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HomeMy WebLinkAbout13. Conduct a public hearing to consider approval of Mitigated Negative Declaration and Central San's Solar Array Project Page 1 of 43 Item 13. CENTRAL SAN BOARD OF DIRECTORS POSITION PAPER MEETING DATE: SEPTEMBER 2, 2021 SUBJECT: CONDUCTA PUBLIC HEARING TO CONSIDER APPROVAL OF RESOLUTION NO. 2021-049 ADOPTING A MITIGATED NEGATIVE DECLARATIONAND MITIGATION MONITORINGAND REPORTING PROGRAM, AND APPROVING THE PROPOSED SOLAR ARRAY PROJECT ON CENTRAL SAN'S LAGISS PROPERTY; AUTHORIZE THE GENERAL MANAGER TO 1) EXECUTE AMENDMENT NO. 1 TO CENTRAL SAN'S POWER PURCHASE AGREEMENT WITH REC SOLAR; AND 2)AMEND AN EXISTING AS-NEEDED PROFESSIONAL CONSULTING SERVICES AGREEMENT WITH ARC ALTERNATIVES, INCREASING THE COST CEILING FROM $179,600 TO $229,600 SUBMITTED BY: INITIATING DEPARTMENT: RUSS LEAVITT, ENGINEERING ASSISTANT ENGINEERING AND TECHNICAL SERVICES- III RESOURCE RECOVERY MELODY LABELLA, RESOURCE RECOVERY PROGRAM MANAGER REVIEWED BY: JEAN-MARC PETIT, DIRECTOR OF ENGINEERING AND TECHNICAL SERVICES Roger S. Bailey Kenton L. Alm General Manager District Counsel ISSUE In order for REC Solar Commercial Corporation (REC Solar), also known as Duke Energy Renewables, to move forward with construction of a Solar Project on Central San's Lagiss Property, Central San's Board of Directors (Board) must adopt the appropriate California Environmental Quality Act (CEQA) documentation and approve the project. In addition, Board authorization is required to amend existing agreements over$200,000. September 2, 2021 Regular Board Meeting Agenda Packet- Page 74 of 199 Page 2 of 43 BACKGROUND At its November 5, 2020 meeting, the Board awarded a Power Purchase Agreement (PPA)to REC Solar for a solar photovoltaic system on Central San's property. After its substantial design, a draft Mitigated Negative Declaration (MND) has been prepared under CEQA for construction and operation of a 1.75 megawatt solar panel array. The project would be located on approximately 8.2 acres of a 48-acre parcel at 4451 Blum Road in unincorporated Martinez(assessor's parcel number 159-140-042-7), which is owned by Central San, and referred to as the "Lagiss parcel" (see Attachment 1). The proposed solar panel array would be accessed from the northern end of Blum Road via extension of an existing private driveway and encircled by a service road and perimeter fence. The existing surface area to be covered by the proposed, ground-mounted, solar panel modules is approximately 2.5 acres. Combined, solar panel modules together with the service road and driveway, the area covered is approximately 4 acres of the 8.2 acres. The remainder(4.2 acres) is generally retention basins or aisle space between rows of solar panels, with only a minor area being used for inverters; panelboards; main photovoltaic switchboard; step-down, pad-mounted transformer; and intertie switchgear. As Lead Agency under CEQA, Central San has conducted an I nitial Study of the proposed project to determine if it would have a significant effect on the environment. Staff has concluded that the Initial Study adequately, accurately, and objectively evaluates the environmental impacts of the proposed project, and that a MND is the appropriate document to address the environmental effects of the project. The I nitial Study is included as part of the proposed MND that was made available to the Board. The proposed MND (State Clearinghouse #2021070215)finds that there is no substantial evidence before Central San that the proposed project would have significant effects on the environment. Mitigation measures have been incorporated into the project to reduce potentially significant impacts to less-than- significant levels. These measures are discussed in the proposed MND and included in its proposed Mitigation Monitoring and Reporting Program. The deadline for receiving comments was August 13, 2021, and two comments were received, one from the Contra Costa County Airport Land Use Commission (AL UC) and one from the California Department of Fish and Wildlife (CDFW). These comments and Central San's responses are presented in Attachment 3. The CDFW letter and subsequent follow-up meetings between Central San and CDFW staff resulted in several new mitigation measures being added to the Mitigation Monitoring and Reporting Program, after Real Estate, Environmental and Planning (REEP) Committee review on August 16, 2021, to address the loss of burrowing owl habitat. The changes since the REEP Committee meeting are indicated in red font(see Attachment 2) and these measures include a commitment to dedicate a nearby conservation easement and perform additional, ongoing burrowing owl monitoring. Before the proposed project may be approved, the Board must consider any comments received during the MND's public review process and the public hearing, and then consider approval of the appropriate CEQA documentation (a MND is recommended in this case). Then, the Board may consider approval of the proposed project. While not required by law or Central San procedures, it has been Central San's customary practice to hold public hearings in advance of the adoption of MNDs. Holding a hearing on the proposed MND would be consistent with this practice. Following approval of both the MND and the project, a Notice of Determination will be filed with the County Clerk. REC Solar will then begin applying for project permits and other approvals from regulatory agencies and, subsequently, construct the project. Since the time the Board approved execution of the PPA with REC Solar, the project has been moving September 2, 2021 Regular Board Meeting Agenda Packet- Page 75 of 199 Page 3 of 43 forward through the design and pre-permitting processes. Increases in the project cost, due to the site access requirements by the Contra Costa County Fire Protection District and slightly higher-than- anticipated costs of the PG&E grid interconnection, have added costs to the project, resulting in a change order request by REC Solar for an increase in the price of its solar power. After a thorough review by Central San's staff and consultant,ARC Alternatives (ARC), staff is recommending the Board's approval of the project and Amendment No. 1 to the PPA, which will increase the cost of solar power from $0.0866 to $0.10 per kilowatt hour(kWh). This rate adjustment and changes to the design and schedule result in a need to update a number of sections in our PPA, which will be addressed in Amendment No. 1. Sections/content in the PPA to be updated in Amendment No. 1 include: early termination fees, purchase option values, milestones, schedule, layout, annual production values, etc. Staff is also recommending that Central San continue to retain solar consultant,ARC, and increase the ceiling of their existing as-needed consulting agreement by$50,000 to support Central San through the construction and commissioning of the Solar Array Project. ARC's experience in implementing solar projects for public agencies in California has been invaluable in guiding Central San in the development and implementation of this project. Staff hired ARC in April 2019, after an informal selection process, and initially executed an as-needed consulting services contract for$29,600. After exemplary performance, staff has continued to add scope and budget, under staff authority, to ARC's contract. Tasks have included: supporting the implementation of Central San's Solar Project from scoping to procurement to contract negotiations and design review, performing an energy efficiency audit at Central San's main campus, performing an evaluation of the performance of Central San's existing solar arrays, and developing procurement documents for a lighting efficiency replacement project at the treatment plant. As ARC's contract amount is reaching the limit of the General Manager's authority, staff is seeking the Board's authorization for the General Manager to raise the cost ceiling of ARC's existing as-needed consulting agreement from $179,600 to $229,600. ALTERNATIVES/CONSIDERATIONS 1. Deny or defer adoption of the MND or Mitigation Monitoring and Reporting Program. This action would prevent or delay moving forward with the potential approval of the project. If approval of the MND or Mitigation Monitoring and Reporting Program is denied, direction should be given to staff as to which issues require further documentation. 2. Deny or defer approval of the proposed project. This action would prevent or delay moving forward with project construction. If approval of the proposed project is denied or deferred, direction should be given to staff as to how to proceed. I n terms of the other staff-recommended Board actions, the Board could decide not to authorize the General Manager to execute the PPA amendment, but that is not recommended, as it would halt implementation of the Solar Array Project. The Board could also decide not to authorize the General Manager to increase the cost ceiling on ARC's as-needed professional consulting services agreement. That is also not recommended, as ARC's significant knowledge and experience in implementing solar projects in California have been invaluable in ensuring a high-quality solar project for Central San at substantial savings over the term of the PPA. FINANCIAL IMPACTS The increase in the cost of solar energy from $0.0866 to $0.10 per kWh will result in a net additional cost of $425,000 to Central San over the 25-year PPA term. Even with that additional cost and the CEQA mitigation cost(annual monitoring), the project is currently estimated to save Central San nearly$6 million over the 25-year term of the PPA with REC Solar and be cash-positive in year one. With these savings, the project exceeds the standard in the Board's Energy Policy, which requires renewable energy projects to be cash-positive within five years. September 2, 2021 Regular Board Meeting Agenda Packet- Page 76 of 199 Page 4 of 43 COMMUNITY OUTREACH In compliance with the Central San's CEQA Guidelines, legal notices were published in the Contra Costa Times and San Ramon Valley Times newspapers of general circulation in the area affected by the proposed project. The legal notices announced Central San's intent to adopt a Mitigated Negative Declaration and the availability of the document at www.centralsan.org/solar for a 30-day public review period. Additionally, copies of the notice were mailed to affected public agencies and property owners in the Blum Road area. COMMITTEE RECOMMENDATION The REEP Committee reviewed this matter at its meeting on August 16, 2021, and supported staff's recommended Board actions. RECOMMENDED BOARD ACTION Staff recommends the Board: 1. Conduct a public hearing on the Mitigated Negative Declaration. Barring any irresolvable public comments to the contrary, approve the proposed resolution (Attachment 4) adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and approving the proposed Solar Panel Array Project on Central San's Lagiss property; 2. Authorize the General Manager to execute Amendment No. 1 to Central San's Power Purchase Agreement with REC Solar that includes a solar energy purchase price increase from $0.0866 to $0.10 per kilowatt-hour; and 3. Authorize the General Manager to amend an existing as-needed professional consulting services agreement with ARC Alternatives, increasing the cost ceiling from $179,600 to $229,600. Strategic Plan re-In GOAL ONE: Customer and Community Strategy 2—Maintain a positive reputation GOAL TWO: Environmental Stewardship Strategy 4- Reduce reliance on non-renewable energy GOAL THREE: Fiscal Responsibility Strategy 1—Maintain financial stability and sustainability ATTACHMENTS: 1. Proposed Solar Project Location Map 2. Mitigation Monitoring and Reporting Program 3. Comments and Responses 4. Proposed Resolution 5. Presentation September 2, 2021 Regular Board Meeting Agenda Packet- Page 77 of 199 CENTRAL 5AN •_ s� or Ono s•�x _ 680 0 a J r R ( ! Cse °ntral San •� + � \� � �'; Basin C Nk Ilk n fr } Lagiss Buffer Prapecty d,, AA 1 i< 1l' q Y?