(4) In each Annual Report, each Permittee shall evaluate its respective electronic database or tabular format and the summaries produced in C.6.e.ii.(4) above. This evaluation shall include findings on the program’s strength, comparison to previous years’ results, as well as areas that need more focused education for site owners, operators, and developers the following year.
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(5) The Executive Officer may require that the information recorded and tracked by C.6.e.ii.(4) be submitted electronically or in a tabular format.
Permittees shall submit the information within 10 working days of the Executive Officer’s requirement. Submittal of the information in tabular form for the reporting year is not required in each Annual Report, but it is encouraged.
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C.6.f. Staff Training C
i. Task Description – Permittees shall provide training or access to training for staff conducting construction stormwater inspections. C ii. Implementation Level – Permittees shall provide training at least every other year to municipal staff responsible for conducting construction site stormwater inspections. Training topics shall include information on correct uses of specific BMPs, proper installation and maintenance of BMPs, Permit requirements, local requirements, and the ERP.
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iii. Reporting – Permittees shall include in each Annual Report the following information: training topics covered, dates of training, and the number of the Permittees’ inspectors attending each training. If there was no training in that year, so state.
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C.7. Public Information and Outreach C
Each Permittee shall increase the awareness of a broad spectrum of the community, including a diversity of socioeconomic groups and ethnic communities, regarding the impacts of stormwater pollution on receiving waters and potential solutions to mitigate the problems caused; positively influence the waste disposal and runoff pollution generation behavior of target audiences by encouraging implementation of appropriate solutions; and involve various citizens in mitigating the impacts of stormwater pollution. Outreach required in other provisions may be conducted under Provision C.7.
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C.7.a. Storm Drain Inlet Marking C
i. Task Description – Permittees shall mark and maintain municipally-maintained storm drain inlets with an appropriate stormwater pollution prevention message, such as “No dumping, drains to Bay” or equivalent. For newly-approved, privately maintained streets, Permittees shall require storm drain inlet markings with an appropriate stormwater pollution prevention message by the project developer upon construction and maintenance of markings through the development maintenance entity. Markings on the storm drain inlets shall be verified prior to acceptance of the project.
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ii. Implementation Level C
(1) Inspect and maintain storm drain inlet markings of at least 80 percent of municipality-maintained inlets to ensure they are legibly labeled with a no dumping message or equivalent once per permit term.
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(2) Storm drain inlet markings of newly developed privately-maintained streets shall be verified prior to acceptance of the project. Permittees shall require maintenance of the storm drain inlet markings through the development maintenance entity.
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iii. Reporting – In the 2020 Annual Report, each Permittee shall (1) state how many municipally-maintained storm drain inlets it has, (2) certify that at least 80 percent of municipality-maintained storm drain inlet markings are legibly labeled with an appropriate stormwater pollution prevention message during the permit term; (3) include a picture of a labeled municipality-maintained inlet; and (4) certify that all privately-maintained streets had storm drain inlet markings verified prior to acceptance of the project and were required to maintain the storm drain inlet markings through the development maintenance entity.
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C.7.b. Outreach Campaigns
i. Task Description – Permittees shall continue to participate in or contribute to outreach campaigns, with the goal of significantly increasing overall awareness of stormwater runoff pollution prevention messages and behavior changes in target audiences.
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ii. Implementation Level
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(1) Target a broad audience with a minimum of one outreach campaign with specific stormwater runoff pollution prevention messages. The outreach campaign(s) should utilize various electronic and print media, and paid and free media to best reach the different target audiences. The outreach campaign(s) may be coordinated regionally or county-wide.
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(2) Permittees shall conduct a post-campaign effectiveness assessment/evaluation to identify and quantify the audiences’ knowledge, trends, and attitudes and/or practices; and to measure the overall population’s awareness of the messages and behavior changes achieved by the outreach campaigns. Effectiveness assessment/evaluation may be done regionally or county-wide.
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iii. Reporting – In the Annual Report following the post-campaign effectiveness assessment/evaluation, each Permittee (or the Countywide Program, if the effectiveness assessment/evaluation was done county-wide or the regional program, if the effectiveness assessment/evaluation was done regionally) shall provide a report of the effectiveness assessment/evaluation completed, which, at minimum, shall include the following:
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(1) A description of the outreach campaign.
(2) A summary of how the effectiveness assessment/evaluation was implemented. (3) An analysis of the effectiveness assessment/evaluation results. (4) A discussion of the measurable changes in awareness and behavior achieved. (5) A discussion of the planned or future outreach campaigns to influence awareness and behavior changes regarding stormwater runoff pollution prevention messages.
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C.7.c. Stormwater Pollution Prevention Education
i. Task Description – Permittees shall continue to maintain a point of contact to provide the public with stormwater pollution prevention information. B ii. Implementation Level
(1) Each Permittee shall maintain and publicize one point of contact for information on stormwater issues, watershed characteristics, and stormwater pollution prevention alternatives. This point of contact can be maintained individually or collectively and Permittees may combine this function with the spill and dumping complaint central contact point required in C.5.
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(2) Each Permittee shall place and maintain information on stormwater issues, watershed characteristics, and stormwater pollution prevention alternatives on its website. In lieu of posting the detailed informational pages directly on their individual websites, Permittees may choose to provide links from their websites to the countywide program’s and/or BASMAA’s websites. Each Permittee shall publicize its website.
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iii. Reporting – In the 2016 Annual Report, each Permittee shall list the point of contact, discuss how this point of contact and stormwater pollution website are publicized and maintained, and certify that it has a website dedicated to providing and maintaining information on stormwater issues, watershed characteristics, and stormwater pollution prevention alternatives.
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C.7.d. Public Outreach and Citizen Involvement Events
i. Task Description – Public outreach shall include a variety of pollution prevention message such as car washing; proper use, storage and disposal of vehicle waste fluids; household waste materials disposal; pesticide use; and trash. Public outreach events may include venues such as fairs, shows, and workshops. Citizen involvement events may include venues such as creek/shore clean-ups, adopt-an-inlet/creek/beach programs, volunteer monitoring, storm drain inlet marking, riparian restoration activities, community grants.
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ii. Implementation Level – Each Permittee shall annually participate and/or host a mix of public outreach and citizen involvement events according to its population, as shown in the table below:
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CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
iii. Reporting – In each Annual Report, each Permittee shall list the events (name of event, event location, and event date) participated in; identity whether the event is public outreach or citizen involvement; and assess the effectiveness of efforts with appropriate measures (e.g., success at reaching a broad spectrum of the community, number of participants compared to previous years, post-event effectiveness assessment/evaluation results, quantity/volume of materials cleaned up and comparisons to previous efforts).
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C.7.e. Watershed Stewardship Collaborative Efforts
i. Task Description – Permittees shall individually or collectively encourage and support watershed stewardship collaborative efforts of community groups such as the Contra Costa Watershed Forum, the Santa Clara Basin Watershed Management Initiative, “friends of creek” groups, and other organizations that benefit the health of the watershed, such as the Bay-Friendly Landscaping and Gardening Coalition. If no such organizations exist, encourage and support development of grassroots watershed groups or engagement of an existing group, such as a neighborhood association, in watershed stewardship activities. Coordinate with existing groups to further stewardship efforts.
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ii. Implementation Level – Annually demonstrate effort. iii. Reporting – In each Annual Report, each Permittee shall state the level of effort, describe the support given, state what efforts were undertaken and the results of these efforts, and provide an evaluation of the effectiveness of these efforts.
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C.7.f. School-Age Children Outreach
i. Task Description – Permittees shall individually or collectively implement outreach activities designed to increase awareness of stormwater and/or watershed message(s) in school-age children (K through 12).
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ii. Implementation Level – Implement annually and demonstrate effectiveness of efforts through assessment. iii. Reporting – In each Annual Report, each Permittee shall state the level of effort, spectrum of children reached, and methods used, and provide an evaluation of the effectiveness of these efforts.
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C.7.g. Outreach to Municipal Officials
i. Task Description – Permittees shall conduct outreach to municipal officials. One alternative means of accomplishing this is through the use of the Nonpoint Education for Municipal Officials program (NEMO) to significantly increase overall awareness of stormwater and/or watershed message(s) among regional municipal officials.
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ii. Implementation Level – At least once per permit cycle, or more often. B iii. Reporting – Permittees shall summarize efforts in the 2020 Annual Report. B C.8. Water Quality Monitoring
C.8.a. Compliance Options
All Permittees shall comply with all the monitoring requirements in this Provision. Permittees may choose any of the following mechanisms, or a combination of these mechanisms, to meet the monitoring requirements:
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i. Regional Collaboration. Permittees are encouraged to continue contributing to the Regional Monitoring Collaborative (RMC), which coordinates water quality monitoring conducted by all the Permittees. Permittees are encouraged to consider and assign additional duties to the RMC for purposes of increased efficiencies, particularly, but not limited to, reporting duties.
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ii. Area-wide Stormwater Program. Permittees may contribute to their countywide or area-wide Stormwater Program, so that the Stormwater Program conducts monitoring on behalf of its members.
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iii. Third-party Monitoring. Permittees may use data collected by a third-party organization, such as the Water Board or Department of Pesticide Regulation, to fulfill a monitoring requirement, provided the data are demonstrated to meet the data quality objectives described in Provision C.8.b.
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C.8.b. Monitoring Protocols and Data Quality
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Where applicable, monitoring data must be Surface Water Ambient Monitoring Program (SWAMP) comparable. Minimum data quality shall be consistent with the latest version of the SWAMP Quality Assurance Project Plan (QAPrP) for applicable parameters, including data quality objectives, field and laboratory blanks, field duplicates, laboratory spikes, and clean techniques, using the most recent SWAMP Standard Operating Procedures.
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C.8.c. San Francisco Estuary Receiving Water Monitoring With limited exceptions, urban runoff from the Permittees’ jurisdictions ultimately discharges to the San Francisco Estuary. Monitoring of the Estuary is intended to answer questions21 such as:
• Are chemical concentrations in the Estuary potentially at levels of potential concern and are associated impacts likely? • What are the concentrations and masses of contaminants in the Estuary and its segments? • What are the sources, pathways, loadings, and processes leading to contaminant related impacts in the Estuary? • Have the concentrations, masses, and associated impacts of contaminants in the Estuary increased or decreased? D
• What are the projected concentrations, masses, and associated impacts of contaminants in the Estuary? D The Permittees shall participate in implementing an Estuary receiving water monitoring program, at a minimum equivalent to the San Francisco Estuary Regional Monitoring Program by contributing their fair-share financially on an annual basis.
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C.8.d. Creek Status Monitoring D
Creek status monitoring is intended to assess the chemical, physical, and biological impacts of urban runoff on receiving waters. In particular, the monitoring required by this provision is intended to answer the following questions:
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• Are water quality objectives, both numeric and narrative, being met in local receiving waters, including creeks, rivers and tributaries? • Are conditions in local receiving waters supportive of or likely to be supportive of beneficial uses? D
i. Biological Assessment including Nutrients and General Water Quality Parameters (1) Field and Laboratory Method – The Permittees shall conduct biological assessments (also referred to herein as bioassessments) in accordance with SWAMP Standard Operating Procedures22,23,24 and shall include collection and reporting of in-stream biological and physical habitat data according to the SWAMP Standard Operating Procedures for Bioassessment,3 including benthic algae, benthic macroinvertebrates, water chemistry, and full characterization of physical habitat. The bioassessment sampling method shall be multihabitat reach-wide. For algae, the assessment shall include all analytes in the protocol, including diatom and soft algae taxonomy, biomass (ash-free dry weight), chlorophyll a, pebble count algae information, and reach-wide algal percent cover. Physical Habitat (PHab) Assessment shall include the SWAMP full physical habitat characterization method.
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(2) The sampling crew shall be trained by a SWAMP-approved trainer and possess a Scientific Collection Permit from the California Department of Fish and Wildlife and participate in a SWAMP-approved inter-calibration exercise at least once in the Permit term. The Permittee may, but is not required to, modify its sampling procedures if these referenced procedures change during the Permit term. In such case, the Permittee shall notify the Water Board and follow the updated SWAMP procedures.
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(3) Macroinvertebrates shall be identified and classified according to the Standard Taxonomic Effort (STE) Level I of the Southwestern Association of Freshwater Invertebrate Taxonomists (SAFIT)25 (except Chironomids should be identified to subfamily) using a fixed count of 600 organisms per sample.
The laboratory shall follow the SWAMP Standard Operating Procedures for Laboratory Processing and Identification of Benthic Macroinvertebrates in California.26 Soft-bodied algae and diatom algae shall be identified to the species level. Algae identifications must be harmonized with the SWAMP master taxa list. All quality assurance and quality control steps specified in the SWAMP Quality Assurance Program Plan1 shall be performed.
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CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
(4) The Permittees shall measure general water quality parameters using a sonde and collect nutrient samples at a site when biological samples are collected. The general water quality parameters shall include temperature, dissolved oxygen, pH, and specific conductance. Nutrients samples shall be analyzed for total ammonia, nitrate, nitrite, total Kjeldahl nitrogen, total nitrogen (calculated), dissolved orthophosphate and total phosphorous, silica, and chloride.
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(5) In conducting the required bioassessment monitoring, the Permittees shall take precautions to prevent the introduction or spread of aquatic invasive species.
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(6) Sample Design/Locations – The Permittees shall continue to use the probabilistic sample design developed in the previous Permit term to select sample locations. Also, Permittees shall continue to use the sampling site order and the rationale to exclude potential sites as previously defined by the sample design and reconnaissance standard operating procedures. After a statistically representative data set (i.e., approximately 30 samples) has been collected to address management questions related to condition of aquatic life, Permittees may select up to 20% of sample locations on a targeted basis to evaluate temporal trends in or other impacts to aquatic life condition.
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(7) Frequency, Timeframe and Number of Sites – Sampling shall occur once per year during the appropriate index period (April 15-June 30) with consideration of antecedent rainfall. Sampling is a one-time grab sample for biological communities, nutrients, and general water quality collected on the same day. The Permittees shall collect at least the minimum number of samples as shown below:
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Sampling Agency Minimum Number of Samples
Alameda Permittees 20 per year
Santa Clara Permittees 20 per year
Contra Costa Permittees 10 per year
San Mateo Permittees 10 per year
Fairfield-Suisun Permittees 8 per 5-year period
Vallejo Permittees 4 per 5-year period
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(8) Followup – Sites scoring less than 0.795 according to the California Stream Condition Index27 (CSCI) are appropriate for a Stressor Source Identification (SSID) project as defined in C.8.e. Such a score indicates a substantially degraded biological community relative to reference conditions. Sites where there is a substantial difference in CSCI score observed at a location relative to upstream or downstream sites are also appropriate for a SSID project. If many samples show a degraded biological condition, sites where water quality is most likely to cause and contribute to this degradation may be prioritized by the Permittee for a SSID project.
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ii. Chlorine
(1) Field and Laboratory Method – Permittees shall collect a grab sample and analyze for free and total chlorine using methods specified in the BASMAA Regional Monitoring Coalition Creek Status Monitoring Program Standard Operating Procedures.
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(2) Sample Design/Locations – Sample locations may be selected by the Permittees to monitor locations near known or suspected potable water line breaks; to coincide with bioassessment sites; to coincide with creek restoration sites; or to resample a location where chlorine has been found in the past.
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(3) Frequency, Timeframe, and Number of Samples – Samples shall be collected in spring or summer. Vallejo and Fairfield-Suisun Permittees each shall collect their samples by the end of the second year of the permit term. The Permittees shall collect at least the minimum number of samples as shown below:
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SAN FRANCISCO BAY REGION MUNICIPAL STORMWATER NPDES PERMIT - MRP 2.0 R2-2015-0049 ATTACHMENT "A"
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
Sampling Agency Minimum Number of Locations Sampled
Alameda Permittees 20 per year
Santa Clara Permittees 20 per year
Contra Costa Permittees 10 per year
San Mateo Permittees 10 per year
Fairfield-Suisun Permittees 8 per 5-year period
Vallejo Permittees 4 per 5-year period
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(4) Followup – The Permittees shall immediately resample if the chlorine concentration is greater than 0.1 mg/L. If the resample is still greater than
0.1 mg/L, then Permittees shall report the observation to the appropriate Permittee central contact point for illicit discharges so that the illicit discharge staff can investigate and abate the associated discharge in accordance with its Provision C.5.e - Spill and Dumping Complaint Response Program.
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iii. Temperature
(1) Field Method – The Permittees shall monitor temperature of their streams using a digital temperature logger or equivalent. D (2) Sample Design/Locations – The Permittees shall monitor stream reaches that are documented to support cold water fisheries and where either past data or best professional judgment indicates that temperatures may negatively affect that beneficial use.
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(3)Frequency, Timeframe and Number of Sites – Loggers shall be installed so that water temperatures are recorded at 60-minute intervals from April through September at the number of sites specified below. Vallejo and Fairfield-Suisun Permittees each shall collect their samples by the end of the second year of the permit term. The Permittees shall collect at least the minimum number of samples as shown below:
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Sampling Agency Minimum Number of Stream Reaches Sampled Alameda Permittees 8 per year
Santa Clara Permittees 8 per year
Contra Costa Permittees 4 per year
San Mateo Permittees 4 per year
Fairfield-Suisun Permittees 2 per 5-year period
Vallejo Permittees 2 per 5-year period
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(4)Followup – The Permittees shall identify a site for which results at one sampling station exceed the applicable temperature trigger or demonstrate a spike in temperature with no obvious natural explanation as a candidate SSID project. The temperature trigger is defined as when two or more weekly average temperatures exceed the Maximum Weekly Average Temperature of 17.0°C for a Steelhead stream, or when 20% of the results at one sampling station exceed the instantaneous maximum of 24°C.28 Permittees shall calculate the weekly average temperature by breaking the measurements into nonoverlapping, 7-day periods.
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iv. Continuous Monitoring of Dissolved Oxygen, Temperature, and pH SAN FRANCISCO BAY REGION MUNICIPAL STORMWATER NPDES PERMIT - MRP 2.0 R2-2015-0049 ATTACHMENT "A"
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
(1) Field and Laboratory Method – The Permittees shall monitor general water quality parameters of streams using a water quality sonde or equivalent.
Parameters shall include dissolved oxygen (mg/L and % saturation), pH, specific conductance (µS), and temperature (°C).
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(2) Sample Design/Locations – The Permittees shall monitor stream reaches that are documented to support cold water fisheries or where either past data or best professional judgment indicates that temperature may negatively affect the cold water beneficial use.
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(3) Frequency, Timeframe, and Number of Sites – The Permittees shall install sondes so that parameters are recorded at 15-minute intervals over 1-2 weeks in the spring concurrent with bioassessment sampling and 1-2 weeks in summer at the same sites. The Permittees shall monitor at least the minimum number of sites as shown below:
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Sampling Agency Minimum Number of Sample Sites in Spring Minimum # of Sample Sites in Summer Alameda Permittees 3 per year 3 per year
Santa Clara Permittees 3 per year 3 per year
Contra Costa Permittees 2 per year 2 per year
San Mateo Permittees 2 per year 2 per year
Fairfield-Suisun Permittees 2 per permit term 2 per 5-year period Vallejo Permittees 2 per permit term 2 per 5-year period D
(4) Followup – When results at one sampling station exceed the applicable temperature or dissolved oxygen trigger or demonstrate a spike in temperature or drop in dissolved oxygen with no obvious natural explanation, the Permittees shall identify that sample site as a candidate SSID project. The Permittees shall calculate the weekly average temperature and dissolved oxygen by separating the measurements into non-overlapping, 7-day periods. The temperature trigger is defined as any of the following:
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a. Maximum Weekly Average Temperature exceeds 17.0°C for a Steelhead stream, or 20 percent of the instantaneous results exceed 24°C8; b. 20 percent of instantaneous pH results are < 6.5 or > 8.5; c. 20 percent of the instantaneous specific conductance results are > 2000µS, or there is a spike in readings with no obvious natural explanation; or D
d. 20 percent of instantaneous dissolved oxygen results are < 7 mg/L in a cold water fishery stream. D v. Pathogen Indicators
(1) Field and Laboratory Method – The Permittees shall collect and analyze samples for Enteroccoci and E. coli in accordance with the most recent U.S.
EPA protocols.29
(2) Sample Design/Locations – The Permittees shall collect one or more samples in a creek and at an area where water-contact recreation is likely or at an opportunistic location where there is potential to detect leaking sewerage infrastructure. (3) Frequency, Timeframe and Number of Sites – The Permittees shall collect samples in the dry season. Permittees shall collect at least the minimum number of samples as shown below:
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CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
Sampling Agency Minimum Number of Sample Sites
Alameda Permittees 5 per year
Santa Clara Permittees 5 per year
Contra Costa Permittees 5 per year
San Mateo Permittees 5 per year
Fairfield-Suisun Permittees 3 per 5-year period
Vallejo Permittees 3 per 5-year period
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(4) Followup – If U.S. EPA’s statistical threshold value30 for 36 per 1000 primary contact recreators is exceeded, the water body reach shall be identified as a candidate SSID project.
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C.8.e. Stressor/Source Identification (SSID) Projects
When any monitoring result triggers a candidate for a SSID project followup as indicated within the provisions of C.8.d and C.8.g, the Permittees shall take the following actions, as also required by Provision C.1. If the trigger stressor or source is already known, the Permittee(s) shall take appropriate followup action to reduce the water quality stressor or source and count this action as a completed SSID Project.
SSID projects are intended to be oriented toward taking action(s) to alleviate stressors and reduce sources of pollutants; thus the Permittees shall attempt to
complete all steps for half their required SSID projects, at a minimum, during the permit term.
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i. Review monitoring (C.8.d and C.8.g) results annually and maintain a list of all results exceeding thresholds described therein. Pollutant of Concern Monitoring (C.8.f) results may be included on the list as appropriate.
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ii. Select followup SSID projects from the list developed in C.8.e.i. based on criteria such as magnitude of threshold exceedance; parameter (for a variety of parameters); likelihood stormwater management action(s) could address the exceedance; and similar priorities.
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(1) Permittees who conduct SSID projects through a regional collaborative shall collectively initiate a minimum of eight new SSID projects (minimum of one for toxicity) during the Permit term. Because these SSID projects are being conducted through a regional collaborative, all SSID project reports shall be presented in a unified, regional-level report when submitted to the Water Board. In the case that no sample exhibits toxicity, as defined within the method required in this section, during the permit term, a SSID project for toxicity is not required.
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(2) If conducted through a countywide Stormwater Program, the Santa Clara and Alameda Permittees each shall be required to initiate five (minimum of one for toxicity) SSID projects; the Contra Costa and San Mateo Permittees each shall be required to initiate three SSID (one for toxicity) projects; and the Fairfield-Suisun and Vallejo Permittees each shall be required to initiate one SSID project(s) during the Permit term. In the case that no sample exhibits toxicity, as defined within the method required in this section, within a countywide program area during the permit term, a SSID project for toxicity is not required.
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iii. The Permittees shall conduct site specific SSID project(s) (or non-site specific if the problem is wide-spread) in the stepwise process described below: D (1) Step 1: The Permittees shall develop a work plan for each SSID project and submit the work plans with the Urban Creeks Monitoring Report (UCMR) such that a minimum of half the required number of SSID projects are started (at a minimum, have a workplan) by the third year of the permit term, with the goal of completing Step 2, at a minimum, for half the required SSID projects within the permit term. The work plan shall:
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(a) Define the problem (e.g., magnitude and temporal and geographic extent) to the extent known; (b) Describe the SSID project objectives, including the management context within which the results of the investigation will be used; (c) Consider the problem within a watershed context and look at multiple types of related indicators, where possible (e.g., basic water quality data and biological assessment results);
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(d) List candidate causes of the problem (e.g., biological stressors, pollutant sources, and physical stressors); (e) Establish a schedule for investigating the cause(s) of the trigger stressor/source to begin upon completion of the workplan. Investigations may include evaluation of existing data, desktop analyses of land uses and management actions, and/or collection of new data.
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(f) Conduct a site specific study (or non-site specific if the problem is wide-spread) in a stepwise process to identify and isolate the cause(s) of the trigger stressor/source. This study should follow guidance for Toxicity Reduction Evaluations (TRE) or Toxicity Identification Evaluations (TIE)18. A TRE, as adapted for urban
stormwater, allows Permittees to use other sources of information (such as industrial facility stormwater monitoring reports) in attempting to determine the trigger cause, potentially eliminating the need for a TIE. If a TRE does not result in identification of the stressor/source, Permittees shall conduct a TIE.
For toxicity studies where there is no chemical pollutant associated with the creek status monitoring sample exhibiting toxicity, a TIE should be conducted.
Where chemical data indicate a pollutant, such as fipronil or a pyrethroid, is present at adverse effects levels in the sample location, it is not necessary to conduct a TIE, and the SSID project would be considered complete; D
(g) For physical habitat, physiochemical pollutants (dissolved oxygen, pH, conductivity, temperature), nutrients, metals, and other stressors, the investigation shall generally follow Step 5 (Identify Probably Causes) of the Causal Analysis/Diagnosis Decision Information System (CADDIS); 31 D
(h) For pathogen indicators, the study shall generally follow the California Microbial Source Identification Manual: A Tiered Approach to Identifying Fecal Pollution Sources to Beaches (2013) or equivalent process or method;32 and D
(i) The Permittees may modify the SSID Work Plan in subsequent years of the Permit term in order to address new Creek Status (or POC) results that exceed applicable thresholds and are of a higher priority based on the criteria in C.8.e.ii.
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(2) Step 2: The Permittees shall conduct SSID investigations according to the schedule in each SSID project work plan and shall report on the status of SSID investigations annually in the UCMR. Local stormwater Permittees shall be advised of the SSID project and consulted regarding possible local sources and potential management actions during the work plan phase and periodically throughout the SSID project.
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(3) Step 3: Follow-up actions. D
(a) When a Permittee(s) determines that discharges to its stormwater collection system(s) contribute to an exceedance of a water quality standard or an exceedance of a trigger threshold such that the water body’s beneficial uses are not supported, the Permittee(s) shall submit a report in the UCMR that describes BMPs that are currently being implemented, and the current level of implementation, and additional BMPs that will be implemented, and/or an increased level of implementation, to prevent or reduce the discharge of pollutants that are causing or contributing to the exceedance of WQS. The report shall include an implementation schedule.
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(b) If a Permittee(s) determines that discharges from its (their) stormwater collection system(s) are not contributing to an exceedance of a water quality standard, the Permittee(s) may end the SSID project. The Executive Officer must concur in writing before an SSID project is determined to be completed.
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In cases where SSID investigations prove inconclusive (e.g., the trigger threshold exceedance is episodic or reasonable methods do not reveal a stressor/source), the Permittee(s) may request that the Executive Officer consider the SSID project complete.
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(c) Reporting: The Permittees shall submit an SSID status report in each UCMR which summarizes the actions taken in C.8.e.i-iii above. The SSID status report shall include a running summary of all SSID projects (C.8.e.ii), including start date, brief problem definition, and schedule for each project. As projects progress, the SSID report shall describe findings and monitoring results and outline steps for the upcoming year for each ongoing project. The Permittees shall submit the SSID status report with each UCMR.
