HomeMy WebLinkAboutStaff Report 4.A 12/07/2015Agenda Item #4.A
DATE: December 7, 2015
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Dan St. John, F.ASCE — Director, Public Works and Utilities
Leah Walker, P.E. — Environmental Services Manager
SUBJECT: Resolution Certifying Addendum No. 1 to the Program Environmental Impact
Report for the Water Recycling Expansion Program Certified by Resolution No.
2008 -206; Introduction of an Ordinance Adding Chapter 15.90 to Title 15 of the
Petaluma Municipal Code, Authorizing the Approval of Recycled Water Service
Agreements and Associated Easements for the Petaluma Recycled Water System
by City Council Resolution and Authorizing the City Manager to Execute
Recycled Water Service Agreements and Accept Associated Easements;
Resolution Approving the Form Recycled Water Service Agreements and
Associated Easements for the Petaluma Recycled Water System and Authorizing
the City Manager to Execute Recycled Water Service Agreements and Accept
Associated Easements
RECOMMENDATION
It is recommended that the City Council:
1. Adopt the Resolution Certifying Addendum No. 1 to the Program Environmental Impact
Report (EIR) for the Water Recycling Expansion Program (WREP) Certified By
Resolution No. 2008 -206; and
2. Introduce the Ordinance Adding Chapter 15.90 to Title 15 of the Petaluma Municipal
Code, Authorizing the Approval of Recycled Water Service Agreements and Associated
Easements for the Petaluma Recycled Water System by City Council Resolution and
Authorizing the City Manager to Execute Recycled Water Service Agreements and
Accept Associated Easements; and
3. Adopt the Resolution Approving the Form Recycled Water Service Agreements and
Associated Easements for the Petaluma Recycled Water System and Authorizing the City
Manager to Execute Recycled Water Service Agreements and Accept Associated
Easements.
BACKGROUND
The City of Petaluma delivers recycled water to urban users within the City (parks, open spaces,
golf courses, and schools) and to agricultural customers outside the City limits. Historically, the
water delivered to agriculture was secondary treated wastewater. In 2013, as a cost saving
measure, the City began delivering tertiary treated recycled water, defined as secondary treated
wastewater with additional filtration and ultraviolet light disinfection, for urban uses, and
converted the golf courses and agricultural customers to the same product.
In May 2012, the City Council authorized the City Manager to execute an agreement for
purchase and use of recycled water with Jackson Family Investments (Resolution 2012 -058).
The commodity charge in that agreement for secondary treated recycled water was established in
the water rate resolution (Resolution 2011 -165) at $1.88 per hundred cubic foot (lief), which at
the time was "80% of the City's retail rate for potable water. It was intended that the "Jackson
Family agreement" would establish a template for future agricultural customers, as needed, and it
established the precedent to charge the full commodity rate for recycled water.
The conversion from secondary treated to tertiary treated recycled water was done to improve the
water quality that was being placed on the environment while avoiding the expense of operating
two separate recycled water delivery systems. This simplified the operation of the system,
reduced costs by eliminating the need to upgrade the old recycled water pump station and
Booster Pump Station 1, and avoided the need to construct a second parallel "purple pipe"
transmission main on Brown's Lane. This also saved millions of dollars in the City's Recycled
Water CIP program and allowed immediate connection to a number of parks, schools, and golf
courses that could not be served with secondary treated wastewater. When customers,
agricultural and urban, were switched to tertiary recycled water, Jackson Family Vineyards
continued to pay the commodity charge for secondary treated recycled water established in their
agreement. The higher rate for tertiary treated water that was included in their recycled water
agreement was not imposed because it was the City's decision, not theirs, to end secondary
treated water delivery.
In April 2013, the City Council approved Resolution 2013 -037 authorizing the City Manager to
execute new agreements with long -term agricultural customers that have received recycled water
since 1976. These deliveries help the City dispose treated wastewater during six months each
year when discharge to the Petaluma River is prohibited. Up to 2013, these "legacy customers"
were paid by the City to accept recycled water. The Council action in 2013 approved a standard
agreement that transitioned legacy agricultural customers from a "payment to user" system to a
"user pays" system. The rate paid by the legacy customers is heavily discounted at approximately
10% of the recycled water commodity charge established by rate resolution to reflect their
historic wastewater disposal function and ability to pay.
DISCUSSION
Since the execution of the agreements with Jackson Family and the legacy agricultural
customers, the City has been approached by numerous agricultural property owners located
southeast of the City desirous of receiving recycled water for irrigation. These interested parties
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have properties either adjacent to existing distribution pipes or in areas where the City has plans
to expand the agricultural distribution system. The City has the recycled water available to serve
these customers especially if they can take the water during non -peak demand periods during the
spring "shoulder season" to fill their storage ponds. Bringing these customers into the recycled
water program has a number of advantages, including:
• Generates additional revenues,
• Builds customer base at the commodity charges established by rate resolution and
corresponding reliable demand in the existing service area
• Helps to preserve the agricultural heritage of the Petaluma area
• Reduces discharges to the Petaluma River and San Francisco Bay.
• Reduces surface water diversions and groundwater withdrawals within the Petaluma
Valley watershed.
The existing agreement template developed for Jackson Family is no longer suitable for new
customers because of the outdated references to secondary treated recycled water, separate rates
for secondary and tertiary recycled water, lack of limits for peak demands or requirements for
seasonal storage, and other conditions. A revised agreement template has been developed for
new agricultural customers outside the City limits (Attachment 6), although it is not intended to
be used by the legacy agricultural customers at this time. The terms "secondary treated recycled
water" and "tertiary treated recycled water" have been replaced with "recycled water ". The new
agreement imposes limits on the maximum flow rate and maximum month deliveries to the user;
specifies that failure by the user to comply with recycled water delivery schedules could result in
termination of the agreement; and notifies the user that the City may restrict user's delivery
hours to certain hours or days to accommodate system -wide recycled water demands. The
agreement informs the user of the potential need to install seasonal storage to ensure that the user
has sufficient recycled water available when needed during the peak of the irrigation season, or
to utilize maximum delivery amounts specified in the agreement. These revisions are necessary
to ensure the City has control over recycled water deliveries and can plan production
accordingly.
Some but not all of the future properties to be served require the City to obtain an easement fiom
the property owner to allow transport and /or delivery of recycled water to the customer or to
other customers located downstream. The improvements located on private property include
pipes, pumps, and meters that require an easement from the underlying property owner. Section
46 of Article VII of the Petaluma City Charter requires property acquisition to be approved by
ordinance of the City Council unless the Council takes action pursuant to a general law of the
State. Given the potentially large number of recycled water service agreements and the routine
process of acquiring easements, it is recommended that the Council delegate the authority to
approve individual agreements and easements to the City Manager as has been done in easement
matters and development agreements related to new land development projects.
The proposed ordinance amendment, included as Attachment 4 would provide legislative
authority for City Council approval of form agreements and easements for recycled water by
resolution and would authorize the City Manager to execute recycled water service agreements
and accept easements using Council - approved form documents. The ordinance is followed by a
resolution, included as Attachment 5, providing approval of a new form agreement for recycled
water service and an easement deed form for accepting easements on private property, shown in
Attachment 6. The resolution provides the authority to the City Manager to execute agreements
and easements substantially similar to the approved forms. This action meets the requirements of
Section 46, Article VII of the Petaluma City Charter, provides for appropriate City Council
oversight of the recycled water program, promotes efficient use of public resources and fiscal
efficiency, and allows necessary flexibility to manage the Recycled Water Program. The
proposed action will effectively meet the needs of recycled water users and maximize recycled
water use while generating additional revenue for recycled water operations.
This action is consistent with General Plan 2025 Goal 8 -G -3: "Maximize the use of recycled
water as a potable water offset to manage water demands, and to meet regulatory requirements
for wastewater discharge."
Environmental Review
Because some of the properties to be served with recycled water are outside of, but in proximity
to, service areas identified in the Water Recycling Expansion Project Environmental Impact
Review (EIR), the recommended Council action also includes adoption of an Addendum to the
WREP EIR to expand the recycled water service area boundary. The proposed form agreements
and expansion of the service boundary are consistent with the WREP for which an EIR was
certified by the Council in 2008 (Resolution 2008 -206). Therefore, it is recommended to adopt
an addendum to the EIR to comply with the California Environmental Quality Act (CEQA). As
discussed on pages 4 -5 of the WREP EIR Addendum (Attachment 2), none of the events outlined
in CEQA Guideline section 15162 has occurred which would trigger the need to prepare a
subsequent EIR.
Because the new properties that would be included within the revised Service Area Boundary are
similar to those currently within the existing service boundary, no new effects will occur and no
new mitigation measures are required. They are rural and actively involved in farming activity.
Vegetation, soil types, and ground slopes are similar. Program activities that could occur within
the revised Service Area Boundary would be the same as described and analyzed in the WREP
EIR, including application of recycled water, installation of pipelines, and construction staging.
In review of the new properties in the context of the 12 environmental disciplines analyzed in the
WREP EIR, no new impacts were identified and all mitigation measures would still be
applicable. Therefore, providing the recycled water on the terms and conditions as outlined in the
form agreement is consistent with the WREP and its EIR.
In addition to the service area expansion, the proposed Council action includes an adoption of an
update to the EIR's Mitigation Monitoring Program (MMP). The MMP includes "PD -16:
Implement BMPs for Runoff, Erosion, Agricultural Chemical Use" as a measure incorporated
into the project description. PD -16 references a document entitled "Guidelines for Recycled
Water Users." The City has since promulgated "Rules and Regulations for Recycled Water
Customers" that sets forth the standards and practices to control runoff, irrigation and water
waste specific to the operation of the recycled water system. PD -16 is redundant to the Rules and
Regulations for Recycled Water Use, and fails to refer to the requirements regulating the public
il
health aspect of recycled water as set forth in the current operative State program. Therefore, an
updated MMP is recommended. This change in the MMP does not reduce the effectiveness of
mitigation, but merely updates the MMP previously adopted with the EIR. The revisions to the
MMP are included in Attachment 3.
FINANCIAL IMPACTS
The projected revenues from the five recycled water applications currently received are expected
to be $145,000 annually beginning in 2016. The five users have requested a little more than 178
acre -feet per year, which represents about 3 percent of the City's wastewater flow and about 8
percent of the total recycled water produced in 2014.
The total annual budget of the recycled water program within the wastewater enterprise fund is
$1,108,182 to cover the costs of treatment, pumping, pump and pipe repairs, maintenance,
customer service, metering and billing.
ATTACHMENTS
1. Resolution Certifying Addendum No. 1 to the Program Environmental Impact Report for the
Water Recycling Expansion Program Certified By Resolution No. 2008 -206
2. Exhibit A to Resolution: December 2015 .Water Recycling Expansion Program EIR
Addendum
3. Exhibit B to Resolution: December 2015 Updated Mitigation Monitoring Plan. (This is large
in volume and available for review in the City Clerk's office.)
4. Resolution Approving the Form Recycled Water Service Agreements and Associated
Easements for the Petaluma Recycled Water System and Authorizing the City Manager to
Execute Recycled Water Service Agreements and Accept Associated Easements
5. Ordinance Adding Chapter 15.90 to Title 15 of the Petaluma Municipal Code, Authorizing
the Approval of Recycled Water Service Agreements and Associated Easements
6. Exhibit A to Resolution: Recycled Water Agreement Template
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Attachment 1
RESOLUTION CERTIFYING ADDENDUM NO. 1 TO THE PROGRAM
ENVIRONMENTAL IMPACT REPORT FOR THE WATER RECYCLING
EXPANSION PROGRAM CERTIFIED BY RESOLUTION NO. 2008-206
WHEREAS, the City of Petaluma General Plan 2025 recognizes the use of recycled
water as a potable water offset and to meet regulatory requirements for wastewater discharge;
and
WHEREAS, the City of Petaluma desires to expand its recycled water system to reduce
wastewater discharges and provide additional recycled water for agricultural uses; and
WHEREAS, continued agricultural reuse of recycled water will support compliance with
the requirements of the Regional Water Quality Control Board through disposal/ beneficial reuse
of City recycled water; and
WHEREAS, on November 3, 2008, the City Council, by Resolution No. 2008 -206,
certified the Program Environmental Impact Report (EIR) for the Water Recycling Expansion
Program ( "Project "); and
WHEREAS, Resolution No. 2008 -206 made certain findings of fact and statement of
overriding considerations as required under the California Environmental Quality Act ( "CEQA ")
as set forth in Exhibit A to Resolution No. 2008 -206; and
WHEREAS, Resolution No. 2008 -206 adopted a Mitigation Monitoring Program for the
Project as set forth in Exhibit B to Resolution No. 2008 -206 ( "MMP "); and
WHEREAS, the MMP identifies "PD -16 Implement BMP's for Run Off, Erosion,
Agricultural Chemical Use" as a measure incorporated into the Project description ( "PD -16 ");
and
WHEREAS, after certification of the EIR in 2008, the City adopted Rules and
Regulations for Recycled Water Customers, which sets forth the standards and practices to
control runoff, irrigation, and water waste as it relates to recycled water; and
WHEREAS, PD -16 is redundant to the Rules and Regulations for Recycled Water Use,
and fails to refer to the requirements regulating the public health aspect of recycled water as set
forth in the current operative state program; and
WHEREAS, the City desires to amend PD -16 as set forth in Exhibit B, attached hereto
and incorporated by reference to simplify and clarify requirements for the recycled water end
user; and
WHEREAS„ the City also desires to amend the Project to extend the Recycled Water
Service Area Boundary along the southeast edge as shown in Revised Figure 2 -2 of Addendum
No. 1 to the EIR (Exhibit A); and
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WHEREAS, the City Council has directed City staff to pursue agreements for the
distribution of recycled water to agricultural customers based on a "user pay" system with rates
set to recover a portion of the City' s recycled water system operating costs as currently reflected
in the recycled water commodity charge set by the City Council by resolution; and
WHEREAS, continued agricultural reuse of recycled water will result in financial
benefits to the City's recycled water program; and,
WHEREAS, under California Environmental Quality Act (CEQA) Guidelines section
15164, a lead agency may prepare an addendum to a previously certified EIR to analyze changes
in a project, or in circumstances surrounding a project, where the record indicates that a
supplemental or subsequent EIR or negative declaration is not required; and
WHEREAS, the Council has considered Addendum No. 1 to the EIR, attached hereto as
Exhibit A ( "Addendum No. 1 ").
NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITY OF
PETALUMA, that:
1. Findings: Based upon the substantial evidence set forth in the record, the City Council
makes the following findings:
a. The foregoing recitals are true and correct and incorporated by reference.
b. Pursuant to CEQA Guidelines 15164(b) and (e), no further environmental review is
warranted because:
i. The change to the Service Area Boundary is not anticipated to increase the
overall length of pipe to be installed; and
ii. The proposed PD -16, asset forth in Exhibit B, does not reduce the
effectiveness of the measure.
c. Therefore, there are no conditions warranting further environmental review.
d. The Addendum No. 1 represents the independent judgment and analysis of the City
Council.
2. The Council determines that Addendum No. 1 is the appropriate CEQA documentation for
the Project as modified; and
3. The Council hereby certifies Addendum No. 1; and
4. The Council hereby amends PD -16 as specified in Exhibit B to Resolution No. 2008 -206,
with PD -16 set forth in Exhibit B, attached hereto and incorporated by reference; and
5. The Council hereby approves the modification of the Revised Figure 2 -2 of Addendum No.
to the EIR.
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6. The documents, which constitute the record of proceedings upon which this Resolution is
based, are available for review at the City Clerk's office during normal business hours.
7. The Director of the Public Works and Utilities Department is directed to file a Notice of
Determination for the certification of the Addendum.
Attachment 2
Exhibit A
Water Recycling Expansion Program EIR Addendum
Introduction
In November 2008 the City certified the Water Recycling Expansion Program EIR (State Clearinghouse
#2007052146) and approved the Program. The EIR evaluated "near- term" improvements at a project
level and the remainder of the improvements and the use of recycled water at a program level of detail.
The near -term improvements included a storage tank and conveyance pipelines that were to be
implemented immediately after certification of the EIR and for which enough detail was known to allow a
project -level review. The improvements evaluated at a program level of detail included use of recycled
water, new pipelines, a small open reservoir, new and upgraded pump stations, and associated facilities.
The program level improvements were to be implemented over a longer period of time, as the demand for
recycled water increased, through 2025.
The City is proposing minor revisions to the overall Program, to expand the recycled water service area
boundary and update a project measure.
Proposed Revisions
This Addendum tiers from the Water Recycling Expansion Program (WREP) EIR and analyzes the
following proposed revisions to the Program:
• Extend the Recycled Water Service Area Boundary along the southeast edge (refer to attached
Revised Figure 2 -2).
• Revise project design measure PD -16, Implement BMPs for Runoff, Erosion, and Agricultural
Chemical Use, to reflect the City's Rules and Regulations for Recycled Water Customers
regarding the use of recycled water.
The City has been approached by several agricultural property owners located southeast of the City
desirous of receiving recycled water for irrigation. Some of the properties are located outside of the
Recycled Water Service Area Boundary, but would support the objectives of the Program to reduce
wastewater discharges and provide additional recycled water for agricultural irrigation. Therefore, the City
proposes to amend the Recycled Water Service Area Boundary, as defined in Figure 2 -2 Concept Plan of
the WREP EIR, to extend it approximately 0.5 mile to the southeast of the existing boundary. The
proposed new boundary for the service area is shown on the attached Revised Figure 2 -2 Concept Plan.
The new properties that would be included within the revised boundary are similar to those currently
within the boundary in that geographic location. The properties are rural, many of which are utilized in
some type of farming activity. Activities that could occur within the revised Service Area Boundary would
remain the same as described in Chapter 2 Project Description of the WREP EIR: use of recycled water,
installation of pipelines and associated appurtenances, and construction staging areas. Inclusion of the
new service area would not require additional length of pipeline beyond that identified and analyzed in the
WREP EIR. The Project Description anticipated approximately 28 miles of pipeline would be installed with
full implementation of the Program; this change to the Service Area Boundary is not anticipated to
increase the overall length of pipe to be installed.
After certification of the WREP EIR in 2008, the City adopted the Rules and Regulations for Recycled
Water Customers (Rules and Regulations) regarding the use of recycled water. Runoff, irrigation
practices, and water waste are now controlled in the Rules and Regulations, resulting in portions of PD-
16 being redundant. In addition, the State program regulating the public health aspects of recycled water
has moved to a different agency. Therefore, the City is proposing revisions to project design measure PD-
16 to clarify the regulatory agency and eliminate redundancies that could be confusing to recycled water
users. The revisions proposed below do not reduce the effectiveness of the mitigation measure; they
merely refer the reader to the City's more specific Rules and Regulations where the same restrictions on
runoff, irrigation practices, and water waste are prescribed in more detail. The proposed changes to PD-
16 are as follows:
December 7, 2015 Page 1
9
Water Recycling Expansion Program EIR Addendum
1313-16 Implement BMPs for Controlling Runoff, Erosion, Agricultural Chemical Use, and
Water Waste
As a purveyor of recycled water, the City of Petaluma is required to ensure that all of the city's
recycled water users are aware of their responsibilities regarding the proper use of recycled water. To
ensure that users are informed of the proper use of recycled water, the City provides each recycled water
user with a copy of "Guidelines for Rceye?ea Water Users "Rules and Regulations for Recycled Water
Customers ". These guidelines rules are consistent with those promulgated by the California State
r,� ment of P„ blie Health (rnnu) State Water Resources Control Board, Division of Drinking Water
a m-ri -rn�
to protect the health of the public and the employees of recycled water users.
