HomeMy WebLinkAboutAGENDA BACKUP 01-11-90
.
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
PAGE 1 OF 4
SUBJECT
NO.
IV.
HEARINGS
1
POSITION
PAPER
BOARD MEETING OF
DATE
HOLD PUBLIC HEARING ON INHABITED DISTRICT
ANNEXATION 114-H AS AMENDED BY THE LOCAL AGENCY
FORMATION COMMISSION (LAFCO) AND CONSIDER THE
NEGATIVE DECLARATION BY LAFCO
TYPE OF ACTION
HOLD PUBLIC
HEARING D.A. 114-H
SUBMITTED BY
Denni sHall
INITIATING DEPT./DIV.
Engineering Department/
ISSUE: LAFCO has amended the boundaries of several of the parcel s incl uded
within District Annexation 114. The District must hold a public hearing and
consi der testimony by affected property owners before acti ng on the proposed
amended annexation.
BACKGROUND: The above-referenced annexation consisting of ten separate parcels
was sent to LAFCO as required for the formal annexation process.
LAFCO amended the boundari es of some of the parcel s duri ng its approval process.
These amendments were made to improve the conti nui ty of the resul ti ng Di stri ct
boundary. In amending the boundaries of District Annexation 114-H, LAFCO added
sufficient properties to change the annexation from uninhabited to inhabited (12
or more regi stered voters). Di stri ct Annexati on 114-H is bei ng consi dered
separatel y because the criteri a for determi ni ng the vali dity of protests for
inhabited annexations is different from the criteria for uninhabited annexations.
The criteria for inhabited annexations appears later in this position paper.
Amended District Annexation 114-H is shown on the attached map.
CEQA REQUIREMENTS
A Negative Declaration addressing the proposed annexations was prepared by LAFCO
pursuant to CEQA and was used by LAFCO in making its determinations and approving
this annexation. In accordance with District CEQA Guidelines Section 7.17(f),
the Board must review and consider the environmental effects of the project as
shown in the Negative Declaration which is attached as Exhibit A in the
separately bound document before approving the annexation. District staff has
reviewed said Negative Declaration and concurs with its findings.
ANNEXATION REQUIREMENTS
The District must hold a public hearing on District Annexation 114-H because
LAFCO amended its boundary. Legal notice was published, and the affected
property owners were notified of the public hearing as required by law. The
subject amended annexation is inhabited (12 or more registered voters).
REVIEWED AND RECOMMENDED FOR BOARD ACTION
JSM
RAB
ENG.
1302A-9/85
j.Q~
DH
INITIATING DEPT./DIV.
SUBJECT
POSITION PAPER
HOLD PUBLIC HEARING ON INHABITED DISTRICT ANNEXATION
114-H AS AMENDED BY THE LOCAL AGENCY FORMATION COMMISSION
(LAFCO) AND CONSIDER THE NEGATIVE DECLARATION BY LAFCO
PAGE
DATE
2
OF
4
December 21, 1989
Factors to be considered by the Board in deciding to approve or disapprove the
proposed annexation are set forth as Exhibit B.
Following its review, the Board, not more than 30 days after the conclusion of
the public hearing, shall adopt a resolution reflecting the appropriate action
taken:
1. Certify that the Board has reviewed and considered the Negative Declaration
and concurs with the adoption of the Negative Declaration of LAFCO.
2. Order the annexati on subj ect to confi rmati on by el ecti on by the regi stered voters
residing within the territory proposed to be annexed if written protests
have been filed and not withdrawn by either of the following:
a. At 1 east 25 percent but 1 ess than 50 percent of the regi stered
voters residing within the affected territory, or
b. At least 25 percent of the number of owners of land who also own at
least 25 percent of the assessed value of land within the affected
territory.
If it is determined that an election is required, the Board may terminate
the proceedi ngs and avoi d the cost of an el ecti on ($200:t speci al mail i ng
election by County Election Department).
3. Order the annexation without an election if written protests have been filed
and not withdrawn by less than 25 percent of the registered voters or less
than 25 percent of the number of owners of land owning less than 25 percent
of the assessed value of land within the affected territory.
4. Disapprove the annexation if the Board finds the annexation is improper
based upon any of the factors set forth in Exhibit B.
5. Disapprove and abandon the proposed annexation if the Board finds that
written protests have been filed and not withdrawn prior to the conclusion
of the public hearing representing 50 percent or more of the voters residing
within the territory proposed to be annexed.
RECOtJMENDATION:
1. Open the public hearing, receive any testimony, and close the public
heari ng.