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iv. As long as Permittees have complied with the procedures set forth above, they do not have to repeat the same procedure for continuing or recurring exceedances of the same receiving water limitations unless directed to do so by the Water Board.
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C.8.f. Pollutants of Concern Monitoring
Pollutants of Concern (POC) monitoring is intended to assess inputs of POCs to the Bay from local tributaries and urban runoff, provide information to support implementation of TMDLs and other pollutant control strategies, assess progress toward achieving wasteload allocations for TMDLs and help resolve uncertainties associated with loading estimates and impairments associated with these pollutants.
In particular, monitoring required by this provision must be directed toward addressing the following five priority POC management information needs:
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1. Source Identification - identifying which sources or watershed source areas provide the greatest opportunities for reductions of POCs in urban stormwater runoff;
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2. Contributions to Bay Impairment - identifying which watershed source areas contribute most to the impairment of San Francisco Bay beneficial uses (due to source intensity and sensitivity of discharge location); D
3. Management Action Effectiveness - providing support for planning future management actions or evaluating the effectiveness or impacts of existing management actions;
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4. Loads and Status - providing information on POC loads, concentrations, and presence in local tributaries or urban stormwater discharges; and D
5. Trends - evaluating trends in POC loading to the Bay and POC concentrations in urban stormwater discharges or local tributaries over time D Not all information needs apply to all POCs (see Table 8.2 below for details). i. Sampling Methods – The Permittees shall implement or cause to be implemented the monitoring components shown in Table 8.1 in order to address each of the five POC management information needs.
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ii. Parameters and Monitoring Frequency – The Permittees shall conduct POC monitoring consistent with the monitoring intensity and frequency specified in Table 8.2. Monitoring frequencies are described as the total and minimum number of samples that Permittees within a countywide Stormwater Program shall collectively collect and analyze in a Water Year (October 1 – September 30). Minimum number of samples that Permittees within a countywide Stormwater Program shall collect by the end of the Permit term to address each monitoring type are also specified.
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SAN FRANCISCO BAY REGION MUNICIPAL STORMWATER NPDES PERMIT - MRP 2.0 R2-2015-0049 ATTACHMENT "A"
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
aThis column indicates the total number of samples, across all applicable monitoring types (i.e., monitoring types 1-5 from Table 8.1), that must be collected during the permit term. The number in parentheses indicates the minimum number of samples that must be collected, across all applicable monitoring types, during each of the five years of the permit. For example, 80 total samples must be collected for both total PCBs and mercury by each set of Santa Clara County, San Mateo County, Alameda County, and Contra Costa County Permittees during the term of the permit. Permittees must collect a minimum of 8 PCBs samples every year of the permit term, including the final year. b This column indicates the monitoring types from Table 8.1 that are applicable to this POC along with the minimum number of samples that shall be collected by each set of Permittees (i.e., Santa Clara County, San Mateo County, Alameda County, and Contra Costa County) by the end of year four of the permit. The applicable monitoring type(s) is also stated to illustrate the management information need(s) motivating the collected data. For example, each set of Permittees (i.e., the Countywide Programs for Santa Clara, San Mateo, Alameda, and Contra Costa counties) must collect and analyze at least 8 samples to address monitoring types 1-5 in Table 8.1 for both total PCBs and total mercury. Some collected samples may address multiple management questions.
c The Permittees shall conduct or cause to be conducted a special study that addresses relevant management information needs for emerging contaminants. The special study must account for relevant CECs in stormwater and would address at least PFOS, PFAS, and alternative flame retardants being used to replace PBDEs.
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d Total Organic Carbon (TOC) data are not used independently. Rather, TOC can be useful for normalizing PCBs data collected in water and sediment. TOC shall be collected concurrently with PCBs data that should be normalized to TOC. Similarly, suspended sediment concentrations (SSC) samples should be collected and analyzed when water samples are collected that will be used to assess loads, loading trends, or BMP effectiveness for PCBs and Mercury.
Hardness data are used in conjunction with copper concentrations collected in fresh water.
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iii. POC Parameters and Analytical Methods – Samples collected consistent with Table 8.2 shall be analyzed for parameters listed in Table 8.3. Where no laboratory method is listed in Table 8.3, Permittees shall use U.S. EPA or SWAMP-approved methods.
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C.8.g. Pesticides and Toxicity Monitoring D
The Permittees shall conduct wet weather and dry weather monitoring of pesticides and toxicity in urban creeks. If a statewide coordinated pesticides and pesticides- related toxicity monitoring program begins collecting data on an ongoing basis during the Permit term, Permittees may request the Executive Officer modify, reduce or eliminate this monitoring requirement, provided the resultant change, viewed in context of the statewide program, would result in overall improvement of pesticide monitoring data collection.
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i. Toxicity in Water Column - Dry Weather
SAN FRANCISCO BAY REGION MUNICIPAL STORMWATER NPDES PERMIT - MRP 2.0 R2-2015-0049 ATTACHMENT "A"
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
(1) Field and Laboratory Method – The Permittees shall collect grab samples of receiving water using applicable SWAMP comparable methodology. These samples shall be analyzed for the test organisms listed, and by the methods described, on Table 8.4.
Toxicity shall be evaluated using the Test of Significant Toxicity (TST) statistical approach.33 Each sample shall be subject to determination of “Pass” or “Fail” and shall indicate “Percent Effect” from toxicity using nondiluted samples. The TST null hypothesis shall be “mean sample response ≤ 0.75 × mean control response.” A test result that rejects this null hypothesis shall be reported as “Pass.” A test result that does not reject this null hypothesis shall be reported as “Fail.” The relative “Percent Effect” of the sample is defined and reported as: ((Mean control response – Mean sample response) ÷ Mean control response)) × 100.
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(2) Sample Design/Locations – Sample locations may be selected by the Permittees to monitor locations where toxicity could be likely; to coincide with bioassessment sites; to coincide with creek restoration sites; or to resample a location where toxicity has been found in the past.
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(3) Frequency, Timeframe and Number of Sites – The Permittees shall collect samples annually in the dry season. Vallejo and Fairfield-Suisun Permittees each shall collect their sample by the end of the second water year of the permit term. The Permittees shall collect at least the minimum number of samples as shown below:
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ii. Toxicity, Pesticides and Other Pollutants in Sediment - Dry Weather (1) Field and Laboratory Method – The Permittees shall collect grab samples of creek sediment using applicable SWAMP comparable methodology. These samples shall be analyzed for the pollutants and organisms listed and by the methods described on Table 8.5. Where no laboratory method is listed in Table 8.5, Permittees shall use U.S. EPA or SWAMP-approved methods.
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(2) Sample Design/Locations – Samples shall be collected at fine-grained depositional locations. Such sample locations may be selected by the Permittees to monitor locations where toxicity could be likely, to coincide with bioassessment sites, or to resample a location where toxicity has been found in the past, for example.
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(3) Frequency, Timeframe, and Number of Sites – The Permittees shall collect samples annually during the dry season. Vallejo and Fairfield-Suisun Permittees each shall collect their sample by the end of the second year of the permit term. Permittees shall collect at least the minimum number of samples as shown below:
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iii. Wet Weather Pesticides and Toxicity Monitoring
(1) Field and Laboratory Method – The Permittees shall collect water column samples and analyze them for the following parameters using the methods specified in Tables 8.4 and 8.5. For imidacloprid, Permittees shall specify an analytical method that achieves a reporting level as close to 0.05 ppb as possible, but in no case exceeds 0.1 ppb).
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• Pyrethroids: bifenthrin, cyfluthrin, cypermethrin, deltamethrin, esfenvalerate, lambda-cyhalothrin, permethrin • Imidacloprid
• Indoxacarb38
• Fipronil
• Toxicity
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(2) Sample Design/Locations – The Permittees shall collect samples annually during storm events. Sample locations shall be representative of urban watersheds (i.e., bottom of watershed locations).
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(3) Frequency, Timeframe, and Number of Sites – If this (C.8.g.iii) sampling is conducted by the RMC on behalf of all Permittees, a total of ten (10) samples shall be collected over the Permit term, with a minimum of six (6) samples collected by the end of the third water year of the permit term. If this (C.8.g.iii) D
sampling is conducted by Countywide Stormwater Programs, Permittees shall collect at least the minimum number of samples as shown below: D iv. Followup – The Permittees shall identify a site as a candidate SSID project when analytical results indicate any of the following: D SAN FRANCISCO BAY REGION MUNICIPAL STORMWATER NPDES PERMIT - MRP 2.0 R2-2015-0049 ATTACHMENT "A"
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
(1) A toxicity test of growth, reproduction, or survival of any test organism is reported as “fail” in both the initial sampling and a second, followup sampling, and both have ≥ 50% Percent Effect;
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(2) A pollutant is present at a concentration exceeding its water quality objective in the Basin Plan; D (3) For pollutants without WQOs, results exceed Probable Effects Concentrations or Threshold Effects Concentrations.39 D C.8.h. Reporting
i. Water Quality Standard Exceedence – When data collected pursuant to C.8.a.- C.8.g. indicate that discharges are causing or contributing to an exceedance of an applicable water quality standard, the Permittees shall notify the Water Board within no more than 30 days of such a determination and submit a followup report in accordance with Provision C.1 requirements. This reporting requirement shall not apply to continuing or recurring exceedances of water quality standards previously reported to the Water Board or to exceedances of pollutants that are to be addressed pursuant to Provisions C.9 through C.14 of this Order, consistent with Provision C.1.
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ii. Electronic Reporting – The Permittees shall submit to the California Environmental Data Exchange Network (CEDEN) all results from monitoring conducted pursuant to Provisions C.8.d. Creek Status, C.8.e. SSID Projects (as applicable), C.8.f. Pollutants of Concern and C.8.g. Pesticides and Toxicity.
Data that CEDEN cannot accept are exempt from this requirement.
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(1) Data shall be submitted in SWAMP formats and with the quality controls required by CEDEN. D (2) Data collected during the previous October 1–September 30 period shall be submitted by March 31 of each year. D iii. Urban Creeks Monitoring Report – The Permittees shall submit a comprehensive Urban Creeks Monitoring Report no later than March 31 of each year, reporting on all data collected during the foregoing October 1–September 30 period. Each Urban Creeks Monitoring Report shall contain summaries of Creek Status, SSID Projects, and Pollutants of Concern Monitoring including, as appropriate, the following:
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(1) Immediately following the Table of Contents, a completed Water Year Summary Table that lists each Program’s monitoring sites, with a row for each site. The table columns contain: Site ID; creek name; land use; latitude; longitude; bioassessment, nutrient; chlorine; water column toxicity; sediment toxicity and chemistry; pathogens; temperature loggers; and general water quality (sonde data). For each site, list the site information and check the parameters sampled at that site. This will provide a summary of all Creek Status Monitoring conducted that water year.
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(2) An SSID status report pursuant to Provision C.8.e.iv. (3) For all data, a statement of the data quality.
(4) An analysis of the data, which shall include the following:
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(a) Identification and analysis of any trends in stormwater or receiving water quality which shall include: D • Calculations of CSCI scores and physical habitat endpoints; • Comparison of CSCI scores to:
• Each other;
• Any applicable, available reference site(s); and
• Physical habitat endpoints.
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(b) A discussion of the data for each monitoring program component, which shall: D SAN FRANCISCO BAY REGION MUNICIPAL STORMWATER NPDES PERMIT - MRP 2.0 R2-2015-0049 ATTACHMENT "A"
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
• Discuss monitoring data relative to prior conditions, beneficial uses and applicable water quality standards as described in the Basin Plan, the Ocean Plan, or the California Toxics Rule or other applicable water quality control plans; • Where appropriate, develop hypotheses to investigate regarding pollutant sources, trends, and BMP effectiveness; • Identify and prioritize water quality problems;
• Identify potential sources of water quality problems; • Describe followup actions;
• Evaluate the effectiveness of existing control measures; and • Identify management actions needed to address water quality problems.
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iv. Pollutants of Concern Monitoring Reports – By October 15 of each year of the permit (beginning in 2016), the Permittees shall submit a report describing the allocation of sampling effort for POC monitoring for the forthcoming year (i.e., the water year that began October 1 of that year) and what was accomplished for POC monitoring during the preceding water year. The report shall include (for preceding year and projected for forthcoming year):
monitoring locations, number and types of samples collected, purpose of sampling (management question addressed), and analytes measured. Any data not reportable to CEDEN should be included in the following Urban Creeks Monitoring Report due annually on March 31.
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v. Integrated Monitoring Report – No later than March 31 of the fifth year of the Permit term, Permittees shall submit an Integrated Monitoring Report in lieu of the annual Urban Creeks Monitoring Report. This report will be part of the next Report of Waste Discharge for the reissuance of this Permit. The Integrated Monitoring Report shall report on all the data collected since the previous Integrated Monitoring Report and shall contain the following:
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(1) The Water Year Summary Table, as described in Provision C.8.h.iii, containing information pertaining to the fourth year monitoring data; (2) A comprehensive analysis of all data collected pursuant to Provision C.8. since the previous Integrated Monitoring Report, and may include other pertinent studies;
(3) For POCs, the report shall include methods, data, calculations, load estimates, and source estimates for each POC parameter, as applicable; and (4) The Integrated Monitoring Report shall include a budget summary for each monitoring requirement and recommendations for future monitoring.
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vi. Standard Report Content – All monitoring reports shall include the following:
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CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
(1) The purpose of the monitoring and briefly describe the study design rationale; (2) Quality Assurance/Quality Control summaries for sample collection and analytical methods, including a discussion of any limitations of the data; (3) Brief descriptions of sampling protocols and analytical methods; (4) Sample location description, including water body name and segment and latitude and longitude coordinates; (5) Sample ID, collection date (and time if relevant), media (e.g., water, filtered water, bed sediment, tissue); (6) Concentrations detected, measurement units, and detection limits; (7) Assessment, analysis, and interpretation of the data for each monitoring program component; (8) A listing of volunteer and other non-Permittee entities whose data are included in the report; and (9) Assessment of compliance with applicable water quality standards D
C.9. Pesticides Toxicity Control
To prevent the impairment of urban streams by pesticide-related toxicity, the Permittees shall implement a pesticide toxicity control program that addresses, within their jurisdictions, their own and others’ use of pesticides that pose a threat to water quality and that have the potential to enter the municipal conveyance system.
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This provision implements requirements of the TMDL for Diazinon and Pesticide- Related Toxicity for Urban Creeks in the region. The TMDL includes urban runoff allocations for Diazinon of 100 ng/l and for pesticide-related toxicity of 1.0 Acute Toxicity Units (TUa) and 1.0 Chronic Toxicity Units (TUc) to be met in urban creek waters. U.S. EPA phased out urban uses of diazinon in the mid-2000s, and diazinon is no longer detected in urban creeks in the region.
Pesticide-related toxicity continues to occur, because State and federal pesticide regulatory programs, as currently implemented, allow pesticides to be used in ways that cause or contribute to aquatic toxicity. In adopting the TMDL implementation plan, the Water Board recognized that (1) Permittees must control their own use of pesticides, but Permittees are not solely responsible for attaining the allocations, because their authority to regulate others’ pesticide use is constrained by federal and State law; and (2) because a realistic date for achieving allocations cannot be discerned given the current framework for pesticide regulation, reviewing the implementation strategy every five years, at permit reissuance, is the appropriate timeline. Accordingly, the Permittees’ requirements for addressing the allocations are set forth in the TMDL implementation plan and are included in this provision.
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Urban-use pesticides of concern to water quality include: diamides (chlorantraniliprole and cyantraniliprole); diuron, fipronil and its degradates; indoxacarb; organophosphorous insecticides (chlorpyrifos, diazinon, and malathion); pyrethroids (metofluthrin, bifenthrin, cyfluthrin, beta-cyfluthrin, cypermethrin, deltamethrin, esfenvalerate, lambda- cyhalothrin, and permethrin); and carbamates (e.g., carbaryl and aldicarb).
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C.9.a. Maintain and Implement an Integrated Pest Management (IPM) Policy or Ordinance and Standard Operating Procedures All Permittees have developed a pesticide toxicity control program for use of pesticides in municipal operations and on municipal property based on the concepts of IPM40 and have adopted an IPM policy or ordinance and standard operating procedures to implement the policy or ordinance.
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i. Task Description – The Permittees shall implement their IPM policies or ordinances and standard operating procedures and update their IPM policies or ordinances and standard operating procedures as needed to ensure their use of pesticides do not cause or contribute to pesticide-caused toxicity in receiving waters.
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ii. Implementation - Each Permittee shall require municipal employees and contractors to adhere to its IPM policy or ordinance and standard operating procedures in all the Permittee’s municipal operations and on all municipal property.
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iii. Reporting
(1) In their Annual Reports, the Permittees shall certify they are implementing their IPM policy or ordinance and standard operating procedures, report trends in quantities and types of pesticide active ingredients used, and explain any increases in use of pesticides of concern to water quality as listed in the introduction section of this Provision. Trends and quantities of pesticide active ingredient usage shall be reported beginning with the September 2017 Annual Report.
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CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
(2) In their Annual Reports, the Permittees shall provide a brief description (e.g., one or two sentences) of two IPM tactics or strategies implemented in the reporting year. Examples could include non-chemical strategies such as monitoring, mowing weeds, mulching, and redesign of problematic landscapes; preventive actions such as sealing holes and gaps in structures, improving sanitation, and outreach to employees about how their actions contribute to pest presence; and examples of integration of several strategies into a cohesive whole, such as tackling a rat problem by educating building occupants, improving sanitation, trimming trees away from buildings, sealing holes in the structure, and trapping rodents. To the extent possible, different IPM actions should be described each year, so that a range of IPM actions is described over the permit term.
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(3) IPM policies or ordinances and IPM standard operating procedures shall be submitted to the Water Board upon request. B C.9.b. Train Municipal Employees
i. Task Description– The Permittees shall ensure that all municipal employees who, within the scope of their duties, apply or use pesticides are trained in IPM practices and the Permittee’s IPM policy or ordinance and standard operating procedures. This training may also include other training opportunities such as Bay-Friendly Landscape Maintenance Training & Qualification Program, provided both structural and landscape pest control training are provided.
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ii. Reporting
(1) In their Annual Reports, the Permittees shall report the percentage of municipal employees who apply pesticides who have received training in their IPM policy or ordinance and IPM standard operating procedures within the last year. This report shall briefly describe the nature of the training, such as tailgate training provided by a Permittee’s IPM coordinator, IPM training through the Pesticide Applicators Professional Association, etc.
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(2) The Permittees shall submit training materials (e.g., course outline, date, and list of attendees) upon request. B C.9.c. Require Contractors to Implement IPM
i. Task Description – The Permittees shall hire IPM-certified contractors or include contract specifications requiring contractors to implement IPM, so that all contractors practice IPM on municipal properties. The Permittees shall observe contractor pesticide applications to verify that contractors implement their contract specifications in accordance with the Permittee’s IPM policies or ordinance and standard operating procedures. Permittees shall note that contractor certification as a pest control advisor (PCA) alone is not evidence of IPM implementation. Similarly, IPM certifications awarded to a pest control company may not guarantee an individual employee will always use IPM strategies. Thus, periodic Permittee observation of contractor performance is necessary.
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ii. Implementation – Permittees shall periodically monitor their contractors’ activities to verify full implementation of IPM techniques. This shall include, at a minimum, evaluation of lists of pesticides and amounts of active ingredient used.
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iii. Reporting – In their Annual Reports, the Permittees shall state how they verified contractor compliance with IPM policies and any actions taken or needed to correct contractor performance.
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C.9.d. Interface with County Agricultural Commissioners B i. Task Description – The Permittees shall maintain communications with county agricultural commissioners to (a) get input and assistance on urban pest management practices and use of pesticides, (b) inform them of water quality issues related to pesticides, and (c) report any observed or citizen-reported violations of pesticide regulations (e.g., illegal handling and applications of pesticides) associated with stormwater management, particularly the California Department of Pesticide Regulation (DPR) surface water protection regulations for outdoor, nonagricultural use of pyrethroid pesticides by any person performing pest control for hire (http://www.cdpr.ca.gov/docs/legbills/rulepkgs/11- 004/text_final.pdf).
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ii. Reporting – In their Annual Reports, the Permittees shall briefly describe the communications they have had with county agricultural commissioners and report followup actions to correct violations of pesticide regulations.
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C.9.e. Public Outreach
i. Task Description – Permittees shall undertake outreach programs to (a) encourage communities within the Permittee’s jurisdiction to reduce their reliance on pesticides that threaten water quality; (b) encourage public and private landscape irrigation management that minimizes pesticide runoff; and (c) promote appropriate disposal of unused pesticides.
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ii. Implementation – The Permittees shall conduct each of the following: D (1) Point of Purchase Outreach: The Permittees shall: D SAN FRANCISCO BAY REGION MUNICIPAL STORMWATER NPDES PERMIT - MRP 2.0 R2-2015-0049 ATTACHMENT "A"
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
• Conduct outreach to consumers at the point of purchase; • Provide targeted information on proper pesticide use and disposal, potential adverse impacts on water quality, and less toxic methods of pest prevention and control; and
• Participate in and provide resources for the “Our Water, Our World” program or a functionally-equivalent pesticide use reduction outreach program.
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(2) Pest Control Contracting Outreach: The Permittees shall conduct outreach to residents who use or contract for structural pest control and landscape professionals by (a) explaining the links between pesticide usage and water quality; and (b) providing information about IPM in structural pest management certification programs and landscape professional trainings; and (c) disseminating tips for hiring structural pest control operators and landscape professionals, such as the tips prepared by the University of California Extension IPM Program (UC-IPM).
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(3) Outreach to Pest Control Professionals: The Permittees shall conduct outreach to pest control operators, urging them to promote IPM services to customers and to become IPM-certified by Ecowise Certified or a functionally-equivalent certification program. Permittees are encouraged to work with the Pesticide Applicators Professional Association; the California Association of Pest Control Advisors; DPR; county agricultural commissioners; UC-IPM; BASMAA; EcoWise Certified Program (or functionally equivalent certification program); Bio-integral Resource Center and others to promote IPM to pest control operators.
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iii. Reporting – In each Annual Report, Permittees shall describe their actions taken in the three outreach categories above. Outreach conducted at the county or regional level shall be described in Annual Reports prepared at that respective level; reiteration in individual Permittee reports is discouraged.
Reports shall include a brief description of outreach conducted in each of the three categories, including level of effort, messages and target audience. (The effectiveness of outreach efforts shall be evaluated only once in the Permit term, as required in Provision C.9.f.).
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C.9.f. Track and Participate in Relevant Regulatory Processes i. Task Description – The Permittees shall conduct the following activities, which may be done at a county, regional, or state wide level: D (1) The Permittees shall track U.S. EPA pesticide evaluation and registration activities as they relate to surface water quality and, when necessary, encourage U.S. EPA to coordinate implementation of the Federal Insecticide, Fungicide, and Rodenticide Act and the CWA and to accommodate water quality concerns within its pesticide registration process; D
(2) The Permittees shall track DPR pesticide evaluation activities as they relate to surface water quality and, when necessary, encourage DPR to coordinate implementation of the California Food and Agriculture Code with the California Water Code and to accommodate water quality concerns within its pesticide evaluation process;
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(3) The Permittees shall assemble and submit information (such as monitoring data) as needed to assist DPR and county agricultural commissioners in ensuring that pesticide applications comply with WQS; and D
(4) As appropriate, the Permittees shall submit comment letters on U.S. EPA and DPR re-registration, re-evaluation, and other actions relating to pesticides of concern for water quality.
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ii. Reporting – In their Annual Reports, the Permittees shall summarize participation efforts, information submitted, and how regulatory actions were affected. Permittees who contribute to a county, regional, or state wide effort shall submit one report at the county or regional level. Duplicate reporting is discouraged.
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C.9.g. Evaluate Implementation of Pesticide Source Control Actions i. Task Description – This task is necessary to gauge how effective the implementation actions taken by Permittees are in (a) achieving TMDL targets and (b) avoiding future pesticide-related toxicity in urban creeks. Once during the permit term, Permittees shall conduct a thoughtful evaluation of their IPM efforts, how effective these efforts appear to be, and how they could be improved.
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CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
ii. Implementation – The Permittees shall evaluate the effectiveness of the pesticide control measures implemented by their staff and contractors, evaluate attainment of pesticide concentration and toxicity targets for water and sediment from monitoring data (collected by Permittees, research agencies, and/or State agencies), and identify additions and/or improvements to existing control measures needed to attain targets, with an implementation time schedule.
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iii. Reporting – In their 2019 Annual Reports, the Permittees shall submit this evaluation, which shall include an assessment of the effectiveness of their IPM efforts required in Provisions C.9.a-e and g; a discussion of any improvements made in these efforts in the preceding five years; and any changes in water quality regarding pesticide toxicity in urban creeks. This evaluation shall also include a brief description of one or more pesticide-related area(s) the Permittee will focus on enhancing during the subsequent permit term. Work conducted at the county or regional level shall be evaluated at that respective level; reiteration in individual Permittee evaluation reports is discouraged.
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C.10. Trash Load Reduction
The Permittees shall demonstrate compliance with Discharge Prohibition A.1, for trash discharges, Discharge Prohibition A.2, and trash-related Receiving Water Limitations through the timely implementation of control measures and other actions to reduce trash loads from municipal separate storm sewer systems in accordance with the requirements of this provision. Flood management agencies are not subject to these trash reduction requirements except for continued implementation of requirements for trash full capture systems and Trash Hot Spot cleanups, as specified in subsections C.10.b.i and C.10.c.
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C.10.a. Trash Reduction Requirements
Permittees shall implement trash load reduction control actions in accordance with the following schedule and trash generation area management requirements, including mandatory minimum full trash capture systems, to meet the goal of 100 percent trash load reduction or no adverse impact to receiving waters from trash by July 1, 2022.
i. Schedule – Permittees shall reduce trash discharges from 2009 levels, described below, to receiving waters in accordance with the following schedule:
a. 70 percent by July 1, 2017; and
b. 80 percent by July 1, 2019.
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In addition, Permittees should achieve 60 percent reduction by July 1, 2016. This is not a mandatory deadline; rather, it shall be used as a performance guideline to meet the mandatory July 1, 2017 deadline. Permittees that do not attain the 60 percent performance guideline shall submit documentation of a plan and schedule of implementation of additional trash load reduction control actions that will attain the July 1, 2017 deadline.
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ii. Trash Generation Area Management – Permittees shall demonstrate attainment of the C.10.a.i trash discharges percentage-reduction requirements by management of mapped trash generation areas within their jurisdictions delineated on Trash Generation Area Maps included with their Long Term Trash Reduction Plans, submitted in February 2014, in accordance with the requirements and accounting set forth in this provision. The February 2014 maps provide the 2009 trash levels and delineate trash generation areas within Permittees’ jurisdictions into the following trash generation rate categories D
Low = less than 5 gal/acre/yr; Moderate = 5-10 gal/acre/yr; High = 10-50 gal/acre/yr; and Very High = greater than 50 gal/acre/yr.
Permittees also designated trash management areas on their February 2014 maps encompassing one or more trash generation areas, within which they will implement trash control actions. Permittees shall have an opportunity to correct and/or revise, based on improved information, the 2009 trash levels and trash generation areas in their February 2014 maps by submitting the correction and/or revision no later than the 2016 Annual Report deadline.
