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HomeMy WebLinkAbout4/18/2018 - STAFF REPORTS - 1G o�QplMsp� iy a u a beirto c441F°AN�P City Council Staff Report April 18, 2018 CONSENT CALENDAR Subject: APPROVAL OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PALM SPRINGS AND THE COUNTY OF RIVERSIDE FOR TECHNICAL ASSISTANCE AND PLAN REVIEW FOR ONSITE WASTEWATER TREATMENT SYSTEMS From: David H. Ready, City Manager Initiated by: Engineering Services Department SUMMARY Approval of this MOU will allow the City to continue to use Riverside County Department of Environmental Health for review and plan check of proposed onsite wastewater treatment systems within the City of Palm Springs. RECOMMENDATION: 1) Approve the Memorandum of Understanding between the City of Palm Springs and Riverside County for Technical Assistance and Plan Check Services for Onsite Wastewater Treatment Systems within the City of Palm Springs; and 2) Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS: The City of Palm Springs receives applications for developments that are not served by the City's wastewater collection system, and are therefore required to install onsite wastewater treatment systems (OWTS). Historically, the plan check services for these systems has been provided by Riverside County. Due to changes in State regulations and oversight, Riverside County now needs these services to be provided under a Memorandum of Understanding between the County and the parties that are requesting the OWTS services. Approval of this MOU will allow these services to continue unimpeded. POEM NC. City Council Staff Report April 18, 2018- Page 2 Onsite Wastewater Treatment Systems MOU BACKGROUND: In 1976, the City expanded its Wastewater Treatment Plant using State funds with conditions that the City extend sewers to all properties. On August 15, 1984, the City adopted Resolution No. 15188, which allowed for exemptions to the mandatory requirement to connect to the public sewer if the costs associated with the on-site sewer connection exceeded $3,000, or if the costs associated with the off-site sewer extension exceeded $5,000. On July 2, 2003, the City adopted Resolution No. 20650, which adjusted the prior exemptions to $4,776 for on-site sewer connections, or $7,960 for off- site sewer extensions, with annual adjustments in accordance with the Engineering News Record Construction Cost Index. This is reflected in the City's Building Codes, which require a property to connect to the public sewer at the time a building permit is issued for new construction, or if the existing on-site septic tank system fails or requires expansion. However, mandatory connections are exempted if the public sewer is more than 500 feet away, or if the costs for on-site connection or off-site extension exceed the amounts previously identified. Based on the exemptions above, the City continues to receive applications for onsite wastewater treatment systems. These applications require plan check services and technical expertise, which have historically been provided to the City by Riverside County. These services would continue to be provided to the city under the Memorandum of Understanding (Attachment 1) between the City and Riverside County. One of the provisions under the MOU is that the City shall rescind or suspend all ordinances, regulations, or mandatory laws regarding onsite wastewater treatment systems within the City. The City currently defers to the County for requirements regarding the specifics of the design and regulation of onsite wastewater treatment systems, so no rescissions of existing laws or ordinances are required. Staff recommends the adoption of the Memorandum of Understanding as presented and in a format approved by the City Attorney. In order for these services to continue to be provided by Riverside County, this MOU must be executed by May, 2018. If the City does not execute the Agreement by that date, staff will return with a request to authorize a consultant contract to provide these services and additional agreements with the State of California for permitting, oversight, and reporting. FISCAL IMPACT: Riverside County currently charges developers/owners for plan check and inspection services relating to Onsite Wastewater Treatment Systems. The County also manages reporting and permitting with the State on these systems. There are no direct costs to the City for these services. Under the MOU, the property owners would continue to pay the County directly for these services. 02 City Council Staff Report April 18, 2018- Page 3 Onsite Wastewater Treatment Systems MOU SUBMITTED: Thomas Garcia, P.E. Marcus L. Fuller, MPA, P.E., P.L.S. Director of Engineering Services/City Engineer Assistant City Manager David H. Ready, City Manager ATTACHMENTS: 1. Memorandum of Understanding 03 ATTACHMENT 1 04 MEMORANDUM OF UNDERSTANDING BETWEEN RIVERSIDE COUNTY DEPARTMENT OF ENVIRONMENTAL HEALTH AND THE CITY OF PALM SPRINGS This Memorandum of Understanding (MOU) is made and entered into by and between the CITY OF PALM SPRINGS, hereinafter referred to as "CITY" and the COUNTY OF RIVERSIDE, DEPARTMENT OF ENVIRONMENTAL HEALTH, hereinafter referred to as "COUNTY", to be effective on the date approved by both parties. I. RECITALS: WHEREAS, CITY desires Environmental Planning review, Technical Assistance, and Plan Review for Onsite Wastewater Treatment Systems (OWTS) in accordance with the Riverside County Local Agency Management Program (LAMP) and; WHEREAS, CITY does not have an approved LAMP and; WHEREAS, COUNTY's LAMP was approved by the Regional Water Quality Control Board on November 17, 2016 and; WHEREAS, CITY desires to