The g ideli neTrules for develeping BAVs for efficient if ^' +'on controlling runoff are located in the
oPeratren 1 eArel s €stien of the �s Rules and Regulations
for Recycled Water Customers ". See the City of Petaluma, Recycled Water System, Notice of Intent
(NOI) and the Water Reuse Program Technical Report and Engineering Report for the Production,
Distribution, and Use of Recycled Water (City of Petaluma August 2005).
The City shall meet the requirements of General Water Reuse Order 96 -011 authorizing municipal
wastewater reuse by producers, distributors, and users of non - potable recycled wastewater and follow
all provisions of the NOI. The City shall implement BMPs to prevent runoff, control erosion and
infiltration, reduce water waste, and reduce impacts of agricultural chemical application on properties
receiving recycled water for irrigation. The following measures, or alternative measures of equivalent
effectiveness to those listed in Order No. 96 -011 (Refer to Appendix C of the Draft EIRthis deeHiner�t),
shall be implemented, depending upon their applicability to site - specific conditions:
Rune
A-ppheatiefl Meth. d and rate shall eensistently bee .,lent to ,rep demand.
need.
h+igation methods shall be suitable to the &Ae-
Use meastwes that EPA has assembled abetA the best available, eeonetnioally aehievable means
ef reducing pollution of surface and gr-aund water 4em agr-ieulture in Alational A�Wnagemen
Erosion
• Agricultural practices shall be designed to retain soil in place on the hillside, using methods such
as cover crops.
Irrigation Dranfinnc
• Avoid ever- or under watefing trees or : L,,.,,4....
PfevetA irriga4ieri from spraying the trunks and bases of e)dstii4g trees alld s4tibs, at least "r-ing the
General
Prospective recycled water customers must submit to the Recycled Water Program an Application
for a Recycled Water Use Permit. For sites where recycled water is to be used inside a building, a
more formal Engineering Report must be filed. Upon receipt of the permit application, the City of
Petaluma shall conduct a plan check to verify that all design requirements are met. If not met,
the City of Petaluma may require resubmittal of the missing information and /or drawings. For
retrofit sites, the City shall conduct a site inspection, and notify the customer of any repairs or
modifications required. Upon completion of construction (or site modifications), the City of
Petaluma shall conduct a final inspection to verify that all design requirements have been met and
a cross- connection test to verify that there are no interconnections between the potable and
December 7, 2015 Page 2
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Water Recycling Expansion Program EIR Addendum
recycled water systems. All final conditions must be recorded on the site drawings. Final approval
for service shall be indicated by the City of Petaluma issuing a Recycled Water Permit. The
Permit includes the customer's signed permit application, along with a listing of site - specific
requirements, if any. The permit shall be the binding agreement between the City of Petaluma
and the user.
Water Waste and Related Provisions
system. • A eustemer shall not allem, potable of Foeycled water waste. Water waste is defined as water use i
outdoor amas resulting in runoff-, or- breaks eF leaks in the wat@F deliver-y
• The Director may issue A- vffitten iv-Aming te anyone who vielates the watef waste pvehibitien. 1
a oustemer- does not eaffeet the violation within 72 hows of nelifieation, or sueh other- time as
speeified by the Direet,.« the City m diseo.-. eet potable o : boa water- sefviee.
• Consumers shall furnish, construct, install, own, operate, maintain and repair that portion of the
potable or recycled water system on the consumer's premises which begins at the coupling on the
consumer's side of the water meter. The City, as determined by the Director, may require the
consumer at his /her own expense to adjust, replace, repair, maintain or discontinue the use of any
potable or recycled water receiving or regulating equipment on the consumer's side of the
meter.
Potable e Recycled water service may be disconnected for the following reasons:
• If the owner, occupant or consumer fails to comply with any of the regulations; or
• For public health and /or safety reasons; or
• If the utility customer who has received notice of violation of the water waste provisions fails
to correct the conditions which caused the violation with 15 days, or other reasonable time as
determined by the Director; or
• For breach of the Recycled Water Use Permit as defined in the Recycled Water Regulations.
► ►rhan ReGyGled IA later Rules and Regulations
• Re ,eled Water- User's Gut The City shall at all times have a "guideline f F Reey.led ` ater-
UsersRules and Regulations for Recycled Water Customers" • The se of the — Resy^ol
Water- Users Qari e ;. to detail the requirements of the following rules and regulations as they
apply to the City recycled water system: the adopted Mitigation Monitoring Program; the
California Code of Regulations Title 22; other state and local rules and regulations related to the
use of recycled water as they may be adopted or changed from time to time. Pursuant to the
R oeyeled Water- T ser's Q,,; ro rules and regulations, each user site is inspected annually, new sites
are inspected on installation, and regular contact with the City is required. New site inspections
shall include: the site being installed per approved plans; appropriate signage, identification and
markings for the recycled water system; mandatory cross - connection test; and mandatory
irrigation coverage test to insure no runoff or overspray.
• Recycled Water Use Permit. The City shall issue to each recycled water customer a Recycled
Water Use Permit for each site, which grants permission to use recycled water and requires the
customer to use recycled water in accordance with the rules, regulations and standards of the
Recycled Water User's Guide and all applicable state and local rules and regulations.
• Designation of Site Supervisor. Each customer shall designate a Site Supervisor for each site
covered by a Recycled Water Use Permit. The Site Supervisor must serve as a liaison with the
City, and must have the authority to carry out the requirements of the Recycled Water User's
Guide and Recycled Water Use Permit, including the operations and maintenance of the on -site
recycled water system and prevention of potential hazards. In accordance with the Recycled Water
User's Guide, the site supervisor is responsible for regular system monitoring and an annual self -
inspection report, operating the irrigation system to prevent runoff, overspray, and control of off -
site drift. The site supervisor must be available to the City 24 hours a day in case of emergency.
• Operation and maintenance of customer equipment. Each customer shall operate and maintain the
on -site recycled water system in accordance with the Recycled Water User's Guide and Recycled
Water Use Permit. Notwithstanding compliance with this section, the City reserves the right to
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Water Recycling Expansion Program EIR Addendum
take any action necessary with respect to the operation of the customer's recycled water system to
safeguard public health.
Entry upon customer's premises. As a condition of recycled water service for new customers and
as a condition of continued recycled water service for existing customers, the customer shall
permit the City to enter upon the customer's property during the City's normal working hours,
or in case of emergency at any time, to inspect the customer's on -site recycled water system
for compliance with the provisions of this chapter.
Enforcement of recycled water use rules and regulations. Violations related to the use of recycled
water shall be subject to notices, penalties, fines, and termination of service. It shall be the policy
of the City of Petaluma to remedy a violation as soon as possible through a progressive
enforcement policy that affords the user due process and carefully considers the seriousness of
the violation before determining the appropriate enforcement actions(s).
� turf of high water use plants shall be allowed on slopes Eweee4ing 0 eF 2591/0
prejeet water- saving teelip4ques ean eampensate for- the inemased r-uaof� and where need for su
slopes is demenstFated.
• Pressure regulation shall be installed so that all eemponents of the ir+igation system operate at the
mai+ufaetwer-'s r.d edl p
• k+igatioa delivery systems shall be designed in sueh a mannef giat water- does Hot rtin off or-
over-spray onto adjaeent pavement, sidewalks, straetures or other- non 4ndseaped areas.
• A 1, + off devioes shall be installed on each ifrigation eentrollef.
• Chpek valves shall be installed where elevation differe+Aial may eause low head dri"-.
• Sprinkler he d s shall have matched „ pit t;d, rates on +„ «f
Implementing Agency: City of Petaluma
Timing: Start: Prior to the delivery of recycled water to any parcel.
Complete: When the landowner no longer utilizes recycled water.
Monitoring Agency: City of Petaluma
Validation: Monitoring Reports (user and City)
Use of an Addendum
The City has determined that the appropriate CEQA document for the proposed revisions to the WREP is
an Addendum to the Water Recycling Expansion Program EIR in accordance with CEQA Guidelines
Section 15164(a) which states that a lead agency shall prepare an addendum to a previously certified EIR
if some changes or additions are necessary, but none of the conditions described in CEQA Guidelines
Section 15162 calling for the preparation of a subsequent EIR has occurred.
Under CEQA Guidelines Section 15162, when an EIR has been certified for a project, no subsequent EIR
shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence
in the light of the whole record, one or more of the following:
(1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or
negative declaration due to the involvement of new significant environmental effects or a substantial increase in
the severity of previously identified significant effects;
December 7, 2015 Page 4
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Water Recycling Expansion Program EIR Addendum
(2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will
require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously identified significant effects; or
(3) New information of substantial importance, which was not known and could not have been known with the
exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative
Declaration was adopted, shows any of the following:
(A) The project will have one or more significant effects not discussed in the previous EIR or negative
declaration;
(B) Significant effects previously examined will be substantially more severe than shown in the previous EIR;
(C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and
would substantially reduce one or more significant effects of the project, but the project proponents decline
to adopt the mitigation measure or alternative; or
(D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous
EIR would substantially reduce one or more significant effects on the environment, but the project
proponents decline to adopt the mitigation measure or alternative.
The proposed revisions would not substantially change the WREP and are consistent with the WREP
Objectives. In addition, the proposed minor revisions would not result in a new significant impact or a
substantially more severe significant effect than identified in the Water Recycling Expansion Program
EIR. The environmental analysis in support of this conclusion is provided below.
Environmental Analysis
As noted above, the new properties that would be included within the revised Service Area Boundary are
similar to those currently within the boundary in that geographic location: rural, with many actively
involved in some type of farming activity. Vegetation, soil types, and slopes also are similar. Program
activities that could occur within the revised Service Area Boundary would be the same as described and
analyzed in the WREP EIR, including application of recycled water, installation of pipelines, and
construction staging. In review of the new properties in the context of the 12 environmental disciplines
analyzed in the WREP EIR, no new impacts were identified and all mitigation measures would still be
applicable. The following is a summary of the key findings.
• The additional property within the revised service area boundary would not be located within
areas classified as MRZ -2 for mineral resources (California Geological Survey, Department of
Conservation, Special Report 205 2013). Therefore, the analysis and impacts relative to mineral
resources in the WREP EIR are adequate for the revised service area.
• No new potential for habitat of special- status species or vegetation communities has been
identified within the revised Service Area Boundary that was not already identified within the
existing service area boundary (CDFW CNDDB 2015). Therefore, the analysis, impacts, and
mitigation measures relative to biological resources in the WREP EIR are adequate for the
revised service area.
• Unknown cultural resources could occur within the additional properties. However, the WREP's
Mitigation Measure CR -1 b outlines a four -step process to identify and avoid or minimize impacts
to cultural resources. Mitigation Measure CR -1 b would be implemented with each individual
subsequent action that was approved under the WREP. Therefore, the analysis, impacts, and
mitigation measures relative to cultural resources in the WREP EIR are adequate for the revised
service area.
Changed Circumstances, New Information
No changes in circumstances, such as new regulations or new reasonably foreseeable relevant
cumulative projects, and no new information has been identified such that the evaluation of environmental
December 7, 2015 Page 5
13
Water Recycling Expansion Program EIR Addendum
impacts of the additional service area would be different than identified in the WREP EIR. As noted
above, the City adopted Rules and Regulations for Recycled Water Customers regarding the use of
recycled water. However, this was done in accordance with the mitigation plan to reduce impacts of the
WREP. It is not a new regulation that would change the analysis or result in new impacts not previously
identified, from implementation of the WREP.
References
The following documents are incorporated herein by reference and available for review at Water
Resources and Conservation, 202 N. McDowell Boulevard, during normal business hours.
City of Petaluma. 2008. Water Recycling Expansion Program EIR. November 3.
City of Petaluma. Rules and Regulations for Recycled Water Customers.
December 7, 2015 Page 6
14
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Exhibit B
CITY OF PETALUMA
Exhibit B to Resolution
PETALUMA WATER RECYCLING EXPANSION PROGRAM
MITIGATION MONITORING PROGRAM
NOVEMBER 3, 2008
REVISED DECEMBER 7, 2015
State Clearinghouse #2007052146
INTRODUCTION TO REVISED MITIGATION MONITORING PROGRAM
Minor revisions have been made herein to the November 3, 2008 Mitigation Monitoring Program to
provide clarification and reflect the 2015 WREP EIR Addendum. New text is indicated in underline and
deleted text is indicated in stri're n. Revisions have been made to the following pages:
- TOC -i
- Page 5
- Pages 27 to 29
17
PETALUMA WATER RECYCLING EXPANSION PROGRAM
MITIGATION MONITORING PROGRAM
TABLE OF CONTENTS
MITIGATION MONITORING PROGRAM
Introduction.......................................................................................................
............................... l
Compliance
with Existing Programs ................................................................. ...............................
4
MeasuresIncluded in the Project ...................................................................... ...............................
6
PD -1
Site and Design Facilities to Achieve Compatible Land Use ..... ...............................
7
PD -2
Revegetate Temporarily Disturbed Sites ..................................... ...............................
8
PD -3
Storm Water Pollution Prevention and Mitigation Plans ............ .............................10
PD -4
Slope Stabilization ...................................................................... .............................12
PD -5
Reduce Risk of Damage due to Liquefaction .............................. .............................13
PD -6
Standard Engineering Methods for Expansive Soils ................... .............................14
PD -7
Standard Engineering Methods for Corrosive Soils .................... .............................15
PD -8
Seismic Design to Resist Ground Shaking .................................. .............................16
PD -9
Construction Management Program ............................................ .............................17
PD -10
Mosquito Prevention Program .................................................. ...............................
19
PD -11
Standard Traffic Control Procedures ........................................... .............................20
PD -12
Avoidance of Airport Land Use Conflicts ................................ ...............................
22
PD -13
Minimize Temporary and Permanent Visual Impacts ................. .............................23
PD -14
Adjust Facility Design to Avoid Wells and Septic Systems ..... ...............................
24
PD -15
Lighting Design ......................................................................... ...............................
26
PD -16
Implement BMPs for Controlling Runoff, Erosion, Agricultural Chemical Use, and
WaterWaste ............................................................................................. ...............................
27
PD -17
Frac -Out and Undercrossing Contingency Plan ......................... ...............................
31
PD -18
Protect Creeks from Toxic Discharge ....................................... ...............................
32
PD -19
Construction Noise Control ....................................................... ...............................
33
PD -20
Air Quality Protection ................................................................. .............................34
PD -21
Riparian and Sensitive Habitat Protection ................................ ...............................
35
PD -22
Fence Foundation Remnants ..................................................... ...............................
36
MitigationMeasures ....................................................................................... ...............................
37
AG -1
Purchase Locally Grown or Inspected Plants ............................ ...............................
38
LU -1
Replacement of Open Space Easements ..................................... .............................39
HWQ -1
Pond Seepage .............................................................................. .............................40
NOI -1
Pump Station Noise Control ...................................................... ...............................
41
BIO -1 a
Avoid Loss of Candidate, Sensitive, or Special Status Species and their Habitat ...
42
BIO -lb
Rare, Threatened and Endangered Plant Protection Program ... ...............................
46
13I0-2a
Avoid Loss of Riparian Habitat or Other Sensitive Natural Communities ..............
47
13I0-2b
Avoid Loss of Aquatic Habitat due to Open Reservoir ............. ...............................
48
13I0-3
Avoid Fill and Other Impacts to Jurisdictional Waters and Wetlands .....................
49
City of Petaluma TOC -i December 7, 2015
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PETALUMA WATER RECYCLING EXPANSION PROGRAM
MITIGATION MONITORING PROGRAM
BI0-4a
Native Wildlife Nursery Protection Program ........................... ...............................
50
13I0-4b
Avoid Blocking Major Wildlife Migration or Travel Corridors ..............................
51
BIO -5
Avoid Permanent Impacts to Protected Trees ........................... ...............................
52
CR -la
Identify and Avoid or Minimize Impacts to Cultural Resources ..............................
53
CR -lb
Identify and Avoid or Minimize Impacts to Cultural Resources ..............................
54
CR -2
Evaluation and Treatment of Paleontological Resources .......... ...............................
55
VR -1
Landscape Screening ................................................................... .............................56
City of Petaluma TOC -ii December 7, 2015
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PETALUMA WATER RECYCLING EXPANSION PROGRAM
MITIGATION MONITORING PROGRAM
MITIGATION MONITORING PROGRAM
INTRODUCTION
This Chapter presents the Mitigation and Monitoring Program for the Petaluma Water Recycling
Expansion Program (WREP). The mitigation measures listed herein are required by law or regulation, are
adopted by the City as part of the Project, or are recommended by the environmental team.
The project measures or mitigation measures listed below have been identified in Chapter 4
Environmental Analysis, as feasible and effective in mitigating Project - related environmental impacts.
The effectiveness of each measure is identified in this Chapter and discussed in detail in Chapter 4.
Legal Basis
The legal basis for the development and implementation of a Mitigation and Monitoring Program lies
within the California Environmental Quality Act (CEQA), Sections 21002 and 21002.1:
• Public agencies are not to approve projects as proposed if there are feasible alternatives or
feasible mitigation measures available which would substantially lessen the significant
environmental effects of such projects; and
• Each public agency shall mitigate or avoid the significant effects on the environment of projects
that it carries out or approves whenever it is feasible to do so.
CEQA Section 21081.6 further requires that: the public agency shall adopt a reporting or monitoring
program for the changes made to the project or conditions of project approval, adopted in order to
mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be
designed to ensure compliance during project implementation. The monitoring program must be adopted
when a public agency makes its findings under CEQA so that the program can be made a condition of
project approval in order to mitigate significant effects on the environment.
Program Implementation and Monitoring
The City of Petaluma shall be responsible for overall implementation and administration of the Mitigation
and Monitoring Program. The City may partner with others, such as tertiary and secondary water users,
who will need to implement the Program as well. The City shall designate a Coordinator to oversee
implementation of the mitigation measures and ensure they are completed to the standards specified in the
EIR. The Coordinator will also ensure that the mitigation measures are completed in a timely manner.
Duties of the Coordinator include the following:
• Coordinate with applicable agencies that have mitigation monitoring and reporting responsibility;
• Coordinate activities with the construction manager;
• Coordinate activities of all in -field monitors;
• Develop work plan and schedule for monitoring activities;
• Coordination of activities of consultants hired by the City when such expertise and qualifications
are necessary;
• Routine inspections and reporting activities;
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PETALUMA WATER RECYCLING EXPANSION PROGRAM
MITIGATION MONITORING PROGRAM
• Plan checks;
• Assure follow -up and response to citizen inquiries and complaints;
• Develop, maintain, and compile Verification Report form(s);
• Maintain the Mitigation Monitoring Checklist or other suitable mitigation compliance summary;
and
• Coordinate and assure implementation of corrective actions or enforcement measures, as needed.
