WHEREAS, staff recommends that fees for municipal recycled water be re-evaluated periodically by staff and approved by City Council; and WHEREAS, establishing service fees for municipal recycled water is not a project as defined by CEQA and is therefore not subject to CEQA review because it is financing the costs of ongoing operations of public facilities and it will not have a direct or reasonably foreseeable indirect impact on the environment, as authorized by CEQA guidelines sections 15273, 15301, and 15378.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Healdsburg hereby:
1. Establishes the initial municipal recycled water monthly meter fee of $371.90 per meter.
2. Establishes the initial municipal recycled water usage fee of $5.66 per hundred cubic feet of municipal recycled water used.
3. Authorizes the annual adjustment to the municipal recycled water fees based on the yearover-year change to the Engineering News Record 20-Cities Construction Cost Index for the month of January. Adjusted fees will be effective with the July utility usage.
4. Approve of the Municipal Recycled Water User Agreement and any non-substantive changes approved by the City Attorney and authorize the City Manager to execute individual user agreements on the City’s behalf.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Healdsburg, this 3rd day of September 2024, by the following vote:
AYES: Councilmembers: ( )
NOES: Councilmembers: ( )
ABSENT: Councilmembers: ( )
ABSTAINING: Councilmembers: ( )
SO ORDERED: ATTEST:
__________________________________ ____________________________________ David Hagele, Mayor Raina Allan, City Clerk
9.B.a
Packet Pg. 144 Attachment: Resolution (4538 : Municipal Recycled Water Rates)
MUNICIPAL RECYCLED WATER PROGRAM
AGREEMENT & PERMIT
CITY OF HEALDSBURG
UTILITY DEPTARTMENT
401 GROVE STREET
HEALDSBURG, CA 95448-4723
PHONE (707) 431-3346
OR (707) 431-3369
Visit us at healdsburg.gov
LANDSCAPE IRRIGATION APPLICATION
*****SECTION TO BE COMPLETED BY APPLICANT*****
USER INFORMATION:
User’s Name (individual): ______________________________________________________________ Name of Company: ___________________________________________________________________ Mailing Address: ____________________________________________________________________ City/State/ZIP Code: __________________________________________________________________ Office Phone: _________________________________________Fax: __________________________________ Primary Contact: _________________________________________ Title: __________________________________
Site Supervisor: _____________________________________________________________________________ Cell Phone or Other Phone: _______________________________________________ Email: _________________________________________________________________
9.B.b
Packet Pg. 145 Attachment: Municipal Recycled Water User Agreement - Final Draft (4538 : Municipal Recycled Water Rates)
MUNICIPAL RECYCLED WATER PROGRAM
AGREEMENT & PERMIT
AGREEMENT FOR THE USE OF RECYCLED WATER
This Agreement is made and entered into at Healdsburg, California, as of this ____ day of ____________, 20___, between the City of Healdsburg, a municipal corporation (City), and (User), and provides as follows:
RECITALS:
A. City owns and operates a water reclamation facility at 340 Foreman Lane in Healdsburg, Sonoma County, California, which is within the jurisdiction of the North Coast Region of the California Regional Water Quality Control Board ("Regional Board"). The City collects and treats wastewater generated within City’s service area, and either discharges treated wastewater to the Basalt Pond, or will recycle treated wastewater (“Recycled Water”) for landscape (e.g., turf, trees, ornamental plants) irrigation purposes.
B. User owns approximately acres of Irrigated Land in Sonoma County, California, more particularly described in Exhibit “A” attached hereto and incorporated herein by reference, which land has been improved with landscaping (the “Property”).
C. City intends to recycle treated wastewater as a means of reducing the amount of treated wastewater being discharged into the Basalt Pond.
D. City is authorized to discharge treated wastewater to authorized recycled water use sites, pursuant to State of California Water Resources Control Board General Waste Discharge Requirements for Recycled Water Use – Order WQ 2016-0068-DDWR1001 and California Recycling Criteria – CCR Title 22, Chapter 3, Article 7 Section 06323 adopted by the Regional Board on June 16, 2016, together with all attachments thereto (all collectively referred to as "the Order").
E. User desires to accept delivery of Recycled Water from City to be used and applied only in such ways as are specifically permitted pursuant to the Order, as modified and approved through this Agreement.
F. City agrees to delivery to User, and User agrees to accept from City, Recycled Water on the terms and conditions hereinafter set forth.
9.B.b
Packet Pg. 146 Attachment: Municipal Recycled Water User Agreement - Final Draft (4538 : Municipal Recycled Water Rates)
MUNICIPAL RECYCLED WATER PROGRAM
AGREEMENT & PERMIT
DEFINITIONS:
The following terms shall have the meanings described below:
Agreement means this Agreement for the Delivery and Use of Recycled Water.
