HomeMy WebLinkAbout03.c. 2023 Wastewater Utility Service Capacity/Demand Report & Resolution No. 2023-xxx adopting a policy& procedures regarding the provision of wastewater collection, treatment, and disposal service to residential developments w/ affordable housing unitsPage 1 of 11
Item 3.c.
DCENTRALSAN
MEETING DATE: OCTOBER 17, 2023
BOARD OF DIRECTORS
POSITION PAPER
DRAFT
SUBJECT: REVIEW DRAFT POSITION PAPER TO ACCEPT THE 2023 WASTEWATER
UTILITYSERVICE CAPACITY/DEMAND REPORTAND PROPOSED
RESOLUTION NO. 2023-XXX ADOPTING A POLICYAND PROCEDURES
REGARDING THE PROVISION OF WASTEWATER COLLECTION,
TREATMENT, AND DISPOSAL SERVICES TO RESIDENTIAL
DEVELOPMENTS WITH AFFORDABLE HOUSING UNITS
SUBMITTED BY: INITIATING DEPARTMENT:
RUSSELL LEAVITT, ENGINEERING ENG-PDS-DIVISION MANAGER
ASSISTANT III
REVIEWED BY: DANEA GEMMELL, PLANNING AND DEVELOPMENT SERVICES DIVISION
MANAGER
GREG NORBY, DEPUTY GENERAL MANAGER - OPERATIONS
ROGER S. BAILEY, GENERAL MANAGER
ISSUE
State law requires Central San to give wastewater utility service priority to residential developments with
affordable housing units and adopt a policy on the subject at least once every five years thereafter. Staff
has prepared an updated report detailing the District's ability to comply with this law.
BACKGROUND
Under Government Code Section 65589.7, wastewater agencies must prioritize proposed developments
that include housing units affordable to lower -income households and confirm adequate capacity exists for
wastewater collection, treatment, and disposal services to these residential developments. A
capacity/demand report and a written policy must be reviewed and adopted at least once every five years
with specific objective standards included for the provision of the wastewater utility service.
The Central San Board of Directors established such a policy in 2006 and has reaffirmed the ability to
serve these affordable households in 2008, 2013, and 2018 through resolution. The reports have utilized
data from the Association of Bay Area Governments (ABAG) Regional Housing Needs Assessment,
which typically views an eight -year span in conjunction with the minimum five-year review requirement
under the Government Code Section.
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The attached 2023 capacity/demand report clearly demonstrates that the wastewater collection, treatment,
and disposal needs of all service area housing, including lower -income households, specifically planned
for the year 2031 can be accommodated.
ALTERNATIVES/CONSIDERATIONS
The report is provided for informational purposes only. If not accepted, direction should be given to staff
as to which aspects of the report require revision before being returned to the Board. Likewise, the Board
may reject or defer adoption of the resolution. Since Central San must comply with State law, if the
resolution is not adopted, direction should be given to staff as to which aspects of the proposed policy
require further consideration before being returned to the Board.
FINANCIAL IMPACTS
No impact.
COMMITTEE RECOMMENDATION
This item was reviewed by the Real Estate, Environmental and Planning Committee at its October 18,
2023 meeting and recommended
RECOMMENDED BOARD ACTION
Accept the attached report on Central San's wastewater utility service capacity and anticipated demand
and approve a resolution adopting a policy regarding the provision of wastewater collection, treatment, and
disposal services to residential developments with affordable housing units.
Strategic Plan Tie -In
GOAL ONE: Customer and Community
Strategy 2 - Promote initiatives to advance affordable and equitable access to services
GOAL TWO: Environmental Stewardship
Strategy 1 - Achieve compliance in all regulations
ATTACHMENTS:
1. 2023 Capacity/Demand Report
2. Proposed Affordable Housing Policy Resolution
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ATTACHMENT 1
CENTRAL CONTRA COSTA SANITARY DISTRICT
WASTEWATER UTILITY SERVICE CAPACITY/DEMAND REPORT
OCTOBER 2023
BACKGROUND
On May 18, 2006, the Central Contra Costa Sanitary District's (Central San) Board of
Directors approved Resolution 2006-027, which established a written policy regarding
the provision of wastewater collection, treatment, and disposal services to residential
developments with affordable housing units.