----------
1302B- 9/85
SUBJECT
HOLD PUBLIC HEARING ON INHABITED DISTRICT ANNEXATION
114-H AS AMENDED BY THE LOCAL AGENCY FORMATION COMMISSION
(LAFCO) AND CONSIDER THE NEGATIVE DECLARATION BY LAFCO
POSITION
PAPER
PAGE
DATE
3
OF
4
December 21, 1989
Adopt a Resolution certifying that the Board has reviewed the Negative
Declaration, ordering the filing of a Notice of Determination as a
responsible agency stating that the Board considered the Negative
Declaration concurring with the adoption of the Negative Declaration of
LAFCO, and taking one of the following actions:
a. Order the annexation if no written protests are filed.
b. Order the annexati on subj ect to confi rmati on by el ecti on by the
registered voters residing within the territory proposed to be
annexed if written protests have been fil ed and not withdrawn by
either of the following:
(1) At least 25 percent but less than 50 percent of the registered
voters residing within the affected territory, or
(2) At 1 east 25 percent of the number of owners of 1 and who al so
own at least 25 percent of the assessed value of land within
the affected territory.
c. Order the annexati on without an el ecti on if written protests have
been filed and not withdrawn by less than 25 percent of the
registered voters or less than 25 percent of the number of owners of
land owning less than 25 percent of the assessed value of land
within the affected territory.
d. Disapprove the proposed annexation if the Board determines that the
annexation is not warranted,
e. Di sapprove and abandon the annexati on if the Board finds that
written protests have been fil ed and not withdrawn pri or to the
conclusion of the public hearing representing 50 percent or more of
the registered voters residing within the territory proposed to be
annexed.
NOTE: Exhibits mentioned in this position paper are included in a separately
bound document.
13026-9/85
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EXISTING CCCSD BOUNDARY
PROPOSED ANNEXATION
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CENTRAL CONTRA COSTA SANITARY DISTRICT
DISTRICT ANNEXATION 114-H
PARCEL 9
.
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
PAGE 1 OF 10
POSITION
PAPER
BOARD MEETING OF
Januar
11, 1990
NO.
IV.
HEARINGS 2
SUBJECT
HOLD PUBLIC HEARINGS ON UNINHABITED DISTRICT
ANNEXATIONS 114-B, 114-C, 114-0, 114-E, 114-F,
114-G, AND 114-1 AS AMENDED BY THE LOCAL AGENCY
FORMATION COMMISSION (LAFCO) AND CONSIDER THE
NEGATIVE DECLARATION BY LAFCO
DATE
December 21, 1989
TYPE OF ACTION
HOLD HEARINGS
D.A. 114-B THROUGH
114-G AND 114- I
SUBMITTED BY
Denni sHall
Associate Engineer
INITIATING DEPTIDIV
Engineering Department/
Construction Division
ISSUE: LAFCO has amended the boundaries of several of the parcels included
within District Annexation 114. The District must hold public hearings and
consi der testimony by affected property owners before acti ng on the proposed
amended annexation.
BACKGROUND: The above-referenced annexati on was sent to LAFCO as requi red for
the formal annexation process. Part of the annexation, consisting of two
parcel s, was not changed. These two unamended parcel s are submitted for Board
action on the consent calendar for today under a separate position paper as
District Annexations 114-A. No public hearing is required for these parcels
because they had 100 percent landowner consent.
LAFCO amended the boundaries of the eight remaining parcels during its approval
process. These amendments were made to improve the continuity of the resulting
Di stri ct boundary. The amended annexati ons are desi gnated Di stri ct Annexati on
114-B through 114-1 and are considered to be eight separate annexations. Of the
eight amended annexations, seven are uninhabited and are the subject of this
positi on paper. These parcel s are shown on the attached maps. The remai ni ng
District Annexation 114-H is inhabited (12 or more registered voters) and is the
subject of a separate position paper on this agenda.
CECA REQUIREMENTS
A Negative Declaration addressing the proposed annexations was prepared by LAFCO
pursuant to CEQA and was used by LAFCO in making its determinations and approving
this annexation. In accordance with District CEQA Guidelines Section 7.17(f),
the Board must review and consider the environmental effects of the project as
shown in the Negative Declaration which is attached as Exhibit A in the
separatel y bound document before approvi ng the annexati on. Di stri ct staff has
reviewed said Negative Declaration and concurs with its findings.
ANNEXATION REQUIREMENTS
Oi stri ct Annexati on 114 as submi tted to LAFCO was a si ng1 e annexati on. The
action by LAFCO separated District Annexation 114 into the subject seven
uninhabited annexations, which require a public hearing. Normally a separate
public hearing would be held for each of these seven subject annexations.
members of the public appear, these annexations can be considered in one
heari n . REVIEWED AND RECOMMENDED FOR BOARD ACTION
1302A-9/85
DH
JSM
RAB
INITIA TIN~T.lDIV.
