The URL can be used to link to this page

Home My WebLink AboutCD Regional Conservation Programs MOUMA -6122 Memorandum of Understanding (MOU) Between Marin Municipal Water District and Local Land Use, Development, Planning and Permitting Jurisdictions Regarding Collaboration and Enforcement of Regional Conservation Programs WHEREAS, water conservation is an important regional initiative to ensure adequate water supply for current and future generations in Marin County; WHEREAS, the State of California ("State") continues to issue water conservation requirements, including that new development and retrofitted landscapes comply with water efficiency standards governed by the Model Water Efficient Landscape Ordinance ("MWELO"); WHEREAS, Marin Municipal Water District ("District") has codes and ordinances whose effectiveness benefits from coordination with local land use, planning, development and permitting jurisdictions; WHEREAS, water use efficiency is an important component of the District's water supply strategy and therefor the District has an interest in assuring full compliance with MWELO; WHEREAS, local land use planning, development and permitting jurisdictions within the District service area include City of Belvedere, Town of Corte Madera, Town of Fairfax, City of Larkspur, City of Mill Valley, Town of Ross, Town of San Anselmo, City of San Rafael, City of Sausalito, Town of Tiburon and the County of Marin ("Jurisdictions"); WHEREAS, These Jurisdictions all receive and process applications for land use permits that are potentially subject to MWELO ("Applications"); WHEREAS, the State requires all Jurisdictions to adopt, implement, and enforce the MWELO or a more stringent ordinance; WHEREAS, District has the expertise to assist Jurisdictions in complying with water conservation regulations and requirements as Jurisdictions process Applications, including inspections to ensure the implementation of MWELO; WHEREAS, State water conservation laws require Jurisdictions to annually report to the State regarding implementation and enforcement of the MWELO or a more stringent ordinance; and WHEREAS, Jurisdictions and District agree this MOU shall govern the regional collaboration for complying with State and local water conservation requirements. NOW THEREFORE, in order to ensure coordination and compliance with water conservation legislation and District codes, Jurisdictions and District mutually agree to the following: I. ROLES AND RESPONSIBILITIES A. District will: i. Conduct Backflow Protection, Graywater Compliance and Landscape Plan Review within 10-15 business days of submittal by the person or persons seeking the Applications ("Applicant"). a) District will provide an approval (or exemption) letter to the Applicant for Backflow Protection, Graywater Compliance and Landscape Plan Review. Sample letters of approval and exemption are attached hereto as Exhibit B, and incorporated herein by this reference. b) District will conduct all inspections described in Section I (A)(i) above to gather information required for MWELO reporting. c) District will inform Jurisdictions of all current District Codes applicable to MWELO reporting and compliance and will notify Jurisdictions of any future District Code revisions or Permitting Jurisdictions MOU FINAL amendments, which would impact MWELO reporting and/or water conservation legislative compliance. d) All Jurisdictions shall bear sole responsibility for reporting 2020 information by January 31, 2021 as required by Title 23, Section 495 of the California Code of Regulations. Thereafter, District will annually file, on behalf of the Jurisdictions, MWELO reporting as required pursuant to Title 23, Section 495 of the California Code of Regulations utilizing the Department of Water Resources reporting database, based on the information collected through inspections referred to the District, or as otherwise provided by the jurisdictions. However, the District shall have no obligation to report 2025 MWELO data to the State for the January 31, 2026 compliance date, unless the Jurisdiction and the District extend the term of this MOU in writing pursuant to Section V of this MOU obligating the District to complete this report. Notwithstanding the above, the District will not be responsible for gaps in reporting due to lack of information provided by the jurisdictions. B. Jurisdictions will: i. Inform Applicant of District requirements at project initiation in Jurisdictions' Planning and Building Departments and refer Applicant's project to