� ^ • 44, J Proposed Fence y Contours Proposed Solar Array '- _ >• ! Retention by uke Energy- Location .. ProposedD Page 6 of 43 ATTACHMENT 2 CENTRAL SAN SOLAR PANEL ARRAY PROJECT 4451 BLUM ROAD IN UNINCORPORATED MARTINEZ MITIGATION MONITORING AND REPORTING PLAN Introduction This document presents the Mitigation Monitoring and Reporting Plan (MMRP) for the Central San Solar Panel Array Project at the north end of Blum Road. This MMRP is required by Public Resources Code Section 21081.6 and Section 15097 of the CEQA Guidelines. Mitigation Monitoring and Reporting Plan This MMRP includes the mitigation measures identified in the Mitigated Negative Declaration (MND) required to avoid or reduce potential impacts related to construction or operation of the proposed project. The MMRP is organized in a table format, keyed to each potential impact and each MND mitigation measure. Mitigation measures are presented in the table and are coded by number to the appropriate MND section. Column headings in the table are defined as follows: • Measure Number: This column lists the label used for the corresponding mitigation measure as listed in the MND. • Mitigation Measure: This column contains the mitigation measures to be implemented. • Implementation Procedure: This column contains a description of the action(s) that need to be taken to comply with the purpose and intent of each mitigation measure. • Monitoring and Reporting Actions: This column contains an outline of the appropriate steps to verify compliance with the mitigation measure. • Monitoring Responsibility: This column contains an assignment of responsibility for the monitoring and reporting tasks. In most cases, the solar vendor REC Solar Commercial Corporation, aka Duke Energy Renewables (REC/Duke) has these responsibilities. • Monitoring Schedule: The general schedule for conducting each monitoring and reporting task, identifying, where appropriate, both the timing and the frequency of the action. Table text shown in has been changed since the Board's August 16, 2021 Real Estate, Environmental and Planning Committee meeting. 2-1 September 2, 2021 Regular Board Meeting Agenda Packet- Page 79 of 199 TABLE 1 CENTRAL SAN SOLAR PANEL ARRAY PROJECT 4451 BLUM ROAD IN UNINCORPORATED MARTINEZ MITIGATION MONITORING AND REPORTING PROGRAM Measure Mitigation Measure Implementation Procedure Monitoring and Reporting Actions Monitoring Monitoring Schedule Number Responsibility Biology III-0 Depletion of Burrowing Owl (BUOW)habitat Central San will place land into a BUOW nesting season surveys will be Central San Seasonally each year during caused by the proposed project is conservation easement for the performed annually to check for actual February 1 through August 31. incrementally modest. However,in the benefit of BUOW. presence of BUOW. Findings and context of other past,current,and future photographs will be communicated foreseeable development,the effect on annually to CDFW. Special-status BUOW is cumulatively considerable. species or natural communities detected Therefore,Central San commits to creating a during project surveys will be reported to conservation easement on the Lagiss the California Natural Diversity Database property of about 24.6 acres. (CNDDB). 111-1 BUOW avoidance surveys(also termed"pre- Multiple surveys may be 1) Review construction schedule and Central San and 1) Retain qualified biologist and construction surveys")shall be conducted no necessary, based upon the determine appropriate coverage so that REC/Duke assess coverage needs prior to more than two(2)weeks prior to any ground schedule and work progress. BUOW avoidance surveys(also termed the start of construction. disturbance. BUOW avoidance surveys are "pre-construction surveys")are recommended for ground mount conducted no less than two(2)weeks 2) Conduct each survey two weeks In addition, perform three(3)supplementalprior to ground disturbance. installation, perimeter service prior to any ground disturbance. BUOW surveys by a qualified biologist during road and access driveway the February 1 through August 31 nesting construction, utility trench 2) Review findings report to be submitted 3) Throughout construction,after season immediately preceding project excavation, and equipment pads. by the qualified biologist within 24 hours each survey,file a compliance construction. The target of the surveys will be after his/her survey. report. expanded to include adjacent land within If installation of ground mounts approximately 500 feet of the project site or to for arrays are staggered over an 3) Findings and photographs will be the limit of Central San's fee-owned land. elapsed time of one month or conveyed to CDFW staff. Special- longer, it is recommended that status species or natural communities Surveys shall be conducted by a qualified separate surveys be performed detected during project surveys will be biologist following BUOW Survey Protocol for each array. reported to the CNDDB. methods. 4) Based upon the pre-construction survey findings,if BUOW are found on or next to the project site,one of the following additional mitigation measures(III-2A or III-2B)shall be implemented: Biology—(continued) 2 2 September 2, 2021 Regular Board Meeting Agenda Packet- Page 80 of 195 TABLE 1 (continued) CENTRAL SAN SOLAR PANEL ARRAY PROJECT 4451 BLUM ROAD IN UNINCORPORATED MARTINEZ MITIGATION MONITORING AND REPORTING PROGRAM Measure Mitigation Measure Implementation Procedure Monitoring and Reporting Actions Monitoring Monitoring Schedule Number Responsibility 111-2A If BUOW are found to occupy an area of If fenced,the restricted area after 1) Qualified biologist to document the REC/Duke 1) Throughout construction, after construction or an area proximate to the it is fenced shall not be entered BUOW fence and coordination with each monitoring event by the construction during September 1 to January or disturbed. Work can proceed CDFW. qualified biologist,file a simple 31 (non-breeding season): but only outside the fenced area. internal compliance report in the 2) Qualified biologist periodically during project file. In this event,occupied burrows and additional If passive relocation is nesting system shall check the integrity buffer zone shall be fenced per the CDFW recommended by the qualified of the BUOW fence. Staff Report on BUOW Mitigation. biologist,the qualified biologist will implement passive relocation 3) Contractor shall note BUOW resource Only as a last resort, if avoidance is not in accordance with the plan zone avoidance in the worker possible mal, passive relocation may be approved by CDFW. Work can awareness/safety training log. implemented in accordance with a BUOW proceed outside the restricted 4 A BUOW Exclusion Planl submitted to and approved area and can resume inside the ) Applies to Relocation Only. b CDFWrelocation has attendant requirements y . restricted area only after for owl banding, long-term monitoring certification of BUOW relocation. relative to success criteria,and reporting. III-2B If BUOW are found during February 1 to Occupied burrows and additional The qualified biologist shall initially inspect REC/Duke 1) Throughout construction,after August 31 (breeding season): buffer zone will be fenced, the exclusion fence and posting and, each monitoring event by the posted, and avoided,without thereafter, shall periodically inspect qualified biologist,file a simple This event is not anticipated in view of the disturbance during the entire compliance. Based upon personal compliance report. proposed project construction schedule, nesting season. reconnaissance of the site,the qualified which is September 1 through January 31biologist shall certify when it is feasible to However, necessary actions under this resume work at the end of the nesting contingency are described below, in case an season. adjustment to the proposed construction schedule becomes necessary. If BUOW are found,ground-disturbing activities will follow the BUOW Consortium's BUOW avoidance guidance. Occupied burrows and additional buffer zone will be avoided,without disturbance during the entire nesting season. Biology—(continued) 1 See CDFW Staff Report on Burrowing Owl Mitigation,Appendix E, March 7, 2012. https://nrm.dfg.ca.Q'ovIFileHandler.ashx?DocumentlD=83843&inline September 2, 2021 Regular Board Meeting Agenda Packet- Page 81 of U TABLE 1 (continued) CENTRAL SAN SOLAR PANEL ARRAY PROJECT 4451 BLUM ROAD IN UNINCORPORATED MARTINEZ MITIGATION MONITORING AND REPORTING PROGRAM Measure Mitigation Measure Implementation Procedure Monitoring and Reporting Actions Monitoring Monitoring Schedule Number Responsibility III-3 Actual collision-or electrocution-induced If bird or bat mortality is Monitor bird and bat mortality for the initial Central San and Discretionary, as needed, mortality on birds or bats caused by the observed, a Bird and Bat start-up period of two years. If the null REC/Duke particularly during migratory periods proposed project is speculative. Conservation Strategy(BBCS) result is observed, monitoring will be will be developed and reduced or phased out. implemented. Cultural Resources IV-4 To avoid potential inadvertent disturbance of Include requirements for worker 1) Note resource zone avoidance in the REC/Duke 1) Prior to the approval of f�3 off-site historical resources during notification/orientation during worker awareness/safety training log. construction contract. construction,off-site vehicle and pedestrian safety meetings,signage,and travel will be prohibited except on the access installation of fencing in 2) Check daily signs posted along the 2) Before construction,for ordering road. This can be accomplished with a construction contract fence. Replace as needed. appropriate signage to be posted combination of worker notification/orientation specifications. along the fence. during safety meetings, signage,and n installation of either temporary fencing or the Construction staging is prohibited 3)Daily or weekly during worker permanent security fence early in the in the protected resource zone. awareness/safety meetings. schedule. IV-5 In the event of discovery of suspected The System Operator and 1) System Operator and contractor would REC/Duke As needed. fV 4 archaeological resources or buried human contractor would consult with the contact the County coroner and contact remains,construction will be halted. County coroner, identified Holman&Associates(archaeologist). descendants,—if any are identified by the Native American 2) Qualified archaeologist would be Heritage Commission(NAHC),— responsible for assessing and and/or a qualified archaeologist, documenting the discovery. depending on the nature of the 3) Consult with representatives identified discovery. in previous consultation with parties identified by the NAHC. Air Quality 9 September 2, 2021 Regular Board Meeting Agenda Packet- Page 82 of 1-9 TABLE 1 (continued) CENTRAL SAN SOLAR PANEL ARRAY PROJECT 4451 BLUM ROAD IN UNINCORPORATED MARTINEZ MITIGATION MONITORING AND REPORTING PROGRAM Measure Mitigation Measure Implementation Procedure Monitoring and Reporting Actions Monitoring Monitoring Schedule Number Responsibility VIII-6 The construction project would implement Include requirements for dust 1) Review construction contract;verify REC/Duke 1) Prior to the approval of basic mitigation measures recommended by suppression and anti-trackout of consistency with BAAQMD Basic Dust subcontract for construction of /ill-5 the Bay Area Air Quality Management District silt onto Blum Road,in Control Measures. roads. (BAAQMD)and listed in Table 8(see MND construction contract 2) Construct anti-trackout measures for Section VIII, page 57). With implementation of specifications. removing soil from truck tire treads. 