This policy was established to comply with Government Code Section 65589.7 (SB
1087, 2005), which requires public agencies to adopt a written policy giving public
sewer services priority to proposed housing developments that help meet the regional
need for lower -income housing. The law also generally bars denial or the limitation of
services solely because a proposed development includes affordable housing. This
written policy needed to be adopted on or before July 1, 2006, re -adopted at least once
every five years thereafter and must contain specific objective standards for the
provision of wastewater utility service.
To implement the policy, the Board resolution requires the preparation of a wastewater
utility service capacity/demand report for Board acceptance within six months. The
purpose of the report is to identify Central San's available wastewater collection,
treatment, and disposal capacity; anticipated demand for sewer services from lower -
income households; the necessary steps needed to address capacity shortfalls; and any
necessary changes to the policy adopted by this resolution.
In November 2006, a report was prepared to comply with the requirements of Central
San Board Resolution 2006-027. The report concluded that Central San was capable of
providing sufficient collection, treatment, and disposal capacity for anticipated demand
to nearly the year 2035. The report also identified that the next such report would be
prepared and presented to the Board in 2008, following the completion of the next
Association of Bay Area Governments (ABAG) Regional Housing Needs Assessment
(RHNA) process, and then every five years after that.
On December 4, 2008, the Board accepted the 2008 Wastewater Utility Service
Capacity/Demand Report and adopted Resolution 2008-114 updating the policy
(adopted by Resolution 2006-027) regarding the provision of wastewater collection,
treatment, and disposal services to residential developments with affordable housing
units.
The 2008 resolution continued to conclude that Central San is capable of providing
sufficient collection, treatment, and disposal capacity for anticipated demand to nearly
the year 2035 and that the wastewater collection, treatment, and disposal needs of all
housing specifically planned through the year 2014 can be accommodated. The
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resolution also required that at least once every five years thereafter, Central San
prepares an updated wastewater utility service capacity/demand report for Board
acceptance. This process was repeated in 2013 using ABAG RHNA data for 2014-
2022 and updated in 2018 for the 2014-22 timeframe. The following analysis, intended
for a 2023 Central San Board action, uses the ABAG RHNA data for 2023-2031.
WASTEWATER CAPACITY
There are three components to wastewater utility service: collection, treatment, and
disposal. Each component has its own capacity considerations.
Collection
Central San serves about a 146-square mile area generally located about 30 miles east
of San Francisco. Central San's service area includes approximately 353,800 residents
of the communities of Alamo, Danville, Lafayette, Martinez, Moraga, Orinda, Pacheco,
Pleasant Hill, San Ramon, and Walnut Creek. Central San also treats wastewater for
an additional 134,500 residents of the Concord/Clayton area under a 1974 wholesale
treatment contract with the City of Concord. About 82 percent of Central San's
customers are residential. The remaining 18 percent are primarily commercial, office,
and institutional customers, with less than 1 percent industrial. To collect wastewater
from its customers, Central San owns and maintains about 1,540 miles of sewer
pipeline, ranging in size from 6 inches to 120 inches in diameter; and 18 sewage
pumping stations.
The available, dry weather capacity in the collection system varies by location. Factors
affecting available capacity include pipe size, slope, wastewater flows from existing land
uses, groundwater infiltration, structural condition, and the extent to which non-structural
elements, such as roots and grease buildup constrain the flow -carrying ability of the
pipelines.
To track available capacity, Central San uses a dynamic capacity -modeling program,
InfoWorks, to assess the impacts of proposals for localized development in areas of
known or anticipated capacity deficiencies or current, high -maintenance facilities. Other
reasons for conducting a capacity analysis are when there is a structural failure in a
pipe, an overflow in the system, or when Central San's Collection System Operations
Department maintenance requests indicate a persistent and continuous problem.
Periodically, Central San also prepares comprehensive capacity analyses of the trunk
sewer and interceptor systems and the pumping stations as part of a Collection System
Master Plan or Pumping Station Master Plan.
To preserve design capacity, Central San has an extensive sewer system maintenance
program, with each line scheduled for cleaning at a frequency of between one month
and ten years. Also, Central San annually budgets for the replacement of a portion of
the collection system that is substantially deteriorated or high maintenance.
2
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Treatment and Disposal
In 2002, Central San received approval from the Regional Water Quality Control Board,
San Francisco Bay, to increase its permitted average dry weather flow (ADWF) effluent
discharge limit from 45 million gallons per day (mgd) to 53.8 mgd, based on a
secondary level of treatment. ADWF is the average daily discharge during the three
consecutive months of the calendar year with the lowest discharge quantities, usually
the mid- to late summer months. There are two components to ADWF: population -
generated, base wastewater flow (BWF), and groundwater infiltration (GWI).
