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Home My WebLink AboutAGENDA BACKUP 10-17-85 . Centr, Contra Costa Sanitar District BOARD OF DIRECTORS POSITION PAPER BOARD MEETING OF NO. I . October 17, 1985 OF 3 1 SUBJECT CONDUCT PUBLIC HEARING, CONSIDER ADOPTION OF NEGATIVE DEQARATION, AND CONSIDER APPROAl OF THE SOUTHERN PACIFIC TRANSPORTATION COMPANY RAILROAD'S RIGHT-OF- WAY ACQUISITION DATE October 7, 1985 TYPE OF ACTION CONDUCT PUBLIC HEARING ADOPT NEGATIVE DEQARA- nON, AND APPROVE PROJ ECT SUBMITTED BY INITIATING DEPT./DIV. Jacqueline l. Zayac, Planning/Grants Tech. Engineering Dept./Planning Division ISSUE: A public hearing must be conducted prior to adopting the Negative Decl aration for the proposed Southern Pacific Transportation Company Rail road's Right-of-Way Acquisition, hereafter called the "SPTCRR Right-of-Way Acquisition." If the Negative Declaration is adopted, approval of the acquisition project is requi red. BACKGROUND: The California Environmental Quality Act (CEQA) and guidelines requi re the Board to consider the Initi al Study prepared and public comments received prior to approving the Negative Declaration for the proposed acquisition. If the Board adopts the Negative Declaration, approval of the acquisition project will be required to complete the CEQA requirements and allow the District to file a Notice of Determination in the County Clerk's office. The Initial Study for the project was prepared by Environmental Science Associates, Inc., an environmental and planning consulting firm. District staff concluded that the Initial Study for the proposed acquisition adequately, accurately, and objectively eval uated any possibl e effect on the environment. Based on the Initial Study, it was determined that a Negative Declaration is the appropriate document for the project. In compliance with the CEQA requirements, District staff arranged for a legal notice to be published which sol icited comments and provided notice of the District's intent to adopt the Negative Declaration for the proposed acquisition proj ect. If the Negative Declaration is approved, the District plans to acquire either as easement or fee titl e approximately 15 mil es of abandoned SPTCRR Right-of-Way runni ng north to south from Monument Boul evard, Pl easant Hill, to Ensenada Drive, San Ramon (see Attachment 1). The County is currently negotiating with the Southern Pacific Transportation Company to purchase the SPTCRR Right-of-Way. With other entities interested in acquiring rights in the SPTCRR Right-of-Way such as East Bay Municipal Utility District and livermore-Amador Valley Water Management Agency, the District must act immediately to be able to purchase land rights to preserve the SPTCRR Right-of-Way for a possible future sewer line. REVIEWED AND RECOMMENDED FOR BOARD ACTION INITIA TlNG D)ZPT./DIV. .'.\j-~ (l / /Ifi3 1302,A.9/85 SUBJECT CONDUCT PUBLIC HEARING, CONSIDER ADOPTION OF NEGATIVE DEQARATION, AND roNSIDER APPROVAL OF THE SOUlHERN PACIFIC TRANSPORTATION COMPANY RAILROAD'S RIGHT-OF- WAY AOOUISITION POSITION PAPER PAGE ? DATE OF 3 October 7. 1985 The SPTCRR Right-of-Way from Rudgear Road, Wal nut Creek, to Ensenada Drive, San Ramon (shown as segment 3 on Attachment 1), may ultimately serve as an al ignment for a new Di strict trunk sewer 1 ine to provi de expanded service in and from the Danville-San Ramon Valley area. The Walnut Creek bypass project (shown as segment 2 on Attachment 1) which will be installed between Ygnacio Valley Road and Rudgear Road could serve to connect a new line from San Ramon with an existing or parallel trunk sewer 1 ine between Ygnaci 0 Vall ey Road and Monument Soul evard (shown as segment 1 on Attachment 1). An Environmental Impact Report (EIR) will be prepared during the next several months which will address alternative alignments for a new sewer from the south end of the Walnut Creek bypass pipeline to Ensenada Drive, San Ramon. The EIR is scheduled to be completed by May 1, 1986. Since the District cannot be certain that the SPTCRR Right-of-Way will still be available when the EIR is completed, an Initial Study and Negative Decl aration have been prepared for acquisition of the SPTCRR Right-of-Way now; however, no project is proposed at this time. RECOMMENDATION: Conduct a public hearing, consider adoption of the Negative Declaration, and consider approval of the acquisition project. --------- 13028.9/85 -Page 3 of 3 ATTACHMENT I .