2) Initially before earth disturbance. the basic mitigation measures and compliance 3) Periodically check posted limits with applicable Regulation 6,Rule 6,of the 3) Post idling time and travel speed BAAQMD,the proposed project would not restrictions. during road grading,sub excavation,and construction. conflict with the Climate Action Plan(CAP). Utilities and Service Systems XII-7 Drainage outlets and retention basins around Incorporate permanent 1) Review construction contract;verify REC/Duke 1) Prior to the approval of SCI-4-6 the perimeter service road have been stormwater controls as shown in consistency with SWCP. subcontract for construction of designed so as not to alter the overall existing the SWCP into the contract roads. drainage pattern or volume of runoff, documents and drawings. concentrate runoff at unengineered collection 2) Periodically during backfilling with points, or accelerate erosion. These features select fill materials and geotextile will be constructed as shown in the fabric. Stormwater Control Plan (SWCP). XII-8 Assure that End-of-Life(EOL)recycling of Incorporate recycling 1) Review System Operator's contract; REC/Duke 1) Before demolition in 25-40 years. components and materials(e.g.,glass, requirements into the System verify contract consistency with XI-I-7 aluminum)is performed in a responsible Operator's contract. recycling at end of project useful 2) Periodically review EOL sustainable way. lifetime. requirements every 5 years. Geology and Soils September 2, 2021 Regular Board Meeting Agenda Packet- Page 83 of 195 TABLE 1 (continued) CENTRAL SAN SOLAR PANEL ARRAY PROJECT 4451 BLUM ROAD IN UNINCORPORATED MARTINEZ MITIGATION MONITORING AND REPORTING PROGRAM Measure Mitigation Measure Implementation Procedure Monitoring and Reporting Actions Monitoring Monitoring Schedule Number Responsibility XIV-9 A Geotechnical Engineering Investigation Construction contract to include 1) Review construction contract;verify REC/Duke 1) Prior to approval of the project's YID/_g Report has been performed to ascertain soil the specifications and details for compliance. final design plans and and bedrock conditions across the site,so that ground mounts, racking, and construction contract. appropriate load-bearing values and depths are concrete equipment pads. 2) Inspect construction activities to verify used in the design(NV5,2021). California that design standards are implemented. 2) Weekly or as appropriate during Building Code Sections 1806 and 1807.4 construction. address load-bearing values and embedded post or poles. Construction of the proposed project shall incorporate recommendations of the Geotechnical Engineering Investigation Report for ground mounts,access driveway, perimeter service road,trenches,and flatwork. Hydrology and Water Quality XV-10 Implement on-site features recommended in Construction contract to include 1) Review construction contract. REC/Duke 1) Prior to the approval of grading the SWCP and Geotechnical Engineering the retention pond limits, raised subcontract. XV-9 Investigation Report such as raised curbs, curbs, retention basins, rip rap 2)Verify compliance of work as-built with retention basins,and rip rap spillways,and spillways, and geotextile fabric. specifications in the contract. 2) Weekly during construction of the geotextile fabric to accommodate stormwater road and driveway extension. runoff,minimize erosion,and retain 3) Upon completion of the road. incremental runoff volumes added by proposed impermeable surfaces. XV-11 Prepare a Stormwater Pollution Prevention Construction contract to include 3) Review construction contract. REC/Duke 1) Prior to the approval of Plan (SWPPP)with practices to be the retention pond limits, construction subcontract for XN/ 1 Q implemented by the System Operator and spillways, utility trench for 4)Verify compliance of work as-built with seeding. Contractor, such as seeding, mulching, interconnection. specifications in the contract. installation of silt fence and straw wattle. 2) During each key seeding event. Revegetation subcontractor to be selected in consultation with preparer of the SWCP and SWPPP. XV-12 Implement the measures recommended in Construction contract to include 1) Review construction contract. REC/Duke 1) Prior to the approval of grading the SWCP during construction of the the retention pond limits, raised subcontract. XV-1-t perimeter service road and driveway so as asphalt curbs, and spillways. 2)Verify compliance of work as-built with not to alter the overall drainage pattern of specifications in the contract, permit 2) Weekly during construction of the the site. Along the asphalt paved segments approval and conditions issued by road and driveway extension. of the perimeter service road, install the Contra Costa County Fire Prevention raised asphalt curb, where shown,to direct Bureau's Engineering Unit. 3) Upon completion of the road. stormwater runoff to appropriate outlets to proposed retention basins. Hydrology and Water Quality—(continued) September 2, 2021 Regular Board Meeting Agenda Packet- Page 84 of 19� TABLE 1 (continued) CENTRAL SAN SOLAR PANEL ARRAY PROJECT 4451 BLUM ROAD IN UNINCORPORATED MARTINEZ MITIGATION MONITORING AND REPORTING PROGRAM Measure Mitigation Measure Implementation Procedure Monitoring and Reporting Actions Monitoring Monitoring Schedule Number Responsibility XV-13 Prepare the perimeter service road and Include requirements for fences 1) Review construction specifications; REC/Duke 1) Prior to the approval of fence XV-12 security fence first during construction to in construction contract. verify incorporation of fence construction subcontract. minimize off-road travel, rainy season soil requirements;add to administrative disturbance, and related erosion. record. 2) Upon completion of the perimeter security fence. 2) Inspect construction site security fence to verify compliance with fence requirements. XV-14 Revegetate with ground cover as soon as Requirements for revegetation will 1) Review construction contract;add to REC/Duke 1) Prior to the approval of 3 possible after finishing racking and installation of be included in construction contract administrative record. revegetation subcontract. XV panels. and construction documents. 2) Periodically inspect construction site; 2) Periodically after grading for the verify compliance with the revegetation driveway, perimeter service road, plan. and retention basins. Subsequently,monthly,after 3) Add telephone memos,and/or erection of ground mounts and correspondence to administrative racking. record. September 2, 2021 Regular Board Meeting Agenda Packet- Page 85 of 199 Page 13 of 43 ATTACHMENT 3 COMMENTS AND RESPONSES TO COMMENTS Two comments on the proposed Mitigated Negative Declaration have been received. A. Contra Costa County Airport Land Use Commission (ALUC), Jamar Stamps, AICP, ALUC staff, August 19, 2021. B. California Department of Fish and Wildlife (CDFW), Stacy Sherman, Acting Regional Manager, Bay Delta Region, August 12, 2021. Copies of the comments follow, along with Central San's responses. A — ALUC, JAMAR STAMPS, AICP ALUC STAFF, AUGUST 19, 2021 Al. Meeting Notes. The Central San Solar Array Project was discussed by the ALUC at its August 19, 2021 regular meeting. After hearing from staff and a project representative, the ALUC concluded that the proposed project does not contain characteristics that result in inconsistencies with Airport Land Use Compatibility Plan (ALUCP) compatibility criteria. A Solar Glare Hazard Report prepared in accordance with Federal Aviation Administration (FAA) guidance resulted in no significant ocular hazards. Additionally, the FAA Obstruction Evaluation/Airport Airspace Evaluation determined the proposed project results in no hazard to air navigation. The ALUC approved staff's recommendation that the Commission find the proposed project consistent with the ALUCP and approve the project with the following condition: • Glare or distracting lights, which could be mistaken for airport lights, could pose a flight hazard and shall be shielded downward to ensure they do not aim above the horizon. Response. The ALUC's favorable finding and approval are appreciated. The project lighting plans are already consistent with the ALUC condition, in that all lights will be pointed down and will have photocells and motion detection. They are intended for emergency use and will not always be on. 3-1 September 2, 2021 Regular Board Meeting Agenda Packet- Page 86 of 199 Page 14 of 43 B — CDFW, STACY SHERMAN, ACTING REGIONAL MANAGER, BAY DELTA REGION, AUGUST 12, 2021 Introductory Comments B1. Jurisdiction. CDFW's role is as a Trustee Agency under California Environmental Quality Act (CEQA). As noted in its comment letter, CDFW also may be a Responsible Agency under CEQA for those projects requiring its discretionary approval such as California Endangered Species Act (CESA) Permit, a Lake and Streambed Alteration Agreement, or other provisions set forth in the California Fish and Game Code. Response. Central San acknowledges CDFW's role as a Trustee Agency under CEQA. Central San as Lead Agency and project proponent has not identified any potential for CESA impacts and does not seek a CESA Permit or a Lake and Streambed Alteration (LSA) Agreement for work in a surface water or for work that could divert or obstruct natural flow or deposit material where it may pass into a surface water. B2. Listed Species. Central San acknowledges that take of candidate, threatened or endangered species is prohibited under CESA. Response. The proposed project will disturb approximately 8.2 acres of non-native grassland habitat suitable for nesting and foraging by a California Species of Special Concern, namely the Western burrowing owl (BUOW). The proposed project will not impact any CESA-listed species. Certain protections are afforded to species listed under CESA. Although petitions have been filed as early as 2003 seeking to list BUOW as threatened or endangered, BUOW remains a Species of Special Concern which is not listed under CESA. B3. Notification. CDFW requires notification before engaging in project activities that affect lakes or streams or their associated riparian habitat. Work within ephemeral streams, washes, watercourses with a subsurface flow, and floodplains also are subject to this notification requirement. Any activity that may divert or obstruct natural flow or deposit material where it may pass into a river, lake, or stream also are subject to this notification requirement. Response. Central San acknowledges the notification and LSA requirements related to streambed or floodplain alteration. One of the project siting criteria was elevation outside the 100-year flood plain. Central San has assessed its proposed project and has determined that such activities or actions that require notification and are subject to a LSA Agreement would not be performed. B4. Migratory Non-Game Birds or Raptors. CDFW has jurisdiction over actions that may result in the disturbance or destruction of active nest sites or the unauthorized take of migratory non-game birds or raptors. Response. Central San acknowledges CDFW's jurisdiction. No further comment is warranted. 