Central San's 2002 environmental impact report (EIR) on that requested discharge limit
increase noted that an evaluation of the wastewater treatment plant determined that the
reliable physical capacity of the wastewater treatment plant is 55 mgd. This is because
55 mgd is the wastewater volume that would produce the maximum quantity of biosolids
Central San would be allowed to incinerate under Central San's air quality permit with
the Bay Area Air Quality Management District (BAAQMD).
The 53.8 mgd discharge limit request was based on the buildout of then -planned
growth, which was expected to result in an increase in the served population of
approximately 111,000 by the year 2035, resulting in a total served population of
527,000. The actual 2022 ADWF was 30.9 mgd from a population of about 487,300
and a low level of GWI. Approximately three mgd of the effluent was not discharged to
Suisun Bay, but further treated and recycled for use at the treatment plant and in the
nearby community.
ANTICIPATED DEMAND
"Proposed developments that include housing units affordable to lower -income
households" means that dwelling units shall be sold or rented to lower -income
households, as defined in Section 50079.5 of the Health and Safety Code, at an
affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code,
or an affordable rent, as defined in Section 50053 of the Health and Safety Code.
Table 1 presents the RHNA developed by ABAG for land use planning jurisdictions
within Central San's service area for the 2023-2031 housing planning cycle. These
numbers indicate that 12,755 housing units for very low and low-income households are
anticipated during this planning cycle and 28,822 housing units are anticipated overall.
The law, however, could be interpreted to mean that Central San must give priority to an
entire proposed development that includes affordable housing units; not just to the
affordable housing units. Hypothetically, if a 100-unit residential development were to
include even a few affordable housing units, Central San may need to give priority to the
entire development. The amount of "non -affordable units" that might be linked to future
affordable housing projects cannot be known, nor can the amount and type of units that
have already been constructed; therefore, the overall goal of 28,822 housing units will
be considered for the purpose of this study.
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The BWF and GWI that would be produced by these sets of housing units also are
presented in Table 1. To convert projected housing units to future wastewater flow, it is
assumed that the 12,755 very low and low-income housing units will be multi -family and
the remaining 16,067 are single family. Central San's 2017 Comprehensive
Wastewater Master Plan (CWMP) calculated BWF at 105 gallons per day for multi-
family units and 180 gallons per day for single-family units.
TABLE 1. ABAG HOUSING NEEDS ALLOCATION WITHIN CENTRAL SAN'S
SERVICE AREA, 2023-31 AND PROJECTED WASTEWATER
GENERATION
VERY
LOW
MODERATE
ROVE
TOTAL
LOW
MO ERA
Clayton
170
97
84
219
570
Concord
1292
744
847
2190
5073
Danville
652
376
338
875
2241
Lafayette
599
344
326
845
2114
Martinez a
350
201
221
573
1345
Mora a
318
183
172
445
1118
Orinda
372
215
215
557
1359
Pleasant Hill
566
326
254
657
1803
San Ramona
1497
862
767
1985
5111
Walnut Creek
1657
954
890
2304
5805
Unincorporated b
2072 622
1194 358
1211 [3631
3133 [9401
7610 2283
Subtotals
7595
5160
5325
13783
28822
Totals
12755
16067
RESIDENTIAL
BASE
1.34 mgd
2.89 mgd
4.23 mgd
WASTEWATER
FLOW (BWI) (c)
(a) Wastewater service for these cities is shared by Central San and other agencies. This analysis
assumes, worst -case, that all units are built in the portion of these cities served by Central San.
(b) Wastewater service in the unincorporated areas is shared by Central San and other agencies.
This analysis assumes that Central San will serve only the portion of these units shown in [brackets];
this portion was determined based on Central San's estimated 30 percent share of the overall
unincorporated population.
(c) Assumes that the very low and low-income housing units will be multi -family and the remainder is
single family. Wastewater generation factors of 105 gallons per day for multi -family units and
180 gallons per day for single-family units are used.
