Good Evening City Council Members,
I am writing to express my concern and opposition to the proposed Sewer Lateral Point of Sale Ordinance in Placerville, CA. While I understand the importance of maintaining and upgrading the city's sewer infrastructure, I believe that implementing such an ordinance at this time could be impractical and unjust, given the current state of the city's sewer lines and connections.
One of the primary issues is the lack of accurate mapping of the city's sewer lines. As it stands, a significant portion of the sewer infrastructure in Placerville remains unmapped, and many lines may traverse multiple neighboring properties. Requiring homeowners to inspect and replace sewer lines without a clear understanding of the entire system's layout can lead to unnecessary financial burdens and complications.
Moreover, the potential necessity for homeowners to inspect and replace sewer lines that extend beyond their property boundaries raises complex legal and logistical challenges. It may involve obtaining permissions and cooperation from multiple property owners, each with their own set of considerations and concerns. This process could be time-consuming, expensive, and may lead to disputes among neighbors, adding an extra layer of stress for homeowners already facing the prospect of complying with the ordinance.
The proposed ordinance, as it stands, seems onerous and punitive, placing an undue burden on individual homeowners who may have limited control over the entirety of the sewer infrastructure that serves their property. Instead, I propose that the city invest in comprehensive mapping and assessment of the entire sewer system before implementing such an ordinance. This approach would enable a more targeted and efficient strategy for addressing necessary repairs and upgrades without unfairly burdening homeowners.
I propose that the City Council reevaluate the need for the Sewer Lateral Point of Sale Ordinance and, instead, focus on enhancing public awareness of the existing policies and procedures for addressing sewer line repairs. This could include robust communication efforts to educate homeowners, real estate professionals, and other stakeholders about the importance of prompt reporting and resolution of sewer-related issues.
In conclusion, I respectfully urge the City Council to reconsider the necessity of the proposed Sewer Lateral Point of Sale Ordinance in light of the city's existing policies and their effectiveness in dealing with sewer line repairs. By focusing on public education and continued infrastructure maintenance, we can ensure a more efficient and equitable approach to addressing the city's sewer system challenges.
Thank you for your time and consideration.
Sincerely,
Ruth Carter
10./
11/14/2023
Comments to Placerville City Council 11-14-23
Re: Private Sewer Laterals
Thank you for this opportunity to comment on the private sewer lateral issue. Can you hear me OK? I am going to read half of our 13 issues and John will read the rest.
1. Please schedule another workshop to openly discuss the issues presented below. We need more interactions and discussion time for all the many issues involved before this ordinance is passed.
2. We are concerned that a number of Placerville's senior citizens could be priced out of their homes due to mandated costs associated with this Ordinance, raising the same issues as Prop. 13 years ago. Is this going to lead to another class action lawsuit over the same/similar principles? And what cost are we talking about? | know each situation is different. How many thousands of dollars would it take to fix a force main 400 foot PSL with, for example, 4 properties on it?
3. The City recently raised their permit fees SUBSTANTIALLY when knowing full well that this fee generating proposal was just around the corner. I'm suggesting that this is just another TAX on all of us to fulfill the requirements of the city to maintain their sewer system without actually calling this a TAX.
4. I see in your letter to the Regional Water Quality Control Board that Measure H and L funds will pay for your Capital Improvement Projects. Did you receive federal infrastructure funding or state storm funds? Why can't any of these funds help with paying for PSL's? I read online that there are cities which are using their public funds for PSL's, saying that the downstream contamination the PSL's may cause is a public issue, not a private issue, therefore public funds can be used to pay for PSL issues.
5. There are inconsistencies with this new Ordinance and the City Code, all of which should be discussed when we have more than 3 minutes to address our issues. As discussed above, please schedule another Town Hall workshop to discuss these issues and others presented tonight.
6. In the Frequently Asked Questions, there is mention of an Appeal process, but it is not delineated in the Ordinance. An Appeal Process should be inserted in this new Ordinance. Add a new Roman Numeral Section V and renumber the Effective Date to Roman Numeral VI. Spell out that one has ONLY 10 days to file a written Appeal with the City Clerk on a form specified by the City and include a copy of that form. We suggest that a 30 day time frame for filing an Appeal replace the 10 day time frame. Briefly include that the appeal process includes mediation and an administrative hearing.
This should calm some of the concerns of a costly court trial on any issues wherein the homeowner disagrees with the city on enforcement.
7. The original establishment of PSLs was based on what thinking by the city? Why were these allowed in the first place? Didn't the City install these PSLs? If.not, why did the city allow licensed contractors.to install them? When these PSLs were installed, the installation met the same standards as the city installed sewer, so why didn't the city incorporate them into the city sewer system? Did the city not have sufficient funds to install the PSLs but wanted the tax dollars from new home construction, so they authorized private contractors to do the city work for them? If the city is willing to acquire our PSL as part of the city sewer system, I suspect many of us would be willing to negotiate that possibility.
8. We feel there should be an exemption in the PSL ordinance for those PSL's that have no probability of causing contamination within 200 feet of surface waters, defined as a river, creek or stream.
9. Joint and several responsibility, especially financial responsibility, bears more discussion. How do you justify forcing a homeowner to pay for the actions of their neighbor? Once a sewer revision takes place the financial clock starts ticking. Many Placerville senior citizens are on a pension and have limited discretionary spending. To place such a burden on them is unconscionable and likely illegal. Since there will be a lien on their property, you need to find a way to suspend any interest on these costs (instead of 10% interest compounded annually that the city code specifies) until that individual person(s) decides to take some action where they will be financially liable for those actions. So instead of spending legal budget monies on this, use that money to suspend interest payments for those affected by other neighbors' actions. Additionally, how does the owner who incurred these expenses retrieve their share of costs from the deficient landowner since a city lien will be placed on that person's property?