Agronomic Rate means the hydraulic and nutrient loading reasonably necessary to satisfy the water uptake needs of the use area considering plant, soil, and climate demands.
Regional Board or "RWQCB" means the California Regional Water Quality Control Board, North Coast Region.
City means City of Healdsburg, a municipal corporation established pursuant to the laws of the State of California.
Delivery Quantity means those amounts so specified in the Agreement in Section 3.
Engineer means the City of Healdsburg’s City Engineer.
HCF means hundred cubic feet (one HCF = 748 gallons)
Meter Station means control valve and metering station located on User’s property and shall constitute the point of delivery. Meter Station(s) are depicted in Exhibit “A.” Irrigated Land or Land means property designated by User to be irrigated with Recycled Water in accordance with these Specifications and the Agreement.
Order means all the following: (a) State of California Water Resources Control Board General Waste Discharge Requirements for Recycled Water Use – Order WQ 2016-0068- DDW-R1001 and (b) California Recycling Criteria CCR Title 22, Chapter 3, Article 7 Section 06323, and (c) if separate: the Water Reclamation Permit, or successor permit, establishing requirements for reuse of Recycled Water, as may be issued, modified or reissued by the Regional Board or successor governmental entity.
Property means the parcels described in Exhibit A.
Recycled Water means water which, as a result of treatment of wastewater influent to Healdsburg’s wastewater treatment facility in accordance with the Order, is suitable for the direct beneficial uses allowable for Disinfected Tertiary Treated Wastewater as defined by Title 22, Division 4 of the California Code of Regulations, Section 60301.
User's Recycled Water System means the facilities and infrastructure installed by User to facilitate the delivery of Recycled Water from City to User.
9.B.b
Packet Pg. 147 Attachment: Municipal Recycled Water User Agreement - Final Draft (4538 : Municipal Recycled Water Rates)
MUNICIPAL RECYCLED WATER PROGRAM
AGREEMENT & PERMIT
User means the person or persons using Recycled Water provided by the City pursuant to the Agreement.
Water Reclamation Facility (or "WRF") means the City’s wastewater treatment plant located at 340 Foreman Lane, Healdsburg, CA.
9.B.b
Packet Pg. 148 Attachment: Municipal Recycled Water User Agreement - Final Draft (4538 : Municipal Recycled Water Rates)
MUNICIPAL RECYCLED WATER PROGRAM
AGREEMENT & PERMIT
AGREEMENT:
1. Term
A. This Agreement shall become effective on the date first above written and shall remain in effect for the 20__ irrigation season/delivery periods, unless otherwise terminated in accordance with Section 13, below.
B. The Parties understand and agree that, during the term of this Agreement, the City and Regional Board will be developing a long-term agreement or other instrument to enable User to apply Recycled Water to the Property in subsequent years. User understands and acknowledges that, even though the City and the Regional Board will make good-faith efforts to agree upon and enter into such a long-term agreement, nothing in this Agreement or any other document should be understood or construed as a guarantee or warranty that User may be able to apply Recycled Water to the Property after the conclusion of the 20__ irrigation season.
2. Quality of Recycled Water
A. The quality of the Recycled Water delivered pursuant to this Agreement shall substantially comply with the quality criteria established by the Order, although the Recycled Water’s quality may vary within those criteria. City shall test the Recycled Water as required in the Order to ensure that it substantially complies with the quality criteria set forth in the Order. The results of this testing program shall be available to User for its review upon request at any time during City’s normal business hours. The results of said tests shall be maintained at City’s WRF and may be reviewed or a copy obtained by User by telephoning City. An annual report of the test values shall be sent by mail to User in accordance with the reporting requirements established in the Order.
B. The City at its discretion may add chlorine to address odor and/or regrowth in the recycled water system. Chlorine dosage applied will not exceed 1 milligram per liter (mg/L). Recycled water at the Users connection is expected to be less than 1 mg/L. Users will be advised prior to the City adding chlorine.
3. Delivery Quantities, Rate and Pressure
A. As a participant in the recycled water program, the User estimates to take a volume of recycled water equivalent to approximately ____ inches per acre per week.
B. As described in Section 4 below, the City shall deliver Recycled Water at a maximum rate of _____ gallons per minute (gpm). Water delivery flow
9.B.b
Packet Pg. 149 Attachment: Municipal Recycled Water User Agreement - Final Draft (4538 : Municipal Recycled Water Rates)
MUNICIPAL RECYCLED WATER PROGRAM
AGREEMENT & PERMIT
rate and schedule may be subject coordination with the City to balance recycled water available as well as recycled water demands of other users.
