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HomeMy WebLinkAbout17.b. Committee Minutes-Real Estate, Environmental & Planning 07-20-222 Page 1 of 8 Item 17.b. CENTRALSAN jdf A- hom CENTRAL CONTRA COSTA SANITARY DISTRICT August 4, 2022 TO: HONORABLE BOARD OF DIRECTORS FROM: KATIE YOUNG, SECRETARYOF THE DISTRICT SUBJECT: JULY20, 2022 - REAL ESTATE, ENVIRONMENTAL & PLANNING COMMITTEE - CHAIR HOCKETTAND PRESIDENT WILLIAMS Attached are minutes of the above Committee meeting. ATTACHMENTS: 1. Minutes of 07-20-22 meeting August 4, 2022 Regular Board Meeting Agenda Packet- Page 75 of 94 Page 2 of 8 CENTRALSAN CONTRACENTRAL •STA SANITARY DISTRICT 5019 IMHOFF BOARD OF DIRECTORS: REGULAR MEETING OF THE DAVID R. WILLIAMS President CENTRAL CONTRA COSTA SANITARY DISTRICT BARBARA D.HOTem ETT President ProroTem REAL ESTATE, ENVIRONMENTAL MARIAHNLAURITZEN & PLANNING COMMITTEE MICHAEL R.MCGILL TAD J.PILECKI M I N U T E S PHONE: (925)228-9500 FAX.- (925)372-0192 www.centralsan.org Wednesday, July 20, 2022 9:00 a.m. (All attendees participated via videoconference) Committee: Chair Barbara Hockett Member David Williams Staff.- Roger S. Bailey, General Manager (joined during Item 5.a.) Katie Young, Secretary of the District Philip Leiber, Director of Finance and Administration (joined during Item 5.a.) Danea Gemmell, Planning and Development Services Division Manager Melody LaBella, Resource Recovery Program Manager Lori Schectel, Environmental and Regulatory Compliance Division Manager Mary Lou Esparza, Laboratory Program Administrator (joined during Item 5.a.) Thomas Brightbill, Senior Engineer (left after Item 5.c.) Dana Lawson, Senior Engineer (left after Item 6.a.) Robert Hess, Assistant Engineer (joined during Item 5.a., left after Item 6.b.) Khang Nguyen, Assistant Engineer (joined during Item 5.a., left after Item 6.b.) Amelia Berumen, Assistant to the Secretary of the District 1. Notice This meeting was conducted virtually in accordance with the provisions stipulated in Assembly Bill 361 and adopted on July 7, 2022, by the Central San Board of Directors. The agenda included instructions for options in which the public could participate in the meeting. 2. Call Meeting to Order Chair Hockett called the meeting to order at 9:00 a.m. August 4, 2022 Regular Board Meeting Agenda Packet- Page 76 of 94 Page 3 of 8 Real Estate, Environmental & Planning Committee Minutes July 20, 2022 Page 2 3. Public Comments None. 4. Consent Items a. Review draft Position Paper to adopt Resolution No. 2022- accepting an irrevocable offer of dedication for a sanitary sewer easement from The Mill on Brown, LLC related to Job 6709 in Lafayette and authorizing staff to record the resolution with the Contra Costa County Recorder. b. Review draft Position Paper to adopt Resolution No. 2022- accepting irrevocable offers of dedication of real property interests for public sewer purposes and for sanitary sewer easements from Faria Preserve, LLC related to Job 6607 in San Ramon, and authorizing staff to record the resolution with the Contra Costa County Recorder. C. Review draft Position Paper to adopt Resolution No. 2022- accepting irrevocable offers of dedication to Central San for sanitary sewer easements from Summerhill Homes, LLC and Paul J. Kline Trust, and accepting irrevocable offers of dedication for public purposes with public sewers from Summerhill Homes, LLC and authorizing staff to record the resolution with the Contra Costa County Recorder. d. Review draft Position Paper to adopt Resolution No. 2022- authorizing a Grant of Easement to Contra Costa Water District for access over a portion of the Outfall property, 5050 Imhoff Road in Martinez COMMITTEE ACTION: Recommended Board approval. 5. Items for Committee Recommendation to the Board a. Review draft Position Paper to adopt Resolution No. 2022- authorizing (1) execution of a Real Property Agreement for a Class 2 encroachment at 260 Camino Sobrante, Orinda, and (2) authorizing staff to record documents with the Contra Costa County Recorder Ms. Lawson provided a historical overview of the project at this site that had originally been reviewed during the pre-COVID timeframe. Since that time, the design concept changed to construct within the setback along the property line which did not provide an area clear for relocation of the sewer in the future. Staff recommended resubmittal of the project plans in order to provide the required space previously discussed. Ms. Lawson advised that the architect felt the property owner would be agreeable if that would gain the District's approval of the project. August 4, 2022 Regular Board Meeting Agenda Packet- Page 77 of 94 Page 4 of 8 Real Estate, Environmental & Planning Committee Minutes July 20, 2022 Page 3 In response to Member Williams inquiry that the real property agreement would be executed contingent upon a resubmittal of plans, Ms. Lawson stated yes, the agreement would be completed with that caveat. Ms. Lawson responded to further inquiry of this situation. She explained that in an effort to maintain the customer's project progress while adhering to Committee and Board meeting schedules, staff recommended approval of the agreement once updated plans are received and accepted, based upon the Committee's concurrence and Board recommendation. The Committee concurred with staff's recommendation as proposed. COMMITTEE ACTION: Recommended Board approval. b. Review draft Position Paper to adopt Resolution No. 2022- authorizing (1) execution