HomeMy WebLinkAboutStaff Report 3.D 01/04/2016Agenda Item #3.D
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DATE: January 4, 2016
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Dan j a .ASCE — Director, Public Works and Utilities
Leah Walker, P.E. — Environmental Services Manager
SUBJECT: Adoption (second reading) 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
RECOMMENDATION
It is recommended that the City Council adopt 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.
BACKGROUND
On December 7, 2015, the City Council unanimously approved the first reading 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. The item passed with a vote of 6 -0, with
Mayor Glass absent.
During the December 7, 2015 City Council meeting, Council approved the resolution certifying
addendum No. 1 to the Program Environmental Impact Report for the water recycling expansion
program certified by resolution No. 2008 -206 and 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
The proposed ordinance amendment, included as Attachment 1 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. 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."
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. Ordinance Adding Chapter 15.90 to Title 15 of the Petaluma Municipal Code, Authorizing
the Approval of Recycled Water Service Agreements and Associated Easements
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EFFECTIVE DATE
OF ORDINANCE
Introduced by
Attachment 1
ORDINANCE NO. N.C.S.
Seconded by
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 -188,
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
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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.
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.
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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.
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.
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