abide by the Riverside County LAMP and; WHEREAS, CITY agrees to rescind any and all existing OWTS ordinances, rules and regulations prior to COUNTY'S review to avoid conflicting and duplicative rules and regulations and; WHEREAS, CITY agrees to enact necessary regulation to allow for billing of permit fees by COUNTY for services to be rendered, according to County of Riverside Ordinance No. 640 and; 1 05 WHEREAS, COUNTY has personnel with sufficient training and expertise to provide such services in accordance with the LAMP and; WHEREAS, COUNTY is prepared to provide such services under the terms and conditions set forth in this Memorandum of Understanding; and WHEREAS, CITY and COUNTY agree to now enter into this Memorandum of Understanding for a period of five (5) years; NOW THEREFORE, in consideration of the mutual promises, covenants and conditions contained herein, the parties mutually agree as follows: 11. TERMS AND CONDITIONS A. SUMMARY The CITY requires professional services as described herein from the COUNTY for review of Onsite Wastewater Treatment Systems (OWTS). B. TERM The term of this MOU shall be effective on the date of execution, or on the date CITY enacts all necessary ordinances, rules and regulations regarding rescission of existing OWTS laws and to allow COUNTY to bill for permit fees. The agreement shall continue in effect for up to 5 five years, or until terminated as outlined in section IV below. C. SERVICES TO BE RENDERED Plan Review Services: Provide plan review of OWTS for commercial and residential applications. This review will include inspections of the property and technical review of the soil percolation study to ensure compliance with the Riverside County LAMP. Requests for an OWTS shall be accompanied by a City application or building 2 06 permit and shall be presented in person by the project proponent to a County Environmental Health office for their review. The project proponent shall be responsible for the payment of any applicable fees, as established in County Ordinance 640 and codified in Riverside County Code, Ch. 4.52 for the type of review requested at the time of submission of the request, to cover the cost of services provided. All such review shall be provided within fifteen (15) working days of submittal of a completed application. Planning Review: Provide environmental planning review to the City for all residential and commercial projects proposing OWTS, to ensure compliance with Riverside County LAMP. The project proponent shall be responsible for the payment of any applicable fees, at the current hourly rate established in County Ordinance 640 as codified in Riverside County Code, Ch. 4.52, to cover the cost of services provided. All such reviews shall be provided within (20) twenty working days of request for such services. Inspection/Review of Annual Evaluation for Advanced Treatment Units (ATU): Provide inspection and/or review of the annual evaluation report for ATUs as required in the LAMP. The project proponent and/or homeowner shall be responsible for the payment of any applicable fees, as established in County Ordinance 640 and codified in Riverside County Code, Ch. 4.52, to cover the cost of services provided. Services to be rendered specifically exclude COUNTY response to and enforcement of any complaints regarding malfunction or failure of an OWTS. CITY agrees to enact any ordinances or regulations necessary to enforce the failure of any OWTS, and to enforce in a manner consistent with the LAMP. CITY shall enact any necessary ordinances to allow for COUNTY to directly bill any applicant. 3 07 CITY shall rescind, or suspend for the duration of this agreement and any subsequent renewals, any and all ordinances, regulations or other mandatory laws regarding OWTS systems within the CITY to avoid duplication of laws or conflicting laws. CITY shall also enact necessary implementation ordinances, regulations or other laws that would allow the provisions of the LAMP to control within the CITY's border and also that would allow COUNTY to provide services under the LAMP. D. PERSONNEL The services provided by the COUNTY shall be performed by COUNTY personnel under the control and direction of COUNTY. To the extent that CITY personnel may also participate in any of the activities herein provided for, CITY agrees to conduct those activities in accordance with the COUNTY LAMP, and any expenses by the CITY in this process shall be borne by CITY. E. MUTUAL HOLD HARMLESS/INDEMNIFICATION 1) CITY agrees to defend, indemnify, and hold harmless COUNTY, its directors, officers, agents, Board of Supervisors, elected and appointed officials, employees, and representatives from and against any liability, damages, costs, losses, claims and expenses, based or asserted upon any services of COUNTY, its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this MOU, including but not limited to property damage, bodily injury, or death or any other element of any kind or nature whatsoever and resulting from any reason whatsoever arising from the performance of COUNTY, its officers, agents, employees, subcontractors, agents or representatives. 2) CITY shall defend at its sole expense, all costs and fees including but not limited to attorney fees, cost of investigation, defense and settlements or 4 08 awards of all Agencies, Districts, Special Districts, and Departments of the COUNTY, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives in any claim or action based upon such alleged acts or omissions. 