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SAN FRANCISCO BAY REGION MUNICIPAL STORMWATER NPDES PERMIT - MRP 2.0 R2-2015-0049 ATTACHMENT "A"
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
a. Permittees shall implement trash prevention and control actions, including full trash capture systems or other trash management actions, or combinations of actions, with trash discharge control equivalent to or better than full trash capture systems, to reduce trash generation to a Low trash generation rate or better. Actions equivalent to full trash capture means actions that send no more trash down the storm drain system than a full trash capture device would allow, which is essentially no trash discharge except in very large storm flows. The C.10.a.i percent reductions shall be demonstrated by percent of 2009 Very High, High, and Moderate trash generation areas reduced to lower trash generation categories or Low trash generation by the C.10.a.i mandatory deadlines.
B
b. Permittees shall ensure that lands that they do not own or operate, but that are plumbed directly to their storm drain systems in Very High, High, and Moderate trash generation areas are equipped with full trash capture systems or are managed with trash discharge control actions equivalent to or better than full trash capture systems. The efficacy of the latter shall be assessed with visual assessments in accordance with C.10.b.ii. If there is a full trash capture device downstream of these lands, no other trash control is required. Permittees shall map the location, or otherwise record the location, of all such lands greater than 10,000 ft2 that are plumbed directly to their storm drain systems by July 1, 2018, including the trash control status of these areas.
This information shall be retained by the Permittees for inspection upon request.
D
iii. Mandatory Minimum Full Trash Capture Systems - Permittees shall install and maintain a mandatory minimum number of full trash capture devices, to treat runoff from an area equivalent to 30 percent of retail/wholesale land area, as documented by the Association of Bay Area Governments, which drains to the storm drain system within their jurisdictions. A city Permittee with a population less than 12,000 and retail/wholesale land less than 40 acres, or a population less than 2,000, is exempt from this full trash capture requirement. Table 2 in Attachment E contains the minimum amount of drainage areas that must be treated with full trash capture devices by each city or county Permittee, and the minimum number of trash capture devices required to be installed and maintained by flood management agency Permittees.
D
A full capture system is any single device or series of devices that traps all particles retained by a 5 mm mesh screen and has a design treatment capacity of not less than the peak flow rate resulting from a one-year, one-hour, storm in the sub-drainage area or designed to carry at least the same flow as the storm drain connected to the inlet. The device(s) must also have a trash reservoir large enough to contain a reasonable amount of trash safely without overflowing trash into the overflow outlet between maintenance events. Types of systems certified by the State Water Resources Control Board are deemed full capture systems. A stormwater treatment facility implemented in accordance with Provision C.3 is also deemed a full capture system if the facility, including its maintenance prevents the discharge of trash to the downstream MS4 and receiving waters and discharge points from the facility, including overflows, are appropriately screened or otherwise configured to meet the full trash capture screening specification for storm flows up to the full trash capture one year, one hour storm hydraulic specification (C.10.a.iii.).
D
C.10.b. Demonstration of Trash Reduction Outcomes
i. Full Trash Capture Systems – Permittees shall maintain, and provide for inspection and review upon request, documentation of the design, operation, and maintenance of each of their full trash capture systems, including the mapped location and drainage area served by each system.
D
SAN FRANCISCO BAY REGION MUNICIPAL STORMWATER NPDES PERMIT - MRP 2.0 R2-2015-0049 ATTACHMENT "A"
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
a. Maintenance – The maintenance of each full capture device shall be adequate to prevent plugging, including plugging of the 5 mm screen leading to trash overflow and bypass, flooding, or a full condition of the device’s trash reservoir causing bypassing of trash. All full trash capture devices shall be inspected and maintained at least once per year. All such devices in high or very high trash generation areas shall be inspected at least two times per year, with the inspections spaced at least three months or more apart. If this frequency of inspection is found excessive after two inspections, the inspection frequency can be reduced to once per year. If any such device is found to have a plugged or blinded screen or is greater than 50 percent full of trash during a maintenance event, the maintenance frequency shall be increased so that the device is neither plugged nor more than half full of trash at the next maintenance event.
D
b. Maintenance Records – Permittees shall retain device specific maintenance records, including, at a minimum: the date(s) of maintenance, the capacity condition of the device at the time of maintenance (full and overflowing or with storage capacity remaining), any special problems such as flooding, screen blinding or plugging from leaves, plastic bags, or other debris causing overflow, damage reducing function, or other negative conditions. A summary of this information shall be reported in each Annual Report which may be limited to the number of full capture devices maintained that exhibited a plugged, full or overflowing condition upon maintenance.
D
c. Certification – Permittees shall certify annually that each of their full trash capture systems is operated and maintained to meet full trash capture system requirements. Drainage areas served by an adequately maintained full trash capture system will be considered equivalent to or better than a Low trash generation area.
D
ii. Other Trash Management Actions – Permittees shall maintain, and provide for inspection and review upon request, documentation of non-full trash capture system trash control actions that verifies implementation of each action. Permittees shall also conduct assessment of the action that verifies effectiveness of the action or combination of actions and maintain, and provide for inspection and review upon request, documentation of assessments.
B
a. Implementation Documentation – Permittees shall maintain documentation of trash control actions that describes each action or combination of actions, the level of implementation, the timing and frequency of implementation, standard operating procedures if applicable, location(s) of implementation actions including mapped location(s) and drainage area(s) affected or description of areal extent, tracking and enforcement procedures if applicable, and other information relevant to effective implementation of the action or combination of actions.
B
b. Visual Assessment of Outcomes of Other Trash Management Actions – Permittees shall conduct visual on-land assessment, including photo documentation, or other acceptable assessment method (see C.10.b.ii.b.(iv.)), of each trash generation area within which it is implementing other trash management actions or combination of actions other than full trash capture, to determine or verify the effectiveness of the action or combination of actions. Permittees may assess and account for one or more trash generation areas in a single trash management area within which a control action or combination of control actions is implemented. The visual on-land assessment method used shall meet or exceed the following criteria:
B
(i)Conduct observations within a trash management area of the sidewalk, curb and gutter, or locations associated with trash generation sources. B (ii)Conduct observations at randomly selected locations covering at least ten percent of a trash management area’s street miles; or conduct observations at strategic locations with justification they are representative of trash generation in the management area and they will represent the effectiveness of the control action(s) implemented or planned in the management area.
B
(iii)Conduct observations at a frequency consistent with known or estimated trash generation rate(s) within a trash management area and the time frequency of implementation of the control action(s) implemented or planned in the management area. Conduct observations for effectiveness approximately at the halfway point of the interval between instances of recurring trash control actions such as street sweeping and on-land cleanup.
B
SAN FRANCISCO BAY REGION MUNICIPAL STORMWATER NPDES PERMIT - MRP 2.0 R2-2015-0049 ATTACHMENT "A"
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
(iv)Permittees may put forth substantive and credible evidence that certain management actions or sets of management actions when performed to a specified performance standard yield a certain trash reduction outcome reliably. Such a proposal shall be made to the Executive Officer as a submittal separate from any other submittals or reports. If this evidence is accepted by the Executive Officer, the Permittees may claim a similar trash reduction outcome by demonstrating that they have performed these trash reduction actions within certain trash management areas to the same performance standard accepted by the Executive Officer.
B
iii. Percentage Discharge Reduction – Percentage discharge reduction from 2009 from Very High generation areas reduced to High, Moderate, and Low, High generation areas reduced to Moderate and Low, and Moderate trash generation areas reduced to Low trash generation category to meet the required total percent reduction (%Reduction) shall be calculated based on the following formula:
% Reduction = 100 [(12AVH(2009) + 4AH(2009) + AM(2009)) - (12AVH + 4AH + AM)] / (12AVH2009 + 4AH2009 + AM2009)
where:
AVH(2009) = total amount of the 2009 very high trash generation category jurisdictional area AH(2009) = total amount of the 2009 high trash generation category jurisdictional area AM(2009) = total amount of the 2009 moderate trash generation category jurisdictional area AVH = total amount of very high trash generation category jurisdictional area in the reporting year AH = total amount of high trash generation category jurisdictional area in the reporting year AM = total amount of moderate trash generation category jurisdictional area in the reporting year 12 = Very High to Moderate weighing ratio
4 = High to Moderate weighing ratio
100 = fraction to percentage conversion factor
iv. Source Control – Permittee jurisdiction-wide actions to reduce trash at the source, particularly persistent trash items, may be valued toward trash load reduction compliance by up to ten percent load reduction total for all such actions. To claim a load percentage reduction value, Permittees must provide substantive and credible evidence that these actions reduce trash by the claimed value. A Permittee may reference studies in other jurisdictions if it provides evidence that the implementation of source control in its jurisdiction is similarly implemented as the source control assessed in the reference studies.
B
v. Receiving Water Monitoring – Permittees shall conduct receiving water monitoring and develop receiving water monitoring tools and protocols and a monitoring program designed, to the extent possible, to answer the following questions:
D
SAN FRANCISCO BAY REGION MUNICIPAL STORMWATER NPDES PERMIT - MRP 2.0 R2-2015-0049 ATTACHMENT "A"
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
• Have a Permittee’s trash control actions effectively prevented trash within a Permittee’s jurisdiction from discharging into receiving water(s)? • Is trash present in receiving water(s), including transport from one receiving water to another, e.g., from a creek to a San Francisco Bay segment, at levels that may cause adverse water quality impacts?
• Are trash discharges from a Permittee’s jurisdiction causing or contributing to adverse trash impacts in receiving water(s)? • Are there sources outside of a Permittee’s jurisdiction that are causing or contributing to adverse trash impacts in receiving water(s)? The monitoring tools and protocols shall include direct measurements and/or observations of trash in receiving water(s), or in scenarios where direct measurements or observations are not feasible, surrogates for trash in receiving waters, such as measurement or observations of trash on stream banks or shorelines.
D
a. Development and Testing Plan – Permittees shall submit a plan acceptable to the Executive Officer by July 1, 2017, to develop and test a proposed receiving water monitoring program that includes the following:
D
(i)Description of the tools and protocols; D
(ii)Description of discharge and receiving water scenarios, which will be considered, that accounts for the various receiving waters and watershed, community, and drainage characteristics within Permittees’ jurisdictions that affect the discharge of trash and its fate and effect in receiving water(s); D
(iii)Description of factors, in addition to those in C.10.b.v.a.(ii), that will be considered and evaluated to determine scenarios and spatial and temporal representativeness;
D
(iv)Identification of sites, representative of all the Permittees and discharge and receiving water scenarios, that will be monitored during this permit term; D (v)Development of a system to manage and access monitoring results; D (vi)Opportunity for input and participation by interested parties; D (vii) Scientific peer review of the tools and protocols and testing results; and D (viii) Schedule for development and testing; with monitoring at representative sites starting no later than October 2017. D If the Permittees conduct this work through an independent third party, approved by the Executive Officer, the Plan may be submitted by July 2018, with monitoring to begin no later than October 2018.
D
b. Report and Proposed Monitoring Program – Permittees shall report progress in the 2018 Annual Report, and submit a preliminary report by July 1, 2019 and a final report by July 1, 2020 on the proposed trash receiving water monitoring program. The progress report is not required if the Permittees conduct this work through an independent third party, approved by the Executive Officer, that provides input and participation by interested parties and scientific peer review of the tools and protocols and testing results and proposed receiving monitoring program.
D
C.10.c. Trash Hot Spot Selection and Cleanup
Trash Hot Spots in receiving waters shall be cleaned annually to achieve the multiple benefits of abatement of impacts and to learn more about the sources and transport routes of trash loading.
D
ii. Trash Hot Spot Cleanup and Definition – The Permittees shall clean selected Trash Hot Spots to a level of “no visual impact” at least one time per year for the term of the permit. Trash Hot Spots shall be sections of creek or shoreline significantly impacted by trash of at least 100 yards of creek length or 200 yards of shoreline length.
D
SAN FRANCISCO BAY REGION MUNICIPAL STORMWATER NPDES PERMIT - MRP 2.0 R2-2015-0049 ATTACHMENT "A"
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
iii.Trash Hot Spot Assessments – The Permittees shall quantify the volume of material removed from each Trash Hot Spot cleanup and attempt to identify sources to the extent readily feasible. Documentation of the cleanup activity to be retained by the Permittee shall include the trash condition before and after cleanup of the entire hot spot using photo documentation with a minimum of one photo per 100 feet of hot spot length and the total volume of trash and litter removed from the hot spot. Permittees shall report the volume removed for the most recent five years of hot spot cleanup in each Annual Report, or if a new trash hot spot location is selected, Permittees shall report the volume removed for the years of cleanup of that hotspot.
D
C.10.d. Trash Load Reduction Plans
Each Permittee shall maintain, and provide for inspection and review upon request, a Trash Load Reduction Plan, including an implementation schedule to meet the
C.10.a Trash Load Reduction requirements. A summary of any new revisions to the Plan shall be included in the Annual Report. The Plan shall describe trash load reduction control actions being implemented or planned and the trash generation areas or trash management areas where the actions are or will be implemented, including jurisdiction-wide actions, such as source control ordinances The Plans may include actions to control sources outside of the Permittee’s jurisdiction that are causing or contributing to adverse trash impacts in the receiving water(s). Permittees who choose to implement such control actions may account for them towards meeting the C.10.a Trash Load Reduction requirements as long as they can demonstrate the controls will be sustained and they quantify the sustained load reduction benefit relative to control actions in the trash generation areas or trash management areas in their jurisdiction that drained to the affected receiving water.
B
C.10.e. Optional Trash Load Reduction Offset Opportunities i. Additional Creek and Shoreline Cleanup – A Permittee may offset part of its provision C.10.a trash load percent reduction requirement by conducting additional cleanup of creek and shoreline areas beyond trash hot spot cleanups required by C.10.c if the additional cleanup efforts are conducted at a frequency of at least twice per year and sufficient to demonstrate sustained improvement of the creek or shoreline area. The maximum offset that may be claimed is ten percent.
A Permittee may claim a load reduction offset of one percent for each total of trash volume removed from additional cleanups that is three and a third percent
B
for the 2016 performance guideline and 2017 mandatory trash load reduction deadline, and ten percent for the 2019 mandatory trash load reduction deadline, of the Permittee’s 2009 trash load volume estimates, based on its trash generation maps and average categorical trash generation rates (see C.10.a.ii), in accordance with the following formula:
B
1% Reduction Offset (Volume) = (12 AVH(2009) + 4 AH(2009) + AM(2009)) OF where: B 1% Reduction Offset (Volume) = (12 AVH(2009) + 4 AH(2009) + AM(2009)) OF where: B SAN FRANCISCO BAY REGION MUNICIPAL STORMWATER NPDES PERMIT - MRP 2.0 R2-2015-0049 ATTACHMENT "A"
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
AVH(2009) = total amount of 2009 very high trash generation category jurisdictional area
AH(2009) = total amount of 2009 high trash generation category jurisdictional area AM(2009) = total amount of 2009 moderate trash generation category jurisdictional area 12 = Very High to Moderate weighing ratio
4 = High to Moderate weighing ratio
OF = offset factor equal to (7.5 x 0.033) for the 2016 performance guideline and 2017 mandatory trash load reduction deadline, where 7.5 is the conversion from acres to gallons based on trash generation rates and 0.033 is the three to one offset ratio, or (7.5 x 0.1) for the 2019 mandatory trash load reduction deadline, where 7.5 is the conversion from acres to gallons based on trash generation rates and 0.1 is the ten to one offset ratio.
B
ii. Direct Trash Discharge Controls – A Permittee may offset an additional part of its provision C.10.a trash load percent reduction requirement by implementing a comprehensive plan approved by the Executive Officer for control of direct discharges of trash to receiving waters from non-storm drain system sources. The maximum offset that may be claimed is fifteen percent using the C.10.e.i formula. The plan shall be submitted not later than February 1 of the first year in which the offset will be reported in the following Annual Report and shall include the following:
B
a. description of sources of the directly discharged trash; b. description of control actions that will be implemented during the permit term to prevent or reduce direct discharge trash loads in a systematic and comprehensive manner;
c. map of the affected receiving water area and associated watershed; and d. description of how effectiveness of controls will be assessed, including documentation of controls, quantification of trash volume controlled, and assessment of resulting improvements to receiving water conditions.
B
C.10.f. Reporting
Each Permittee shall provide the following in each Annual Report:
i. A summary of trash control actions within each trash management area, including the types of actions, levels of implementation, areal extent of implementation, and whether the actions are ongoing or new, including initiation date.
D
ii. Upon request by the Executive Officer, an updated trash generation area map or maps, which include trash management areas, including the locations and associated drainage areas and of full trash capture systems and other trash control actions, and the location of Trash Hot Spots, with highlight or other indication of any revisions or changes from the previous year map(s). These maps can be used to illustrate progress toward achieving the trash reduction requirements in C.10.a.i
D
SAN FRANCISCO BAY REGION MUNICIPAL STORMWATER NPDES PERMIT - MRP 2.0 R2-2015-0049 ATTACHMENT "A"
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
iii. Should a Permittee correct and/or revise its 2009 trash generation map submitted in February 2014, the corrected or revised 2009 trash generation map shall be submitted in the 2016 Annual Report, if the Permittee has not already submitted the corrected or revised map. Certification that each of its full trash capture systems is operated and maintained to meet full trash capture system requirements; a description of any systems that did not meet full trash capture system requirements (e.g., due to plugging or overflowing); and any corrective actions taken.
D
iv. An accounting of its non-full trash capture system trash control actions assessments by providing a summary description of assessments in each of its trash management areas, including the number and dates of observations.
D
v. An accounting of progress toward or attainment of C.10.a.i trash discharge reduction performance guidelines and mandatory deadlines using the C.10.a.ii trash generation area mapping methodology and formula.
D
a. If a Permittee cannot demonstrate attainment of the 2016 performance guideline, it shall submit a detailed plan and schedule of implementation of additional trash load reduction control actions that will attain the 2017 mandatory deadline.
D
b. If a Permittee cannot demonstrate attainment of the 2017 or 2019 mandatory trash load reduction deadline, it shall submit a report of non-compliance with the associated Annual Report, or in advance of the Annual Report, that describes actions to comply with the mandatory reduction deadline in a timely manner. The report shall include a plan and schedule for implementation of full trash capture systems sufficient to attain the required reduction. A Permittee may submit a plan and schedule for implementation of other trash management actions to attain the required reduction in an area where implementation of a full trash capture system is not feasible. In such cases, the report shall include identification of the area and documentation of the basis of the Permittee’s determination that implementation of a full trash capture system is not feasible.
D
vi. In the 2018 Annual Report, progress on development and testing of the receiving water monitoring program. D vii. The volume removed for the most recent five years of hot spot cleanup for each of its trash hot spots, or for the years of cleanup if a new trash hot spot location has been selected.
D
viii. For Permittees claiming a C.10.e.i offset, based on additional cleanup of creek and shoreline areas, a summary description of the additional cleanup actions.
D
ix. For Permittees claiming a C.10.e.ii offset, based on non-storm drain system trash controls, a summary description of control actions receiving water assessment results, quantification of trash volume controlled, and assessment of resulting improvements in receiving water condition, the claimed offset and documentation of information used in the C.10.e.i formula.
D
C.11. Mercury Controls
The Permittees shall implement the following control program for mercury. The Permittees shall perform the control measures (source control, treatment control, and pollution prevention strategies) and report on those control measures according to the provisions below. The provisions implement the urban runoff requirements of the San Francisco Bay and Guadalupe River Watershed mercury TMDLs and reduce mercury loads to make substantial progress toward achieving the urban runoff mercury load allocations established for the TMDLs. The aggregate, regionwide, urban runoff wasteload allocation from the San Francisco Bay mercury TMDL is 82 kg/yr. The TMDL implementation plan calls for attainment of the allocation by February 2028 and, as a way to measure progress, attainment of an interim loading milestone by February 2018 of 120 kg/yr, halfway between the 2003 estimated load, 160 kg/yr, and the aggregate allocation. The Permittees may comply with any requirement of this provision through a collaborative effort.
B
C.11.a. Implement Control Measures to Achieve Mercury Load Reductions i. Task Description – Permittees shall implement mercury source and treatment control measures and pollution prevention strategies to reduce mercury loads throughout the area covered by this Permit (permit-area).
B
ii. Implementation level – To comply with this provision element, Permittees shall:
SAN FRANCISCO BAY REGION MUNICIPAL STORMWATER NPDES PERMIT - MRP 2.0 R2-2015-0049 ATTACHMENT "A"
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
(1) Identify the watersheds or portions of watersheds (management areas) in which mercury control measures are currently being implemented and those in which new control measures will be implemented during the term of this Permit (many or most may be the same watersheds as those identified for C.12.a.ii(1));
D
(2) Identify the control measures that are currently being implemented and those that will be implemented in each watershed and management area (may be the same as those identified for C.12.a.ii(2));
D
(3) Submit a schedule of control measure implementation; and D (4) Implement mercury source and treatment control measures and pollution prevention strategies and quantify mercury load reductions achieved by using the accounting methods established according to provision C.11.b.
D
iii. Reporting
(1) The Permittees shall report by April 1, 2016, progress toward developing a list of the watersheds and management areas where mercury control measures are currently being implemented and those in which control measures will be implemented (C.11.a.ii(1)) during the term of this Permit as well as the monitoring data and other information used to select these watersheds and management areas.
D
(2) The Permittees shall report in their 2016 Annual Report the list of watersheds and management areas where control measures are currently being implemented or will be implemented during the term of the Permit (C.11.a.ii(1)) along with the specific control measures (C.11.a.ii(2)) that are currently being implemented and those that will be implemented in these watersheds and management areas and an implementation schedule (C.11.a.ii(3)) for these control measures. In addition to the list of watersheds and management areas, this report shall include:
D
a. The number, type, and locations and/or frequency (if applicable) of control measures; b. The description, scope, and start date of pollution prevention measures; c. For each structural control and non-structural BMP, interim implementation progress milestones (e.g., construction milestones for structural BMPs or other relevant implementation milestones for structural and non-structural BMPs) and a schedule for milestone achievement; and d. Clear statements of the roles and responsibilities of each participating Permittee for implementation of pollution prevention or control measures identified under C.11.a.ii(2).
D
(3) Beginning with the 2017 Annual Report and continuing in all Annual Reports, Permittees shall update all the information required under C.11.a.iii(2) as necessary to account for new control measures implemented, but not described, in the 2016 Annual Report.
D
C.11.b. Assess Mercury Load Reductions from Stormwater
i. Task Description – The Permittees shall develop and implement an assessment methodology and data collection program to quantify in a technically sound manner mercury loads reduced through implementation of pollution prevention, source control, and treatment control measures, including mercury source control, stormwater treatment, green infrastructure, and other measures. The Permittees shall use the assessment methodology to demonstrate progress toward achieving the load reductions required in this Permit term and the program area wasteload allocations.
D
A reasonable and technically sound load reduction accounting system is described in the Fact Sheet and is based on information submitted by the Permittees in the January 2014 Integrated Monitoring Report. This task consists of documenting the method described in the Fact Sheet or any alternative methodology, updating and refining the accounting system to account for new information, justifying assumptions, analytical methods, sampling schemes and parameters used to quantify the load reduction for each type of control measure, and indicating what information will be collected and submitted to confirm the calculated load reduction for each control measure implemented.
D
ii. Implementation Level – The Permittees shall adequately quantify the mercury load reductions achieved through implementing pollution prevention, source control, and treatment control efforts.
D
iii. Reporting D
SAN FRANCISCO BAY REGION MUNICIPAL STORMWATER NPDES PERMIT - MRP 2.0 R2-2015-0049 ATTACHMENT "A"
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
(1) In their 2016 Annual Report the Permittees shall submit, for Executive Officer approval, the assessment methodology and data collection program required in C.11.b.i.
D
(2) Beginning with the 2017 Annual Report, Permittees shall report annually the loads reduced using the default (from Fact Sheet) or alternative approved assessment methodology to demonstrate cumulative mercury load reduced from each control measure implemented since the beginning of the Permit term. Permittees shall submit all supporting data and information necessary to substantiate the load reduction estimates, including appropriate reference to the control measures described in the reporting required under C.11.a.
D
(3) In their 2018 and subsequent Annual Reports, the Permittees shall submit, for Executive Officer approval, any refinements, if necessary, to the measurement and estimation methodologies to assess mercury load reductions in the subsequent permit.
D
C.11.c. Plan and Implement Green Infrastructure to reduce mercury loads i. Task Description – Permittees shall implement green infrastructure projects during the term of the Permit to achieve the mercury load reductions performance criteria in Table 11.1. Green infrastructure projects on both public and private land can serve to achieve this load reduction requirement.
Additionally, Permittees shall prepare a reasonable assurance analysis (see below and Fact Sheet) to demonstrate quantitatively that mercury load reductions of at least 10 kg/yr will be achieved by 2040 through implementation of green infrastructure throughout the permit-area.
C
ii. Implementation Level
(1) The Permittees shall implement sufficient green infrastructure projects so that mercury loads are collectively reduced by 48 g/yr by June 30, 2020, which shall be extended to December 31, 2020, if the Permittees provide documentation that control measures that will attain the load reduction will be implemented by December 31, 2020. Permittees shall demonstrate achievement of these load reductions by using the accounting methods approved under provision C.11.b.iii(1). Load reductions from green infrastructure projects implemented prior to the effective date of this Permit may be counted toward the required green infrastructure reductions of this Permit term if these projects were established and implemented during the Previous Permit term, but load reductions from the activity were not realized or credited during the Previous Permit term.
C
The Permittees may meet the load reduction as a group. The load reduction requirements summed over all Permittees within each county are set forth in Table 11.1. If neither the permit-area-wide total load reduction nor the county-specific load reduction is achieved, Permittees shall achieve load reductions consistent with their share of the county total. The individual Permittee share of the county load reduction is the proportion of county population in each municipality.
C
If all the Permittees in a county wish to use an alternative method of distributing the county load reductions, these Permittees shall report through their countywide stormwater programs on their alternative method (if different from default population-based method) for assigning Permittee- specific load fractions in the 2017 Annual Report. This can be determined by the Permittees within the counties and may be different from one county to the next, but all Permittees within a county shall use the same method of distributing the county load reductions. Any acceptable alternative load reduction criteria must be approved through an amendment of this Permit.
C
Table 11.1 Mercury Load Reduction Performance Criteria via Green Infrastructure Implementation by County County Permittees Mercury Load
Reduction (g/yr)
by June 30, 2020,
through green
infrastructure
Alameda Permittees 15
Contra Costa Permittees 9
San Mateo Permittees 6
SAN FRANCISCO BAY REGION MUNICIPAL STORMWATER NPDES PERMIT - MRP 2.0 R2-2015-0049 ATTACHMENT "A"
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
Santa Clara Permittees 16
Solano Permittees: Suisun City, Vallejo, Fairfield 2
Totals 48
(2) Permittees shall prepare a reasonable assurance analysis of future mercury load reductions by doing the following: B a. Quantify the relationship between areal extent of green infrastructure implementation and mercury load reductions. This quantification should take into consideration the scale of contamination of the treated area as well as the pollutant removal effectiveness of likely green infrastructure strategies.
