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HomeMy WebLinkAbout03. Accept 2018 Wastewater Utility Service Capacity/Demand Report and adopt policy re provision of wastewater collection to residential affordable housing units Page 1 of 11 Item 3. CENTRAL SAN BOARD OF DIRECTORS ' POSITION PAPER MEETING DATE: MAY 17, 2018 SUBJECT: ACCEPTTHE 2018 WASTEWATER UTILITYSERVICE CAPACITY/DEMAND REPORT AND ADOPT RESOLUTION NO. 2018-009 ADOPTING A POLICY AND PROCEDURES REGARDING THE PROVISION OF WASTEWATER COLLECTION, TREATMENT, AND DISPOSAL SERVICES TO RESIDENTIAL DEVELOPMENTS WITH AFFORDABLE HOUSING UNITS SUBMITTED BY: INITIATING DEPARTMENT: RUSSELL LEAVITT, ENGINEERING ENGINEERING AND TECHNICAL SERVICES- ASSISTANT I I I PDS-RATES AND FEES REVIEWED BY: THOMAS BRIGHTBILL, SENIOR ENGINEER DANEA GEMMELL, PLANNING AND DEVELOPMENT SERVICES DIVISION MANAGER JEAN-MARC PETIT, DIRECTOR OF ENGINEERINGAND TECHNICAL SERVICES 46, Roger S. Bailey Kenton L. Alm General Manager District Counsel ISSUE State law requires Central San to give wastewater utility service priority to residential developments with affordable housing units and adopt a policy on the subject at least once every five years thereafter. Staff has prepared an updated report detailing the District's ability to comply with this law. May 17, 2018 Regular Board Meeting Agenda Packet- Page 35 of 534 Page 2 of 11 BACKGROUND Since 2006, the Central San Board of Directors has periodically approved resolutions establishing a written policy regarding the provision of wastewater collection, treatment, and disposal services to residential developments with housing units affordable to lower income households. Government Code Section 65589.7 (SB 1087) requires that these written policies be adopted at least once every five years and that they must contain specific objective standards for the provision of wastewater utility service. In preparation for these resolutions, wastewater utility service capacity/demand reports have been prepared to assess the District's capability of providing sufficient collection, treatment, and disposal capacity for anticipated demand. The reports also identify when the next such report would be prepared, taking into consideration the scheduled completion of the next Association of Bay Area Governments (ABAG) Regional Housing Needs Assessment and the minimum five-year review requirement. The attached 2018 report clearly demonstrates that the wastewater collection, treatment, and disposal needs of all service area housing, specifically planned through the year 2022, can be accommodated. ALTERNATIVES/CONSIDERATIONS The report is provided for informational purposes only. If not accepted, direction should be given to staff as to which aspects of the report require revision before being returned to the Board. Likewise, the Board may reject or defer adoption of the resolution. Since Central San must comply with State law, if the resolution is not adopted, direction should be given to staff as to which aspects of the proposed policy require further consideration before being returned to the Board. FINANCIAL IMPACTS No impact. COMMITTEE RECOMMENDATION This item was reviewed by the Real Estate, Environmental and Planning Committee at its April 25, 2018 meeting and the Committee recommended Board approval. RECOMMENDED BOARD ACTION Accept the attached report on Central San's wastewater utility service capacity and anticipated demand and approve a resolution adopting a policy and procedures regarding the provision of wastewater collection, treatment, and disposal services to residential developments with affordable housing units. Strategic Plan re-In GOAL TWO: Strive to Meet Regulatory Requirements Strategy 1 - Strive to Achieve 100% Permit Compliance in Air, Water, Land and Other Regulations ATTACHMENTS: 1. 2018 Capacity/Demand Report 2. Proposed Resolution and Policy May 17, 2018 Regular Board Meeting Agenda Packet- Page 36 of 534 Page 3 of 11 ATTACHMENT 1 CENTRAL CONTRA COSTA SANITARY DISTRICT WASTEWATER UTILITY SERVICE CAPACITY/DEMAND REPORT APRIL 2018 BACKGROUND On May 18, 2006, the Central Contra Costa Sanitary District's (Central San) Board of Directors approved Resolution 2006-027, which established a written policy regarding the provision of wastewater collection, treatment, and disposal services to residential developments with affordable housing units. This policy was established to comply with Government Code Section 65589.7 (SB 1087, 2005), which requires public agencies to adopt a written policy giving public sewer services priority to proposed housing developments that help meet the regional need for lower income housing. The law also generally bars denial or the limitation of services solely because a proposed development includes affordable housing. This written policy needed to be adopted on or before July 1, 2006, re-adopted at least once every five years thereafter, and must contain specific objective standards for the provision of wastewater utility service. To implement the policy, the Board resolution required preparation of a wastewater utility service capacity/demand report for Board acceptance within six months. The purpose of the