~t.~ n._,: .....-- .. t.~~: ~ "'C'~feo 24 ~,":\ /~ ..... !,--~ 5, 14 US 'NAVA1 'P'OQ,<' "'AGAZINE '" - . " 'l;.. ...~~ ~.: '. ~~ "'. 0,... E~ '6J! '-AT 110'" L:, -, ~ ~ El '!la' MI1C~E~L ~oc~ . _ ~..eL...__~ _ ~ -;.... s - - 6. fAGi..E ~E/U(, -4-f" E. m. -^' ?~ -MOUNT STATE "~ f; J~~' - (J0"'~ HOIP" PEAl<. L fE<9...,.,.s _ lJ. J"'~ ~1.. O,,tB....C GAME L:, o .N .'f". R~smoor Jo- leisure '. "orld . Alam 15 l.150 ..ASE1~ ~ PEt." ....... L:, (0""'" PA.RK LAS TRAMPAS REGIONAL PARK -\~t .,,~<,,~ v. 'c.. '~ '- " -11 "" .(" --~ f/~, IlU 11\' o,"r U~. ~ "fq.~,,'.i"'Oq"St."'''.ll.' \ o+~ //~ ~/~ ",$:~ , (/...,>01, ~ '" !. "~4 ,"',E.:EVA~'''''' , "i.' ~ ~ ...:~::,~~4."1.~ ..... c. ~_ 6 ~~ \. E.m LEGEND: - - - - -I. Monument Blvd. to Ygnaclo Valley Rd. 11111111111112. Ygnaclo Valley Rd. to Rudgear Rd. ;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:; 3. Rudgear Rd. to Ensenada Dr. f'- ff 3 :' ~' ,-/1<<:-_/' B~ A;:';' ", " ". .- ~EFuGE 3.~ . ~..' ,....,:. L:, BLACK L ':":;'f:' ". T "~" ~ ~;; . CentrL. Contra Costa Sanitar ~ District BOARD OF DIRECTORS POSITION PAPER BOARD MEETING OF October 17, 1985 SUBJECT PAGE 1 OF3 NO. v. CONSENT CALENDAR 3 AUTHORIZATION FOR P.A. 85-21 (PLEASANT HILL) AND P.A. 85-22 (ALAMO) TO BE INCLUDED IN A FUTURE FORMAL ANNEXATION TO THE DISTRICT DATE October 7 1985 TYPE OF ACTION SUBMITTED BY Dennis Hall, Associate Engineer Parcel No. Owner Address Parcel No. & Acreage Area 85-21 Pleasant Hi 11 Madelle R. Bettis 581 Best Road Pleasant Hill, CA 94523 (152-092-009) 0.42 acres Marg i e E. Best 589 Best Road Pleasant Hill, CA 94523 (152-092-12) 0.42 acres (152-092-13) 0.42 acres 85-22 Springbrook Assembly of God 25 Hillcroft Way Walnut Creek, CA 94596 (188-330-002) 6.56 acres Alamo ACCEPT FOR PROCESSING INITIATING DEPT./DIV. Engineering Dept./Construction Division Remarks Lead Agency Existing house, failing septic system. District to prepare "Notice of Exemption" CCCSD One existing house with failing septic system and one vacant lot. District to prepare "Not i ce of Exempt i onll CCCSD Parcel is being divided into four building sites - hree of which are for single family residences nd the remainder will be for the construction of a church. Contra Costa County has prepared a Negative Declaration for the project. C.C. County RECOMMENDATION: Authorize P. A. 85-21 and P.A. 85-22 to be included in a future formal annexation. INITIATING DEPT./DIV. REVIEWED AND RECOMMENDED FOR BOARD ACTION ~ 1302".9/85 DH RAB JMc ~f \" ~ ~\r .,."" ~\\\- .1 ""~ ", ti '.\ rz .J>~~ '\ rIll: W'\Z1.ll .J. " , ~. ~~.'__~--~ '7,~1~_21'- ~,~1 ,~'l- 0 II' --' \ ~ -1, \~4 '\'U:\ ,0\ ~ \~ .'-I',:1at~~; :'t ~ _, ~ 40-' 2' l'\ ..\ n, 70 A(.' A r,,,..~ j ~i21 -' 23 .... ~ -j...--' .~ l.r .. ?O . ), ~ "S4 7, 18' "7""- ~JI r A ~ I-- xl ~~ ~A ~l2lhu.;l') -- ".~ , ~r-....... \;-:-\ \- ~ - -----< - / I'" 14 ~ $1 .' ni'1-,:ti~,.)\~~I' .0 4 12~ ~ .8 ~O 44 45 4J.~ ~In OF : ~ !'I87~.~ic~~,:~L\\0"i1 I "n.~~vr:' .. .. 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Jlr.-~_ ~W-_ tI ;/'::.., ,)" ~~'~;~I'~~.':II~ -.I[i='~ : ';".Jck?jl."'f~, '1~ l:U:i :;'.. ~....~ - I ~. . ~ n 7., ~ r:J~j "2 4~ L" . niL T 1i "~71 -i2'(S"121._- ..~. H;;!; ~ 41\ ~ 30 '~L__' ,"!4" r:> ~... r -- ,_ .. .. 1"7 .. I : 84 .11' 13' 44 30 ..J ~~ . -""ll ' -, =, e. Ie! " 490"'~ ... ~ =-J" 40 4' j ~ ,",0 ~5 8' 90 "5, >' ~, 211 ~l" . t-'" ~526"""522; ~~ ~,~ ..In.:.: ~,; ~ :1 _ _ "".J 42 z ,'"'"': 52 '''''',, ~illL - - 35 ;0 '": _ 4e ,'0, 84 I :::.