 $5,500
Prepare post-trial papers
30 $8,250
Total
350
$96,250
Rehearing before Commission
Task
Est. Hours
Est. Cost
Rehearing before the Commission
80 $22,000
ATTACHMENT 1
CONSULTANT PROPOSAL FOR REASONABLE REIMBURSEMENT METHODOLOGY SUPPORT Task 1: Review Draft Parameters and Guidelines and Develop Questions for Legal Team Task 1 will involve the following:
Review the Draft Proposed Decision and Parameters and Guidelines issued by the State Mandates Commission on July 27, 2023.
Review previously-developed guidelines the Co-permittees developed to support calculating their costs for activities believed to be unfunded mandates when the test claim was originally prepared.
Prepare a list of questions for input from the Co-permittees’ legal team and meet with the legal team to discuss the questions. The purpose of these questions will be to refine details of what likely would and would not be allowed for reimbursement before we start preparing an RRM.
Task 1 Meetings and Deliverables include the following
List of questions for Co-permittee legal team input
Up to two (2) virtual meetings with Co-permittee legal team Task 2: Develop Initial Draft RRM
Task 2 includes the following:
Prepare an initial draft RRM, including data to be requested from Co-permittees and how data would be evaluated or analyzed to support reimbursement claim amounts.
Seek input from the Co-permittees’ legal team and Co-permittees on which option(s) will more practical and achievable to prepare (Co-permittee technical staff feedback) and defensible when evaluated by the State Mandates Commission, Department of Finance, and other stakeholders (Co-permittee legal team feedback).
Review annual reports and other internal cost information for one to two Co-permittees for the period of potential reimbursement to help refine the initial RRM approach before delivering it to the Co-permittee legal team.
Request input from the Co-permittee legal team on the likely legal defensibility of calculation options under consideration.
Task 2 Meetings and Deliverables include the following:
Initial draft RRM
Up to three (3) virtual meetings with Co-permittee legal team Task 3: Work with Co-permittee Subgroup to Prepare Refined RRM and RRM Calculation Tool Task 3 involves the following:
Identify a small group of Co-permittee staff that can provide initial feedback on the initial proposed RRM, focusing mainly on whether they think their agencies will be able to locate the data listed in the RRM that would be used as the basis for calculations. This group will likely include about five Co-permittee staff.
Meet with this group to explain the initial proposed RRM and portions of it that we think particularly need their feedback.
Provide the draft written initial proposed RRM for group feedback.
Consult with the Co-permittee legal team on appropriate mechanisms and structures for meetings and other communication to maintain confidentiality as applicable.
After receiving input from this subgroup, prepare a revised RRM.
Prepare a spreadsheet or similar tool to distribute to Co-permittees to calculate reimbursement amounts based on the RRM.
Task 3 Meetings and Deliverables include:
Proposed RRM
RRM calculation tool (spreadsheet or similar)
Sample executive summary style 1-2 page memo that Co-permittees can use to explain the purpose of this data collection to their management (e.g., City Managers or equivalent) Up to three (3) virtual meetings with Co-permittee subgroup
Task 4: Support for Reimbursement Calculations
Task 4 will involve the following:
Provide as-needed support for Co-permittees to answer questions they have as they fill in the necessary inputs to the RRM calculation tool.
Provide one initial training session for the Co-permittees where we will walk through the RRM tool Answer questions via email, phone calls, and virtual meetings as needed, to the extent allowed by the project budget.
Consult with the Co-permittee legal team on answering questions and copy the Co-permittee legal team on all written communication.
Task 4 Meetings and Deliverables include:
One (1) training session on the RRM calculation tool using MS Teams, Zoom, or equivalent As-needed responses to Co-permittee questions
Task 5: As-Needed Responses to Comments and RRM Revisions Task 5 includes the following:
Provide as-needed assistance to the Co-permittee legal team based on comments received on the RRM, such as answering questions or revising the RRM.