report was to identify Central San's available wastewater collection, treatment, and disposal capacity; anticipated demand for sewer services from lower income households; the necessary steps needed to address capacity shortfalls; and any necessary changes to the policy adopted by this resolution. In November 2006, a report was prepared to comply with the requirements of Central San Board Resolution 2006-027. The report concluded that Central San was capable of providing sufficient collection, treatment, and disposal capacity for anticipated demand to nearly the year 2035. The report also identified that the next such report would be prepared and presented to the Board in 2008, following completion of the next Association of Bay Area Governments (ABAG) Regional Housing Needs Assessment (RHNA) process, and then every five years after that. On December 4, 2008, the Board accepted the 2008 Wastewater Utility Service Capacity/Demand Report and adopted Resolution 2008-114 updating the policy (adopted by Resolution 2006-027) regarding the provision of wastewater collection, treatment, and disposal services to residential developments with affordable housing units. 1 May 17, 2018 Regular Board Meeting Agenda Packet- Page 37 of 534 Page 4 of 11 The 2008 resolution continued to conclude that the Central San is capable of providing sufficient collection, treatment, and disposal capacity for anticipated demand to nearly the year 2035, and that the wastewater collection, treatment, and disposal needs of all housing specifically planned through the year 2014 can be accommodated. The resolution also required that, at least once every five years hereafter, Central San prepares an updated wastewater utility service capacity/demand report for Board acceptance. This process was repeated in 2013 using ABAG RHNA data for 2014- 2022. The following analysis, intended for a 2018 Central San Board action, also uses the ABAG RHNA data for 2014-2022. WASTEWATER CAPACITY There are three components to wastewater utility service: collection, treatment, and disposal. Each component has its own capacity considerations. Collection Central San serves about a 145-square mile area generally located about 30 miles east of San Francisco. Central San's service area includes approximately 344,600 residents of the communities of Alamo, Danville, Lafayette, Martinez, Moraga, Orinda, Pacheco, Pleasant Hill, San Ramon, and Walnut Creek. Central San also treats wastewater for an additional 139,600 residents of the Concord/Clayton area under a 1974 contract with the City of Concord. About 82 percent of Central San's customers are residential. The remaining 18 percent are primarily commercial, office, and institutional customers, with less than 1 percent industrial. To collect wastewater from its customers, Central San owns and maintains about 1,500 miles of sewer pipeline, ranging in size from 6 inches to 120 inches in diameter; and 18 sewage pumping stations. The available, dry weather capacity in the collection system varies by location. Factors affecting available capacity include pipe size, slope, wastewater flows from existing land uses, groundwater infiltration, structural condition, and the extent to which non-structural elements, such as roots and grease buildup constrain the flow-carrying ability of the pipelines. To track available capacity, Central San uses a capacity-modeling program, InfoWorks, to assess the impacts of proposals for localized development in areas of known or anticipated capacity deficiencies or current, high-maintenance facilities. Other reasons for conducting a capacity analysis are when there is a structural failure in a pipe, an overflow in the system, or when Central San's Collection System Operations Department maintenance requests indicate a persistent and continuous problem. Periodically, Central San also prepares comprehensive capacity analyses of the trunk sewer and interceptor systems and the pumping stations as part of a Collection System Master Plan or Pumping Station Master Plan. To preserve design capacity, Central San has an extensive sewer system maintenance program, with each line scheduled for cleaning at a frequency of between one month 2 May 17, 2018 Regular Board Meeting Agenda Packet- Page 38 of 534 Page 5 of 11 and ten years. Also, Central San annually budgets for replacement of a portion of the collection system that is substantially deteriorated or high maintenance. Treatment and Disposal In 2002, Central San received approval from the Regional Water Quality Control Board, San Francisco Bay, to increase its permitted average dry weather flow (ADWF) effluent discharge limit from 45 million gallons per day (mgd) to 53.8 mgd, based on a secondary level of treatment. ADWF is the average daily discharge during the three consecutive months of the calendar year with the lowest discharge quantities, usually the mid- to late summer months. There are two components to ADWF: population- generated, base wastewater flow (BWF) and groundwater infiltration (GWI). Central San's 2002 environmental impact report (EIR) on that requested discharge limit increase noted that an evaluation of the wastewater treatment plant