B
b. Estimate the amount and characteristics of land area that will be treated through green infrastructure by 2020, 2030, and 2040. B c. Estimate the amount of mercury load reductions that will result from green infrastructure implementation by 2020, 2030, and 2040. B d. Quantitatively demonstrate that mercury reductions of at least 10 kg/yr will be realized by 2040 through implementation of green infrastructure projects.
e. Ensure that the calculation methods, models, model inputs, and modeling assumptions used to fulfill C.11.c.ii(2)(a-d) have been validated through a peer review process.
B
iii. Reporting
(1) The Permittees shall submit in their 2018 Annual Report, as part of reporting for C.11.b.iii(2), the quantitative relationship between green infrastructure implementation and mercury load reductions. This submittal shall include all data used and a full description of models and model inputs relied on to establish this relationship.
B
(2) The Permittees shall submit in their 2020 Annual Report an estimate of the amount and characteristics of land area that will be treated through green infrastructure implementation by 2020, 2030, and 2040. This submittal shall include all data used and a full description of models and model inputs relied on to generate this estimate.
B
(3) The Permittees shall submit in their 2020 Annual Report a reasonable assurance analysis to demonstrate quantitatively that mercury reductions of at least 10 kg/yr will be realized by 2040 through implementation of green infrastructure projects. This submittal shall include all data used and a full description of models and model inputs relied on to make the demonstration and documentation of peer review of the reasonable assurance analysis.
B
(4) The Permittees shall submit as part of reporting for C.11.b.iii(2), beginning with their 2019 Annual Report, an estimate of the amount of mercury load reductions resulting from green infrastructure implementation during the term of the Permit. This submittal shall include all data used and a full description of models and model inputs relied on to generate this estimate.
B
(5) All Permittees in a county may submit, in the 2017 Annual Report, an alternative (different from the population-based default described in C.11.c.ii(1)) and supporting information to derive Permittee-specific proportions of load reduction criteria.
B
C.11.d. Prepare Implementation Plan and Schedule to Achieve TMDL Allocations i. Task Description– Permittees shall prepare a plan and schedule for mercury control measure implementation and reasonable assurance analysis demonstrating that sufficient control measures will be implemented to attain the mercury TMDL wasteload allocations by 2028. This plan may share many elements of a similar plan developed for PCBs according to Provision C.12.d.
B
ii. Implementation level – Permittees shall prepare a mercury control measure implementation plan and corresponding reasonable assurance analysis that demonstrates quantitatively that the plan will result in mercury load reductions sufficient to attain the mercury TMDL wasteload allocations by 2028. The plan must:
B
(1) Identify all technically and economically feasible mercury control measures (including green infrastructure projects) to be implemented; B (2) Include a schedule according to which these technically and economically feasible control measures will be fully implemented; and B (3) Provide an evaluation and quantification of the mercury load reduction of such measures as well as an evaluation of costs, control measure efficiency and significant environmental impacts resulting from their implementation.
B
iii. Reporting
Permittees shall submit the plan and schedule in the 2020 Annual Report. B C.11.e. Implement a Risk Reduction Program
SAN FRANCISCO BAY REGION MUNICIPAL STORMWATER NPDES PERMIT - MRP 2.0 R2-2015-0049 ATTACHMENT "A"
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
i. Task Description – The Permittees shall conduct an ongoing risk reduction program to address public health impacts of mercury in San Francisco Bay/Delta fish. The fish risk reduction program shall take actions to reduce actual and potential health risks in those people and communities most likely to consume San Francisco Bay-caught fish, such as subsistence fishers and their families. The risk reduction framework developed in the Previous Permit term, which funded community-based organizations to develop and deliver appropriate communications to appropriately targeted individuals and communities, is an appropriate approach.
D
ii. Implementation Level D
(1) At a minimum, Permittees shall conduct or cause to be conducted an ongoing risk reduction program with the potential to reach 3000 individuals annually who are likely consumers of San Francisco Bay- caught fish. Permittees are encouraged to collaborate with San Francisco Bay industrial and wastewater discharger agencies in meeting this requirement.
D
(2) In year four of the permit term, Permittees shall evaluate the effectiveness of their risk reduction program. D iii. Reporting – The Permittees shall report on the status of the risk reduction program in each of their Annual Reports, including a brief description of actions taken, an estimate of the number of people reached, and why these people are deemed likely to consume Bay fish. The Permittees shall report the findings of the effectiveness evaluation of their risk reduction program in their 2020 Annual Report.
D
C.12. Polychlorinated Biphenyls (PCBs) Controls
The Permittees shall implement the following control program for PCBs. The Permittees shall implement PCBs control measures (source control, treatment control, and pollution prevention strategies) in areas where benefits are most likely to accrue (focused implementation) and report on those control measures according to the provisions below. The provisions implement the urban runoff requirements of the PCBs TMDL. Permittees shall reduce PCBs loads by a specified amount during the term of the Permit, thereby making substantial progress toward achieving the urban runoff PCBs wasteload allocation in the Basin Plan. The allocation, on an aggregate and regionwide basis, is 2 kg/yr (1.6 kg/yr allocated to Permittees) to be achieved by March 2030. This wasteload allocation represents a load reduction from all urban runoff sources to the Bay of approximately 18 kg/yr (14.4 kg/yr from Permittees) compared to loads estimated using data collected in 2003. The Permittees may comply with any requirement of this Provision through a collaborative effort.
B
C.12.a. Implement Control Measures to Achieve PCBs Load Reductions. i. Task Description – Permittees shall implement PCBs source and treatment control measures and pollution prevention strategies to achieve PCBs load reductions in Table 12.1 throughout the area covered by this Permit (permit-area).
B
ii. Implementation level –To comply with this provision element, Permittees shall:
(1) Identify the watersheds or portions of watersheds (management areas) in which PCBs control measures are currently being implemented and those in which new control measures will be implemented during the term of this permit; B
(2) Identify the control measures that are currently being implemented and those that will be implemented in each watershed and management area; B (3) Submit a schedule of control measure implementation; and B (4) Implement sufficient control measures to achieve the permit-area-wide reduction stated below or the county-specific load reduction performance criteria shown in Table 12.1. The Permittees shall demonstrate achievement of these load reductions as required in provision C.12.b. Load reductions from control measures implemented prior to the effective date of this Permit may be counted toward the required reductions of this Permit term if these control measures were established or implemented during the Previous Permit term, but load reductions from the activity were not realized or credited during the Previous Permit term (e.g., they were implemented after the 2014 Integrated Monitoring Report was submitted).
B
For all Permittees combined, these county-specific average annual PCBs load reduction performance criteria shall total 0.5 kg/yr by June 30, 2018, and 3.0 kg/yr by June 30, 2020. The June 30, 2020, deadline shall be extended to December 31, 2020, if the Permittees provide documentation that control measures that will attain the load reduction will be implemented by December 31, 2020. The Fact Sheet describes the amount of PCBs load reduction benefit associated with implementing a number of control measures.
B
The Permittees may meet the load reductions as a group. The load reduction requirements summed over all Permittees within each county are set forth in Table 12.1. If neither the permit-area-wide total load reduction criteria nor the county-specific load reduction criterion is achieved, Permittees shall achieve load reductions consistent with their share of the county total. The individual Permittee share of the county load reduction performance criteria is the proportion of county population in each municipality.
B
SAN FRANCISCO BAY REGION MUNICIPAL STORMWATER NPDES PERMIT - MRP 2.0 R2-2015-0049 ATTACHMENT "A"
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
If all the Permittees in a county wish to use an alternative method of distributing the county load reductions, these Permittees shall report through their countywide stormwater programs on their alternative method (if different from default population-based method) for assigning Permittee-specific load fractions in the 2017 Annual Report. This can be determined by the Permittees within the counties and may be different from one county to the next, but all Permittees within a county shall use the same method of distributing the county load reductions. Any acceptable alternative load reduction criteria must be approved through an amendment of this Permit.
B
iii. Reporting
(1) The Permittees shall report by April 1, 2016, progress toward developing a list of the watersheds and management areas where PCBs control measures are currently being implemented and those in which control measures will be implemented (C.12.a.ii(1)) during the term of this Permit as well as the monitoring data and other information used to select these watersheds and management areas. This list should include watersheds containing contaminated sites referred to the Water Board as well.
D
(2) The Permittees shall report in their 2016 Annual Report the list of watersheds and management areas where control measures are currently being implemented or will be implemented during the term of the Permit (C.12.a.ii(1)) along with the specific control measures (C.12.a.ii(2)) that are currently being implemented and those that will be implemented in these watersheds and management areas and an implementation schedule (C.12.a.ii(3)) for these control measures. In addition to the list of watersheds and management areas, this report shall include:
D
a. The number, type, and locations and/or frequency (if applicable) of control measures; D b. A cumulative listing of all potentially PCB-contaminated sites Permittees have discovered and referred to the Water Board to date, with a brief D c. The description, scope, and start date, of PCBs control measures; D d. For each structural control and non-structural BMP, interim implementation progress milestones (e.g., construction milestones for structural controls or other relevant implementation milestones for structural controls and non-structural BMPs) and a schedule for milestone achievement; and D
e. Clear statements of the roles and responsibilities of each participating Permittee for implementation of pollution prevention or control measures identified under C.12.a.ii(2).
D
(3) Beginning with the 2017 Annual Report and continuing in all Annual Reports, Permittees shall update all the information required under C.12.a.iii(2) as necessary to account for new control measures implemented but not described in the 2016 Annual Report.
D
(4) All Permittees in a county may submit, in the 2017 Annual Report, an alternative (different from the default described in C.12.a.ii(4)) and supporting information to derive Permittee-specific proportions of load reduction criteria.
D
C.12.b. Assess PCBs Load Reductions from Stormwater
i. Task Description – The Permittees shall develop, document, and implement an assessment methodology and data collection program to quantify in a technically sound manner PCBs loads reduced through implementation of pollution prevention, source control, and treatment control measures, including PCBs source control, stormwater treatment, green infrastructure and other measures. The Permittees shall use the assessment methodology to demonstrate progress toward achieving the load reductions required in this Permit term and the program area wasteload allocations.
B
A reasonable and technically sound load reduction accounting system is described in the Fact Sheet and is based on information submitted by Permittees in the January 2014 Integrated Monitoring Report. This task consists of documenting the method described in the Fact Sheet or any alternative methodology, updating and refining the accounting system to account for new information, justifying assumptions, analytical methods, sampling schemes and parameters used to quantify the load reduction for each type of control measure, and indicating what information will be collected and submitted to confirm the calculated load reduction for each unit of activity.
D
SAN FRANCISCO BAY REGION MUNICIPAL STORMWATER NPDES PERMIT - MRP 2.0 R2-2015-0049 ATTACHMENT "A"
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
ii. Implementation Level – The Permittees shall adequately quantify the PCBs load reductions achieved through all the pollution prevention, source control, and treatment control measures Permittees will implement in this Permit term, except for measures to manage PCB-containing materials and wastes during building demolitions (C.12.f).
D
For this Permit term, the Permittees will receive a total of 2000 g/yr (2 kg/yr) PCBs load reduction value if they have developed and implemented effective protocols for managing PCB-containing materials during demolition so that PCBs do not drain into the MS4 as required in provision C.12.f. The 2000 g/yr PCBs load reduction value shall be in furtherance of meeting the June 30, 2020, 3000 g/yr requirement in Table 12.1.
B
The Permittee-specific portion of the 2000 g/yr PCBs load reduction value shall be based on the proportion of county population in each municipality. If all the Permittees in a county wish to use an alternative method of distributing the county load reductions for managing PCB-containing materials during demolition, these Permittees shall report through their countywide stormwater programs on their alternative method (if different from default populationbased method) for assigning Permittee-specific load fractions in the 2019 Annual Report. This can be determined by the Permittees within the counties and may be different from one county to the next, but all Permittees within a county shall use the same method of distributing the county load reductions.
Any acceptable alternative load reduction criteria must be approved through an amendment of this Permit.
B
iii. Reporting
(1) In their 2016 Annual Report the Permittees shall submit for approval by the Executive Officer the assessment methodology and data collection program required in C.12.b.i. and described in C.12.b.ii.
D
(2) Beginning with the 2017 Annual Report, Permittees shall report annually the loads reduced using the default (from the Fact Sheet) or alternative approved assessment methodology to demonstrate cumulative PCBs load reduced from each control measure implemented since the beginning of the Permit term. Permittees shall submit all supporting data and information necessary to substantiate the load reduction estimates, including appropriate reference to the control measures described in the reporting required under C.12.a.
D
(3) In their 2018 and subsequent Annual Reports, the Permittees shall submit, for Executive Officer approval, any refinements, if necessary, to the measurement and estimation methodologies to assess PCBs load reductions in the subsequent Permit.
D
(4) All Permittees in a county may submit, in the 2019 Annual Report, an alternative (different from the default population-based method) and supporting information to derive Permittee-specific shares of load reduction value associated with implementation of C.12.f.
D
C.12.c. Plan and Implement Green Infrastructure to reduce PCBs loads i. Task Description – Permittees shall implement green infrastructure projects during the term of the Permit to achieve PCBs load reduction performance criteria in Table 12.2 in furtherance of meeting the 3000 g/year load reduction criteria required in C.12.a.ii.(4) and Table 12.1. Green infrastructure projects on both public and private land can serve to achieve this load reduction requirement. Additionally, Permittees shall prepare a reasonable assurance analysis (see below and the Fact Sheet) to demonstrate quantitatively that PCBs load reductions of at least 3 kg/yr will be achieved by 2040 through implementation of green infrastructure throughout the permit-area.
C
Table 12.2 PCBs Load Reduction Performance Criteria via Green Infrastructure Implementation by County ii. Implementation Level
(1) The Permittees shall implement green infrastructure projects so that PCBs loads are collectively reduced by 120 g/yr by June 30, 2020, which shall be extended to December 31, 2020, if the Permittees provide documentation that control measures that will attain the load reduction will be implemented by December 31, 2020. Permittees shall demonstrate achievement of these load reductions by using the accounting methods approved under provision C.12.b.iii(1). Load reductions from green infrastructure projects implemented prior to the effective date of this Permit may be counted toward the required green infrastructure reductions of this Permit term if these projects were established and implemented during the Previous Permit term, but load reductions from the activity were not realized or credited during the Previous Permit term.
C
SAN FRANCISCO BAY REGION MUNICIPAL STORMWATER NPDES PERMIT - MRP 2.0 R2-2015-0049 ATTACHMENT "A"
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
The Permittees may meet the load reduction as a group. The load reduction requirements summed over all Permittees within each county are set forth in Table 12.2. If neither the permit-area-wide total load reduction nor the county-specific load reduction is achieved, Permittees shall achieve load reductions consistent with their share of the county total under provision C.12.a.ii(4).
C
(2) Permittees shall prepare a reasonable assurance analysis that demonstrates how green infrastructure will be implemented in order to achieve a PCBs load reduction of 3 kg/yr across the permit-area by 2040. This analysis shall include the following:
C
a. Quantify the relationship between areal extent of green infrastructure implementation and PCBs load reductions, taking into consideration the scale of contamination of the treated area as well as the pollutant removal effectiveness of likely green infrastructure strategies; C
b. Estimate the amount and characteristics of land area that will be treated through green infrastructure by 2020, 2030, and 2040; C c. Estimate the amount of PCBs load reductions that will result from green infrastructure implementation by 2020, 2030, and 2040; C d. Quantitatively demonstrate that PCBs reductions of at least 3 kg/yr will be realized by 2040 through implementation of green infrastructure projects; and
C
e. Ensure that the calculation methods, models, model inputs and modeling assumptions used to fulfill C.12.c.ii(2)a-d have been validated through a peer review process.
C
iii. Reporting
(1) The Permittees shall submit in their 2018 Annual Report, as part of reporting for C.12.b.iii(3), the quantitative relationship between green infrastructure implementation and PCBs load reductions. This submittal shall include all data used and a full description of models and model inputs relied on to establish this relationship.
B
(2) The Permittees shall submit in their 2020 Annual Report an estimate of the amount and characteristics of land area that will be treated through green infrastructure implementation by 2020, 2030, and 2040. This submittal shall include all data used and a full description of models and model inputs relied on to generate this estimate.
B
(3) The Permittees shall submit in their 2020 Annual Report a reasonable assurance analysis to demonstrate quantitatively that PCBs reductions of at least 3 kg/yr will be realized by 2040 through implementation of green infrastructure projects. This submittal shall include all data used and a full description of models and model inputs relied on to make the demonstration and documentation of peer review of the reasonable assurance analysis.
B
(4) The Permittees shall submit as part of reporting for C.12.b.iii(4), beginning with their 2019 Annual Report an estimate of the amount of PCBs load reductions resulting from green infrastructure implementation during the term of the Permit. This submittal shall include all data used and a full description of models and model inputs relied on to generate this estimate.
B
C.12.d. Prepare Implementation Plan and Schedule to Achieve TMDL Wasteload Allocations i. Task Description – Permittees shall prepare a plan and schedule for PCBs control measure implementation and reasonable assurance analysis demonstrating that sufficient control measures will be implemented to attain the PCBs TMDL wasteload allocations by 2030.
D
ii. Implementation level – Permittees shall prepare a PCBs control measures implementation plan and corresponding reasonable assurance analysis that demonstrates quantitatively that the plan will result in PCBs load reductions sufficient to attain the PCBs TMDL wasteload allocations by 2030. The plan must:
D
(1) Identify all technically and economically feasible PCBs control measures to be implemented (including green infrastructure projects); and B (2) Include a schedule according to which these technically and economically feasible control measures will be fully implemented; and B (3) Provide an evaluation and quantification of the PCBs load reduction of such measures as well as an evaluation of costs, control measure efficiency and significant environmental impacts resulting from their implementation.
B
iii. Reporting
Permittees shall submit the plan and schedule in the 2020 Annual Report. D C.12.e. Evaluate PCBs Presence in Caulks/Sealants Used in Storm Drain or Roadway Infrastructure in Public Rights-of-Way SAN FRANCISCO BAY REGION MUNICIPAL STORMWATER NPDES PERMIT - MRP 2.0 R2-2015-0049 ATTACHMENT "A"
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
i. Task Description –Permittees shall collect samples of caulk and other sealants used in storm drains and between concrete curbs and street pavement and investigate whether PCBs are present in such material and in what concentrations. PCBs are most likely present in material applied during the 1970s, so the focus of the investigations should be on structures installed during this era.
C
ii. Implementation Level
Permittees shall collect at least 20 composite samples (throughout the permit-area) of the caulks and sealants used in storm drains or roadway infrastructure in public
rights-of-way and analyze this material for PCBs in such a way as to be able to detect a minimum PCBs concentration of 200 parts per billion. This sampling and analysis will count toward partial fulfillment of the monitoring effort aimed at finding PCBs sources (see management information need in C.8.f). iii. Reporting
Permittees shall report on the results (including all data gathered) of this investigation no later than the 2018 Annual Report.
C.12.f. Manage PCB-Containing Materials and Wastes During Building Demolition Activities So That PCBs Do Not Enter Municipal Storm Drains i. Task Description – Permittees shall develop and implement or cause to be developed and implemented an effective protocol for managing materials with PCBs concentrations of 50 ppm or greater in applicable structures at the time such structures undergo demolition so that PCBs do not enter MS4s.
PCBs from these structures can enter storm drains during and/or after demolition through vehicle track- out, airborne releases, soil erosion, or stormwater runoff.
C
Applicable structures include, at a minimum, commercial, public, institutional and industrial structures constructed or remodeled between the years 1950 and 1980 with building materials with PCBs concentrations of 50 ppm or greater. Single-family residential and wood frame structures are exempt.
C
A Permittee is exempt from this requirement if it provides evidence acceptable to the Executive Officer that the only structures that existed pre-1980 within its jurisdiction were single-family residential and/or wood-frame structures.
C
ii. Implementation Level
(1) The Permittees shall develop a protocol by June 30, 2019, that includes each of the following components, at a minimum: B a. The necessary authority to ensure that PCBs do not enter MS4s from PCB- containing materials in applicable structures at the time such structures undergo demolition;
b. A method for identifying applicable structures prior to their demolition; and c. Method(s) for ensuring PCBs are not discharged to the storm drain from demolition of applicable structures.
B
(2) By July 1, 2019, and thereafter, the Permittees shall implement or cause to be implemented the PCBs management protocol for ensuring PCBs are not discharged to MS4s from demolition of applicable structures via vehicle track- out, airborne releases, soil erosion, or stormwater runoff.
B
(3) By July 1, 2019, Permittees shall develop an assessment methodology and data collection program to quantify in a technically sound manner PCBs loads reduced through implementation of the protocol for controlling PCBs during demolition of applicable structures.
B
iii. Reporting
(1) In their 2016, 2017, and 2018 Annual Reports, the Permittees shall summarize the steps they have taken to begin implementing this requirement, which could include working with State and local agencies on inter-agency coordination regarding building demolitions, developing ordinances or policies, obtaining information materials, updating or supplementing permit application materials, developing a tracking tool for potential PCB-containing structures, and training relevant staff as needed to comply with this sub-provision.
B
(2) Each Permittee seeking exemption from C.12.f requirements must submit in its 2017 Annual Report documentation, such as historic maps or other historic records, that clearly demonstrates that the only structures that existed pre-1980 within its jurisdiction were single-family residential and/or woodframe structures.
B
SAN FRANCISCO BAY REGION MUNICIPAL STORMWATER NPDES PERMIT - MRP 2.0 R2-2015-0049 ATTACHMENT "A"
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
(3) In their 2020 Annual Report, the Permittees shall provide documentation demonstrating implementation with each of the minimum requirements in C.12.f.ii(1)(a)-(c).
B
(4) In their 2020 Annual Report and thereafter, the Permittees shall provide documentation of each of the following items:
a. The number of applicable structures that applied for a demolition permit during the reporting year; and b. A running list of the applicable structures that applied for a demolition permit (since the date the PCBs control protocol was implemented) that had material(s) with PCBs at 50 ppm or greater, with the address, demolition date, and brief description of PCBs control method(s) used.
B
(5) In their 2020 Annual Report, Permittees shall submit an assessment methodology and data collection program to quantify PCBs loads reduced through implementation of the protocol for controlling PCBs during building demolition. This should be reported at the regional level on behalf of all Permittees.
B
C.12.g. Fate and Transport Study of PCBs: Urban Runoff Impact on San Francisco Bay Margins i. Task Description –The Permittees shall conduct or cause to be conducted studies concerning the fate, transport, and biological uptake of PCBs discharged from urban runoff to San Francisco Bay margin areas.
D
ii. Implementation Level - The specific information needs include understanding the in-Bay transport of PCBs discharged in urban runoff, the sediment and food web PCBs concentrations in margin areas receiving urban runoff, the influence of urban runoff on the patterns of food web PCBs accumulation, especially in Bay margins, and the identification of drainages where urban runoff PCBs are particularly important in food web accumulation.
D
iii. Reporting-The Permittees shall submit in their 2017 Annual Report a workplan describing the specific manner in which these information needs will be accomplished and describing the studies to be performed with a preliminary schedule. The Permittees shall report on status of the studies in their 2018 Annual Report. The Permittees shall report in the March 15, 2020, Integrated Monitoring Report the findings and results of the studies completed, planned, or in progress as well as implications of studies on potential control measures to be investigated, piloted or implemented in future permit cycles.
D
C.12.h Implement a Risk Reduction Program
i. Task Description –The Permittees shall conduct an ongoing risk reduction program to address public health impacts of PCBs in San Francisco Bay/Delta fish. The fish risk reduction program shall take actions to reduce actual and potential health risks in those people and communities most likely to consume San Francisco Bay-caught fish, such as subsistence fishers and their families. The risk reduction framework developed in the Previous Permit term, which funded community-based organizations to develop and deliver appropriate communications to appropriately targeted individuals and communities, is an appropriate approach. Permittees should work with local health departments, the Bay Area Clean Water Agencies, and the Western States Petroleum Association to leverage resources for this program and to appropriately target at-risk populations.
D
ii. Implementation Level
(1) At a minimum, Permittees shall conduct or cause to be conducted an ongoing risk reduction program with the potential to reach 3,000 individuals annually who are likely consumers of San Francisco Bay-caught fish. Permittees are encouraged to collaborate with San Francisco Bay industrial and wastewater discharger agencies in meeting this requirement.
D
(2) In year four of the Permit term, Permittees shall evaluate the effectiveness of their risk reduction program. D iii. Reporting-The Permittees shall report on the status of the risk reduction program in each of their Annual Reports, including a brief description of actions taken, an estimate of the number of people reached, and why these people are deemed likely to consume Bay fish. The Permittees shall report the findings of the effectiveness evaluation of their risk reduction program in their 2020 Annual Report.
D
C.13. Copper Controls
The Permittees shall implement the following control program for copper. The Permittees shall implement the control measures and accomplish the reporting on those control measures according to the provisions below. The purpose of these provisions is to implement the control measures identified in the Basin Plan amendment necessary to support the copper site-specific objectives in San Francisco Bay. The Permittees may comply with any requirement of C.13 Provisions through a collaborative effort.
B
SAN FRANCISCO BAY REGION MUNICIPAL STORMWATER NPDES PERMIT - MRP 2.0 R2-2015-0049 ATTACHMENT "A"
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
C.13.a. Manage Waste Generated from Cleaning and Treating of Copper Architectural Features, Including Copper Roofs, during Construction and PostConstruction. i. Task Description – The Permittees shall prohibit the discharge of wastewater to storm drains generated from the installation, cleaning, treating, and washing of the surface of copper architectural features, including copper roofs.
C
ii. Implementation Level
(1) The Permittees shall require, when issuing building permits, use of appropriate BMPs for managing waste during and post-construction. (2) The Permittees shall educate installers and operators on appropriate BMPs for managing copper-containing wastes. (3) The Permittees shall enforce against noncompliance.
C
iii. Reporting
(1) In the 2016 Annual Report, the Permittees shall certify that legal authority currently exists to prohibit the discharge of wastewater to storm drains generated from the installation, cleaning, treating, and washing of copper architectural features, including copper roofs.
D
(2) In the 2016 Annual Report, the Permittees shall report how copper architectural features are addressed through the issuance of building permits. D (3) The Permittees shall report annually permitting and enforcement activities. D C.13.b. Manage Discharges from Pools, Spas, and Fountains that Contain Copper-Based Chemicals i. Task Description – Permittees shall prohibit discharges to storm drains from pools, spas, and fountains that contain copper-based chemicals. D ii. Implementation Level – The Permittees shall either: 1) require installation of a sanitary sewer discharge connection for pools, spas, and fountains, including connection for filter backwash, with a proper permit from the POTWs; or 2) require diversion of discharge for use in landscaping or irrigation.
D
iii. Reporting
(1) In the 2016 Annual Report, the Permittees shall certify that legal authority currently exists to prohibit the discharges to storm drains of water containing copper-based chemicals from pools, spas, and fountains.
D
(2) In the 2016 Annual Report, the Permittees shall report how copper- containing discharges from pools, spas, and fountains are addressed to accomplish the prohibition of the discharge.