of two Real Property Agreements for Class 2 encroachments for the properties located at 315 Tappan Terrance and 318 Tappan Terrace in Orinda, and (2) authorizing staff to record documents with the Contra Costa County Recorder Ms. Gemmell explained that this particular situation was in collaboration with East Bay Municipal Utility District (EBMUD) and was attributed to a water leak resulting in a landslide. Accordingly, two new real property agreements will be needed. The Committee had no questions. COMMITTEE ACTION: Recommended Board approval. C. Review draft Position Paper to conduct a hearing and consider adopting Resolution No. 2022- authorizing staff to record a Notice of Unpermitted Sewer Lateral Work against the property located at 1721 3rd Avenue in Walnut Creek with the Contra Costa County Recorder Ms. Gemmell explained there have been some challenges attributed to new accessory dwelling unit (ADU) construction. She provided an overview of the complexities of this particular matter. In this case, Central San did not inspect the lateral during construction and an expensive, custom driveway had been finished over the area. She explained staff had spoken with the homeowner on numerous occasions. As all work is complete, it is staffs desire to protect/inform future homeowners with a recorded property notice that the sewer work had not been inspected. Member Williams asked how this circumstance meshed with ongoing efforts to coordinate plan reviews with cities and the County. Mr. Brightbill responded that the homeowners did pull a city permit and started an application with Central San. However, prior to permit confirmation, the homeowners proceeded with the work. He advised there was no breakdown of interagency coordination. August 4, 2022 Regular Board Meeting Agenda Packet- Page 78 of 94 Page 5 of 8 Real Estate, Environmental & Planning Committee Minutes July 20, 2022 Page 4 Ms. Gemmell added that the customer took pictures of the progress assuming it would be sufficient and poured the driveway. She noted by photograph appearance, the work was not to District standards and should be recognized as uninspected permit work. A closed-circuit television (CCTV) inspection was also later completed. Ms. Gemmell stated this approach was reviewed with District Counsel. The Committee concurred to proceed with the hearing as presented. COMMITTEE ACTION: Reviewed and recommended the Board conduct the hearing to consider adopting the proposed Resolution. d. Review draft Position Paper authorizing the General Manager to execute a Memorandum of Understanding (MOU) between Central San and East Bay Municipal Utility District to evaluate the feasibility of various recycled water project concepts, including a potable reuse study Ms. LaBella reviewed the draft Position Paper and MOU as provided in the agenda materials. She focused on the items listed in the draft MOU under Item. 2, Purpose. Ms. LaBella explained that most of the non-potable recycled water concepts listed have already been evaluated and noted one new addition (subparagraph f) which explored the concept to expand the DERWA' diversion to include all dry-weather wastewater flow to the San Ramon Pumping Station, while considering Central San as a partner in DERWA. A twist on the evaluation is the addition of potable reuse. In 2019, EBMUD evaluated a potential indirect potable reuse project with Central San as part of their Recycled Water Master Plan update. As part of this new evaluation, EBMUD would like to explore a potential direct potable reuse project, since regulations for these type of projects are due from the State Water Board by the end of 2023. Additionally, EBMUD also wants to evaluate the Refinery Recycled Water Exchange Project, which any potential partner in the Contra Costa Water District's (CCWD) Los Vaqueros Reservoir Expansion Project could potentially benefit. Ms. LaBella added EBMUD is realizing that more advanced treatment opportunities need to be considered, if they are to meet their aggressive goal of 20 MGD2 of recycled water by 2040, therefore, they need to look beyond non-potable recycled water projects. Ms. LaBella concluded her review of the MOU and stated the best benefit is working together to stretch the water supply in the shared service areas. Member Williams stated the DERWA-Central San item, as discussed, also caught his attention, especially related to the how it would work for DERWA defined as the Dublin San Ramon Services District and East Bay Municipal Utility District Recycled Water Authority. 2 MGD defined as million-gallons per day. August 4, 2022 Regular Board Meeting Agenda Packet- Page 79 of 94 Page 6 of 8 Real Estate, Environmental & Planning Committee Minutes July 20, 2022 Page 5 Central San to become a DERWA partner and how the additional diversion from the service area compared to the current limited diversion. He asked how Central San giving more supply would coincide with other long-term options. Ms. LaBella offered that due to the reduction of refinery demands, which results from Marathon Refinery transitioning to renewable diesel, the demand for the two refineries now equate to roughly 13 MGD (down from 20 MGD) at full build-out. In addition, the potable reuse demands considered by EBMUD in 2019 were even lower, so with the full dry-weather flow to the San Ramon Pumping Station estimated at less than 3 MGD, there may be the potential to accommodate a greater DERWA diversion while still being