Measures Included in the Project
This section presents a listing and description of measures and standards which have been incorporated
into the project design. These measures are denoted by the "PD" in the measure name. The City has
adopted these measures and incorporated them as part of the project in order to avoid or minimize
potential environmental impacts. These measures represent standard engineering, design, construction,
and maintenance practices. The process for the development of these measures began during the scoping
and early planning phase of the project. Measures were developed to change the project and avoid
potential impacts identified by the public and federal, state, and local agencies. Other measures were
developed as a result of air quality, noise, geotechnical, biological, cultural, and hydrological analysis in
order to avoid or minimize potential impacts.
Because these measures are part of the project, they do not qualify under the normal definition of
mitigation. However, these measures have been included in this chapter to provide a mechanism to
ensure that these measures are implemented and monitored, and to assist the reader in understanding the
commitments made by the City of Petaluma.
This section includes measures to be implemented in all phases of the project, including planning and
design, construction, operation, and maintenance. Compliance with these measures will result in
avoidance and/or minimization of adverse environmental impacts.
Mitigation Measures
This section contains a listing and description of mitigation measures recommended in Chapter 4
Environmental Analysis. The mitigation measures listed in this section are recommended by the
consultant team to avoid or reduce environmental impacts. As described above under Background, the
City is required to mitigate impacts whenever it is feasible. Mitigation measures will be adopted by the
City at the time of project approval. At that time, the City has the option of approving alternate
mitigation measures, if they can be shown to be effective and feasible.
Some of the mitigation measures will only be implemented during the final planning and detailed design
of the project. They often require the refinement of the final project design to accommodate particular
environmental constraints Other mitigation measures are intended to be implemented prior to, during,
and immediately following project construction. These measures generally require the construction
manager to follow certain constraints during construction and to repair and rehabilitate impacts resulting
from construction of the project. Finally, there are mitigation measures to be implemented during
operation of the project. These measures generally require monitoring of operations over time and the
modification of those operations to reduce adverse enviromnental impacts. Compliance with all of these
measures would result in the reduction of adverse enviromnental impacts.
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PETALUMA WATER RECYCLING EXPANSION PROGRAM
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Project and Mitigation Measure Format
Table 3 -1 explains the format of the measures.
TABLE 3 -1
Mitigation Measure Format
XX -X Mitigation Measure Title
This is the number and title of the mitigation measure. This is the only portion of the
measure that is presented in Chapter 4 Environmental Analysis. In Chapter 4 the mitigation
number and title are cited after the analysis discussion of each impact.
Brief description.of the Mitigation Measure.
Alternatives: The alternatives for which this measure is recommended.
Implementing Agency: The agency or individual that has the responsibility for
implementing or performing the measure.
Timing: Start: The appropriate time at which the measure is to be implemented.
Complete: The appropriate time at which the measure is to be complete.
Monitoring Agency: The public agency that has the responsibility for monitoring to insure
that the mitigation measure is effective in mitigating the impact.
Validation: The means by which the monitoring agency will verify that the measure has
been carried out.
Mitigation Monitoring Status Reporting
The City shall compile a Mitigation Monitoring Status Report on an annual basis when any of the
following conditions occur: construction; revegetation or compensatory habitat creation during the five -
year monitoring period; first year of operation. The report shall contain the following:
• Mitigation Monitoring Checklist to provide the status of every mitigation measure;
• List of completed mitigation measures;
• List of non - compliance incidences, with action taken or required;
• Evaluation of the effectiveness of the mitigation measures;
• Recommendations to improve mitigation effectiveness; and
• Required modifications to the Mitigation and Monitoring Program to comply with legislation and
policies adopted in the previous year (e.g. newly listed threatened species).
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PETALUMA WATER RECYCLING EXPANSION PROGRAM
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COMPLIANCE WITH EXISTING PROGRAMS
This section presents the applicable federal, state, regional, county, and local policies and regulations with
which the Project may need to comply.
Federal
Archaeological and Historic Data Preservation Act of 1974
Federal Water Pollution Control Act of 1972, as amended by the Clean Water Act of 1977; Section 404
Code of Federal Regulations, Title 40 Parts 6, 51, and 93
Federal Antiquities Act of 1906
Federal Clean Air Act of 1970, amended 1977 and 1990
Federal Endangered Species Act of 1973, as amended
Mining Law of 1872, amended 1988
National Historic Preservation Act of 1966, Sections 106 and 110
National Natural Landmarks Program, Historic Sites Act of 1935
Rivers and Harbors Act of 1899, Section 10
Surface Mining Control and Reclamation Act of 1977
State
California Environmental Quality Act
California Endangered Species Act
California Clean Air Act
California Occupational Safety and Health Administration (Cal -OSHA)
California Department of Fish and Game Code Section 1602
California Department of Fish and Game Wildlife/Hardwood Management Guidelines (Revised 1994)
California Division of Safety of Dams Regulations
California Health and Safety Code, Section 25500 et seq. - Hazardous Materials Release Response Plans
and Inventory
California Department of Transportation requirements for encroachment permits for work conducted on
State highways
Native Plant Protection Act (Fish and Game Code Section 1900 -1913)
Public Resources Code, Sections 5097.5 and 30244
Public Resources Code, Sections 5020 -5024 (California Register of Historic Places)
Public Resources Code, Section 6301 et seq.
Public Resources Code, Section 6501 et seq.
Title 8, California Code of Regulations, Section 1539 - 1541.1 - Excavations
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PETALUMA WATER RECYCLING EXPANSION PROGRAM
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Title 8, California Code of Regulations, Sections 1539 - 1541.1 - Excavations
Title 8, California Code of Regulations, Sections 1509 & 3203 - Injury and Illness Prevention Program
Title 8, California Code of Regulations, Sections 1597 - 1599 - Vehicles, Traffic Control, Flaggers,
Barricades, and Warning Signs
Title 8, California Code of Regulations, Section 5194 - Hazard Communication
Title 22, California Code of Regulations, Section 60301 et seq. - Reclaimed Water
Title 22, California Code of Regulations, Section 66260.1 et seq. - California Hazardous Waste
Regulations
Regional
Bay Area Clean Air Plan
Bay Area Air Quality Management District Risk Management Policy
Bay Area Air Quality Management District Rules and Regulations
San Francisco Regional Water Quality Control Board Basin Plan
Sonoma County
Sonoma County Aggregate Resource Management Plan
Sonoma County General Plan
Sonoma County Tree Ordinance (No. 4014)
Sonoma County Vineyard Erosion and Sediment Control Ordinance (N. 5216)
Sonoma County Zoning Ordinance
Sonoma County Building Codes
City of Petaluma
Building and Grading Regulations
Petaluma General Plan
Petaluma Zoning Ordinance
Petaluma Water Conservation Ordinance
Rules and Regulations for Recycled Water Customers
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PETALUMA WATER RECYCLING EXPANSION PROGRAM
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MEASURES INCLUDED IN THE PROJECT.
This section presents a listing and description of measures and standards that have been incorporated into
the Project Description.
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PETALUMA WATER RECYCLING EXPANSION PROGRAM
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PD -1 Site and Design Facilities to Achieve Compatible Land Use
The City of Petaluma shall attempt to achieve compatibility with the City's and County's General Plan,
zoning code, and other regulations, to the extent feasible. The City shall site facilities to avoid creating
land use conflicts due to incompatibility with adjacent uses or loss of natural or scenic resources, to the
extent feasible. The City shall design facilities to achieve compatibility with neighborhood character, to
the extent feasible.
Implementing Agency: City of Petaluma Water Resources and Conservation Department
Timing: Start: At onset of project design.
Complete: Prior to the begimling of construction.
Monitoring Agency: City of Petaluma
Validation: Report that 90% design plans conform with measure.
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PETALUMA WATER RECYCLING EXPANSION PROGRAM
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PD -2 Revegetate Temporarily Disturbed Sites
The City shall revegetate sites disturbed or scarred by construction activities. Revegetation of disturbed
sites should occur prior to the start of the rainy season. The Revegetation Program shall include the
following:
Streams and other Waters of the U.S.
• Restore original contours and drainage patterns.
• Prior to erosive weather events, implement stream bank stabilization measures such as
placement of willow wattles at woody crossings and covering disturbed stream banks
with a biodegradable fiber (jute) cloth, coconut fiber rolls, or another similar erosion
control fabric.
• If the disturbed or scarred site is in a riparian area, collect native seed stock or cuttings
near the stream crossing (taking into consideration microclimate and time of year for
propagation) to use for hydroseeding.
• Avoid use of soil amendments such as lime or fertilizers.
• Spread a cover of straw, rice straw if available, over disturbed soils and work into soil.
• Apply an organically based tackifier on disturbed areas to reduce air and water erosion of
soils.
Upland Non -Urban Sites
• Restore pre - project topographic features. In those cases where full restoration is not
possible, graded contours shall be rounded to emulate the natural landforms of the
adjacent area.
• Use drought - tolerant native plant species.
• Collect seed material of woody and herbaceous plants from the construction corridor
and /or adjacent undisturbed vegetation during a suitable season for each group of plants.
Use potted plant materials to replace woody vegetation (i.e., trees and shrubs).
• Apply dried seed material collected as specified earlier evenly to the finish- graded topsoil
surface.
Urban Sites
• Restore pre - project topographic features. In those cases where filll restoration is not
possible, graded contours shall be rounded to emulate the natural landforms of the
adjacent area.
• Use species comparable to those removed from the disturbed area or use native, drought
resistant species, if possible.
Topsoil
The first six inches of topsoil shall be stripped from areas to be occupied by structures, and areas
to be excavated, graded, or filled. The stripped topsoil shall be stockpiled on -site, in designated
areas and not mixed with other soils. Topsoil shall be stockpiled free from vegetation, trash,
large stones, and other extraneous materials, to the extent possible. Stockpiled topsoil shall be
protected from disturbance, rainfall, and erosion until it can be placed as final grade or otherwise
reused.
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PETALUMA WATER RECYCLING EXPANSION PROGRAM
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Planting Density and Survival Rate
A survey shall be conducted to identify plant types and locations prior to the start of construction.
Plants shall be installed, maintained, and replaced such that 120 percent of the original plant
density is present on the five -year anniversary of plant installation.
Monitoring
Plant survival shall be monitored and summarized in an annual report. Annual reports shall
include recommendations to be implemented to remediate the previous year's failures including
replacement planting.
Implementing Agency: City of Petaluma, Construction Manager
Timing: Start: Prior to Final Completion.
Complete: Revegetation will be completed before completion of
construction. Monitoring will continue annually for five years (if
reseeding only than monitoring will occur the first year after application
only).
Monitoring Agency: City of Petaluma
Validation: Prepare annual reports on success beginning with end of first growing
season following construction. Conduct field monitoring on yearly basis
for five years. Revegetate annually to meet success criteria (120 %) if
success criteria not being met.
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PETALUMA WATER RECYCLING EXPANSION PROGRAM
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PD -3 Storm Water Pollution Prevention and Mitigation Plans
Storm Water Pollution Prevention Plan (SWPPP)
The City shall prepare a site - specific SWPPP, as applicable, for each construction area, and if special
measures are necessary for a site, these measures shall be incorporated into the Plan. The Plan shall
include but is not limited to the following elements:
• Pollutant sources and construction implementation schedule.
• Type of construction allowed during the rainy season.
• General site and good housekeeping best management practices.
• Erosion and sediment control best management practices.
• Method of protection for new cut and fill slopes and soil stockpiles upon completion of
permanent or temporary winter slopes.
• Diversion of runoff away from construction areas that have been denuded or otherwise
disturbed.
• Retention of sediment on -site by the use of silt fences, hay bales, sedimentation basins, or
other structures.
• Monitoring, inspection and maintenance schedule for erosion and sediment control
facilities.
• Reduction of cut and fill along streams through the use of steepened side slopes, retaining
walls and extended culverts.
• Cutting vegetation off at ground level, leaving existing root systems intact.
• Implement BMPs as needed to prevent increases in downstream runoff volume.
• Post - construction storm water management plan.
• Install of silt fencing or other erosion control material around culvert inlets along pipeline
routes.
Standard Urban Storm Water Mitigation Plan (SUSMP)
The City shall comply with the SUSMP requirements for any applicable project components located
within the County SUSMP boundary. The City shall prepare a Preliminary Storm Water Mitigation
Plan, a Final Storm Water Mitigation Plan, and a Written Certification of Best Management Practices
(BMPs) installation in accordance with SUSMP requirements. The Plans shall include the following
elements:
Preliminary Storm Water Mitigation Plan
• Project description
• Impervious surface and proximity worksheets
• Estimated pre- and post - development runoff calculations
• Identified pollutants of concern
• Types of BMPs selected to mitigate pollutants
• Types of BMPs selected to limit channel- forming discharges
• Preliminary treatment control BMP sizing
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PETALUMA WATER RECYCLING EXPANSION PROGRAM
MITIGATION MONITORING PROGRAM
• Waiver documents, if any
• Responsibility for BMP maintenance
• Location and conceptual design of BMPs on project drawings
Final Storm Water Mitigation Plan
• Detailed hydraulic calculations identifying the sizing criteria for each storm water
treatment control BMP based upon the anticipated flow and /or volume.
• Maintenance plan, including maintenance assurances and funding mechanism.
• Plan view of the project showing all storm water related source and treatment control
BMPs. The plan view may be included as part of the grading plan, site plan, other related
plan, or on a separate plan sheet, included in the public improvement plans or building
permit application.
• Construction details for each source and treatment control BMP.
Written Certification of BMPs Installation
After the BMPs have been installed, the project designer shall prepare and sign a written certification
that the BMPs were installed as intended by the designer, or for manufactured BMPs, as
recommended by the manufacturer. The written certification of BMP installation must be received by
the County before acceptance of public improvements for BMPs located within the public right -of-
way or public easements.
Implementing Agency: City of Petaluma, Construction Manager, Design Engineer
Timing: Start: During the Project design phase.
Complete: At the end of construction.
Monitoring Agency: City of Petaluma, Construction Manager
Validation: The City will monitor compliance with the Plans throughout
construction.
City of Petaluma Page 99 December 7, 2095
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PETALUMA WATER RECYCLING EXPANSION PROGRAM
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PD -4 Slope Stabilization
The City of Petaluma shall utilize a licensed geotechnical engineer and, when appropriate, a structural
engineer to conduct construction -level geotechnical investigation for facilities. If the geotechnical
investigations identify hazards due to unstable slopes or actively eroding soils, the engineer shall identify
slope stability risk areas and provide engineering design and construction recommendations to stabilize
slopes and soft or unstable soils.
Implementing Agency: City of Petaluma, Design Engineer
Timing: Start: At onset of project design.
Complete: Prior to the beginning of construction.
Monitoring Agency: City of Petaluma
Validation: Report that 90% design plans conform with measure.
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PETALUMA WATER RECYCLING EXPANSION PROGRAM
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PD -5 Reduce Risk of Damage due to Liquefaction
Where facilities must be sited in areas with high liquefaction potential, as mapped by California Division
of Mines and Geology, the City shall utilize a registered geotechnical engineer to conduct a detailed,
facility - specific, soil analysis in areas.
If the geotechnical investigations identify hazards due to liquefaction, the engineer shall identify risk
areas and provide engineering design and construction recommendations to minimize damage.
Implementing Agency: City of Petaluma, Design Engineer
Timing: Start: At onset of project design.
Complete: Upon completion of construction.
Monitoring Agency: City of Petaluma
Validation: Report that 90% plans conform with measure.
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PD -6 Standard Engineering Methods for Expansive Soils
The City shall utilize a qualified soil scientist or engineer to conduct a detailed, facility- specific soil
survey and determine which facilities require shrink swell prevention measures. The survey shall record
soil type and soil properties (including shrink swell characteristics). Where the detailed pre - design soil
analysis has identified the presence of expansive soils, the City shall implement standard geotechnical
practices to substantially lessen or avoid potential impacts from expansive soils. Measures could include
the following standard methods:
• Removal of native soil and replacement with an engineered fill material not prone to shrinking
and swelling;
• Soil stabilization, such as lime treatment to alter soil properties to reduce shrink -swell potential to
an acceptable level; or
• Deepening footings or other support structures in the expansive soil to a depth where soil
moisture fluctuation is minimized.
Implementing Agency: City of Petaluma, Design Engineer
Timing: Start: At onset of project design.
Complete: Upon completion of construction.
Monitoring Agency: City of Petaluma
Validation: Report that 90% design plans conform with measure.
City of Petaluma Page 14 December 7, 2015
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PD -7 Standard Engineering Methods for Corrosive Soils
The City shall utilize a qualified soil scientist or engineer to conduct a detailed, facility- specific soil
survey and determine which facilities require corrosion prevention measures. The survey shall record soil
type and soil properties (including pH, salinity, chloride, and active sulfides).
The City shall design pipelines that traverse highly corrosive soils with non - corrodible materials or shall
implement other effective corrosion avoidance and /or protection methods.
Implementing Agency: City of Petaluma, Design Engineer
Timing: Start: At onset of project design.
Complete: Upon completion of construction.
Monitoring Agency: City of Petaluma
Validation: Report that 90% design plans conform with measure.
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PD -8 Seismic Design to Resist Ground Shaking
The City of Petaluma shall reduce the risk of damage to facilities from strong ground shaking to the
extent feasible. All project facilities sites are located in strong ground shaking areas due to the proximity
of the San Andreas and Rogers Creek faults.
Construction of all facilities and earth embankments shall incorporate earthquake- resistant design and
materials that meet or exceed the current seismic engineering standards of the Uniform Building Code
Seismic Zone 4 requirements. To decrease the amount of damage or period of interruption that may occur
during a seismic event, the City of Petaluma may elect to increase the performance objective for a given
facility beyond the code adopted minimums depending on the additional costs that may be incurred and
site specific design considerations that may be required.
Building codes are not intended to be applicable to some types of pipelines, pump station equipment that
are not enclosed, and other types of non - building structures. However, there are generally accepted
"consensus" standards that can be applied in a similar manner to adopted building code performance
objectives. For all non - building structures, "consensus" standards will be used, when available, to set
minimum performance objectives that allow for changes to occur to a pipeline or equipment during a
seismic event but damage to be minimal.
Again, the City of Petaluma may choose to raise the performance objective for a given non - building
element beyond the "consensus" standard or minimum recommendation by the structural engineer, design
specifications to decrease the amount of damage or period of interruption, depending on additional costs
and require site specific design considerations.
Implementing Agency: City of Petaluma, Design Engineer
Timing: Start: At onset of project design.
Complete: Upon completion of construction.
Monitoring Agency: City of Petaluma
Validation: Report that 90% design plans conform with measure.
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PD -9 Construction Management Program
The City of Petaluma shall manage construction to avoid or minimize potential impacts to public health
and safety, to the extent feasible. The City shall develop and implement a Construction Management
Program (Program), which may include the following measures:
• Excavations shall be guarded by readily visible barricades, rails or other effective means to avoid
access by the public.
• Local police, public works and fire departments for each jurisdiction (city, county and state)
where construction is expected to occur, shall receive advance notification of construction
activities. Local residents and businesses shall also be notified and access shall be maintained if
possible.