District for review. Current District requirements are attached hereto as Exhibit A and incorporated herein by this reference. ii. Incorporate District requirements into the Planning Application Checklist and/or Building Application Checklist. iii. Maintain compliance with all applicable MWELO requirements, including referring all applicable projects to the District and providing District all requested information needed for proper MWELO reporting, but excluding the submission of the required annual MWELO reporting described in Section 1(A)(i)(d) above which is being performed by the District. iv. Prior to final inspection of a project, the Jurisdiction shall require evidence from the Applicant that the project has received approval (or is exempt from review) for Landscape Plan Review, Backflow Protection and Graywater Compliance from the District. Sample letters of approval and exemption are attached hereto as Exhibit B and incorporated herein by this reference. COSTS Each party to this MOU shall be solely responsible for the costs to complete its share of the work described in Section I, above, entitled "Roles and Responsibilities." III. HOLD HARMLESS AND LIABILITY The Jurisdictions and the District each agree to hold harmless, indemnify, and defend the other from and against any and all liability claims, costs, penalties, causes of action, demands, and losses of any nature whatsoever, including reasonable attorneys' fees, arising from the performance of this MOU, including but not limited to personal injury and injury to property, or any violation of any law or ordinance, or other harm caused by any negligent act, error or omission, or willful acts or omissions of the indemnifying party or its officers, employees, subcontractors, or agents acting pursuant to this MOU. This indemnification shall survive termination or expiration of this MOU. IV. DISPUTE RESOLUTION Any dispute or claim in law or equity between the District and the Jurisdictions arising out of this agreement, if not resolved by informal negotiation between the parties, shall be mediated by referring it to the nearest office of Judicial Arbitration and Mediation Services, Inc. (JAMS) for mediation. Each party shall provide the others with a list of four mediators. The parties shall confer on the list and select a mutually agreeable mediator. Mediation shall consist of an informal, non-binding conference or conferences between the parties and the judge -mediator jointly, then in separate caucuses wherein the judge will seek 2 Permitting Jurisdictions MOU FINAL to guide the parties to a resolution of the case. If the parties cannot agree to a mutually acceptable member from the JAMS panel of retired judges, a list and resumes of available mediators with substantial experience in mediating claims of the type at issue between the parties, numbering one more than there are parties, will be sent to the parties, each of whom will strike one name leaving the remaining name as the mediator. If more than one name remains, JAMS arbitrations administrator will choose a mediator from the remaining names. The mediation process shall continue until the case is resolved or until such time as the mediator makes a finding that there is no possibility of resolution. V. TERM & TERMINATION This MOU shall terminate on December 31, 2025, unless extended by written agreement of the parties before that date. Any party may terminate participation in this MOU at any time by providing 30 -days prior written notice. Upon termination, any obligations hereunder shall terminate, except as otherwise expressly herein provided. VI. NOTIFICATION The following personal shall be the primary contact for the identified party to this MOU: Marin Water Town of Ross Town of Corte Madera Carrie Pollard Patrick Streeter Martha Battaglia capollard@marinwater.org pstreeter@townofross.org mbattaglia@tcmmail.org 415-945-1522 (415) 453-1453 415-927-5791 Town of Fairfax Ben Berto bberto@townoffairfax.org 415-458-2346 City of Belvedere Rebecca Markwick rmarkwick@cityofbelvedere.org 415-435-8931 City of Sausalito Kevin McGowan kmcgowan@sausalito.gov 415-289-4176 City of Larkspur Neal Toft ntoft@cityoflarkspur.org (415)927-6713 Town of San Anselmo Erica Freeman efreeman@townofsananselmo.org (415)258-4604 Town of Tiburon Dina Tasini dtasini@townoftiburon.org 415-435-7393 City of Mill Valley Steven Ross sross@cityofmillvalley.org 415-388-4033 City of San Rafael Alicia Giudice alicia.giudice@cityofsanrafael.org (415)485-3092 County of Marin Jeremy Tejirian