Such Recycled Water shall be delivered to the User Meters and booster pumps at a pressure between approximately 30 to 50 pounds per square inch (psi). User agrees that User will put such water to reasonable and beneficial use in irrigating the Property. If desired by User, the City will in good faith attempt to provide User with quantities of Recycled Water in excess of the minimum quantity identified above, but the City makes no representation that such water will be available.
C. User represents and warrants that User will carefully monitor the application of Recycled Water on the Property and will only apply such water at the appropriate agronomic rate. In no case shall the total annual delivery of Recycled Water to User exceed the maximum rate of 34.68 inches/acre/year.
4. Delivery of Recycled Water
A. City will deliver the Recycled Water to User through a pipeline extension from City’s WRF to the Meter Station(s) on User’s Property shown on Exhibit “A”. City shall be responsible for the installation, operation, maintenance and repair of the pipeline transporting Recycled Water to the Meter Station(s), and for installation of the Meter Station(s).
B. User may also, by means of tanker trucks or other method reasonably acceptable to the City, haul Recycled Water from the City’s distribution points to the Property. Filling of tanker trucks or other conveyance at the City’s distribution points shall occur at the permitted hauler’s convenience, 24 hours/day, 7 days/week.
C. City will install a swivel connection or other appropriate connection to the User’s irrigation service. User shall be responsible for the modification of existing piping on User’s Property downstream of the connection point, if necessary. User shall be responsible for the operation, maintenance, or repair of said piping and appurtenances, including the swivel connection.
User shall, in the alternative, be responsible for the construction and operation of any facilities located on the Property that are needed to receive tanker truck or other deliveries of Recycled Water.
D. User shall be responsible for the installation, operation, maintenance, and repair of any piping, pumping facilities, and cross-connection devices for the use of raw or potable water on User’s Property. All such facilities are subject to inspection by either the City or the Regional Board to ensure the
9.B.b
Packet Pg. 150 Attachment: Municipal Recycled Water User Agreement - Final Draft (4538 : Municipal Recycled Water Rates)
MUNICIPAL RECYCLED WATER PROGRAM
AGREEMENT & PERMIT
protection of the public. In the event that either the City or the Regional Board determines that such facilities are not operating in a manner that fully protects the public and the groundwater, either the City or the Regional Board may order User to make any necessary
improvements/repairs to such facilities, at User’s sole cost.
5. Designation of Site Supervisor
A. User shall designate an individual as User’s Site Supervisor who shall be User’s coordinator and direct contact person between City and User. User agrees that the Site Supervisor shall be responsible for the proper operation of User's Recycled Water System, implementing the requirements of the Order and this Agreement relative to the onsite use of Recycled Water, monitoring of User’s Recycled Water System for prevention of potential hazards, and coordination with City and the regulatory agencies, when necessary. City shall assist in the training of User’s Site Supervisor. User shall notify City of the name, position and phone number of User’s Site Supervisor at least 30 days prior to startup of User’s Recycled Water System and shall promptly inform City of any change of designated Site Supervisor and/or contact information during the term of this Agreement.
B. The Site Supervisor shall be responsible for the avoidance of crossconnections during the installation, operation and maintenance of the User’s pipelines and equipment. The Site Supervisor shall attend a training course, conducted by the City, specific to Recycled Water use, the Order, and prevention of cross-connections.
C. The Site Supervisor shall communicate no less frequently than quarterly to inform the City of any system modifications, system irregularities, and to verify employee training. Unusual occurrences which cause or threaten to cause any violation of this Agreement shall be promptly communicated to the City.
6. Compliance with the Order
A. City and User shall comply with all provisions and requirements of the Order, as it may subsequently be amended. User acknowledges to City that User is aware that the water delivered pursuant to this Agreement is Recycled Water to be used for only specified and limited uses, as further described in Section 11, below. User has received a copy of the Order.
User is familiar with and understands all the provisions and requirements contained in the Order, and the Water Reclamation Requirements and
9.B.b
Packet Pg. 151 Attachment: Municipal Recycled Water User Agreement - Final Draft (4538 : Municipal Recycled Water Rates)
MUNICIPAL RECYCLED WATER PROGRAM
AGREEMENT & PERMIT
Provisions in Attachment G, and hereby agrees that those provisions and requirements are reasonable. User covenants and warrants that it shall comply with all the provisions and requirements of the Order and this Agreement in the purchase and use of Recycled Water.
B. User also shall comply with all the additional provisions and requirements established by City, in the delivery and use of the Recycled Water, which are set forth in the City’s Recycled Water Engineering Report, as further described in Exhibit “B”, attached hereto and incorporated herein by this reference.
C. User shall use the Recycled Water delivered hereunder only for those uses authorized in the Recycled Water User permit and consistent with the Order and this Agreement, including the requirements of City set forth in Exhibit “B”.