• Remove and clear away dry, combustible vegetation from construction sites in those areas that
contain substantial forest fire risks and hazards, or are very high fire hazard severity zones as
defined by California Division of Forestry and Fire Protection. Grass and other vegetation less
than 18 inches in height above the ground may be maintained where necessary to stabilize the soil
and prevent erosion. Vehicles shall not park in areas where exhaust systems contact combustible
materials. Fire extinguishers shall be available on the construction site when working in high fire
hazard areas to assist in quickly extinguishing any small fires. The Construction Manager shall
have on site the phone number for the local fire department(s) and shall have a phone available
when working in high fire hazard areas should additional fire fighting capabilities be required.
• Prior to construction, retain a Registered Environmental Assessor (REA) to perform a Hazardous
Material Project Assessment following portions of the American Society of Testing Materials
(ASTM) guidelines along pipeline corridors and near other project facilities to identify potential
hazardous waste sites that may affect construction activities. If hazardous waste sites are
discovered, during construction the City shall survey all pipeline alignments for contaminated soil
and /or groundwater, recording the location, extent, and type of contamination.
• In the vicinity of hazardous materials /waste release sites, construction activities related that
require excavation or exposure of soil or groundwater shall be monitored by the contractor for
subsurface contamination. The City shall notify responsible agencies if any hazardous
materials /wastes are encountered. Monitoring shall include, at minimum, visual observation by
personnel with appropriate hazardous materials training, including 40 hours of Hazardous Waste
Operations and Emergency Response (HAZWOPER) training.
• In the vicinity of hazardous materials /waste release sites, groundwater brought to the surface as a
result of construction dewatering shall be handled in a manner appropriate to the construction
related permits for dewatering. If contamination is suspected or noted during the construction
phase, then the groundwater shall be containerized and analyzed for contamination by a
laboratory, certified by the California Environmental Protection Agency (CaIEPA) Environmental
Laboratory Accreditation Program (ELAP), using United States Environmental Protection
Agency (USEPA)- approved analytical methods. Where contaminated groundwater is
encountered, precautions shall be taken to assure that the installation of piping or other
construction activities do not further disperse contamination.
• All potentially contaminated materials encountered during construction shall be evaluated in the
context of applicable local, state and federal regulations and /or guidelines governing hazardous
waste. All materials deemed to be hazardous shall be remediated and /or disposed of in
accordance with the most recent edition of applicable federal, state, and local regulations,
standards, laws, ordinances and codes including, but not limited to, those applicable to worker
and public safety, training, licensing and certifications, compliance notifications, abatement,
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waste sampling, transportation, and disposal. Where conflicts occur, the most stringent
requirements shall be adhered to. All evaluation, remediation, treatment, and /or disposal of
hazardous waste shall be supervised and documented by qualified hazardous waste personnel.
Implementing Agency: City of Petaluma, Design Engineer
City of Petaluma, Construction Manager
Timing: Start: At onset of design.
Complete: At the completion of the construction phase.
Monitoring Agency: City of Petaluma, Construction Manager
Validation: Report that 90% plans conform with measure.
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PD -10 Mosquito Prevention Program (applicable to the Program -Level Improvements only)
The City of Petaluma shall develop a Mosquito Prevention Program to ensure that the new secondary
open reservoir facility is designed in a manner that minimizes favorable conditions for the development of
potential mosquito habitat as described in the California Department of Health Services and the
Marin/Sonoma Mosquito Abatement District's Criteria for Mosquito Prevention in Wastewater
Reclamation or Disposal Projects. The criteria identify three general principles of mosquito control: (1)
the manipulation of the physical features of the impoundment, (2) biological control, and (3) chemical
control. Specific measures may include:
• Water bodies may be of any shape but shall not have small coves or irregularities around the
perimeter.
• Side slopes shall be as steep as feasible, without jeopardizing slope stability.
• Water bodies shall have an access ramp constructed on an inside slope for launching a small boat
to conduct midge sampling and control.
• A maintenance program for weeds and erosion control on the inner slopes of the water body.
• Biological controls shall be used, such as stocking the reservoir with mosquito fish (Gambusia
affinis).
• Irrigation sites shall not have water ponding.
Implementing Agency: City of Petaluma, Design Engineer
City of Petaluma, Recycled Water Monitor
Timing: Start: The Program shall be developed during the design phase. The
City shall begin monitoring during construction of the reservoir for
conformance to physical features. The City shall monitor application
sites monthly. The City shall respond to recommendations of the
Marin/Sonoma Mosquito and Vector Control District when concerns are
raised.
Complete: Throughout the life of the Project.
Monitoring Agency: City of Petaluma, Marin/Sonoma Mosquito and Vector
Control District
Validation: Report that 90% plans conform with measure.
Monitoring reports indicate if water is ponding.
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PD -11 Standard Traffic Control Procedures
The City of Petaluma shall adopt standard traffic control measures to minimize traffic congestion, traffic
hazards, and damage to roads to the extent feasible. Construction flagging and signage, use of plates, and
other safety measures shall be in conformance with the "California Manual on Uniform Traffic Control
Devices" (California MUTCD). Other measures shall include:
Encroachment Permits
• Obtain all necessary Encroachment and Transportation Permits from the appropriate
agencies. The City of Petaluma shall consult with the County of Sonoma Department of
Transportation and Public Works (DTPW), Caltrans, and other affected agencies
regarding site - specific details of construction prior to the preliminary design stage.
Emergency Response, Transit and School Bus Routes
• If temporary lane or road closures are required, the City shall contact emergency response
(hospitals, police, fire, and ambulance), transit, and school bus providers and inventory
the locations of their primary routes that may be affected by the construction.
• Where construction necessitates lane or road closures along emergency response routes,
the City shall recommend and obtain approval of alternate routes or other means from the
affected service providers, at a minimum of one week prior to construction.
• During construction, the City shall notify the service providers on a weekly basis of the
timing, location, and duration of construction activities.
Lane and Road Closures
Consistent with construction requirements, the minimum number of through traffic lanes
shall be closed and the duration of such closures shall be minimized. Where construction
requires closure of the road, temporary bypass roads may be built within the construction
right -of -way allowing temporary access.
Where temporary road closure is necessary, a temporary road closure plan shall be
developed by the construction manager and submitted to, and approved by, the Traffic
Engineer of the affected jurisdiction. The temporary road closure plan shall include
alternate detour routing and notification of local fire and police departments and
emergency service, transit and school bus providers.
Pipelines crossing major freeways shall utilize tunneling methods so as not to disrupt the
flow of traffic and commerce.
Access to Businesses and Residences
• The City shall provide public facilities, businesses, and residences within 500 feet of the
construction zone with a notification packet that describes the construction activities
scheduled for their neighborhood.
• The City shall maintain pedestrian and vehicular access to public facilities, businesses,
and residences along the route during commute hours, and shall minimize the closure of
pedestrian and vehicular access at other times. Peak commute hours are between 7:00
AM and 9:00 AM in the morning and 4:00 PM and 6:00 PM in the evening.
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Repair Road Damage
• Prior to construction, the City shall prepare a summary of baseline conditions for roads
scheduled to have construction on or adjacent to them. The survey shall identify road
name, length, and width; surface type and condition; and shoulder surface type and
condition.
• Within one year of completion of construction, roads damaged by construction traffic or
pipeline construction shall be restored to their former state as near as may be possible.
Park within Construction Easements
• The City shall establish construction staging areas. Construction worker vehicles,
construction equipment not in use, and stored materials shall be kept within the staging
area. Designated areas within the construction easements shall be designed to
accommodate all construction - related activity, and the designated areas shall be
maintained for parking throughout the duration of the construction.
Traffic Control Plans
• The City shall prepare a Traffic Control Plan for those portions of the project that are
within the Central Traffic District. The Plan would identify construction traffic routes,
time of travel and other provisions for lessening construction traffic impacts in the central
traffic district.
Coordination of Construction Schedules
• The City shall coordinate construction schedules with the County of Sonoma and other
City projects so as to minimize traffic congestion impacts to the extent feasible. For the
near -term improvements, construction at the intersection of East Washington Street and
Adobe Road would be phased with other projects proposed for that intersection.
Implementing Agency: City of Petaluma, Design Engineer
City of Petaluma, Construction Manager
Timing: Start: During design the contractor shall be constrained to meet these
criteria, during construction the construction manager will monitor
conformance with bid documents.
Complete: Implementation shall continue throughout construction.
Monitoring Agency: City of Petaluma, Construction Manager
Validation: The City shall comply with this measure prior to starting construction
near the affected roadway.
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PD -12 Avoidance of Airport Land Use Conflicts (applicable to the Near -Term Improvements
only)
The City of Petaluma shall notify the Federal Aviation Administration (FAA) of the proposed
construction of the water storage tank on lelmorini Drive in accordance with the procedures outlined in
F.A.R. Part 77, Subpart B and the California Public Utilities Code Sections 21658 and 21659. F.A.R.
Part 77, Subpart B requires filing an executed copy of FAA Form 7460 -1 (Notice of Proposed
Construction or Alteration). The form can be completed and submitted online at www.oeaaa.faa.gov.
The notice must be submitted at least 30 days before the earlier of the following dates:
• The date the proposed construction or alteration is to begin.
• The date an application for a construction permit is to be filed.
The City shall design facilities to achieve compatibility with FAA measures for safety of air navigation.
Implementing Agency: City of Petaluma, Design Engineer
Timing: Start: At onset of project design.
Complete: Prior to the project bidding.
Monitoring Agency: City of Petaluma
Validation: Report that 90% design plans conform with measure.
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PD -13 Minimize Temporary and Permanent Visual Impacts
The City shall avoid or substantially lessen impacts by reducing construction disturbance, relocating
facilities, or using design features to decrease visual contrast. Measures may include:
• The size of construction zones and staging areas may be the minimum operable size. The
location of such zones would be adjusted to minimize the visual impacts.
• Alignments and locations of facilities may be adjusted to avoid visually sensitive features and
conditions that would result in major landform alteration or mature landscape removal. Visually
sensitive features may include significant stands of oaks and other mature trees, visually
significant rock outcroppings, highly visible steep slopes, and highly visible roadside foreground
areas. Facilities may need to be sited away from visible ridgelines.
• On visual edges such as ridgelines, low profile design approaches for facilities, including above
ground pipelines, may be employed. Roads and pipelines may be designed to lie parallel to
existing terrain contours to minimize the visual contrast.
• Utilize local rock types for road and pad surfacing material to minimize color contrast between
engineered and natural land forms.
• Provide for painting the pump station, control buildings, noise barriers and accessory structures a
natural color, where applicable. Screening may also take the form of architectural remedies such
as designing a pump station to appear as a structure that would blend with the surrounding
neighborhood.
• If the pump station cannot be sited to avoid view obstruction from adjacent sensitive viewpoints,
it shall be partially set into the ground to reduce height and mass.
Implementing Agency: City of Petaluma, Design Engineer
Timing: Start: During design.
Complete: Prior to the beginning of construction.
Monitoring Agency: City of Petaluma
Validation: Report on 90% plans to confirm consistency with measure.
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PD -14 Adjust Facility Design to Avoid Wells and Septic Systems (modified after circulation
of the Draft EIR)
The City shall site facilities to avoid impacts to public or private wells or septic systems. Final design
shall be prepared in accordance with CCR Title 17 and Title 22 separation guidelines. One or more of the
following options shall be implemented, depending upon site - specific conditions:
Septic System and Reserve Areas
• Native, fine - grained, compacted soil or Controlled Low Strength Material (CLSM)t shall
be used as backfill around pipelines when constructing greater than 25 feet but less than
50 feet from a septic system or reserve area.
• CLSM shall be used as backfill around the pipeline when constructing between 15 and 24
feet from a septic system or reserve area.
• If closer than 15 feet but not through a septic system or reserve area, portions of
leachlines shall be relocated, if possible, in another portion of the property to obtain a
minimum setback of 15 feet from the pipeline. CLSM shall be used as backfill over the
pipeline (as referenced above).
• Construction of the pipeline through or below a leachfield shall be avoided whenever
feasible. If avoidance is infeasible, then the City shall contact the Sonoma County
PRMD Well and Septic Division, and shall incorporate the Division's recommendations.
• Relocation of septic system lines shall require a review and approval of plans by the
property owner and the Sonoma County PRMD Well and Septic Division prior to
leachline relocation. If leachlines that need to be relocated cannot be relocated due to
limited space or poor soil conditions, other mitigations shall be implemented on a case -
by -case basis by consulting with the Sonoma County PRMD Well and Septic Division
personnel and property owner.
Wells/Water Sources for Consumption
• Pipelines shall not be constructed closer than 20 feet from a well. In general, pipelines
shall be designed to be at least 25 feet from a well.
• In areas where pipelines must be constructed between 20 and 25 feet from a well, the
pipeline shall be steel encased.
• If the pipeline is to be constructed between 25 and 50 feet from a well, the pipeline shall
be encased with CLSM.
• The horizontal distance between pressurized potable water and recycled water lines shall
be at least 10 feet. Potable and recycled water lines shall not be installed in a common
trench.
• Where potable and recycled water lines cross, potable water lines shall be at least one
foot above recycled water lines.
• No irrigation with recycled water shall take place within 50 feet of any domestic water
well unless all of the following conditions have been met:
o A geological investigation demonstrates that an aquitard exists at the well between
the uppermost aquifer being drawn from and the ground surface.
1. Also known as controlled density fill
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o The well contains an annular seal that extends from the surface into the aquitard.
• The well is housed to prevent any recycled water spray from coming into contact
with the wellhead facilities.
• The ground surface immediately around the wellhead is contoured to allow surface
water to drain away from the well.
• The owner of the well approves of the elimination of the buffer zone requirement.
Monitoring Wells
• Pipeline trenches shall be set back a minimum of 5 feet from the center of a monitoring
well. A 3 -foot set back is permissible with approval of the San Francisco Bay Regional
Water Quality Control Board.
• Monitoring wells within the construction zone shall be clearly identified in the field prior
to construction.
Implementing Agency: City of Petaluma, Design Engineer
Timing: Start: During preliminary design.
Complete: Prior to the beginning of construction.
Monitoring Agency: City of Petaluma
Validation: Report that 90% design plans conform with measure.
City of Petaluma Page 25 December 7, 2015
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PD -15 Lighting Design
The City shall design lighting for the storage tank and pump station to utilize shielded, low- intensity light
sources. Locate light sources low and directed away from off -site viewers. Direct personnel to turn lights
on only when needed; do not operate exterior lighting continuously or automatically.
Implementing Agency: City of Petaluma, Design Engineer
Timing: Start: Certification of the EIR.
Complete: Throughout the life of the project.
Monitoring Agency: City of Petaluma
Validation: Specifications for each construction contract. The design of the lighting will
be verified during the review and certification of Final Engineering
Drawings. The City will check compliance with installation of the specified
lighting and controls during regular inspections of construction. The City
will monitor conformance with the operational criteria as part of regular
reviews of operation procedures. If graffiti becomes an issue, the City may
increase monitoring by adding lighting with motion sensors and cameras to
protect the assets further.
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PD -16 Implement BMPs for Controlling Runoff, Erosion, Agricultural Chemical Use, and
Water Waste
As a purveyor of recycled water, the City of Petaluma is required to ensure that all of the city's
recycled water users are aware of their responsibilities regarding the proper use of recycled water.
To ensure that users are informed of the proper use of recycled water, the City provides each recycled
water user with a copy of "Guidelines for Ree -ye e Watef Users "Rules and Regulations for Recycle d
Water Customers ". These guidelines rules are consistent with those promulgated by the Galifemi
State Water Resources Control Board, Division of Drinkin>;
Water to protect the health of the public and the employees of recycled water users.
The guidelines-rules for developing BN4Ps fef effleiefA iffiga4ton controlling runoff are located in the
"Rules and
Regulations for Recycled Water Customers ". See the City of Petaluma, Recycled Water System,
Notice of Intent (NOI) and the Water Reuse Program Technical Report and Engineering Report for
the Production, Distribution, and Use of Recycled Water (City of Petaluma August 2005).
The City shall meet the requirements of General Water Reuse Order 96 -011 authorizing municipal
wastewater reuse by producers, distributors, and users of non - potable recycled wastewater and
follow all provisions of the NOI. The City shall implement BMPs to prevent runoff, control erosion and
infiltration, reduce water waste, and reduce impacts of agricultural chemical application on properties
receiving recycled water for irrigation. The following measures, or alternative measures of equivalent
effectiveness to those listed in Order No. 96-011 (Refer to Appendix C of the Draft EIRthis ,1, u+ ° + +)
shall be implemented, depending upon their applicability to site - specific condition:
Rune
• n l' +' meth ad a . + shall eensisten4y be 1 - ++ a er-ep
• orirosteopAro1, applie ton fnethed a-ad rate shall eonsistent4y b°
°q„ ^1° r
pr-eteetion °a_
• 1frigation methods shall be suitable to the s4e.
Erosion
• Agricultural practices shall be designed to retain soil in place on the hillside, using methods
such as cover crops.
IYY%gatien -Fa GtiA
a trees or slffubs;
.1 iffg the aM and
r •_
General
• Prospective recycled water customers must submit to the Recycled Water Program an
Application for a Recycled Water Use Permit. For sites where recycled water is to be used
inside a building, a more formal Engineering Report must be filed. Upon receipt of the
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permit application, the City of Petaluma shall conduct a plan check to verify that all design
requirements are met. If not met, the City of Petaluma may require resubmittal of the missing
information and/or drawings. For retrofit sites, the City shall conduct a site inspection, and
notify the customer of any repairs or modifications required. Upon completion of
construction (or site modifications), the City of Petaluma shall conduct a final inspection to
verify that all design requirements have been met and a cross - connection test to verify that
there are no interconnections between the potable and recycled water systems. All final
conditions must be recorded on the site drawings. Final approval for service shall be
indicated by the City of Petaluma issuing a Recycled Water Permit. The Permit includes the
customer's signed permit application, along with a listing of site - specific requirements, if
any. The permit shall be the binding agreement between the City of Petaluma and the user.
Water Waste and Related Provisions
• A etistomer- shall net allow potable or- r-eeyeled w4er waste. Water waste is defifted as Wa
• The Dkeetef may issue a written warning to an),one who violates the water waste-prehibition,
• Consumers shall furnish, construct, install, own, operate, maintain and repair that portion of
the potable or recycled water system on the consumer's premises which begins at the
coupling on the consumer's side of the water meter. The City, as determined by the Director,
may require the consumer at his /her own expense to adjust, replace, repair, maintain or
discontinue the use of any potable or recycled water receiving or regulating equipment on the
consumer's side of the meter.
• Da*-erRecycled water service may be disconnected for the following reasons:
o If the owner, occupant or consumer fails to comply with any of the regulations; or
o For public health and /or safety reasons; or
• If the utility customer who has received notice of violation of the water waste provisions
fails to correct the conditions which caused the violation with 15 days, or other
reasonable time as determined by the Director; or
• For breach of the Recycled Water Use Permit as defined in the Recycled Water
Regulations.