~,: ,:~ ~7:i.'T r... '-fl.. ~ ) 50::7, '~'.':T~~ ,:7;; ~:TT - .. ~7 54ln 50 : .;':1 -- ~ rtIY.' '" ~ Thi' 206 · ~~l~ ' .,0::21 20Ji ~ ~ '-a I .. 'I~f!! fiB! :,'~"2 110 '" 150 035"1'~ ,:""",:~TFt~~'-~i" /'- r~-=-rt/;J. '.. i'3: ltQ ~"'i! .. _-u.:.....- I~ !II, -----al ~ - -.. ~-Y-~ ~ ,=, . ~ e." '''0 ~ '0'1 J'"", I"cd TIiiij' ~ iOO::W'4"~ :: 47 00 .. 17 .ur ~~ ~'55 ?-:.o:. -4!!~~_ R:.:+z,jARjDf,~S: 7~ 102 IOS 146 62 &5 eo I. t05 r-- ~1O<'llI10471~: ....~I . il- ill>>!::- jlOll&j 10 U .0.0" ,. 45 03/ 181 ~ I4i ~ ': ~'J :21 '18 f-- 100;1 t;;;;'oJ .''''{j~': ; ~_,,: ! i ,..... zq IIll .. I04~ I04~1<o'o: ''{:O,7 ION -"'{'l!b9_ol'~Q~Hl_ IN. 10 101~"lI'AY~ 401,. IDII'Sli '-"'" I .--/~ ~ \':"~~I ~ "~ PLEASANT HILL PAR:: LANDI. ':" ~ . RECREA710N D'STRICT "',., ~ 0 2. l..-.I;c 3 L' I 112 113 S / 27 --<-='\.-_ ~ ,& 5f. AC I ZIA s. 1-tI'... IS S MZ5 ,-I,oq ~~\'74 d j o '" ~;3 I. ~ : ! --.::ou:: '5 I.... I ~ ,Me 1'0. '.0 "I- .... SUB ',' .~ L ~~----J ~200AC ~ .1.., ,I '-'I 1...1 I I r.:<19O ~ ~ , 2 '4 GRI!6CRY LN. ~ d 566 - .. I _. :<':'~"UORY It ,.., ~ ~ ~ 20 ..I ,~' ~ 1'~ n ~ 'I " ~I · 1 " i 't' II ~ LJ~ JUNCTION c: 'i'---] ~ ~- . ~rr!c J"~ '" 'il - srIlA/IIDWOOD SCHOtN. 15 72 R J;l;l UOftTl CT. .. ~17 'UAII os )i. .. 1.="" 16 , Tel "''''to I ~ - II" 37149 1,2 10 -., I ~."1 70 41i\44171 ,~,,:n u ,- r;;r.~ ':p~rsOr I 1:-- .cr:J- - TiT ~NIR1 ~._RO~~I"'.IIEEN r "'IN8 .m : -=' ..."UlS ~ y~ : i "zQj~' -',. ':,.I/It'" >J/!lF -!!I rT ~\ ~ ~r::; 2' '\0 . I :: I, I T I roqU.lJ "1-"" 10 .., H ..c:, '~Lk.l, I,un f,Io-..., v'i1~ 111.,1" 1 ~ .11 IIlOlol,,~~~ll"~"~ ~ 27 =.1l ~ N I" - G'l -. A "-I ~ THEO ~ u~!1 1'1il~ PROPOSED ANNEXATION ~ ',....-li I~ i'" I ,~, ZS Ii ~ 20 :~~ N ~ l..!l ';I IT1.'u ,~~I 10 tJ.~. Is I "r"' ' -II I I 8l<1~" I'f /I, 16'" ZI ilO VIEW flftOflEftTIES INC. IU.UAC c'" ", DAILY STATE SI.IZAC '7 ( RA. 85-22 JO"EI . Centr~ Contra Costa Sanital District " BOARD OF DIRECTORS PAGE 1 OF 2 POSITION PAPER BOARD MEETING OF SUBJECT NO. V. CONSENT CALENDAR 4 QUITQAIM SEWER EASEMENT, JOO 1618, PORTION OF PARCEL 4, PlEASANT HIll MEA DATE October TYPE OF ACTION APPROVE QUITQAIM OF EASE~NT SUBMITTED BY INITIATING DEPT./DIV. Dennis Hall, Associate En ineer ISSUE: Burke Properties, owner-developer of The Terraces office building in Pleasant Hill, has requested that the District quitclaim the subject easement (see attached map). BACKGRQJND: The subject easement was created in 1947 and a 33-inch trunk sewer pi pel ine was installed within the easement at that time. In 1954, a new trunk sewer was installed in Contra Costa Boulevard and the portion of the 33-inch trunk sewer in the subject easement was abandoned. Staff has determined that the subject easement is not needed for present or future District use. The owner-developer has paid the District's processing fee appl icabl e to quitcl aims. In a rel ated acti on, the property 1 i nes of the Terraces proj ect are bei ng adjusted to improve the intersection of Contra Costa Boulevard and Monument Boul evard as shown on the attached map. Because of the abandonment of a porti on of the publ ic roadway to the Terraces proj ect, a new sewer easement will be dedicated to the District covering the western six feet of said abandoned portion. REOOMMENDATION: Approve quitcl aim of easement, Job 1618, authorize the President of the District Board of Directors and the Secretary of the District to execute said Quitclaim Deed, and authorize the Quitclaim Deed to be recorded. REVIEWED AND RECOMMENDED FOR BOARD ACTION 114 1>>13 130211.9/85 DH JMc RAB INITIATING DEPT./DIV. -' -' fiJ: ~t- QZ Z~ Cc IIIW C-' WG. IIIU. 00 t- >- .~ !:: ,U a: >- III =~Q Ol-C ...CO Ua: ~Qa: ,WO a:Qu. ~. ~~i ~~~ ~ "l 8 ~ ~ ~ IMO#tlMENT I A ~ ~8t : Wlcr. : ~ - : V\ ~ !'