2006/11/14 City Council Resolution (5)RESOLUTION NO. 2006-261
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING A MEMORANDUM OF UNDERSTANDING FOR
SEWER LATERAL BUILDING PLAN REVIEW AND INSPECTION SERVICES WITH
SONOMA COUNTY FOR CANON MANOR
WHEREAS, the City of Rohnert Park has agreed to provide sewer service to an
unincorporated subdivision east of Rohnert Park called Canon Manor, and
WHEREAS, the City of Rohnert Park desires that sewer laterals in Canon Manor be
constructed to City of Rohnert Park standards, and
WHEREAS, the County of Sonoma wishes to delegate inspection of the sewer laterals in
Canon Manor to the City of Rohnert Park,
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and approve a Memorandum of Understanding for Sewer
Lateral Building Plan Review and Inspection Services for Canon Manor.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to execute this MOU in substantially similar form to the attached MOU for and on behalf of the
City of Rohnert Park.
DULY AND REGULARLY ADOPTED this 14th day of November , 20 06
ATTEST:
ty Cler
CITY OF ROHNERT PARK
y-_
Mayor
BREEZE: AYE FLORES: AYE MACKENZIE: AYE VIDAK- MARTI.NEZ: AYE SMITH: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
MEMORANDUM OF UNDERSTANDING FOR SEWER LATERAL
BUILDING PLAN REVIEW AND INSPECTION SERVICES
Canon Manor
AGREEMENT
This is an Agreement entered into this day of , 2006, by and between
the City of Rohnert Park ( "City ") and the County of Sonoma ( "County ").
Recitals
1. The Canon Manor subdivision ( "Subdivision "), is located in the
unincorporated area of the County southeast of the City.
2. Residences in the Subdivision currently use onsite wastewater treatment
systems (typically septic tanks with leach fields) to treat wastewater. Due to
groundwater contamination from the onsite wastewater systems, no new
septic tanks will be installed and existing systems will be abandoned. The
City has entered into a separate agreement with the County to provide
offsite treatment of wastewater for homes in the Subdivision. Eventually,
all homes will abandon the use of septic systems in order to be connected to
the public sewer system maintained by the City.
3. The County is. constructing the sewer system in the public right -of -way.
Homeowners in the Subdivision will be responsible for constructing the
sewer laterals on their respective private properties. The installation
standards for this -work are regulated by the California Plumbing Code
(Title `24; California ; Code '`of Regulations (the "California Building
Standards Code'), Part.S).
4. As -indicated in-California Health and Safety Code section 17960, "The
building department of every city or county shall enforce within its
jurisdiction all the provisions published in the State Building Standards
Code..." Therefore, the County has jurisdictional authority for the issuance
and inspectioh of plumbing permits for the sewer laterals.
5. The Subdivision is located within the LAFCO approved sphere of influence
of the City of Rohnert Park. The Subdivision is also located within Rohnert
Park's Urban Growth Boundary. The County has asked the City to review
the plans, issue all necessary permits, and assume inspection responsibilities
for the sewer laterals.
6. The Chief Building Official of Sonoma County and the Building Official of
the City of Rohnert Park agree that, under these facts and circumstances, it
would be more efficient for the City of Rohnert Park to assume
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responsibility for issuing permits and inspecting the construction of the
sewer laterals. This memorandum of understanding is intended to delegate
the County's responsibility to inspect sewer lateral construction to the City
in exchange for the City's collection of inspection fees.
NOW, THEREFORE, the Parties to this Agreement, in consideration of the mutual
promises set forth herein, do hereby agree as follows:
1. Authority: This Agreement is entered into pursuant to the authority granted
by California Government Code § 23004(c), which authorizes the County to
make contracts necessa.— to the exercise of its po`vver s.
2. Designated Staff Persons: The City hereby designates the City Building
Official, and the County hereby designates the County Chief Building
Official to be the respective representatives of the Parties in the
implementation of this Agreement.
3. City Building Official deputized: The County Chief Building Official
authorizes the City Building Official to review all plans and building permit
applications, issue all necessary building permits, and conduct all building
and construction inspections related to the sewer laterals under the terms
and provisions of this Memorandum of Understanding.
4. Permits and fees: All required building permit fees for the sewer laterals
shall be set by, paid o. , and belong. to the City of Rolulert Park as full
compensation for the expenses incurred by the City for performing its
obligations unddf -this Agreement: The City of Rohnert Park Building
Official,- designated employee of the Rohnert Park Building Division staff,
or plan check eonsultant with a valid contract with the City to provide plan
check services, shall be'_ ponsible for reviewing the plans and building
perrn�t,.applications issuing the necessary building permits, and conducting
all building and construction inspections for the sewer laterals. The County
shall have no plan check or inspection oversight in connection with sewer
lateral const C`i on in the Subdivision
5. Indemnification: Each party shall indemnify, defend, protect, hold
a,A 44-
,iu tuG ,
IL,, 01MUCIS, agents, and employees, from
and against any and all claims, loss, proceedings, damages, causes of action,
liability, costs, or expense (including attorneys' fees and witness costs)
arising from or in connection with, or caused by any act, omission, or
negligence of such indemnifying party. This indemnification obligation
shall not be limited in any way by any limitation on the amount or type of
damages or compensation payable to or for the indemnifying party under
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workers' compensation acts, disability benefit acts, or other employee
benefit acts.
6. Appeals: Pen-nit applicants in the Project area wishing to file appeals
related to permits issued by the City shall do so with the City of Rohnert
Park Building Division. The County's appeals board shall hear the appeal
in accordance with the Uniform Administrative Code.
7. Records: The City shall maintain all records associated with the issuance
and review of permits for the Project. The City shall notify the County
whenever a pen-nit is issued for the Project and again when a final
inspection has been performed for the project.
8. Third parties: Nothing contained in this Memorandum of Understanding
shall be construed to create any third party beneficiaries and the parties do
not intend to create any rights in third parties.
9. Term: This Agreement shall terminate upon completion of the last final
inspection of a sewer lateral in the Subdivision. Either- party may terminate
this Agreement at any time by giving sixty days written notice.
10. Notice: Notice shall be provided to the parties at the following addresses:
County:
DeWayne Starnes, Building Official
Sonoma County Pennit and Resource Management Department
2550 Ventura Avenue. Santa Rosa. CA 95403
Rohnert
City C1exk
6750 Corrunerce Boulevard
Rohnert Park. CA 94928
11. Final Agreement: This Memorandum of Understanding is intended both as
the final expression of the agreement between the parties hereto with
respect to the included terms and as a complete and exclusive statement of
the terms of the Memorandum of Understanding, pursuant to Code of Civil
Procedure Section 1856. No modification of this Memorandum of
Understanding shall be effective unless and until such modification is
evidenced by a writing signed by both parties.
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Approved as to form:
County Counsel
Approved as to form
Dated:
Building Official
Sonoma County
2006
Mayor
City of Rohnert Park
Assistant City, Attorney
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