D
(3) The Permittees shall report annually on any enforcement activities D C.13.c. Industrial Sources
i. Task Description – The Permittees shall ensure industrial facilities do not discharge elevated levels of copper to storm drains by ensuring, through industrial facility inspections, that proper BMPs are in place.
D
ii. Implementation Level D
(1) As part of industrial site controls required by Provision C.4, the Permittees shall identify facilities likely to use copper or have sources of copper (e.g., plating facilities, metal finishers, auto dismantlers) and include them in their inspection program plans.
D
(2) The Permittees shall educate industrial inspectors on industrial facilities likely to use copper or have sources of copper and proper BMPs for them. D (3) As part of the industrial inspection, inspectors shall ensure that proper BMPs are in place at such facilities to minimize discharge of copper to storm drains, including consideration of roof runoff that might accumulate copper deposits from ventilation systems on site.
D
SAN FRANCISCO BAY REGION MUNICIPAL STORMWATER NPDES PERMIT - MRP 2.0 R2-2015-0049 ATTACHMENT "A"
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
iii. Reporting D
The Permittees shall highlight copper reduction results in the industrial inspection component in the C.13 portion of each Annual Report. D C.14. City of Pacifica and San Mateo County Fecal Indicator Bacteria Controls The City of Pacifica (City) and San Mateo County (County) Permittees shall implement Provision C.14 for fecal indicator bacteria. The City and County shall implement fecal indicator bacteria control measures in areas where benefits are most likely to accrue (focused implementation) and report on those control measures according to this provision. The goal of this provision is to implement the urban runoff (stormwater runoff and dry weather flows) requirements of the San Pedro Creek (Creek) and Pacifica State Beach (Beach) Indicator Bacteria TMDL (TMDL) and reduce exceedances of the bacterial water quality objectives for the water contact recreation beneficial use during the term of the Permit, thereby making substantial progress toward achieving the TMDL wasteload allocations. The wasteload allocations and the dates they must be attained by are listed in Table 14.1 below. The City and County may comply with any requirement of this provision through a collaborative effort.
NA
1. Allowable exceedances are calculated by multiplying exceedance rates observed in the Reference System(s) by the Number of Days during each respective period in the reference year (1994).
2. To end up with whole numbers, where the fractional remainder for the calculated allowable exceedance days exceeds 0.1, the number of days is rounded up.
3. To determine the allowable number of exceedance events given a weekly sampling regime, as practiced for monitoring San Pedro Creek and Pacifica State Beach, the number of exceedance days was adjusted by solving for “X” in the following equation: X = (exceedance days x 52 weeks) / 365 days.
4. Wet weather is defined as any day with 0.1 inches of rain or more and the following three days.
NA
C.14.a. Implement Control Measures to Achieve Indicator Bacteria Wasteload Allocations. i. Task Description – The City and County shall implement bacteria control measures and pollution prevention strategies to prevent or reduce discharges of bacteria from their storm drain systems to meet the stormwater TMDL wasteload allocations in the San Pedro Creek watershed and Pacifica State Beach Indicator Bacteria TMDL (TMDL Project Area).
NA
ii. Implementation Level – In order to comply with this provision element:
SAN FRANCISCO BAY REGION MUNICIPAL STORMWATER NPDES PERMIT - MRP 2.0 R2-2015-0049 ATTACHMENT "A"
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
(1) The County shall effectively prohibit potential illicit discharges into its storm sewer system from sanitary sewer overflows or the sanitary sewer lines within its jurisdiction.
NA
(2) The County shall address bacteria discharges from the existing and future commercial horse and dog kennel facilities (facilities) into its storm sewer sytem within its jurisdiction as follows:
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(a) Conduct annual site inspections of each facility for code compliance by June 30 of each year, beginning in 2016. (b) Conduct an annual compliance review of each facility’s current manure, stormwater, and drainage management plans by June 30 of each year, beginning in 2016.
(c) Enforcement actions for noncompliant facilities will be in line with the County’s Confined Animal Ordinance.
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(3) The City shall address bacteria discharges from the existing and future commercial horse facilities (facilities) within its jurisdiction as follows: NA (a) Review each facility’s compliance with the City’s Administrative Policy on “Standards for Keeping Animals.” (b) Review each facility’s compliance with the City’s Municipal Code on “Animal Excreta.” (c) Conduct annual compliance review and inspection of each facility by June 30 of each year, beginning in 2016. (d) Take progressive enforcement action(s), as needed, to bring noncompliant facilities into compliance with the City’s Administrative Policy on “Standards for Keeping Animals” and Municipal Code on “Animal Excreta.” (4) The City shall install new dog waste clean-up signs, waste bag dispensers, and trash cans at a minimum of 10 (ten) high priority locations within the TMDL Project Area (each site to receive all three elements: sign, bag dispenser, and trash can, unless some of the elements are already in place) by June 30, 2016. The high priority sites for these installations shall be determined via visual inspections of popular dog walking areas and their potential to discharge improperly deposited dog waste to the Creek or Beach.
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(5) The City shall develop and implement a visual inspection and cleanup plan for high dog waste accumulation areas along San Pedro Creek and its tributaries by June 30, 2016. From April 1 through October 31, inspections and cleanups shall, at a minimum, be conducted on a quarterly basis (e.g., once each in April, July, and October). From November 1 through March 31, inspections and cleanups shall be conducted prior to forecast rain events with a forecast rainfall depth of 0.2 inches or more (as measured at Half Moon Bay Airport (KHAF) Meteorological Station), and at a frequency of no less than once a month.
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(6) The City shall develop and implement an enhanced pet waste public outreach and education campaign by June 30, 2016, that, at a minimum, includes all the following:
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CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
(a) Explore the possibility of establishing a new public pet waste management stakeholder group (e.g., formal or informal dog owners club). (b) Prepare and implement public service announcements regarding pet waste management and associated impacts to the Creek and Beach to play on the local television station and to include in print ads in the Pacifica Tribune.
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(c) Distribute a mailer with an informational brochure to residents and businesses describing proper pet waste management, the linkage of the watershed to the Creek and Beach, and the adverse impact on those water bodies and those recreating in them from improper pet waste management. (d) Add a new web page to the City website with information on the TMDL and the water quality monitoring and BMP implementation activities, as well as information about proper pet waste management and the impact of improperly deposited waste on water quality of the Creek and Beach and public health.
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(e) Create and implement a pre-rain pet waste cleanup email alert to residents, reminding them to cleanup accumulated pet waste in their yards that could otherwise get washed into the Creek and Beach.
(f) Participate in local events and festivals to distribute pet waste management materials (educational fliers, dog waste bags, etc.).
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(7) The City and County, based on the results of the source characterization and BMP effectiveness, and wasteload allocation attainment analyses described in sections C.14.b-c, shall modify or refocus control measure implementation efforts as appropriate, at a frequency of no less than every two years.
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iii. Reporting
(1) No later than March 15 of each year, the City and County shall submit a comprehensive TMDL Status and Monitoring Report, reporting on the specific control measures (as listed in section C.14.a.ii above) that have been implemented in the TMDL Project Area during the forgoing October 1 through September 30 period. This report shall include
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(a) The number, type, and locations and/or frequency (if applicable) of control measures; (b) The description, scope, and start date of pollution prevention measures; and (c) Clear statements of the responsibilities of each participating Permittee for implementation of pollution prevention or control measures.
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(2) Beginning with the 2017 TMDL Status and Monitoring Report and continuing in all TMDL Status and Monitoring Reports, the City and County shall update all the information as necessary to account for new control measures implemented, but not described in the 2016 TMDL Status and Monitoring Report or revisions to control measures.
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C.14.b. Conduct Water Quality Monitoring to Assess Attainment of Wasteload Allocations i. Task Description - The purpose of the attainment monitoring is to determine whether or not the TMDL wasteload allocations are attained NA ii. Implementation Level - In order to comply with this provision element, the City and County shall conduct attainment water quality monitoring activities as follows:
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(1) Sample Locations – Two stations shall be monitored to assess attainment of wasteload allocations for stormwater runoff and dry weather flows: the mouth of San Pedro Creek (Creek Mouth) and Pacifica State Beach (Linda Mar #5).
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(2) Sampling Frequency – The two attainment stations shall be monitored weekly on an ongoing basis for fecal indicator bacteria. The weekly sampling shall occur year-round regardless of weather conditions, provided the conditions are safe for field staff to collect the samples.
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SAN FRANCISCO BAY REGION MUNICIPAL STORMWATER NPDES PERMIT - MRP 2.0 R2-2015-0049 ATTACHMENT "A"
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
(3) Constituents –Fecal indicator bacteria species measured in freshwater samples collected from the Creek Mouth shall include E. coli and total coliform.
Fecal indicator bacteria species measured in ocean water samples collected from Linda Mar #5 station shall include enterococci, fecal coliform, and total coliform.
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iii. Reporting
(1) In their Annual TMDL Status and Monitoring Reports submitted on March 15 each year, the City and County shall analyze, summarize, and report the results of the ongoing attainment monitoring, as follows:
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(a) The City and County shall complete a data evaluation, which shall focus on determining whether the TMDL wasteload allocations are being attained in San Pedro Creek and at Pacifica State Beach.
(b) The indicator bacteria results from the attainment monitoring stations (Creek Mouth and Linda Mar #5 stations) shall be compared to applicable bacterial water quality objectives and the allowable exceedances of those objectives as specified in the TMDL (Table 14.1). (c) The data evaluation shall include tabulation and review of local rainfall data to determine whether the weekly attainment monitoring sampling events occurred during dry weather or wet weather.
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(d) An ongoing quantitative analysis of trends in bacteria densities and exceedances of applicable water quality objectives at the two attainment stations shall be conducted and reported annually.
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(e) A detailed and comprehensive assessment of wasteload allocation attainment by the end of year 4 of the Permit term shall be completed. If wasteload allocations are not achieved by the end of the Permit term, no later than 180 days prior to Permit expiration, the City and County shall submit a plan in their Report Of Waste Discharge, acceptable to the Executive Officer, that describes additional control measures or increased levels of existing control measures that will be implemented to prevent or reduce discharges of bacteria to storm drain systems to attain wasteload allocations. The plan shall include implementation methods, an implementation schedule, and proposed milestones.
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C.14.c. Conduct Water Quality Monitoring to Characterize Sources of Bacteria in The Project Area and to Assess BMP Effectiveness i. Task Description – The purpose of characterization monitoring is to better characterize indicator bacteria contributions from specific sources and to evaluate control measure effectiveness. The characterization monitoring shall provide data to:
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(1) Characterize indicator bacteria densities in subwatersheds, storm drain outfalls, and pump stations that have not been sampled in the past. Results of the investigation may be used to drive future control measure actions.
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(2) Establish baseline (or current) conditions against which future monitoring results can be compared following new or ongoing control measure implementation.
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SAN FRANCISCO BAY REGION MUNICIPAL STORMWATER NPDES PERMIT - MRP 2.0 R2-2015-0049 ATTACHMENT "A"
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
Characterization monitoring shall be conducted every other year on a water year basis (i.e., October 1 through September 30) beginning with Water Year 2016 (WY2016) (i.e., October 1, 2015 – September 30, 2016). WY2016 characterization monitoring shall assess E. coli densities throughout the San Pedro Creek watershed, with a focus on the culverted branches of the North Fork. The City and County may elect to focus on other areas with potential or suspected bacteria sources during subsequent years. In WY2016, human-, horse-, and dog-specific genetic markers shall be analyzed for a subset of the samples to investigate whether these species contribute fecal contamination to the Creek. The characterization monitoring shall be iterative in nature and allow for flexibility of design and details in future years. Subsequent years of characterization monitoring, at a minimum, shall have the same level of effort as WY2016; however, in future years, based on the results of the WY2016 monitoring, alternative sampling stations may be targeted, sampling intensities may be modified, sampling frequencies may be adjusted, and/or the species- specific genetic marker sampling may be revised.
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ii. Implementation Level – The City and County shall conduct characterization monitoring activities as follows: NA (1) Sample Locations – in WY2016, a minimum of twelve sampling stations shall be monitored. The selected sampling stations for the WY2016 characterization monitoring are divided into three separate categories, as follows:
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(a) Subwatersheds – Four subwatersheds shall be targeted in WY2016: the North Fork (three stations), Middle Fork (one station), Sanchez Fork (one station), and Main Stem (three stations);
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(b) Pump stations – The Linda Mar and Anza pump stations shall be sampled during wet weather discharge events to the Beach (during dry weather, flows entering these stations are pumped to a wastewater treatment facility and do not discharge to the Creek or Beach); NA
(c) Stormwater outfalls – The Crespi Canal, which is an engineered and concrete-lined drainage ditch, shall be sampled if it has flowing water. NA In addition to the above stations, the Creek mouth shall be also sampled during events when species-specific genetic marker samples are collected (see section C.14.c.ii.3).
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In monitoring years subsequent to the WY2016 monitoring year, based on the results of the WY2016 monitoring, the sample locations and quantity may be modified. However, in each subsequent monitoring year, a minimum of one hundred ten (110) fecal indicator bacteria samples shall be collected.
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(2) Sampling Frequency – in WY2016, the characterization stations shall be sampled a minimum of ten times over the course of the water year, as follows: NA (a) Characterization monitoring shall begin in WY2016 with the first sample collected in Winter 2016; NA (b) Wet season – Five sampling events shall be conducted during each of the wet season months (November through March). To the extent possible, wet season sampling events shall occur during wet weather, which as defined in the TMDL is any day with 0.1 inch of rain or more and the following three days;
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(c) Dry season – Five sampling events shall be conducted during the dry season on a monthly basis from May through September. NA In subsequent monitoring years, based on the results of the WY2016 monitoring, the sampling frequency may be modified. However, in each subsequent monitoring year, a minimum of one hundred ten (110) fecal indicator bacteria samples shall be collected.
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(3) Constituents – All samples shall be analyzed for E. coli. In addition, during each monitoring year (i.e., WY2016, and every other water year thereafter), at a minimum, samples collected at four stations during four sampling events (two wet season, two dry season) shall be analyzed for human-, horse-, and dog-specific genetic markers to assess whether the targeted host species contribute fecal contamination to the Creek and Beach.
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SAN FRANCISCO BAY REGION MUNICIPAL STORMWATER NPDES PERMIT - MRP 2.0 R2-2015-0049 ATTACHMENT "A"
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
(4) Monitoring Protocols and Data Quality – Where applicable, monitoring data must be SWAMP comparable. Minimum data quality shall be consistent with the latest version of the SWAMP Quality Assurance Project Plan (QAPP) for applicable parameters, including data quality objectives, field and laboratory blanks, field duplicates, laboratory spikes, and clean techniques, using the most recent SWAMP Standard Operating Procedures.
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(5) Future Revisions – Any and all changes to the characterization monitoring plan in subsequent years (e.g., WY2018, WY2020, etc.) shall be submitted to the Executive Officer for review and acceptance no later than 90 days prior to implementation.
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iii. Reporting
(1) In their Annual TMDL Status and Monitoring Reports beginning with the 2016 report submitted on March 15, 2017, and every other year’s report thereafter, the City and County shall submit a comprehensive Characterization Monitoring Report reporting on all data collected during the preceding October 1 through September monitoring period.
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(2) Data evaluation shall focus on addressing the following questions:
(a) Which land uses and/or sources contribute most to bacteria impairments in San Pedro Creek watershed? (b) Are controllable sources of fecal contamination (e.g., human, horses, and dogs) present in the San Pedro Creek watershed? (c) What are the multi-year indicator bacteria density trends in the Creek and at the Beach (i.e., do control measures appear to be reducing bacteria)? (3) As appropriate, the Report shall include the following:
(a) Immediately following the Table of Contents, a Data Tables section that includes all the data collected pursuant to Provision C.14.d. and contains the following information pertaining to the foregoing monitoring period:
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(i) A map showing all monitoring locations; NA
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CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
(ii) Immediately following the map, a single completed Locations and Parameters Table containing the following columns or rows for each location sampled: numeric site identifier, a short-hand site name such as “Creek Mouth,” latitude, longitude, and parameters assessed; NA
(iii) Immediately following the Locations and Parameters Table, a single completed Results Table containing the following columns or rows for each location sampled: the short-hand site name and datum/result for each constituent analyzed. Constituents that exceed applicable water quality objectives shall be highlighted.
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(b) For all data, a statement of the data quality NA
(c) An analysis of the data, which includes the following: NA SAN FRANCISCO BAY REGION MUNICIPAL STORMWATER NPDES PERMIT - MRP 2.0 R2-2015-0049 ATTACHMENT "A"
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
(i) Basic descriptive statistics using indicator bacteria data; (ii) Identification and evaluation of any controllable sources of fecal contamination (e.g., human, horses, and dogs) present in the San Pedro Creek watershed;
(iii) Identification and analysis of any trends in stormwater or receiving water quality; and (iv) Consideration of variability in the data sets.
(d) A discussion of the data, which shall:
(i) Discuss monitoring data relative to prior conditions, beneficial uses and applicable water quality standards as described in the Basin or the Ocean plans; (ii) Where appropriate, develop hypotheses to investigate regarding pollutant sources, trends, and BMP effectiveness; (iii) Identify and prioritize water quality problems;
(iv) Identify potential sources of water quality problems; (v) Describe followup actions;
(vi) Evaluate the effectiveness of existing control measures; and (vii) Identify management actions needed to address water quality problems.
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C.15. Exempted and Conditionally Exempted Discharges
The objective of this provision is to exempt unpolluted non-stormwater discharges from Discharge Prohibition A.1 and to conditionally exempt nonstormwater discharges that are potential sources of pollutants. In order for non-stormwater discharges to be conditionally exempted from Discharge Prohibition A.1, the Permittees must identify appropriate BMPs, monitor the non-stormwater discharges where necessary, and ensure implementation of effective control measures – as listed below – to eliminate adverse impacts to waters of the State consistent with the discharge prohibitions of the Order.
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C.15.a. Exempted Non-Stormwater Discharges (Exempted Discharges):
i. Discharge Type – In carrying out Discharge Prohibition A.1, the following unpolluted discharges are exempted from prohibition of non-stormwater discharges:
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SAN FRANCISCO BAY REGION MUNICIPAL STORMWATER NPDES PERMIT - MRP 2.0 R2-2015-0049 ATTACHMENT "A"
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
(1) Flows from riparian habitats or wetlands;
(2) Diverted stream flows;
(3) Flows from natural springs;
(4) Rising ground waters;
(5) Uncontaminated and unpolluted groundwater infiltration; (6) Single family homes’ pumped groundwater, foundation drains, and water from crawl space pumps and footing drains; (7) Pumped groundwater from drinking water aquifers (excludes well development); and (8) NPDES permitted discharges (individual or general permits).
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ii. Implementation Level – The non-stormwater discharges listed in Provision C.15.a.i above are exempted unless they are identified by the Permittees or the Executive Officer as sources of pollutants to receiving waters. If any of the above categories of discharges, or sources of such discharges, are identified as sources of pollutants to receiving waters, such categories or sources shall be addressed as conditionally exempted discharges in accordance with Provision C.15.b below.
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C.15.b. Conditionally Exempted Non-Stormwater Discharges:
The following non-stormwater discharges are also exempt from Discharge Prohibition A.1 if they are either identified by the Permittees or the Executive Officer as not being sources of pollutants to receiving waters, or if appropriate control measures to eliminate adverse impacts of such sources are developed and implemented in accordance with the tasks and implementation levels of each category of Provision C.15.b.i-vi below.
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i. Discharge Type – Pumped Groundwater, Foundation Drains, and Water from Crawl Space Pumps and Footing Drains (1) Pumped Groundwater from Non-Drinking Water Aquifers Groundwater pumped from a monitoring well, used for groundwater basin management, which is owned and/or operated by a Permittee is allowed if the following requirements are met:
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(a) Implementation Level - Twice a year (once during the wet season and once during the dry season), representative samples shall be taken from each aquifer that potentially will discharge or has discharged into a storm drain. Samples collected and analyzed for compliance in accordance with selfmonitoring requirements of other NPDES permits or sample data collected for drinking water regulatory compliance may be submitted to comply with this requirement as long as they meet the following criteria:
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SAN FRANCISCO BAY REGION MUNICIPAL STORMWATER NPDES PERMIT - MRP 2.0 R2-2015-0049 ATTACHMENT "A"
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
(i) The water samples shall meet water quality standards consistent with the existing effluent limitations or pollutant triggers in the Water Board’s NPDES Groundwater General Permit, NPDES No. CAG912002.
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(ii) The water samples shall be analyzed using approved U.S. EPA methods: (a) U.S. EPA Method 8015 Modified for total petroleum hydrocarbons; (b) U.S.
EPA Method 8260B and 8270C or equivalent for volatile and semi-volatile organic compounds; and (c) approved U.S. EPA methods to meet the triggers for the metals listed in the general permit discussed in C.15.(b)i.(1)(a)(i) above.
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(iii) The water samples shall be analyzed for pH and turbidity. If a Permittee is unable to comply with the above criteria, the Permittee shall notify the Water Board upon becoming aware of the compliance issue.
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(b) Required BMPs and Monitoring – When greater than 2,500 gallons per day of uncontaminated (meeting the criteria in C.15.b.i.(1)(a)(i)) groundwater is discharged from these monitoring wells, the following shall be implemented:
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CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
(i) Test the receiving water, upstream and downstream of the discharge point, to determine ambient turbidity and pH prior to discharging. Receiving water monitoring is not required if the discharge infiltrates into a dry creek immediately downstream. (ii) Test water samples for turbidity and pH on the first two consecutive days of dewatering. (iii) Maintain proper control of the discharge at the discharge point to prevent erosion, scouring of banks, nuisance, contamination, and excess sedimentation in the receiving waters.
(iv) Maintain proper control of the flowrate and total flow during discharge so that it will not have a negative impact on the receiving waters. (v) Appropriate BMPs shall be implemented to remove total suspended solids and silt to allowable discharge levels. Appropriate BMPs may include filtration, settling, coagulant application with no residual coagulant discharge, minor odor or color removal with activated carbon, small scale peroxide addition, or other minor treatment.
(vi) Turbidity of the discharged groundwater shall be maintained below 50 NTU for discharges to dry creeks, 110 percent of the ambient stream turbidity for a flowing stream with turbidities greater than 50 NTU, or 5 NTU above ambient turbidity for flowing streams with turbidities less than or equal to 50 NTU.
(vii) The pH of the discharged groundwater shall be maintained within the range of 6.5 to 8.5 and shall not vary from normal ambient pH by more than 0.5 pH units.
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maintained within the range of 6.5 to 8.5 and shall not vary from normal ambient pH by more than 0.5 pH units. NA (c) If the Permittee is unable to comply with the criteria in Provision C.15.b.i.(1)(b)(i)-(vii), discharge shall cease immediately and the Permittee shall employ treatment to meet the above criteria, use other means of disposal, or apply for coverage under the Water Board’s NPDES Groundwater General Permits.
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(d) Reporting – The Permittees shall maintain records of these discharges, BMPs implemented, and any monitoring data collected. NA (2) Pumped41 Groundwater, Foundation Drains, and Water from Crawl Space Pumps and Footing Drains (a) Proposed new discharges of uncontaminated groundwater at flows of 10,000 gallons/day or more and all new discharges of potentially contaminated groundwater shall be reported to the Water Board so that they can be subject to NPDES permitting requirements. Proposed new discharges of uncontaminated groundwater at flows of less than 10,000 gallons/day shall be encouraged to discharge to a landscaped area or bioretention unit that is large enough to accommodate the volume.
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SAN FRANCISCO BAY REGION MUNICIPAL STORMWATER NPDES PERMIT - MRP 2.0 R2-2015-0049 ATTACHMENT "A"
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
(b) If the groundwater cannot be discharged to a landscaped area or bioretention unit and the discharge is greater than 2,500 gallons per day, it can only be considered for discharge once the following sampling is done to verify that the discharge is uncontaminated:
(i) The discharge shall meet WQS consistent with the existing effluent limitations or pollutant triggers in theWater Board’s NPDES Groundwater General Permit, NPDES No. CAG912002.
(ii) The Permittees shall require that water samples from these discharge types be analyzed using the following approved U.S. EPA methods:
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• U.S. EPA Method 8015 Modified for total petroleum hydrocarbons, and U.S. EPA Method 8260B and 8270C or equivalent for volatile and semi-volatile organic compounds.
• The approved U.S. EPA Methods for the metals listed below that meet the corresponding Reporting Limits:
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(c) Monitoring and Required BMPs – When the discharge has been verified as uncontaminated per sampling completed in C.15.b.i.(2)(b) above, the Permittees shall require the following:
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(i) Test the receiving water, upstream and downstream of the discharge point, to determine ambient turbidity and pH prior to discharging. Receiving water monitoring is not required if the discharge infiltrates into a dry creek immediately downstream or if accessing the sampling points poses safety to personnel.
(ii) Test water samples for turbidity and pH on the first two consecutive days of dewatering. (iii) Maintain proper control of the discharge at the discharge point to prevent erosion, scouring of bank, nuisance, contamination, and excess sedimentation in the receiving waters.
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(iv) Maintain proper control of the flow rate and total flow during discharge so that it will not have a negative impact on the receiving waters. NA (v) Appropriate BMPs to render pumped groundwater free of pollutants and therefore exempted from prohibition may include the following: filtration, settling, coagulant application with no residual coagulant discharge, minor odor or color removal with activated carbon, small scale peroxide addition, or other minor treatment.
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(vi) Turbidity of discharged groundwater shall be maintained below 50 NTU for discharges to dry creeks, 110 percent of the ambient stream turbidity for a flowing stream with turbidities greater than 50 NTU, or 5 NTU above ambient turbidity for a flowing stream with turbidities less than or equal to 50 NTU.
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(vii) The pH of discharged water shall be maintained within the range of 6.5 to 8.5 and shall not vary from normal ambient pH by more than 0.5 pH units. NA (d) If a Permittee determines that a discharger or a project proponent is unable to comply with the criteria in C.15.b.i.(2)(c)(i)-(vii), the Permittee shall require the discharge to cease immediately and require that the discharger employ treatment to meet the above criteria, use other means of disposal, or apply for coverage under the Water Board’s NPDES Groundwater General Permit.
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(e) Reporting – The Permittees shall maintain records of these discharges, BMPs implemented, and any monitoring data collected NA ii. Discharge Type – Air Conditioning Condensate D
Required BMPs – Condensate from air conditioning units shall be reused or directed to landscaped areas or the ground. Discharge to a storm drain system may be allowed if discharge to landscaped areas or the ground is not feasible.
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iii. Discharge Type – Emergency Discharges of Potable Water D SAN FRANCISCO BAY REGION MUNICIPAL STORMWATER NPDES PERMIT - MRP 2.0 R2-2015-0049 ATTACHMENT "A"
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
(1) Emergency Discharges -Discharges resulting from firefighting activities. C (2) Required BMPs
(a) The Permittees shall implement or require firefighting personnel to implement BMPs for emergency discharges. However, the BMPs should not interfere with immediate emergency response operations or impact public health and safety. BMPs may include, but are not limited to, the plugging of the storm drain collection system for temporary storage, the proper disposal of water according to jurisdictional requirements, and the use of foam where there may be toxic substances on the property the fire is located. (b) During emergency situations, priority of efforts shall be directed toward life, property, and the environment (in descending order). The Permittees or firefighting personnel shall control the pollution threat from their activities to the extent that time and resources allow.