10. How much of the City's Legal budget do you plan to spend on enforcing these regulations and how much do you plan to spend on fighting the class action legal battles you incur over this Ordinance? What is your estimate of legal costs for these issues? Is this a wise expenditure of our tax dollars? Shouldn't you take your time to flesh out the particulars of this proposal before you waste our tax dollars?
11. The implementation of this Ordinance is altogether another issue. When do you plan to discuss how you-plan to implement the actual process? Have you taken any action on the 144 problem PSLs? If not, why not and if so, what have the results been? We, the public, should know all of these answers before jumping headlong into a potential morass of conflicting issues. You should start implementation with these 144 PSL problem areas and report back to the citizens what type of issues arose and how you can best alleviate those unforeseen issues, revise this Ordinance to reflect those issues and resubmit for the citizens of Placerville to comment on.
12. With new sewer line replacements, the 20 year inspection/renewal frequency. should be increased to 40-50 years, which is closer to the 50 year life span of the PVC.
13. Big question, how did you discern PSL waste from the city's waste in Hangtown Creek or any other creek? Did you perform dye tests? If not, then this is purely speculation and an attempt to transfer the problem Noticed by the Water Board to PSLs instead of admitting the city's own sewer system had failures of its own. It's common knowledge that the super storms of January caused the overflowing of Placerville's sewer system. We all understand the need to fix that problem but it's disingenuous to place most of the blame on PSLs when we all know it's a bigger issue than PSLs. If citizens on a currently approved city sewer line will not need to pay for the upgrading of their lines once they're upgraded, why should the PSL property owners be billed separately for their fix? Isn't this unequal taxation and unequal application of a law or in this case City Ordinance?
We hope to hear your answers to these, and other issues/questions raised tonight.
Submitted by JE Sikora
[email protected]
Ordinance 2020-XXX
Adopted by the City of South Lake Tahoe
City Council
November 17, 2020
An Ordinance Amending Chapter 6.55 (Plan Area Statements and Other Land Use Regulations) to Add Section 6.55.295 to Establish Rules for Hosted Rentals
FINDINGS
A. Shared rentals, in which less than an entire dwelling is rented for a period of less than 30 consecutive calendar days, are currently permitted by obtaining a business license and are required to pay transient occupancy tax.
B. Since the passage of Measure T in November 2018, which would phase out vacation home rentals (VHRs) of an entire dwelling in residentially zoned areas outside of the Tourist Core in 2021, the number of active business licenses for shared rentals has increased from 15 to 92.
C. City Council has expressed concerns that requiring only a business license does not allow for effective enforcement to ensure that the entire home is not being rented out in violation of Measure T, and does not allow for reasonable regulations to mitigate other impacts to neighborhoods similar to those of VHRs such as noise, trash, and parking.
D. Because of the increase in demand for shared rentals and their potential impacts on neighborhoods, at the City Council meeting on June 9, 2020, the City Council directed staff to prepare a draft ordinance regulating shared rentals including the following provisions: require the owner to live onsite; require the owner to meet guests in person at check-in to go over the rules; require owner to respond to complaints within a short period of time; prohibit shared rentals in multi-family residences like apartments; limit the days of shared rental permitted per year or number of shared rental contracts; limit occupancy based on number of bedrooms; include noise regulations and quiet hours; include parking requirements; and require owner to submit names of all advertising platforms to City.
E. On September 10, 2020, the Planning Commission held a public hearing pursuant to Government Code section 65853 et seq. and passed Resolution No. 2020-27 finding the Ordinance categorically exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15301 (Existing Facilities) and recommending that City Council adopt the Ordinance, and passed two motions recommending changes that have been incorporated into the Ordinance: (1) that the response time for hosts be increased from 30 to 60 minutes to acknowledge the time it may take to return home given the distance and traffic in Ordinance 2020-XXX November 17, 2020 Page 1 of 7
town, that the occupancy limit for the maximum number of guests of two per room be modified to exclude children eleven or younger, and that long-term renters be allowed to host shared rentals with owner approval in single-family homes; and (2) that tenants with owner approval in multifamily dwellings be eligible to receive hosted rental permits.
F. On October 6, 2020, City Council considered the draft Ordinance and instead of holding a first reading, directed staff to make the following changes and bring the revised Ordinance back for a first reading at a future meeting: (1) increase the required tenancy for a tenant to qualify as a hosted rental applicant from six months to two years; (2) include a cap of 200 hosted rental permits in the City; (3) not allow hosted rentals to operate in multifamily dwellings; (4) modify Subsection (D)(9) to state that the City shall not provide notice of a forthcoming permit expiration date; (5) modify Subsection (F)(4) to not count children 5 and under towards the occupancy limits; (6) modify Subsection (F)(10) to not require that hosts go over the performance standards in person at check in; and (7) specify the penalty for operating an unpermitted hosted rental.
G. On October 20, 2020, City Council considered the revised draft Ordinance and instead of holding a first reading, directed staff to make the following change and bring the revised Ordinance back for a first reading at a future meeting: require the hosted rental permittee, whether the permittee is a tenant or the homeowner, to provide evidence that the hosted rental property is the permittee's primary residence.