Urban oec— Gled WaterRules and Regulations
• Re ,elect Water- UUer's Guide, The City shall at all times have a "Guideline for R,,,,yelea
Water Rules and Regulations for Recycled Water Customers" . The purpose of the
n i ,r Water Use f's Guide is to detail the requirements of the following rules and
regulations as they apply to the City recycled water system: the adopted Mitigation
Monitoring Program; the California Code of Regulations Title 22; other state and local
rules and regulations related to the use of recycled water as they may be adopted or
changed from time to time. Pursuant to the Reeyeled Water Use -r'° r ""lie—rules and
regulations, each user site is inspected annually, new sites are inspected on installation,
and regular contact with the City is required. New site inspections shall include: the site
being installed per approved plans; appropriate signage, identification and markings for the
recycled water system; mandatory cross - connection test; and mandatory irrigation
coverage test to insure no runoff or overspray.
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Recycled Water Use Permit. The City shall issue to each recycled water customer a Recycled
Water Use Permit for each site, which grants permission to use recycled water and requires
the customer to use recycled water in accordance with the rules, regulations and standards of
the Recycled Water User's Guide and all applicable state and local rules and regulations.
Designation of Site Supervisor. Each customer shall designate a Site Supervisor for each site
covered by a Recycled Water Use Permit. The Site Supervisor must serve as a liaison with
the City, and must have the authority to carry out the requirements of the Recycled Water
User's Guide and Recycled Water Use Permit, including the operations and maintenance of
the on -site recycled water system and prevention of potential hazards. In accordance with the
Recycled Water User's Guide, the site supervisor is responsible for regular system
monitoring and an annual self - inspection report, operating the irrigation system to prevent
runoff, overspray, and control of off -site drift. The site supervisor must be available to the
City 24 hours a day in case of emergency.
Operation and maintenance of customer equipment. Each customer shall operate and
maintain the on -site recycled water system in accordance with the Recycled Water User's
Guide and Recycled Water Use Permit. Notwithstanding compliance with this section, the
City reserves the right to take any action necessary with respect to the operation of the
customer's recycled water system to safeguard public health.
Entry upon customer's premises. As a condition of recycled water service for new customers
and as a condition of continued recycled water service for existing customers, the customer
shall permit the City to enter upon the customer's property during the City's normal working
hours, or in case of emergency at any time, to inspect the customer's on -site recycled water
system for compliance with the provisions of this chapter.
Enforcement of recycled water use rules and regulations. Violations related to the use of
recycled water shall be subject to notices, penalties, fines, and termination of service. It shall
be the policy of the City of Petaluma to remedy a violation as soon as possible through a
progressive enforcement policy that affords the user due process and carefully considers the
seriousness of the violation before determining the appropriate enforcement actions(s).
Implementing Agency: City of Petaluma
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Timing: Start: Prior to the delivery of recycled water to any parcel.
Complete: When the landowner no longer utilizes recycled water.
Monitoring Agency: City of Petaluma
Validation: Monitoring Reports (user and City)
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PD -17 Frac -Out and Undercrossing Contingency Plan (applicable to the Program -Level
Improvements only)
The City shall develop and follow procedures to prevent the bentonite mix from being discharged into the
Petaluma River and streams when installing pipelines using microtunnel or horizontal directional drilling.
The plan will address how the contractor would manage pressures and the volume of lubricant used to
prevent frac -out.
The plan shall also address procedures to follow in the event a frac -out occurs. Drilling activities shall be
visually monitored for any sign of lubricant frac -out and should frac -out occur, the contractor shall
complete the following:
• Stop pumping lubrication.
• Locate the point and cause of the frac -out.
• Contain the spill to the maximum extent possible.
• Clean up the spill to the maximum extent possible.
• Wait at least two hours before pumping lubrication near the frac -out point to allow the ground to
seal.
• Reduce pumping pressure and volume in the area of the frac -out.
• Notify all designated authorities that a frac -out occurred, including but not limited to the
California Department of Fish and Game.
Implementing Agency: City of Petaluma, Design Engineer, front end requirements
Timing: Start: Before and during construction under the Petaluma River or other
streams or creeks where microtunnel or horizontal directional drilling
construction methods are used.
Complete: At the completion of construction.
Monitoring Agency: City of Petaluma, Construction Manager
Validation: The City of Petaluma shall monitor compliance on a schedule consistent
with the intensity of construction and the presence of creeks.
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PD -18 Protect Creeks from Toxic Discharge
During construction, the City of Petaluma shall follow pertinent paragraphs of the Caltrans Manual,
California Standard Specifications ( Caltrans 1992), Section 7 -1.01G which begins, "The contractor will
exercise every reasonable precaution to protect streams from pollution with fuels, oils, bitumens, calcium
chloride, and other harmful materials." Measures shall include:
• Construction byproducts and pollutants such as oil, cement, and washwater shall be prevented
from discharging into streams and shall be collected and transported to a landfill authorized to
accept hazardous wastes.
• No construction vehicles or equipment may be parked within the upland riparian corridor of any
stream channel.
• Mobile equipment shall not be refueled or serviced within the riparian corridor.
• Construction material storage areas containing hazardous or potentially toxic materials shall be
bermed to prevent the discharge of pollutants to runoff water. These materials shall be stored
under cover.
• Utilize good housekeeping practices, safer alternative products where feasible, and employee
training programs to prevent or reduce the discharge of pollutants to runoff water from
construction activities.
• Construction vehicles and equipment shall be maintained to prevent contamination of soil (from
leaking hydraulic fluid, fuel, oil, and grease). Any restrictions on lubricants shall not include
lubricants used for tunnel construction which will be permanently encased or isolated from the
stream after construction is complete.
• Concrete washout areas shall be designated. Wash -out of concrete vehicles and equipment shall
be restricted to designated areas only.
Implementing Agency: City of Petaluma, Design Engineer
Timing: Start: At the start of construction.
Complete: At the completion of construction.
Monitoring Agency: City of Petaluma, Construction Manager
Validation: The City of Petaluma shall monitor compliance on a schedule consistent
with the intensity of construction and the presence of creeks.
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PD -19 Construction Noise Control (applicable to the Program -Level Improvements only)
The City shall implement noise control measures which could include the following as applicable:
• Newer equipment with improved noise muffling shall be used. Equipment items shall have the
manufacturers' recommended noise abatement measures, such as mufflers, engine covers, and
engine vibration isolators intact and operational.
• Construction equipment shall be inspected weekly to ensure proper maintenance and presence of
applicable noise control devices (e.g., mufflers, shrouding, etc.).
• Where possible, hydraulic tools shall be used instead of pneumatic impact tools.
• Sensitive noise receptors shall be specifically identified and notified in advance to keep windows
and doors closed during peak construction activity. Sensitive noise receptors shall be notified
when blasting will be conducted and instructed as to actions necessary to reduce noise impacts.
• Heavy truck trips shall be routed over streets that will cause the least noise disturbance to
residences or businesses in the vicinity of the Project site, when feasible.
• Construction staging areas, maintenance yards, and other construction - oriented operations shall
be avoided, if possible, within 500 feet of a sensitive receptor.
Implementing Agency: City of Petaluma, Design Engineer
Timing: Start: At onset of project design.
Complete: Prior to the beginning of construction.
Monitoring Agency: City of Petaluma, Construction Manager
Validation: Report that 90% design plans conform with measure.
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PD -20 Air Quality Protection
The City shall implement air quality protection measures recommended by the BAAQMD to reduce
diesel particulate matter and PM2.5 from construction operations to ensure that short-term health impacts
to nearby sensitive receptors are avoided.
• Water all active construction grading areas at least twice daily and more often during windy
periods. Active areas adjacent to any residences should be kept damp at all times.
• Cover all hauling trucks or maintain at least two feet of freeboard.
• Pave, apply water at least twice daily, or apply (non- toxic) soil stabilizers on all unpaved access
roads, parking areas, and staging areas.
• Sweep daily (with water sweepers) all paved access roads, parking areas, and staging areas.
Sweep streets daily (with water sweepers) if visible soil material is deposited onto adjacent roads.
• Hydroseed or apply (non- toxic) soil stabilizers to inactive construction areas (i.e., previously -
graded areas that are inactive for 10 days or more).
• Enclose, cover, water twice daily, or apply (non- toxic) soil binders to exposed stockpiles.
• Limit traffic speeds on any unpaved roads to 15 mph.
• Replant vegetation in disturbed areas within 10 days after the completion of construction.
• Suspend construction activities that cause visible dust plumes that extend beyond the construction
site.
• Prohibit use of "dirty" equipment. Equipment with noticeably dirty emissions shall be prohibited
from operation at the site until proper maintenance has been performed to reduce the visible
emissions to acceptable levels. Opacity shall be used to measure "dirty" and as an indicator of
exhaust particulate emissions from off -road diesel powered equipment. The project shall ensure
that emissions from all construction diesel powered equipment used on the project site do not
exceed 40 percent opacity for more than three minutes in any one hour. Any equipment found to
exceed 40 percent opacity (or Ringelmann 2.0) shall be repaired immediately.
• Reduce combustion emissions during construction as required in the California Air Resources
Board Off -Road Diesel Rule. The "no idling" rule for in -use off -road diesel- fueled vehicles
limits idling for such vehicles to no more than five minutes. Signs shall be clearly posted at the
construction sites for the storage tank and reservoir indicating the idle times for construction-
related equipment shall be minimized and noting that no diesel equipment shall idle for more than
five minutes. Idling necessary to accomplish work for which a vehicle was designed (such as
operating a crane) are exempt from the rule (see rule for additional exemptions).
• Properly tune and maintain equipment in accordance with manufacturer specifications.
• Stage construction equipment away from any sensitive uses.
Implementing Agency: City of Petaluma, Design Engineer
Timing: Start: At onset of project design.
Complete: Prior to the beginning of construction.
Monitoring Agency: City of Petaluma, Construction Manager
Validation: Report that 90% design plans conform with measure.
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PD -21 Riparian and Sensitive Habitat Protection
The City shall minimize impacts to all riparian areas, oak woodlands, and drainages within 50 feet of any
construction area, construction staging area, or pipeline alignment. Silt fences or other fencing material
shall be installed around the perimeter of the construction boundaries when construction activities occur
within 50 feet of a wetland, riparian area, or drainage. The City shall install silt fencing or other erosion
control material around culvert inlets along pipeline routes to prevent sedimentation and other
construction debris from entering the culvert.
Implementing Agency: City of Petaluma, Design Engineer
Timing: Start: At onset of project design.
Complete: Install prior to the start of construction and maintain until
construction complete.
Monitoring Agency: City of Petaluma, Construction Manager
Validation: Report that 90% design plans conform with measure.
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PD -22 Fence Foundation Remnants (applicable to the Near -Term Improvements only)
The location of the foundation remnants identified in the Addendum Cultural Resources Study and
California Environmental Quality Act Evaluation for the Petaluma Water Recycling Expansion Project
shall be shown on construction plans and drawings. The construction contract(s) would specify that this
location is to be protected with exclusion fencing and not entered.
Implementing Agency: City of Petaluma, Design Engineer
Timing: Start: At onset of project design.
Complete: Install prior to the start of construction and maintain until
completion of construction on Ielmorini Road.
Monitoring Agency: City of Petaluma, Construction Manager
Validation: Report that 90% design plans conform with measure.
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MITIGATION MEASURES
This section contains mitigation measures to be implemented prior to, during, and immediately following
project construction. These measures generally require the construction manager to follow certain
constraints during construction and to repair and rehabilitate impacts resulting from construction of the
project. Compliance with these mitigation measures would result in minimizing, rectifying, or reducing
adverse environmental impacts.
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AG -1 Purchase Locally Grown or Inspected.Plants
The City of Petaluma shall designate that the purchase of all plants for landscape screening or riparian
restoration efforts shall be from locally grown stock or from a nursery that has an approved monitoring
program for the glassy- winged sharpshooter.
Implementing Agency: City of Petaluma, Design Engineer
Timing: Start: At onset of project design.
Complete: Prior to the start of landscaping or restoration.
Monitoring Agency: City of Petaluma, Construction Manager
Validation: Report that 90% design plans conform with measure.
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LU -1 Replacement of Open Space Easements (applicable to the Program -Level
Improvements only)
The City shall contribute funds to the Sonoma County Agricultural Preservation and Open Space District
to compensate for land acquired for a facility on the District's land. The City's monetary contribution
shall be equal to the open space and natural resource value of the land acquired for the facility. All
monies contributed by the City shall be utilized in accordance with the Sonoma County Open Space
Expenditure Plan.
Implementing Agency: City of Petaluma
Timing: Start: Upon certification of EIR.
Complete: Prior to the beginning of construction on any land with a
conservation easement.
Monitoring Agency: City of Petaluma, Construction Manager
Validation: A Memorandum of Agreement shall be signed between the City and the
District prior to the beginning of facility construction.
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HWQ -1 Pond Seepage (applicable to the Program -Level Improvements only)
When the open reservoir is sited, the City shall retain a qualified professional to perform a hydrogeologic
study of the site - specific conditions at the open reservoir to determine if seepage from the reservoir would
substantially impact water quality. If the study determines that seepage could have a substantial adverse
impact on groundwater or surface water quality, the reservoir shall be lined and /or facilities shall be
constructed to intercept the seepage and pump it back into the reservoir.
Implementing Agency: City of Petaluma, Design Engineer
Timing: Start: From onset of project design for the open reservoir.
Complete: Prior to the completion of construction.
Monitoring Agency: City of Petaluma, Construction Manager
Validation: Report that 90% design plans conform with measure.
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N0I -1 Pump Station Noise Control (applicable to the Program -Level Improvements only)
The City shall retain a qualified Noise Control Engineer to assist in the final design of the new pump
station. The Noise Control Engineer shall be responsible for designing the following possible noise
reduction measures that would reduce operational noise levels to meet City and County standards at
residential receptors.
• Enclose the pump station within a pump house.
• Locate the pump station away from existing residential land uses. Design of all facilities such that
all openings such as for ventilation and doors shall face away from the nearest sensitive receptors.
This provides an approximate 10 to 15 dBA noise reduction.
• Construct exterior doors for the facilities of metal assemblies that are weather stripped to form an
airtight seal when closed. Weather stripped steel doors provide approximately 3 to 5 dBA
additional noise reduction.
• Caulk the wall -roof intersection to be airtight and treat any ventilation openings in the roof.
• Additional noise controls may be necessary depending upon the final design (when known). The
Noise Control Engineer shall consider acoustical louvers, acoustically lined plenums, or other
treatments for quiet ventilation of the building.
Implementing Agency: City of Petaluma, Design Engineer
Timing: Start: During final design of the proposed Project.
Complete: At the completion of final design.
Monitoring Agency: City of Petaluma, Construction Manager
Validation: Report that 90% plans conform with measure.
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BI0-1a Avoid the Loss of Candidate, Sensitive, or Special Status Species and their
Habitat
The City of Petaluma shall, to the extent feasible, avoid take of state and federally listed or proposed
species, state candidates for listing, CNPS List 1B species, and occupied or critical habitat for these
animal species. If avoidance is not feasible, compensation shall be provided as described below.
Reconnaissance -level surveys shall be performed to determine whether the area potentially affected by
the project may contain habitat suitable for such species. If the area does not contain suitable habitat, this
shall be documented in a habitat assessment report and no further action is necessary. If the area does
contain suitable habitat, protocol -level surveys to determine presence or absence of target species shall be
conducted prior to construction wherever habitats for these species will be impacted. Protocol -level
surveys shall be conducted by qualified biologists familiar with the fauna and flora of Sonoma County.
All protocol -level surveys shall be coordinated with the appropriate responsible agencies, i.e., U.S. Fish
and Wildlife Service, National Marine Fisheries Service, and/or California Department of Fish and Game.
If target species are found to be absent from the project area, then the Project shall obtain concurrence
from the responsible agencies of that finding. No protocol -level surveys to determine presence or absence
or further mitigation for impacts to target species are necessary under this measure if the species is found
to be absent from the project area and if the responsible agencies concur with the finding. If federally -
listed target species are found to occur within the study area and cannot be avoided, then the City shall
obtain the appropriate authorization (a Biological Opinion or Section 10 permit) from the U.S. Fish and
Wildlife Service and /or National Marine Fisheries Service authorizing take of the federally - listed species
or its occupied or critical habitat. For state - listed species, the City shall obtain the appropriate
authorization (Section 2081) from the California Department of Fish and Game authorizing take of the
state - listed species or its occupied habitat. As part of this process, the Project shall submit a site - specific
mitigation and compensation program for the affected resource acceptable to U.S. Fish and Wildlife
Service, the National Marine Fisheries Service, or the California Department of Fish and Game, as
applicable. If a species is listed as endangered, rare, or threatened by the state or U.S., and either the
habitat or individuals are found to occur within the study area and cannot be avoided, compensatory
actions (examples of which are described below) shall be undertaken such that the number of individuals
is not reduced and the range of the species is not restricted.
Avoidance and compensatory measures which may be required for specific species are listed below:
California Clapper Rail
• Construction activity in occupied California Clapper Rail habitat may be limited to occur
outside the breeding season for this species during the time frame of September 1 through
January 15.
• A minimum 200 -foot buffer may be required to be clearly delineated around the
boundary of occupied California Clapper Rail habitat that is located adjacent to a
construction zone.
• Within occupied habitat, construction may be limited to the minimum width corridor
possible and not greater than 15 meter (50 feet) wide. The perimeter of the construction
corridors may need to be clearly delineated.
• Staging and materials storage areas may need to be located outside of occupied habitat
for California Clapper Rail.
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California Tiger Salamander
• The Project may need to avoid construction activities in all breeding ponds occupied by
California tiger salamanders.
• The Project may need to avoid construction activities in California tiger salamander
terrestrial habitat within 500 meters (1640 feet) of a known breeding pond. Between 500
meters and 2000 meters of a known breeding pond, construction or ground disturbing
activities may be limited to occur in suitable terrestrial habitats (i.e., annual grasslands or
oak savanna) that are contiguous to the known breeding pond unless the habitat is shown
to be unoccupied through protocol -level surveys.
• Construction activities in occupied habitat may need to be limited to the dry season (June
through October) when salamanders are not moving between terrestrial habitat and
aquatic breeding habitat.
• Compensation for impacts to California tiger salamander habitat may need to include
programs that address the various life stages of this species and would include purchase
of mitigation credits or creation of habitat equivalent to the loss of habitat value.
California Red - legged Frog
The Project may need to use tunneling methods to cross creeks occupied by California
red - legged frogs. If needed, bore pits may need to be located outside the riparian corridor
along occupied frog streams and no vegetation would be removed along the streambank.
All storage and staging area may need to be located outside of California red - legged frog
habitat.
Preconstruction surveys may need to be conducted in potential habitat areas by qualified
biologists at least two weeks before initiation of activities in California red- legged frog
habitat. If any life stage of the California red- legged frog is found within the project area,
the City would need to contact the U.S. Fish and Wildlife Service for permission to move
the animals or larvae. If movement of the animals is approved, a Service - approved
biologist may need to move the animals to an appropriate area within the same stream. A
Service - approved biologist may need to monitor all work within potential California red -
legged frog habitat.