able to meet the demands of a large, advanced recycled water treatment project. A discussion ensued about collection and treatment of wastewater from the community upstream of the San Ramon Pumping Station and the potential impact or perception to ratepayers by diverting more wastewater to DERWA on a long-term basis. Many factors will be weighed and cautiously considered. Mr. Bailey explained that Central San has agreed to assist with the current water crisis, but not at an economic harm to its stakeholders. Ms. LaBella added that any wastewater diverted from Central San would be required to come back into Central San's service area as recycled water and this approach would be the most cost-effective way to provide recycled water to the southernmost portion of Central San's jurisdiction. She concluded that potable reuse would provide even more widespread benefits, reaching many more Central San and EBMUD customers. Chair Hockett extended her appreciation to Mr. Bailey and Ms. LaBella for this endeavor. She offered her gratitude as she had not seen this much progress in a long while. Mr. Bailey shared that the General Managers of the three agencies (Central San, CCWD, and EBMUD) understand the issues and complexities and there is a great relationship and collaboration with all involved. COMMITTEE ACTION: Recommended Board approval. 6. Other Agenda Items a. Hold discussion on whether Central San should pursue negotiations with CONCO to purchase a portion of CONCO's property that is over Central San's Outfall Pipeline Ms. Gemmell reminded the Committee of a prior discussion of executing a license with CONCO for a recreational vehicle storage facility over the Outfall since a license could be rescinded if necessary. While discussing language for the license, CONCO approached staff with a concept that Central San purchase that portion of the parcel instead. After staff discussion with District Counsel, the matter for discussion today is whether the Committee supports a Board discussion that would be brought forward as a closed session item for August 4, 2022 Regular Board Meeting Agenda Packet- Page 80 of 94 Page 7 of 8 Real Estate, Environmental & Planning Committee Minutes July 20, 2022 Page 6 negotiation terms. Ms. Gemmell stated the District owns-in-fee the adjacent property, and the area in question is an easement. The Committee supported a Board discussion to consider the proposition. Member Williams opined the best rights are with a fee-title. COMMITTEE ACTION: Recommended staff schedule a future Board agenda item for discussion. b. Receive update of National Pollutant Discharge Elimination System (NPDES) 2021-2022 Permit renewal Ms. Schectel reviewed the presentation provided in the agenda materials in detail, including the application timelines and permit highlights. Overall, the process is a large undertaking that requires extensive review of details and meeting various required deadlines. The application was 1,780 pages; the cover letter alone was nine pages and the packet included maps, data, screening information, various analyses, and other technical content. Ms. Schectel stated that even though the District's permit application was an uncontested item at the June 2022 Regional Water Board meeting, Central San received praise from Water Board members as part of the final order adoption. Ms. Schectel extended her sincere appreciation to the numerous staff involved with the entire process that spanned many individuals and divisions throughout Central San that helped acquire a great permit. Member Williams agreed and stated it was a phenomenal effort getting this lined up and approved by the Water Board. He opined that Central San has perhaps the best record in terms of regulatory compliance and view of regulators as a high integrity organization, which is valuable. Chair Hockett thanked staff and reflected back to prior discussion to understand all that is involved in the process and that she has an even larger appreciation for the effort and outcome. COMMITTEE ACTION: Received the update. C. Receive update on the most recent meeting of the Bay Area Clean Water Agencies (BACWA) Ms. Schectel provided an overview of recent events depicted in the agenda material, and responded to questions of personnel changes on the various boards and committees. August 4, 2022 Regular Board Meeting Agenda Packet- Page 81 of 94 Page 8 of 8 Real Estate, Environmental & Planning Committee Minutes July 20, 2022 Page 7 There was some discussion of the term of the Nutrient Watershed Permit; however, the permit appears to stay on track to 2024 and will likely have bay- wide caps. Key details are still to be worked out and BACWA will have a workshop with the Water Board staff later this month. COMMITTEE ACTION: Received the update. 7. Announcements None 8. Suggestions for future agenda items a. Receive list of upcoming agenda items and provide suggestions for any other future agenda items Member Williams suggested an update on current PFAS (per- and polyfluoroalkyl substances) events, especially as it is gaining national attention. Ms. Schectel advised that staff plans to provide the Committee with an update at its August meeting. COMMITTEE ACTION: Received the list. 9. Future scheduled meetings Monday, August 15, 2022 at 10:00 a.m. (Special) Wednesday, September 21 , 2022 at 9:00 a.m. Wednesday, October 19, 2022 at 9:00 a.m. 10. Adiournment— at 10:08 a.m. August 4, 2022 Regular Board Meeting Agenda Packet- Page 82 of 94