H. On November 3, 2020, City Council considered the draft Ordinance and a motion was made to adopt first reading (by title only) of an Ordinance amending City Code Chapter 6.55 (Plan Area Statements and Other Land Use Regulations) to Add Section 6.55.295 to Establish Rules for Hosted Rentals, to Title 6 (Development Services), and referred the second reading and adoption to the November 17, 2020 meeting by a vote of 5 - 0 in favor.
1. The City of South Lake Tahoe has a shortage of affordable housing for residents and workers, as identified in the report entitled South Shore Region Housing Needs and Opportunities (Oct. 2019). That report concludes on page 1 that "Ithe most prominent trend that is at the base of the local resident housing problems in the South Shore Region is the loss of resident-occupied homes in the Region both in number and percentage," noting that resident-occupancy dropped from 61 percent in 2000 to 46 percent in 2017, and that the number of homes occupied by year-round residents has declined by 700 homes since 2010, with that decline being caused by a large decline in resident renters. Allowing qualifying long-term tenants as well as homeowners to get hosted rental permits, along with requiring that the hosted rental property is the permittee's primary residence, would create an opportunity for year-round residents to add income from hosted rentals to offset high housing costs and encourage more of the City's housing stock to be used for year-round residents.
J. Consistent with other California cities and counties that have adopted ordinances regulating this use, this Ordinance uses the term "hosted rental" instead of shared rental to better Ordinance 2020-XXX November 17, 2020 Page 2 of 7
describe the intent that this use is more akin to a home occupation where the homeowner or long-term tenant is present to manage the use while it is occurring.
Now, Therefore, the City Council of City of South Lake Tahoe does ordain as follows:
SECTION 1. Title 6, Chapter 6.55 of the South Lake Tahoe City Code is amended by adding a new Section 6.55.295 (Hosted Rentals) as follows:
6.55.295 Hosted rentals
A. Purpose.
The purpose of this section is to establish reasonable standards for the use of dwellings as hosted rentals to preserve neighborhood character and quality of life by avoiding adverse effects on the surrounding neighborhood by limiting the scope, size, intensity, and nonresidential traffic from hosted rentals.
B. Definitions.
For the purposes of this section, the following terms, phrases and words shall have the meanings hereinafter set forth:
"Accessory dwelling unit" means an attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons, is located on a lot with a proposed or existing primary residence, and includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the primary dwelling. "Director" means the director of the development services department. "Dwelling" means a building, or portion thereof, designed exclusively for residential purposes, including single-family and multifamily dwellings, condominiums, and timeshares but not including hotels, motels, boardinghouses and lodging houses.
"Guest" means visitor to a hosted rental property associated with the hosted rental, including any visitor not staying overnight.
"Homeowner" means the natural person or persons or personal or family trust consisting solely of natural persons that owns a dwelling and claims that dwelling as their principal place of residence.
Business entities are excluded from the definition of "homeowner." "Hosted rental" means an activity whereby the owner or tenant hosts a visitor or visitors in the homeowner's or tenant's home, for compensation, for a period of 30 or less consecutive calendar days, while the homeowner or tenant lives on-site in the home throughout the visitor's or visitors' stay.
Neither vacation home rentals as defined in section 3.50.370 of this code nor bed and breakfast facilities where bedrooms are rented for overnight lodging and at least one meal daily is provided are "hosted rentals" and these uses are regulated in other sections of this code. "Multifamily dwelling" has the same meaning as set forth in section 3.50.370 of this code.
Ordinance 2020-XXX November 17, 2020 Page 3 of 7
"Tenant" means the natural person or persons residing in a dwelling either: (a) under a lease with a term of two years or more; or (b) with proof of tenancy in a dwelling under multiple consecutive tenancies adding up to two years or more, and claims that dwelling as their principal place of residence.
C. Permit required.
1. It shall be unlawful for any person to operate, maintain, or advertise a hosted rental without a permit issued under this section. Hosted rental permits are issued for a specific permittee and dwelling and are not transferable between permittees or dwellings. Hosted rental permits are valid for one year after issuance and may be renewed.
2. No more than 200 hosted rental permits shall be active citywide at any time.
D. Application requirements.
A homeowner or tenant applying for an annual hosted rental permit shall submit an application to the director containing, at a minimum, the following:
1. Applicants) name(s), mailing address, telephone number, and email address.
2. Address and assessor's parcel number of dwelling proposed to be used as hosted rental.
3. If the applicant is a homeowner, copy of property tax exemption or written statement signed under penalty of perjury that hosted rental dwelling is the principal place of residence of homeowner.
4. If applicant is a tenant, signed permission from the property owner for the tenant to use the property as a hosted rental, copy of lease agreements) for a term of two years or more or establishing tenancy under multiple consecutive agreements adding up to two years or more, and written statement signed under penalty of perjury that dwelling is tenant's principal place of residence.
5. Total number of bedrooms in dwelling and number of bedrooms to be used for hosted rental.
6. Number of off-street paved parking spaces on property.
7. Names of all advertising platforms to be used to advertise hosted rental.
8. Agreement to comply with the performance standards in this section.
9. Application fee in an amount set forth by resolution of the city council.
10. Applications to renew a hosted rental permit shall be submitted prior to the expiration of the existing hosted rental permit. If a timely renewal application is filed, the hosted rental permit shall not expire until the director approves or denies the renewal application. If a timely Ordinance 2020-XXX November 17, 2020 Page 4 of 7
renewal application is not filed, the hosted rental permit shall expire one year from the date it was issued and shall be considered null and void. The city shall not provide notice to the permittee of a forthcoming hosted rental permit expiration date.