\' ~ ~ -------!'t . ~ ~ ~ u. II) M.ec:,S ~ .ees wQ IIIWQ ol-C .....co r-ua: ~Qa: ,wo a:Cu. c : ..J ~ W C) I I 0" I a::" I _ - ~ - - - - - -c(- - II - - L - - - - - - - - I 0. : c ~\b ,,~ ~-.l K\:, ~~ ~~ .141 C) .'0 . '- .0- - "1- - -~ - - - - - - - - - - - - ~ ~~~ ~~~ ~,J .... , CD o ... :::J' ; ~. ~ . Q) Q:) .... l.lJ' ~ '" ~ ell/a " QUITCLAIM EASEMENT JOB 1618 PLEASANT HILL AREA <8 Centr" Contra Costa Sanital District . BOARD OF DIRECTORS PAGE 1 OF 1 POSITION PAPER BOARD MEETING OF October 17, 1985 NO. V. . CONSENT CALENDAR 5 SUBJECT ESTABLISH NOVEMBER 7, 1985, AS THE DATE FOR A PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE COMPILING AND CODIFYING THE EXISTING ORDINANCES OF THE DISTRICT BY REFERENCE AS THE CENTRAL CONTRA COSTA SANITARY DISTRICT CODE DATE October 14, 1985 TYPE OF ACTION SET PUBLIC HEARING SUBMITTED BY JOYCE E. McMILLAN SECRETARY OF THE DISTRICT INITIATING DEPT./DIV. ADMINISTRATIVE ISSUE: Prior to adoption of the compilation and codification of the existing ordinances of the District as the Central Contra Costa Sanitary District Code, Government Code Section 50022.3 requires that a public hearing be conducted. BACKGROUND: The draft compilation and codification of the existing ordinances of the District as reviewed by the management team and former District Counsel was approved by the Board of Directors on June 6, 1985, and submitted to Book Publishing Company for printing. The completed District Code has been received, distributed to the Board for review, and is on file in the office of the Secretary of the District and is open to public inspection. RECOMMENDATION: Establish a public hearing date of November 7, 1985, to consider adoption of an ordinance compiling and codifying the existing ordinances of the District by reference as the Central Contra Costa Sanitary District Code and direct the Secretary of the District to publish notice of the time and place of the public hearing. REVIEWED AND RECOMMENDED FOR BOARD ACTION 1302A..9/85 INITIATING DEPT./DIV. "-~~.__"....."_____,-"-"""--=--,-,,,_,,-~,_'>.,".~--........__~___~~,.._.._.."..._~. _._...... ~_,_. ____,__.~_,_._.h_....,.,,_..__,,"_,__~,.~._,_"_.____.. .." .~..".....-_"~._.__ . Centr" Contra Costa Sanital District BOARD OF DIRECTORS PAGE 1 OF 4 POSITION PAPER BOARD MEETING OF October 17, 1985 NO. ADOPTION OF DISTRICT BOARD MEETING PROCEDURES AND NEW FORMAT FOR DISTRICT BOARD MEETING AGENDA VI. ADMINISTRATIVE 1 DATE October 9, 1985 TYPE OF ACTION SUBJECT ADOPT PROCEDURE AND FORMAT SUBMITTED BY Joyce E. McMillan Secretary of the District INITIATING DEPT.lDIV. Administrative ISSUE: At the request of President Boneysteele, a committee including John Clausen, Jim Hazard, Kent Alm, Paul Morsen, and Joyce McMillan met to consider development of formal ized procedures to provide the opportunity for public input while furthering the efficient and orderly conduct of District Board meetings. BACKGROUND: Pertinent code sections were reviewed. The California Public Meeting Law commonly known as the Ralph M. Brown Act states: "All meetings of the legislative body of a public agency shall be open and publ ic, and all persons shall be permitted to attend any meeti ng of the legislative body of a local agency." With few exceptions, the local agency meetings referred to under the Brown Act are meeti ngs where three or more Board members are present. There are no explicit laws governing how local agency meetings are to be conducted or providing specific rules of order for the governing of the local agency meetings. Under the Brown Act the audience has a right to attend all public Board meetings. An agency can employ any procedures which do not vi 01 ate the Brown Act or the ri ght of full participation of its elected members even when a member's views may be a minority opinion. While audience participation is of assistance to the Board in implementing the public will, the law does not require audience participation in the meeting regarding every topic on the agenda except in the instance of a public hearing. Thirteen state and local agencies, including the State Water Resources Control Board, East Bay Municipal Utility District, the Board of Supervisors, and several