3) In the event there is conflict between this clause and California Civil Code Section 2782, this clause shall be interpreted to comply with Civil Code 2782. Such interpretation shall not relieve CITY from indemnifying the COUNTY to the fullest extent allowed by law. 4) With respect to any action or claim subject to indemnification herein by CITY, CITY shall, at their sole cost, have the right to use counsel of their own choice, subject to approval of COUNTY, which shall not be unreasonably withheld, and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of COUNTY provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes CITY'S indemnification to COUNTY as set forth herein. CITY'S obligation to defend, indemnify and hold harmless COUNTY shall be subject to CITY having given COUNTY written notice within a reasonable period of time of the claim or of the commencement of the related action as the case may be, and information and reasonable assistance, at CITY'S expense, for the defense or settlement thereof. COUNTY'S obligation hereunder shall be satisfied when CITY has provided to COUNTY the appropriate form of dismissal relieving COUNTY from any liability for the action or claim involved. 5) COUNTY agrees to defend, indemnify, and hold harmless CITY, its directors, officers, agents, Board of Supervisors, elected and appointed officials, employees, and representatives from and against any liability, damages, costs, losses, claims and expenses, based or asserted upon any services of 5 09 CITY, its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this MOU, including but not limited to property damage, bodily injury, or death or any other element of any kind or nature whatsoever and resulting from any reason whatsoever arising from the performance of CITY, its officers, agents, employees, subcontractors, agents or representatives. 6) COUNTY shall defend at its sole expense, all costs and fees including but not limited to attorney fees, cost of investigation, defense and settlements or awards of all Agencies, Districts, Special Districts, and Departments of the CITY, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives in any claim or action based upon such alleged acts or omissions. 7) In the event there is conflict between this clause and California Civil Code Section 2782, this clause shall be interpreted to comply with Civil Code 2782. Such interpretation shall not relieve COUNTY from indemnifying the CITY to the fullest extent allowed by law. 8) With respect to any action or claim subject to indemnification herein by COUNTY, COUNTY shall, at their sole cost, have the right to use counsel of their own choice, subject to approval of CITY, which shall not be unreasonably compromise withheld, and shall have the right to adjust, settle or p romise any such action or claim without the prior consent of CITY provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes COUNTY'S indemnification to CITY as set forth herein. COUNTY'S obligation to defend, indemnify and hold harmless CITY shall be subject to COUNTY having given CITY written notice within a reasonable 6 10 period of time of the claim or of the commencement of the related action as the case may be, and information and reasonable assistance, at COUNTY'S expense, for the defense or settlement thereof. CITY'S obligation hereunder shall be satisfied when COUNTY has provided to CITY the appropriate form of dismissal relieving CITY from any liability for the action or claim involved. III. AMENDMENTS Any amendment, modification, or variation from the terms of this MOU shall be in writing and shall be effective only upon mutual approval by the authorized parties. IV. TERMINATION Either CITY or COUNTY may terminate this Agreement at any time by giving (30) day written notice with or without cause to the designated contacts. Upon receipt of any notice of termination on the agreed upon effective date of termination services shall cease thereafter. Upon termination of this MOU, any OWTS under permit and subject to annual inspection shall revert to the CITY for inspection and permitting. Any fees paid to the COUNTY for an annual permit prior to notification of termination, shall not be refunded by the COUNTY. V. COMPLETE MEMORANDUM OF UNDERSTANDING This written MOU, including all writings specifically incorporated hereby in reference, shall constitute the complete MOU between the parties hereto. No oral MOU, agreement or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral MOU, agreement or representation be binding upon the parties hereto. Any previous agreements between the CITY and COUNTY, whether oral or written, with regards to the activities outlined in Section II C of this MOU, shall be supplanted by this MOU. Other agreements or contracts between the CITY and COUNTY, not involving OWTS, shall be unaffected by this MOU. 11 VI. JURISDITION/VENUE This MOU shall be governed by, and construed in accordance with, the laws of the State of California. CITY agrees and consents to the exclusive jurisdiction of the courts of the State of California for all purposes regarding this MOU and further agrees and consents that venue of any action brought hereunder shall be exclusively in the County of Riverside. VII. NOTICE All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: CITY: COUNTY: City of County of Riverside Department of Environmental Health 4065 County Circle Drive Riverside, CA 92503 Vlll. AUTHORITY TO EXECUTE MEMORANDUM OF UNDERSTANDING Both CITY and COUNTY do covenant to each individual executing this MOU on behalf of each party is a person duly authorized. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first herein above written. CITY OF COUNTY OF RIVERSIDE 8 12 APPROVED AS TO FORM: Gregory P. Priamos County Counsel By: Dated Eric Stopher, Deputy County Counsel s 13