E. Permitted structures.
1. Homeowner or tenant must reside in the same dwelling as the hosted rental.
2. Hosted rentals are not permitted in multifamily dwellings, accessory dwelling units, or timeshares.
3. Camping and sleeping in tents, travel trailers, campers, or recreational vehicles is not permitted at the hosted rental property.
4. Bedrooms shall meet minimum size and other requirements as defined in the building code.
5. All applicable building and fire code requirements, as specified in the self-inspection certified checklist application requirement, shall be met.
F. Performance standards.
Hosted rentals shall comply with all of the following standards while a hosted rental is occurring:
1. The homeowner or tenant shall be available by telephone to respond to complaints regarding the hosted rental, and shall be available to respond in person to complaints within sixty minutes. The homeowner or tenant listed on the application shall stay overnight at the dwelling while it is being used as a hosted rental.
2. The homeowner or tenant may only enter into a hosted rental contract with one party at a time during the same occupancy period.
3. The hosted rental permit number shall be included on all advertisements and the entire home shall not be advertised as available for rent.
4. The maximum number of guests allowed in a hosted rental shall not exceed two people per hosted bedroom and shall not exceed six total guests. Children five and under are not counted toward maximum occupancy. Rental to unaccompanied minors under the age of 18 is prohibited.
5. Limit of vehicles associated with the hosted rental use is determined by the number of paved off-street parking spaces dedicated for use by hosted rental guests, not to exceed two vehicles.
6. Outdoor amplified sound is prohibited. Quiet hours shall be from 10:00pm to 8:00am. Use of outdoor spas and hot tubs is prohibited during quiet hours.
Ordinance 2020-XXX November 17, 2020 Page 5 of 7
7. Events such as weddings and receptions are prohibited.
8. All required transient occupancy tax payments shall be made on time.
9. Homeowner or tenant shall maintain records of every night for which hosted rental is rented, including the name and contact information of the guest signing each rental contract and the number of occupants under each rental contract for a period of three years, and shall provide such records to the city within 15 business days of receiving a written request.
10. Homeowner or tenant shall go over these performance standards with guests prior to or during their stay.
11. These performance standards shall be included in the hosted rental agreement including online terms of rental and shall be posted inside the hosted rental in a location readily visible to all guests.
G. Enforcement and revocation of permit.
1. Homeowners, tenants, and guests in violation of this section, including homeowners and tenants operating a hosted rental without a hosted rental permit, are subject to administrative citation under chapter 2.30 of this code.
2. A hosted rental permit may be revoked by the director if he or she concludes any of the following:
a. Homeowner or tenant has submitted false or misleading information in the application. b. There has been a violation of any of the requirements or performance standards in this section.
c. The hosted rental has not made transient occupancy tax payments to the city in full by the date they are due.
3. A homeowner or tenant whose hosted rental permit has been revoked may not apply for a new hosted rental permit for one year from the effective date of the revocation.
4. A homeowner or tenant operating a hosted rental without a permit may not apply for a hosted rental permit for one year from the effective date of the administrative citation.
H. Appeal.
A homeowner or tenant may appeal the director's decision to deny, not renew, or revoke a hosted rental permit to the Planning Commission under the administrative appeal procedures in chapter 2.35 of this code.
Ordinance 2020-XXX November 17, 2020 Page 6 of 7
SECTION 2. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.
SECTION 3. The City Clerk is directed to certify this Ordinance and cause it to be published in the manner required by law.
SECTION 4. This Ordinance shall become effective thirty days after the date of its adoption.
SECTION 5. Upon the effective date of this Ordinance, shared rentals authorized under a business license are no longer permitted to operate, and qualifying homeowners and tenants would need to apply for a hosted rental permit under this Ordinance to resume operations.
SECTION 6. The City will start accepting applications for hosted rental permits once the state lifts the COVID-19-related restrictions on hosted rentals.
Yes:
No:
Abstain:
Absent:
Date:
Jason Collin, Mayor
Attest:
Susan Blankenship, City Clerk
First Reading:
Published:
Effective:
Ordinance 2020-XXX November 17, 2020 Page 7 of 7
8.i 11/14/2023
COMMUNITY FACILITIES DISTRICT
2023-1
COTTONWOOD PARK PHASES 4 & 6
MAINTENANCE AND SERVICES
City Council Presentation - November 14, 2023
Item 11.1
COMMUNITY FACILITIES DISTRICT 2023-1 PLACE
COTTONWOOD PARK PHASE 4 & 6
MAINTENANCE AND SERVICES
• Cottonwood Park Planned Development Phases 4 & 6 Final Map Recorded November 9th
• On September 26, 2023, City Council Adopted a Resolution of Intention to Establish a Community Facilities District (CFD) for Cottonwood Park Phases 4 & 6
• CFD Boundary has been recorded with the County.
• Property Owner Ballot has been received by the City Clerk.
COMMUNITY FACILITIES DISTRICT 2023-1
COTTONWOOD PARK PHASE 4 & 6
MAINTENANCE AND SERVICES OLD BAYGTONTEN
Recommend City Council Action:
• Conduct the Public Hearing.
• Adopt a Resolution Establishing the Formation of Community Facilities District No. 2023-1 for Cottonwood Park Phase 4 & 6 Maintenance and Services.
• Adopt a Resolution Calling for a Special Election for a Community Facilities District.