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(3) Reporting Requirements – Reporting requirements will be determined by Water Board staff on a case-by-case basis, such as for fire incidents at chemical plants.
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iv. Discharge Type – Individual Residential Car Washing D Required BMPs D
(1) The Permittees shall discourage through outreach efforts individual residential car washing within their jurisdictional areas that discharge directly into their storm drain systems.
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(2) The Permittees shall encourage individuals to direct car wash waters to landscaped areas, use as little detergent as necessary, or wash cars at commercial car wash facilities.
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v. Discharge Type – Swimming Pool, Hot Tub, Spa, and Fountain Water Discharges D (1) Required BMPs D
(a) The Permittees shall prohibit discharge of water that contains chlorine residual, copper algaecide, filter backwash or other pollutants to storm drains or to waterbodies. Such polluted discharges from pools, hot tubs, spas, and fountains shall be directed to the sanitary sewer (with the local sanitary sewer agency’s approval) or to landscaped areas that can accommodate the volume.
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(b) Discharges from swimming pools, hot tubs, spas and fountains shall be allowed into storm drain collection systems only if there are no other feasible disposal alternatives (e.g., disposal to sanitary sewer or landscaped areas) and if the discharge is properly dechlorinated to non-detectable levels of chlorine consistent with water quality standards.
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(c) The Permittees shall require that new or rebuilt swimming pools, hot tubs, spas and fountains within their jurisdictions have a connection45 to the sanitary sewer to facilitate draining events. The Permittees shall coordinate with local sanitary sewer agencies to determine the standards and requirements necessary for the installation of a sanitary sewer discharge location to allow draining events for pools, hot tubs, spas, and fountains to occur with the proper permits from the local sanitary sewer agency.
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(d) The Permittees shall improve their public outreach and educational efforts and ensure implementation of the required BMPs and compliance in commercial, municipal, and residential facilities.
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(e) The Permittees shall implement the Illicit Discharge Enforcement Response Plan from C.5.b for polluted (contains chlorine, copper algaecide, filter backwash, or other pollutants) swimming pool, hot tub, spa, or fountain waters that get discharged into the storm drain.
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(2) Reporting – The Permittees shall keep records of the authorized major discharges of dechlorinated pool, hot tubs, spa, and fountain water to the storm drain, including BMPs employed; such records shall be available for inspection by the Water Board.
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vi. Discharge Type – Irrigation Water, Landscape Irrigation, and Lawn or Garden Watering C (1) Required BMPs -The Permittees shall promote measures that minimize runoff and pollutant loading from excess irrigation via the following: C SAN FRANCISCO BAY REGION MUNICIPAL STORMWATER NPDES PERMIT - MRP 2.0 R2-2015-0049 ATTACHMENT "A"
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
(a) Promoting and/or working with potable water purveyors to promote conservation programs that minimize discharges from lawn watering and landscape irrigation practices;
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(b) Promoting outreach messages regarding the use of less toxic options for pest control and landscape management; C (c) Promoting and/or working with potable water purveyors to promote the use of drought tolerant, native vegetation to minimize landscape irrigation demands;
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(d) Promoting and/or working with potable water purveyors to promote outreach messages that encourage appropriate applications of water needed for irrigation and other watering practices; and
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(e) Implementing the Illicit Discharge Enforcement Response Plan from C.5.b, as necessary, for ongoing, large-volume landscape irrigation runoff to their storm drain systems.
C
(2) Reporting – The Permittees shall provide implementation summaries in their Annual Report. C C.16. Discharges to Areas of Special Biological Significance This Provision applies to stormwater discharges from the County of San Mateo into James V. Fitzgerald Marine Reserve Area of Special Biological Significance (ASBS). As set forth in the Fact Sheet, the State Water Board granted an exception to the ASBS discharge prohibition (ASBS Exception) in the Ocean Plan to applicants including the County of San Mateo for their existing stormwater discharges into ASBSs, provided they receive authorization to discharge by an NPDES permit; the discharges comply with all applicable terms, prohibitions, and special conditions of Attachment B - Special Protections (Special Protections) attached to and part of the ASBS Exception; and the discharges are essential for flood control or slope stability, designed to prevent soil erosion, occur only during wet weather, and are composed of only stormwater runoff.
This Provision serves as the authorization for the County of San Mateo to discharge stormwater into the ASBS in accordance with the requirements below.
NA
C.16.a. Discharges to the James V. Fitzgerald Marine Reserve ASBS i. If the County of San Mateo meets all of the conditions set forth in Provision C.16.a.i. and C.16.a.ii., its stormwater discharges into the James V. Fitzgerald Marine Reserve ASBS from MS4 outfalls that were constructed or were under construction prior to January 1, 2005, are permitted for those discharges that:
(1) Are essential for flood control or slope stability, including roof, landscape, road, and parking lot drainage; (2) Are designed to prevent soil erosion;
(3) Occur only during wet weather; and
(4) Are composed only of stormwater runoff.
NA
SAN FRANCISCO BAY REGION MUNICIPAL STORMWATER NPDES PERMIT - MRP 2.0 R2-2015-0049 ATTACHMENT "A"
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
ii. The County of San Mateo shall comply with all of the applicable terms, prohibitions, and special conditions of the Special Protections of the ASBS Exception set forth in State Water Board Resolution No. 2012-0012, as amended by State Water Board Resolution No. 2012-0031, including monitoring requirements, as they apply to stormwater. The Special Protections are hereby incorporated by reference into this Order and attached hereto as Attachment F. Notwithstanding anything to the contrary in this Order, the County of San Mateo shall not alter the natural ocean quality of the ASBS; shall not discharge trash into the ASBS; and shall not discharge non-stormwater into the ASBS except as provided in the Special Protections. As required by the Special Protections, the County of San Mateo shall address the preceding requirements (other than trash) in an ASBS Compliance Plan to be approved by the State Water Board Executive Director or the Regional Water Board Executive Officer and comply with the compliance schedule set forth in the Special Protections.
NA
iii. Reporting – In addition to the monitoring requirements of the Special Restrictions, the County of San Mateo shall submit, upon approval by the State Water Board Executive Director, a copy of its approved ASBS Compliance Plan.
NA
C.17. Annual Reports
C.17.a. The Permittees shall submit Annual Reports electronically in all cases by September 30 of each year. Each Annual Report shall report on the previous fiscal year beginning July 1 and ending June 30. The annual reporting requirements are set forth in Provisions C.1 – C.16. A paper copy of each Annual Report shall be submitted by October 15 of each year. The Permittees shall retain documentation as necessary to support their Annual Report. The Permittees shall make this supporting information available upon request within a timely manner, generally no more than ten business days unless otherwise agreed to by the Executive Officer.
B
C.17.b. The Permittees shall collaboratively develop a common annual reporting format for acceptance by the Executive Officer by April 1, 2016. The resulting Annual Report Form, once approved, shall be used by all Permittees. The Annual Report Form may be changed by April 1 of each year for the following Annual Report, to more accurately reflect the reporting requirements of Provisions C.1 – C.16, with the agreement of the Permittees and by the approval of the Executive Officer.
B
C.17.c. The Permittees shall certify in each Annual Report that they are in compliance with all requirements of the Order. If a Permittee is unable to certify compliance with a requirement, it must submit, in the cover letter of the Annual Report, the reason for failure to comply, a description and schedule of tasks necessary to achieve compliance, and an estimated date for achieving full compliance.
B
SAN FRANCISCO BAY REGION MUNICIPAL STORMWATER NPDES PERMIT - MRP 2.0 R2-2015-0049 ATTACHMENT "A"
CITY OF VALLEJO AND VALLEJO SANITATION AND FLOOD CONTROL DISTRICT RESPONSIBILITIES LEGEND: C = CITY D = DISTRICT B = BOTH CITY & DISTRICT Responsible Section Agency
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
CITY OF VALLEJO
AND THE
VALLEJO FLOOD AND WASTEWATER DISTRICT
Recitals
A. The City of Vallejo, hereafter referred to as “City,” and Vallejo Flood and Wastewater District, hereafter referred to as the “District,” share responsibility for the California Regional Water Quality Control Board San Francisco Bay Region (“Regional Board”) Municipal Regional Stormwater NPDES Permit No. CAS612008, pursuant to Order No. R2-2022-0018, as amended by Order No. R2- 2023-0019 (the “MRP”).
B. City and District have reviewed the MRP and have jointly determined which entity is responsible for each provision, to ensure all requirements are implemented appropriately.
C. City and District have developed Attachment “A” which generally specifies the responsible party(s) for provisions in the MRP.
D. This Memorandum of Understanding between City and District formalizes the responsibilities of both entities in relation to the requirements specified in Attachment “A.” E. This Memorandum of Understanding serves as a foundation for a cooperative and mutually beneficial working relationship between the City and the District.
F. The City and District are members of the Solano Stormwater Alliance and have signed a separate and independent MOU outlining their respective responsibilities under that agreement.
Agreement
NOW THEREFORE, City and District mutually agree as follows:
1. City and District enter this Memorandum of Understanding and accept the delineation of responsibilities specified in Attachment “A.” Said document is attached hereto and incorporated herein by reference.
2. City and District recognize that further additional practical experience in performing the responsibilities set forth in Attachment “A” may prove certain responsibilities would more appropriately be borne by an entity or entities other than as shown therein. Therefore, upon request of either entity, the parties shall meet and confer in good faith and propose such amendments to Attachment “A” as may be appropriate. Amendments to this Memorandum of Understanding, if any, may be approved by the District General Manager on behalf of the District and by the City Council on behalf of the City.
3. This Memorandum of Understanding will become effective upon full execution of this document by both parties.
(Signatures on following page)
IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding on the day and year shown below the name of each of the parties.
VALLEJO FLOOD AND WASTEWATER
DISTRICT
By:
Mark Tomko
General Manager
DATE: ____________________
ATTEST:
By : ________________________________
District Clerk
APPROVED AS TO FORM:
_______
Claire H. Collins
General Counsel for Vallejo Flood and
Wastewater District
(City Seal)
CITY OF VALLEJO
By:________________________
Gillian Haen
Acting City Manager
DATE:___________
By:________________________
Nalungo Conley
Acting City Manager
DATE: ____________________
ATTEST:
By:________________________
Dawn Abrahamson, City Clerk
APPROVED AS TO CONTENT:
__________________________
Brad Job
Public Works Director
APPROVED AS TO FORM:
Veronica A. F. Nebb
City Attorney
CONSENT CALENDAR 8.P.
DATE: June 9, 2026
TO: Mayor and Members of the City Council
FROM: Veronica A. F. Nebb, City Attorney
SUBJECT: ADOPT A RESOLUTION APPROVING A SETTLEMENT AGREEMENT AND MUTUAL RELEASE OF ALL CLAIMS BETWEEN TRI POINTE HOMES HOLDINGS, INC. AND THE
CITY OF VALLEJO
RECOMMENDATION
Adopt a Resolution approving a Settlement Agreement and Mutual Release of All Claims between Tri Pointe Homes Holdings, Inc. and the City of Vallejo.
REASONS FOR RECOMMENDATION
Approving the Settlement Agreement settles all matters and releases all claims between the parties concerning the design of the Columbus Parkway Road ultimate improvements and the payment of development fees associated with those improvements.
BACKGROUND AND DISCUSSION
Tri Pointe Homes Holdings, Inc. (“Tri Pointe”) is the developer of Phases 2A and 2B of the Waterstone/Bordoni Ranch Subdivision (the “Project”), located near Columbus Parkway in the City of Vallejo. Upon completion of Phase 2B, all phases of the Project will be complete, resulting in a total of 434 single-family residential homes.
The Waterstone/Bordoni Ranch Vesting Tentative Map was approved on November 7, 2005. On July 24, 2012, the City Council approved the Master Subdivision Improvement Agreement (“Master SIA”) for the remaining phases of the subdivision. The Master SIA established the material terms and conditions applicable to the remaining phases of the Project, including the relevant Vesting Tentative Map conditions of approval and Subdivision Improvement Agreement requirements associated with each final map phase. The Master SIA was recorded on August 16, 2012.
Subsequently, a dispute arose between the City and Tri Pointe regarding certain Vesting Tentative Map conditions of approval related to the scope of the design of the Columbus Parkway roadway improvements (“Ultimate Improvements”) and the payment of development fees associated with construction of the Ultimate Improvements.
On January 17, 2025, Tri Pointe submitted a Notice of Mitigation Fee Act Protest to the City. In response, the City invited discussions between the parties to try to resolve the issues in dispute.
Since March 2025, representatives of the City and Tri Pointe have met to negotiate a resolution of all outstanding issues arising from or related to the development of the Project. These discussions resulted in a negotiated settlement, the terms of which were approved by the City Council on March 24, 2026.
Under the proposed settlement, the City Tri Pointe would receive a one-time fee credit of $300,000 and continue to pay development fees for the remaining forty-two (42) lots within Phases 2A and 2B. These fees would be paid at the time of building permit issuance for each lot and would be calculated in accordance with the fee formula and annual escalation methodology established in the Master SIA. Exhibit 1 to the proposed settlement agreement reflects the annual escalation allocation methodology and is provided for illustration
Date: June 9, 2026
Subject: ADOPT A RESOLUTION APPROVING A SETTLEMENT AGREEMENT AND MUTUAL RELEASE OF ALL CLAIMS BETWEEN TRI POINTE HOMES HOLDINGS, INC. AND
THE CITY OF VALLEJO
purposes only.
In addition, Tri Pointe would make a one-time contribution of $828,325 toward the City’s design of the Ultimate Improvements. This contribution would fully satisfy Tri Pointe’s obligations related to the design requirements contained in Condition of Approval No. 56 and Section 1.03 of the Phase 2B Subdivision Improvement Agreement and the City would assume sole responsibility for completing the design. Tri Pointe would receive a $120,000 credit for construction of the Bordoni and Regents Parkway Median improvements, discussed below, reducing the net contribution to $708,325.
Tri Pointe would construct concrete hardscape improvements within the existing Bordoni Drive median using the City-selected stamped and colored concrete specification identified as Option No. 1 in the March 20, 2026 Term Sheet. Tri Pointe would provide a one-year warranty for the completed work.
In addition, Tri Pointe would install replacement landscaping and irrigation improvements within the Regents Parkway median in accordance with plans and specifications provided by the City. The improvements would include five (5) 15-gallon Crape Myrtle trees and associated irrigation infrastructure. Tri Pointe would connect the improvements to the existing Landscape Maintenance District (LMD) irrigation system as directed by the City and install a new valve box, piping, and wiring as necessary.
Tri Pointe would not be reimbursed for the cost of these improvements.
Upon execution of the settlement agreement, the LMD would assume responsibility for maintenance of designated Phase 2A parcels and associated landscaping improvements. All maintenance obligations would remain subject to available LMD assessment funding.
FISCAL IMPACT
The proposed Settlement Agreement provides an immediate fiscal benefit to the City. The City would issue a one-time $300,000 development fee credit to Tri Pointe Homes Holdings, Inc. and, in return, receive a net $708,325 cash contribution toward the design of the Columbus Parkway Ultimate Improvements. The agreement also requires Tri Pointe to continue paying applicable development impact fees for the remaining forty-two (42) lots at the time of building permit issuance.
While the City would assume responsibility for completing the design of the Columbus Parkway Ultimate Improvements, the developer contribution would partially offset these costs. Any additional costs required to complete design or construct the improvements would be subject to future City Council consideration.
The transfer of maintenance responsibility for designated Phase 2A landscaping improvements to the Landscape Maintenance District (LMD) would have no immediate impact on the General Fund and would remain subject to available LMD assessment revenues.
ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guidelines section 15378.
ATTACHMENTS
1. Resolution Approving Settlement and Release_Tri Pointe Homes_CAO Stamp
2. Tri Pointe Settlement and Release_CAO Stamp
3. Exhibit 1 to Tri Pointe Settlement Agreement
Date: June 9, 2026
Subject: ADOPT A RESOLUTION APPROVING A SETTLEMENT AGREEMENT AND MUTUAL RELEASE OF ALL CLAIMS BETWEEN TRI POINTE HOMES HOLDINGS, INC. AND
THE CITY OF VALLEJO
CONTACT
Veronica A.F. Nebb, City Attorney
[email protected]
1 RESOLUTION NO. 26-_________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO
APPROVING A SETTLEMENT AGREEMENT AND MUTUAL RELEASE
OF ALL CLAIMS BETWEEN TRI POINTE HOMES HOLDINGS, INC.
AND THE CITY OF VALLEJO
WHEREAS, Tri Pointe Homes Holdings, Inc. is the developer of Phases 2A and 2B of the Waterstone (Bordoni Ranch) Subdivision (the “Project”) near Columbus Parkway in the City of Vallejo; and WHEREAS, a dispute has arisen between the Parties relating to certain Project Vesting Tentative Map conditions of approval regarding the design of Columbus Parkway road improvements as implemented through the Master Subdivision Improvement Agreement recorded on August 16, 2012 (the “Master SIA”), and issues related to the payment of certain development fees associated with the construction of the Columbus Parkway Ultimate Improvements (“Dispute”); and WHEREAS, on January 17, 2025, TPH submitted a Notice of Mitigation Fee Act Protest to the City of Vallejo through its Public Works Director. The City later acknowledged receipt of the Notice and invited a discussion between the parties; and
WHEREAS, since March 2025, TPH and City representatives met to discuss a resolution of all existing issues concerning the Dispute arising out of or related to the development of the Project; and WHEREAS, on March 24, 2026, the City Council approved the terms of a settlement concerning the Dispute; and
WHEREAS, in the interest of avoiding litigation and without admitting liability, the Parties have agreed to settle all matters concerning the Dispute on the terms outlined in the settlement agreement attached hereto as Exhibit A and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Vallejo hereby finds and determines that the foregoing recitals are true and correct.
BE IT FURTHER RESOLVED that the City Council hereby approves the Settlement Agreement attached hereto as Exhibit A and incorporated herein by reference, with any modifications as may be recommended by the City Attorney.
BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager to execute same.
ADOPTED, by the City Council of the City of Vallejo at a regular meeting held on May 26, 2026 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
2 ANDREA SORCE, MAYOR
ATTEST:
DAWN G. ABRAHAMSON, CITY CLERK
3 EXHIBIT A
[Insert Settlement and Release Agreement]
1 SETTLEMENT AGREEMENT AND MUTUAL RELEASE
This Settlement Agreement and Mutual Release (“Agreement”) is effective as of the date of the latest signature affixed below (“Effective Date”), by and between Tri Pointe Homes Holdings, Inc. (“TPH”) on the one hand, and the City of Vallejo on the other hand. The aforementioned parties are referenced below individually as a “Party,” or collectively as the “Parties.”
Recitals
A. A dispute has arisen between the Parties relating to TPH’s attempted development of Phases 2A and 2B of the Waterstone (Bordoni Ranch) Subdivision (the “Project”) near Columbus Parkway in the City of Vallejo (the “Dispute”).
B. The Dispute includes, but is not limited to, disputed positions concerning certain Project Vesting Tentative Map conditions of approval regarding the design of Columbus Parkway road improvements as implemented through the Master Subdivision Improvement Agreement recorded on August 16, 2012 (the “Master SIA”), and issues related to the payment of certain development fees associated with the construction of the Columbus Parkway Ultimate Improvements. The fees are commonly referred to as Columbus Parkway Payments (“CP Payment”), and they are payments made as a condition precedent to the City’s issuance of building permits for TPH’s development of its Project.
C. For the avoidance of doubt, this Agreement tolls all statutes of limitations, statutes of repose, and other time-based defenses applicable to the expressly identified issues, as well as any other issues between the parties arising out of or related to the development of Bordoni Ranch.
D. On January 17, 2025, TPH submitted a Notice of Mitigation Fee Act Protest to the City of Vallejo through its Public Works Director Melisa Tigbao. The City later acknowledged receipt of the Notice and invited a discussion between the parties.
E. Since March 2025, TPH and City representatives met to discuss a resolution of all existing issues concerning the Dispute arising out of or related to the development of the Project.
F. On March 24, 2026, the City Council approved the terms of a settlement concerning the Dispute.
G. In the interest of avoiding litigation and without admitting liability, the Parties have agreed to settle all matters concerning the Dispute on the terms outlined in this Agreement.
2 NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows:
AGREEMENT
1. Recitals. The foregoing Recitals are incorporated herein and made a part of this Agreement.
2. TPH Obligations.
TPH agrees to implement the following obligations.
a. Payment of Columbus Parkway Fees for the Forty-Two (42) Remaining Project Lots. Attachment 1 of the Master SIA defines the Columbus Parkway fee payment for the Waterstone Subdivision (the “CP Payment”) in accordance with the Master SIA calculation and annual fee escalation methodology. TPH shall pay the CP Payment at each building permit issuance for the remaining forty-two (42) lots within the Project (identified as, Phase 2A Lots 1-3, 77-80, & 84-86 and Phase 2B Lots 109-129 & 175-185, corresponding with TPH construction Phases 14A-17). By way of example, and for illustrative purposes only, Exhibit 1, attached hereto and hereby incorporated herein by reference, provides an example of how the per lot cost is to be allocated to the remaining forty-two (42) lots.
b. Payment of Costs of Design of the Columbus Parkway “Ultimate Improvements.” Despite the Parties’ efforts to clarify the scope of the design requirements for Columbus Parkway pursuant to COA #56 and Section 1.03 of the Subdivision Improvement Agreement for Phase 2B (“Phase 2B SIA”), the City and TPH have been unable to agree to the scope of the design of the Ultimate Improvements required to satisfy COA #56 and Section 1.03 of the Phase 2B SIA.
Notwithstanding the foregoing, TPH shall make a cash payment to City in the amount of Eight Hundred Twenty-Eight Thousand Three Hundred and TwentyFive Dollars ($828,325) towards the City’s design of the Ultimate Improvements (the “Design Contribution”) in accordance with Section 3.d.v, below. TPH shall not be obligated to make any additional payments for the funding of the Design Contribution, nor shall it be obligated to construct the Ultimate Improvements. c. Bordoni Drive Median Improvements. Due to a discrepancy between the conditions in the Master SIA, City-approved civil plans, and City-approved landscape plans regarding the scope of the landscaping in the two medians in Columbus Parkway, immediately south and north of Bordoni Drive (the “Bordoni Medians”), TPH shall install concrete hardscape within the existing glue-down curbs of the Bordoni Medians in accordance with the City Council March 24, 2026 determination that the specification for this concrete hardscape shall be Option #1: 6-inch thick colored concrete with a stamped pattern set forth on the March 20, 2026 Terms Sheet (the “Bordoni Medians Improvements”).
3 (i) TPH shall complete the Bordoni Medians Improvements within 60 days (subject to extension for force majeure events, such as labor disputes, shortages of labor and/or materials, strikes, abnormal adverse weather conditions, natural disasters, any governmental or quasigovernmental enactment of a “stay home” or shutdown order, or any other causes beyond TPH’s reasonable control) of the Effective Date or the City’s issuance of any City approvals required for this work, whichever is later. The completion of these improvements will not be tied to, or otherwise delay, the City’s acceptance of the Phase 2A onsite and offsite improvements and release of the associated Phase 2A bonds.
d. Regents Parkway Median Improvements Replacement Landscaping. Due to a discrepancy between the conditions of the Master SIA, City-approved civil plans, and City-approved landscape plans regarding the scope of the landscaping in the Bordoni Medians, TPH shall install replacement landscaping in the unimproved median in Columbus Parkway located on the south side of the Regents Park Drive intersection (the “Regents Median”) in accordance with the City’s written description and exhibit describing the desired landscaping and irrigation improvements within the Regents Median, which shall be consistent with the landscaping installed in nearby medians in Columbus Parkway (the “Regents Median Improvements”).
i. Tree size shall be 15-gallon.
ii. To provide irrigation for the replacement landscaping, TPH has been instructed (per the TPH-City onsite meeting on January 29, 2026) to tieinto the City’s or LMD’s existing irrigation infrastructure located at the southeast corner of the Columbus Parkway and Regents Park Drive intersection. To perform this tie-in, TPH shall install one new valve box adjacent to the City’s existing valve box along Regents Park Drive. TPH shall connect the wiring in the new valve box to the existing two “spare” wires in the City’s adjacent valve box identified by the City during the onsite meeting on January 29, 2026.
iii. TPH shall be required to dig shallow (12-18 inches deep) trenches for the new irrigation piping and control wiring between the City’s existing water valve box and existing sleeves under Columbus Parkway. When completing this trenching, TPH shall attempt to minimize disturbance to the existing shrubs and trees in this vicinity, however, TPH shall not be responsible for any damage to the existing landscaping. iv. TPH shall complete the Regents Median Improvements within 60 days (subject to extension for force majeure events, such as labor disputes, shortages of labor and/or materials, strikes, abnormal adverse weather conditions, natural disasters, any governmental or quasi-governmental enactment of a “stay home” or shutdown order, or any other causes beyond TPH’s reasonable control) of the Effective Date or the City’s
4 issuance of any City approvals required for this work, whichever is later.
The completion of these improvements will not be tied to, or otherwise delay, the City’s acceptance of the Phase 2A onsite and offsite improvements and release of the associated Phase 2A bonds. TPH will not be reimbursed by the City for the cost of installing the Regents Median Improvements.
3. City Obligations.
The City agrees to implement the following obligations. a. Adjustment of Columbus Parkway Fees. The City shall make the next annual fee adjustment on July 1, 2026, based on the Master SIA calculation and annual fee escalation methodology, as illustrated in Exhibit 1,to determine the CP Payment for the 2026-2027 fiscal year, with additional annual adjustments on each subsequent July 1st until such time as the City has issued all building permits for the Project.
b. Landscaping Maintenance by the City and LMD. As of the Effective Date, the LMD shall assume all landscaping maintenance obligations associated with Parcels A, B, C, D, F, G, H, and I as those parcels are defined in the recorded Waterstone Unit 2A Final Map, including but not limited to:
i. The street trees along the east side of Columbus Parkway, from 500 feet south to 500 feet north of the Bordoni Drive/Columbus Parkway intersection, and the street trees along both sides of Bordoni Drive between Columbus Parkway and Running Springs Drive will be maintained by the LMD consistent with the Bordoni Ranch homeowners’ payment of LMD assessments to maintain this landscaping. The water and electric utility accounts associated with the parcels and landscaping described above shall be transitioned from TPH to the LMD within 30 days of the Effective Date.
ii. Following TPH’s installation of the landscaping and irrigation system for Parcel A, the LMD will assume the landscaping maintenance of Parcel A as defined in the recorded Waterstone Unit 2B Final Map. The City will provide a punch list for these improvements within 14 days of TPH’s notification that TPH has completed the improvements. Following said notification, the City will have 30 days from confirmation by TPH that the punch list items have been completed to the City’s satisfaction for the LMD to accept maintenance of Parcel A and transfer all utility accounts from TPH to the LMD.
iii. Maintenance by the LMD of any maintenance areas accepted for maintenance by the LMD shall only be to the extent funded by LMD assessments.