• When work within a creek or pond occupied by California red - legged frogs cannot be
avoided, work may need to be completed between April 1 and November 1. The work
area may need to be limited to the minimum necessary to complete the project, and creek
crossings should not exceed 15 meters (50 feet) in width.
• Streams that are temporarily impacted by construction activities may require stream
contours to be returned to their original condition.
• If permanent impacts to California red - legged frog habitat (i.e., ponds and streams) occur,
they may need to be mitigated by creation of new habitat. Created ponds would have a
hydroperiod sufficient to allow completion of breeding and larval development but be
designed to dry completely by the fall to avoid colonization by predators. U.S. Fish and
Wildlife Service may establish a buffer up to 300 feet around red- legged frog habitat.
• Severely trimmed or removed riparian vegetation may need to be replaced.
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California Freshwater Shrimp
• The Project may need to use tunneling methods to cross creeks where the crossing
location is occupied by California freshwater shrimp. If required, bore pits may need to
be located outside the riparian corridor along occupied shrimp streams and no vegetation
would be removed along the streambank.
• Construction activities may need to be restricted to the dry season (low flow period) to
minimize transport of material from the project area downstream.
• Project areas that are adjacent to streams that provide habitat for California freshwater
shrimp may need to be surveyed prior to project activities (including removal of
streamside vegetation) to insure that California freshwater shrimp are not present within
the project area or downstream of the project area.
• Riparian vegetation that extends over or into the water or that has roots extending into the
water may need to be preserved in a stream occupied by California freshwater shrimp.
Riparian vegetation that does not provide cover or foraging areas for shrimp may be
trimmed or removed. The amount disturbed may need to be restricted to the minimum
necessary to complete the project. Severely trimmed or removed vegetation would be
replaced.
Steelhead (Central California Coastal ESU)
The Project may need to use tunneling methods to cross creeks with 1) surface flow at the
time of construction and 2) occupied at the time of construction by steelhead. If bore pits
are required, they may need to be located outside the riparian corridor along occupied
streams and no vegetation would be removed along the streambank.
Riparian vegetation that extends over or into the water or that has roots extending into the
water may need to be preserved in streams occupied by steelhead. Vegetation that does
not provide shade or shelter for this species may be trimmed or removed, subject to
measures stipulated in the Biological Opinion or Section 10 permit for this species. The
amount disturbed may need to be the minimum necessary to complete the project.
Severely trimmed or removed vegetation shall be replaced.
For Aquatic Species (California Tiger Salamander, California Red - legged Frog,
California Freshwater Shrimp, Steelhead)
Equipment maintenance and fueling areas for mobile equipment may need to be located
at least 30 meters (100 feet) away from the creek bank. Fueling would be behind a
containment barrier that would prevent any spilled or leaked fuel from running into the
creek. Servicing of mobile equipment may need to be limited to within designated areas
away from sensitive habitats. Motorized equipment used during construction or
demolition activities may need to be checked for oil, fuel, and coolant leaks prior to
initiating work. Any equipment found to be leaking fluids would not be used in or within
30 meters of aquatic habitat features to minimize the chances of contaminating the
habitat.
• An erosion control plan and emergency response and cleanup plan may need to be
prepared prior to beginning work adjacent to streams. The plan would detail the methods
to contain sediment runoff into the creek and to contain and cleanup spills of petroleum
products or other hazardous materials in the work area.
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Salt Marsh Harvest Mouse
• If permanent impacts to salt marsh harvest mouse habitat occur, they shall be mitigated
by creation of new habitat equivalent to the habitat value lost.
• Hand removal of salt marsh vegetation that the salt marsh harvest mouse relies upon may
be necessary to avoid take of this species.
• Installation of a barrier exclusion fence may be necessary to prevent salt marsh harvest
mice from entering the work area.
• The Project may need to use tunneling methods to cross underneath salt marsh harvest
mouse habitat.
Listed or CNPS List 1B Plants
• Listed or List 1B plants within the project footprint may need to be transplanted to a
mitigation site approved by the California Department of Fish and Game and U.S. Fish
and Wildlife Service. Seed from plants unavoidably impacted may need to be collected
and preserved for planting on an approved mitigation site.
• Where construction activities unavoidably affect a listed or List 1B plant species, corridor
widths may need to be limited to a maximum of 15 meters (50 feet).
• All storage and staging areas may need to be located outside listed or List 1B plant
habitat.
• Mitigation projects shall be monitored annually for five years using success criteria
developed in coordination with the California Department of Fish and Game and the U.S.
Fish and Wildlife Service.
Implementing Agency: City of Petaluma, Design Engineer
Timing: Start: Design measures — During design, reconnaissance missions shall
be done by environmental team members to include requirements for
species protection in the constraints section of the contract documents.
Construction measures — At the start of construction.
Complete: Construction measures — at completion of construction.
Monitoring — five years after construction.
Monitoring Agency: City of Petaluma, Construction Manager, Environmental Manager
Validation: Report that 90% plans conform with measure. Mitigation projects shall
be monitored annually for five years using success criteria developed in
coordination with the California Department of Fish and Game and the
U.S. Fish and Wildlife Service.
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1310-1b Rare, Threatened and Endangered Plant Protection Program
The City of Petaluma shall avoid loss of individuals of a CNPS List 2, 3, or 4 (sensitive) plant species, to
the extent feasible. If avoidance is infeasible, compensation shall be provided as described below.
Surveys for sensitive plant species shall be conducted by a qualified botanist during the bloom period. If
the impacts from a project to List 2, 3 or 4 plant species exceed 15% of the known occurrences or
populations in Sonoma County, then plants shall be relocated or compensatory mitigation shall occur.
Measures may include:
• Transplant plants within the permanent project footprint to a mitigation site. Seed from plants
unavoidably impacted shall also be collected and preserved for planting. The transplanted plants
or seeds should be reestablished on site if possible; otherwise, they shall be established on a
mitigation parcel. A monitoring plan shall be developed and implemented to document survival,
establish success criteria, and establish remedial actions.
• Replace sensitive plant populations permanently impacted by project activities. Develop and
implement a monitoring plan to document survival, establish success criteria, and establish
remedial actions.
• Limit corridor widths to a maximum of 15 meters (50 feet) through plant habitat.
• Mitigation projects shall be monitored annually for five years using success criteria developed in
coordination with the California Department of Fish and Game.
Implementing Agency: City of Petaluma, Design Engineer
Timing: Start: Design measures — During design reconnaissance missions shall
be done by environmental team members to include requirements for
species protection in the constraint section of the contract documents.
Construction measures — At the start of construction.
Complete: Construction measures — at completion of construction.
Monitoring — five years after construction.
Monitoring Agency: City of Petaluma, Construction Manager
Validation: Report that 90% plans conform to measure. Mitigation projects shall be
monitored annually for five years using success criteria developed in
coordination with the California Department of Fish and Game and the
U.S. Fish and Wildlife Service.
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BIO -2a Avoid Loss of Riparian Habitat or Other Sensitive Natural Communities (applicable
to the Program -Level Improvements only)
A qualified biologist shall conduct a census of all riparian woody vegetation from the top -of -bank and /or
drip -line of the tree or shrub canopy within the area permanently affected by the project. The census will
include identification of riparian tree and shrub species, counts of stems, and diameter at breast height for
those stems greater than 24- inches in diameter within the construction footprint. The City shall prepare a
Riparian Mitigation and Monitoring Plan to include a planting palette, a conceptual planting plan,
performance criteria, and procedures for maintenance and monitoring. The plan shall be written in
sufficient detail for a CDFG 1602 Streambed Alteration Agreement. Mitigation shall be on site, if
possible, at a ratio of 2:1, namely 2 acres of riparian forest for every acre impacted by construction.
Mitigation sites will be preserved in perpetuity.
Oak woodlands within the proposed construction corridors shall also be avoided to the extent practicable.
An arborist report shall be prepared for protected trees in accordance with the requirements of the local
ordinance that applies to the project (City of Petaluma or Sonoma County). If permanent impacts to
protected trees cannot be avoided, then the City shall develop a site - specific compensatory program that
complies with the local tree ordinances regarding mitigation ratio and approaches.
Implementing Agency: City of Petaluma
Timing: Start: Design measures — During design, reconnaissance shall be
performed by environmental team members to include requirements for
habitat restoration in the contract documents.
Construction measures — At the start of construction.
Complete: Construction measures — at completion of construction.
Monitoring — five years after construction.
Monitoring Agency: City of Petaluma, Construction Manager, Environmental Manager
Validation: Report that 90% plans conform with measure. Mitigation projects shall
be monitored annually for five years using success criteria developed in
coordination with the California Department of Fish and Game and the
U.S. Fish and Wildlife Service.
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BIO -2b Avoid Loss of Aquatic Habitat due to Open Reservoir (applicable to the Program -
Level Improvements only)
The City shall avoid loss of aquatic habitat below the hillside open reservoir, to the extent feasible.
Reconnaissance missions shall be conducted to site the reservoir, to the extent possible, at a location that
does not directly impact or change the flow of a nearby stream. Where permanent impacts to aquatic
habitat may occur, the City shall compensate for these impacts through the implementation of one or
more of the following measures:
• Natural streamflow may be diverted around each reservoir.
• New habitat suitable for the species affected may be created or existing, degraded habitat for the
species may be enhanced /restored.
Implementing Agency: City of Petaluma, Design Engineer
Timing: Start: Design measures — During design, reconnaissance mission shall
be done by environmental team with design engineer to select location
with the least impact to the environment.
Construction measures — At the start of construction.
Complete: Construction measures — at completion of construction.
Monitoring — five years after construction.
Monitoring Agency: City of Petaluma, Construction Manager
Validation: Report that 90% plans conform with measure. If mitigation projects are
necessary, they shall be monitored annually for five years using success
criteria developed in coordination with the California Department of Fish
and Game and the U.S. Fish and Wildlife Service.
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1310 -3 Avoid Fill and Other Impacts to Jurisdictional Waters and Wetlands (applicable to
the Program -Level Improvements only)
The City of Petaluma shall avoid permanent fill of jurisdictional waters and wetlands, to the extent
feasible. Preconstruction surveys shall identify waters and wetlands according to state and federal
regulations.
If fill cannot be avoided, the City shall compensate for these impacts by creation, restoration, or
preservation of wetlands and waters. The City shall prepare and implement a Waters and Wetlands
Mitigation Plan (Plan) acceptable to the Corps, the Regional Water Quality Board, and Department of
Fish and Game. The Plan shall be prepared by a biologist or horticulturalist with experience in native
plant community and habitat restoration. Measures may include the following as applicable to the
impacts and the project site:
• Removal of sediments and foreign materials deposited by construction activities from
jurisdictional waters.
• Restoration of disturbed waters, wetlands or stream gradients to original contour and hydrologic
condition.
• Bank stabilization prior to the onset of winter using straw, matting, wattles, or other suitable
means.
• Reestablishment of riparian woodland and stands of sensitive status wetland plant cover using
native seed stock, container plants, and /or cuttings collected from as close to the impact vicinity
as possible.
• Protection and conservation of topsoil within riparian woodland and stands of sensitive status
wetland plant cover.
• Creation of compensatory wetland acreage to mitigate permanent impacts. Compensatory
wetlands shall be in -kind, if practicable and, if feasible, compensatory waters or wetlands shall be
located within the same watershed as the impacted waters /wetlands. Mitigation efforts may be
consolidated in one or more compensatory waters /wetland mitigation projects. Out -of -kind
compensatory wetlands, if constructed, shall provide equal or greater wetland function and value
than impacted waters.
Implementing Agency: City of Petaluma
Timing: Start: At onset of design.
Complete: Construction measures — at completion of construction.
Monitoring — five years after construction.
Monitoring Agency: City of Petaluma, Construction Manager, Environmental Manager
Validation: Mitigation and revegetation success shall be monitored annually for five
years using success criteria developed in coordination with the California
Department of Fish and Game, appropriate Regional Water Quality
Control Board(s), and the U.S. Army Corps of Engineers.
City of Petaluma Page 49 December 7, 2015
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PETALUMA WATER RECYCLING EXPANSION PROGRAM
MITIGATION MONITORING PROGRAM
13I0-4a Native Wildlife Nursery Protection Program
A qualified biologist shall conduct pre- construction surveys of the project area at least two weeks prior to
initiation of construction activities to determine if any active raptor or migratory bird nests occur within
proposed construction corridor. A minimum 50 -foot fence barrier shall be erected around the nest site of
passerine (songbirds), 200 -foot for raptor nests, and 500 feet for rookeries and maintained until the young
have fledged and have left the nesting site.
During construction, a qualified biologist shall monitor each nest to evaluate potential nesting
disturbances caused by the construction activities. The monitor shall have the authority to stop
construction if it appears to be having a negative impact on the nesting birds. The monitor shall also
monitor the nest to determine when the young have fledged.
In addition, a qualified biologist shall survey pastoral and annual grasslands for dens of native mammals
including American badger. If active dens are identified consultation shall be initiated with CDFG and
their recommendation implemented.
Implementing Agency: City of Petaluma
Timing: Start: Design measures — During component design.
Construction measures — At the start of construction.
Complete: Construction measures — at completion of construction.
Monitoring Agency: City of Petaluma, Construction Manager
Validation: Birds monitored and protected during construction.
City of Petaluma Page 50 December 7, 2015
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PETALUMA WATER RECYCLING EXPANSION PROGRAM
MITIGATION MONITORING PROGRAM
13I0-4b Avoid Blocking Major Wildlife Migration or Travel .Corridors (applicable to the
Program -Level Improvements only)
The City of Petaluma shall avoid blocking major migration or travel corridors, to the extent feasible.
Preconstruction surveys conducted by a qualified biologist shall identify major migration routes and
travel corridors. Where impacts to migration or travel corridors cannot be avoided, the City shall
compensate for these impacts through the implementation of one or more of the following measures:
• Construction and maintenance activities may be timed to avoid seasonal migration or travel
routes.
• Mitigation efforts may provide an adequately sized, unobstructed corridor to natural open space
that also provides habitat for the target species. These corridors would allow movement between
the mitigation area and the occupied habitat.
• Culverts or underpasses in streams occupied by steelhead, may be designed according to
guidelines provided in CDFG's California Stream Habitat Restoration Manual.
Implementing Agency: City of Petaluma, Design Engineer
Timing: Start: At the beginning of design.
Complete: At completion of construction.
Monitoring Agency: City of Petaluma, Construction Manager
Validation: Report that 90% plans conform with measure.
Report identifying migration/travel corridors, if necessary.
City of Petaluma Page 51 December 7, 2015
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PETALUMA WATER RECYCLING EXPANSION PROGRAM
MITIGATION MONITORING PROGRAM
1310 -5 Avoid Permanent Impacts to Protected Trees (applicable to the Program -Level
Improvements only)
The City of Petaluma shall avoid permanent impacts to protected trees (as defined by local Tree
Ordinances or such regulations that are in effect at the time of start of construction), to the extent feasible.
If permanent impacts cannot be avoided, sensitive trees and plant communities shall be replaced or
restored. Measures may include:
• If permanent impacts to sensitive trees are found to occur in the project area and cannot be
avoided, then the City may develop a site - specific compensatory program for the affected
resource. The compensatory program must be acceptable to the appropriate agency.
• Trees larger than 6 inches in diameter may be subject to protection and compensation.
• Protected trees, their protected perimeters and whether they are to be retained or removed would
need to be clearly shown on all improvement plans.
• Before the start of any work on the site, trees designated for protection on the approved site plan
may need to be clearly delineated with a substantial barrier (steel posts and barbed wire or chain
link fencing) at the protected perimeter, or limits established during the permit process. The
delineation markers would remain in place for the duration of all work. A certified arborist may
be needed to inspect trees within or adjacent to project area prior to initiation of construction
activities.
• When it is necessary to limb trees, prune branches, or prune roots within the right -of -way, work
may need to be conducted by a certified arborist in accordance with accepted arboricultural
practices, including the pruning standards published by the California Department of Forestry
(Coast Region). This work would occur only as a means of protecting trees from damage or
removal
• Trees to be removed may need to be clearly marked. Where practicable, trees and shrubs would
be salvaged for replanting in temporarily disturbed areas. Where proposed facilities or
construction activities must encroach upon the protected perimeter of a protected tree, special
measures may be needed to avoid compaction and allow the roots to obtain oxygen, water, and
nutrients.
Implementing Agency: City of Petaluma
Timing: Start: Design measures — During component design.
Construction measures — At the start of construction.
Complete: Construction measures — at completion of construction. If a
compensatory program is implemented, then monitoring will commence
for five years after construction.
Monitoring Agency: City of Petaluma
Validation: Report that 90% plans conform with measure. Mitigation projects shall
be monitored annually for five years using success criteria developed by
the City.
City of Petaluma Page 52 December 7, 2095
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PETALUMA WATER RECYCLING EXPANSION PROGRAM
MITIGATION MONITORING PROGRAM
CR -1a Identify and Avoid or Minimize Impacts to Cultural Resources (applicable to the
Near -Term Improvements only)
The City of Petaluma shall avoid impacts to cultural resources, to the extent feasible. The treatment of
cultural resources to be affected by the Project shall be addressed under applicable cultural resource laws
and regulations. The following measures will be taken to address cultural resources in and around the
near -term improvements:
• In coordination with the State Water Resources Control Board (SWRCB), identify the Area of
Potential Effect (APE) for the Ielmorini/E. Washington Street improvements and the Browns
Lane improvements. Based on the APE and coordination with the SWRCB the following
additional tasks may be necessary:
• Conduct additional archaeological survey and either augment the existing Archeological Survey
Report or prepare a new expanded report based on the agency consultation;
• Evaluate the significance of any identified resources, in consultation with the State Historic
Preservation Officer (SHPO);
• Prepare a Finding of (No) Historic Properties Affected; or a Finding of Adverse Effect; and
• Develop and implement a Treatment Plan to resolve any identified adverse effects.
• Because of the possible presence of subsurface archeological resources in the vicinity of the
pipeline route, prior to the start of construction core samples shall be taken along a portion of the
Ielmorini pipeline route by a qualified archeologist. A Treatment Plan outlining the procedures to
be taken in the event archeological or cultural materials are found will be prepared prior to the
core samples being taken. The number and location of the core samples shall be determined in
coordination with representatives of the Sacred Sites Protection Committee of the Federated
Indians of Graton Rancheria, and SWRCB. Based on the results of the core samples, a
construction monitoring plan may be developed. The plan would identify when and where
construction monitoring would be necessary and the actions to be taken if archeological resources
are discovered.
Implementing Agency: City of Petaluma
Timing: Start: At onset of design.
Complete: Before and during project construction.
Monitoring Agency: City of Petaluma, Construction Manager.
Validation: Completion of mitigation as necessary.
City of Petaluma Page 53 December 7, 2015
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PETALUMA WATER RECYCLING EXPANSION PROGRAM
MITIGATION MONITORING PROGRAM
CR -1b Identify and Avoid or Minimize Impacts to Cultural Resources (applicable to the
Program -Level Improvements only)
The City of Petaluma shall avoid impacts to cultural resources, to the extent feasible. The treatment of
cultural resources to be affected by the Project shall be addressed under applicable cultural resource laws
and regulations. Consultation to address potential adverse effects to cultural resources may involve
interested parties, and any additional agencies which assert jurisdiction over the project.