cities, were surveyed to determine the procedure used by elected officials in each jurisdiction to accommodate public input at public meetings. Of the thirteen agencies surveyed, ten have provision for publ ic comments or a public forum, and three accept written correspondence but public comments are limited to public hearings. In most cases, the agencies surveyed have only understood or unwritten rul es concerni ng conduct of meeti ngs. Generally, public comments are received at the discretion of the Chair. In considering a draft revision of CCCSD policy or procedure, it was of paramount importance to the Committee that the recommended policy be one that coul d be fai rly and equitably appl ied to all members of the publ ic. After reviewing the applicable statutes and the results of the survey conducted, the Committee makes the recommendations that follow. REVIEWED AND RECOMMENDED FOR BOARD ACTION 1302A.9/85 PM JH ~ INITIATING DEPT.lDIV. SUBJECT ADOPTION OF DISTRICT BOARD MEETING PROCEDURES AND NEW FORMAT FOR DISTRICT BOARD MEETING AGENDA POSITION PAPER PAGE DATE 2 OF 4 October 9, 1985 RECOM~NDATION : 1) As required by law, at all public hearings members of the public be afforded a reasonable opportunity to be heard. Those in favor of the item on the agenda shall speak first and those opposed second. If the publ ic hearing is an application, the applicant shall have a right of rebuttal. 2) Written correspondence be listed under "Correspondence" on the District Board agenda. The statement that appears at the top of the agenda shoul d be modified to read: "In order to give the Board and staff sufficient time to gather all available facts, members of the public wishing to discuss or present a matter(s) other than on this agenda, are requested to present the subject in writing to the Secretary of the District at least one week prior to a regular Board Meeting date." Public comments at the Board meeting shall be 1 imited to five minutes per persons requesti ng an opportunity to address the Boa rd. 3) A new item e!1titl ed "Publ ic Comments" be added to the Di strict Board agenda immediately following "Roll Call" together with the parenthetical note: "With the exception of any public hearing listed, the public may comment on any item on this agenda at this time, prior to the Board's deliberation." Every speaker's comments shall be limited to five minutes per person. 4) The attached resolution be adopted establishing the new order of business for District Board meetings. a....._______. 13028-9/85 RESOLUTION NO. 85- A RESOLUTION ESTABLISHING NEW ORDER OF BUSINESS FOR DISTRICT BOARD MEETINGS The Board of Directors of the Central Contra Costa Sanitary District does hereby resolve as follows: WHEREAS, Ordinance No. 143, relating to order of business for District Board meetings, ordained that the order of business at District Board meetings shall be established by resolution of the Board of Directors and may be changed from time to time by resolution of the Board of Directors. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary District that Resolution No. 81-203, Establishing Order of Business, be rescinded and that henceforth until further resol ve on this matter the various items of business to be considered at each meeting of the Board of Directors shall be grouped under the following agenda business headings and in the order listed: ROLL CALL PUBLIC COMMENTS APPROVAL OF MINUTES APPROVAL OF EXPENDITURES HEARINGS BIDS AND AWARDS CONSENT CALENDAR ADMINISTRATIVE ENGINEERING TREATMENT PLANT COLLECTION SYSTEM BUDGET AND FINANCE LEGAL/LITIGATION SOLID WASTE REAL PROPERTY PERSONNEL CORRESPONDENCE ITEMS LATE FOR THE AGENDA REPORTS MATTERS FROM THE BOARD NOT ON THE AGENDA CLOSED SESSION (AS REQUIRED) ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION ADJ OURNMENT All subjects and/or materials requested to be considered by the Board shall be presented to the Secretary of the District in written form