Applying these flow rates to the 2023-2031 ABAG housing estimates, the affordable
units would have an added burden of 1.34 mgd, the other residential units would add
2.89 mgd, and the total would be 4.23 mgd. To include non-residential flows, the 2017
CWMP presents a summary of 2017 land use and flow rates. Using this data, the
proportion of non-residential to residential flow can be estimated at 40 percent, so an
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additional 1.69 mqd (40% x 4.23 mgd) should be added to represent future, non-
residential flows (CWMP Table 11.3 Summary of Future Model Loads). If these
amounts (4.23 mgd residential flow + 1.69 mgd non-residential flow), totaling 5.92 mgd
were added to the year 2022 ADWF of 30.9 mgd, the year 2022 effluent discharge
would be 36.82 mgd, which would still be substantially below Central San's 53.8 mgd
limit. Future increases in GWI or substantial increases in non-residential wastewater
could adversely affect this total, though a review of flow data indicates that both GWI
and non-residential wastewater flow rates appear to be declining. These flows are
reviewed annually, which should allow ample warning if the current trends change.
STEPS NEEDED TO ADDRESS CAPACITY SHORTFALLS
Collection
When collection system capacity shortfalls are identified, Central San can require
improvements to be made directly by developers of nearby projects. If the capacity
deficiencies are too far downstream from an active project site to be considered a direct
impact of a development project, Central San includes funding for such improvements in
its Capital Improvement Plan.
Treatment and Disposal
As discussed above, Central San's effluent discharge limit can accommodate all
anticipated residential and non-residential growth anticipated during the years 2023-
2031. In fact, Central San's 53.8 mgd discharge limit should be adequate for the next
several decades. Under worst -case groundwater conditions, the discharge limit could
be reached a few years sooner than 2035, due to the increase in planned growth since
the limit was approved in 2002. This additional planned growth, however, could be
partially or completely offset by the increased water conservation that is already
occurring and expected to continue, as well as by expected increases in the use of
recycled water. Also, worst -case groundwater conditions are not likely to be
consistently sustained for a continuous number of years, but Central San is required to
stay below its effluent discharge limit.
NECESSARY CHANGES TO THE POLICY
No substantive changes to the previously approved policy are necessary at this time.
Central San can continue to serve customers on a first -come, first -serve basis without
the need to prioritize connections based on the affordability level of residential
developments.
To comply with the law's five-year review requirement, the next Wastewater Utility
Service Capacity/Demand Report will be prepared and presented to Central San's
Board of Directors by the end of 2028.
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ATTACHMENT 2
RESOLUTION NO. 2023 -
A RESOLUTION ADOPTING THE CENTRAL SAN POLICY AND PROCEDURES
REGARDING THE PROVISION OF WASTEWATER COLLECTION, TREATMENT,
AND DISPOSAL SERVICES TO RESIDENTIAL DEVELOPMENTS WITH
AFFORDABLE HOUSING UNITS
WHEREAS, Central Contra Costa Sanitary District (Central San) is committed to the fair
and equitable provision of wastewater collection, treatment, and disposal services to
persons and entities within its jurisdiction, in conformity with state law and the District
Code; and
WHEREAS, Government Code Section 65589.7 requires Central San to adopt, at least
once every five years, a written policy (i) granting or providing priority for the provision of
public sewer services to proposed housing developments that help meet the regional
need for lower income housing, and (ii) barring the denial or the conditioning of approval
of an application for services or reducing the amount of the services applied for, solely
because a proposed development includes affordable housing components, except in
limited circumstances.
BE IT RESOLVED by the Board of Directors of Central San as follows:
1. That the "Central San Policy and Procedures Regarding the Provision of Service
to Residential Developments with Affordable Housing Units," a copy of which is
attached hereto as (Exhibit A) is hereby approved and adopted.
2. That the Central San Policy and Procedures shall govern the manner in which
wastewater collection, treatment, and disposal services are provided to proposed
residential housing developments within Central San's jurisdiction that address
the needs of lower income households.
3. That at least once every five years hereafter, Central San shall prepare a report
for acceptance by the Board of Directors identifying such factors as the available
collection, treatment, and disposal capacity, anticipated demand for sewer
services from lower income households, the necessary steps needed to address
capacity shortfalls, and any necessary changes to the policy adopted by this
resolution.
4. That each portion of this resolution is severable. Should any portion of this
resolution be adjudged to be invalid and unenforceable by a body of competent
jurisdiction, then the remaining resolution portions shall be and continue in full
force and effect.