determined that the reliable physical capacity of the wastewater treatment plant is 55 mgd. This is because 55 mgd is the wastewater volume that would produce the maximum quantity of biosolids Central San would be allowed to incinerate under Central San's air quality permit with the Bay Area Air Quality Management District (BAAQMD). The 53.8 mgd discharge limit request was based on buildout of then-planned growth, which was expected to result in an increase in served population of approximately 111,000 by the year 2035, resulting in a total served population of 527,000. The actual 2017 ADWF was 33.3 mgd from a population of about 484,200 and a low level of GWI. Approximately three mgd of the effluent was not discharged to Suisun Bay, but further treated and recycled for use at the treatment plant and in the nearby community. ANTICIPATED DEMAND "Proposed developments that include housing units affordable to lower income households" means that dwelling units shall be sold or rented to lower income households, as defined in Section 50079.5 of the Health and Safety Code, at an affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, or an affordable rent, as defined in Section 50053 of the Health and Safety Code. Table 1 presents the RHNA developed by ABAG for land use planning jurisdictions within Central San's service area for the 2014-2022 housing planning cycle. These numbers indicate that 4,405 housing units for very low and low-income households are anticipated during this planning cycle and 10,011 housing units are anticipated overall. The law, however, could be interpreted to mean that Central San must give priority to an entire proposed development that includes affordable housing units; not just to the affordable housing units. Hypothetically, if a 100-unit residential development were to include even a few affordable housing units, Central San may need to give priority to the entire development. The amount of "non-affordable units" that might be linked to future affordable housing projects cannot be known, nor can the amount and type of units that 3 May 17, 2018 Regular Board Meeting Agenda Packet- Page 39 of 534 Page 6 of 11 have already been constructed; therefore, the overall goal of 10,111 housing units will be considered for the purpose of this study. The BWF and GWI that would be produced by these sets of housing units also are presented in Table 1. To convert projected housing units to future wastewater flow, it is assumed that the 4,405 very low and low-income housing units will be multi-family and the remaining 5,606 are single family. Central San's 2017 Comprehensive Wastewater Master Plan (CWMP) calculated BWF at 105 gallons per day for multi-family units and 180 gallons per day for single-family units. TABLE 1. ABAG HOUSING NEEDS ALLOCATION WITHIN CENTRAL SAN'S SERVICE AREA, 2014-2022 AND PROJECTED WASTEWATER GENERATION VERY LOW LOW MODERATE MO ERAROVE TOTAL Clayton 51 25 31 34 141 Concord 798 444 559 1,677 3,478 Danville 196 111 124 126 557 Lafayette 138 78 85 99 400 Martinez a 124 72 78 195 469 Mora a 75 44 50 60 229 Orinda 84 47 54 42 227 Pleasant Hill 118 69 84 177 448 San Ramona 516 279 282 340 1,417 Walnut Creek 604 355 381 895 2,235 Unincorporated b 374 [112] 218 [65] 243 [73] 532 [160] 1,367 [410] Subtotals 2,816 1,589 1,801 3,805 Totals 4,405 5,606 10,011 RESIDENTIAL BASE 0.46 mgd 1.01 mgd 1.47 mgd WASTEWATER FLOW (BWI) (c) (a)Wastewater service for these cities is shared by Central San and other agencies. This analysis assumes, worst-case, that all units are built in the portion of these cities served by Central San. (b)Wastewater service in the unincorporated areas is shared by Central San and other agencies. This analysis assumes that Central San will serve only the portion of these units shown in [brackets]; this portion was determined based on Central San's estimated 30 percent share of the overall unincorporated population. (c)Assumes that the very low and low-income housing units will be multi-family and the remainder is single family. Wastewater generation factors of 105 gallons per day for multi-family units and 180 gallons per day for single-family units are used. Applying these flow rates to the 2014-2022 ABAG housing estimates, the affordable units would have an added burden of 0.46 mgd, the other residential units would add 1 .01 mgd, and the total would be 1.47 mqd. To include non-residential flows, the 2017 4 May 17, 2018 Regular Board Meeting Agenda Packet- Page 40 of 534 Page 7 of 11 CWMP presents a summary of 2017 land use and flow rates. Using this data, the proportion of non-residential to residential flow can be estimated at 40 percent, so an additional 0.59 mqd (40% x 1.47 mgd) should be added to represent future, non- residential flows (Table 11.3 Summary of Future Model Loads). If these amounts (1.47 mgd residential flow + 0.59 mgd non-residential flow), totaling 2.06 mqd were added to the year 2017 ADWF of 33.3 mgd, the year 2022 effluent discharge would be 35.4 mqd, which would still be substantially below Central San's 53.8 mgd limit. Future increases in GWI or substantial increases in non-residential wastewater could adversely affect this total, though a review