D. The City shall have responsibility under the Agreement to Prepare Programmatic, Site-Specific and other Technical Reports; and Training Programs as required in the Order. The City shall also have the responsibility to conduct all training required under such Training Programs required in the Order. User agrees to provide all relevant information necessary for the preparation of such reports in a timely manner, and to participate in Training Programs.
7. Availability of Recycled Water; Interruption of Service.
A. Irrigation equipment downstream of Meter Station(s) on the Property shall be provided, replaced and repaired as necessary by User, at User’s discretion, provided that all such irrigation equipment shall be subject to inspection and repairs as provided in Section 4C above. User shall complete all work and shall be responsible for all costs of construction, operation and maintenance of all other modifications and improvements on User’s property, which are not the responsibility of the City. Such other modifications include marking and signing required by the Order, e.g.:
• Placing of appropriate signs, to be provided by the City, on the site perimeter that notifies User employees and the public of the use of Recycled Water on the site.
• Marking all valve boxes on the User’s Recycled Water System by placing an appropriate purple tag on the existing valve box lid, or by replacing with a new purple lid.
• User acknowledges and understands that the City’s delivery of Recycled Water is subject to the Order and the waste discharge requirements
9.B.b
Packet Pg. 152 Attachment: Municipal Recycled Water User Agreement - Final Draft (4538 : Municipal Recycled Water Rates)
MUNICIPAL RECYCLED WATER PROGRAM
AGREEMENT & PERMIT
imposed by the Regional Board and that the City does not intend to deliver Recycled Water to User outside the Delivery Periods absent additional authorization from the Regional Board.
B. User agrees to cooperate with City, at City’s request, in the establishment of reasonable and mutually agreeable delivery schedules for the Recycled Water. User recognizes that the requests of various users may overload the capacity of City’s WRF, and delivery system and that City therefore may need to reduce the rates at which Recycled Water is delivered to the various users from time to time. If the City reduces User’s requested rate of delivery, City shall use reasonable efforts to restore the requested rate of delivery as soon as feasible and provide User with that amount of water it would have received had its rate of delivery not been reduced.
C. City shall use reasonable efforts to ensure that service to User is provided Recycled Water consistent with the established delivery schedules, and User shall use its best efforts to accept Recycled Water as provided herein.
However, both parties acknowledge that City’s supply and delivery of Recycled Water and User’s ability to take delivery of said water may occasionally be interrupted or curtailed due to causes outside of its control, including, but not limited to:
• acts of God
• power failures
• accident
• fire
• strikes, riots, war
• facility failure, facility repairs/improvements
• actions or decisions by a governmental agency
• any condition outside of a party’s control.
Neither party shall be liable to the other for damages arising out of interruption or curtailment of service for these reasons. Insofar as feasible, the party whose performance hereunder is affected by such condition shall give the other party at least 72 hours advance notice of a temporary discontinuance or reduction in its delivery (in the case of City) or in its acceptance (in the case of User) of Recycled Water, except in the case of emergency, in which case notice need not be given. In the event of such discontinuance or reduction, the parties shall deliver or accept, as appropriate, upon resumption of service and as nearly as may be feasible, the quantity of Recycled Water that would have been delivered or accepted in the absence of such discontinuance or reduction.
8. Measurement of Delivered Recycled Water.
9.B.b
Packet Pg. 153 Attachment: Municipal Recycled Water User Agreement - Final Draft (4538 : Municipal Recycled Water Rates)
MUNICIPAL RECYCLED WATER PROGRAM
AGREEMENT & PERMIT
All Recycled Water delivered pursuant to this Agreement shall be measured by the City at the Meter Station(s) or other appropriate facilities. City shall own, inspect, operate, maintain, repair, and replace the measuring equipment. All determinations relative to the measuring of Recycled Water shall be made by the City. Upon request by User, the accuracy of a measurement shall be investigated by the City, and any error appearing therein shall be adjusted. User may inspect such measuring equipment for the purpose of determining the accuracy thereof.
9. Monitoring Reports.
User shall provide monitoring reports on the form prescribed by the City on a weekly basis or as otherwise required by the City and submit them to City by the fifth (5th) day of each month following the preceding month. Movement of Recycled Water off-site by spray or runoff shall be fully reported by User in such reports, which shall also state what corrective action(s) were taken to prevent such movement from recurring.
10. Record Drawings:
Within 30 days of execution of this Agreement, User shall provide City with record drawings showing the complete User's Recycled Water System. Following any onsite modifications and changes to User’s Recycled Water System and/or User's potable water systems, User shall provide City with record drawings showing the complete Recycled Water irrigation system and modifications and changes made by User on Irrigated Land.