5 c. Design of the Columbus Parkway “Ultimate Improvements” and Release of Certificates of Occupancy for Phase 2B. The City shall be responsible for completing the design of the Columbus Parkway Ultimate Improvements.
Provided that the units described below otherwise meet the standards for certificates of occupancy, the Building Department shall release any hold on such certificates of occupancy for Phase 2B dwelling units (“Certificates of Occupancy”) in accordance with the following schedule.
i. Phase 2B includes a total of 77 residential lots. Section 1.03 of the Phase 2B SIA authorizes the issuance of 37 Certificates of Occupancy prior to the satisfaction of COA #56 and Section 1.03 of the Phase 2B SIA. ii. Upon the Effective Date, the City shall authorize the issuance of Thirteen (13) additional Certificates of Occupancy in Phase 2B for a total of 50 Certificates of Occupancy.
iii. Within 10 days of TPH’s payment of the Design Contribution, the City shall remove all restrictions on Phase 2B Certificates of Occupancy and TPH’s obligations associated with COA #56 and Section 1.03 of the Phase 2B SIA shall be deemed fully satisfied.
d. Bordoni Drive Median Improvements.
i. Within three (3) days of the Effective Date, the City shall notify TPH in writing of the color and stamp pattern of the concrete to be installed by TPH within the Bordoni Medians which may be comparable to “San Diego Buff” colored concrete with Brickform’s “6”x6” Edinburgh Cobble” stamp pattern installed in other medians along Columbus Parkway.
ii. If the City requires an encroachment permit or other approvals for TPH to complete these improvements, the City will issue these permits and approvals, and perform any associated inspections, at no cost to TPH. iii. TPH shall complete these improvements within 60 days (subject to extension for force majeure events, such as labor disputes, shortages of labor and/or materials, strikes, abnormal adverse weather conditions, natural disasters, any governmental or quasi-governmental enactment of a “stay home” or shutdown order, or any other causes beyond TPH’s reasonable control) of the Effective Date or the City’s issuance of any City approvals required for this work, whichever is later.
iv. The City or LMD will accept, and start maintenance of, the Bordoni Median Improvements immediately upon TPH’s completion of the City’s punch list items. TPH will provide a one-year warranty. The City agrees that the completion of these improvements will not be tied to, or otherwise
6 delay, the City’s acceptance of the Phase 2A onsite and offsite improvements and release of the associated Phase 2A bonds. v. City shall reimburse TPH for the cost of installing the concrete hardscape within the Bordoni Medians through a reduction of the total Design Contribution set forth in Section 2.b by the amount of One Hundred and Twenty Thousand Dollars ($120,000), resulting in a total cash payment to be paid by TPH when it elects to pay the Design Contribution of Seven Hundred Eight Thousand Three Hundred and Twenty Five Dollars ($708,325). The total amount reflects the reduction set forth in this Section
3.b.v. equal to $828,325 - $120,000.
e. Regents Parkway Median Improvements Replacement Landscaping Design.
Within fourteen (14) days of the Effective Date, the City shall provide TPH with a written description and exhibit describing the desired landscaping and irrigation improvements to be installed in the Regents Median, which landscaping shall be consistent with the landscaping installed in nearby medians in Columbus Parkway. Tree plantings shall consist of five (5) Crape Myrtle trees. Tree sizes shall be 15-gallons in size.
i. The City shall perform any and all necessary work within the existing irrigation controller to add the new valve and to ensure the proper irrigation of the new plantings in the Regents Median. Any required troubleshooting, repair, and/or rewiring of the wires or controller shall be performed by the City.
ii. If the City requires an encroachment permit or other approvals for TPH to complete these improvements, the City will issue these permits and approvals, and perform any associated inspections, at a $0 cost to TPH. iii. The City or LMD will accept, and start maintenance of, these landscaping and irrigation improvements immediately upon TPH’s completion of the City’s or LMD’s punch list items and there will be no warranty period associated with these improvements. The City agrees that the completion of these improvements will not be tied to, or otherwise delay, the City’s acceptance of the Phase 2A onsite and offsite improvements and release of the associated Phase 2A bonds.
4. TPH Dismissal of Claims. TPH agrees to waive any and all claims in exchange for the City’s agreement to the terms above as documented in this Agreement.
5. Mutual Release of Liability. In consideration of the promises contained in this Agreement, effective as of the full performance of this Agreement, the Parties hereby release and forever discharge each other and their respective predecessors, successors, heirs, assigns, administrators, agents, employees, directors, officers, representatives, shareholders, attorneys, members, affiliates, parent or affiliated entities, subsidiaries, insurers, and reinsurers, and all of them, as well as any and all persons acting or
7 allegedly acting by, under, through, or in concert with any of them, from and against any and all claims, damages, actions, causes of action, liabilities, judgments, liens, contracts, agreements, rights, debts, suits, obligations, promises, acts, costs and expenses (including, but not limited to, attorney’s fees), damages and charges of whatsoever nature, whether known or unknown, suspected or unsuspected, foreseen or unforeseen, fixed or contingent, or ever filed or prosecuted (collectively, “Claims”), which the Parties may now have, claim to have, or claim to have had, against each other. This release is conditioned upon full performance of this Agreement and is therefore ineffective until full performance has occurred.
6. Waiver of Civil Code § 1542. The Parties, after either consulting with counsel, or specifically choosing not to do so after fully recognizing the importance of seeking such legal advice, hereby waive their rights under Civil Code section 1542, which states as follows:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
7. Representations and Warranties. The Parties represent and warrant that: (a) they have the legal right and requisite power and authority to make and enter into this Agreement and to perform their obligations hereunder and to comply with the provisions hereof; (b) the entering into of this Agreement or the performance of any of the obligations under this Agreement will not violate the terms of any contract, agreement, or instrument to which they are parties; and (c) they have not transferred any interest in any Claims released hereby.
8. Successors in Interest. This Agreement shall be binding on and inure to the benefit of the executors, administrators, personal representatives, heirs, successors, and assigns of each Party.
9. No Admission of Liability. Nothing contained in this Agreement shall be deemed an admission by any Party of any liability of any kind to the other Party, except for express admissions. The Parties expressly deny all liability.
10. Interpretation of Agreement. This Agreement will be interpreted in accordance with California law, except for its conflict of law principles. This Agreement was reached through negotiation between the Parties. Each Party represents that he or she fully understands the Agreement’s content, and has obtained advice from legal counsel prior to executing this Agreement or has specifically chosen not to do so after fully recognizing the importance of seeking such legal advice. This Agreement will therefore not be construed as drafted by any one Party, and the Parties expressly waive any applicable statutory provisions to the extent that such provisions require an ambiguity to be interpreted against the drafting party.
8 11. Entire Agreement. This document is intended to constitute the entire and exclusive agreement between the Parties, superseding any prior settlement discussions. There are no representations, agreements, arrangements, or understandings, oral or written, between the Parties relating to the subject matter of this Agreement that are not fully expressed in this Agreement. This Agreement cannot be modified, except through a writing signed by all Parties.
12. Attorney’s Fees and Costs. If a Party requires the services of an attorney to interpret or enforce this Agreement, the prevailing party in the enforcement proceedings will be entitled to an award of their reasonable attorney’s fees and costs incurred in those proceedings. The Parties will otherwise bear their own attorney’s fees and costs incurred to date.
13. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the Agreement, which can be given effect without the invalid provision, will continue in full force and effect and will not be impaired.
14. Joint Draftsmanship and Negotiation. The Parties hereto agree that this Agreement is the product of joint draftsmanship and negotiation, and that should any of the terms be determined by a court or any type of quasi-judicial or other proceeding to be vague, ambiguous or unintelligible, that the words, phrases or sentences, or other wordage or language of any kind, shall not be construed against the drafting Party in accordance with California Civil Code section 1654, and that all words and phrases shall be interpreted according to their customary usage, and each Party hereto waives the effect of said statute.
15. Warranty of Authority. Each Party hereto and each person executing this Agreement on behalf of any Party hereby represents and warrants that the undersigned have the authority and capacity to make the releases set forth hereinabove and have the authority to execute this document on behalf of the named principal.
16. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall constitute an original, but all of which together shall constitute one and the same instrument. The signature page of any counterpart may be detached therefrom without impairing the legal effect of the signatures thereon provided such signature page is attached to any other counterpart identical thereto, except having additional signature pages executed by any other Party. The Parties agree that a signed copy of this Agreement transmitted by one Party to the other Parties by electronic mail or facsimile shall be binding upon the sending Party to the same extent as if it had delivered a signed original of this Agreement.
17. Amendment. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and discussions. This Agreement may be amended only by an agreement in writing.
9 18. California Law. This Agreement shall be deemed to have been executed and delivered within the State of California, and the rights and obligations of the Parties hereunder shall be construed and enforced in accordance with, and governed by, the laws of the State of California.
19. Electronic Signatures. Facsimile and electronic signatures are acceptable and will be treated as enforceable as original signatures.
BY SIGNING BELOW, THE PARTIES AGREE TO BE BOUND BY THE TERMS ABOVE.
Dated: June ___, 2026 Tri Pointe Homes Holdings, Inc.
Michael S. Bowes, Vice President
Dated: June___, 2026 City of Vallejo
Harry E. Black, Interim City Manager
FOR SETTLEMENT PURPOSES
Original Cost Estimate (8/6/2012): $6,076,311
Less Traffic Impact Fee Credits: -$1,980,000
Amount to be Spread Over Remaining Lots $4,096,311
Total Number of Houses to be built*: 334
Original Columbus Parkway Fee amount*: $12,264
B (PY) * A = B (CY) C (PY) + F (PY) = C (CY) B - C - F = G G / H = I FY Beginning ENR Ending ENR
DELTA ENR %
Increase (A)
Projected
Construction Cost (
B)
Beginning Balance in
Fund 224 Revenue( D)
Interest
Earned ( E) Settlement
Ending Balance in Fund
224
Remaining Cost
to be Collected
( G) Permits Issued Permits Remaining ( H)
Remaining Cost Per
Permit for Next FY( I)
2012-13 10,386.04 10,383.09 1.0000 $4,096,311 $0 $0 $0 $0 $4,096,311.00 0 334 $12,264.40 2013-14 10,383.09 10,895.84 1.0494 4,298,599.86 0.00 0.00 0.00 $0 $4,298,599.86 0 334 12,870.06 2014-15 10,895.84 11,169.32 1.0251 4,406,492.52 0.00 257,481.00 0.00 $257,481.00 $4,149,011.52 20 314 13,213.41 2015-16 11,169.32 11,550.40 1.0341 4,556,835.26 257,481.00 571,995.27 546.00 $830,022.27 $3,726,812.99 43 271 13,752.08 2016-17 11,550.40 11,691.03 1.0122 4,612,316.26 830,022.27 80,661.78 7,630.00 $918,314.05 $3,694,002.21 7 264 13,992.43 2017-18 11,691.03 12,014.72 1.0277 4,740,017.63 918,314.05 236,720.41 2,009.00 $1,157,043.46 $3,582,974.17 17 247 14,505.97 2018-19 12,014.72 12,333.48 1.0265 4,865,774.04 1,157,043.46 770,359.34 5,584.00 $1,932,986.80 $2,932,787.24 54 193 15,195.79 2019-20 12,333.48 12,819.17 1.0394 5,057,387.26 1,932,986.80 0.00 51,517.00 $1,984,503.80 $3,072,883.46 0 193 15,921.68 2020-21 12,819.17 13,425.35 1.0473 5,296,535.89 1,984,503.80 0.00 81,217.00 $2,065,720.80 $3,230,815.09 0 193 16,739.97 2021-22 13,425.35 15,326.99 1.1416 6,046,766.21 2,065,720.80 0.00 -1,081.00 $2,064,639.80 $3,982,126.41 0 193 20,632.78 2022-23 15,326.99 15,595.35 1.0175 6,152,638.93 2,064,639.80 401,253.06 -57,143.00 $2,408,749.86 $3,743,889.07 26 159 23,546.47 2023-24 15,595.35 15,418.02 0.9886 6,082,679.14 2,408,749.86 1,382,598.87 23,004.00 $3,814,352.73 $2,268,326.41 72 87 26,072.72 2024-25 15,418.02 15,276.48 0.9908 6,026,839.13 3,814,352.73 770,619.86 146,498.00 $4,731,470.59 $1,295,368.54 34 53 24,440.92
FOR ILLUSTRATION
PURPOSES ONLY 2025-26 15,276.48 1.0000 6,026,839.13 4,731,470.59 300,000.00 $5,031,470.59 $995,368.54 0 53 18,780.54 Notables:
FY 2025-2026: One-time settlement credit of $300,000 to Tri-Pointe.
FY 2022-2023: Tri-Pointe took over the remaining 193 lots for development from the prior developer.
FY 2022-2023: March 28, 2023 - Resolution 23-041 approved a final lot development that was eight (8) fewer lots than originally approved by Reso 12-115.
CALCULATION OF FEES FOR SETTLEMENT
EXHIBIT 1
CONSENT CALENDAR 8.Q.
DATE: June 9, 2026
TO: Mayor and Members of the City Council
FROM: Kristin Pollot, AICP, Planning & Development Services Director SUBJECT: ADOPT A RESOLUTION APPROVING A SECOND AMENDMENT TO THE CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH 4LEAF, INC. TO INCREASE THE NOT TO EXCEED AMOUNT FROM $950,000 TO $1,340,000 AND TO EXTEND THE CONTRACT TERM THROUGH JUNE 30, 2027, AND APPROVING A BUDGET APPROPRIATION IN THE AMOUNT OF $390,000 TO FUND THE CONTRACT INCREASE (STEP 2 OF 2)
RECOMMENDATION
Adopt a Resolution approving a Second Amendment to the Consultant and Professional Services Agreement with 4LEAF, Inc. to increase the existing not to exceed amount from $950,000 to $1,340,000 and extend the term through June 30, 2027, and approving a budget appropriation in the amount of $390,000 to fund the contract increase.
REASONS FOR RECOMMENDATION
Consultant support through 4LEAF, Inc. remains necessary to address departmental needs and specialty services. Based on direction received from the City Council on May 12, 2026, staff is recommending a revised consulting contract ‘not-to-exceed’ amount to more precisely align with the actual anticipated needs of the Building Division over the next 4-6 months.
BACKGROUND AND DISCUSSION
On May 12, 2026, the City Council approved a notice of intent for Step 1 of a two-step process, related to a general fund budget request in support of a Second Amendment to the 4LEAF, Inc. Consultant and Professional Services Agreement in the amount of $631,000 (which would have resulted in a new not-toexceed contract amount of $1,581,000). The original request included a budget amendment and associated contract increase amount ($631,000) that would correct a past budget technical error and provide sufficient contract funding through June 30, 2028. During the hearing, the City Council requested that staff return to the next meeting with revised operational funding scenarios reflecting reduced duration options that would more precisely meet the immediate needs of the division.
Revised Request:
Current Building Division operational consultant support needs are estimated at approximately $65,000 to $90,000 per month depending on workload demands, type of coverage needs, inspection activity, and plan review volume.
Consultant services currently supporting Building Division operations include:
• Limited organizational and oversight services
• Permit Technician support
• Plan Check services
• Inspection services, as needed
Date: June 9, 2026
Subject: ADOPT A RESOLUTION APPROVING A SECOND AMENDMENT TO THE CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH 4LEAF, INC. TO INCREASE THE NOT TO EXCEED AMOUNT FROM $950,000 TO $1,340,000 AND TO EXTEND THE CONTRACT TERM THROUGH JUNE 30, 2027, AND APPROVING A BUDGET APPROPRIATION IN THE AMOUNT OF $390,000 TO FUND THE CONTRACT INCREASE (STEP 2 OF 2)
In response to City Council direction received, staff reviewed: 1) the services that have been provided during the current fiscal year (to date); and 2) the anticipated increased service needs that are expected in response to the work load, in order to make more precise cost/needs assumptions for the division moving forward.
Following this review, staff has come up with two different limited duration timeframes for funding scenarios, as detailed below:
Operational funding scenarios:
• 3-Month Operational Scenario
Estimated Cost Range: $210,000 - $270,000
• 6-Month Operational Scenario
Estimated Cost Range: $390,000 - $540,000
Given operational needs, staff would recommend the six-month operational funding scenario as the more realistic and sustainable option. However, because the temporary consultant costs are anticipated to be partially offset through salary savings generated by current Building Division vacancies in the upcoming year, staff believe the lower range for the 6-Month Operational Scenario ($390,000 budget request) should be sufficient to cover the needs for the full 6-month timeframe.
FISCAL IMPACT
If approved, the FY 25-26 transfers budget between General Fund# 001 and Planning Development Services Fund#193 will increase by $390,000 to cover the cost of the 4Leaf contract work and maintain current baseline service levels within the Building Division until key staff positions can be filled:
General Fund# 001 Increase Transfer out $390,000
Planning & Development Services Fund#193 Increase Transfer in ($390,000) Increase Professional Services $390,000
Decrease Vacancy Savings $390,000
ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378.
ATTACHMENTS
1. Resolution Approving Second Amendment to 4LEAF, Inc._CAO Stamp
2. Second Amendment to Consultant Services Agreemet 4LEAF
3. First Amendment to Consultant Services Agreement - 4Leaf
4. Consultant and Professional Services Agreement 4-Leaf
Date: June 9, 2026
Subject: ADOPT A RESOLUTION APPROVING A SECOND AMENDMENT TO THE CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH 4LEAF, INC. TO INCREASE THE NOT TO EXCEED AMOUNT FROM $950,000 TO $1,340,000 AND TO EXTEND THE CONTRACT TERM THROUGH JUNE 30, 2027, AND APPROVING A BUDGET APPROPRIATION IN THE AMOUNT OF $390,000 TO FUND THE CONTRACT INCREASE (STEP 2 OF 2)
CONTACT
Kristin Pollot, AICP, Planning & Development Services Director [email protected]
RESOLUTION NO. 26-_____ N.C.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING A SECOND
AMENDMENT TO THE CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH 4LEAF, INC. TO EXTEND THE TERM OF THE AGREEMENT THROUGH JUNE 30, 2027, AND INCREASE CONSULTANT’S COMPENSATION BY AN ADDITIONAL $390,000 FOR A NEW MAXIMUM NOT-TO-EXCEED AMOUNT OF $1,340,000, AND APPROVING A BUDGET APPROPRIATION IN THE AMOUNT OF $390,000 TO FUND THE CONTRACT INCREASE (STEP 2 OF 2)
WHEREAS, pursuant to the existing Consultant and Professional Services Agreement, Consultant provides plan check and permit technician services to the City’s Building Division on an as-needed basis to assist staff during periods of high construction activity, and to support projects requiring specialized technical knowledge or expertise; and
WHEREAS, the existing Agreement is due to expire on June 30, 2026; and WHEREAS, on November 18, 2025, the City Council approved the First Amendment to the Agreement to increase Consultant’s compensation by an additional $150,000 for a maximum not to exceed amount of $950,000; and
WHEREAS, the parties wish to amend the Agreement to extend the term of the Agreement through June 30, 2027, and to increase Consultant’s compensation by an additional $390,000, for a new maximum not-to-exceed amount of $1,340,000.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Vallejo hereby:
1. Approves extending the term through June 30, 2027; and
2. Approves the Second Amendment to the Agreement with 4Leaf, Inc., increasing the not-toexceed amount to $1,340,000; and
3. Approves a Budget Appropriation in the amount of $390,000 from fund #001 to fund #193 to fund the contract increase; and
4. Authorizes the City Manager to execute the Second Amendment, with any modifications recommended by the City Attorney with the City Clerk to attest.
Adopted by the City Council of the City of Vallejo at a regular meeting held on May 26, 2026, with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________________
ANDREA SORCE, MAYOR
ATTEST: ______________________________________
DAWN G. ABRAHAMSON, CITY CLERK
Second Amendment 4 LEAF, Inc. Page 1 of 3
SECOND AMENDMENT TO
CONSULTANT AND PROFESSIONAL SERVICES
AGREEMENT WITH 4LEAF, INC.
This Second Amendment to the Consultant and Professional Services Agreement, made and entered into on June 4, 2025, hereafter referred to as “Agreement”, between 4LEAF, Inc., therein referred to as “Consultant”, and the City of Vallejo, a municipal corporation, therein referred to as “City”, is made and entered into on this ________ of May 2026.
WHEREAS, pursuant to the existing Agreement, Consultant provides plan check and permit technician services to the City’s Building Division on an as-needed basis and to support projects requiring specialized technical knowledge or expertise; and WHEREAS, the existing Agreement is due to expire on June 30, 2026; and WHEREAS, on November 18, 2025, the City Council approved the First Amendment to the Agreement to increase Consultant’s compensation by an additional $150,000 for a maximum not to exceed amount of $950,000; and
WHEREAS, the parties wish to amend the Agreement to extend the term of the Agreement through June 30, 2028, and to increase Consultant’s compensation by an additional $390,000, for a new maximum not-to-exceed amount of $1,340,000.
NOW THEREFORE, Consultant and City do mutually agree as follows:
1. Revised Term of the Agreement. Paragraph 17 of the Agreement term is hereby amended to read as follows:
“The term of this Agreement shall commence as of December 5, 2024 and shall continue in full force and effect until June 30, 2027.
City shall, at its discretion, have the right to extend the term of this Agreement, in intervals of one year, by written notice to Consultant. The total duration of this Agreement, including the exercise of any options under this section, shall not exceed five years.
If the term of this Agreement extends into fiscal years subsequent to that in which it is approved, such continuation of the Agreement is contingent on the appropriation of funds for such purpose by the City Council of the City of Vallejo.
If funds to effect such continued payment are not appropriated, Consultant agrees to terminate any services supplied to City of Vallejo under this Agreement and relieve City of any further obligation therefore.”
Second Amendment 4 LEAF, Inc. Page 2 of 3
2. Revised Compensation to Consultant. Consultant’s compensation as set forth in Section 1.A of Exhibit B of the Agreement is hereby increased by Three Hundred Ninety Thousand Dollars ($390,000), for a total maximum not-to-exceed amount of One Million Three Hundred Forty Thousand Dollars ($1,340,000).
3. Integration. This Second Amendment contains the entire agreement between the parties with respect to its subject matter and supersedes whatever oral or written understanding they may have had prior to the execution of this Second Amendment. This Second Amendment shall not be amended or modified except by a written agreement executed by each of the parties. Except as specifically revised herein, all terms and conditions of the Agreement, and all prior amendments, if any, shall remain in full force and effect, and Consultant shall perform all duties, obligations and conditions required under the Agreement.
4. Inconsistencies. In the event of any conflict or inconsistency between the provisions of this Second Amendment and the Agreement, and any prior amendment, if any, the provisions of this Second Amendment shall control in all respects.
5. Ambiguities. The parties have each carefully reviewed this Second Amendment and have agreed to each term of this Second Amendment. No ambiguity shall be presumed to be construed against either party.
6. Counterparts. This Second Amendment may be executed by the parties in one or more counterparts, all of which collectively shall constitute one document and agreement.
Authority. The person signing this Second Amendment for Consultant hereby represents and warrants that he or she is fully authorized to sign this Second Amendment on behalf of Consultant.
(SIGNATURES ARE ON THE FOLLOWING PAGE)
Second Amendment 4 LEAF, Inc. Page 3 of 3
IN WITNESS WHEREOF, the parties have entered into this Second Amendment on the day and year first hereinabove appearing.
4LEAF, INC.
a California corporation
By:
Kevin Duggan
President
DATE: ____________________
(City Seal)
CITY OF VALLEJO,
a municipal corporation
By:________________________
Harry Black
City Manager
DATE:___________
ATTEST:
By:________________________
Dawn G. Abrahamson
City Clerk
APPROVED AS TO INSURANCE:
__________________________
Armond Sarkis
Risk Manager
APPROVED AS TO FORM:
Veronica A. F. Nebb
City Attorney
First Amendment 4 LEAF, Inc. Page 1 of 3
FIRST AMENDMENT TO
CONSULTANT AND PROFESSIONAL SERVICES
4LEAF, INC.
This First Amendment to the Consultant and Professional Services Agreement, made and entered into on June 4, 2025, hereafter referred to as Agreement, between 4LEAF, INC. therein referred to as “Consultant”, and the City of Vallejo, a municipal corporation, therein referred to as “City”, is made and entered into on this 18th day of November 2025.
WHEREAS, pursuant to the existing Agreement, Consultant provides plan check and permit technician services to the City’s Building Division on an as-needed basis and to support projects requiring specialized technical knowledge or expertise; and WHEREAS, the existing Agreement has a not-to-exceed amount of $800,000 and is due to expire on June 30, 2026; and
WHEREAS, the parties wish to amend the Agreement to increase Consultant’s compensation by an additional $150,000, for a maximum not-to-exceed amount of $950,000.
NOW THEREFORE, Consultant and City do mutually agree as follows:
1. Revised Compensation to Consultant. Consultant’s compensation as set forth in Section 1.A of Exhibit B of the Agreement is hereby increased by $150,000 to a maximum not to exceed amount of $950,000.
2. Integration. The Agreement as amended by this First Amendment contains the entire agreement between the parties with respect to its subject matter and supersedes whatever oral or written understanding they may have had prior to the execution of this First Amendment. Neither the Agreement nor this First Amendment shall be amended or modified except by a written agreement executed by each of the parties. Except as specifically revised herein, all terms and conditions of the Agreement, and all prior amendments, if any, shall remain in full force and effect, and Consultant shall perform all duties, obligations and conditions required under the Agreement.
3. Inconsistencies. In the event of any conflict or inconsistency between the provisions of this First Amendment and the Agreement, or any prior amendment, if any, the provisions of this First Amendment shall control in all respects.
4. Ambiguities. The parties have each carefully reviewed this First Amendment and have agreed to each term of this First Amendment. No ambiguity shall be presumed to Docusign Envelope ID: FC4E14C6-42E6-46D3-910D-3EDBCC89DB75
First Amendment 4 LEAF, Inc. Page 2 of 3
be construed against either party.
5. Counterparts. This First Amendment may be executed by the parties in one or more counterparts, all of which collectively shall constitute one document and agreement.
6. Authority. The person signing this First Amendment for Consultant hereby represents and warrants that he or she is fully authorized to sign this First Amendment on behalf of Consultant.
IN WITNESS WHEREOF, the parties have entered into this First Amendment on the day and year first hereinabove appearing.
4LEAF, INC.
a California corporation
By:
Kevin Duggan
President
DATE: ____________________
(City Seal)
CITY OF VALLEJO,
a municipal corporation
By:________________________
Andrew Murray
City Manager
DATE:___________
ATTEST:
By:________________________
Dawn G. Abrahamson
City Clerk
APPROVED AS TO INSURANCE:
__________________________
Armond Sarkis
Risk Manager
APPROVED AS TO FORM:
Veronica A. F. Nebb
City Attorney
Docusign Envelope ID: FC4E14C6-42E6-46D3-910D-3EDBCC89DB75 11/26/2025 12/30/2025
First Amendment 4 LEAF, Inc. Page 3 of 3
Docusign Envelope ID: FC4E14C6-42E6-46D3-910D-3EDBCC89DB75
4LEAF, inc. Consultant and Professional Services Agreement (Revised 05-2025) Page 1 of 11
CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT
4LEAF, INC
This Consultant and Professional Services Agreement (“Agreement”) is made at Vallejo, California, dated for reference this 4
th day of June 2025, by and between
the City of Vallejo, a municipal corporation (“City”), and 4Leaf, Inc hereinafter referred to as “Consultant”, who agree as follows:
1. Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide the City professional services as specified in Exhibit A, entitled “Scope of Work.”
