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HomeMy WebLinkAboutReal Estate, Environmental & Planning MINUTES 03-22-23 (Special)Page 2 of 7 LCENTRAL SAN SPECIAL MEETING OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT REAL ESTATE, ENVIRONMENTAL & PLANNING COMMITTEE MINUTES Wednesday, March 22, 2023 2:00 p.m. (;nmmittPP Chair Tad Pilecki Member Barbara Hockett BOARD OF DIRECTORS: BARBARA D. HOCKETT President MARIAHN LAURITZEN President Pro Tem MICHAEL R. MCGILL TAD J PILECKI DIVISION 3-VACANT PHONE: (925) 228-9500 FAX.- (925) 372-0192 www.eentralsan.org Staff. Roger S. Bailey, General Manager (left after item 4.b.) Katie Young, Secretary of the District Danea Gemmell, Provisional Director of Engineering and Technical Services (left after item 4.b.) Paul Seitz, Provisional Director of Operations Rita Cheng, Senior Engineer Mary Lou Esparza, Laboratory Program Administrator Blake Brown, Supervising Chemist Russ Leavitt, Engineering Assistant III (left after item 3.a.) Stacey Durocher, Administrative Services Assistant 1. Call Meetina to Order Chair Pilecki called the meeting to order at 2:01 p.m. 2. Public Comments None. April 6, 2023 Regular Board Meeting Agenda Packet - Page 153 of 176 Page 3 of 7 Real Estate, Environmental & Planning Committee Minutes March 22, 2023 Page 2 3. Items for Committee Recommendation to Board a. Review draft Position Paper to adopt a Resolution of Application requesting Contra Costa County Local Agency Formation Commission (LAFCO) initiate a Sphere of Influence to annex one parcel to Central San for District Annexation 192 - 1 Wilder Road, Orinda; consider prepared environmental documents and Environmental Impact Report (EIR) for CountryHouse Memory Care; and concur with the City of Orinda accepted findings related to the environmental, mitigation measures and reports Mr. Leavitt provided an overview of the materials provided in the agenda packet and discussed the details of the process to annex a proposed development into Central San which requires changing the sphere of influence established by LAFCO, as well as annexation into the boundaries of the Sanitary District. Chair Pilecki inquired about the three alternatives mentioned by the Orinda City Council, and whether they approved an alternative changing the original project. Mr. Leavitt confirmed there was no change to the original project, other than adding the four oak trees. Mr. Leavitt further explained the application process stating that typically the application process takes about a month, and the full annexation process by LAFCO takes approximately four months due to the notification process to all the taxing agencies of the annexation changes that must be done as part of the process. The standard agreement with the taxing agencies is to accept these changes, but it is part of the process that they must be notified. Chair Pilecki asked for clarification on the difference between Central San considering approval of the Sphere of Influence change and annexation, and Central San submitting the application. Mr. Leavitt clarified that staff is asking the Committee to approve the Sphere of Influence change and the annexation allowing staff to submit the application to LAFCO to begin the process. Once Board approval is received, staff would begin the application process. Mr. Bailey further clarified that by Central San submitting the application, the District is agreeing to provide service, but with the understanding that LAFCO has the final say. Mr. Bailey mentioned it was his understanding that the tax revenue formulas are set, and a change in the service boundary would not automatically trigger a change to the revenue formula. Mr. Leavitt confirmed Mr. Bailey's understanding, as well as the agency notification process. Chair Pilecki expressed concern about Mr. Leavitt's letter indicating a possible capacity issue downstream that was not addressed in the draft Position Paper, April 6, 2023 Regular Board Meeting Agenda Packet - Page 154 of 176 Page 4 of 7 Real Estate, Environmental & Planning Committee Minutes March 22, 2023 Page 3 and that charges will be assessed to correct any deficiencies downstream. Mr Leavitt responded saying there was a subsequent letter that clarified Central San acknowledging the process is already part of the Capital Improvement Plan and budget. Mr. Leavitt further explained that the capacity issues are not specific to this project, but do contribute cumulatively to the issue, so it would be subject to the cumulative capacity fees. Member Hockett opined over the development of this facility and thanked the City of Orinda for approving it. COMMITTEE ACTION: Recommended Board approval. 