User shall provide City with record drawings each time User modifies or changes User’s Recycled Water System on the site during the term of this Agreement. The record drawings shall clearly show the locations of all pipelines, controllers, valves, fountains, buildings, structures, property boundaries, wells, and any other features known or considered to be pertinent to or affected by the onsite use of Recycled Water.
11. Use of Recycled Water:
The conditions and mitigation measures contained in 2005 Wastewater Treatment Plant Upgrade Final Environmental Impact Report and any subsequent site-specific environmental studies are hereby incorporated into this Agreement. These conditions and mitigation measures include, but are not limited to, the following:
• All Recycled Water delivered by City to User pursuant to this Agreement shall be used only on the designated Property. • Recycled water may be used for the uses addressed in the Order including vineyard irrigation purposes, pasture grass irrigation, landscape irrigation, frost protection, orchards, cannabis, on-site construction/industrial water and on-site dust control, and other various approved uses.
• User's use of Recycled Water for turf irrigation purposes shall be restricted to agronomic rates of application as follows:
o Hydraulic Threshold: 2.89 acre-feet/acre
9.B.b
Packet Pg. 154 Attachment: Municipal Recycled Water User Agreement - Final Draft (4538 : Municipal Recycled Water Rates)
MUNICIPAL RECYCLED WATER PROGRAM
AGREEMENT & PERMIT
o Nitrogen Threshold: 32.16 lbs N/acre - growing season (from recycled water application only).
o The agronomic rate for nitrogen is 174 lbs N/acre/year for turf. • User’s rights to Recycled Water deliveries hereunder are not transferable or assignable. User shall not sell, give, transfer or distribute any of the Recycled Water delivered to it pursuant to this Agreement to any other party for any use, and User shall be the sole party using the Recycled Water.
12. Permission to Enter:
User hereby grants City, acting through its duly authorized employees, agents, or representatives, reasonable access to User’s property for any necessary work associated with this Agreement, including, but not limited to, meter reading, monitoring of Recycled Water use by User, and/or repair of City-owned Meter Station equipment. Permission to Enter by the City for operation and maintenance of Recycled Water system equipment does not constitute public access.
13. Termination.
A. The term of the agreement is one year, renewable annually. i. Notice: Should one party breach any of the terms and conditions in this Agreement, written notice of such breach shall be given to the breaching party by the other party. If reasonable steps toward correcting the breaching conditions are not taken within 5 days from such notice, the other party may, in addition to any remedies provided in this Agreement and/or by law, terminate this Agreement on 30 days’ written notice to the breaching party.
ii. Termination:
(1) Notwithstanding subsections A above, City may terminate this Agreement immediately if:
(a) City, at its sole determination, is or will be unable to deliver properly and adequately treated recycled
water to User for any reason whatsoever for a period
greater than 30 days.
(b) The RWQCB changes City’s discharge requirements
for irrigation and City determines that it cannot
reasonably meet any of the new RWQCB
requirements.
9.B.b
Packet Pg. 155 Attachment: Municipal Recycled Water User Agreement - Final Draft (4538 : Municipal Recycled Water Rates)
MUNICIPAL RECYCLED WATER PROGRAM
AGREEMENT & PERMIT
(c) City is ordered to cease delivery of recycled water to User by a governmental authority of competent
jurisdiction.
(2) The User may terminate this Agreement immediately if:
(a) The User has received an injunction or court order to cease receiving recycled water
(3) This Agreement is renewable annually. If the User declines to renew, the permit may be dormant for up to two consecutive years. If after the Agreement is dormant for two consecutive years, the Agreement will be considered permit will be considered terminated and new application will need to be completed to once again received recycled water after termination.
14. Specific Performance of Agreement.
User understands and acknowledges that City is not permitted to discharge recycled water to the Russian River or its tributaries during certain times of the year and will rely on delivery of recycled wastewater to User (and others) to comply with this requirement.
Therefore, City is relying on a good-faith performance of User in accepting and using recycled wastewater in accordance with the Order and this Agreement. If User, as reasonably determined by City, fails to accept and use the recycled wastewater as agreed herein, City will suffer irreparable harm and will not be adequately compensated by money damages for said harm. User and City agree that City may obtain an injunction compelling specific performance of this Agreement together with such other relief as may be allowed by law. In addition to any other remedy available at law, including without limitation, an order for specific performance or a prohibitory injunction, City shall be entitled to terminate this Agreement, in its sole discretion and without notice, in the event of a default or material breach of this Agreement by User. Default events shall include, but not be limited to, cessation by User of recycled water irrigation without cause, material violations of the terms and conditions of this Agreement, or actions by User which results directly or indirectly in enforcement actions against the City or User by regulatory agencies.