jtejirian@marincounty.org 415-473-3798 VILCOUNTERPART SIGNATURES This MOU may be executed in counterparts, and each executed counterpart shall have the same force and effect as an original instrument and as if all of the Jurisdictions to the aggregate counterparts had signed the same instrument. VIII. ASSIGNMENT Neither the District nor the Jurisdictions may assign any portion of this MOU without the prior written authorization of the District General Manager. IX. VENUE Permitting Jurisdictions MOU FINAL 3 This MOU and ail matters relating to it shall be governed by the laws of the State of California. Any legal action brought related to this MOU shall be brought exclusively in the County of Marin. X. SECTION HEADINGS The section headings contained in this MOU are for convenience and identification only and shall not be deemed to limit or define the contents of the section to which they relate. XI. NO PRESUMPTION REGARDING DRAFTER The Parties acknowledge and agree that the terms and provisions of this MOU have been negotiated and discussed between the parties and their attorneys, and this MOU reflects their mutual agreement regarding the same. Because of the nature of such negotiations and discussions, it would be inappropriate to deem any party to be the drafter of this MOU, and therefore no presumption for or against validity or as to any interpretation hereof, based upon the identity of the drafter shall be applicable in interpreting or enforcing this MOU. XII. MODIFICATION This MOU shall not be modified except by prior written agreement of the Parties. XIII. EFFECTIVE DATE The effective date of this MOU shall be the date that each Jurisdiction and the District has signed this MOU. XIV. SEVERABILITY If any term, condition or covenant of this MOU, or the application thereof to any person or circumstance shall be held invalid or unenforceable, the remainder of this MOU, or the application of such term, condition or covenant to persons or circumstances other than those as to whom which it is held invalid or unenforceable, shall not be affected thereby, and every provision of this MOU shall be valid and enforceable to the fullest extent permitted by law. XV.AUTHORITY Each individual signing this MOU represents and warrants that they are duly authorized and has legal capacity to execute and deliver this MOU, and that the MOU is a valid and legal agreement binding on each party and enforceable in accordance with its terms. MARIN MU I IPAL WATE DISTRICT f Dated: I `"`'f By --v Bennett Horenstein, General Manager CITY OF BELVEDERE Dated:.. By Irene Borba, Director of Planning and Building 4-a Permitting Jurisdictions MOU FINAL This MOU and all matters relating to it shall be governed by the laws of the State of California. Any legal action brought related to this MOU shall be brought exclusively in the County of Marin. X. SECTION HEADINGS The section headings contained in this MOU are for convenience and identification only and shall not be deemed to limit or define the contents of the section to which they relate. XI. NO PRESUMPTION REGARDING DRAFTER The Parties acknowledge and agree that the terms and provisions of this MOU have been negotiated and discussed between the parties and their attorneys, and this MOU reflects their mutual agreement regarding the same. Because of the nature of such negotiations and discussions, it would be inappropriate to deem any party to be the drafter of this MOU, and therefore no presumption for or against validity or as to any interpretation hereof, based upon the identity of the drafter shall be applicable in interpreting or enforcing this MOU. XII. MODIFICATION This MOU shall not be modified except by prior written agreement of the Parties. XIII. EFFECTIVE DATE The effective date of this MOU shall be the date that each Jurisdiction and the District has signed this MOU. XIV. SEVERABILITY If any term, condition or covenant of this MOU, or the application thereof to any person or circumstance shall be held invalid or unenforceable, the remainder of this MOU, or the application of such term, condition or covenant to persons or circumstances other than those as to whom which it is held invalid or unenforceable, shall not be affected thereby, and every provision of this MOU shall be valid and enforceable to the fullest extent permitted by law. XV.AUTHORITY Each individual signing this MOU represents and warrants that they are duly authorized and has legal capacity to execute and deliver this MOU, and that the MOU is a valid and legal agreement binding on each party