4. Other Agenda Items a. Receive Quarterly Development Report Ms. Gemmell presented the report provided in the agenda packet through December 2022 and discussed the current application and development activity through December that showed some decline. Chair Pilecki asked if staff is anticipating a drop off in development. Ms. Gemmell responded that capacity fees were lowered in the budget forecast for next fiscal year and anticipated drop in development. Mr. Bailey inquired if the lower forecast in capacity fees was reflected in the current rate model. Ms. Gemmell confirmed it was included. Chair Pilecki asked if encroachment verifications being done over the counter were included in the turnaround time. Ms. Gemmell stated the turnaround times reflect an average of all encroachment verifications and are stabilizing. Member Hockett asked if these lower numbers can be attributed to the economy and/or staff efficiency. Ms. Gemmell stated that they have brought back some retirees to help with peak loads and it has been working out very well. Ms. Gemmell discussed the trends in terms of activity. Staff is seeing more Accessory Dwelling Units (ADUs) coming in and is starting to see more activity with SB-9 lot -splits. Chair Pilecki asked if the new lot that is formed from the lot -split is considered an ADU or a single-family residence. Ms. Gemmell stated that when a lot is subdivided, it becomes its own parcel and becomes a single-family residence. Chair Pilecki expressed concern about the County placing an "advisory" stamp on permitted building plans instead of requiring plan approvals by outside agencies prior to submitting the application to the County. Ms. Gemmell said the County has been under pressure to improve turnaround time, and in order April 6, 2023 Regular Board Meeting Agenda Packet - Page 155 of 176 Page 5 of 7 Real Estate, Environmental & Planning Committee Minutes March 22, 2023 Page 4 to address this, the County is no longer "requiring" applicants to get approvals from Central San but are only "recommending" approvals before they get their building permit. Member Hockett asked how that decision was made. Ms. Gemmell stated that the decision was made by the County's Deputy Director of the Building Division. Chair Pilecki expressed to Member Hockett that this may need to go to the Board of Supervisors, and Member Hockett agreed. Ms. Gemmell stated that at this time, staff is communicating with other agencies, then will meet with the County to discuss and try to find a solution. Staff has also asked District Counsel if there is a legal recourse. Chair Pilecki requested that staff return to a future Committee meeting with the Regional Housing Needs Assessment (RHNA) numbers. COMMITTEE ACTION: Received the report. b. Receive the annual update on Regulatory Compliance Ms. Cheng discussed the significant regulatory updates regarding Air, Wastewater and Contaminants of Emerging Concern (CESs) in the presentation provided with the agenda materials. In discussing a violation received for Furnace 2 bypass caused by a power switching event at the plant, Chair Pilecki asked if this problem will be eliminated by the current Capital Improvements project. Ms. Cheng said it will eliminate 99-percent of the problems, but there are still some instances that can trigger a bypass event like a plant power outage. However, staff is optimistic that the new wet scrubber will help reduce future bypass events drastically. Ms. Cheng discussed an item not included in the presentation regarding past air violations. On March 17, 2023, District Counsel Kent Alm executed a Tolling Agreement with the Air District Council to extend the statute of limitations regarding five air violations that Central San received in 2019, allowing both parties to avoid a potential lawsuit filed by the Air District and extends the time to reach a settlement later this year. Ms. Cheng confirmed Chair Pilecki's recollection that four of the five were bypass events. Chair Pilecki asked Ms. Cheng to define the term zero -emission vehicles. Ms. Cheng defined zero -emissions under the