15. Fees.
Fees will be adjusted annually for the July utility usage. Adjustments will be indexed to the year-over-year change to the Engineering News Record 20-Cities Construction Cost Index (20-cities CCI) for the month of January.
Indexing calculation will be as follows:
New Fees = Previous year fee x (current January CCI/previous January CCI)
9.B.b
Packet Pg. 156 Attachment: Municipal Recycled Water User Agreement - Final Draft (4538 : Municipal Recycled Water Rates)
MUNICIPAL RECYCLED WATER PROGRAM
AGREEMENT & PERMIT
Effective July 1, 2024, the fees are as set by Council Resolution ___-2024 as attached to this agreement for reference as Exhibit D. On a routine basis the City Council will review the current fees and make updates as necessary.
16. Hold Harmless and Indemnification.
Each party hereto agrees to protect, indemnify, defend and hold harmless the other party and its directors, officers, employees, agents, successors and assigns from and against any and all actual or potential claims, liabilities, damages, losses, fines, penalties, judgments, awards, costs and expenses (including without limitation reasonable attorneys’ fees and costs and all foreseeable, unforeseeable and consequential damages) asserted against, resulting to, imposed upon or incurred by said other party by reason of the first party’s breach of any provisions of this Agreement or the Order. This indemnification shall survive the termination of this Agreement. To implement this provision, User agrees to obtain and continue in force at all times during the life of this Agreement a comprehensive general liability insurance policy covering liability from the use of Recycled Water, or such other insurance policy reasonably acceptable to the City, that names the City, its elected officials, officers, employees, contractors, sub-contractors and agents as additional insureds by endorsement and that has a policy limit of at least $ 1 million per occurrence and $ 1 million aggregate.
17. Notices.
Any notice, action, or demand by either party to the other in connection with this Agreement shall be deemed to have been fully given or made when such notice, action, or demand is written and deposited in a sealed envelope postage prepaid and addressed as designated below. Either party may change its address by giving the other party written notice of its new address.
City: City of Healdsburg User: ____________________
Attn: Water/Wastewater Superintendent _____________________ 401 Grove Street _____________________
Healdsburg, CA 95448 _____________________
18. Entire Agreement.
This Agreement shall constitute the entire agreement between the parties relating to the rights granted and obligations assumed in this Agreement. Any oral representations or modifications concerning this Agreement shall be of no force and effect unless contained in a subsequent written modification signed by both parties. 19 Amendments.
9.B.b
Packet Pg. 157 Attachment: Municipal Recycled Water User Agreement - Final Draft (4538 : Municipal Recycled Water Rates)
MUNICIPAL RECYCLED WATER PROGRAM
AGREEMENT & PERMIT
This Agreement may not be amended except by a written instrument that is signed by both parties.
20. Interpretation.
This Agreement shall be construed, interpreted, and applied according to the laws of the State of California.
21. Successors.
This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties, if User has complied with paragraph 9 hereof.
22. Attorneys’ Fees.
If either party commences an action at law or in equity, arbitration or other proceeding against the other party to enforce or interpret this Agreement, the prevailing party shall be entitled to recover from the losing party reasonable attorneys’ fees and costs of such proceeding, in addition to any other amounts which may be awarded.
23. Severability.
If any clause or provision of the Agreement is or becomes illegal, invalid, or unenforceable because of present or future laws, or any rules or regulations of any governmental body or entity, effective during its term, the intention of the parties is that the remaining parts of this Agreement shall remain in full force and effect if the fundamental purpose of the Agreement is not destroyed.
23. Covenants Running with the Land.
User declares that its covenants and obligations specified in this Agreement constitute covenants running with the land, in particular the easements for the City’s recycled water pipeline, if any, within the meaning of California Civil Code Section 1468, shall benefit the City's WRF, and shall burden the real property described in Exhibit “A” attached.
24. Exhibits to this Agreement.
Exhibit A Property Site Map (attached), Exhibit B January 2021 Title 22 Engineering Report and October 2021 Title 22 Engineering Report Amendment, Exhibit C – November 2021 Notice of Applicability, and Exhibit D City Council Resolution of Adopted Recycled Water Fees are incorporated into this Agreement by this reference in their entirety. They shall be available for inspection in the Clerk's Office, 401 Grove Street, Healdsburg, California 95448, during regular business hours.
25. Third-Party Beneficiaries.
This Agreement shall not create any right or interest in any non-party or in any member of the public as a third-party beneficiary.