A four -step process shall be implemented to address potential impacts and the requirements of the cultural
resource laws and regulations. Once the final Area of Potential Effects (APE) for the project is selected,
the first step will be identification of cultural resources within the APE. If cultural resources are
identified, the second step will require that these resources be evaluated under appropriate significance
criteria, in consultation with the State Historic Preservation Officer (SHPO), if necessary. If the resources
are significant, the third step will be to determine whether they will be adversely affected by the project.
The fourth step will involve avoidance or mitigation of any adverse effects to significant resources.
Measures to minimize impacts may include:
• Designing project actions to conform with the Secretary of the Interior's Standards for the
Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and
Reconstructing Historic Buildings;
• Adhering to the city's Historic Commercial District Design Guidelines;
• Conducting archaeological data recovery in accordance with a research design approved by the
relevant regulatory agencies;
• Consulting with regulatory agencies and associated communities to ensure the appropriate
treatment of any Traditional Cultural Properties which may be impacted by the project; and
• Monitoring culturally sensitive areas.
Implementing Agency: City of Petaluma
Timing: Start: At onset of design.
Complete: Before and during Project construction.
Monitoring Agency: City of Petaluma, Construction Manager.
Validation: Completion of mitigation as necessary.
City of Petaluma Page 54 December 7, 2015
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PETALUMA WATER RECYCLING EXPANSION PROGRAM
MITIGATION MONITORING PROGRAM
CR -2 Evaluation and Treatment of Paleontological Resources
If paleontological resources are encountered during project construction, all work within 25 feet of the
find shall be redirected and a qualified paleontologist contacted to evaluate the find and make
recommendations. If the fossils are not significant, no further protection is necessary. If such fossils are
found to be significant, they shall be avoided by construction activities. If the fossils cannot be feasibly
avoided, a mitigation strategy will be developed that conforms to the guidance provided by the Society
for Vertebrate Paleontology in Assessment and Mitigation of Adverse Impacts to Nonrenewable
Paleontologic Resources: Standard Guidelines (Conformable Impact Mitigation Guidelines Committee
1995). The mitigation strategy may include, but is not limited to, data recovery and analysis, preparation
of a data recovery report, accessioning recovered fossil material to an accredited paleontological
repository, and public outreach and interpretation.
Implementing Agency: City of Petaluma
Timing: Start: During construction.
Complete: Completion of construction.
Monitoring Agency: City of Petaluma, Construction Manager.
Validation: Completion of mitigation as necessary.
City of Petaluma Page 55 December 7, 2015
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PETALUMA WATER RECYCLING EXPANSION PROGRAM
MITIGATION MONITORING PROGRAM
VR -1 Landscape Screening
The City of Petaluma shall plant drought tolerant, non - invasive shrubs and/or trees at facilities as
appropriate to screen views from sensitive viewpoints (scenic vistas, designated local or State scenic
resources, high volume travelways, recreation use areas, or other public use area) and to reduce visual
contrast in off -site foreground views. All visible faces of reservoir berms shall be revegetated with
drought tolerant, non - invasive grasses and where appropriate natural groupings of shrubs shall be planted
adjacent to the dams or berms to reduce the visual contrast of the exposed face compared to the
surrounding landscape.
The area surrounding the exposed face of the storage tank shall be planted with oak trees. Spacing and
size of the landscape screening shall be as effective as the visual simulation in the Draft EIR.
Implementing Agency: City of Petaluma
Timing: Start: During project design and construction.
Complete: Prior to substantial completion of construction.
Monitoring Agency: City of Petaluma, Construction Manager
Validation: The City shall verify that landscaping is included in plans, and shall
monitor success of landscaping for five years after completing
construction of a facility.
City of Petaluma Page 56 December 7, 2095
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Attachment 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA
APPROVING THE FORM RECYCLED WATER SERVICE AGREEMENTS AND
ASSOCIATED EASEMENTS FOR THE PETALUMA RECYCLED WATER SYSTEM
AND AUTHORIZING THE CITY MANAGER TO EXECUTE RECYCLED WATER
SERVICE AGREEMENTS AND ACCEPT ASSOCIATED EASEMENTS
WHEREAS, the City of Petaluma General Plan 2025 recognizes the use of recycled
water as a potable water offset and to meet regulatory requirements for wastewater discharge; and
WHEREAS, on November 3, 2008, the City Council, by Resolution No. 2008 -206,
certified the Program Environmental Impact Report (EIR) for the Water Recycling Expansion
Program; and
WHEREAS, the City of Petaluma owns and operates the Ellis Creek Water Recycling
Facility pursuant to Petaluma Municipal Code Chapter 15.44- 15.76, Title 15 and other applicable
law; and,
WHEREAS, in order to provide recycled water to customers for irrigation and generate
revenue to support recycled water system operations, the City enters into service agreements to
serve properties both inside and outside City jurisdiction limits ( "Service Agreements "); and,
WHEREAS, the City desires to increase the number of properties both inside and outside
City jurisdiction limits that are served with recycled water; and
WHEREAS, on December 7, 2015, the City Council, by Resolution No. 2015 -XX,
certified Addendum No. 1 to the EIR for the Water Recycling Expansion Program; and
WHEREAS, some but not all of the future properties to be served require obtaining
property owner permission to allow for the use of private property to transport and deliver
recycled water; and
WHEREAS, the nature of improvements related to the transport and delivery of recycled
water that may be located on private property are permanent in nature, requiring easements from
properties on which the improvements would be located; and
WHEREAS, Section 46 of Article VII of the Petaluma City Charter requires that action
providing for acquisition of property be taken by ordinance of the City Council unless the
Council takes action pursuant to a general law of the State; and
WHEREAS, on December 7, 2015, the City Council adopted Ordinance No. XX,
authorizing the City Manager to execute Recycled Water Service Agreements and accept
associated easements necessary to provide recycled water; and
WHEREAS, Ordinance No. XX, provides that the City Council may approve form
agreements, which may require property owners to grant easements to the City for the purpose of
providing recycled water; and
76
WHEREAS, Council desires to provide for more efficient use of public resources,
promote fiscal efficiency, and provide necessary flexibility to manage the Water Recycling
Expansion Program to effectively meet the needs of recycled water users.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PETALUMA AS FOLLOWS:
Section 1. Findings:
a. The foregoing recitals are true and correct and incorporated by reference.
b. The form agreement attached hereto as Exhibit 1 is consistent with General Plan
Policies 8 -P -5, 8 -P -9, 8 -P -11, and the (EIR) for the Water Recycling Expansion
Program and its addendum because the agreement allows the City to expand recycled
water service to agricultural properties within the Petaluma region, thus generating
revenue to support recycled water system operations, reducing effluent discharges to
the Petaluma River, reducing demands on local groundwater and surface water
supplies, and improving regional water supply reliability.
Section 2. The City Council hereby approves the form agreement for recycled water service,
including the form of the easement to be accepted, attached hereto as Exhibit 1 and incorporated
by reference.
Section 3. The City Manager's authority to execute the form agreement, attached hereto as
Exhibit 1, is contingent upon Ordinance No. becoming effective.
77
Attachment 5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA ADDING
CHAPTER 15.90 TO TITLE 15 OF THE PETALUMA MUNICIPAL CODE,
AUTHORIZING, PURSUANT TO SECTION 46 OF ARTICLE VII OF THE CHARTER
OF THE CITY OF PETALUMA, THE APPROVAL OF RECYCLED WATER SERVICE
AGREEMENTS AND ASSOCIATED EASEMENTS FOR THE PETALUMA
RECYCLED WATER SYSTEM BY CITY COUNCIL RESOLUTION AND
AUTHORIZING THE CITY MANAGER TO EXECUTE RECYCLED WATER SERVICE
AGREEMENTS AND ACCEPT ASSOCIATED EASEMENTS
WHEREAS, the City of Petaluma General Plan 2025 recognizes the use of recycled
water as a potable water offset and to meet regulatory requirements for wastewater discharge; and
WHEREAS, on November 3, 2008, the City Council, by Resolution No. 2008 -206,
certified the Program Environmental Impact Report (EIR) for the Water Recycling Expansion
Program; and
WHEREAS, the City of Petaluma owns and operates the Ellis Creek Water Recycling
Facility pursuant to Petaluma Municipal Code Chapter 15.44 - 15.76, Title 15 and other applicable
law; and,
WHEREAS, in order to provide recycled water to customers for irrigation and generate
revenue to support recycled water system operations, the City enters into service agreements to
serve properties both inside and outside City jurisdiction limits ( "Service Agreements "); and,
WHEREAS, the City desires to increase the number of properties both inside and outside
City jurisdiction limits that are served with recycled water; and
WHEREAS, on December 7, 2015, the City Council, by Resolution No. 2015 -XX,
certified Addendum No. 1 to the EIR for the Water Recycling Expansion Program; and
WHEREAS, some but not all of the future properties to be served require obtaining
property owner permission to allow for the use of private property to transport and deliver
recycled water; and
WHEREAS, the nature of improvements related to the transport and delivery of recycled
water that may be located on private property are permanent in nature, requiring easements from
properties on which the improvements would be located; and
WHEREAS, Section 46 of Article VII of the Petaluma City Charter requires that action
providing for acquisition of property be taken by ordinance of the City Council unless the
Council takes action pursuant to a general law of the State; and
WHEREAS, Council desires to provide for more efficient use of public resources,
promote fiscal efficiency, and provide necessary flexibility to manage the Water Recycling
Expansion Program to effectively meet the needs of recycled water users.
78
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PETALUMA AS FOLLOWS:
Section 1. The foregoing recitals are true and correct and incorporated by reference.
Section 2. Chapter 15.90 Added. Chapter 15.90 is hereby added to Title 15 of the Petaluma
Municipal Code as follows:
CHAPTER 15.90 Recycled Water Agreements
15.90.100 Findings and Purpose.
Section 46 of Article VII of the Petaluma City Charter provides that action to
provide for acquisition of property be taken by ordinance unless the Council takes action
pursuant to a general law of the State. The large number of recycled water service
agreements for properties located outside the City boundaries, makes approval of
individual agreements and easements by ordinance impractical and costly in terms of staff
time and other public resources. Legislative authority for City Council approval of form
agreements and easements for recycled water, and for City Manager execution of recycled
water service agreements and easements using Council- approved form documents, is
intended to meet the requirements of Section 46, Article VII of the Petaluma City Charter,
provide for appropriate City Council oversight concerning the recycled water program,
provide for efficient use of public resources, promote fiscal efficiency, and provide
necessary flexibility to manage the Recycled Water Program to effectively meet the needs
of recycled water users and maximize recycled water services and generation of revenue
for recycled water.
15.90.200 Approval of Recycled Water Service Agreements and Easements by
Resolution.
In accordance with Section 46 of Article VII of the City of Petaluma Charter, the
City Council of the City of Petaluma may approve form agreements with associated form
easements for recycled water service by resolution.
15.90.300 Execution of Recycled Water Service Agreements and Easements by City
Manager.
The City Manager or his /her designee is authorized to execute, on behalf of the
City, recycled water service agreements and accept easements using forms that have been
approved by City Council resolution as long as such agreements and easements do not
differ materially from such approved forms.
Section 3. If any section, subsection, sentence, clause, phrase or word of this ordinance is for
any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent
jurisdiction or preempted by state legislation, such decision or legislation shall not affect the
validity of the remaining portions of this ordinance. The City Council of the City of Petaluma
hereby declares that it would have passed and adopted this ordinance and each and all provisions
thereof irrespective of the fact that any one or more of said provisions be declared
unconstitutional, unlawful or otherwise invalid.
79
Section 4. This ordinance shall become effective thirty (30) days after the date of its
adoption by the Petaluma City Council.
Section 5. Publication.
The City Clerk is hereby directed to post and /or publish this ordinance or a synopsis of
it for the period and in the manner required by the City Charter.
M
Attachment 6
Exhibit 1
AGREEMENT FOR THE PURCHASE AND USE OF RECYCLED WATER
THIS AGREEMENT ( "Agreement ") is made this day of , between the City
of Petaluma, a California municipal corporation ( "City, ") and ,
( "Purchaser ").
RECITALS
A. Purchaser owns and /or leases approximately
acres of real property in Sonoma
County, California, identified as Assessor's Parcel No. , located at
in Sonoma County ( "Property ").
B. City owns and operates a wastewater treatment and water recycling facility, ( "City
Facilities "), and collects, treats, and disposes wastewater produced within the City's
service area.
C. City Facilities produce tertiary treated recycled water ( "Recycled Water ") for irrigation
purposes. City produces such Recycled Water pursuant to Order No. 96 -011 ( "Order ") of
the California Regional Water Quality Control Board, San Francisco Bay Region
( "Board ").
D. City desires to sell and Purchaser desires to purchase and use Recycled Water from City to
irrigate a portion of the Property, subject to the terms of this Agreement.
E. Purchaser intends to irrigate approximately acres of land on the
Property with Recycled Water.
F. Transmission of Recycled Water to Property requires the permission of private property
owners to transmit the Recycled Water across certain private properties.
G. Pursuant to Section 46 of Article VII of the Petaluma City Charter, on December 7, 2015,
the City Council of the City of Petaluma ( "City Council ") adopted Ordinance No. ,
providing for City Council approval of form agreements for the City sale of Recycled
81
AGREEMENT FOR THE PURCHASE AND USE OF RECYCLED WATER
Water, which may require the Purchaser to obtain easements in favor of the City for the
purposes of transmitting Recycled Water, and authorizing the City Manager to execute said
form agreements on behalf of the City, by resolution.
H. This Agreement is consistent with the form agreement approved by the City Council via
Resolution No. 2015 -XX on December 7, 2015.
In consideration of the mutual agreements, terms and conditions contained in this Agreement, the
parties agree as follows.
1.0 RECITALS. The recitals above are incorporated into and made a part of this Agreement.
2.0 TERM. This Agreement shall become effective on the date first above written and shall
expire 10 years thereafter with the option of two 5 -year extensions based on mutual
agreement of the parties hereto, unless terminated earlier in accordance with section 18.0.
Purchaser and City hereby agree that any portion of this Agreement may be revised by
written amendment at any time by mutual agreement of the parties hereto.
4.0 PURCHASE PRICE.
(A) Recycled Water. For the term of this Agreement, the price to be paid by Purchaser
for Recycled Water delivered by City shall be established by resolution of the City
Council. Any rate adjustment established by the City Council will become effective
immediately, and will apply to the next and subsequent deliveries of Recycled Water until
further adjusted by the City Council. The current price established by the City Council for
Recycled Water is $ per billing unit ( gallons) pursuant to Resolution No.
adopted on , 20
(B) At least 10 days prior to proposed adjustments to purchase prices for City Recycled
Water, City shall give written notice to Purchaser of a hearing on the proposed
adjustments. However, failure of the City to give or the Purchaser to receive such notice
shall not invalidate any Recycled Water or water price- setting action of the City Council or
its effect under this Agreement.
5.0 CONNECTION FEE. Purchaser shall pay any and all costs to make the Recycled Water
connection including cost of system engineering, design, construction, installation of the
82
AGREEMENT FOR THE PURCHASE AND USE OF RECYCLED WATER
Recycled Water meter, tapping of the main, and other City expenses for connecting to the
City Recycled Water system based on the size of the meter needed to provide adequate
Recycled Water flow to meet requested demand at the time such connection is made. All
design and construction shall meet City Standards and be approved by the City Director of
Public Works and Utilities or his /her designee ( "Director "). Recycled Water connection
and capacity fees (i.e. impact fees) shall not apply.
6.0 METERING AND MEASUREMENT OF FLOWS. Purchaser agrees that the City shall
read the meter and record Recycled Water used at the location where Recycled Water is
delivered.
7.0 PAYMENT FOR RECYCLED WATER. City shall invoice Purchaser for the cost of
Recycled Water used by Purchaser on a monthly or bi- monthly basis based on meter
readings. Said invoices shall be due and paid within 30 days of the date of billing.
Delinquent invoices for Recycled Water and Recycled Water use pursuant to this
Agreement, in addition to the provisions of this Agreement, shall be subject to penalties,
enforcement and other requirements applicable to water service contained in Title 15 of the
Petaluma Municipal Code, as amended from time to time.
8.0 DELIVERY AND USE OF RECYCLED WATER.
(A) City Delivery. City agrees to deliver Recycled Water to Purchaser through a
Recycled Water meter approved and installed by the City on Purchaser's property. From
May 1 to October 31 the City operates the Recycled Water distribution system in a
continuous mode. From November 1 to April 30 the City operates the Recycled Water
distribution system as needed or as agreed upon by City and Purchaser.
(B) Minimum Annual Recycled Water Usage. Purchaser agrees to use and the City
agrees to deliver a minimum of acre -feet of Recycled Water annually, which shall be
referred to herein as the "Committed Volume." Failure to use the Committed Volume
will result in billing by the City for an amount of Recycled Water equal to the difference
between Purchaser's actual use and the Committed Volume, which billing shall be due and
payable so long as such failure by Purchaser to use the Committed Volume is not due to a
lack of or interruption in supply, failure of delivery systems or other limitations on
availability as described in Section 9.0 hereof; or is not due to early termination of this
N.
AGREEMENT FOR THE PURCHASE AND USE OF RECYCLED WATER
Agreement as described in Section 18.0 herein.
(C) Maximum Flow Rate. The maximum flow rate of Recycled Water the Purchaser is
permitted to use shall be gallons per minute. This rate may be adjusted upon mutual
consent of the Purchaser and the Director.
(D) Maximum Weekly Allocation. The maximum weekly volume of Recycled Water
the Purchaser is permitted to use each week shall not exceed acre -feet. A week is
defined as Sunday through Saturday. This amount may be adjusted upon mutual consent
of the Purchaser and the Director.
(E) Maximum Annual Allocation. The maximum annual volume of Recycled Water
the Purchaser is permitted to use during each calendar year shall not exceed acre -
feet, without mutual consent of the Purchaser and the Director.
(F) Irrigation Line and Irrigation Equipment. Purchaser's use of Recycled Water must
be in accordance with all of the following:
(1) Permits. Permits include of the following (a) the National Pollution
Discharge Elimination System (NPDES) permit, or successor permit,
establishing requirements for the discharge of City treated wastewater into
the Petaluma River, and (b) the General Water Reuse Order No. 96 -011, or
successor permit, establishing requirements for reuse of City Recycled
Water, as may be issued, modified or reissued by the Board or successor
governmental agency ( "Permits ").
(2) Connection to City Pipeline. Purchaser shall design, construct, purchase
and install the pipeline from the point of connection to the City's existing
Recycled Water distribution piping downstream of the City's meter (i.e.
Purchaser's responsibility begins at the outlet of the meter) including box,
approved Recycled Water meter, pipes, valves, pressure regulator and any
other appurtenances necessary to receive Recycled Water from the City's
pipeline. Location of connection to City's Recycled Water pipeline shall be
as approved by City and shall be in compliance with City Standards.
(3) Hose Bibs. No hose bibs shall be connected to Recycled Water pipeline,
including the Purchaser's Recycled Water service lines.
