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Home My WebLink AboutAGENDA BACKUP 02-04-88 . Centra~ ~ontra Costa Sanitary ..Jistrict BOARD OF DIRECTORS PAGE 1 OF 31 POSITION PAPER BOARD MEETING OF February 4, 1988 NO. IV. HEARINGS 1 SUBJECT HOlD A PUBLIC HEARING, AND IF APPROPRIATE ADOPT A RESOlU- TION OF NECESSITY AND AUTHORIZE $1,200,000 FROM THE SEWER CONSTRUCTION FUND FOR AOlUIRING THE PROPERTY, ASSESSORS PARCEL NO. 159-140-042, LAGISS PROPERTY, BY EMINENT DOMAIN FOR A TREATMENT PLANT BUFFER ZONE, PROJ ECT 20065 DATE January 25, 1988 TYPE OF ACTION CONDUCT PUBL IC HEAR- ING, ADOPT RESOLUTION AUTHORIZE FUNDS SUBMITTED BY INITIATING DEPT.lDIV. Paul Morsen, Deputy General Manager Administrative ISSUE: A publ ic hearing must be conducted and a resol ution of necessity must be adopted (Attachment 1) prior to initiating acquisition of property by eminent domain. Also, Board authorization is required to expend funds from the Sewer Construction Fund. BAa<GROUt<<>: The District has identified the need to provide a buffer zone around the perimeter of the wastewater treatment pl ant. The treatment pl ant is an industrial type facil ity subj ect to changi ng regul atory requi rements. In order to minimize environmental conflicts and to protect neighboring land uses, the District has purchased property surrounding the treatment plant to provide an adequate buffer zone. On August 20, 1987 the Board authorized $49,500 from the Sewer Construction Fund for the acquisition costs for Parcel 42, Assessor's Map Book 159, page 14, also known as the Lagiss property. The Lagiss property a 48.96 acre parcel at the north end of Blum Road in Martinez, is proposed to be acquired for the purpose of providing a buffer zone between the treatment plant's wet weather holding basins and development to the west (Attachment 2). The basi ns are util ized during wet weather events. Odors are associated with sewage storage in the basins and are also produced when the basi ns are drai ned. The net effect of the wet weather capacity improvement project to be constructed this summer (1988) will be to 1 imit odors overall, although the proximity of the Lagiss property to Basins Band C may lead to higher perceptions of odors at this site. The immediate public need for the acquisition of the Lagiss property is to prevent future development of the parcel that would limit the District's abil ity to fully util ize the wet weather capacity of the treatment plant which includes the wet weather holding basins. Since there are no alternative locations available for wet weather basins at this time, and elimination of the need for wet weather basins by treatment plant improvements would be prohibitively expensive, the buffer zone is required to limit the impact of potential nuisance on adjacent property owners and tenants. On October 1, 1987 the Board adopted Resolution No. 87-177, a resolution adopting a Negative Declaration for the Acquisition of the Lagiss Property fora Treatment Plant Buffer Zone Project, and a "Notice of Determination" (Attachment 3) was filed on October 2, 1987, thereby complying with the District's CEQA guidelines. REVIEWED AND RECOMMENDED FOR BOARD ACTION ,R~G. ROGER J. DOLAN SUBJECT HCl.D A PUBLIC HEARING, AND IF APPROPRIATE ADOPT A RESOLU- TION OF NECESSITY AND AUTHORIZE $1,200,000 FROM THE SEWER CONSTRUCTION FUND FOR AOlUIRING THE PROPERTY, ASSESSORS PARCEL NO.159-140-042, LAGISS PROPERTY, BY EMINENT DOMAIN FOR A TREATMENT PLANT BUFFER ZONE, PROJ ECT 20065 POSITION PAPER PAGE 2 DATE February 4, 1988 OF ~1 On December 11, 1987, Mr. Donald C. Gardner, the District's Right-of Way-Agent, sent the District's offer of $1,200,000 to the owners of record. Also, included in Mr. Gardner's letter was a "Statement of the Bases for Determination of Just Compensation" for their information (Attachment 4), On December 14, 1987, Mr. Gardner called and talked to Mr. Anthony Lagiss to confirm that the District's offer had been received. Mr. Lagi ss stated that he had received the offer, that the property was not for sale, and that Mr. Gardner should not call him again. Attached for the Board's review and consideration are copies of correspondence received from Mr. Anthony Lagiss and the District's responses. (Attachment 5) Prior to initiating condemnation, the District must conduct a publ ic hearing to receive input from the property owners and other affected interests. On January 7, 1988 the Board set a public hearing on February 4, 1988, for the purpose of initiating acquisition of the necessary real property, Lagiss Property, by eminent domain for the District Project 20065. District staff on January 8, 1988 notified by mail the property owners and the adjacent property owners of the public hearing. RECXM4ENDATION: 1. Conduct a public hearing to receive input from the property owners and other affected interests regarding parcel 159-140-042. 2. Find that the positions of The District Staff, as presented at this February 4, 1988 hearing and as set forth in the correspondence contained in Attachment 5, has appropriately addressed the issues raised by Mr. Lagiss at this hearing and as contained in his correspondence contained in Attachment 5. 