Task 5 Meetings and Deliverables include:
As-needed assistance, exact scope not known at this time Budget for Tasks 1-5 is not to exceed the following:
Tasks
Principal Scientist
Senior Scientist
Project Scientist
Staff
Scientist
II
Total
$208.00
$180.00
$159.00
$122.00
Task 1: Review Draft Parameters and Guidelines and Develop Questions for Legal Team 24 10
$6,792.00
Task 2: Develop Initial Draft RRM
20 28
16 30
$15,404.00
Task 3: Work with Co-permittee Subgroup to Prepare Refined RRM and RRM Calculation Tool 24 14
20 30
$14,352.00
Task 4: Support for Reimbursement Calculations
20 16
12 10
$10,168.00
Task 5: As-Needed Responses to Comments and RRM Revisions 30 10
14 $10,266.00
Overall Totals
118
78 62
70 $56,982.00
EXHIBIT B - COST SHARE FORMULA
The Cost Share Formula below is provided based on an example budget of $100,000.
Co-permittee
Population
Urbanized Land Area
Equal Division
Example Total Cost
45.0%
45.0%
10.0%
$100,000
Population
% of Total
Population Fee
Urbanized Land Area (Acres)
% of Total
Urbanized Land Area Fee
Equal Division Fee
Share of Total
% of Total
Carlsbad
95,146
3.12%
$1,403
19,260
2.95%
$1,326
$526
$3,256
3.26%
Chula Vista
217,543
7.13%
$3,208
26,941
4.12%
$1,855
$526
$5,589
5.59%
Coronado
26,973
0.88%
$398
2,476
0.38%
$171
$526
$1,095
1.09%
Del Mar
4,543
0.15%
$67
991
0.15%
$68
$526
$662
0.66%
El Cajon
97,703
3.20%
$1,441
8,921
1.37%
$614
$526
$2,581
2.58%
Encinitas
62,774
2.06%
$926
10,318
1.58%
$711
$526
$2,162
2.16%
Escondido
141,350
4.63%
$2,084
17,824
2.73%
$1,228
$526
$3,838
3.84%
Imperial Beach
27,710
0.91%
$409
1,359
0.21%
$94
$526
$1,028
1.03%
La Mesa
55,983
1.83%
$825
5,705
0.87%
$393
$526
$1,745
1.74%
Lemon Grove
25,531
0.84%
$376
2,495
0.38%
$172
$526
$1,075
1.07%
National City
63,773
2.09%
$940
4,342
0.66%
$299
$526
$1,766
1.77%
Oceanside
175,805
5.76%
$2,592
24,427
3.74%
$1,682
$526
$4,801
4.80%
Poway
50,675
1.66%
$747
19,707
3.02%
$1,357
$526
$2,631
2.63%
City of San Diego
1,305,736
42.78%
$19,252
144,242
22.07%
$9,934
$526
$29,712
29.71%
San Marcos
73,054
2.39%
$1,077
13,669
2.09%
$941
$526
$2,545
2.54%
Santee
54,476
1.78%
$803
10,011
1.53%
$689
$526
$2,019
2.02%
Solana Beach
13,400
0.44%
$198
2,126
0.33%
$146
$526
$870
0.87%
Vista
94,109
3.08%
$1,388
11,172
1.71%
$769
$526
$2,683
2.68%
County
465,716
15.26%
$6,867
327,436
50.11%
$22,550
$526
$29,943
29.94%
TOTALS
3,052,000
100.00%
$45,000
653,422
100%
$45,000
$9,474
$100,000
100.00%
7 60139.00093\41512954.2
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60139.00093\41512954.2
21 Signature Page to Memorandum of Understanding By and Between Co-Permittees Regarding Sharing of Costs Associated With Reimbursement of State Mandates Claim 60139.00093\41512954.260139.00093\41512954.2
60139.00093\41512954.2
60139.00093\41512954.2
29 Exhibit A to Memorandum of Understanding By and Between Co-Permittees Regarding Sharing of Costs Associated With Reimbursement of State Mandates Claim 60139.00093\41512954.260139.00093\41512954.2
60139.00093\41512954.2
60139.00093\41512954.2
33 Attachment 1 to Exhibit A to Memorandum of Understanding By and Between Co-Permittees Regarding Sharing of Costs Associated With Reimbursement of State Mandates Claim 60139.00093\41512954.260139.00093\41512954.2
60139.00093\41512954.2
60139.00093\41512954.2
35 60139.00093\41512954.260139.00093\41512954.2
60139.00093\41512954.2
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