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HomeMy WebLinkAboutAgenda Report - November 19, 2008 E-15AGENDA ITEM &.15 CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Storm Water Treatment Device Access and Maintenance Agreements MEETING DATE: November 19,2008 PREPARED B Y Public Works Director RECOMMENDED ACTION: Adopt Resolution authorizing the City Managerto execute Storm Water Treatment Device Access and Maintenance Agreements required by the Storm Water Development Standard Plans on behalf of the City. BACKGROUND INFORMATION: The Council adopted Storm Water Development Standard Plans (DSP) in August 2008. The typical DSP consists of the installation of an activity -specific Best Management Practices (BMPs) that alone or in combination with other BMP's achieve the water quality objectives of the regulations. The BMP is installed on private property, drains only private property, and is a private facility and, therefore, all operation, maintenance and replacement costs are the sole responsibility of the owner. The DSP requires that maintenance agreements between the City and property owners be established. These maintenance agreements have been individually approved by the City Council. This arrangement requires staff time to prepare the Council Communication and obtain Council approval, which can lead to project delays. The standards also require an annual inspection of the post -construction BMPs to confirm they are being maintained and operated correctly. The Storm Water Treatment Device Access and Maintenance Agreements setforth the owner's responsibilities regarding access to and maintenance of the BMPs. The City shall complete annual inspections of the post -construction BMP's to confirm they are being maintained and operated correctly. The property owner is responsible for the cost of the inspection and will be billed for each inspectionwhen completed. The current inspection fee is $122 and subject to increase based on the Consumer Price Index (San Francisco, Urban, unadjusted). A copy of the standard agreement is attached as ExhibitA. Staff recommends that the Council authorize the City Managerto execute such agreements on behalf of the City. FISCAL IMPACT: Not applicable. FUNDING AVAILABLE: Not applicable. A F. Wally Sqhefin PublicWorks Director Prepared by Chris Boyer, Junior Engineer FW5/CRB/pmf Attachment cc: Senior Civil EngineerWelch APPROVED: /-_.1, Blair Manaaer KAWPOEV_SERACC_Mai�rtAVe mera-4SP.doc �—_ .. 1111412008 Exhibit A WHEN RECORDED, RETURN TO: City Clerk City of Lodi 221 West Pine Street Lodi, CA 95240 STORM WATER TREATMENT DEVICE ACCESS AND MAINTENANCE AGREEMENT THIS AGREEMENT is made and entered into by and between the CITY OF LODI, hereinafter referred to as "City" and , hereinafter referred to as "Owner". RECITALS: Owner is the owner of that certain real property situated in the City of Lodi, County of San Joaquin, known as (Project Address) (APN - - ) and described as follows: (INSERT LEGAL DESCRIPTION OR SEE EXHIBIT B) WHEREAS, the Owner owns real property ("Property") in the City of Lodi, County of San Joaquin, State of California, depicted in Exhibits A and B, which are attached hereto and incorporated herein by this reference; WHEREAS, at the time of initial approval of development project known as (Project Address) within the Property described herein, the City required the project to employ on-site control measures to minimize pollutants in urban runoff; WHEREAS, the Owner has chosen to install the following device or devices (Enter description of the devices used for project), hereinafter referred to as "Device", as the on-site control measure to minimize pollutants in urban runoff; WHEREAS, said Device has been installed in accordance with the requirements of the City of Lodi Development Standards Plan and the Owner's plans and specifications accepted by the City; WHEREAS, said Device, is installed on private property, drains only private property, and is a private facility, and therefore, all operation, maintenance and replacement costs are the sole responsibility of the Owner in accordance with the terms of this Agreement; WHEREAS, the Owner is aware that periodic and continuous maintenance, including, but not necessarily limited to, sediment removal, is required to assure peak performance of Device and that, furthermore, such maintenance activity will require compliance with all Local, State, or Federal laws and regulations, including those pertaining to confined space and waste disposal methods, in effect at the time such maintenance occurs; NOW THEREFORE, it is mutually stipulated and agreed as follows: Owner hereby provides the City or City's designee complete access, of any duration, to the Device and its immediate vicinity at any time, upon reasonable notice, or in the event of emergency, as determined by City's Director of Public Works with no advance notice, for the purpose of inspection, sampling, testing of the Device, and in case of emergency, to undertake all necessary repairs or other preventative measures at owner's expense as provided in paragraph 3 below. The Owner/Operator shall retain all operation and maintenance records at the facility for City inspection, and a copy shall be provided to the City if requested. The City shall complete annual inspections of the post construction Best Management Practices to confirm they are being maintained and operated correctly. The property owner is responsible for the cost of the inspection and will be billed for the inspection fee in place at the time of the inspection. City shall make every effort at all times to minimize or avoid interference with Owner's use of the Property. 