April 4, 2023
Public Works
DATE: April 4, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
Daniel Chavarria, Director of Public Works
Robert Armijo, Deputy Director of Public Works
Mary Phelps, Project Manager I
Subject:
Interim Ordinance Extending Urgency Ordinance No. 02 - 23 FINANCIAL IMPACT: An Interim Ordinance extension would likely impact City finances temporarily because it would prohibit the City from issuing building permits requiring new connections to Keller Beach Sanitary Sewer (“KBSS”). New- construction building permits, for example, can include impact fees with potential loss of the fee revenue up to $757,000.
PREVIOUS COUNCIL
ACTION:
January 18, 2022, and February 21, 2023.
STATEMENT OF THE
ISSUE:
Urgency Ordinance No. 02-23, adopted on February 23,
2023, and expiring April 7, 2023, created a temporary, 45- day moratorium on the issuance of building permits for new Keller Beach Sanitary Sewer (KBSS) connections. It also created an “urgency thereof” b ased on a KBSS re port
documenting compromised pipe conditions with a risk of
imminent pipe failure. New sewer connections resulting in increased KBSS use heighten t his failure risk and t he resulting environmental and public safety concerns. The proposed Interim Ordinance extension would expire in 22 months and 15 days, unless subsequently extended.
AGENDA
REPORT
April 4, 2023
RECOMMENDED ACTION:
HOLD a public hearing; and ADOPT an Interim
Ordinance establishing a 22-month and 15-day extension
of Urgency Ordinance No. 02-23 imposing a temporary
moratorium on issuance of building permits requiring new sewer connections to the Keller Beach Sanitary Sewer;
and declaring an urgency thereof – Public Works
Department (Daniel Chavarria 510-620-5478/Robert
Armijo 510-620-5477).
DISCUSSION:
On February 21, 2023, pursuant to Government Code Section 65858 (“GC Section 65858”), the City Council adopted Urgency Ordinance No. 02-23 N.S. (hereinafter “Urgency Ord. No. 02-23 or Urgency Ordinance”), which established a 45-day moratorium (to expire April 7, 2023) on the issuance of building permits requiring sewer connections to the Keller Beach Sanitary Sewer (KBSS) and declaring the urgency thereof.
On January 18, 2022, the City Council adopted Resolution No. 08-22, which accepted the findings of the Keller Beach Sanitary Sewer CCTV review and assessment report (“KBSS Review and Assessment Report”), dated January 3, 2022.
The KBSS Review and Assessment Report identified a severely compromised pipe and concluded that KBSS should undergo extensive repairs, which would address critical issues; or a pipe replacement and relocation, which would alleviate the critical issues but incur cost and time considerations.
Government Code section 65858(b) authorizes the City Council to extend Urgency Ordinance No. 01-22 for twenty-two (22) months and fifteen (15) days following notice and a public hearing. An extension requires a four-fifths vote of the City Council for adoption (i.e., six [6] votes), and the City Council may subsequently extend for one (1) year.
City staff sought a determination from the State of California Department of Housing and Community Development requesting approval of the Urgency Ordinance. On March 14, 2023, HCD provided the City with a determination letter approving the Urgency Ordinance. In its letter, HCD acknowledges the severity of the KBSS condition and the potential harm to public health and safety, and the environment, and anticipates that the Moratorium will need to be extended beyond the 45-day period, pursuant to Government Code 65858, subdivision (b). HCD approved the re-adoption and enforcement of Ordinance No. 02-23 N.S. and its planned extension for up to 22 months and 15 days, by the City of Richmond.
Coastland Engineering began work on the Keller Beach Sanitary Sewer Replacement Feasibility Study on October 27, 2022. This project involves public outreach,
April 4, 2023
preliminary feasibility studies and investigations, and the development of alternatives for relocating the existing Keller Beach Shoreline sewer into the streets of Point Richmond. Other consultants working on the project include Kister, Savio & Rei, Inc (surveyors), Cal Engineering & Geology (geotechnical engineers), NCE (environmental scientists/planners), and J Majors & Associates (public outreach).
Ongoing public outreach by City staff will inform the Point Richmond community about the project’s purpose and goals, status, and timeline. Initial project notification was conducted in January 2023, consisting of the preparation of fact sheet flyers, and door- to-door communication with property owners. Public informational meetings are planned for Spring and Summer of 2023 to update the community of the project’s findings and timeline.
Preliminary studies will evaluate constraints and opportunities for new sewer construction by conducting topographic surveys, researching existing utilities and easements, conducting geotechnical investigations, and completing environmental and cultural resource investigations to identify permitting requirements. These studies will be conducted later this year.
Preliminary civil design will develop alternatives for a new sewer main with plan and profiles. Project alternatives will be developed to meet City sewer design and construction standards and with the goal of maximizing system reliability and minimizing construction as well as operations and maintenance cost. Sewer alignments and profiles will be developed to minimize the number of lift stations needed, and to avoid or minimize conflicts with existing utilities and constraints of public right-of-way and topography. Design alternatives will consider various methods of construction including traditional open-cut methods, pipe-bursting and horizontal directional drilling.
The new sewer main feasibility assessment will be conducted between April and July 2023.
Private property sewer lateral improvements are anticipated to be needed for some residences whose laterals will not be able to drain by gravity to the new sewer system.
This project will conduct an assessment of the anticipated range of costs for these improvements.
Opportunities for funding the project’s construction will be presented in a Funding Options Technical Memorandum, which is anticipated for completion in August 2023.
The findings of this preliminary feasibility study are likely to identify additional investigations needed prior to the final design. The timing of additional investigations construction is anticipated in 2024, with the final design being completed in fall of 2025-
26. The forecast for construction of the new Keller B each sanitary sewer main is 2026 -
27. On March 27, 2023, the City completed and posted a written report (“Report”) describing the measures taken to alleviate the condition that led to the adoption of the urgency ordinance. In particular, Public Works is mid-process in executing a work
April 4, 2023
authorization for consultants to complete the next-stage feasibility study and evaluation of alternatives, including but not limited to alternate alignments to, and servicing of, properties. The Public Works Department is also creating an informational webpage where affected property owners can obtain information about the moratorium, including petitioning for relief.
ALTERNATIVES CONSIDERED:
1. Extend Interim Ordinance on Moratorium as proposed for 22 months and 15 days; or,
2. Take no action, whereby the moratorium expires on April 7, 2023.
DOCUMENTS ATTACHED:
Attachment 1 – Draft of Proposed Interim Ordinance Extending Temporary Moratorium Attachment 2 – 10-Day Report Issued Pursuant to Government Code, Section 65858(d) Attachment 3 – Keller Beach Sewer Moratorium Area Map
Attachment 4 – Public Hearing Notice
Attachment 5– Urgency Ordinance No. 02-23 N.S., adopted February 23, 2023 Attachment 6 - HCD - Moratorium Approval Letter