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Home My WebLink About09. Authorize a 20-year Lease with California State Lands Commission re Maltby Pump Station/Pacheco Creek Crossing in Martinez Page 1 of 6 Item 9. CENTRAL SAN BOARD OF DIRECTORS POSITION PAPER MEETING DATE: OCTOBER 7, 2021 SUBJECT: ADOPT RESOLUTION NO. 2021-072 AUTHORIZING THE GENERAL MANAGER TO EXECUTE A TWENTY-YEAR LEASE AGREEMENT WITH THE CALIFORNIA STATE LANDS COMMISSION AT THE MALTBY PUMP STATION NEAR PACHECO CREEK CROSSING IN MARTINEZ AND AUTHORIZE STAFF TO RECORD THE AGREEMENT SUBMITTED BY: INITIATING DEPARTMENT: KATHLEEN RODRIGUEZ, SENIOR RIGHT OF ENGINEERING AND TECHNICAL SERVICES - WAYAGENT PDS - DEVELOPMENT SERVICES - RIGHT OF WAY REVIEWED BY: DANA LAWSON, SENIOR ENGINEER DANEA GEMMELL, PLANNING & DEVELOPMENT SERVICES DIVISION MANAGER JEAN-MARC PETIT, DIRECTOR OF ENGINEERING & TECHNICAL SERVICES Roger S. Bailey Kenton L. Alm General Manager District Counsel ISSUE A resolution of the Board of Directors (Board) is required to have the General Manager execute a lease agreement with the California State Lands Commission and to record lease agreements with the Contra Costa County Recorder. BACKGROUND I n 1969, the California State Lands commission granted a forty-nine year public agency permit to Central October 7, 2021 Regular Board Meeting Agenda Packet- Page 114 of 200 Page 2 of 6 San for a 20-inch force main to convey sewer from the Maltby Pump Station across Pacheco Creek, which crosses through sovereign tide and submerged land (related to APN: 380-030-027). The current lease agreement expired on February 28, 2018; the proposed twenty-year lease is retroactive and will expire February 28, 2038. During the renewal process, it was discovered that two new 20-inch force mains were installed in 1990, under District Project 4610, which repurposed the original 20-inch force main pipe as a casing across the creek for a 4-inch polyvinyl chloride (PVC) reclaimed water pipe and 1-inch signal conduit. Although a permit was obtained from Contra Costa County Flood Control and Water Conservation District, Central San did not advise the California State Lands Commission of the project to amend the lease for these two new force mains. The proposed lease agreement requires Central San to provide to the California State Lands Commission, the following new conditions: • Within six months of the lease, conduct a survey on the burial depth of existing casings; • Every two years, provide copies of inspection results related to the cathodic protection system, including pipe to soil potential surveys of the casings; • Provide reports/test results of periodic integrity monitoring that include internal monitoring and pressure tests conducted of the pipeline; • By August 25, 2024, submit a detailed work plan for the future removal of the repurposed non- operational 20-inch diameter force main pipeline; and • All future repairs or structural modifications to the facility will require review and approval by the California State Lands Commission, including urgent repairs. October 7, 2021 Regular Board Meeting Agenda Packet- Page 115 of 200 Page 3 of 6 Location of Pipe Crossing Maltby Pump Station ( PN 380.030-027) 'x 'x 'x l l r i Elofer"VVBy=, ., ALTERNATIVES/CONSIDERATIONS Decline to renew the lease. This alternative is not recommended since the force mains are needed to serve Maltby Pump Station. FINANCIAL IMPACTS The application processing fee of$3,000 plus a $25 filing fee has been paid to cover the California State Lands Commission's administrative costs in reviewing and renewing this lease. Central San will also reimburse the California State Lands Commission for any future costs associated with compliance and engineering review. There will be no annual rent for the property as the California State Lands Commission considers the lease a public benefit. COMMITTEE RECOMMENDATION The Real Estate, Environmental and Planning Committee reviewed this matter at its meeting on September 13, 2021 and recommended approval. October 7, 2021 Regular Board Meeting Agenda Packet- Page 116 of 200 Page 4 of 6 RECOMMENDED BOARD ACTION Adopt the proposed resolution that (1) authorizes the General Manager to execute Lease 4214 with the California State Lands Commission at the Maltby Pump Station near the Pacheco Creek Crossing in Martinez and (2) authorizes staff to record the document with the Contra Costa Recorder. Strategic Plan re-In GOAL TWO: Environmental Stewardship Strategy 1—Achieve 100% compliance in all regulations GOAL FIVE: Infrastructure Reliability Strategy 3—Protect personnel and assets from threats and emergencies ATTACHMENTS: 1. Vicinity Map 2. Proposed Resolution October 7, 2021 Regular Board Meeting Agenda Packet- Page 117 of 200 Page 5 of 6 P.R.C. 4214.9 State Lands Commission Right-Of-Way Lease Map Date:8/26/2021 Detail Area Martinez Concord v m Pleasant Hill ° n d Michele or m m 0c,"I CIO t6 4?— f ° U Dr �^ �eab. f9<•q✓ AamSv� �e Pachec Explorer-- ay Emshee Ln o- W er -nC�tpP �Austen_Way a Recycled Water Main Lagan Way A Sewer Force Main rk/nlander II �n Benita_way' — Maltby Pump Station (APN 380-030-027) e L-n Note: 0 1,000 Map Displayed in North American Datum of 1983 Attachment Central San data as of August 2021. it Feet California State Plane,Zone III FIPS 0403,US Feet 1 October 7, 2021 Regular Board Meeting Agenda Packet- Page 118 of 200 Page 6 of 6 ATTACHMENT 2 RESOLUTION NO. 2021-072 A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT AUTHORIZING THE GENERAL MANAGER TO EXECUTE A TWENTY-YEAR LEASE WITH THE CALIFORNIA STATE LANDS COMMISSION FOR PIPES CROSSING NEAR PACHECO CREEK AT MALTBY PUMP STATION IN MARTINEZ BE IT RESOLVED by the Board of Directors of Central Contra Costa Sanitary District (Central San) as follows: THAT Central San hereby authorizes the General Manager to execute a lease with the California State Lands Commission for Central San's pipes crossing near Pacheco Creek at Maltby Pump Station in Martinez; and THAT staff is authorized to record the document in the office of the Recorder of Contra Costa County. PASSED AND ADOPTED this 7t" day of October 2021 by the Board of Directors of Central San by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Tad J. 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 October 7, 2021 Regular Board Meeting Agenda Packet- Page 119 of 200