Advanced Clean Fleets Regulation to include electric battery and hydrogen fuel cell vehicles. Chair Pilecki asked if hydrovac and rodder trucks are available as electric vehicles. Ms. Cheng said yes, and they are working with a consultant to develop a District -wide fleet April 6, 2023 Regular Board Meeting Agenda Packet - Page 156 of 176 Page 6 of 7 Real Estate, Environmental & Planning Committee Minutes March 22, 2023 Page 5 electrification strategic plan. Ms. Cheng also defined zero -emissions under the Advanced Clean Cars 11 Regulation which includes plug-in hybrids and hydrogen fuel cell vehicles. Chair Pilecki asked what happens if the District loses its furnace and would have to haul off sludge. Ms. Cheng stated the District has an existing contract with Lystek to dispose of sludge in a more reliable manner than through landfills. Mr. Bailey mentioned that Central San had been working on testing this option with Lystek before beginning the Solids Handling Improvements Project. The Committee would like to visit Lystek in Fairfield in the future. Ms. Esparza discussed California Energy Commission related updates regarding PFAS (per- and polyfluoralkyl substances). Mr. Bailey asked if the influent samples had a higher concentration of PFAS than the effluent samples. Ms. Esparza confirmed that the effluent samples had a higher concentration of PFAS than the influent. Mr. Bailey asked if staff has tested the concentration of the sludge before incineration and after incineration to see if there is any destruction. Ms. Esparza responded that this has been done as an internal evaluation during the Phase 2 study through BACWA; ash tested during BACW4's Phase 1 study had non -detect (0.207 ppm) concentrations. Mr. Bailey touched on the continuing discussions that are occurring regarding what happens to biosolids and hopes the Federal Government does not determine PFOA (perfluorooctanoic acid) and PFOS (perfluorooctane sulfonate) in biosolids as hazardous substances which may exclude land disposal as an option. Further discussion ensued on this subject. Member Hockett asked when staff was in Washington DC if Congressman Garamendi mentioned extending Central San's National Pollutant Discharge Elimination System (NPDES) permit from five years to ten years. Mr. Bailey said it was discussed and Mr. Garamendi wants to bring it forward legislatively. Chair Pilecki asked if the lab accreditation is going to require additional staff. Mr. Bailey responded to Chair Pilecki saying that there are some options, but there will be some tough decisions to make in where to utilize staffing. Chair Pilecki expressed interest to Member Hockett to have a presentation like this for the new Board Member. Member Hockett concurred on having a new Board Member packet. COMMITTEE ACTION: Received the update. April 6, 2023 Regular Board Meeting Agenda Packet - Page 157 of 176 Page 7 of 7 Real Estate, Environmental & Planning Committee Minutes March 22, 2023 Page 6 C. Receive verbal update on the most recent meeting of the Bay Area Clean Water Agencies (BACWA) Ms. Esparza provided an overview of recent BACWA meeting topics. The Annual BACWA meeting will be May 5, 2023 at the David Brower Center in Berkeley. BACWA will do a tribute to David Williams. BACWA will have meeting on recycled water the last weekend in May. PFAS data has been received and will be shared at the Annual BACWA meeting on May 5, 2023. COMMITTEE ACTION: Received the update. 5. Announcements Mr. Bailey announced that he has been in communication with David Williams' family regarding his funeral services. He requested that anyone that wants to attend is asked to respond to the Williams family or to let him know to pass on the information. 6. Suggestions for future agenda items a. Receive list of upcoming agenda items and provide suggestions for any other future agenda items As mentioned in Item 4.a., a future agenda item was requested to receive an update on the impact of Regional Housing Needs Assessment numbers. COMMITTEE ACTION: Received the list and provided input to staff. 7. Future scheduled meetings Wednesday, April 19, 2023 at 9:00 a.m. Wednesday, May 17, 2023 at 9.00 a.m. Wednesday, June 21, 2023 at 9:00 a.m. Ms. Young stated that the April 19, 2023 Committee meeting will be cancelled. 8. Adjournment — at 3:34 p.m. April 6, 2023 Regular Board Meeting Agenda Packet - Page 158 of 176