of flow data indicates that both GWI and non-residential wastewater flow rates appear to be declining. These flows are reviewed annually, which should allow ample warning if the current trends change. STEPS NEEDED TO ADDRESS CAPACITY SHORTFALLS Collection When collection system capacity shortfalls are identified, Central San can require improvements to be made directly by developers of nearby projects. If the capacity deficiencies are too far downstream from an active project site to be considered a direct impact of a development project, Central San includes funding for such improvements in its Capital Improvement Plan. Treatment and Disposal As discussed above, Central San's effluent discharge limit can accommodate all anticipated residential and non-residential growth anticipated during the years 2018- 2022. In fact, Central San's 53.8 mgd discharge limit should be adequate for the next several decades. Under worst-case groundwater conditions, the discharge limit could be reached a few years sooner than 2035, due to the increase in planned growth since the limit was approved in 2002. This additional planned growth, however, could be partially or completely offset by the increased water conservation that is already occurring and expected to continue, as well as by expected increases in the use of recycled water. Also, worst-case groundwater conditions are not likely to be consistently sustained for a continuous number of years, but Central San is required to stay below its effluent discharge limit. NECESSARY CHANGES TO THE POLICY No substantive changes to the previously-approved policy are necessary at this time. Central San can continue to serve customers on a first-come, first-serve basis without the need to prioritize connections based on the affordability level of residential developments. To comply with the law's five-year review requirement, the next Wastewater Utility Service Capacity/Demand Report will be prepared and presented to Central San's Board of Directors by the end of 2023, which coincides with the next ABAG RHNA. 5 May 17, 2018 Regular Board Meeting Agenda Packet- Page 41 of 534 Page 8 of 11 RESOLUTION NO. 2018 - A RESOLUTION ADOPTING THE CENTRAL SAN POLICY AND PROCEDURES REGARDING THE PROVISION OF WASTEWATER COLLECTION, TREATMENT, AND DISPOSAL SERVICES TO RESIDENTIAL DEVELOPMENTS WITH AFFORDABLE HOUSING UNITS WHEREAS, Central Contra Costa Sanitary District (Central San) is committed to the fair and equitable provision of wastewater collection, treatment, and disposal services to persons and entities within its jurisdiction, in conformity with state law and the District Code; and WHEREAS, Government Code Section 65589.7 requires Central San to adopt, at least once every five years, a written policy (i) granting or providing priority for the provision of public sewer services to proposed housing developments that help meet the regional need for lower income housing, and (ii) barring the denial or the conditioning of approval of an application for services or reducing the amount of the services applied for, solely because a proposed development includes affordable housing components, except in limited circumstances. BE IT RESOLVED by the Board of Directors of Central San as follows: 1. That the "Central San Policy and Procedures Regarding the Provision of Service to Residential Developments with Affordable Housing Units," a copy of which is attached hereto, is hereby approved and adopted. 2. That the Central San Policy and Procedures shall govern the manner in which wastewater collection, treatment, and disposal services are provided to proposed residential housing developments within Central San's jurisdiction that address the needs of lower income households. 3. That at least once every five years hereafter, Central San shall prepare a report for acceptance by the Board of Directors identifying such factors as the available collection, treatment, and disposal capacity, anticipated demand for sewer services from lower income households, the necessary steps needed to address capacity shortfalls, and any necessary changes to the policy adopted by this resolution. 4. That each portion of this resolution is severable. Should any portion of this resolution be adjudged to be invalid and unenforceable by a body of competent jurisdiction, then the remaining resolution portions shall be and continue in full force and effect. May 17, 2018 Regular Board Meeting Agenda Packet- Page 42 of 534 Page 9 of 11 Resolution No. 2018- Central Contra Costa Sanitary District Page 2 of 4 PASSED AND ADOPTED this 17th day of May, 2018 by the following vote: AYES: Members: NOES: Members: ABSENT: Members: James A. Nejedly President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Katie Young Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California Approved as to Form: Kenton L. Alm, Esq. Counsel for the District May 17, 2018 Regular Board Meeting Agenda Packet- Page 43 of 534 Page 10 of 11 Resolution No. 2018- Central Contra Costa Sanitary District Page 3 of 4 CENTRAL SAN POLICY AND PROCEDURES REGARDING THE PROVISION OF SERVICE TO RESIDENTIAL DEVELOPMENTS WITH AFFORDABLE HOUSING UNITS 1. Policy Background: Pursuant to Government Code Section 65589.7, the Central Contra Costa Sanitary District (Central San) is required to adopt a written policy (i) granting or providing priority for the provision of public sewer services to proposed housing developments that help meet the regional need for lower income housing and (ii) barring the denial or the conditioning of approval of an application for services, or reducing the amount of the services applied for, merely because a proposed development includes affordable housing components, except in limited circumstances. The policy and procedures set forth herein conforms to this mandate. 