• City Clerk to announce result of said election with the received ballot. • Adopt a resolution Declaring Results of Said Special Election and Directing the Recording of a Special Tax Lien.
• Waive the first reading and introduce by title only an Ordinance of the City Council Authorizing the Level of Special Taxes in the Community Facilities District.
SETTLEMENT AGREEMENT AND MUTUAL RELEASE OF CLAIMS
This Settlement Agreement and Mutual Release of Claims ("Agreement") is entered into between California River Watch ("CRW") and the City of Placerville ("City") (collectively, the "Parties") with respect to the following facts and objectives:
RECITALS
WHEREAS, CRW is an IRC 501(c)(3) non-profit, public benefit corporation organized under the laws of the State of California, with headquarters located in Sebastopol, California and offices in Los Angeles, California. The mailing address of River Watch's office is 290 S. Main Street, #817, Sebastopol, CA 95472.
River Watch is dedicated to protecting, enhancing, and helping to restore surface and ground waters of California, including rivers, creeks, streams, wetlands, vernal pools, aquifers and associated environs, biota, flora and fauna, and educating the public concerning environmental issues associated with these environs;
WHEREAS, the City, organized under the laws of the State of California, owns and operates a collection system for the purpose of collecting and conveying for treatment wastewater trom residential, commercial, and industrial sources, and owns and operates a wastewater treatment plant (collectively, the "POTW Facilities"); WHEREAS, on or about March 25, 2016, CRW provided the City with a Notice of Violation and Intent to File Suit under the Federal Water Pollution Control Act (Clean Water Act" or "CWA"), 33 U.S.C. §1365, ("CWA Notice Letter"); WHEREAS, the City denies any and all of CRW's allegations and claims in the CWA Notice Letter;
WHEREAS, CRW and the City, through their authorized representatives and without either adjudication of CRW's claims or admission by the City of any alleged violation or other wrongdoing, have chosen to resolve in full CRW's allegations in the CWA Notice Letter through settlement and avoid the cost and uncertainties of further litigation; and WHEREAS, CRW and the City have agreed that it is in their mutual interest to enter into this Agreement setting forth the terms and conditions appropriate for resolving CRW's allegations set forth in the CWA Notice Letter.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, CRW and the City hereby agree as follows:
SETTLEMENT AGREEMENT: CRW v. City of Placerville
1453057.3
AGREEMENT
1. Definitions
A. Effective Date: The term "Effective Date," as used in this Agreement, shall mean the date upon which this Agreement is signed by all Parties.
B. Collection System: The term "Collection System" as used in this Agreement shall mean the City owned and operated system of gravity sewer lines (not force mains) designed to collect municipal, commercial, and/or industrial wastewater and convey it to the City's wastewater treatment facility for treatment.
C. Condition Assessment: The term "Condition Assessment" shall mean a report that comprises inspection, rating, and evaluation of the existing condition of a gravity sewer collection system. Inspection is based upon closed circuit television ("CCTV") inspections for gravity mains, manhole inspections for structural defects, and inspections of pipe connections at the manhole. After CCTV inspection occurs, pipe conditions are assigned a grade based on the Pipeline Assessment and Certification Program ("PACP**) rating system, developed by the National Association of Sewer Service Companies. The PACP is a nationally recognized sewer pipeline condition rating system for CCTV inspections.
D. Full Condition Assessment: A Condition Assessment of all gravity sewer lines (not force mains) in the City's Collection System.
E. Surface Water Condition Assessment: A subset of the Full Condition Assessment, focused on the condition of gravity sewer lines (not force mains) within two hundred (200) feet of surface waters, defined as a river, creek, or stream.
F. Significantly Defective: The PACP assigns grades based on the significance of the defect, extent of damage, percentage of flow capacity restriction, and/or the amount of pipe wall loss due to deterioration. Grades are assigned as follows:
5 - Most significant defect
4 - Significant defect
3-Moderate defect
2 - Minor to moderate defect
1 - Minor defect
2. Collection System Investigation & Repair
A. Full Condition Assessment
Within eight (8) years of the Effective Date of this Agreement, the City shall five (5) years, or constructed within the last ten (10) years.
SETTLEMENT AGREEMENT: CRW v. City of Placerville
1453057.1
B. Surface Water Condition Assessment
In performing the Full Condition Assessment, the City shall prioritize performance of the Surface Water Condition Assessment, where feasible.
C. Repair and Replacement
The City shall allocate, at minimum, an annual average of two hundred fifty thousand dollars ($250,000) to repair, replace, or take other appropriate action for gravity sewer lines receiving a PACP structural rating grade 5 by the City's Ful Condition Assessment. The phrase "take other appropriate action" in thi ircumstance means to divert sewage flow from a PACP-5 rated sewer line o abandon the PACP-5 sewer line, in lieu of repair or replacement For gravity sewer lines receiving a PACP structural rating grade 4 by the City's Full Condition Assessment, the City will consider the seriousness of the defect and the proximity of a gravity sewer line to surface waters and public drinking water wells currently in use when determining whether to repair, replace, or take other appropriate action on the line, provided resources from the funding allocation noted above are available. The phrase "take other appropriate action" in this circumstance means to divert sewage flow from a PACP-4 rated sewer line or abandon the PACP-4 sewer line, in lieu of repair or replacement.
The City shall continue to perform preventative maintenance as described in the City's Sewer System Management Plan Update ("SSMP"), Section 4, "Preventive Maintenance Programs," or as amended.