9.B.b
Packet Pg. 158 Attachment: Municipal Recycled Water User Agreement - Final Draft (4538 : Municipal Recycled Water Rates)
MUNICIPAL RECYCLED WATER PROGRAM
AGREEMENT & PERMIT
Best Management Practices
User's use of Recycled Water for turf irrigation purposes shall be restricted to agronomic rates of application as follows:
• Hydraulic
Threshold:
2.89 acre-feet/acre
• Nitrogen
Threshold
32.16 lb. N/acre - growing season (from recycled
water application only)
The hydraulic threshold will be distributed over the May to October growing season based on ETo. The threshold will be applied as a rule to address local soil types and cultural practices, while providing flexibility to the landscaper if extreme heat and drought conditions necessitate additional irrigation. The nitrogen threshold related to recycled water content (174 lb. N/acre per year) will be distributed over the May to October growing season according to plant demand. A study to assess deep percolation rates at other sites has not been conducted, so a salinity-based threshold is not applicable at this time.
Recycled water application within the hydraulic and nitrogen thresholds in the above guidelines will prevent runoff and degradation of groundwater quality.
9.B.b
Packet Pg. 159 Attachment: Municipal Recycled Water User Agreement - Final Draft (4538 : Municipal Recycled Water Rates)
MUNICIPAL RECYCLED WATER PROGRAM
AGREEMENT & PERMIT
The City will compile the information identified in the below table each month. The information will be used to calculate the actual loading rates and assess whether the designated thresholds have been exceeded. If a threshold is exceeded, the City will discuss operations with turf growers and obtain information on the irrigation regime. If necessary, the City will provide recommendations to reduce recycled water irrigation rates and change operations in the following month. The reduced irrigation requirements could be accomplished by supplementing or replacing recycled water irrigation with potable or well water or applying less fertilizer.
Information Responsible Entity Frequency
Area irrigated Landscaper / owner Monthly
Source and volume of
irrigated water applied to
each area (e.g., recycled
water, well water, etc.)
Landscaper / owner Monthly
Information Responsible Entity Frequency
Amount and nitrogen
content of fertilizer applied
to each block
Landscaper / owner Monthly
Total nitrogen concentration
in recycled water
City of Healdsburg Monthly
Precipitation measured at the
WWTP
City of Healdsburg Daily
ETo measured at CIMIS
Station 103 Windsor
City of Healdsburg Monthly
Total volume delivered to
grower
City of Healdsburg Monthly
9.B.b
Packet Pg. 160 Attachment: Municipal Recycled Water User Agreement - Final Draft (4538 : Municipal Recycled Water Rates)
MUNICIPAL RECYCLED WATER PROGRAM
AGREEMENT & PERMIT
Recycled Water Handling and Use Requirements, Prohibitions and Best Management Practices
1. Recycled water users should apply hand sanitizer or wash their hands with soap and potable water after working with recycled water.
2. Recycled water shall not be applied in areas where the public would be inadvertently exposed to recycled water.
3. Do not drink recycled water or use it for food preparation. Additionally, the USER must notify workers and/or the public when recycled water is used at a site and tell them that they are not to drink recycled water or use it for food preparation.
4. Precautions should be taken to avoid food coming into contact with recycled water while the use site is still wet.
5. An adequate first aid kit shall be always made available. Cuts or abrasions should be promptly washed, disinfected, and bandaged.
6. Recycled water shall not be allowed to spray onto external drinking water fountains or faucets used for potable water.
7. Recycled water shall not be applied where it could contact or enter passing vehicles, buildings, areas where food is handled or eaten, or storm drains.
8. Recycled water users shall take adequate measures to prevent overspray, ponding, or run off of recycled water from the authorized recycled water use area.
9. Recycled water shall not be applied on water-saturated or frozen ground or during periods of precipitation such that runoff is induced.
10. Recycled water shall not be applied on slopes if runoff cannot be controlled.
11. There shall be no irrigation within a minimum of 50 feet of any domestic (drinking water) well or impoundment of recycled water within a minimum of 100 feet of any domestic (drinking water) well.
12. Recycled water shall not be allowed to escape from the designated use area(s) as surface flow that would either pond and/or enter waters of the State.
13. No recycled water shall be applied to irrigation areas during periods when soils are saturated.
14. Recycled water shall not be applied into State waters, within 25 feet of State waters containing standing or flowing water, nor in a manner that could result in uncontrolled runoff into State water.
15. User must comply with all requirements and restrictions specified by the State and Regional Water Quality Control Boards and California Division of Drinking Water.
9.B.b
Packet Pg. 161 Attachment: Municipal Recycled Water User Agreement - Final Draft (4538 : Municipal Recycled Water Rates)
MUNICIPAL RECYCLED WATER PROGRAM
AGREEMENT & PERMIT
PERMIT
*****UPPER SECTION TO BE COMPLETED BY CITY STAFF*****
Permit Number: _____________________________
Effective Date of Permit: ________________________________________ AUTHORIZATION:
User is authorized to use recycled water in accordance with City’s agreement for the use of recycled water and applicable recycled water use requirements and restrictions set forth by the Regional Water Quality Control Board and California Department of Public Health.
