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HomeMy WebLinkAbout16.a. Committee Minutes-Real Estate, Environmental & Planning 11-02-20 Page 1 of 10 Item 16.a. CENTRALSAN jdf A- hom CENTRAL CONTRA COSTA SANITARY DISTRICT November 19, 2020 TO: HONORABLE BOARD OF DIRECTORS FROM: KATIE YOUNG, SECRETARYOF THE DISTRICT SUBJECT: NOVEMBER 2, 2020 - REAL ESTATE, ENVIRONMENTAL & PLANNING COMMITTEE - CHAIR PILECKI AND PRESIDENT MCGILL Attached are minutes of the above Committee meeting. ATTACHMENTS: 1. Minutes of 11-02-20 meeting November 19, 2020 Regular Board Meeting Agenda Packet- Page 119 of 152 Page 2 of 10 CENTRALSAN CONTRACENTRAL •STA SANITARY DISTRICT 5019 IMHOFF BOARD OF DIRECTORS: REGULAR MEETING OF THE MICHAEL R.MCCILL President CENTRAL CONTRA COSTA TAD PILECKI SANITARY DISTRICT President Pro Tent REAL ESTATE, ENVIRONMENTAL PAUL HCAUSEY & PLANNING COMMITTEE DMD R. WILLIAMS DAVID R. WILLIAMS MINUTES PHONE: (925)228-9500 FAX. (925)372-0192 www.centralsan.org Monday, November 2, 2020 9:00 a.m. 2N1 Floor Conference Room 5019 Imhoff Place Martinez, California Committee: Chair Tad Pilecki Member Mike McGill Staff. Kent Alm, District Counsel Philip Leiber, Director of Finance and Administration (joined during Item 2) Jean-Marc Petit, Director of Engineering and Technical Services Danea Gemmell, Planning and Development Services Division Manager Melody LaBella, Resource Recovery Program Manager (joined during Item 2) Edgar Lopez, Capital Projects Division Manager (joined during Item 2, left during Item 5.b.) Lori Schectel, Environmental and Regularoty Compliance Division Manager Thomas Brightbill, Senior Engineer (joined during Item 2) Dan Frost, Senior Engineer (left after Item 5.a.) Richard Foss, Associate Engineer (joined during Item 2, left during Item 5.b.) Heather Ramamurthy, Management Analyst Donna Anderson, Assistant to the Secretary of the District Amelia Berumen, Senior Administrative Technician 1. Notice This meeting was held in accordance with the Brown Act as in effect under the State Emergency Services Act, the Governor's Emergency Declaration related to COVID-19, and the Governor's Executive Order N-29-20 issued on March 17, 2020 that allowed attendance by Board Members, District staff, and the public to participate November 19, 2020 Regular Board Meeting Agenda Packet- Page 120 of 152 Page 3 of 10 Real Estate, Environmental & Planning Committee Minutes November 2, 2020 Page 2 and conduct the meeting by teleconference, videoconference, or both. The agenda included instructions for options in which the public could participate in the meeting. 2. Call Meeting to Order Chair Pilecki called the meeting to order at 9:00 a.m. 3. Public Comments - None. 4. Consent Calendar a. Recommend the Board adopt Resolution No. 2020- authorizing execution of quitclaim deeds for existing easements to California Pacific Bank, the Dale L. and Felicidad G. Giberson 2009 Family Trust, or the current property owners at that time of recording the quitclaim deeds, for properties known as Seclusion Valley located in the unincorporated area of Lafayette, related to Job 6619, and authorizing staff to record documents with the Contra Costa County Recorder b. Recommend the Board adopt Resolution No. 2020- accepting offer of dedication of sanitary sewer easements in the City of San Ramon as depicted on Subdivision Map 9456, related to Job 6643, and authorizing staff to record documents with the Contra Costa County Recorder C. Recommend the Board adopt Resolution No. 2020- accepting the Grant of Irrevocable Offer of Dedication of a sanitary sewer easement offered by Vital Building & Enterprises, Inc., as related to Job 6688, located in the Town of Danville, and authorizing staff to record documents with the Contra Costa County Recorder d. Recommend the Board adopt Resolution No. 2020- authorizing the execution of a common use agreement for installation of a community wall over a sanitary sewer located in the Town of Danville, and authorizing staff to record documents with the Contra Costa County Recorder Member McGill appreciated having Items 4.a. through 4.d. on a Committee Consent Calendar(a request he made at the last Committee meeting). However, he had questions on Item 4.b., which was pulled for discussion. He noted that the Alternatives section of the draft Position Paper indicated that the Board could decline to accept the offer. In his experience, he said some counties or cities do not accept them for many years and asked Mr. Alm under what circumstances would not accepting such an offer be recommended. Mr. Alm provided a comprehensive response to Member McGill's inquiry about the offers of dedication process, the benefits of accepting and filing the offers right away, and a brief history of when Central San began this routine practice. November 19, 2020 Regular Board Meeting Agenda Packet- Page 121 of 152 Page 4 of 10 Real Estate, Environmental & Planning Committee Minutes November 2, 2020 Page 3 He explained that if an easement is created on a subdivision map, there is a set of rules that it is irrevocable for 25 years, and if used in any manner it would be deemed an acceptance without any further action. For easements that are not done via subdivision map dedications, as typically occurs at the District, the intention is that the District can accept the offer at any time. The idea of"waiting"is to have clarity in the record as to when the District has accepted the easement and