and such subjects and/or materials shall be subject to review by staff and/or Board Committee, possi bl y with appl icant, pri or to pl acement on the agenda. Agenda busi ness headi ngs under which there are no matters to be considered at a particular meeting may not appear on the agenda for that meeting. The Board of Di rectors may at any meeti ng, consi der any item of business out of order. This resolution shall become effective as of November 1, 1985. PASSED AND ADOPTED THIS 17th day of October, 1985, by the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California Approved as to Form: . Centr" Contra Costa Sanital District BOARD OF DIRECTORS PAGE 1 OF 1 POSITION PAPER BOARD MEETING OF October 17, 1985 NO.VIII. LEGAL/LITIGATION 1 SUBJECT DATE October 9, 1985 REQUEST TO INCREASE THE AUTHORIZED EXPENDITURE LEVEL FOR THE DISTRICT LEGAL SERVICES TYPE OF ACTION INCREASE EXPENDITURE AUTHORIZATION LEVEL SUBMITTED BY Jack E. Campbell INITIATING DEPT.lDIV. Administrative ISSUE: Board approval is necessary to increase the amount authorized for the District's claims and litigation services. BACKGROUND: The Di strict Board monitors the Di strict's cl aims and 1 itigati on activity through a process of authorizing an expenditure level for the overall District case load. The cases are reviewed by the Board periodically as to their current status along with the action pl an which is being recommended for the immediate future. The plan is translated into a new estimated expenditure level, approval from the Board is requested, and the Di strict staff uses thi s as the authorization to obtain the required legal and consultant services. The last request for an increased authorization level was made and approved on July 11, 1985, in the amount of $269,273; the one before that was on January 17, 1985, for $345,233. The expenditures through December 31, 1985, are estimated to require increasing the authorized expenditure level by $171,400 combined in proj ect and O&M funds. The staff will meet with the Board in closed session to provide further information concerning the District's open cases. RECOMMENDATION: Authorize an increase to the expenditure level for legal services for O&M and Project-related cases in the amount of $171,400. REVIEWED AND RECOMMENDED FOR BOARD ACTION IA(ZPT.lDIV. 1302A. JEC PM . Centr" Contra Costa Sanital. District BOARD OF DIRECTORS PAGE 1 OF 3 POSITION PAPER BOARD MEETING OF N01X. REAL PROPERTY 1 SUBJECT DATE APPROVE GRANT OF EASEM:NT AND PURa-lASE PGREEMENT WITH CONTRA OOSTA OOUNTY FOR QEAA ZONE (AVIGATION) EASEM:NT OVER DISTRICT-()lNED PROPERTY (FORM:RL Y KIEWIT) TYPE OF ACTION APPROVE AND EXEClITE GRANT OF EASEtJfNT SUBMITTED BY INITIATING DEPT./DIV. ISSUE: Approval fran the Di strict Board of Di rectors is requi red to grant the subject clear zone easement to Contra Costa County. ~ACKGROUND: Contra Costa County ONns and operates Buchanan Fi el d ai rport subj ect to the rules and regulations of the Federal Aviation Administration (FAA). The FAA has made the requirement that the County must obtain an avigation easement for the northern aircraft glide path of Buchanan Field. The District purchased the Kiewit property in January, 1981. Prior to our purchase, the County had begun negoti ati ons with Peter Ki ew it and sons for the acquisition of an avigation easement. Negotiations between the District and the County have taken place over the past two years regarding the avigation easement. Duri ng these negoti ati ons Di stri ct staff expl ai ned to the County that Central Contra Costa Sanitary District is concerned about any restrictions which would affect future development of the si tee The County stated that the av i gati on easement includes only those restrictions which have been imposed by the FAA. The County also stated that they have the power to condemn for the easement and would be forced to if we coul d not mutually agree on the terms and conditions of the avigation easement. The conditions of the proposed easement are as follONS: 1. The County will pay Central Contra Costa Sanitary District $11,000 for the easement. 