City Manager (Printed Name): _______________________________________________ City Manager (Signature): ___________________________________________________ Date: _________________
I CERTIFY THAT I HAVE READ, UNDERSTAND, AND AGREE TO ABIDE BY THE
ABOVE GUIDELINES,
Permit Number: ___________________________________
Date: ________________________________________________
Print Name: ________________________________________
Signature: ____________________________________________ Company: ____________________________________________
9.B.b
Packet Pg. 162 Attachment: Municipal Recycled Water User Agreement - Final Draft (4538 : Municipal Recycled Water Rates)
MUNICIPAL RECYCLED WATER PROGRAM
AGREEMENT & PERMIT
EXHIBIT A
Recycled Water Use Area
Recycled Water Meter Station Location
Storage tank
Use areas
`EXAMPLE
9.B.b
Packet Pg. 163 Attachment: Municipal Recycled Water User Agreement - Final Draft (4538 : Municipal Recycled Water Rates)
MUNICIPAL RECYCLED WATER PROGRAM
AGREEMENT & PERMIT
EXHIBIT B
January 2021 Title 22 Engineering Report
and October 2021 Amendment
(On file with City Clerk)
9.B.b
Packet Pg. 164 Attachment: Municipal Recycled Water User Agreement - Final Draft (4538 : Municipal Recycled Water Rates)
MUNICIPAL RECYCLED WATER PROGRAM
AGREEMENT & PERMIT
EXHIBIT C
November 2021 Notice of Applicability
(On file with City Clerk)
9.B.b
Packet Pg. 165 Attachment: Municipal Recycled Water User Agreement - Final Draft (4538 : Municipal Recycled Water Rates)
MUNICIPAL RECYCLED WATER PROGRAM
AGREEMENT & PERMIT
EXHIBIT D
CITY COUNCIL RESOLUTION OF ADOPTED
MUNICIPAL RECYCLED WATER FEES
9.B.b
Packet Pg. 166 Attachment: Municipal Recycled Water User Agreement - Final Draft (4538 : Municipal Recycled Water Rates) 8/28/2024 – Page 1
CITY OF HEALDSBURG
CITY COUNCIL FUTURE AGENDA ITEMS
(NOTE: The schedule is tentative and subject to change pending final publication and posting of the City Council meeting agenda) September 16, 2024 Review Capital Improvement Program and Reestablish Appropriations for Continuing Projects Notice of Completion for Fitch Mountain Public Access Improvement Project Parking Ordinance Update
Authorize Xerox Financial Services, LLC Lease Agreement for Printing Equipment RCPA Greenhouse Gas Inventory Results for 2022
Mill District – Development Agreement Amendment
Climate Mobilization Strategy Annual Update
Reach for Home Quarterly Update
Mayors & Councilmembers City Selection Committee – County of Sonoma Mental Health and Homeless Services Citizens Oversight Committee
October 7, 2024 Arts and Culture Commission – Second Reading Revisions to the Memorandum of Understanding with 421 Foss Street LLC (Duchamp Hotel) for the Foley Family Community Pavilion Project
Saggio Hills and Badger Park Design – Contract Approval Emergency Operations Plan Update Adoption
Active Transportation Plan Presentation
October 21, 2024 2023 Power Content Label
Appoint Council Subcommittee to interview Arts and Culture Commission Applicants Saggio Hills Development Park Naming Proposals
November 4, 2024 2025 Special Event Requests
13.1.a
Packet Pg. 167 Attachment: Agenda Planning Sheet (4596 : Future Agenda Items - August 5, 2024) 8/28/2024 – Page 2
November 18, 2024 Memorandum of Understanding to be a member agency in the Russian River Reuse Collective (R3C) Discussion of Future Fireworks Shows and Possible Alternatives December 2, 2024 Employee Anniversaries – Victor Halverson (35 years), Eddie Uribe (20 years) and John Peterson (5 years) Cultural Trust Fund Amendment
Sports Organization Affiliation Agreements
December 16, 2024 Reach for Home Quarterly Update
Housing Element Strategic Implementation Plan – Professional Services Agreement Canvas of 2024 Election Results - Installation of New Councilmembers Selection of Mayor and Vice Mayor for 2025
Annual Appointments to regional boards and commissions
2025 City Council Meeting Calendar
(NOTE: The schedule is tentative and subject to change pending final publication and posting of the City Council meeting agenda)
13.1.a
Packet Pg. 168 Attachment: Agenda Planning Sheet (4596 : Future Agenda Items - August 5, 2024)