2. General Service Policy: To the extent practical, Central San shall provide or allow to be provided wastewater collection, treatment, and disposal facilities that: a) Have sufficient capacity to accommodate the demand from land uses approved in the General Plans of the land use planning jurisdictions within Central San's service area, and b) Are located so as to serve all existing or approved development within Central San's service area and all customers contracting with Central San for service, provided gravity service is feasible. Collection service by gravity sewers is preferred to community pumping systems for financial and environmental quality reasons. Board approval is required to establish a community pumping system. Such approval shall not be based on the presence or absence of housing affordable to low income households. The Board may condition its approval by requiring a community pumping system to be temporary and mandating connection to a gravity sewer when it later becomes available. 3. Provision of Service During Times of Excess Capacity: In times of excess wastewater collection, treatment and disposal capacity, Central San shall review and provide or permit the provision of public sewer service to residential housing developments on an income-neutral basis. Upon an applicant's payment of applicable fees or the execution of a contract to that effect with Central San, public sewer service shall be permitted to eligible customers in the order of an application's submission, subject to the general restrictions set forth herein and the income-neutral requirements of the District Code. 4. Provision of Service During Times of Limited Capacity or Ability to Provide Service: In the event of service limitations due to capacity or regulatory constraints, service priority shall be given to planned developments that include housing units affordable to lower income households in accordance with Government Code Section 65589.7 (SB 1087, 2005), and the limitations set herein. May 17, 2018 Regular Board Meeting Agenda Packet- Page 44 of 534 Page 11 of 11 Resolution No. 2018- Central Contra Costa Sanitary District Page 4 of 4 5. Service Approval and Application Review: Central San shall not deny or condition the approval of an application for services to or reduce the amount of services applied for by a proposed development that includes housing units affordable to lower income households, unless Central San makes specific written findings that the denial, condition or reduction is necessary due to the existence of one or more of the following: (a) Central San does not have sufficient treatment or collection capacity, as demonstrated by a written engineering analysis and report on the condition of the treatment or collection works, to serve the needs of the proposed development. (b) Central San is under an order issued by a regional water quality control board that prohibits new sewer connections. (c) The applicant has failed to agree to reasonable terms and conditions relating to the provision of service generally applicable to development projects seeking service from Central San, but not limited to, the requirements of local, state, or federal laws and regulations or payment of a fee or charge imposed pursuant to Government Code Section 66013. 6. Required Report: At least once every five years, Central San shall prepare a report for acceptance by the Board of Directors identifying: (a) Available collection, treatment, and disposal capacity; (b) The anticipated demand for wastewater utility service by planning housing units affordable to lower income households; (c) Any public or private action steps necessary to accommodate such demand as adequate capacity is unavailable; and (d) Any changes to these policies or procedures necessary for implementing this service requirement. Preparation of this report shall take into account information available in the General Plans of the land use planning jurisdictions within Central San and pertinent Central San plans and documents, such as the Comprehensive Wastewater Master Plan, NPDES Permit, collection system capacity model, and treatment plant operational statistics and analyses. 7. Re-adopt Policy and Procedures: Following acceptance of the above report, the Board of Directors shall re-adopt a written policy and procedures regarding the provision of wastewater collection, treatment, and disposal services to residential developments with housing units affordable to lower income households. May 17, 2018 Regular Board Meeting Agenda Packet- Page 45 of 534