assumes responsibility for it. The intent is to accept an offer of dedication as of a particular date in order to avoid responsibility for an easement during construction; thereby, leaving the developer with the liability during that time but providing the District with a guarantee that it will obtain the property rights when accepted. He also confirmed that even if the easement had not yet been accepted, a title report would show the offer(s) of dedication being issued. Chair Pilecki asked and received confirmation from Ms. Gemmell that prior to these matters being brought before the Board for acceptance, staff reviews the proposed right-of-way area to ensure it results in a useable and maintainable easement and that it is not a blind acceptance. Mr. Alm agreed and stated that is why irrevocable offers are done so that the District can demonstrate in the process that the easement was not accepted until it was found to be useful. The Committee concurred with staff's position on Items 4.a. through 4.d., recommending Board approval. Upon conclusion of Item 5, Member McGill reverted to this agenda category to inquire about Item 4.d., seeking further explanation of the encroachment conflict mentioned in the Background section of the draft Position Paper regarding a community wall over a sewer easement in the Town of Danville. Ms. Gemmell explained that in 1988, the Town submitted a plan to build a wall over a sewer easement, which was approved by the District. A common use agreement, similar to a real property agreement, was entered into with the Town to address liability and other issues. While the District does not generally allow anything to be built on top of easements, Ms. Gemmell concurred with Member McGill's comment that the sewer pipe in that easement is ductile iron; thus, the pipe is unlikely to be harmed by the community wall. Member Pilecki asked if the Town would be responsible for any costs associated with repairing the wall if the pipe ever needed repair. Ms. Gemmell confirmed that was correct. Mr. Alm stated that he did not recall if he personally examined the common use agreement for the easement but would take a closer look prior to the Board meeting. In general, he stated that these types of agreements are very protective of the District's assets. November 19, 2020 Regular Board Meeting Agenda Packet- Page 122 of 152 Page 5 of 10 Real Estate, Environmental & Planning Committee Minutes November 2, 2020 Page 4 At the conclusion of this additional discussion, Chair Pilecki confirmed the Committee's stance had not changed and recommended Board approval. COMMITTEE ACTION: Recommended Board approval. 5. Individual Items for Committee Recommendation to Board a. Review draft Position Paper to authorize the General Manager to continue to waive the volumetric fee for commercial recycled water truck fill program customers up to a limit of 100,000 gallons per year, per customer for calendar years 2021 and 2022 When this program went into effect, Ms. Gemmell stated that a time limit of two years was determined for staff to review the need to continue. Mr. Frost provided a broad overview of the program startup, introduced during the peak of the 2015 drought, to waive truck fees associated to recycled water use, which continued unchanged through 2017-2018. For 2019-2020, a fee- waive cap was applied on usage up to 100,000 gallons. Some customers did exceed the 100,000-gallon threshold and paid for additional usage accordingly. He said the program has worked very well and that staff recommended it continue for two more years, 2021-2022. Mr. Frost said the usages under the program fluctuates greatly, going up with nearby construction projects (e.g. Highway 4 widening), hydrants on the distribution system, and those that can easily access the recycled water fill station, especially during mandatory drought restrictions. Member McGill stated he was not certain how he stood on the matter, other than he would like to see more recycled water versus potable water use, noting that some of the basic costs are incurred regardless. He offered that the District may want to consider a policy in the future on how to deal with recycled water usage during droughts, to the effect that recycled water should be free during such situations. He stated that for now he was inclined to support staff's recommendation. Chair Pilecki concurred that he too was inclined to support the extension. Although there may not be many users now, should another drought occur, this program can help promote the use of recycled water for not only commercial use, but for the general public. COMMITTEE ACTION: Recommended Board approval. At this time, Member McGill requested to revisit the Consent Calendar, particularly Item 4.d. November 19, 2020 Regular Board Meeting Agenda Packet- Page 123 of 152 Page 6 of 10 Real Estate, Environmental & Planning Committee Minutes November 2, 2020 Page 5 6. Other Items a. Receive Quarterly Permit Counter Activity Report Ms. Gemmell stated that the last few months of 2019 were included in the report for comparison reasons. Since the County deemed construction activities as essential operations in early May, the number of applications received by the Permit Counter is on par with the level received in 2019. She noted that the blue column entitled Public Benefit on the report shows the additional work performed by the Permit Counter staff during the COVID-19 pandemic. It represents