(4) Runoff. Purchaser's on -site irrigation system must be configured and
.,
AGREEMENT FOR THE PURCHASE AND USE OF RECYCLED WATER
operated to prevent runoff from leaving areas of the Property irrigated with
Recycled Water.
(5) Identification Tags. All meters, valves, blowoffs, and controllers shall be
identified using Recycled Water identification tags, T. Christy Enterprises
3150, or equal. Tags shall be weatherproof plastic, 3 -inch by 4 -inch, purple
in color with the words "RECYCLED WATER — DO NOT DRINK," or
similar printed on one side, and "AQUA IMPURA —NO TOMAR," on the
other side, or similar as approved by the Director.
(6) Plans. Purchaser shall prepare and submit plans for connection to City's
Recycled Water pipeline for portions owned and installed by Purchaser up
to the point of connection to the City's Recycled Water system (the outlet of
the Recycled Water meter). Director shall review plans and establish
conditions of approval.
(G) Water Pressure. It is estimated that the pressure of Recycled Water delivered by
City will be approximately psi. However, the City makes no guarantee concerning
the pressure of delivered Recycled Water. The City expressly disclaims any guarantee,
warranty or representation that the Recycled Water delivered by the City will conform to
any particular pressure requirements of Purchaser's facilities. Purchaser understands and
agrees that Purchaser must install pressure regulators, pumps, and any and all other
appurtenances or equipment necessary to produce and maintain necessary Recycled Water
pressure for Purchaser's system.
(H) Purchaser's Maintenance Responsibility. Purchaser shall operate, maintain and
repair all Recycled Water pipeline and appurtenances downstream (on the Purchaser's
side) of the City's Recycled Water meter connecting the City Facilities to the Purchaser's
irrigation system.
(I) City's Maintenance Responsibility. Subject to the terms of this Agreement, City
shall operate, maintain and repair City's Recycled Water facilities and pipelines up to and
including the Recycled Water meter installed by City connecting the City Facilities to the
Purchaser's irrigation system.
(J) On -Site Supervisor. Purchaser shall designate in writing an On -site Supervisor
who is responsible for the safe and efficient operation of the Purchaser's Recycled Water
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AGREEMENT FOR THE PURCHASE AND USE OF RECYCLED WATER
system. On -site Supervisor shall be knowledgeable about all facets of Purchaser's
irrigation system, including regulations, layout of the system, and maintenance. Purchaser
and On -Site Supervisor shall be trained and certification shall be provided by the Purchaser
to the City as to the qualifications and training of the on -site supervisor, to the satisfaction
of the Director.
9.0 CONDITIONS PRECEDENT AND LIMITATIONS ON DELIVERY OF RECYCLED
WATER.
(A) Easement. Prior to the delivery of Recycled Water to the Purchaser, at no cost to
the City, the Purchaser shall secure any and all easements in favor of the City, free and
clear of any encumbrances, except those accepted by the Director, in a form substantially
in accordance with Exhibit A attached hereto, as deemed necessary by the Director for City
installation, construction, operation, or maintenance of City's Recycled Water facilities
and pipelines and their respective appurtenances and for the transmission of Recycled
Water on, above, or through private property, whether owned by Purchaser or a third party.
City shall have no obligation to deliver Recycled Water until said easements, if any, have
been granted in favor of the City, delivered to the City, and recorded.
(B) Limitations. Notwithstanding any requirements in this Agreement for either party
to deliver or accept Recycled Water, the parties understand and agree that delivery or
acceptance of Recycled Water may at times be precluded, impracticable, or otherwise
prevented or infeasible for reasons beyond the reasonable control of either party. City will
not be obligated to provide and Purchaser will not be obligated to accept Recycled Water
when delivery or acceptance is prevented by a cause beyond either party's reasonable
control, including, but not limited to: acts of God, shortage of Recycled Water,
malfunction of either party's system, temporary imbalance of Recycled Water in the
various storage ponds comprising part of the City Facilities, changes in applicable
discharge or monitoring requirements, a determination by any regulatory agency that
Recycled Water is not suitable for the intended use, crop failure or other problem with the
crop or agricultural improvements related thereto which would reasonably preclude use of
Recycled Water, or a determination or allegation by a body of competent jurisdiction that
the use of Recycled Water pursuant to the Agreement is unlawful. The parties agree to
cooperate in good faith in case of an event that wholly or partly excuses delivery or use of
:.
AGREEMENT FOR THE PURCHASE AND USE OF RECYCLED WATER
Recycled Water pursuant to this provision to fulfill the purposes of this Agreement and to
restore delivery and use of Recycled Water as soon as reasonably practicable. City agrees
to use reasonable efforts to provide Purchaser with 24 hours advance notice of anticipated
interruptions in service due to construction, repairs or other causes within the City's
control.
(C) Allocation of Limited Supply of Recycled Water. Purchaser understands and
agrees pursuant to this provision 9.0 that City does not and cannot guarantee to Purchaser
uninterrupted supply or use of Recycled Water. In accordance with this Agreement, City
will use reasonable efforts to supply to Purchaser and Purchaser will use reasonable efforts
to use Recycled Water so that Purchaser can use at least the minimum required purchase
pursuant to provision 8.0(B) of this Agreement. In the event of a Recycled Water shortage
for any reason, City will use reasonable efforts to equitably distribute available Recycled
Water to users, including Purchaser, who have entered into Recycled Water purchase and
use agreements with City. Purchaser understands and agrees that in case of a Recycled
Water shortage, City may, in City's sole discretion, set a Recycled Water delivery schedule
and allocate available Recycled Water giving preference to users based on the seniority of
the user's agreement for purchase and use of Recycled Water with the City, based on the
volume of water required by the user, or by any other method. City- determined Recycled
Water delivery schedules and flow rates will govern availability to purchase Recycled
Water under this agreement. If Purchaser fails to comply with Recycled Water delivery
schedules in accordance with this section, the Delivery and Use of Recycled Water terms
of the agreement may be amended, or this agreement terminated. City may restrict
Purchaser's delivery hours to certain hours or days to accommodate Recycled Water
system demands. Purchaser may have to install Recycled Water storage facilities to ensure
that sufficient Recycled Water is available to Purchaser when needed or to utilize
maximum delivery amounts specified herein.
10.0 MONITORING. Purchaser will be solely responsible for managing and monitoring the
storage and distribution of Recycled Water under the control of Purchaser downstream or
on the Purchaser's side of the City irrigation meter. So long as this Agreement remains in
effect and as a condition of receiving Recycled Water pursuant to this Agreement,
Purchaser hereby grants City, acting through its duly authorized employees, agents and
HIM
AGREEMENT FOR THE PURCHASE AND USE OF RECYCLED WATER
representatives, reasonable access to the Property for the purpose of sampling, meter
reading, and observing as reasonably required, Purchaser's use of Recycled Water. City
will use reasonable efforts to provide Purchaser (or a representative) with reasonable prior
notice of any such observation on the Property and will allow Purchaser to be present
during any such access pursuant to this provision and will use reasonable efforts to avoid
interfering with Purchaser's operations on the Property.
11.0 PURCHASER OBLIGATIONS CONCERNING SUITABILITY OF RECYCLED WATER.
(A) RegulatorAgencies. City and Purchaser understand and agree that all Recycled
Water delivered to Purchaser pursuant to this Agreement shall be subject to the current and
future water recycling requirements established by the Permits and other applicable
requirements. City will make available to Purchaser upon request such test reports as are
periodically required of City by regulatory agencies to characterize the Recycled Water.
The results of these tests are maintained at the City's Department of Public Works and
Utilities.
(B) Recycled Water. Purchaser and City understand that Recycled Water delivered by
City may contain algae and other constituents which, if not removed, may adversely
impact Purchaser's irrigation or other equipment. It is Purchaser's responsibility to install
and operate equipment as necessary to remove constituents in Recycled Water delivered
pursuant to this Agreement that may impact Purchasers' irrigation or other equipment. It is
Purchaser's responsibility to properly manage and dispose of material removed from
Recycled Water by Purchaser's equipment.
(C) Suitability. Purchaser understands and agrees that Recycled Water delivered by City
is produced through treatment of wastewater. It is Purchaser's responsibility to determine
and confirm that quality of Recycled Water delivered by City is consistent with water
quality and other requirements that apply to Purchaser's use of Recycled Water, including,
but not limited to, the requirements of crops Purchaser intends to irrigate with Recycled
Water.
12.0 RECYCLED WATER APPLICATION RESTRICTIONS. Purchaser agrees as a material
term of this Agreement to use Recycled Water in compliance with all applicable laws,
ordinances, or regulations now in effect or hereafter enacted or adopted. Purchaser agrees
to notify City of known violations of laws and /or regulations, or damage to City irrigation
AGREEMENT FOR THE PURCHASE AND USE OF RECYCLED WATER
facilities or other property within 24 hours of discovery of such violation or damage.
Purchaser shall be solely responsible for the cost of repair for damage caused by Purchaser
or Purchaser's employees, agents, or contractors or others acting on behalf of or under
Purchaser's control arising from or related to use of Recycled Water pursuant to this
Agreement. If Purchaser does not comply with laws, ordinances, or regulations governing
the use of Recycled Water pursuant to this Agreement, in addition to and not in lieu of any
other remedies available to the City pursuant to this Agreement or applicable law, City
may immediately cease Recycled Water delivery pursuant to this Agreement and terminate
this Agreement and so notify Purchaser. In City's sole discretion, City may, but is not
required to, grant Purchaser a reasonable time within which to cure and correct any non-
compliance concerning use of Recycled Water pursuant to this Agreement. If City grants
Purchaser time within which to cure and correct any non - compliance concerning use of
Recycled Water, and Purchaser fails to cure such non - compliance within the specified
time, the City may in its sole discretion terminate this Agreement and so notify purchaser.
13.0 TRAINING. Purchaser is responsible for ensuring that Purchaser's Recycled Water
system maintenance, irrigation, management and operations staff and any others that may
come into contact with Recycled Water on the Property understand the presence of
Recycled Water on the Property, that Recycled Water is not for consumption purposes, and
the safe use of Recycled Water and operation of the Recycled Water system. On -Site
Supervisor shall be trained and certification shall be provided by the Purchaser to the City
as to the qualifications and training of the on -site supervisor, subject to acceptance and
approval of the City.
14.0 AGREEMENT NOT TRANSFERABLE. Neither City nor Purchaser shall assign,
subcontract or transfer any interest in the Agreement without the prior written consent of
the other, and any purported assignment, subcontract or transfer without such consent shall
be void. Any assignment, subcontract or transfer approved by City shall be subject to all
terms and conditions of this Agreement.
15.0 INDEMNIFICATION. To the maximum extent permitted by law, Purchaser agrees to, at
its own expense, protect, indemnify, defend with counsel acceptable to City (which
acceptance will not be unreasonably withheld) and hold harmless the City and its officers,
.e
AGREEMENT FOR THE PURCHASE AND USE OF RECYCLED WATER
officials, employees, agents, and volunteers from and against any and all alleged or actual
liability, loss, damage, claims, suits, actions, arbitration proceedings, administrative
proceedings, regulatory proceedings, civil penalties, fines, judgments, awards, costs and
expenses (including, without limitation, claims expenses, reasonable attorney's fees and
costs of litigation) of every nature, whether actual, alleged or threatened, arising out of or
relating to the use of Recycled Water pursuant to this Agreement or the breach of any
provision of this Agreement or the Order or the Permits by Purchaser or its directors,
officers, officials, agents, employees, volunteers or others acting on Purchaser's behalf or
under Purchaser's direction. Notwithstanding the foregoing, Purchaser's obligation to
protect, indemnify, defend and hold harmless pursuant to this provision shall not apply to
the City's sole negligence to comply with the requirements of the Order, the Permits, or
other applicable legal requirements. Purchaser's responsibility of such defense and
indemnity obligations shall survive the termination or completion of this Agreement for
the full period of time allowed by law. The defense and indemnification obligations of this
Agreement are undertaken to, and shall not in any way be limited by, the insurance
obligations contained in this Agreement.
16.0 METHOD AND PLACE OF GIVING NOTICE. Except as otherwise specified in this
Agreement, all notices sent pursuant to this Agreement shall be made in writing, and sent
to the Parties at their respective addresses specified below or to such other address as a
Party may designate by written notice delivered to the other Party in accordance with this
Section. All such notices shall be sent by:
(1) personal delivery, in which case notice is effective upon delivery;
(2) certified or registered mail, return receipt requested, in which case notice
shall be deemed delivered on receipt if delivery is confirmed by a return
receipt;
(3) nationally recognized overnight courier, with charges prepaid or charged to
the sender's account, in which case notice is effective on delivery if
delivery is confirmed by the delivery service; or
(4) facsimile or email transmission, in which case notice shall be deemed
delivered upon transmittal, provided that (a) a duplicate copy of the notice
is promptly delivered by first -class or certified mail or by overnight
.o
AGREEMENT FOR THE PURCHASE AND USE OF RECYCLED WATER
delivery, or (b) a transmission report is generated reflecting the accurate
transmission thereof. Any notice given by facsimile or email shall be
considered to have been received on the next business day if it is received
after 5:00 p.m. recipient's time or on a non - business day.
City: City Clerk
City of Petaluma
Post Office Box 61
Petaluma, California 94953
Telephone: (707)778 -4360
Facsimile: (707)778 -4554
Purchaser:
•.
Director of Public Works and Utilities
City of Petaluma
202 North McDowell Boulevard
Petaluma, California 94954
Telephone: (707)778 -4546
Facsimile: (707)778 -4508
Telephone:
Email:
Attn:
17.0 MISCELLANEOUS PROVISIONS.
(A) No Waiver of Breach. The waiver by either party of any breach of any term or
promise contained in this Agreement shall not be deemed to be a waiver of such term or
provision for any subsequent breach of the same or any other term or promise contained in
this Agreement.
(B) Uncertainty. This Agreement is the product of negotiation and compromise on the
part of both parties. The City and Purchaser agree, notwithstanding Civil Code Section
1654, that in the event of uncertainty, the language is not to be construed against the party
91
AGREEMENT FOR THE PURCHASE AND USE OF RECYCLED WATER
causing the uncertainty to exist.
(C) No Third Party Beneficiaries. Nothing contained in this Agreement shall be
construed to create and the parties do not intend to create any rights in third parties.
(D) Merger. This Agreement constitutes the entire Agreement between the City and
Purchaser.
18.0 TERMINATION. Except as expressly set forth herein, should one party breach any of the
terms or conditions of this Agreement, the non - breaching party may provide written notice
of such breach and the effective date of termination of this agreement to the other party. In
addition, and notwithstanding any term or provision of this Agreement, if (i) Purchaser at
any time determines that the Recycled Water is not suitable for intended use, or otherwise
damages, or has the potential to damage the Property or improvements thereon (including,
without limitation, any vineyards, vines, grapes or other crops), (ii) Purchaser is restricted
or prohibited from using such Recycled Water for intended use; or (iii) Purchaser has
secured an alternative source of water for the Property; then in any such event, Purchaser
shall have the right to terminate this Agreement, without fee, penalty or liability, upon
sixty (60) days written notice to the City.
19.0 INSURANCE. Purchaser shall, prior to this Agreement taking effect and throughout the
term of this Agreement, maintain and provide evidence of insurance as set forth in Exhibit
B, which is attached and made a part of this Agreement.
20.0 SPECIAL CONDITIONS. The following special conditions apply to this contract:
IN WITNESS WHEREOF, the parties hereto have executed this document the day, month and
year first above written.
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AGREEMENT FOR THE PURCHASE AND USE OF RECYCLED WATER
CITY OF PETALUMA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
APPROVED:
Director of Public Works & Utilities
3, 110
Risk Manager
APPROVED:
Finance Director
Attest:
City Clerk, City of Petaluma
PURCHASER
:1
Title
Address
City State Zip
Taxpayer I.D. Number
Petaluma Business Tax Receipt Number
93
AGREEMENT FOR THE PURCHASE AND USE OF RECYCLED WATER
Exhibit A
Sample Easement Deed
Distribution Easement (Rev. 01/11)
RECORDING REQUESTED BY AND RETURN TO:
CITY OF PETALUMA
11 English St.
Petaluma, CA 94952
Location: City/Uninc:
Recording Fee:
Document Transfer Tax $
[ ] This is a conveyance where the consideration and
Value is less than $100.00 (R &T 11911).
[ ] Computed on Full Value of Property Conveyed, or
[ ] Computed on Full Value Less Liens
& Encumbrances Remaining at Time of Sale
Signature of declarant or agent determining tax
SPACE ABOVE FOR RECORDER'S USE ONLY
EASEMENT DEED
, a , hereinafter called Grantor, hereby grants to the CITY OF
PETALUN/M, hereinafter called Grantee, the right from time to time construct, reconstruct, install, inspect,
maintain, replace, remove, and use facilities of the type hereinafter specified, together with a right of way
therefor, within the easement area as hereinafter set forth, and also ingress thereto and egress therefrom, to,
from, over, across, through, and beneath the lands of Grantor situate in the County of Sonoma, State of
California, described as follows:
(APN
The parcel of land described as , said portions being more particularly described as follows:
insert description
Excepting therefrom insert description.
The facilities may include such underground recycled water lines and all appurtenant facilities to transport recycled
water together with rights to perform excavation and earth moving to maintain recycled water line, located within
the parcels of land described in Exhibit "A" attached hereto and made a part of hereof.
Grantor further grants to Grantee the right, from time to time, to trim or to cut down any and all trees and brush
now or hereafter within said easement area, and shall have the further right, from time to time, to trim and cut
down trees and brush along each side of said easement area which now or hereafter in the opinion of the Grantee
may interfere with or be a hazard to the facilities installed hereunder, or as Grantee deems necessary to comply
with applicable state or federal regulations.
Grantor shall not erect or construct any buildings or other structure or drill or operate any well within said
easement area.
•,
AGREEMENT FOR THE PURCHASE AND USE OF RECYCLED WATER
Distribution Easement (Rev. 01111)
Grantor further grants to Grantee the right to assign to any public utility as defined in Section 216 of the
California Public Utilities Code the right to install, inspect, maintain, replace, remove and use communications
facilities within said easement area (including ingress thereto and egress therefrom).
The provisions hereof shall insure to the benefit of and bind the successors and assigns of the respective parties
hereto.
Dated:
95
AGREEMENT FOR THE PURCHASE AND USE OF RECYCLED WATER
Distribution Easement (Rev. 01/11)
State of California
County of
On before me,
Here insert name and title of the officer
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is /are subscribed to the within instrument and acknowledge to me that he /she /they executed the
same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
of the Notary Public
CAPACITY CLAINIE+D BY SIGNER
[ ] Individual(s) signing for oneself/themselves
[ ] Corporate Officer(s) of the above named corporation(s)
[ ] Trustee(s) of the above named Trust(s)
[ ]
Partner(s) of the above named Partnership(s)
[ ] Attomey(s) -in -Fact of the above named Principal(s)
[ ] Other
•.1
AGREEMENT FOR THE PURCHASE AND USE OF RECYCLED WATER
Exhibit B
Insurance Requirements
97