3. Collection System Overflow Response and Reporting
A. Volume and Flow Estimations: The City shall ensure the City's SSMP and Overflow Emergency Response Plan ("OERP"') indicate that the City shall include in reports to the CIWQS State Reporting System the method of calculating estimated total spill volume, spill volume that reached surface waters, and spill volume recovered.
B. Witness Reports: The City shall, consistent with the City's SSMP and OERP, document any corroborated witness statements for use during sanitary sewer overflow ('SSO) identification and volume calculation processes.
C. Photographs: The City shall continue its practice of taking photographs of an SSO event. The City shall augment the SSMP and OERP, if necessary, to state that where afe and possible, photographs should be taken that may aid in establishing anc justifying spill volume.
D. Sewer System Overflow Cleanup Protocols: The City shall continue to implement, or amend the City's OERP to require, the following SSO cleanup protocols:
(1) Where practical, spilled sewage will be vacuumed or pumped and discharged back into the sanitary sewer system.
SETTLEMENT AGREEMENT: CRW v. City of Placerville
14530571
(2) Implement cleanup and disinfection procedures to reduce the potential for human health issues and adverse environmental impacts that are associated with an SSO event.
(3) Where cleanup is beyond the capabilities of City staff, City staff will employ a private cleanup contractor or coordinate with another capable public agency. (4) For SSOs caused by the City's gravity sewer lines (e.g., not by privately owned laterals) that damage private property, the City, with the property owners/occupants' permission, will ameliorate the spill and contact the City's insurance adjuster to assess any damages.
(5) For SSOs discharged to hard surface areas, the City shall:
i. Collect all signs of sewage solids and sewage-related material by hand, with the use of rakes and brooms, or other appropriate tools and implements; i. Where appropriate, wash down the affected area with water and take reasonable steps to contain and/or, if practical, vacuum up the wash water; ili. Disinfect all areas contaminated from the overflow using disinfectant solution; and
iv. Repeat the process if additional cleaning is required. (6) For SOs discharged to landscaped and unimproved natural vegetation, the City shall:
i. Collect all signs of sewage solids and sewage-related material by hand, with the use of rakes and brooms, or other appropriate tools and implements; ii. Where appropriate, wash down the affected area with water, and take reasonable steps to contain and/or, if practical, vacuum the wash water; and iii. Repeat the process if additional cleaning is required. (7) For SSOs discharged to surface waters and/or drainages to surface waters, the City shall:
i. For Class 1 SSOs of one thousand (1,000) gallons or greater that enter or will probably enter surface waters, the City shall as soon as possible, but not later than two (2) hours after (A) becoming aware of the SSO, (B) notification is possible, and (C) notification can be provided without ibstantially impeding cleanup and other emergency measures. noti alifornia Office of Emergency Services (Cal OES
ii. Cleanup should proceed as soon as possible in order to minimize negative impacts.
SETTLEMENT AGREEMENT: CRW v. City of Placerville
1453057.1
(8) When City staff determines it is necessary to protect public health, City staff shall post public notification signs and place barricades to keep vehicles and pedestrians away from contact with spilled sewage. The signs will not be removed until directed by the appropriate public works staff. Signs will be posted at creeks and streams that have been contaminated as a result of an SSO and in visible access locations until the risk of exposure has subsided to acceptable background levels. Warning signs should be checked every day. (9) If an SSO occurs at night, the location should be inspected as soon as possible the following day. City staff will look for any signs of sewage solids and sewage-related material that may warrant additional cleanup. (10) For one year (I) from the Effective Date of this Agreement, City staff shall perform the water quality sampling and testing procedures described below whenever five thousand (5,000) gallons or more of spilled sewage enters surface waters:
i. City staff shall collect water quality samples, where feasible and safe, from upstream of the spill, from the spill area, and downstream of the spill in flowing water.
Feasibility for obtaining a sample will depend on whether sufficient flow exists to collect a representative, uncontaminated sample, and whether dangerous conditions exist that would preclude City staff from safely obtaining a sample (i.e., City staff will not be placed at risk for injury in severe weather or other dangerous condition). City staff may discontinue sampling where insufficient impacted flow exists to collect samples.
Any requirements under this provision which conflict with sampling or testing requirements by a regulatory agency (e.g., the sampling location, frequency, parameters analyzed, ctc.), either currently in effect or adopted in the future, shall cease to be in effect under this Agreement between the Parties. The absence of sampling or testing requirements by a regulatory agency shall not be considered a conflict with regulatory agency ii. The City shall, whenever possible, use the City of Placerville WRF Laboratory to analyze the samples to determine the nature and extent of the discharge. The basic analyses should include fecal coliform. Escherichi
SETTLEMENT AGREEMENT: CRW v. City of Placerville
1453057.1
E. Investigation and Repair: The City shall continue its practice of investigating the cause of an SSO entering surface waters and will employ the following measures to prevent future overflows: (a) if the SSO is caused by a structural defect, then the City will take timely action to repair or replace the defect, or take other action necessary to protect water quality (e.g., divert the flow until the repair/replacement can occur); and (b) if the defect is non-structural, such as a grease blockage or vandalism to a manhole cover, the City will implement appropriate measures (e.g., additional maintenance, cleaning, or code enforcement), where needed and feasible, to address the cause.
4. CIWOS Link
The City shall create a link from the City's website to the State Water Resources Control Board's CIWQS SSO Public Reports' website, and shall publicize this new link to customers and members of the public.