3-2 September 2, 2021 Regular Board Meeting Agenda Packet- Page 87 of 199 Page 15 of 43 1135. Project Description. CDFW recites certain aspects of the project description contained in the Mitigated Negative Declaration (MND). Among other project elements, CDFW recognizes that the project footprint is approximately 8.2 acres within a larger 48-acre parcel owned by Central San. The area to be covered by a perimeter service road, driveway extension, and ground-mounted solar modules is approximately one-half of the 8.2 acres. Response. The project description as summarized in CDFW's comment letter generally is accurate with the exception of the project construction timeframe. Owing to delays by PG&E, construction of the proposed project likely will be delayed to September 2022 — January 2023. This September— January window was selected by Central San to avoid work during the nesting period of the BUOW (Athene cunicularia). The construction window for the proposed project has been restricted to the BUOW non-breeding season September— January. The construction schedule is stated in the MND, Section 1: Project Description, on page 5. Central San wishes to clarify further that the proposed project would have fixed ground mounts with modules oriented permanently toward the southwest and tilted approximately 21 degrees from horizontal. Because the modules would be fixed, without tracking, at no time would they form a flat lake appearance. The proposed project also would not include any form of concentrated solar power such as parabolic mirrors and would not include overhead collecting lines or guy wires for tall structures. Intertie to the existing grid would be underground. The low perimeter fence would include conventional chain link topped with three strands of barbed wire. After construction, operations activities conducted within the 8.2-acre footprint would be infrequent, mainly related to inspection and maintenance. The panel washing service interval would be approximately every six months (twice yearly). Remote monitoring telemetry would enable collecting information about system status without need to staff the facility or performed more frequent inspection. 1136. Setting. The environmental setting as summarized in CDFW's comment letter generally is descriptive of existing conditions on the project site and within the larger 48- acre Lagiss parcel. CDFW notes that on and adjacent to the project site are active colonies of fossorial mammals including, but not limited to, California ground squirrel (Otospermophilus beecheyi), which is a surrogate species for the BUOW . CDFW continues as follows: Within a two-mile radius hof the project site]are designated open space areas including portions of the Martinez Park Reserve and the Waterbird Regional Preserve. These neighboring, adjacent, and two-mile radii private and public open space areas hold potential habitat and positive occurrence records of special-status species, including but not limited to, the State Species of Special Concern the burrowing owl (Simi, 2008). 3-3 September 2, 2021 Regular Board Meeting Agenda Packet- Page 88 of 199 Page 16 of 43 Response. Central San notes that BUOW sightings in the general vicinity of the project site and recorded in the California Natural Diversity Database (CNDDB) were made in 1991, 2008, and 2016. As shown in Figure 4 in the MND, BUOW sightings included sightings approximately 0.8 miles north of the project site near Walnut Creek in 1991, 1.6 miles south of the project site at Buchanan Field Airport in 2008, and 4.4 miles northeast of the project site near Port Chicago Highway in 2016. None of these BUOW sightings as recorded in the CNDDB included nesting BUOW. Central San also wishes to clarify that the existing 48-acre Lagiss parcel, which is leased for cattle grazing, is comprised of non-native grassland, a 75 feet by 600 feet strip of oak and buckeye trees adjacent to the northeast of the project site, and seasonally ponded wetland area to the north of the project site. The trees are not particularly dense but provide potential habitat for nesting or perching birds and roosting bats. The 8.2-acre project site itself consists of non-native grassland within the Lagiss parcel and excludes any of the above-described areas of ponded water, trees, brush or scrub, which are summarized by CDFW. The Lagiss parcel is designated in the Contra Costa County General Plan as Public/Semi Public (PS) land. It is zoned by the County for Heavy Industry (H-1). The Lagiss parcel and other lands owned by Central San were acquired over a period of many years for the multiple purposes of i) securing expansion land for new or expanded wastewater treatment facilities, ii) creating basin storage capacity for peak wet weather flows, and iii) protecting neighbors with buffer land around the treatment plant. Mission goals of Central San, in addition to treating wastewater in a safe, effective, and reliable manner, are to protect public health and the environment. Technical Comments 1137. BUOW Habitat. CDFW comments that avoidance measures described in the MND do not mitigate permanent loss of BUOW habitat that would result from the proposed project. Depletion of BUOW nesting and foraging habitat is considered a significant effect. Response. Central San acknowledges CDFW's comment. The Final MND adds compensatory mitigation for permanent loss of BUOW habitat. This can be accomplished by placing specified land within the Lagiss parcel into a conservation easement, or, optionally, by participation in compensatory mitigation through credit purchase in either of the Noonan Ranch or Muzzy Ranch mitigation banks in Solano County. Credit purchase is estimated at $20,000 to $25,000 per acre. This is equivalent to $164,000 to $205,000 for 8.2 acres (1:1 mitigation ratio) or $492,000 to $615,000 for 24.6 acres ((3:1 mitigation ratio). If the monitoring and administrative aspects can be streamlined, as indicated in the preliminarily teleconference with CDFW staff on August 16, 2021, Central San may prefer to place specified land within the Lagiss parcel into a conservation easement. This preference assumes that the net present value of recurring monitoring and administrative costs do not exceed approximately $164,000 (8.2 acres) or $492,000 (24.6 acres). 3-4 September 2, 2021 Regular Board Meeting Agenda Packet- Page 89 of 199 Page 17 of 43 As discussed with CDFW staff on August 16, 2021, the Lagiss parcel, owing to its location remote from the wastewater treatment plant (WWTP), likely will remain in use for cattle grazing for the foreseeable future. Much of the Lagiss parcel already is encumbered by a PG&E electrical transmission easement, natural gas transmission pipeline easement, and Santa Fe Pacific Partners, L.P. (SFPP) petroleum product pipeline easement. Existing easements criss-cross the Lagiss parcel and effectively limit its use to non-developed uses such as cattle grazing. Assuming the streamlined monitoring and administration scenario, Central San would coordinate with CDFW to establish a conservation easement within the Lagiss parcel that will benefit BUOW. Central San would like to emphasize that its existing land holdings have provided habitat for various species for over 30 years, even without the conservation easement that is being contemplated. Other land not placed into a conservation easement will continue to be available indefinitely or until needed for WWTP expansion or other improvements necessary to fulfill Central San's mission goals. B8. Project Effects on BUOW. CDFW comments that the proposed project construction and operations could potentially result in nest abandonment, reduced survival rates of BUOW owlets, and disturbance during breeding and foraging. CDFW views these to be potential effects of the proposed project notwithstanding the results of future reconnaissance surveys or past observations of the Lagiss parcel during previous surveys. Response. Central San acknowledges CDFW's comment. Past observations were conducted by qualified biologists during the BUOW wintering season on January 31, 2020, and during the BUOW nesting season on May 15, 2020. The biologist observed ground squirrel burrows without BUOW individuals or other signs of BUOW habitation. However, even if the project site is not currently used by BUOW, Central San acknowledges that the habitat is suitable for BUOW breeding, wintering, and foraging. B9. BUOW Burrow Exclusion. CDFW comments that all possible avoidance and minimization measures should be exhausted before resorting to exclusion and closure of BUOW burrows. Only if avoidance is not possible should active relocation of BUOW be performed. Active relocation would be insufficient as a mitigation measure unless performed in conjunction with compensatory mitigation and a BUOW Relocation Plan. Response. Central San acknowledges CDFW's comment that avoidance of disturbance is the preferred BUOW mitigation strategy and further that exclusion and closure of BUOW burrows is a last resort. B10. BUOW Relocation. CDFW further comments that relocation, if performed, requires a BUOW Relocation Plan, with attendant owl banding, long-term monitoring relative to success criteria, and reporting. The objective of this follow-up is to monitor and report on the success of the relocation. Response. Central San acknowledges CDFW's comment and would comply with the requirements if avoidance of BUOW is not possible. 3-5 September 2, 2021 Regular Board Meeting Agenda Packet- Page 90 of 199 Page 18 of 43 1311. Avoidance and Minimization Measures. CDFW recommends that the MND incorporate specific and enforceable avoidance and minimization measures to avoid and minimize take of BUOW, eggs, owlets, and nesting and foraging habitat. Specific mitigation or monitoring measures recommended in CDFW's comment letter include the following: 1) Restricted work window; and, 2) Compensatory mitigation in the form of either participating in a mitigation bank or establishing a conservation easement over adjacent lands within the Lagiss parcel to compensate for BUOW habitat depletion; and, 3) Before construction, a minimum of four (4) survey visits of the project site, and additional land within 500 feet of the project site, to be conducted by qualified biologists during the owls' breeding season which February 1 through August 31; and, 4) During and after construction, continued biological monitoring throughout the construction and operations of the proposed project. Response. In regard to Item B11.1, the construction window for the proposed project has been restricted to the BUOW non-breeding season September— January. Central San acknowledges CDFW's recommendation to supplement the restricted project construction window as proposed with additional mitigation and monitoring measures (Items B11.2 through B11.4). In regard to Items B11.2 through 1311.4, the Final MND adds compensatory mitigation and monitoring (see Attachment 2). B12. BUOW Surveys. In specific regard to BUOW surveys, CDFW comments that these should be performed during the BUOW breeding season which is February 1 through August 31. CDFW further comments that at least four (4) separate survey visits should be performed. The target of the surveys should be expanded to include not only the project site but also adjacent land within 500 feet of the project site. Response. Central San observes that the next opportunity for such surveys is the 2022 breeding season. The proposed pre-construction survey will be supplemented with three (3) additional surveys during the breeding season immediately preceding construction. Findings and photographs will be conveyed to CDFW staff. B13. Compensatory Mitigation. CDFW commented that compensatory mitigation could be effective for mitigation of BUOW habitat depletion and could reduce the level of the proposed project's effect to a less-than-significant effect. Response. In specific regard to compensatory mitigation, Central San acknowledges CDFW's comments in regard to both the significance of BUOW habitat depletion and the available means of mitigation by compensatory conservation of identified habitat. Mitigation ratios identified by CDFW range from 1:1 to 3:1 (conservation to loss). 