2. Payment. City shall pay Consultant for services rendered pursuant to this agreement at the times and in the manner set forth in Exhibit B, entitled “Compensation.” The payments specified in Exhibit B shall be the only payments to be made to Consultant for services rendered pursuant to this Agreement.
3. Facilities and Equipment. Consultant shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement.
4. Indemnification. Consultant shall indemnify, hold harmless, and defend City, its officers, officials, directors, employees, agents, volunteers and affiliates and each of them from any and all claims, demands, causes of action, damages, costs, expenses, actual attorney’s fees, consultant’s fees, expert fees, losses or liability, in law or in equity, of every kind and nature whatsoever arising out of or in connection with Consultant’s operations, or any subcontractor’s operations, to be performed under this agreement for Consultant’s or subcontractor’s tort negligence including active or passive, or strict negligence, including but not limited to personal injury including, but not limited to bodily injury, emotional injury, sickness or disease, or death to persons and/or damage to property of anyone, including loss of use thereof, caused or alleged to be caused by any act or omission of Consultant, or any subcontractor, or anyone directly or indirectly employed by any of them or anyone for the full period of time allowed by the law, regardless to any limitation by insurance, with the exception of the sole negligence or willful misconduct of the City.
Consultant shall also indemnify, hold harmless, and defend City, its officers, officials, directors, employees, agents, volunteers and affiliates and each of them from any and all claims, demands, causes of action, damages, costs, expenses, actual attorney’s fees, consultant’s fees, expert fees, losses or liability, in law or in Docusign Envelope ID: 852AC43E-A54B-4289-AFF3-7392FAC08CC4
4LEAF, inc. Consultant and Professional Services Agreement (Revised 05-2025) Page 2 of 11 equity, of every kind and nature whatsoever arising out of or in connection with Consultant’s operations, or any subcontractor’s operations, related to costs or benefits associated with California Public Employment Retirement System (CalPERS) membership where Consultant supplies a CalPERS member who CalPERS determines is subject to enrollment.
The provisions of this section shall survive the expiration or termination of this Agreement.
5. Insurance Requirements. Consultant agrees to comply with all of the Insurance Requirements set forth in Exhibit C, entitled “Insurance Requirements for Consultant.” Failure to maintain required insurance at all times shall constitute a default and material breach.
6. Accident Reports. Consultant shall immediately report (as soon as feasible, but not more than 24 hours) to the City Risk Manager any accident or other occurrence causing injury to persons or property during the performance of this Agreement. The report shall be made in writing and shall include, at a minimum: (a) the names, addresses, and telephone numbers of the persons involved, (b) the names, addresses, and telephone numbers of any known witnesses, (c) the date, time, and description of the accident or other occurrence.
7. Conflict of Interest. Consultant warrants and represents that to the best of its knowledge, there exists no actual or potential conflict between Consultant’s family, business, real property or financial interests and the services to be provided under this Agreement. Consultant shall comply with the City of Vallejo Conflict of Interest Code and not enter into any contract or agreement during the performance of this Agreement which will create a conflict of interest with its duties to City under this Agreement. In the event of a change in Consultant’s family, business, real property, or financial interests occurs during the term of this Agreement that creates an actual or potential conflict of interest, then Consultant shall disclose such conflict in writing to City. Every individual who performs services on behalf of Consultant pursuant to this Agreement must file a full Statement of Economic Interests (also known as Form 700) with the City Clerk if the work of the individual involves making a governmental decision whether to issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; authorizes the City to enter into, modify, or renew a contract; grants City approval of specifications for a contract; adopts or approves for the City any policy, standard or guideline; lobbies on behalf of the City, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City’s Conflict of Interest Code.
8. Independent Contractor. Consultant is an independent contractor.
Neither Consultant nor any of Consultant’s officers, employees, agents, or subcontractors, if any, is an employee of City by virtue of this Agreement or Docusign Envelope ID: 852AC43E-A54B-4289-AFF3-7392FAC08CC4
4LEAF, inc. Consultant and Professional Services Agreement (Revised 05-2025) Page 3 of 11 performance of any services pursuant to this Agreement. City shall have the right to control Consultant only insofar as the results of Consultant’s services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes services pursuant to this Agreement.
9. Licenses, Permits, Etc. Consultant represents and warrants to City that all consultant services shall be provided by a person or persons duly licensed by the State of California to provide the type of services to be performed under this Agreement and that Consultant has all the permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice its profession. Consultant represents and warrants to City that it shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice its profession.
10. Business License. Consultant, and its subcontractors, has obtained or agrees to apply prior to performing any services under this Agreement to City’s Finance Department for a business license, pay the applicable business license tax and maintain said business license during the term of this Agreement. The failure to obtain such license shall be a material breach of this Agreement and grounds for termination by City. No payments shall be made to Consultant until such business license(s) has been obtained.
11. Standard of Performance. Consultant shall provide products and perform all services required pursuant to this Agreement in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised under similar conditions by a member of Consultant’s profession currently practicing in California.
Consultant is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work, including without limitation applicable federal, state, and local laws and regulations, and all other contingencies or considerations.
Consultant’s responsibilities under this section shall not be delegated. Consultant shall be responsible to City for acts, errors, or omissions of Consultant’s subcontractors.
Consultant is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work and shall prepare plans, reports, and/or other work products in such a way that additional costs will not be incurred beyond a project budget approved or amended by the City Manager or his or her designee.
Whenever the scope of work requires or permits review, approval, conditional approval or disapproval by City, it is understood that such review, approval, Docusign Envelope ID: 852AC43E-A54B-4289-AFF3-7392FAC08CC4
4LEAF, inc. Consultant and Professional Services Agreement (Revised 05-2025) Page 4 of 11 conditional approval or disapproval is solely for the purposes of administering this Agreement and determining whether the Consultant is entitled to payment for such work, and not be construed as a waiver of any breach or acceptance by the City of any responsibility, professional or otherwise, for the work, and shall not relieve the Consultant of responsibility for complying with the standard of performance or laws, regulations, industry standards, or from liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of Consultant.
12. Force Majeure. Neither party shall be considered in default of this Agreement to the extent performances are prevented or delayed by causes or circumstances beyond either party’s reasonable control, such as war, riots, strikes, lockouts, work slowdown or stoppage, acts of God, such as floods or earthquakes, and electrical blackouts or brownouts.
In the event that the Consultant is unable to meet the completion date or schedule of services, Consultant shall immediately inform the City Representative of this in writing. If additional time is required to perform the work, the City Representative may adjust the schedule.
13. Time is of the Essence. Time is of the essence in this Agreement. Any reference to days means calendar days, unless otherwise specifically stated.
14. Personnel. Consultant agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services under this Agreement. Failure to assign such competent personnel shall constitute grounds for termination of this Agreement.
The payment made to Consultant pursuant to this Agreement shall be the full and complete compensation to which Consultant and Consultant’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Consultant nor Consultant’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Consultant. The City shall not be required to pay any workers’ compensation insurance on behalf of Consultant.
Consultant shall pay, when and as due, any and all taxes incurred as a result of Consultant’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.
15. General Prohibition on Assignment of CalPERS Members and Annuitants. Consultant shall not hire, employ, or use, as an employee, subcontractor or agent of Consultant (Assigned Individual) any California Public Employment Retirement System (CalPERS) member or annuitant in connection Docusign Envelope ID: 852AC43E-A54B-4289-AFF3-7392FAC08CC4
4LEAF, inc. Consultant and Professional Services Agreement (Revised 05-2025) Page 5 of 11 with the provision of services under this Agreement. Nor shall Consultant allow any of its subcontractors, agents, or other representatives to employ CalPERS members or annuitants for the purpose of performing work under this Agreement.
Failure to comply with the provisions of this section shall constitute a material breach of Consultant’s obligations under this Agreement and shall be grounds for termination.
The City Manager and the Human Resources Director may together approve an exception which they determine either: (i) meets the requirements of CalPERS relating to Independent Contractors; or (ii) where such Assigned Individual who is an Annuitant, has not, and will not, exceed 960 total hours in a fiscal year (July 1 to June 30) for all CalPERS employers combined, and satisfies all other CalPERS annuitant requirements. No Assigned Individual, regardless of CalPERS membership at the time the labor is provided, may exceed 1,000 hours in a fiscal year (July 1 to June 30).
16. Consultant Not Agent. Except as authorized under this Agreement or as City may authorize in a letter of authorization signed by the City Manager or his or her designee, Consultant shall have no authority, express or implied to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, under this Agreement, to bind City to any obligation whatsoever.
17. Term. The term of this Agreement shall commence as of December 5, 2024 and shall continue in full force and effect until June 30, 2026.
City shall, at its discretion, have the right to extend the term of this Agreement, in intervals of one year, by written notice to Consultant. The total duration of this Agreement, including the exercise of any options under this section, shall not exceed three years.
If the term of this Agreement extends into fiscal years subsequent to that in which it is approved, such continuation of the Agreement is contingent on the appropriation of funds for such purpose by the City Council of the City of Vallejo.
If funds to effect such continued payment are not appropriated, Consultant agrees to terminate any services supplied to City of Vallejo under this Agreement, and relieve City of any further obligation therefore.
18. Termination or Abandonment by City. The City has the right, at any time and in its sole discretion, to immediately terminate or abandon any portion or all of the services to be provided under this Agreement by giving notice to Consultant.
Upon receipt of a notice of termination, Consultant shall perform no further work except as specified in the notice. Before the date of termination, Consultant shall deliver to City all City records and documents, all work product, whether completed or not, as of the date of termination and not otherwise previously delivered.
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4LEAF, inc. Consultant and Professional Services Agreement (Revised 05-2025) Page 6 of 11 The City shall pay Consultant for services performed in accordance with this Agreement before the date of termination. If this contract provides for payment of a lump sum for all services or by task and termination occurs before completion of the work or any defined task which according to the performance schedule was commenced before the notice of termination, the fee for services performed shall be based on an amount mutually agreed to by City and Consultant for the portion of work completed in conformance with this Agreement before the date of termination. In addition, the City will reimburse Consultant for authorized expenses incurred and not previously reimbursed. The City shall not be liable for any fees or costs associated for the termination or abandonment except for the fees, and reimbursement of authorized expenses, payable pursuant to this section.
19. Products of Consulting Services. The work product, including without limitation, all writings, work sheets, reports, recordings, drawings, files, detailed calculations and other work products, whether complete or incomplete, of Consultant resulting from services rendered pursuant to this Agreement, shall become the property of City. Consultant agrees that all copyrights which arise from creation of the work under this Agreement shall be vested in the City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of work and that the Consultant makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work.
Documents submitted to the City in electronic format shall be formatted according to specifications provided by the City, or if not otherwise specified, in Microsoft Word, Excel, PowerPoint or other Microsoft Office Suite (2002) format as appropriate for the particular work product or, if directed by the City Representative in Adobe Acrobat PDF format.
20. Cooperation by City. City shall, to the extent reasonable and practicable, assist and cooperate with Consultant in the performance of Consultant’s services hereunder.
21. Assignment and Subcontracting. Consultant shall not subcontract, assign or transfer voluntarily or involuntarily any of its rights, duties or obligation under this Agreement without the express written consent of the City Manager or his or her designee in each instance. Any attempted or purported assignment of any right, duty or obligation under this Agreement without said consent shall be void and of no effect.
If subcontracting of work is permitted, Consultant shall pay its subcontractor within ten (10) days of receipt of payment by City for work performed by a subcontractor and billed by the Consultant. Use of the term subcontractor in any other provision of this contract shall not be construed to imply authorization for Consultant to use Docusign Envelope ID: 852AC43E-A54B-4289-AFF3-7392FAC08CC4
4LEAF, inc. Consultant and Professional Services Agreement (Revised 05-2025) Page 7 of 11 subcontractors for performance of any service under this Agreement.
The City is an intended beneficiary of any work performed by Consultant’s subcontractor for purposes of establishing a duty of care between the subcontractor and City.
Any subcontractor or assignee consented to by City shall be bound by all terms and conditions of this agreement and the same shall be incorporated into and made a part of any assignment or subcontractor agreement.
22. Successors and Assigns. All terms, conditions, and provisions of this Agreement shall apply to and bind the respective heirs, executors, administrators, successors, and assigns of the parties. Nothing in this section is intended to affect the limitation on assignment.
23. Non-Discrimination/Fair Employment Practices.
(a) Consultant shall not, because of race, religious creed, color, sex, national original, ancestry, disability, medical condition, age, marital status or sexual orientation of any person, refuse to hire or employ, or to bar or discharge from employment, or to discriminate in compensation, or in terms, conditions or privileges any person, and every employee will receive equal opportunity for employment and shall be granted equal treatment with respect to compensation, terms, conditions or other privileges of employment, without regard to his race, religious creed, color, sex, national origin, ancestry, or disability, medical condition, age, marital status or sexual orientation.
Consultant warrants and represents it is an equal opportunity employer and agrees it shall not discriminate on the basis of race, religious creed, color, sex, national origin, ancestry, disability, medical condition, age, marital status or sexual orientation in the selection and retention of employees, subcontractors or procurement of materials or equipment.
In all solicitations either by competitive bidding or negotiations made by Consultant for work to be performed under any subcontract, including procurement of materials or equipment, each potential subcontractor or supplier shall be notified by Consultant of Consultant’s obligation under this Agreement relative to nondiscrimination and fair employment practices.
Consultant shall include the above provisions of this section in every subcontract, including procurement of materials or equipment.
(b) Consultant agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, the Americans with Disabilities Act of 1990, any other applicable federal and state laws and regulations and City ordinances and regulations hereinafter enacted.
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4LEAF, inc. Consultant and Professional Services Agreement (Revised 05-2025) Page 8 of 11
24. Notices. All notices or instruments required to be given or delivered by law or this Agreement shall be in writing and shall be effective upon receipt thereof and shall be by personal service or delivered by depositing the same in any United States Post Office, registered or certified mail, postage prepaid, addressed to:
If to City:
Bill Collins, CBO
Planning and Development Svcs. Dept.
555 Santa Clara Street
Vallejo, CA 94590
[email protected]
If to Consultant:
Craig Tole
Director of Development Services
2126 Rheem Drive
Pleasanton, CA 94588
[email protected]
Any party may change its address for receiving notices by giving written notice of such change to the other party in accordance with this section.
Routine administrative communications shall be made pursuant to section 1 of Exhibit A.
24. Integration Clause. This Agreement, including all Exhibits, contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Agreement. This Agreement shall not be amended or modified except by a written agreement executed by each of the parties hereto.
25. Severability Clause. Should any provision of this Agreement ever be deemed to be legally void or unenforceable, all remaining provisions shall survive and be enforceable.
26. Law Governing. This Agreement shall in all respects be governed by the law of the State of California without regard to its conflicts of law rules. Litigation arising out of or connected with this Agreement shall be instituted and maintained in the courts of Solano County in the State of California or in the United States District Court, Eastern District of California, Sacramento, California, and the parties consent to jurisdiction over their person and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.
27. Waiver. Waiver by either party of any default, breach or condition Docusign Envelope ID: 852AC43E-A54B-4289-AFF3-7392FAC08CC4
4LEAF, inc. Consultant and Professional Services Agreement (Revised 05-2025) Page 9 of 11 precedent shall not be construed as a waiver of any other default, breach or condition precedent or any other right hereunder.
28. Ambiguity. The parties acknowledge that this is a negotiated agreement, that they have had the opportunity to have this Agreement reviewed by their respective legal counsel, and that the terms and conditions of this Agreement are not to be construed against any party on the basis of such party’s draftsmanship thereof.
29. Gender. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural, as the identifications of the person or persons, firm or firms, corporation or corporations may require.
30. Headings. The section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement.
31. Compliance with Laws. Consultant will comply with all statutes, regulations and ordinances in the performance of all services under this Agreement.
32. Confidentiality of City Information. During the performance of services under this Agreement, Consultant may gain access to and use City information regarding, but not limited to, procedures, policies, training, operational practices, and other vital information (hereafter collectively referred to as “City Information”) which are valuable, special and unique assets of the City. Consultant agrees that it will not use any information obtained as a consequence of the performance of services under this Agreement for any purpose other than fulfillment of Consultant’s scope of work , to protect all City Information and treat it as strictly confidential and proprietary to City, and that it will not at any time, either directly or indirectly, divulge, disclose or communicate in any manner any City Information to any third party, other than its own employees, agents or subcontractors who have a need for the City Information for the performance of services under this Agreement, without the prior written consent of City, or as required by law.
Consultant shall treat all records and work product prepared or maintained by Consultant in the performance of this Agreement as confidential.
A violation by Consultant of this section shall be a material violation of this Agreement and will justify legal and/or equitable relief.
Consultant’s obligations under this section shall survive the completion of services, expiration or termination of this Agreement.
33. News and Information Release. Consultant agrees that it will not issue any news releases in connection with either the award of this Agreement, or any Docusign Envelope ID: 852AC43E-A54B-4289-AFF3-7392FAC08CC4
4LEAF, inc. Consultant and Professional Services Agreement (Revised 05-2025) Page 10 of 11 subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from City through the City Representative.
34. City Representative. The City Representative specified in Exhibit A, or the representative’s designee, shall administer this Agreement for the City.
35. Counterparts. The parties may execute this Agreement in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument.
36. Facsimile Signature; Electronic Signature. This Agreement shall be binding upon the receipt of facsimile signatures or e-mailed by PDF or otherwise.
Any person transmitting his or her signature by facsimile or electronically shall promptly send an original signature to the other party pursuant to the notice provision of this Agreement. The failure to send an original shall not affect the binding nature of this Agreement.
37. Authority. The person signing this Agreement for Consultant hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Consultant.
38. Exhibits. The following exhibits are attached hereto and incorporated herein by reference:
Exhibit A, entitled “Scope of Work,” including any attachments Exhibit B, entitled “Compensation,” including any attachments Exhibit C, entitled “Insurance Requirements,” including attachments [SIGNATURES ON FOLLOWING PAGE]
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4LEAF, inc. Consultant and Professional Services Agreement (Revised 05-2025) Page 11 of 11 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.
4LEAF, INC.,
A California corporation
By: ____________________
Kevin Duggan
President
DATE: __________________
(City Seal)
CITY OF VALLEJO,
a municipal corporation
By: ____________________
Andrew Murray
City Manager
DATE: __________________
ATTEST:
By: ____________________
Dawn G. Abrahamson
City Clerk
APPROVED AS TO FORM:
By: ____________________ for
Veronica A. F. Nebb
City Attorney
APPROVED AS TO INSURANCE:
By: ____________________
Armond Sarkis
Risk Manager
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7/25/2025
Consultant and Professional Services Agreement (5-2025) Page 1 of 3
EXHIBIT A
SCOPE OF WORK
1. Representatives. The City Representative for this Agreement is:
Bill Collins
CBO
Planning & Development Services
555 Santa Clara Street
Vallejo, CA 94590
[email protected]
The Consultant’s Representative for this Agreement is:
Craig Tole
Director of Development Services
4Leaf, Inc.
2126 Rheem Drive
Pleasanton, CA 94588
[email protected]
All routine administrative communications between the parties will be between the above-named representatives and may be by personal delivery, mail, facsimile transmission, or electronic mail as agreed between the Consultant Representative and City’s Representative.
2. Services to be Provided. The services provided shall be as set forth in Attachment 1 of Exhibit A, attached hereto and incorporated herein by this reference.
3. Time for Performance. Consultant will perform the services according to the schedule below. If the schedule calls for the services to be performed in phases or discrete increments, Consultant shall not proceed from one phase or increment to the next without written authorization from the City’s Representative.
Consultant will complete all services by June 30, 2026, unless this Agreement is extended as provided in Section 17.
4. No Set Work Hours. Consultant shall be solely responsible for determining the working hours of its individual personnel, employees, agents, and representatives within the limitations otherwise provided in this Agreement.
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Consultant and Professional Services Agreement (5-2025) Page 2 of 3 Attachment 1 – Exhibit A
SCOPE OF WORK – INSPECTION
Inspection Services
Periodic Inspection Services Available Next Day
4LEAF will fulfill inspection requests immediately upon request including same day. 4LEAF has a wealth of local and available inspectors ready to serve the City.
Part-Time Inspection Services Available Next Day
4LEAF will provide the City with part-time inspectors upon request. 4LEAF can provide part-time staff within 24 hours of request for any duration of time. 4LEAF’s Project Manager will work closely with the department to identify the right personnel and determine the appropriate work schedule.
Full-Time Inspection Services Available Two Days or Less 4LEAF will provide full-time inspectors upon request.
Project Specific Inspection Services Available Two Days or Less GoFormz
4LEAF will implement the GoFormz software for inspection requests. With licenses owned by the City, 4LEAF’s Administration team will prepare inspection requests and inspection results documenting construction
activity. In addition, 4LEAF will be able to extract information and provide detailed monthly reports detailing the construction activity. The reports will be detailed to identify contractors, subcontractors, work progress, pictures, and a detailed explanation of the field activities.
GoFormz allows every piece of information collected on a project to be accessible by all staff as every form is stored securely and safely in the Cloud. The information can be accessed through a user’s web account where they can view any inspection report and run reports on project data. The information can be accessed through a user’s web account where they can view any inspection report and run reports on project data.
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Consultant and Professional Services Agreement (5-2025) Page 3 of 3 The inspector will be able to leave detailed notes under the inspections and observations box and instantaneously attach pictures to the report to show the item inspected. The inspector will also be able to sign the report by hand on the iPad through the mobile signature block and pictures taken from the iPad are stored on the inspection document.
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Consultant and Professional Services Agreement (5-2025) Page 1 of 4
EXHIBIT B
COMPENSATION
1. Consultant’s Compensation.
A. Services: City agrees to pay Consultant, at the rate(s) specified below, for those services set forth in Exhibit A of this Agreement for a total not to exceed EIGHT HUNDRED THOUSAND DOLLARS AND ZERO CENTS. ($800,000.00) Consultant shall notify City in writing no later than thirty (30) days prior to the estimated date when Consultant will have billed City the maximum payment amount permitted under this Agreement, and Consultant shall provide City with an estimate of the additional compensation required to complete the project.
City agrees to pay Consultant for those services set forth in Exhibit A of this Agreement and for all authorized reimbursable expenses, upon satisfactory completion of the services and delivery of the work product.
B. Additional Services:
1. Additional Services are those services related to the scope of Services of Consultant as set forth in Exhibit A but not anticipated at the time of execution of this Agreement. Additional Services shall be provided only when a Supplemental Agreement authorizing such Additional Services is approved by the City Manager, or his or her designee. City reserves the right to perform any Additional Services with its own staff or to retain other Consultants to perform said Additional Services.
2. Consultant’s compensation for Additional Services shall be based on the total number of hours spent on Additional Services multiplied by the employees’ appropriate billable hourly rate as established below. City, at its option, may negotiate a fixed fee for some or all Additional Services as the need arises.
Where a fixed fee for Additional Services is established by mutual Agreement between City and Consultant, compensation to Consultant shall not exceed the fixed fee amount.
2. Appropriate Billable Hourly Rates for Services and Additional Services.
Consultant’s billable hourly rates shall be as listed in Attachment 1 of Exhibit B, attached hereto and incorporated herein by this reference.
3. Consultant’s Reimbursable Expenses. Reimbursable Expenses shall be limited to actual reasonable expenditures of Consultant for expenses that are Docusign Envelope ID: 852AC43E-A54B-4289-AFF3-7392FAC08CC4
Consultant and Professional Services Agreement (5-2025) Page 2 of 4 necessary for the proper completion of the Services and shall only be payable if specifically authorized in advance by City.
4. Payments to Consultant.
A. Payments to Consultant shall be made within a reasonable time after receipt of Consultant’s invoice, said payments to be made in proportion to services performed. Consultant may request payment on a monthly basis. Consultant shall be responsible for the cost of supplying all documentation necessary to verify the monthly billings to the satisfaction of City.
B. All invoices submitted by Consultant shall contain the following information:
1. Description of services billed under this invoice
2. Date of Invoice Issuance
3. Sequential Invoice Number
4. City’s Purchase Order Number (if issued)
5. Social Security Number or Taxpayer Identification Number
6. Amount of this Invoice (Itemize all Reimbursable Expenses”)
7. Total Billed to Date
C. Items shall be separated into Services and Reimbursable Expenses.
Billings that do not conform to the format outlined above shall be returned to Consultant for correction. City shall not be responsible for delays in payment to Consultant resulting from Consultant’s failure to comply with the invoice format described above.
D. Request for payment shall be sent to:
Dale Miller
Administrative Analyst
Planning & Development Services
555 Santa Clara Street
Vallejo, CA 94590
[email protected]
5. Accounting Records of Consultant. Consultant shall maintain for three (3) years after completion of all services hereunder, all records under this Agreement, including, but not limited to, records of Consultant’s direct salary costs for all Services and Additional Services performed under this Agreement and records of Consultant’s Reimbursable Expenses, in accordance with generally accepted accounting practices. Consultant shall keep such records available for audit, inspection and copying by representatives of the City’s Finance Department or other government agencies during regular business hours upon twenty-four (24) hours’ notice.
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Consultant and Professional Services Agreement (5-2025) Page 3 of 4 The obligations of Consultant under this section shall survive this Agreement.
6. Taxes. Consultant shall pay, when and as due, any and all taxes incurred as a result of Consultant’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.
7. Taxpayer Identification Number. Consultant shall provide City with Consultant’s complete Request for Taxpayer Identification Number and Certification, Form W-9, as issued by the Internal Revenue Service, and any other State or local tax identification number requested by City.
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Consultant and Professional Services Agreement (5-2025) Page 4 of 4 Attachment 1 - Exhibit B
City of Vallejo Building Division Services
Service Hourly Rate
1. Building Inspection / Plan Check Services $115
2. Permit Technician Services $70
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Consultant and Professional Services Agreement (Revised 05-2025) Page 1 of 3 Exhibit C – Insurance Requirements
EXHIBIT C
INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of this Agreement, including any extensions thereto, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by the Consultant, their agents, representatives, or employees or subcontractors.
1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
A. Insurance Services Office form number GL 0002 covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
B. Insurance Services Office form number CA 0001 covering Automobile Liability, code 1 any auto and endorsement CA 0025.
C. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.
D. Professional Liability insurance appropriate to the Consultant’s profession (Errors and Omission).
2. Minimum Limits of Insurance. Consultant shall maintain limits no less than:
A. General Liability: $2,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
B. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
C. Workers’ Compensation and Employer’s Liability: $1,000,000 per accident for bodily injury or disease. If Consultant is not subject to California Workers’ Compensation requirements, Consultant shall file a completed certificate of exemption form which may be obtained from the City prior to commencing any activity authorized hereunder.
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