March 25, 2025
DocID #38983v1
Public Works
DATE: March 25, 2025
TO: Mayor Martinez and Members of the City Council
FROM:
Daniel Chavarria, P.E., Director of Public Works
Robert Armijo, P.E., Deputy Director of Public Works /
City Engineer
Mary Phelps, Water Resource Division Manager
Subject:
10-Day Report on the Interim Urgency Ordinance
Regarding Keller Beach Sanitary Sewer line.
FINANCIAL IMPACT: No fiscal impact.
PREVIOUS COUNCIL
ACTION:
February 18, 2025
STATEMENT OF THE
ISSUE:
The 45-day moratorium period does not provide enough
time for the City to fully study and consider the
environmental issues surrounding the KBSS line.
Government Code Section 65858, allows the City to
extend the moratorium period; however, the City must
issue a written report ten days prior to the expiration of the moratorium describing measures taken to address
the conditions creating the need for the moratorium
extension.
RECOMMENDED ACTION:
RECEIVE and ISSUE the 10-Day Report on the Urgency
Ordinance regarding the Keller Beach Sanitary Sewer
line – Public Works Department (Daniel Chavarria 510-
620-5478/Robert Armijo 510-620-5477).
AGENDA
REPORT
March 25, 2025
DocID #38983v1
DISCUSSION:
On February 18, 2025, t he City of Richmond adopted Urgency Ordinance 06-25, which implemented a 45-day moratorium period on building permits requiring connection to the Keller Beach Sanitary Sewer (KBSS) line (Attachment 1). The purpose of the Urgency Ordinance was to allow the City time to study and consider the impact of issuing building permits, which would allow connections to the KBSS line.
The City remains committed to resolving the long -standing challenges associated with the KBSS. However, due to consultant turnover, evolving project requirements, and continued uncertainties regarding funding and regulatory approvals, a moratorium was deemed necessary to protect public health and safety while ensuring that the City has the time and resources needed to develop and implement a viable long -term solution. Until the City can assure that it is not contributing pollution to waters of the United States, the City is obligated to minimize any potential pollutant discharge to the Bay and therefore must continue its moratorium on new sewer connections to the KBSS until a replacement sewer is constructed.
The infrastructure deficiencies that impede new development in and around the Keller Beach Sanitary Sewer also impose substantial burdens on the area’s existing residents.
In light of the sewer system’s physical condition and precarious location, a comprehensive plan is necessary to determine how the vacant land and existing residences should be developed and/or improved, given the public safety concerns related to potential pipeline failure of the KBSS interceptor.
The City must also carefully consider what standards and regulations would serve the City’s needs and meet the essential goals of protecting the public health, and safety in Richmond.
Under Government Code Section 65858(d), if the City wishes to extend the existing moratorium, then the City must issue a written report describing the measures taken to alleviate the conditions which led to the adoption of the moratorium no later than 10 days prior to the expiration of the 45-day moratorium (Attachment 2). The 45-day moratorium is set to expire on April 4, 2025. Issuance of this report satisfies the requirements of Government Code Section 65858(d).
SYNERGISTIC POLICIES:
The proposed moratorium supports Richmond’s General Plan 2030 Policy CN3.5 Municipal Sewer District which calls for the city to modernize its wastewater treatment facilities to avoid overflows of untreated sewage.
DOCUMENTS ATTACHED:
Attachment 1 – Urgency Ordinance No. 06-25 N.S.
Attachment 2 - 10-Day Report on Interim Urgency Ordinance No. 06-25