5. Supplemental Environmental Project (Private Main/Lateral Inspection and Repair) The City shall implement the following Supplemental Environmental Project ("SEP"), which the Parties agree is intended to secure significant benefits to the local environment.
Private Main/Lateral Inspection and Repair Program: Within one (1) year from the Effective Date of this Agreement, the City staff shall recommend to the City Council an ordinance establishing a program for the inspection, repair, and/or replacement of private sewer mains or laterals. The program will use the following events as a basis or "trigger" for inspection, repair and/or replacement:
(1) Transfer of ownership of the property if no inspection or replacement of the private sewer main or lateral occurred within fifteen (15) years prior to the transfer;
(2) The occurrence of two (2) or more sanitary sewer overflows caused by the same private sewer main and/or lateral within the past two (2) years; (3) A change of use of the structure served that results in higher flow than the current use; or
(4) The addition of a bathroom or major kitchen remodel that results in higher flow.
SETTLEMENT AGREEMENT: CRW v. City of Placerville
105.3053.1
6. CRW Attorney's Costs and Fees
Within thirty (3D) calendar days after the Effective Date of this Agreement, the City shall pay CRW the sum of thirty-one thousand dollars (S31,000) as reimbursement for CRW's investigative, expert, and attorneys' fees and costs and for the fees and costs required to monitor compliance with this Agreement. Payment shall be made by the City to CRW in the form of a single check payable to "California River Watch," and shall constitute full satisfaction and payment for all costs of litigation and attorneys fees incurred by CRW that have or could have been claimed in connection with CR W's allegations in its CWA Notice Letter up to and including the Effective Date of this Agreement, and for CRW's expert and attorneys' fees and costs spent monitoring and enforcing the City's compliance with ongoing obligations under this Agreement up to and including the Termination Date.
Payment shall be mailed to the Law Office of Jack Silver, 708 Gravenstein Highway North, Suite 407, Sebastopol, CA 95472.
7. Termination Date
This Agreement shall terminate eight (8) years from the Effective Date.
8. No Admission or Finding
Neither this Agreement nor any payment pursuant to this Agreement shall constitute evidence or be construed as a finding, adjudication, or acknowledgment of any fact, law or liability, nor shall it be construed as an admission of violation of any law, rule or regulation. However, this Agreement and/or any payment pursuant to this Agreement may constitute evidence in actions seeking compliance with this Agreement.
9. Mutual Release of Liability and Covenant Not to Sue
B. The Parties acknowledge that they are familiar with section 1542 of the California Civil Code, which provides:
SETTLEMENT AGREEMENT: CRW v. City of Placerville
1N53057.1
A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.
The Parties hereby waive and relinguish any rights or benefits they may have under California Civil Code section 1542 with respect to any other claims against each other arising from, or related to, the allegations and claims as set forth in the WA Notice Letter with regard to the City's POTW Facilities.
of its governing board, will serve any 60-day Notice Letter or file any lawsuit against the City seeking relief for alleged violations of the Clean Water Act, RCRA, or any other state or federal statutes and/or regulations, including the California Porter- Cologne Water Quality Control Act, for the City's POTW Facilities, nor will CRW support such lawsuits against the City brought by other groups or individuals by providing financial assistance, personnel time, or any other affirmative actions.
10. Dispute Resolution Procedure
Any disputes with respect to any of the provisions of this Agreement shall be resolved through the following procedure.
A. The Parties covenant and agree that, if either party believes the other is in violation of one or more terms of this Agreement, the party shall provide notice to the other in writing of what actions or inactions they deem to be in violation of this Agreement.
Within thirty (30) days of receipt of such notice, the party receiving the notice shall respond to the notice in writing. If the Parties still dispute compliance with this Agreement, within an additional thirty (30) days, the Parties will meet and confer in a good faith attempt to resolve their dispute. If the Parties cannot informally resolve the dispute, they shall first attempt to resolve such dispute through mediation, using a mutually agreed upon mediator. Should mediation be unsuccessful, then the Parties will enter into binding arbitration, conducted by an arbitrator agreed upon by both Parties. Either party may request that the presiding judge of the El Dorado County Superior Court select an arbitrator if the Parties cannot reach an Agreement. The arbitration shall be binding and not subject to ordinary judicial appeal; however, it shall be subject to the procedural provisions provided for under California Code of Civil Procedure sections 1280, et seq. The arbitration shall be conducted in accordance with the arbitration rules and procedures of JAMS (Judicial Arbitration and Mediation Service) to the extent other conventional rules are not promptly agreed to by the Parties. The relief the arbitrator is empowered to award is limited to injunctive relief to take action specified in this Agreement. The Parties shall each bear their own costs and attorneys' fees in connection with the Dispute Resolution Procedure, as herein described.
SETTLEMENT AGREEMENT: CRW v. City of Placerville
1455057.1
B. If CRW asserts that the City is in violation of this Agreement, and the City corrects the action or inaction within sixty (60) days of written notice from CRW describing the asserted violations, no further enforcement action under the terms of this Agreement shall be taken by either party.