3-6 September 2, 2021 Regular Board Meeting Agenda Packet- Page 91 of 199 Page 19 of 43 B14. Administrative Conditions. CDFW commented further on certain administrative conditions necessary for implementation of compensatory mitigation. Conditions listed in CDFW's comment letter include the following: 1. Conservation lands or mitigation areas for BUOW should be approved by CDFW prior to the start of project-related activities. 2. Conservation lands should be placed under a Conservation Easement with CDFW listed as a third-party beneficiary and an endowment should be funded for managing the lands for the benefit of the BUOW species in perpetuity. 3. Additionally, a long-term Land Management Plan should be prepared and implemented by a land manager approved by CDFW. 4. The grantee of a Conservation Easement should be an entity that has been vetted by CDFW to hold conservation lands. Response. As discussed with CDFW staff in preliminary teleconference on August 16, 2021, land to be specified within the Lagiss parcel could be acceptable for in- kind, compensatory mitigation. Administrative conditions B14.2 through B14.4 could be streamlined to enable Central San to administer this in house. B15. Grassland Birds. CDFW in its comment letter provides background information concerning grassland birds, which are birds that depend on grasslands for breeding or foraging. CDFW's comment letter states: Breeding Bird Surveys (BBS) conducted by the U.S. Geological Survey Biological Resources Division and volunteers throughout the country show that grassland birds, as a group, have declined more than other groups, such as forest and wetland birds (Brennan and Kuvlesky 2005; NRCS 1999). The BBS shows that in California, grassland birds such as the western meadowlark (Sturnella neglecta), and State Species of Special Concern the burrowing owl, have shown population declines since 1966 (Sauer et al., 2019). CDFW recommends at a minimum an equal amount of land with primary purpose of habitat conservation should be enhanced and conserved elsewhere to offset the loss of habitat for grassland birds. Response. The Final MND adds this information regarding the severe state of depleting California grasslands suitable for BUOW and other grassland-dependent bird species. The proposed project itself would use a relatively small acreage for the proposed solar photovoltaic (PV) project; however, in combination with other urban land development in western Contra Costa County the effect is cumulatively considerable. Historical context suggests the overwhelming evidence that BUOW population and range have diminished or have been eliminated due to land development. Historically, within the San Francisco Bay Area (SFBA), BUOW had been numerous across much of Santa Clara, Alameda, and Contra Costa Counties in the 1900s. In San Mateo and Solano Counties, BUOW were only locally abundant with sustainable populations in specific portions of those counties, such as southwestern Solano County. 3-7 September 2, 2021 Regular Board Meeting Agenda Packet- Page 92 of 199 Page 20 of 43 BUOW are no longer abundant, or possibly have experienced extirpation of local populations, in western Contra Costa County, western Alameda County, and most of Santa Clara County, with the exception of a handful of nesting owls near NASA Ames Research Center and Mineta San Jose International Airport. Western Contra Costa County and western Alameda County along the East Bay shore have experienced a loss of occupied habitat due to build-out within the last 50 years. BUOW colonies along the East Bay shore have vanished from sites where they historically lived and bred, such as Oakland International Airport and Martin Luther King Shoreline Park. Within the SFBA, eastern Contra Costa County and eastern Alameda County may support the last healthy breeding populations in their original historical habitat. Continued threats to BUOW include habitat loss, current exclusion methods, California ground squirrel pest control practices (i.e., poisoning), and inadequate mitigation acreage (Townsend and Lenihan, 2007).' B16. General Avian and Bat Impacts. CDFW comments that the MND should evaluate the cumulative effects of loss of habitat as an indirect cause of avian mortality for grassland birds. Breeding Bird Surveys (BBS) conducted by the U.S. Geological Survey Biological Resources Division and volunteers throughout the country show that grassland birds, as a group, have declined more than other groups, such as forest and wetland birds. Response. Central San acknowledges CDFW's comments concerning cumulative effects. See also Response to Comment A8. B17. Compensatory Mitigation Ratio. CDFW comments on the amount of land adequate to offset the loss of habitat for grassland birds. The acreage of enhanced and conserved land should be at least equal to the acreage of depletion. Response. Central San acknowledges CDFW's recommendation. Further response is not warranted. B18. Bird Collisions with PV Equipment. CDFW comments that avian interactions with solar PV facilities are not well researched. The primary threats appear to be from collisions and electrocutions. Collisions with PV equipment can include direct collisions into guy wires or transmission lines. Response. Central San wishes to clarify that guy wires and overhead transmission or collection lines are not proposed. As stated in the MND, Section 1: Project Description, page 2, the top edge of the highest fixed-tilt panels would be approximately 6 feet above ground level, allowing for 1.3 feet of ground clearance. The perimeter fence would be 7 feet tall overall, with 6 feet of chain link and an additional 1 foot composed of three strands of barbed wire. Intertie to the PG&E grid would be via underground conduit and line. B19. Lake Effect. Other collisions are less understood such as the "lake effect" (i.e., perception of PV surfaces as waterbodies), first described in Horvath et al. (2009). 1 Townsend,Susan,and Colleen Lenihan,2007. Burrowing Owl Status in the Greater San Francisco Bay Area, in Proceedings of the California Burrowing Owl Symposium,2007, pp.60-69. 3-8 September 2, 2021 Regular Board Meeting Agenda Packet- Page 93 of 199 Page 21 of 43 Utility-scale PV facilities may attract migrating waterfowl and shorebirds through the "lake effect." Response. Central San wishes to clarify that the proposed project would not have tracking solar modules. Tracking refers to the use of servo motors and movable racks to allow the panels to rotate and tilt for optimal insolation during the day. The proposed project would use fixed ground mounts and racks and fixed-tilt panels tilted at approximately 21 degrees from horizontal. The proposed tilt of 21 degrees is not close to upward-facing, being sloped compared to a kitchen table orientation. The effect of fixed tilt is that adjacent rows of panels will never lie in the same plane and, therefore, will not look like a lake's surface. B20. Power Lines. CDFW comments that when lines, or other related infrastructure with the potential to cause take, cannot be placed underground, appropriate avian protection designs should be employed. All overhead lines should be fitted with bird flight diverters or visibility enhancement devices. As a minimum requirement, the collection system power lines should conform to the most current edition of the Avian Power Line Interaction Committee guidelines to prevent electrocutions. Response. Power lines such as collection system power lines and other overhead lines or guy wires are not proposed. See also Response to Comment B5. B21. Avian and Bat Mortality Surveys. CDFW recommends that the MND include a requirement for monitoring of avian and bat mortality. Weekly or twice weekly surveys are suggested to meet the following objective of documenting the rate of birds and bats killed at the project site and evaluate effectiveness of adaptive management measures implemented to reduce mortality. Response. Central San believes CDFW's comment is made in the context of an assumption that the proposed project would construct overhead power lines (see Comment B20). Since concentrating power structures or overhead lines are not proposed, the concern expressed by CDFW may not warrant monitoring or, at the least, may not warrant intensive weekly or twice weekly monitoring. B22. Bird and Bat Conservation Strategy. To mitigate potential avian and bat mortality induced by the proposed project, CDFW continues that the MND should include a requirement to develop an Avian and Bat Protection Plan or a Bird and Bat Conservation Strategy (BBCS) in coordination with the U.S. Fish and Wildlife Service (USFWS) and CDFW. One purpose of the BBCS is to assess potential risks to birds and bats based on the proposed activities. Response. Central San believes the context of CDFW's comment includes an assumption that the proposed project would construct overhead power lines, concentrating power structures, or other overhead lines or guy wires. Since none of these features is proposed, the risk of bird or bat interaction with such structures would not be present. Regular human presence at the proposed facility is not proposed. Remote monitoring telemetry would enable collecting information about system status without need to staff the facility or performed more frequent 3-9 September 2, 2021 Regular Board Meeting Agenda Packet- Page 94 of 199 Page 22 of 43 inspection. Operations would include infrequent panel washing, on a service interval of six months (twice yearly). B23. California Natural Diversity Database (CNDDB) Reporting. CDFW comments that data sharing is required and, specifically, that any special-status species or natural communities detected during project surveys must be reported to CNDDB. Response. Central San acknowledges the comments and will require its consulting biologists to report such findings to CNDDB as a condition of contractual agreements. 11324. Filing Fees. CDFW comments on fees that serve to help defray the cost of environmental review by CDFW. Said fees are payable upon filing of the Notice of Determination by the Lead Agency. Response. Central San acknowledges the comment. Central San routinely pays the CDFW fee when it files Notices of Determination. Proposed Mitigation and Monitoring Actions B25. Feasible Mitigation Measures and Monitoring. CDFW comments that the feasible mitigation measures described above should be incorporated as enforceable conditions into the final CEQA document for the proposed project. Response. To ensure significant impacts are adequately mitigated to less-than- significant effects, Central San has added the following provisions for impact mitigation and monitoring: 1. Mitigation of Cumulative Effect. Depletion of BUOW habitat caused by the proposed project is incrementally modest. However, in the context of other past, current, and future foreseeable development, the effect on BUOW is cumulatively considerable. Therefore, Central San commits to compensatory mitigation of about 24.6 acres of the Lagiss parcel. Conservation land will be placed into a conservation easement for the benefit of BUOW. 2. Monitoring of Conservation Land. To monitor the effectiveness of the above compensatory mitigation, Central San commits to perform BUOW nesting season surveys seasonally to check for actual presence of BUOW. Findings and photographs will be communicated annually to CDFW. Special- status species or natural communities detected during project surveys will be reported to the CNDDB. 