added interactions with customers in order to maintain applications (i.e. via email and phone calls), which has led to a higher amount of activity. A lot of homeowners have been going through the permitting process for the first time and that typically brings a lot more questions. Mr. Petit added that although the Permit Counter is not open for face-to-face contact, Permit Counter staff has remained onsite throughout the pandemic on a rotating basis. Ms. Gemmell shared that the Permit Counter staff has moved to a 9/80 work schedule, which allows a productive rotation amongst the group for onsite work and then allows them to gather their projects to continue work at home. Member Pilecki noted that although it appears the applications and permits processed are nearly the same, the Public Benefit side is two-to-three times higher, which speaks to the efficiencies gained when customers can meet in person. With that, he highlighted that returning to normal operations will be quite beneficial. It is during those interactions that questions can be asked/answered that were not otherwise thought about beforehand. Ms. Gemmell responded to other Committee inquiries, stating that staff is in constant contact with other agencies about their customer contact protocols during these times, and that there are instances when a conference/video call meeting is set up for those projects requiring more visual customer contact. Lastly, Ms. Gemmell announced that staff will be implementing the encroachment verification applications for the new Oracle permitting module on November 16. Currently, it is a paper- or email- driven process. COMMITTEE ACTION: Received the update. November 19, 2020 Regular Board Meeting Agenda Packet- Page 124 of 152 Page 7 of 10 Real Estate, Environmental & Planning Committee Minutes November 2, 2020 Page 6 b. Receive an overview of District properties, including current leases on buffer properties Ms. Gemmell announced that the material presented at this meeting will serve as a preview to the proposed Board policy regarding the use of buffer properties that staff intends to bring to the Committee next month. Mr. Alm added that the information the Committee will be reviewing today is very helpful and, for quite some time, he has felt it would be good to have a policy and protocol in place for handling leasing, disposition, and use of District properties, buffer or otherwise. Chair Pilecki asked whether the development of a policy should be reviewed by this Committee or remain with the Administration Committee, which typically reviews Board policies. Mr. Alm responded that this matter would best fall within the purview of this Committee for its development. It could then be brought before the full Board for discussion and, at that time, the Board could direct the matter back to the Administration Committee for finalization. Otherwise, it could be problematic for the policy to go to the Administration Committee prior to the Board. The Committee was satisfied with that explanation and in knowing it can be appropriately handled in compliance with the Brown Act. Ms. Gemmell provided a very thorough overview of the information provided in the agenda material and responded to various questions from the Committee. She started with Attachment 2, explaining its content and to highlight the identification numbers listed on the spreadsheet also correspond to the numbers listed on the various site maps and presentation attachments. The following depicts noteworthy items during the discussion that the Committee inquired about and/or requested more information: Leases: • Ms. Gemmell stated that staff tries to keep lease terms under 10 years; some companies have leased properties for many years. Overall, rental income is expected to be $720,000 this fiscal year, $740,000 next fiscal year with rate increases. • Chair Pilecki inquired ifAgLantis (CoCo San Sustainable Farm) was charged a lease rate for the use of Bay 4 since it was not reflected on the spreadsheet. Ms. Gemmell replied that AgLantis is charged a minimal rate of$1 per month, or$12 per year, which would be captured on the spreadsheet when presented to the full Board. • Chair Pilecki asked how much longer the Contra Costa Water District (CCWD) plans to lease the Alum Drying Ponds land. Ms. Gemmell replied that the lease was recently renegotiated and that CCWD was only comfortable signing a five-year lease (versus the previous ten-year November 19, 2020 Regular Board Meeting Agenda Packet- Page 125 of 152 Page 8 of 10 Real Estate, Environmental & Planning Committee Minutes November 2, 2020 Page 7 lease), set to expire in 2023. She expects more will be known about their intention when lease negotiations take place in 2022. Miscellaneous Property Listings: • Treatment Plant Site: Chair Pilecki noted that the overall treatment plant site was not included in the property summary spreadsheet. He advised that for completeness, the entire plant should be captured, even if a footnote, to adequately account for the land. Ms. Gemmell will add to the listing, including the Alum Drying Ponds. • CalTrans property adjacent to Central San: Staff is keeping a watch to see if CalTrans will surplus the mentioned property once the Highway 4 construction is complete in the hope of purchasing the land. Chair Pilecki agreed that Central San should purchase if it becomes available. He also noted that the CalTrans frontage road along the entire treatment