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10-DAY REPORT ON THE CITY OF RICHMOND’S 45-DAY
URGENCY MORATORIUM ORDINANCE PLACING A TEMPORARY MORATORIUM
ON BUILDING PERMITS ASSOCIATED WITH THE KELLER BEACH SANITARY
SEWER LINE WITHIN THE CITY OF RICHMOND PENDING THE STUDY AND
DEVELOPMENT OF AN ALTERNATIVE SOLUTION AS REQUIRED BY
GOVERNMENT CODE SECTION 65858(d)
BACKGROUND:
On February 18, 2025, pursuant to Government Code Sections 65858 and 36937, the City Council adopted Ordinance No. 06-25 N.S., a 45-day urgency moratorium ordinance. Ordinance No. 06-25 N.S. was adopted in an effort to protect the public health, safety, and welfare by placing a 45-day moratorium on all new building permits issued that would impact connections to the Keller Beach Sanitary Sewer (KBSS) line in the City of Richmond pending completion of an anticipated study of the KBSS line and development of reasonable regulations for an alternative solution. Under Government Code Section 65858(d), at least 10 days prior to the expiration of the 45-day ordinance, the City is to issue a written report describing the measures taken to alleviate the conditions which led to the adoption of the moratorium. Issuance of this report satisfies the requirements of Government Code Section 65858(d). The 45-day moratorium is set to expire on April 4, 2025.
MEASURES THAT HAVE BEEN TAKEN TO ALLEVIATE THE CONDITIONS THAT LED
TO THE ADOPTION OF THE URGENCY ORDINANCE
1. City staff is planning to put a contract with Kearns and West on the City Council agenda for approval which will allow the consultant to work as a meeting mediator to ensure that all concerns from the public are heard and addressed. This approval is currently scheduled for the March 25, 2025 City Council meeting.
2. The City has assembled a legal team that is needed to study and implement the recommendations contained in Ordinance No. 06-25 N.S.
3. Staff has posted a request for proposals (RFP) to hire a consultant to conduct a feasibility study to evaluate options for repairing or replacing the KBSS line. This study is foundational to the subsequent Plans, Specifications, and Estimates that will be necessary for the pipeline repair or replacement.
4. Staff has procured a consultant to study and possibly implement an interim solution while the City continues work on the activities noted in item number 3 above. An interim solution may include developing the design and administrative procedures that would allow the use of Sewage Holding Tanks that new development can employ in the design and construction of new homes. The City may also have the consultant explore if some of the sewage can be rerouted away from the KBSS line and into another collection system.
5. Staff has assembled a Keller Beach Technical Committee that will be involved in the development of the KBSS project through monthly and/or quarterly meetings.
The above reflects actions undertaken during this short period. Conditions continue to exist that make it necessary to extend the interim urgency ordinance currently in effect to provide staff with
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the necessary time to complete its analysis and research, develop appropriate regulations, and ensure the protection of the public health, safety, and welfare.
CONTINUED NEED FOR THE MORATORIUM
Actions addressing the underlying need for the moratorium are ongoing. Specifically, at the direction of Council, staff is studying and will develop potential solutions for the repair, replacement or relocation of the Keller Beach Sanitary Sewer line. These potential solutions require public outreach, hiring a consultant to study the alternatives, and a second public hearing before the City Council. These tasks cannot be completed within the initial 45-day moratorium period which ends on April 4, 2025. Therefore, the need for the moratorium remains and staff recommend the City Council adopt an ordinance extending the current moratorium for a period of 22 months and 15 days in accordance with applicable law. Unless extended by Council, the moratorium would expire on April 4, 2025.
OPPORTUNITY FOR PUBLIC COMMENT: Members of the public will have the opportunity to comment on the proposed extension of the Urgency Ordinance at the City Council hearing to be held on April 1, 2025. The City will publish notice for this meeting pursuant to Government Code § 65090.