and enforceable in accordance with its terms. MARIN NICIPAL WAT R DISTRICT i Dated: � � r�j By `—� �- Bennett Horenstein, General Manager Dated: 4/1/2021 CITY OF BELVEDERE By Wter 16B411, Irene Borba, Director of Planning and Building 4-b Permitting Jurisdictions MOU FINAL TOWN OF CORTE MADERA Dated: 3/22/2021 By _ ' —CO41 Todd Cusimano, Town Manager TOWN OF FAIRFAX Dated: By Garr tt T y, Town Ma, er Dated: Dated: Dated: Dated: CITY OF LARKSPUR By Dan Schwarz, City Manager CITY OF MILL VALLEY By Alan Piombo, City Manager TOWN OF ROSS By Patrick Streeter, Planning & Building Director TOWN OF SAN ANSELMO By David Donery, Town Manager 5-a Permitting Jurisdictions MOU FINAL TOWN OF CORTE MADERA Dated: _ $122/2021 By --5044/ Todd Cusimano, Town Manager Dated: Dated: 8/19/21 Dated: TOWN OF FAIRFAX By Garrett Toy, Town Manager CITYOF LARKSPUR By -. Dan Schwarz, City Manager CITY OF MILL VALLEY By Alan Plombo, City Manager TOWN OF ROSS Dated: 0 3 • a w By Patrick Streeter, Planning & Building Director TOWN OF SAN ANSELMO Dated: By David Donery, Town Manager 5-b Permitting Jurisdictions MOU FINAL TOWN OF CORTE MADERA -4/ Dated: 3/22/2021— By -10 Todd Cusimano, Town Manager Dated: Dated: TOWN OF FAIRFAX By Garrett Toy, Town Manager CITY OF LARKSPUR By Dan Schwarz, City Manager CITY OF MILL Y Dated: Z24 By Alan Piom a D. o, City Manager TOWN OF ROSS Dated: By Patrick Streeter, Planning & Building Director TOWN OF SAN ANSELMO Dated: By David Donery, Town Manager 5-c Permitting Jurisdictions MOU FINAL Dated: Dated: Dated: Dated: Dated: TOWN OF CORTE MADERA By Todd Cusimano, Town Manager TOWN OF FAIRFAX By Garrett Toy, Town Manager CITY OF LARKSPUR By Dan Schwarz, City Manager CITY OF MILL VALLEY By Alan Piombo, City Manager TOWN OF ROSS By Patrick Streeter, Planning & Building Director TOWN OF SAN ANSELMO Dated: Z7� 2 By -- David Donery, Town Manager 5-d Permitting Jurisdictions MOU FINAL CITY OF SAN RAFAEL Dated: By Jim 5chvtz, c ty manage .,_ CITY OF SAUSALITO Dated: _ By Adam Politzer, City Manager TOWN OF TIBURON Dated: By Greg Chanis, Town Manager COUNTY OF MARIN Dated: • _ _ By . Matthew H. Hymel, County Administrator 6-a Permitting Jurisdiction MOU FINAL DocuSign Envelope ID: 1 DB29701-721 F-49A9-9CBE-E92A191 B0965 Dated: 6/24/2021 Dated: Dated: CITY OF SAN RAFAEL By Jim Schutz, City Manager CITY OF SAUSALITO By — - Chris Zapata, City Manager TOWN OFTIBURON By Greg Chanis, Town Manager COUNTY OF MARIN Dated: By Matthew H. Hymel, County Administrator Permitting Jurisdictions MOU FINAL CITY OF SAN RAFAEL Dated: _ By Jim Schutz, City Manager CITY OF SAUSALITO Dated: By Adam Politzer, City Manager TOWN OFTIOU .16 Dated: By+� Greg ChVsow n Manager COUNTY OF MARIN Dated: By Matthew H. Hymel, County Administrator 1� Permitting Jurisdictions MOU FINAL Dated: Dated: Dated: r l Dated: 1� l CITY OF SAN RAFAEL By Jim Schutz, City Manager CITY OF SAUSALITO By Adam Politzer, City Manager TOWN OF TIBURON By Greg Chanis, Town Manager COUNTY OF MARIN r By viv Matthew H. Hyme , unty Administrator Permitting Jurisdictions MOU FINAL .• Exhibit A: District Codes The following are the District's Applicable Codes: Water Efficient Landscaping (District Code: 13.02.021(5)) Landscape Plan Review is required in the following instances: 1. New construction projects with an aggregate landscape area equal to or greater than 500 square feet requiring a building or landscape permit, plan check or design review. 2. Rehabilitated landscape projects with an aggregate landscape area equal to or greater than 1,000 square feet requiring a building or landscape permit, plan check, or design review. 3. Any project with an aggregate landscape area of less than 1,000 square feet requiring a building or landscape permit, plan check, or design review shall comply with the performance requirements of the MMWD ordinance or conform to the prescriptive measures. Backflow Prevention (District Code: 11.14.010) Backflow inspection is required in the following instances: All sites that contain an auxiliary water source. Graywater (Ordinance 429) Graywater is required in the following instances: All projects that require installation of new water service and existing structures undergoing "substantial remodel" that necessitates an enlarged water service. Interior Plumbing Fixtures (District Code: 13.02.021(3)) All plumbing installed, replaced or moved in any new or existing service shall be high -efficiency fixtures and shall meet the following minimum requirements: 1. High -Efficiency Clothes Washers: Residential or commercial clothes washers that meet the current highest water efficiency standards as defined by the District. The General Manager shall have authority to grant a variance from the requirements of this section based upon financial hardship. 