ILI;f
f)Jjl
SUBJECT
POSITION PAPER
HOLD PUBLIC HEARINGS ON UNINHABITED DISTRICT
ANNEXATIONS 114-B THROUGH 114-G AND 114-I, AS AMENDED
BY THE LOCAL AGENCY FORMATION COMMISSION (LAFCO) AND
CONSIDER THE NEGATIVE DECLARATION BY LAFCO
PAGE 2 OF 10
DATE
December 21, 1989
If a member of the public wishes to testify on a particular annexation, a
separate public hearing shall be held on the annexation. The remaining
annexations will then be the subject of the second or subsequent public hearing.
Legal notice was published, and the affected property owners were notified of the
public hearings as required by law. The subject seven amended annexations are
uni nhabi ted (fewer than 12 regi stered voters). Factors to be consi dered by the
Board in deciding to approve or disapprove the proposed annexations are set forth
as Exhibit B.
Following its review, the Board, not more than thirty (30) days after the
conclusion of the public hearing, shall adopt a resolution reflecting the
appropriate action taken:
1. Certify that the Board has reviewed and considered and concurs with the
adoption of the Negative Declaration of LAFCO.
2. Order the annexation if no written majority protest exists.
3. Disapprove the proposed annexations based upon any of the factors set forth
in Exhibit B.
4. Terminate the annexation if the Board finds that written protests have been
filed and not withdrawn prior to the conclusion of the hearing representing
1 andowners owni ng 50 percent or more of the assessed val ue of the 1 and
within the territory proposed to be annexed.
RECOMMENDATION:
1. Open the public hearing on all of the annexations or individual hearings on
Di stri ct Annexati on 114-B through 114-G and 114-I as appropri ate, receive
any testimony, and close the public hearing(s).
2. Adopt a Resolution certifying that the Board has reviewed the Negative
Declaration, ordering the filing of a Notice of Determination as a
responsible agency stating that the Board considered the Negative
Declaration, and concurring with the adoption of the Negative Declaration of
LAFCO and taking one of the following actions:
o Order the annexation if no majority protest exists, or
o Di sapprove one or more of the proposed annexati ons that the Boa rd
determines that the annexation is not warranted, or
1302B-9/85
SUBJECT
HOLD PUBLIC HEARINGS ON UNINHABITED DISTRICT
ANNEXATIONS 114-B THROUGH 114-G AND 114-1, AS AMENDED
BY THE LOCAL AGENCY FORMATION COtIMISSION (LAFCO) AND
CONSIDER THE NEGATIVE DECLARATION BY LAFCO
POSITION PAPER
PAGE 3 OF 10
DATE
December 21, 1989
o
Di sapprove annexati on if written protests have been fil ed and not
withdrawn prior to the concl usion of the publ ic hearing representing
landowners owning SO percent or more of the assessed valuation of the
land within the territory to be annexed.
NOTE:
Exhibits mentioned in this Position Paper are included in a separately
bound document.
13028-9/85
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PARCEL 10
.
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
PAGE 1 OF 3
POSITION
PAPER
BOARD MEETING OF
January ll, 1990
NO.
v.
CONSENT CALENDAR 7
SUBJECT
DATE
December 21, 1989
TYPE OF ACTION
ORDER COMPLETION OF DISTRICT ANNEXATION 114-A
COMPLETE ANNEXATION
OF DA 114-A
SUBMITTED BY
Dennis Hall
Associate Engineer
INITIA TING DEPT./DIV.
Engineering Department/
Construction Division
ISSUE: A resolution by the District's Board of Directors must be adopted to
finalize District Annexation 114-A.
BACKGROUND: The District previously made application to the Local Agency
Formation Commission (LAFCO) for the annexation of ten parcels of land designated
as District Annexation 114. LAFCO has considered this request and has recommended
that Parcel s 4 and 6, as shown on the attachments, be processed as submitted.
LAFCO has designated these parcels to be District Annexation No. 114-A. No public
hearing is required and the annexation of these parcels can be completed.
A Negative Declaration addressing the proposed annexations was prepared by LAFCO
pursuant to CECA and was used by LAFCO in making its determinations and approving
this annexation. This Negative Declaration is included as Exhibit "A" in the
separately bound document referenced in the position papers for the public
hearings on District Annexation 114 B, C, D, E, F, G, H, and I, covered earlier in
this meeting's agenda. In accordance with District CEnA Guidelines Section
7.17(f), the Board must review and consider the environmental effects of the
project as shown in the Negative Declaration before approving the annexation.
District staff has reviewed said Negative Declaration and concurs with its
fi ndi ngs.