2. Owner shall use its best efforts to diligently maintain the Device in a manner assuring peak performance at all times. All reasonable precautions shall be exercised by Owner and Owner's representative or contractor in the removal and extraction of material(s) from the Device and the ultimate disposal of the material(s) in a manner consistent with all relevant laws and regulations in effect at the time. When requested from time to time by the City, the Owner shall provide the City with documentation identifying the material(s) removed, the quantity, and disposal destination. 3. In the event Owner, or its successors or assigns, fails to accomplish the necessary maintenance contemplated by this Agreement, within five (5) days of being given written notice by the City, the City is hereby authorized to cause any maintenance necessary to be done and charge the entire cost and expense to the Owner or Owner's successors or assigns, including administrative costs, attorneys fees and interest thereon at the maximum rate authorized by the Civil Code from the date of the notice of expense until paid in full, and Owner hereby agrees to pay such charge within 30 days of receipt of City's written demand for payment. 4. The City may require the owner to post security in form and for a time period satisfactory to the City to guarantee the performance of the obligations stated herein. Should the Owner fail to perform the obligations under the Agreement, the City may, in the case of a cash bond, act for the Owner using the proceeds from it, or in the case of a surety bond, require the surety to perform the obligations of the Agreement. As an additional remedy, the Public Works Director may suspend any previous stormwater related approval with respect to the property on which a Device has been installed until such time as Owner repays to City its reasonable costs incurred in accordance with paragraph 3 above. 5. This agreement shall be recorded in the Office of the Recorder of San Joaquin County, California, at the expense of the Owner and shall constitute notice to all successors and assigns of the title to said Property of the obligation herein set forth. This agreement shall serve as a lien on the property in such amount as will fully reimburse the City for all costs incurred in fulfilling Owners obligation under this Agreement, including interest as herein above set forth. 6. In event of legal action occasioned by any default or action of the Owner, or its successors or assigns, then the Owner and its successors or assigns agree(s) to pay all costs incurred -2- by the City in enforcing the terms of this Agreement, including reasonable attorney's fees and costs, and that the same shall become a part of the lien against said Property. 7. It is the intent of the parties hereto that burdens and benefits herein undertaken shall constitute covenants that run with said Property and constitute a lien there against. 8. The obligations herein undertaken shall be binding upon the heirs, successors, executors, administrators and assigns of the parties hereto. The term "Owner" shall include not only the present Owner, but also its heirs, successors, executors, administrators, and assigns. Owner shall notify any successor to title of all or part of the Property about the existence of this Agreement. Owner shall provide such notice prior to such successor obtaining an interest in all or part of the Property. Owner shall provide a copy of such notice to the City at the same time such notice is provided to the successor. 9. Time is of the essence in the performance of this Agreement. 10. Any notice or demand for payment to a party required or called for in this Agreement shall be served in person, or by deposit in the U.S. Mail, first class postage prepaid, to addresses listed on Page 1 of this agreement either for the Owner or City. Notice(s) shall be deemed effective upon receipt, or seventy-two (72) hours after deposit in the U.S. Mail, whichever is earlier. A party may change a notice address only by providing written notice thereof to the other party. -3- IN WITNESS THEREOF, the parties hereto have affixed their signatures as cf the date first written above. CITY OF LODI, a Municipal Corporation Dated: 2008 By: Attest: Blair King, City Manager Randi Johl, City Clerk (Name of Facility) Dated: 2008 By: (Property Owner) By: Approved as to form: D. Stephen Schwabauer City Attorney Dated: 2008 EXHIBIT A (Legal Description) -5- EXHIBIT B (Operation & Maintenance Plan) RESOLUTION NO. 2008-221 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE STORM WATER TREATMENT DEVICEACCESS AND MAINTENANCE AGREEMENTS WHEREAS, the Council adopted Storm Water Development Standard Plans (DSP) in August 2008, and the typical DSP consists of the installation of an activity -specific Best Management Practices (BMPs) that alone or in combination with other BMP's achieve the water quality objectives of the regulations; and WHEREAS, the BMP is installed on private property, drains only private property, and is a private facility, and therefore all operation, maintenance, and replacement costs are the sole responsibility of the Owner; and WHEREAS, the Storm Water Treatment Device Access and Maintenance Agreements set forth the Owner's responsibilities regarding access to and maintenance of the BMP's; and WHEREAS, these maintenance agreements have been individually approved by the City Council, which requires staff time and can lead to project delay; therefore, staff recommends that the Council authorize the City Manager to execute such agreements on behalf of the City. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute Storm Water Treatment Device Access and Maintenance Agreements on behalf of the City. Dated: November 19,2008 hereby certify that Resolution No. 2008-221 was passed and adopted by the City Council of the City of Lodi in a regular meeting held November 19, 2008, by the following vote: AYES: COUNCIL MEMBERS — Hansen, Hitchcock, Johnson, Katzakian, and Mayor Mounce NOES: COUNCIL MEMBERS— None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS— None 2008-221