2. The easement consists of two parcels which affect the southern half of the District's property as shONn on the attached map. 3. The height of structures in the easement areas are limited to 25 feet at the southern property line and increasing to 45 feet at the northern limit of the easements. The easement includes the right to remove any portion of a structure which may encroach above these 1 imits and al so includes the right to trim trees which encroach into the easement. 4. The right to use air space for landing and taking off and to create such noise as is inherent in such operations is established. REVIEWED AND RECOMMENDED FOR BOARD ACTION 1302A.9/85 DH JMc RAB INITIATING DEPT./DIV. JW fI/J1 MfJ SUBJECT APPROVE GRANT OF EASEMENT AND PURCHASE AGREEMENT WITH CONTRA COSTRA COUNTY FOR CLEAR ZONE (AVIGATION) EASEMENT OVER DISTRICT-OWNED PROPERTY (FORMERLY KIEWIT) POSITION PAPER PAGE 2 OF DATE 3 October 8, 1985 District staff would prefer to have no restrictions on the Kiewit property, but recognizes that the above conditi ons are probably inev itabl e. As far as can be determined at this time, the avigation easement restrictions are not incanpatible with possible future uses of the property (e.g. wastewater treatment facilities). During negotiations the County indicated that the Airport Land Use Canmission may impose further restrictions on the use of this property in the future. District staff has made it clear that Central Contra Costa Sanitary District would resist any attempt to further restrict use of the site. RECOMMENDATION: Approve Grant of Easement and Purchase Agreement, authorize the Presi dent of the Di strict Board of Di rectors and the Secretary of the Di strict to execute sai d Grant of Easement, and authorize the Grant of Easement to be del ivered to Contra Costa County for their execution and recording. --------.. 13028-9/85 WALNu-r B F T .... _ ~2!llt--l - .._-- .- _.-.1 MO~' . . . --- .. ..--....- .- ~..-... . ~.. .-... - -- - - -- . . - c '--110 ---- ,-. p-..-- ~_..-.__._-_. -- --.T-------.- -:-u. - ~ I .. --- - . -- .' -. . : -lID -. -:. _olD : .-tOO ; .-to --. I .,;- ":. eo;- : 10 ,-- -: -10 0...._.0 -:- .10 ~- '=W- .aCI - OIl"'" f/I _ _TllUCflIlIt .. .. _IL I. IIO.~. i'mH"~F DR . ,__~~Wy 4 0_ .JA:._.i..--------~- ---------__. ," i .. \f'- .. _ --------.-" .----j: III IIIClUIG __ -.cerlD "llTl. Lilli I4-L -40 O' -10 _o'-f~ ID 70- II ILIV&TtONS AAI -70 111.&111 SCa ,,(.,lL 40 ....._ OII_ 01 ..., oasr"".... _'Ll. .-to to .o. . -10 -40 10-.. ....ION..... ... , U ~~~~ '~~.'.......!""'" -- '" .. -.... ,.,.. ..........~ "I."f..., ..... &LOttCi HIOJICf'O e''''I'' UIII '4.. -~ GRANT AVIGATION EASEMENT TO CONTRA COSTA COUNTY MARTI NEZ AREA JO- ..-Ill ~..' '.-. - . Centr" Contra Costa Sanital . BOARD OF DIRECTORS District POSITION PAPER BOARD MEETING OF October 17. 1985 PAGE 1 OF 2 NO. I X. REAL PROPERTY 2 SUBJECT DATE October 9. 1985 TYPE OF ACTION APPROVE THE LEASING OF DISTRICT PROPERTY PARCEL C.2. APPROXIMATELY 7 ACRES. TO COUNTY QUARRY PRODUCTS APPROVE LEASE SUBMITTED BY INITIATING DEPT./DIV. Paul Morsen. Deputy General Manager Administrative Department ISSUE: Board approval is required to lease certain real property in accordance with District Ordinance No. 154. BACKGROUND: The Board rejected the initial bids on this parcel (see Attachment I) at the November 15. 1984. Board meeti ng. The staff had recommended the rejection of bids because the econanic return of $7.00 per month was not sufficient to warrant the work required to administer the lease. However. the District's property team continued to pursue leasing of this parcel. if the District could derive certain benefits such as: o Econanic return o Reduction of District maintenance costs o First tier of liability covered by lessee o Use of property in the public interest Requests for bids were publicly advertised on September 16. 