RECOM'JIENDATION: Adopt a resolution concurring with and adopting the Negative
Declaration of LAFCO, certifying that the Board has reviewed and considered the
Negative Declaration, ordering the fil ing of a Notice of Determination as a
Responsible Agency stating that the District considered the Negative Declaration
as prepared by LAFCO as required, and ordering the completion of District
Annexation No. 114-A.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
fRY
1302A-9/85 DH
JSM
RAB
INITIATING DEPT./DIV.
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.,
Centra~ ;ontra Costa Sanitar) Jistrict
BOARD OF DIRECTORS
POSITION PAPER
PAGE 1 OF 2
NO.
1990
V. CONSENT CALENDAR 8
DATE
December 27, 1989
TYPE OF ACTION
ACCEPT OONTRACT
WORK
SUBJECT
ACCEPT lHE OONTRACT WORK FOR lHE ORINDA CROSSROADS
PUMP STATION ODOR CONTROL PROJ ECT <DP 4531>, AND
JlJJlHORIZE FIL ING OF THE NOTICE OF COMPLETION
SUBMITTED BY
Ron S. Klimczak
Senior En ineer
INITIATING DEPT/DIV.
Engineering Department/
Construction Division
ISSUE: Construction has been completed on the Orinda Crossroads Pump Station Odor
Control Project (DP 4531) and the work is now ready for acceptance.
BACKGROUND: The Odor Control Proj ect at the exi sti ng Ori nda Crossroads Pump
Station included the installation of a prefabricated odor control unit as well as
appropriate modifications to the ducting and electrical systems (see attachment
A). The prefabricated odor control unit directs the air fran the pump station
th rough activated ca rbon and chemi cally treated medi a fil ters to mi nimize odors
discharged to the atmosphere. This work was undertaken due to the close proximity
of the BART Station and a large new business complex currently under construction
next to the pump station. This project is described in more detail beginning on
page CS-125 in the FY 1989-90 Capital Improvement Budget.
The Board of Directors awarded the contract to Monterey Mechanical of Oakland on
July 6, 1989. The contractor was issued a Notice to Proceed on August 2, 1989
with a contract completion date of December 5, 1989. The original contract
completion date was subsequently modified to December 29, 1989, to provide time to
complete additional electrical work under a contract change order. All contract
work was completed prior to the required completion date.
It is appropriate to accept the contract work at this time. A detailed accounting
of the project costs will be provided to the Board at the time of project
closeout.
REQOMMENDATION: Accept the contract work for construction of the Orinda
Crossroads Pump Station Odor Control Project (DP 4531), and authorize the filing
of the Notice of Completion.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
1302A-9/85
RSK
JSM
RAB
INITIAT~~DIV.
~
LOCATION MAP
NTS
ORINDA 'CROSSROADS
PUMPING STATION
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PROJECT sm:
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CALTRANS .7
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SITE PLAN
NTS
Ori nda
Pump Station Odor Control Project
(DP 4531)
Attachment
A
2523-9/88
.
Centra~ -:ontra Costa Sanitar) Jistrict
BOARD OF DIRECTORS
PAGE 1 OF1
POSITION
PAPER
BOARD MEETING OF
January 11, 1990
NO.
VI.
DATE
ENGINEERING
1
SUBJECT
CONDUCT A BOARD WORKSHOP ON TIlE DRAFT 1990 TEN-YEAR
CAPITAL IMPROVEMENT PLAN
January 5, 1990
TYPE OC&li5lJ'~T WORKSHOP
ON CIP
SUBMI"JTORNYJ. Mercuri 0
Administrative Analyst
INITIAT~lfeerfl~ng Depa rtment/
Planning Division
ISSUE: A workshop has been scheduled in order to facil itate the Board's review
of the draft 1990 Ten-Year Capital Improvement Plan.
BACKGROUND: The draft 1990 Ten-Year Capital Improvement Plan was distributed to
the Board on December 21, 1989. A Board workshop has been scheduled for the
January 11, 1990, Board meeting to provide an opportunity for staff to present
specific information and to facilitate review of the documents in greater detail.
Staff has prepared a prel iminary draft Report to the Community on the 1990
Capital Improvement Plan. A copy of the draft Report is attached for the Board's
review. Staff recommends that the report be mailed to a target audience of
elected officials, city and county staff, Chambers of Commerce, and special
interest groups such as environmental organizations and developers following
Board approval of the 1990 Capital Improvement Plan.
A proposed agenda for the workshop is presented in Attachment 1.
RECOMMENDATION: Conduct a Board workshop on the draft 1990 Ten-Year Capital
Improvement Plan.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
JMM
JMK
RAB
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