3. Pre-construction surveys. The proposed project includes a restricted construction window (September to January). The MND includes one (1) pre- construction survey for BUOW to avoid inadvertent take of BUOW individuals. In addition, Central San commits to perform three (3) supplemental BUOW surveys by a qualified biologist during the February 1 through August 31 nesting season immediately preceding project construction. The target of the surveys will be expanded to include adjacent land within approximately 500 3-10 September 2, 2021 Regular Board Meeting Agenda Packet- Page 95 of 199 Page 23 of 43 feet of the project site or to the limit of Central San's fee-owned land. Findings and photographs will be conveyed to CDFW staff. 4. Contingency for BUOW Relocation. Relocation, if performed, would be subject to implementation under a BUOW Relocation Plan, with attendant owl banding, long-term monitoring relative to success criteria, and reporting. The objective of this follow-up is to monitor and report on the success of the relocation. 5. Contingency for Other Grassland Birds and Bats. Potential for project- induced mortality on other grassland birds or bats as described by CDFW was premised on utility-scale, solar power-generating facilities that use overhead power collection lines, concentrating power stations, or other technologies. Such overhead power lines and other technologies are not proposed. Actual collision- or electrocution-induced mortality on birds or bats caused by the proposed project, therefore, is speculative. Nevertheless, Central San commits to monitor bird and bat mortality for the initial start-up period of two years. If bird or bat mortality is observed, a BBCS will be developed and implemented. If the null result is observed, monitoring will be reduced or phased out. 3-11 September 2, 2021 Regular Board Meeting Agenda Packet- Page 96 of 199 Page 24 of 43 Comment Letters 3-12 September 2, 2021 Regular Board Meeting Agenda Packet- Page 97 of 199 Page 25 of 43 Airport Contra John Kopchik Land Use (� Director Commission Costa Aruna Bhat County Deputy Director c/o Department of Conservation & Development Jason Crapo Deputy Director 30 Muir Road Martinez, CA 94553 Maureen Toms �=- Deputy Director Phone: 1-855-323-2626 -_ _ Kara Douglas g Assistant Deputy Director Kelli Zenn Business Operations Manager August 19,2021 Russell Leavitt,Environmental Coordinator Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553 RE: Application Review—Central San Solar Panel Array ALUC File#AC21-0003 Assessor Parcel Number 159-140-042 Dear Mr. Leavitt: At the August 19, 2021 meeting of the Contra Costa Airport Land Use Commission ("ALUC" or "Commission"), the Commission approved a motion (vote: 5-0-1) determining the subject project is consistent with the Contra Costa Airport Land Use Compatibility Plan ("ALUCP"). The project was approved subject to the following condition: 1. Glare or distracting lights, which could be mistaken for airport lights, could pose a flight hazard and shall be shielded downward to ensure they do not aim above the horizon. If you have any questions, please do not hesitate to contact me at (925) 655-2917 or e-mail at jamar.stampsgdcd.cccoun, .us. Thank you for the opportunity to review the subject project. Sincerely, Jamar Stamps,AICP ALUC staff cc: ALUC Commissioners September 2, 2021 Regular Board Meeting Agenda Packet- Page 98 of 199 DocuSign Envelope ID:3F6E9872-F52F-4AA7-B1F4-5C1B15C938B2 Page 26 of 43 State of California— Natural Resources Agency GAVIN NEWSOM, Governor °F DEPARTMENT OF FISH AND WILDLIFE CHARLTON H.BONHAM, Director Bay Delta Region ; 2825 Cordelia Road, Suite 100 - Fairfield, CA 94534 ,a (707)428-2002 www.wildlife.ca.gov August 12, 2021 Mr. Russell B. Leavitt Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553 RLeavitt()-centralsan.org Subject: Central San Solar Panel Array, Initial Study/Mitigated Negative Declaration, SCH No. 2021070215, Contra Costa County Dear Mr. Leavitt: The California Department of Fish and Wildlife (CDFW) received a Notice of Intent to Adopt a Mitigated Negative Declaration from the Central Contra Costa Sanitary District (Central San) for the Central San Solar Panel Array Project (Project) pursuant the California Environmental Quality Act (CEQA). CDFW is submitting comments on the Initial Study/Mitigated Negative Declaration (IS/MND) to inform Central San, as the Lead Agency, of our concerns regarding potentially significant impacts to sensitive resources associated with the proposed Project. CDFW is providing these comments and recommendations regarding those activities involved in the Project that are within CDFW's area of expertise and relevant to its statutory responsibilities (Fish and Game Code, § 1802), and/or which are required to be approved by CDFW (CEQA Guidelines, §§ 15086, 15096 and 15204). CDFW ROLE CDFW is a Trustee Agency with responsibility under CEQA (Pub. Resources Code, § 21000 et seq.) pursuant to CEQA Guidelines section 15386 for commenting on projects that could impact fish, plant, and wildlife resources. CDFW is also considered a Responsible Agency if a project would require discretionary approval, such as a California Endangered Species Act (CESA) Permit, a Lake and Streambed Alteration (LSA) Agreement, or other provisions of the Fish and Game Code that afford protection to the state's fish and wildlife trust resources. REGULATORY REQUIREMENTS California Endangered Species Act CESA prohibits unauthorized take of candidate, threatened, and endangered species. Therefore, if take' of any species listed under CESA cannot be avoided either during Fish and Game Code§86:"Take"means hunt,pursue,catch,capture,or kill,or attempt to hunt, pursue,catch,capture,or kill. Conserving California's Wildlife Since 1870 September 2, 2021 Regular Board Meeting Agenda Packet- Page 99 of 199 DocuSign Envelope ID:3F6E9872-F52F-4AA7-B1F4-5C1B15C938B2 Page 27 of 43 Mr. Russell B. Leavitt Central Contra Costa Sanitary District August 12, 2021 Page 2of8 Project activities or over the life of the Project, a CESA Incidental Take Permit (ITP) is warranted (pursuant to Fish and Game Code Section 2080 et seq.). Issuance of a CESA ITP is subject to CEQA documentation; therefore, the CEQA document should specify impacts, mitigation measures, and a mitigation monitoring and reporting program. If the proposed Project will impact any CESA-listed species, early consultation is encouraged, as significant modification to the Project and mitigation measures may be required to obtain a CESA ITP. More information on the CESA permitting process can be found on the CDFW website at https://www.wildlife.ca.gov/Conservation/CESA. Lake and Streambed Alteration CDFW requires an LSA Notification, pursuant to Fish and Game Code section 1600 et. seq., for Project activities affecting lakes or streams and associated riparian habitat. Notification is required for any activity that may substantially divert or obstruct the natural flow; change or use material from the bed, channel, or bank including associated riparian or wetland resources; or deposit or dispose of material where it may pass into a river, lake or stream. Work within ephemeral streams, washes, watercourses with a subsurface flow, and floodplains are subject to notification requirements. CDFW will consider the CEQA document for the Project and may issue an LSA Agreement. CDFW may not execute the final LSA Agreement (or ITP) until it has complied with CEQA as a Responsible Agency. Migratory Birds and Raptors CDFW also has jurisdiction over actions that may result in the disturbance or destruction of active nest sites or the unauthorized take of birds. Fish and Game Code Sections protecting birds, their eggs, and nests include 3503 (regarding unlawful take, possession or needless destruction of the nests or eggs of any bird), 3503.5 (regarding the take, possession or destruction of any birds-of-prey or their nests or eggs), and 3513 (regarding unlawful take of any migratory nongame bird). Fully protected species may not be taken or possessed at any time (Fish and Game Code Section 3511). PROJECT DESCRIPTION SUMMARY Proponent: Central Contra Costa Sanitary District Objective: The Project would construct and operate a 1 .75-megawatt solar panel array on approximately 8.2 acres of a 48-acre parcel owned by Central San, hereby referred to as the "Lagiss Parcel." The proposed solar panel array would be accessed from the northern end of Blum Road via extension of an existing private driveway. The proposed solar panel array would be encircled by a service road and perimeter fence. The existing surface area to be covered by the proposed ground-mounted solar panel modules is approximately 2.5 acres. Combined, solar panel modules together with the service road and driveway, the area covered is approximately 4.0 acres of the 8.2 September 2, 2021 Regular Board Meeting Agenda Packet- Page 100 of 199 DocuSign Envelope ID:3F6E9872-F52F-4AA7-B1F4-5C1B15C938B2 Page 28 of 43 Mr. Russell B. Leavitt Central Contra Costa Sanitary District August 12, 2021 Page 3 of 8 acres. The remainder (4.2 acres) is generally retention basins or aisle space between rows of panels, with only minor area being used for inverters; panelboards; main photovoltaic (PV) switchboard; step-down, pad-mounted transformer; and intertie switchgear. Location: The Project is located at 4451 Blum Road in an unincorporated area of Martinez, California 94553, within Contra Costa County. The Project will occur on Assessor's Parcel Number 159-140-042-7. The approximate Project center coordinate is Latitude 38.006693, Longitude -122.073393. Timeframe: The Project is planned to commence September 2021 be completed by January 2022. ENVIRONMENTAL SETTING The Project site is located within a parcel currently being utilized for grazing by cattle and horses. This grazing area is comprised of non-native grassland with intermixed forbs and a stand of oak woodland to the northeast of the Project site which provides potential habitat for nesting birds and roosting bats. Also, within and adjacent to the grazing area are wetland depressions, palustrine wetlands, and vernal pools, all of which support obligate and facultative wetland plants and provide potential habitat for rare plants such as Congdon's tarplant (Centromadia parryi ssp. congdonii). On and adjacent to the Project site are active colonies of fossorial mammals including, but not limited to, California ground squirrel (Otospermophilus beecheyi), which is a surrogate species for the burrowing owl (Athene cunicularia). Overland flow, pooling, and ponding areas to the north of the Project hold the potential to drain into a tributary of, and the salt marshes and sloughs of, Pacheco Creek. The Project site is immediately surrounded by mowed grasslands to the east, industrial usage adjacent to salt marsh areas to the north, and mixed residential and industrial use to the west, south, and southeast. The immediate neighboring properties contain native and ornamental trees, and other vegetation and infrastructure, that provide potential nesting habitat for birds and potential roosting habitat for bats. Adjacent properties contain public and privately owned open space areas comprised of annual grassland, salt marsh, riparian oak woodland, and coyote brush scrub. Within a two-mile radius are designated open space areas including portions of the Martinez Park Reserve and the Waterbird Regional Preserve. These neighboring, adjacent, and two- mile radii private and public open space areas hold potential habitat and positive occurrence records of special-status species, including but not limited to, the State Species of Special Concern the burrowing owl (Simi, 2008), the 1 B.1 rare plant on the California Native Plant Society's Rare Plant Ranking system Congdon's tarplant (Mardesich & Powell, 2005), and the State Species of Special Concern the Suisun song sparrow (Melospiza melodia maxillaris) (Museum of Vertebrate Zoology, 2005). September 2, 2021 Regular Board Meeting Agenda Packet- Page 101 of 199 DocuSign Envelope ID:3F6E9872-F52F-4AA7-B1F4-5C1B15C938B2 Page 29 of 43 Mr. Russell