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PASSED AND ADOPTED this 2nd day of November, 2023 by the following vote:
AYES:
Members:
NOES:
Members:
ABSENT:
Members:
Barbara D. Hockett
President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
COUNTERSIGNED:
Katie Young, CPMC, CIVIC
Secretary of the District
Central Contra Costa Sanitary District
County of Contra Costa, State of California
Approved as to Form:
J. Leah Castella
Counsel for the District
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i*0:u:11r_I
CENTRAL SAN POLICY AND PROCEDURES REGARDING
THE PROVISION OF SERVICE TO
RESIDENTIAL DEVELOPMENTS WITH AFFORDABLE HOUSING UNITS
Policy Background: Pursuant to Government Code Section 65589.7, the Central
Contra Costa Sanitary District (Central San) is required to adopt a written policy
(i) granting or providing priority for the provision of public sewer services to
proposed housing developments that help meet the regional need for lower
income housing and (ii) barring the denial or the conditioning of approval of an
application for services, or reducing the amount of the services applied for,
merely because a proposed development includes affordable housing
components, except in limited circumstances. The policy and procedures set
forth herein conforms to this mandate.
2. General Service Policy: To the extent practical, Central San shall provide or
allow to be provided wastewater collection, treatment, and disposal facilities that:
a) Have sufficient capacity to accommodate the demand from land uses
approved in the General Plans of the land use planning jurisdictions within
Central San's service area, and
b) Are located so as to serve all existing or approved development within
Central San's service area and all customers contracting with Central San
for service, provided gravity service is feasible. Collection service by
gravity sewers is preferred to community pumping systems for financial
and environmental quality reasons. Board approval is required to
establish a community pumping system. Such approval shall not be
based on the presence or absence of housing affordable to low-income
households. The Board may condition its approval by requiring a
community pumping system to be temporary and mandating connection to
a gravity sewer when it later becomes available.
3. Provision of Service During Times of Excess Capacity: In times of excess
wastewater collection, treatment and disposal capacity, Central San shall review
and provide or permit the provision of public sewer service to residential housing
developments on an income -neutral basis. Upon an applicant's payment of
applicable fees or the execution of a contract to that effect with Central San,
public sewer service shall be permitted to eligible customers in the order of an
application's submission, subject to the general restrictions set forth herein and
the income -neutral requirements of the District Code.
4. Provision of Service During Times of Limited Capacity or Ability to Provide
Service: In the event of service limitations due to capacity or regulatory
constraints, service priority shall be given to planned developments that include
housing units affordable to lower income households in accordance with
Government Code Section 65589.7 (SB 1087, 2005), and the limitations set
herein.
A-1
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5. Service Approval and Application Review: Central San shall not deny or
condition the approval of an application for services to or reduce the amount of
services applied for by a proposed development that includes housing units
affordable to lower income households, unless Central San makes specific
written findings that the denial, condition or reduction is necessary due to the
existence of one or more of the following:
(a) Central San does not have sufficient treatment or collection capacity, as
demonstrated by a written engineering analysis and report on the
condition of the treatment or collection works, to serve the needs of the
proposed development.
(b) Central San is under an order issued by a regional water quality control
board that prohibits new sewer connections.
(c) The applicant has failed to agree to reasonable terms and conditions
relating to the provision of service generally applicable to development
projects seeking service from Central San, but not limited to, the
requirements of local, state, or federal laws and regulations or payment of
a fee or charge imposed pursuant to Government Code Section 66013.
6. Required Report: At least once every five years, Central San shall prepare a
report for acceptance by the Board of Directors identifying:
(a) Available collection, treatment, and disposal capacity;
(b) The anticipated demand for wastewater utility service by planning housing
units affordable to lower income households;
(c) Any public or private action steps necessary to accommodate such
demand as adequate capacity is unavailable; and
(d) Any changes to these policies or procedures necessary for implementing
this service requirement.
Preparation of this report shall take into account information available in the
General Plans of the land use planning jurisdictions within Central San and
pertinent Central San plans and documents, such as the Comprehensive
Wastewater Master Plan, NPDES Permit, collection system capacity model, and
treatment plant operational statistics and analyses.
7. Re -adopt Policy and Procedures: Following acceptance of the above report, the
Board of Directors shall re -adopt a written policy and procedures regarding the
provision of wastewater collection, treatment, and disposal services to residential
developments with housing units affordable to lower income households.
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