2. High -Efficiency Lavatory Faucet: The maximum flow rate shall not exceed 1.0 gallons per minute (gpm) at a pressure of 60 pounds per square inch (psi) at the inlet, when water is flowing. 3. High -Efficiency Shower Head: The manufacturer shall specify a maximum flow rate equal to or less than 2.0 gallons per minute (gpm), at a pressure of 60 pounds per square inch (psi) at the inlet, when water is flowing. 4. High -Efficiency Toilet: Any WaterSense listed toilet rated at an effective flush volume of no greater than 1.28 gallons. 5. High -Efficiency Urinal: The average water consumption shall not exceed 0.25 gallons per flush (gpf)• Non -Residential Interior Plumbing Fixtures (District Code: 13.02.021(4)) All plumbing installed, moved or replaced in any new or existing service shall be high efficiency fixtures and shall meet the following minimum requirements: A. Lavatory faucets, other than public lavatory or metering faucets, shall deliver 1.0 gallons, or less of water per minute. 1. Metered Faucets. Self-closing or self-closing metering faucets shall be installed on lavatories intended to serve the transient public, such as those in, but not limited to, service stations, train stations, airports, restaurants, and convention halls. Metered faucets shall deliver no more than 0.25 gallons of water per use. Self-closing faucets shall deliver no more than 0.5 gallon per minute. 7 Permitting Jurisdictions MOU FINAL 2. Public lavatory (other than metering) faucets shall deliver 0.5 gallons, or less, of water per minute. 3. Kitchen, bar and utility/service (other than hand -washing sinks) faucets shall by default deliver 1.8 gallons per minute or less, and may be constructed to allow a temporary flow of 2.2 gallons, or less, of water per minute. Permitting Jurisdictions MOU FINAL Exhibit B: Sam le Letters MARIN � WATER Date Name Company Address City, State, Zip Re: Project Name, City Project #: <>; APN: <>; Service #: <> WATER CONSERVATION ORDINANCE 430 Landscape Prescriptive Compliance option Letter Dear Name: The landscape details submitted to the District for review have passed. It is the landscape architect's or the owner's agent's responsibility to ensure that the installation complies with the Prescriptive Compliance Method Checklist. Upon completion of the project the landscape architect or agent must submit the required Certificate of Completion form and irrigation audit results to the Water Conservation Department A final inspection will then be scheduled to verify field compliance with the ordinance. If you have questions, please call me at (415) 945-XXXX. <Signature> <Name> <Title> Cc: Ana Arena, MMWD Joseph Eischens, MMWD Nole Studley, MMWD Water Use for SV-XXXXX: N/A Maximum Flow Rate: N/A MarinWater.org Permitting Jurisdictions MOU FINAL MARIN � WATER Date Name Company Address City, State, Zip Re: Project Name, City Project #: <>; APN: <>; Service #: <> In Attendance: <Give names and company of persons attending including self> WATER CONSERVATION ORDINANCE 430 Landscape Inspection Compliance Letter Dear Name: On date, a site inspection was performed. The project is in compliance with the landscape portion of Ordinance 430 and the water entitlement/baseline has been established for the project. The District thanks you for your cooperation in our effort to conserve water. Sincerely, <Signature> <Name> <Title> <Phone Number> MarinWater.org J20 hdc`�len Aveiiuc, Corte MA idrri, CAV 14925 115,9R$.1d 5 10 Permitting Jurisdictions MOU FINAL MARIN � WATER Date Name Company Address City, State, Zip Re: Project Name, City Project #: <>; APN: <>; Service 9: <> WATER CONSERVATION ORDINANCE 430 Landscape Project Exemption Letter Dear Name: This project does not need to be in compliance with the landscape portion of Water Conservation Ordinance 430 because no irrigation system will be rnstalfed. Please contact the following individuals if you have further questions: Regarding meters and water service: Ana Arena (415-945-1531) Regarding backflow prevention devices and recycled water: Nole Studley (415- 945-1558) If you have questions, please call me at <(XXX) XXX-XXXX>. <Signature> <Name> <Title> Cc: Ana Arena, MMWD Joseph Eischens, MMWD Nole Studley, MMWD Water Use for SV-XXXXX: Exempt Maximum Flow Rate: Exempt MarinWater.org Permitting Jurisdictions MOU FINAL 11