B. Leavitt Central Contra Costa Sanitary District August 12, 2021 Page 4of8 COMMENTS AND RECOMMENDATIONS CDFW offers the below comments and recommendations to assist Central San in adequately identifying and/or mitigating the Project's significant, or potentially significant, direct and indirect impacts on fish, wildlife, and plant (biological) resources. Impacts to Burrowing Owls Whereas the MND does identify significant impacts to burrowing owls caused by the Project, the Mitigation Measures III-2A and III-213 provided on page 28 of the MND seeks avoidance and minimization of acute impacts to individuals yet does not compensate or mitigate for the loss of nesting and foraging habitat caused by the Project. The Project has the potential to adversely impact the species through permanent and temporary losses of nesting and foraging habitat. Please note that the permanent loss of habitat for the species is considered significant in and of itself and should be mitigated regardless of the current level of disturbance or reconnaissance survey results. The Project may also result in additional impacts to burrowing owls through nest abandonment, loss of young, and reduced health and vigor of owlets (resulting in reduced survival rates) and breeding and foraging disturbance through the operation of Project activities, both during and after construction. Please be advised that CDFW does not consider exclusion of burrowing owls or passive relocation as a take avoidance, minimization, or mitigation method, and considers exclusion as a significant impact. The long-term demographic consequences of exclusion techniques have not been thoroughly evaluated, and the survival rate of evicted or excluded owls is unknown. All possible avoidance and minimization measures should be considered before temporary or permanent exclusion and closure of burrows is implemented in order to avoid take. While active relocation is not considered as take avoidance, minimization, or mitigation, if avoiding impacts to burrowing owls is not possible, active relocation of burrowing owls can be performed as a tool in conjunction with compensatory mitigation. Active relocation will require a relocation plan that includes owl banding, success criteria, long-term monitoring, management, and reporting in order to evaluate the success of the technique and determine the survival rate of relocated owls. To ensure impacts to burrowing owls are mitigated to less-than-significant, CDFW recommends the MND should incorporate specific and enforceable avoidance and minimization measures to avoid and minimize take of burrowing owls, eggs, owlets, and nesting and foraging habitat. These measures should include: 1) a restricted work window; 2) biological monitoring throughout the course of the Project; 3) in accordance with the 2012 CDFW Staff Report on Burrowing Owl Mitigation (available at: https://nrm.dfq.ca.qov/FileHandier.ashx?DocumentlD=83843), a minimum of four survey visits should be conducted within 500 feet of the Project area during the owls' breeding season which is typically between February 1 and August 31 by qualified biologists; and September 2, 2021 Regular Board Meeting Agenda Packet- Page 102 of 199 DocuSign Envelope ID:3F6E9872-F52F-4AA7-B1F4-5C1B15C938B2 Page 30 of 43 Mr. Russell B. Leavitt Central Contra Costa Sanitary District August 12, 2021 Page 5 of 8 4) inclusion of compensatory mitigation in the form of conserved lands for burrowing owl habitat impacts. At a minimum, mitigation ratios for these habitat impacts should be at 3:1 (conservation to loss) for permanent impacts, and 1:1 (conservation to loss) for temporary impacts. Conserved lands for owls should include presence of burrowing owls and ground squirrel burrows, well-drained soils, abundant and available prey within proximity to burrows, as well as foraging, wintering, and dispersal areas. The location of mitigation areas for burrowing owls should be approved by CDFW prior to the start of project-related activities. Conservation lands should be placed under a Conservation Easement with CDFW listed as a third-party beneficiary and an endowment should be funded for managing the lands for the benefit of the species in perpetuity. Additionally, a long-term management plan should be prepared and implemented by a land manager and approved by CDFW. The grantee of the Conservation Easement should be an entity that has gone through the due diligence process for approval by CDFW to hold or manage conservation lands. General Avian and Bat Impacts The MND should evaluate the cumulative effects of loss of habitat as an indirect cause of avian mortality for grassland birds. Breeding Bird Surveys (BBS) conducted by the U.S. Geological Survey Biological Resources Division and volunteers throughout the country show that grassland birds, as a group, have declined more than other groups, such as forest and wetland birds (Brennan and Kuvlesky 2005; NRCS 1999). The BBS shows that in California, grassland birds such as the western meadowlark (Sturnella neglecta), and State Species of Special Concern the burrowing owl, have shown population declines since 1966 (Sauer et al., 2019). CDFW recommends at a minimum an equal amount of land with primary purpose of habitat conservation should be enhanced and conserved elsewhere to offset the loss of habitat for grassland birds. In addition, although avian interactions with PV facilities are not well researched, the primary threats appear to be from collisions and electrocutions. Collisions with PV equipment can include direct collisions into guy wires or transmission lines. Other collisions are less understood such as the "lake effect" (i.e., perception of PV surfaces as waterbodies), first described in Horvath et al. (2009). Utility-scale PV facilities may attract migrating waterfowl and shorebirds through the "lake effect", where birds and/or insects mistake a reflective solar facility for a waterbody and collide with the structures as they attempt to land on the panels. Injuries from collisions with collectors/reflectors may result in acute and direct take (Kagan et al. 2014), or stranding. Stranding can occur when an individual is injured by collision impact and is unable to take off or when they require a running start on the water's surface. The MND should include measures to reduce the risks of avian collisions such as adding special patterns to the PV panels. Linear features such as generator-tie lines, collector lines, and interior and perimeter fences all present collision hazards for birds, and electric lines present a potential September 2, 2021 Regular Board Meeting Agenda Packet- Page 103 of 199 DocuSign Envelope ID:3F6E9872-F52F-4AA7-B1F4-5C1B15C938B2 Page 31 of 43 Mr. Russell B. Leavitt Central Contra Costa Sanitary District August 12, 2021 Page 6 of 8 electrocution hazard (Huso, et al. 2016). All aboveground lines should be fitted with bird flight diverters or visibility enhancement devices. When lines, or other related infrastructure with the potential to cause take, cannot be placed underground, appropriate avian protection designs should be employed. As a minimum requirement, the collection system should conform with the most current edition of the Avian Power Line Interaction Committee guidelines to prevent electrocutions, found at: https://www.aplic.org/mission. The MND should include a requirement for weekly or twice-weekly avian mortality surveys to meet the following objectives: • Estimate the total number of birds and bats killed at the Project site within a specified time period. • Determine whether there are spatial or temporal/seasonal patterns of total bird fatality. • Evaluate species composition and which taxonomic groups may be at risk. • Provide results that allow comparisons with other solar sites and to evaluate changes in fatality due to adaptive management. The MND should include a requirement to develop an Avian and Bat Protection Plan or Bird and Bat Conservation Strategy (BBCS) in coordination with the U.S. Fish and Wildlife Service (USFWS) and CDFW. The purpose of the BBCS is to: • Describe baseline conditions for bird and bat species present within the Project site, and adjacent where influenced by the Project, including results of site- specific surveys. • Assess potential risk to birds and bats based on the proposed activities. • Specify conservation measures that will be employed to avoid, minimize, and/or mitigate any potential adverse effects to these species. • Describe the incidental monitoring and reporting that will take place during construction. • Provide details for post-construction monitoring. • Specify the adaptive management process that will be used to address potential adverse effects on avian and bat species. September 2, 2021 Regular Board Meeting Agenda Packet- Page 104 of 199 DocuSign Envelope ID:3F6E9872-F52F-4AA7-B1F4-5C1B15C938B2 Page 32 of 43 Mr. Russell B. Leavitt Central Contra Costa Sanitary District August 12, 2021 Page 7of8 ENVIRONMENTAL DATA CEQA requires that information developed in environmental impact reports and negative declarations be incorporated into a database which may be used to make subsequent or supplemental environmental determinations. [Pub. Resources Code, § 21003, subd. (e)]. Accordingly, please report any special-status species and natural communities detected during Project surveys to the CNDDB. The CNNDB field survey form, online field survey form, and contact information for CNDDB staff can be found at the following link: https://wildlife.ca.gov/data/CNDDB/submitting-data. FILING FEES The Project, as proposed, would have an impact on fish and/or wildlife, and assessment of filing fees is necessary. Fees are payable upon filing of the Notice of Determination by the Lead Agency and serve to help defray the cost of environmental review by CDFW. Payment of the fee is required in order for the underlying project approval to be operative, vested, and final. (Cal. Code Regs., tit. 14, § 753.5; Fish and Game Code, § 711.4; Pub. Resources Code, § 21089). CONCLUSION To ensure significant impacts are adequately mitigated to a level less-than-significant, the feasible mitigation measures described above should be incorporated as enforceable conditions into the final CEQA document for the Project. CDFW appreciates the opportunity to comment on the IS/MND to assist Central San in identifying and mitigating Project impacts on biological resources. Questions regarding this letter or further coordination should be directed to Andrew Chambers, Environmental Scientist, at (707) 266-2878 or Andrew.Chambers(a)wildlife.ca.gov; or Melissa Farinha, Environmental Program Manager, at (530) 351-4801 or Melissa.Farinha(a)wildlife.ca.gov. Sincerely, DocuSigned by: Stray Seke....a„ 692D02 1CA4F7_. Stacy Sherman Acting Regional Manager Bay Delta Region CC' Office of Planning and Research, State Clearinghouse (SCH No. 2021070215) September 2, 2021 Regular Board Meeting Agenda Packet- Page 105 of 199 DocuSign Envelope ID:3F6E9872-F52F-4AA7-B1F4-5C1B15C938B2 Page 33 of 43 Mr. Russell B. Leavitt Central Contra Costa Sanitary District August 12, 2021 Page 8of8 REFERENCES Brennan, L., & Kuvlesky, W. (2005). North American grassland birds: an unfolding conservation crisis? The Journal of Wildlife Management, 69(1), 1-13. Horvath, G., Kriska, G., Malik, P., & Robertson, B. (2009). Polarized light pollution: a new kind of ecological photopollution. Frontiers in Ecology and the Environment, 7(6), 317-325. Huso, M., Dietsch, T., & Nicolai, C. (2016). Mortality monitoring design for utility-scale solar power facilities (No. 2016-1087). US Geological Survey. Kagan, R., Viner, T., Trail, P., & Espinoza, E. (2014). Avian mortality at solar energy facilities in southern California: a preliminary analysis. National Fish and Wildlife Forensics Laboratory, 28, 1-28. Mardesich, C. & Powell, S. (2005). Congdon's tarplant [ds45]. Calif. Dept. of Fish and Wildlife. Biogeographic Information and Observation System (BIOS). Retrieved August 10th, 2021 from https://wildlife.ca.gov/Data/BIOS. Museum of Vertebrate Zoology (University of California, Berkeley) (2005). Suisun song sparrow [ds45]. Calif. Dept. of Fish and Wildlife. Biogeographic Information and Observation System (BIOS). Retrieved August 10, 2021 from https://wildlife.ca.gov/Data/BIOS. NRCS. U.S. Department of Agriculture. Natural Resources Conservation Service. October 1999. Grassland Nesting Birds. Fish and Wildlife Habitat Management Leaflet Number 8. Sauer, J., Niven, D., Hines, J., Ziolkowski, D., Pardieck, K., Fallon, J., & Link, W. (2019). The North American breeding bird survey, results and analysis 1966-2019. Version 2.07. 