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Home My WebLink About072-2014RESOLUTION NO. 72 -2014 APPROVING THE "PG &B/AGENCY FRAMEWORK" WITH PG &E REGARDING THEIR PIPELINE PATHWAYS PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT WHEREAS, PG &E is proposing to undertake a "Pipeline Pathways Project" for the purpose of enhancing safety related to their gas transmission pipelines; and WHEREAS, Danville, as part of a coalition of East Bay cities, has raised issues and concerns related to potentially extensive tree removal proposed by PG &E as part of this project, as well as significant other procedural and legal issues; and WHEREAS, trees and tree preservation contribute significantly to the overall character, history and aesthetics of the Town of Danville; and WHEREAS, Danville and PG &E wish to identify a mutually agreeable process for moving forward which will address the need to support gas pipeline integrity and safety and the importance of significant trees and landscaping to the overall character of the Danville community; and WHEREAS, Danville has worked as part of a sub - committee of Contra Costa and Alameda County agencies to develop a "PG &E/ Agency Framework" which sets forth principles for how PG &E may work with agencies toward implementation of their "Pipeline Pathways Project" through a collaborative and transparent process; and WHEREAS, Danville finds that working with PG &E to implement the principles described in the "PG &E/ Agency Framework" will reduce the extent of tree removal required as part of the "Pipeline Pathways Project" within the Town; now, therefore, be it RESOLVED, that the Danville Town Council does hereby approve the "PG &E/ Agency Framework," attached as Exhibit 1 to this Resolution, and authorizes the Mayor to execute the Agreement of behalf of the Town. APPROVED by the Danville Town Council at a regular meeting on September 2, 2014, by the following vote: AYES: Storer, Doyle, Arnerich, Morgan, Stepper NOES: None ABSTAINED: None ABSENT: None APPROVED AS TO FORM: C TY ATTORNEY PG &E /Agency Framework June 30, 2014 I. On May 1, 2014 representatives from PG &E met with City /County Managers and Administrators representing public agencies in Contra Costa and Alameda Counties to continue dialogue around PG &E's implementation of their Pipeline Pathways Project (PPP). II. PG &E and public agencies in attendance discussed the importance of moving forward on the PPP through a collaborative process that addresses community needs and expectations including: 1) the need to maintain and promote gas pipeline integrity and safety; and 2) the importance of trees and landscaping to overall community character and aesthetics, visual buffering, etc. III. PG &E and public agencies share a genuine commitment to ensure the safety of communities, and agree to work cooperatively to eliminate or mitigate the threat to PG &E's pipelines posed by certain trees and structures on PG &E's pipeline rights -of -way, IV. Agencies support an overall pipeline integrity safety plan that includes the need to clearly mark or delineate the location of existing pipelines, ongoing monitoring and inspection of pipelines, selective vegetation management within PG &E pipeline easements, addressing the existence of incompatible structures within PG &E pipeline easements, and the need to work with agencies to ensure that future local planning and development activities and entitlements are consistent with the goal of maintaining pipeline safety. V. PG &E has committed to not remove any trees on public or private property, without first having an agreement in place with individual communities about a path forward. VI. From an agency perspective, PG &E's gas pipeline network has safely co- existed with trees and vegetation over several decades. Agencies are interested in ensuring a deliberate and transparent review process, which considers all mitigation options available moving forward. VII. Prior to moving forward with vegetation management activities under the PPP, PG &E agrees to work with the local agencies, including doing the following: 1. Per an agency's request, re- evaluate all trees already submitted to agencies as trees PG &E desires to remove with a goal of reducing the number of trees proposed for removal. 2. For those agencies that PG &E has yet to submit tree removal information, propose removal of only those trees that PG &E has data to support PG &E's safety concerns, with the goal of reducing the number of trees proposed for removal. 3. Comply with local ministerial encroachment permit procedures and requirements related to removing or trimming any trees within the public right -of -way, including any publicly owned trees. 4. Working with local agencies, identify any trees proposed for removal that would be protected by local agency. tree preservation ordinances. 5. Once the parties agree on the removal of the protected tree identified under section VII.4, mitigate that tree in a manner mutually agreed upon by the parties. EXHIBIT 1 TO RESOLUTION NO. 72 -2014 6. Comply with applicable environmental standards related to raptor nesting season, unique or endangered habitats, etc. 7. Pay necessary and reasonable costs and fees associated with agency evaluation of work proposed to be performed as part of the PPP. This includes reimbursement costs required for city /town /county retention of third party arborists, and /or other consultant or staff time as agreed by PG &E and the local agency. 8. Evaluate potential mitigation measures, including but not limited to: a. Specific risk assessment on a tree by tree basis; b. Regular, ongoing monitoring and inspection of pipelines, including possible use of subsurface radar to determine whether, and the extent to which tree roots have grown into contact with pipelines; C. Root barriers to protect pipeline coating; d. Tree removal and /or trimming. In the event that it is necessary to undertake tree removal and /or trimming, mitigation measures will be identified, evaluated and implemented by PG &E, as appropriate; e. Potential pipeline retrofitting to accommodate in -line inspections or other inspection technology. VIII. In order to facilitate agency evaluation and understanding of the proposed PPP work, PG &E will submit the following information: 1. Mapping and /or data showing: a. trunk diameter, species and location of landscaping proposed to be affected by PPP; b. all trees that would be covered by local tree preservation ordinances; C. location of the pipeline within any public right of way or PG &E easement; d. location of the pipeline in proximity to private property lines and structures; e. depth of the pipeline in areas where trees are proposed to be removed or trimmed; f. location of certain non - compatible structures to be removed or relocated, excluding any private customer information. 2. Reports or surveys prepared by or for PG &E addressing the condition and health of trees proposed to be removed or trimmed. 3. Information about the safety risk associated with the trees proposed to be removed or trimmed. 4. Other information and /or data as may be requested by the agency, S. Nothing in this Agreement shall require PG &E to disclose any confidential or otherwise protected information, including private customer - specific data. EXHIBIT 1 TO RESOLUTION NO. 72 -2014 IX. PG &E and agency will undertake joint field review to verify the location of: affected pipelines, structures proximate to the pipelines; trees and shrubs potentially affected as well as the health and condition of same. Following the receipt of additional information and completing a field review, the agency will provide written feedback within a timeframe to be determined between PG &E and each local agency. X. Priorto performing public outreach, PG &E will work with agency to identify appropriate community outreach activities to be undertaken to ensure that community members are informed of the project, and have the opportunity to provide feedback, receive answers to questions, etc. XI. If any tree or structure poses an imminent threat to the safe operation of PG &E's gas pipelines, PG &E will provide notice to the agency at least twenty -four hours prior to the start of its work removing such tree or structure. As part of that notice, PG &E will provide the agency with its documentation of the imminent threat. If immediate tree or structure removal is required, PG &E shall provide such notice and documentation immediately after the removal is completed. XII. Nothing in this framework is intended to change the existing rights and duties of any of the parties, including with respect to the applicabilityof local ordinances orthe jurisdiction of the California Public Utilities Commission. DATE: June 30, 2014 By: M. Kirk Johnson Vice President, Gas Operations Major Projects and Programs Pacific Gas & Electric Company DATE: 2014 By: DATE: 2014 By: DATE: , 2014 By: EXHIBIT 1 TO RESOLUTION NO. 72 -2014