11. Force Majeure
Separate from, and in addition to, any other limitations on, or amendments to, the City's obligations under this Agreement, the City's obligations to comply with any provisions of this Agreement shall be excused or deferred if compliance, or a delay in compliance, is caused by an event or circumstance beyond the reasonable control of the City or any entity controlled by the City, including its contractors, and which event or circumstance could not have been reasonably foreseen and prevented by the exercise of due diligence by the City. Where implementation of the actions set forth in this Agreement, within the deadlines prescribed, becomes unachievable, despite the timely good faith efforts of the City, the City shall notify CRW in writing within sixty (60) days of the date that the City knew of the event or circumstance precluding compliance, and shall describe the reason for the non-performance. The Parties agree to meet and confer in good faith concerning the non-performance and, where the Parties concur that the non-performance was or is impossible, despite the timely good aith efforts of one of the Parties, comphance shall be excused or new pertormanc eadimes shall be established by agreement of the Parties. In the event that th Parties cannot timely agree, either party shall have the right to invoke the Dispute Resolution Procedure described in Section 10 of this Agreement.
12. General Provisions
A. Construction: The language in all parts of this Agreement shall be construed according to its plain and ordinary meaning, except as to those terms defined by law, in the Clean Water Act, or specifically herein.
B. Choice of Law: This Agreement shall be governed by the laws of the United States, and where applicable, the laws of the State of California.
C. Severability: In the event that any provision, section, or sentence of this Agreement is held by a court to be unenforceable, the validity of the enforceable provisions shall not be adversely affected.
D. Correspondence: All notices required herein or any other correspondence pertaining to this Agreement shall be sent by regular, certified, overnight, or electronic mail as follows:
If to CRW:
California River Watch
290 S. Main Street, Suite 817
Sebastopol, CA 95472
Telephone: (707) 528-8175
SETTLEMENT AGREEMENT: CRW v. City of Placerville
1453057.1
Facsimile: (707) 528-8675
And to:
Jack Silver
Law Offices of Jack Silver
P.O. Box 5469
Santa Rosa, California 95402-5469
Telephone: (707) 528-8175
Email: [email protected]
David J. Weinsoff
Law Office of David J. Weinsoff
138 Ridgeway Avenue
Fairfax, CA 94930
Telephone: (415) 460-9760
Email: [email protected]
If to the City:
M. Cleve Morris
City Manager
City of Placerville
3101 Center Street
Placerville, CA 95667
Telephone: (530) 642-5200
Email: cmorris @cityofplacerville.org
John Driscoll
City Attorney
City of Placerville
3101 Center Street
Placerville, CA 95667
Telephone: (530) 642-5200
Email: [email protected]
And to:
Nicole E. Granguist
Downey Brand LLP
621 Capitol Mall, 18th Floor
Sacramento, CA 95814
Telephone: (916) 444-1000
Email: [email protected]
SETTLEMENT AGREEMENT: CRW v. City of Placerville
1453057.1
Notifications of communications shall be deemed submitted on the date that they are sent by electronic mail, postmarked and sent by first-class mail, or deposited with an overnight mail/delivery service. Any change of address or addresses shall be communicated in the manner described above for giving notices.
E. Lounterparts: This Agreement may be executed in any number of counterparts, all of which together shall constitute one original document. Telecopy, electronic, and/or facsimile copies of original signature shall be deemed to be originally executed counterparts of this Agreement.
F. Assignment: Subject only to the express restrictions contained in this Agreement, all of the rights, duties and obligations contained in this Agreement shall inure to the benefit of and be binding upon the Parties, and their successors and assigns.
G. Modification of the Agreement: This Agreement, and any provisions herein, may not be changed, waived, discharged or terminated unless by a written instrument, signed by the Parties.
H. Full Settlement: This Agreement constitutes a full and final settlement of this matter.
It is expressly understood and agreed that this Agreement has been freely and voluntarily entered into by the Parties with and upon advice of counsel.
Integration Clause: This is an integrated Agreement. This Agreement is intended to be a full and complete statement of the terms of the agreement between the Parties and expressly supersedes any and all prior oral or written agreements, covenants, representations, and warranties (express or implied) concerning the subject matter of this Agreement.
J. Negotiated Agreement: The Parties have negotiated this Agreement, and agree that it shall not be construed against the party preparing it, but shall be construed as if the Parties jointly prepared this Agreement and any uncertainty and ambiguity shall not be interpreted against any one party.
K. Authority: The undersigned representatives for CRW and the City each certify that he or she is fully authorized by the party whom he represents to enter into the terms and conditions of this Agreement.
SETTLEMENT AGREEMENT: CRW v. City of Placerville
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The Parties hereby enter into this Agreement.
Date: Aug. 10.. 2016 CALIFORNIA RIVER WATCH
By:- cir
Name: Lattu Hanso
Title: Manage)
Date: _ , 2016 CITY OF PLACERVILLE
By:
Name:
Tille:
APPROVED AS TO FORM:
For CRW:
Date: Auf. 11 -. 2016 LAW OFFICE OF JACK SILVER
By:_
Jack Silver
Attorney for CR
For the City:
Date: _. 2016 DOWNEY BRAND LLP
By:
Nicole E. Granguist
Attorney for City of Placerville
•
SETTLEMENT AGREEMENT: CRW v. City of Placerville
1453057.3
The Parties hereby enter into this Agreement.
Date:_ _ 2016 CALIFORNIA RIVER WATCH
By:_
Name:
Title:
Date: Lug. 10 _ 2016 CITY OF PLACERVILLE
ex M. Plue Mois
Name: M. Cleve Morns
Title:City Manager
APPROVED AS TO FORM:
For CRW:
Date: → 2016 LAW OFFICE OF JACK SILVER
By:
Jack Silver
Attorney for CRW
For the City:
Date: lug. 10 _ 2016 DOWNEY BRAND LLP
Nicole E. Granquist
Attorney for City of Placerville
SETTLEMENT AGREEMENT: CRW v. City of Placerville
14530571