2019. US Geological Survey Patuxent Wildlife Research Center, Laurel, Maryland, USA. Simi, D. (2008). Burrowing owl [ds45]. Calif. Dept. of Fish and Wildlife. Biogeographic Information and Observation System (BIOS). Retrieved August 10th, 2021 from https://wildlife.ca.gov/Data/BIOS. September 2, 2021 Regular Board Meeting Agenda Packet- Page 106 of 199 Page 34 of 43 ATTACHMENT 4 RESOLUTION NO. 2021-049 A RESOLUTION ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND PROGRAM AND APPROVING THE SOLAR ARRAY PROJECT ON CENTRAL SAN'S LAGISS PROPERTY WHEREAS, for the purposes of California Environmental Quality Act (CEQA) review, the project upon which this determination is made is described as follows: Central Contra Costa Sanitary District (Central San) proposes construction and operation of a 1.75 megawatt solar panel array on approximately 8.2 acres of a 48- acre parcel at 4451 Blum Road in unincorporated Martinez (APN 159-140-042-7). The parcel is already owned by Central San and is referred to as the "Lagiss parcel." The proposed solar panel array would be accessed from the northern end of Blum Road via extension of an existing private driveway. The proposed solar panel array would be encircled by a service road and perimeter fence. The existing surface area to be covered by the proposed ground-mounted solar panel modules is approximately 2.5 acres. Combined, solar panel modules together with the service road and driveway, the area covered is approximately 4.0 acres of the 8.2 acres. The remainder (4.2 acres) is generally retention basins or aisle space between rows of panels, with only minor area being used for inverters; panelboards; main photovoltaic (PV) switchboard; step-down, pad-mounted transformer; and intertie switchgear. WHEREAS, an Initial Study has been conducted by the Central San; and WHEREAS, Central San staff concludes that the Initial Study adequately, accurately, and objectively evaluated the proposed effect on the environment; and WHEREAS, adequate public notice was given to receive comments on the proposed project; and WHEREAS, the Central San Board of Directors has reviewed the results of the Initial Study, considered comments received, and determined that the project, as mitigated, will not have a significant effect on the environment; and WHEREAS, the Central San Board of Directors finds that the Mitigated Negative Declaration and its Mitigation Monitoring and Reporting Program reflects its independent judgment of the environmental effects of the proposed project; and NOW, THEREFORE, be it resolved that the Board of Directors of the Central Contra Costa Sanitary District does hereby adopt the Mitigated Negative Declaration and Mitigation Monitoring and Program for the Solar Panel Array Project. The Secretary of the Board of Directors will be custodian of the document and other materials that constitute the record of proceedings for the adoption of this Mitigated Negative Declaration. The record of proceedings will be maintained at the District offices, 5019 Imhoff Place, Martinez, California. Mitigated Neg.Dec'.Public Hearing PP Final 10-16-08.doc Page September 2, 2021 Regular Board Meeting Agenda Packet- Page 107 of 199 Page 35 of 43 Central Contra Costa Sanitary District Resolution No. 2021-049 Page 2 of 2 FURTHERMORE, be it resolved that the Board of Directors of the Central Contra Costa Sanitary District does hereby approve the Solar Panel Array Project. PASSED AND ADOPTED this 2nd day of September 2021, by the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Tad I Pilecki 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 September 2, 2021 Regular Board Meeting Agenda Packet- Page 108 of 199 Page 36 of 43 ATTACHMENT 5 I� CONDUCT A PUBLIC HEARING ON CENTRAL SAN'S SOLAR ARRAY PROJECT Melody LaBella, P.E. Resource Recovery Program Manager Russ Leavitt -= Engineering Assistant III Board Meeting September 2, 2021 PRESENTATION OVERVIEW Solar Project Initiation and Design Solar Project Description Environmental Review Process Comments Received and Responses Public Outreach Change Order and Power Purchase Agreement (PPA) Amendment No. 1 Updated Financials Amendment to ARC Alternatives' As-Needed Agreement Committee Review Recommended Board Actions ' I September 2, 2021 Regular Board Meeting Agenda Packet- Page 109 of 199 1 Page 37 of 43 SOLAR PROJECT INITIATION AND DESIGN August 2019: Solar Feasibility Study June 2020: Request for Proposals 4 (RFP) released for a Solar Project PPA November 5, 2020: Board awarded a PPA to REC Solar Commercial r ; Corporation (REC Solar), also known as Duke Energy Renewables, for a 1 .75 megawatt (MW) solar photovoltaic system on Central San's Lagiss property Spring 2021 : Project design sufficient to begin environmental evaluation CENTRAL SAN ' 3 SOLAR PROJECT DESCRIPTION A proposed 1 .75 MW solar photovoltaic facility located on 8.2 acres of the Central San-owned, 48 acre "Lagiss parcel" at 4451 Blum Road in unincorporated Martinez More than 2,500 fixed position, ground-mounted solar panel modules, encircled by a service road and perimeter fence, comprising a total of about 4 acres Remaining 4.2 acres are rainwater runoff retention basins or aisle space between rows of panels, as well as associated electrical equipment, and the connection to PG&E on Blum Road Panels are intended to not be visible from the residential portions of Blum Road ' I September 2, 2021 Regular Board Meeting Agenda Packet- Page 110 of 199 2 Page 38 of 43 L Proposed Solar Project 4. R A1 EM A A l - F. -Ewrc9•r'p -��� •� !-SJ E TII Lvei ]C ` s, Rn.nn Bn.w Y k w— R � s CENTRAL SAN ENVIRONMENTAL REVIEW PROCESS July 13, 2021 : Staff released Initial Study and Draft Mitigated Negative Declaration (MND) stating that implementing the project will have "no significant environmental impacts" — July 13 to August 13, 2021 : MND public review period — August 13, 2021 : Deadline for comments (two were received) September 2, 2021 : Board to conduct public hearing and consider approval of the MND, the Mitigation Monitoring and Reporting Program, and the Project CFNTPAISAN ' 6 September 2, 2021 Regular Board Meeting Agenda Packet- Page 111 of 199 3 Page 39 of 43 MND COMMENTS RECEIVED AND RESPONSES Comments were received from the County Airport Land Use Committee (ALUC) and California Department of Fish and Wildlife (CDFW). The comments and Central San's responses are presented in Attachment 3. The ALUC lighting limitation was already a part of the project. The CDFW comments and a subsequent meeting between Central San and CDFW staff resulted in the addition of a mitigation measure to offset the likely loss of Burrowing Owl habitat by committing to: A) creating a conservation easement over adjacent Lagiss parcel land and providing further monitoring or B) participating in a mitigation bank. CDFW has requested up to 3:1 conservation land. CENTRAL SAN I � BURROWING OWL HABITAT REPLACEMENT OPTIONS Central San dedicates a conservation R easement of about 24.6 acres (3:1 ) A over the Lagiss property and performs periodic species monitoring: $5-10K per year. Staff is recommending this d S option. Central San invests in a Solano County Mitigation Bank: one-time cost of $25K per acre ($615K for 24.6 acres). CFNTPAISAN I8 September 2, 2021 Regular Board Meeting Agenda Packet- Page 112 of 199 4 Page 40 of 43 PUBLIC OUTREACH Letters were mailed to the Blum Road neighborhood concurrent with the issuance of the Request for Proposals (RFP) and the MND. The Notice of Intent to Adopt a MND was mailed to local, State and Federal agencies and published as a legal notice in local newspapers. Communications staff created project webpages on Central San's website, www.centralsan.org/solar, where notices and the MND have been posted. There have been no community concerns expressed about the project at this time. 9 CFNTRAI SAN CHANGE ORDER AND PPA AMENDMENT NO. I Due to additional construction costs resulting from the design process, REC Solar has submitted a change order request to raise the price of solar power from $0.0866 to $0.10 per kilowatt hour. After careful evaluation by Central San's staff and solar consultant, staff is recommending approval. This rate adjustment and changes to the design and schedule result in a need to update a number of sections in our PPA, which will be addressed in Amendment No. 1 . These changes include: early termination fees, purchase option values, milestones, schedule, layout, annual production values, etc. � o September 2, 2021 Regular Board Meeting Agenda Packet- Page 113 of 199 5 Page 41 of 43 UPDATED FINANCIAL ANALYSIS CHANGE ORDER 1 + CONSERVATION EASEMENT Cumulative Net Benefit(Savings) 5 P'OpO MV REC Cumulative Net Benefit ,� [r4luaud C - 30— 1 234 WPM x $103.851 $124x49 3 3573,215 127,559 56.4uoLa0 . Saytut 53az.z92 s 7 S402,612 6 $ 6@0 $530.330 SS.OV],000 7 5972.155 566/.S1S $1.1omod sea,$% 9 i 5974 632 ID $ $L15L160 11 SL774492 SL547,405 It S$.9ws@e 5LS4e.@92 12 51,7 1N33{ g1 14 $],450,411 $xpO1,668 1s 57 754 wnm 76 m 18 $3A9540.1 $3,17¢837 19 54,059,557 59,"1.902 20 $4M0.f11 53.790.835 s:mnrd 7I 5 5411@,079 x1 $51173,517 $4.513.03 73 55.58 999 54.905.960 L 24 yp1$,$20 $$},xj,MJ9 � 1 ] 1 a f 6 7 • f Ip 11 1] if f1 Si N 11 15 N N 11 ii is 1a .. 75 @ 7577p —A1a•e—WL.ln119 —S9rvm3 ■nl sm'st Net Present Value(NPV) = 11 CENTRAL SA14 AMENDMENT TO ARC ALTERNATIVES AS-NEEDED CONSULTING SERVICES AGREEMENT • In April 2019, staff hired ARC Alternatives (ARC), after an informal selection process, under an initial $29,600, as-needed, professional consulting services contract. After exemplary performance, staff has continued to add scope and budget to ARC's as-needed contract. As ARC's contract is reaching the limit of the General Manager's authority, staff is seeking the Board's authorization for the General Manager to raise the cost ceiling of ARC's existing as- needed consulting agreement from $179,600 to $229,600. September 2, 2021 Regular Board Meeting Agenda Packet- Page 114 of 199 6 Page 42 of 43 COMMITTEE REVIEW The Real Estate, Environmental and Planning Committee reviewed this matter at its August 16, 2021 , meeting and supported staff's recommended Board actions. ' 13 CENTRAL SAN RECOMMENDED BOARD ACTIONS Conduct a public hearing on the Mitigated Negative Declaration. Barring any irresolvable public comments to the contrary, approve the proposed resolution adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and approving the proposed Solar Panel Array Project on Central San's Lagiss property; and Authorize the General Manager to execute Amendment No. 1 to Central San's Power Purchase Agreement with REC Solar; and Authorize the General Manager to amend an existing as-needed professional consulting services agreement with ARC Alternatives, increasing the cost ceiling from $179,600 to $229,600. ' 14 September 2, 2021 Regular Board Meeting Agenda Packet- Page 115 of 199 7 Page 43 of 43 QUESTIONS? ' 15 CENTRAL SAN September 2, 2021 Regular Board Meeting Agenda Packet- Page 116 of 199 $