1985. Two bids were received with the non-negotiated amounts being: o County Quarry Products ..... $1.000.00 per month o R.A. Lobaugh ............... 7.00 per month An eval uati on was conducted by staff which shows that both bi dders were responsive to the bid request and that County Quarry Products' (CQP) bid will produce the greatest economic return to the District. COP has stated that the parcel will be used for recycling of asphalt and concrete. Staff has met with the owner to discuss the operation of the plant, and the lease will include mandatory provisions that the plant will meet all environmental concerns. District's right to terminate, and a facilities clean-up guarantee in the form of a performance bond by a surety company in an amount suffi ci ent to remove all materials from the District's property. Since the plant's purpose is to recycl e used materi al s for further use, and thereby reduce the material disposed of in landfills. this use is in concert with the District's recycling interests. RECOMMENDATION: Approve entering into a lease for District's Parcel C.2 with County Quarry Products. REVIEWED AND RECOMMENDED FOR BOARD ACTION ~ {Jer PM KL JC WG .. I. .:0 ;J' 40 . , . ~ ( S...." ... ~... . N .0 "', .;J w ~ il ~ -... 4 ..,.. .'. "~~ a. '\. ... ~ , . ..... \ ;J \ · r\"t, ~ '" .. . 'I ~ .....'" ., ~ ~,. ,I ' it . ' , \~ , i \, ,~~ , .. t . \ g. 'Qc '.'\ r:. "'ii-llO' t- o. ~ 5 :s S I. ~, ~". \ <l =o3iG' .,. ~.~'~ ~~~gl.l~ II. .#cJ~'" 2g~ .,' ~.~ Ll.Ju~;:) ~ 'z I. -".,.. "';',,) iiI :z :a~ .. 0 ..' ",. ~"'''8~i;i. · I <l j ~!~ ~ ~ f; I ',' , · '.i- 0 ~ ' '. 0.; aID o~ ,"' ii sll" .... , #" '.J.. ~ I ,'at: ~ _~ :::>> '-0 .... ' ! .. c.., ~ ~ !( j,. ..' ,"10 j , ..... 4', ... . . . r 'eA- r .fI . .. , - e' ... . !... -. " . , . ' . . .. .' . . ' . . . .. ,,' ., . . , . . . ~ ;i=f 'li~1 Il:" .,,1 . ,. AI! 10 ~ I. ~I.i II i ,~ 'j' Ii : . "r 'I ), Jill ~;1 ltil ill Ihi Ik . . fullil- , , , , 4 , - . . '&) . . '.J ~'I" " U i . :r A. . . , , " . f , , .' , , " ~. . ~ II c. I; " . , " eo .. ~ '! . . .: .' 'I. , . " ~ 1 . " ,- I. e: t, ", , . " - ..-- z: LIJ :E :r u < ..-- '..-- < . , , . .. . I ~ , z. J : ,I f I ~ ' 'I S I I ;. 'I f- I' ; "/1 ~ ','. ~ ~~ " .. . I .~ " .~ : .'. .. Z" ~ ..l. . .,,3rt;,. . Centr" Contra Costa Sanital.. District BOARD OF DIRECTORS r PAGE 1 OF e POSITION P APE R I BOARD MEETING OF October 17, 1985 NO. SUBJECT x. ITEMS LATE 1 DATE October 17, 1985 QUITQAIM SEWER EASE~NT, JOB 3896, /t.OO AREA TYPE OF ACTION APPROVE QUITQAIM OF EASEtlfNT SUBMITTED BY Dennis Hall, Associate Engineer INITIATING DEPT./DIV. Engineering Dept/Construction Div ISSUE: Brian D. Thiessen, et ux, OIfners of Parcels C and 0 of Minor Subdivision 102 P.M.3, have requested the District to quitclaim the unused portions of the public sewer easement within their property. BACKGROUND: The subject easements were dedicated to this District when the minor subdivision map was filed in 1982. District staff has determined that the subject easement is not requi red for present or future District use. There are two existing sewer easements which will remain that can adequately serve the property located south of the Thiessen's property. RECOMMENDATION: Approve Quitcl aim Deed to Brian D. Thiessen, et ux, Job 3896, I authorize the Presi dent of the Di strict Board of Di rectors and the Secretary of the District to execute said Quitclaim Deed, and authorize the Quitclaim Deed to be recorded. REVIEWED AND RECOMMENDED FOR BOARD ACT/ON INITIATING DEPT./DIV. 1302/1.9/85 wGr fro,. 'D H DH j/dl JSM 17fJE RAB GEN. MGR./CHIEF ENG. 11ftB ft./2 t? j ~ ROGER J. DOLAN .-------.-.-----.-.-.-___,__."__.___~,__.__,~__..__."'_'_,.____..._H____..__._._______.___._,_~_____ I P58923L I P68187H I i I 9 8 . ~ a1 P58923L P58923L P58923L P"l'!J60" P683"ll Pl'I"86H " /O.s.S.E,. 7'7J ~MI4JN PM h...q"ls.e. T't1 ~ ~ QUITCLAIM EASEMENT JOB 3896 ALAMO AREA