plant site should be added to the listing for institutional knowledge. Ms. Gemmell will add. • Refinery Lease, Sheet 3: The District is currently leasing driveway space to the refinery. Staff is working with the refinery to swap property space so that the refinery can access their contractor's gate and the District can expand the Fairview Pump Station space. Negotiations were delayed with the pandemic but should be close to bringing forward for review in the next 4-6 weeks. • Waterfront Road, Sheet 4: Line shown is bowed due to the slope of the north parcel that gave way and forced the line to the right. This area, near the ACME landfill and a closed landfill parcel, is part of ongoing surveying work to monitor. • Pump Stations in Orinda Vicinity, Sheet 7: Chair Pilecki stated that he assumed the District does not have title to the pump station sites near the Wagner Ranch School District or Acacia since they are considered private property. Ms. Gemmell will research the land ownership for those pump station sites. Mr. Petit added that the Lower Wilder/Upper Wilder areas are privately owned, but the Acacia station is titled to Central San. • Property No. 40, Sheet 8: Listed as operational, to which Chair Pilecki stated he does not believe there is any operational use of that property and that is was acquired after a serious landslide occurrence. Ms. Gemmell replied that some sewer mains remain in that area. Chair Pilecki said the property is almost two acres and, like some other unusual spots, should be designated differently. November 19, 2020 Regular Board Meeting Agenda Packet- Page 126 of 152 Page 9 of 10 Real Estate, Environmental & Planning Committee Minutes November 2, 2020 Page 8 • AT&T Cell Site, Sheet 11, et al: The cell site will generate approximately $36,000 a year through 2023. Chair Pilecki requested staff also show the piece of property Central San leases from CalTrans, which changes the footprint of the site. Mr. Alm added that if CalTrans were to cancel that lease, it would impose serious space issues for the Collection Systems Operations site. • Moraga Pump Station, Sheet 9 and San Ramon Pump Station, Sheet 12: Chair Pilecki asked why the pumps stations are not shown as one large lot and asked if the lots should be merged to which Ms. Gemmell said she would research. Member McGill added that having multiple adjoining lots allows for flexibility if needed. The Committee commended staff on the comprehensive information provided and felt it was time well spent. In response to Member McGill asking if staff was able to capture everything, Ms. Gemmell stated that staff went through Parcel Quest to pull anything related to Central San and reiterated she will follow-up on other property matters as discussed. COMMITTEE ACTION: Received the information. C. Receive update on the most recent meeting of the Bay Area Clean Water Agencies (BACWA) Ms. Schectel reviewed the key items listed on the memorandum in the agenda materials, below highlights some of the discussion of note: PFAS Study: Central San is one of 13 member agencies and 14 plants involved with Phase 1 of the regional study overseen by the San Francisco Estuary Institute. Sampling at Central San will occur during the week of November 16. Participation in the second phase, during the summer of 2021, will be determined by the results of Phase 1. State Board Vulnerability Assessment: The assessment is expected to be sent out by the State Water Board sometime in early 2021 and will likely be a non- narrative survey. She stated that the Bay Area Regional Water Board may prefer a narrative survey, so a submittal may be a combination of input. More information may be available after the November 30 joint BACWA Board/Regional Water Board meeting. Member McGill asked whether it would be alright for the Committee to review the survey, especially in light of the Treatment Plant Climate Resiliency future agenda item pending. Mr. Petit stated that staff can bring the questionnaire to the Committee for discussion. Chair Pilecki stated he would also like to see the questionnaire, and hear how staff will respond and their future plans, especially on how this may impact the Outfall. November 19, 2020 Regular Board Meeting Agenda Packet- Page 127 of 152 Page 10 of 10 Real Estate, Environmental & Planning Committee Minutes November 2, 2020 Page 9 COMMITTEE ACTION: Received the information. 7. Announcements Ms. LaBella announced that, on behalf of the Golden Rain Foundation/Rossmoor, Jim Brezak contacted her to discuss their intent to develop a satellite water recycling facility (SWRF) for Rossmoor's two golf courses, similar to the Diablo Country Club. 8. Suggestions for future agenda items a. Receive list of upcoming agenda items and provide suggestions for any other future agenda items Mr. Petit inquired whether it was the Committee's desire to receive an update at the next meeting to summarize the end-of-the year activities of the Committee and if there are any pending items to carry forward to the next Committee's list of future agenda items. The Committee stated they would like to receive such an update. COMMITTEE ACTION: Received the list and expressed interested in a summary of the year's activities and any pending items to be carried over to 2021. 9. Future scheduled meetings Monday, December 14, 2020 at 9:00 a.m. 10. Adjournment— at 10:40 a.m. November 19, 2020 Regular Board Meeting Agenda Packet- Page 128 of 152