3. Adopt the attached resolution of necessity to acquire the real Assessor's Parcel No. 159-140-142, Lagiss Property, by eminent (Attachment 1) p rope rty , domai n. 4. Authorize $1,200,000 from the Sewer Construction Fund. TABLE OF CONTENTS ATTAOiMENT I A TT AOiMENT II A TT AOiMENT I I I ATT AOiMENT IV ATTAOiMENT V Resolution of Necessity (4 pages) Map of Properties (1 Page) Declaration and Determination (2 pages) Statement of the Bases for Determination (4 pages) Lagiss Correspondence and Attachments (18 pages) -------. 13028-9/85 RESa..UTION NO. A RESa..UTION OF NECESSITY AUTHORIZING THE ACQUISITION OF REAl.. PROPERTY FOR TREATMENT PlANT BUFFER ZONE WHEREAS, pursuant to Health and Safety Code Sections 651? and 6514, and Part 3 Title 7, of the Code of Civil Procedure, the Central Contra Costa Sanitary District is empowered to acquire property for public use, to wit, treatment plant buffer zone. WHEREAS, the Central Contra Costa Sanitary District has identified the need to acqui re the property, assessors Parcel No. 159-140-042, particularly described in Exhibit nAil attached hereto for said purposes. Said properly is located within an unincorporated area of the County of Contra Costa. WHEREAS, on the 8th day of January, 1988, the Secretary of the District gave notice required by law of the hearing on this Resolution. WHEREAS, written request to appear and be heard were received from: WHEREAS, due consideration of all oral and documentary evidence has been taken. NOW, THEREFORE, the Board of Directors of the Central Contra Costa Sanitary District, by a vote of at least two-thirds of its members, does FIND AND RESa..VE as follows: 1. The public interest and necessity require the project for which said property is to be acquired. 2. The proposed project is planned and located in the manner which will be most compatible with the greatest public good and the least private injury; 3. Said property is necessary for the proposed project; and 4. The offer required by section 7267.2 of the California Government Code has been made to the owner of record. BE IT FURTHER RESa..VED THAT: The Counsel for the Central Contra Costa Sanitary District, James L. Hazard, andspeci al Counsel ,Gary R. Rinehart are hereby authorized and empowered: To acquire in the District's name the property by condemnation; Attachment 1; Page 1 of 4 Pages To prepare and prosecute in the District's name such proceedings in the proper court as are necessary for such acquisition; and To deposit the probable amount of compensation, based on an appraisal, and to apply to said court for an order penmitting the District to acquire the property for said public uses and purposes. PASSED AND ADOPTED this 4th day of February, 1988, by the District Board of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members: .aBSENT: Members: President of the District Board of the 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 fonm: District Counsel Attachment 1; Page 2 of 4 Pages EXHmrr ^ Those parcels of land in the unincorporated area of the County of Contra Costa, State of California, described as follows: PARCEL ONE Portion of the Rancho Las Juntas and portion of Swamp and Overflow Land, described as follows: Beginning on the southeast line of the 19.188 acre parcel of land described as Parcel Two in the deed to Pacific Gas and Electric Company, recorded May 24, 1962, Book 4126, Official Records, page 320, at the most westerly corner of the parcel of 1 and described in the deed to Central Contra Costa Sanitary District, recorded July 7, 1970, Book 6165, Official Records, page 448; thence from said point of beginning southwesterly and northwesterly along the southeast and southwest lines of said 19.188 acres parcel to the southeast line of the right of way of the Atch i son, Topeka and Santa Fe Ra 11 way Company, bei ng the southeast line of the 4.88 acre parcel of land described in the deed to The San Francisco and San Joaquin Valley Railway Company, recorded February 18, 1899, Book 81, Deeds, page 344; thence southwesterly, northwesterly and southwesterly, along the southerly line of said right of way to the east line of the parcel of land described as Parcel Two in the deed to Roy E. Coats, et ux, recorded November 6, 1967, Book 5489, Offici a1 Records, page 92; thence southerly along said east line and along the northeast line of the parcel of land described as Parcel One in said deed to Coats, to the northwest corner of the parcel of land described as Parcel Three in said deed; thence easterly and southerly along the north and east lines of the last mentioned parcel to a south line of the parcel of land described as Parcel Thirty-two in the Notice of Pendency of Action entitled Frances L. Burrell, et a1, plaintiffs vs. Allied Properties, defendant, recorded June 12, 1959, Book 3391, Official Records, page 365; thence easterly along said south 1 ine to a west 1 ine of said Parcel Thirty-two, being the east line of the road know as Blum Road, formerly Warehouse Road; thence southerly along said road, to the north 1 ine of the tract of land designated on the map of Helmond Shepard Tract filed June 20, 1946, Map Book 29, page 49; thence easterly along said north 1i ne of the northeast corner of said He1 mond Shepard Tract, bei ng the northwest corner of the 79.06 acre parcel described in said deed to Central Contra Costa Sanitary District, recorded July 26, 1967, Book 5418, Official Records, page 311; thence easterly along the north line of said 79.06 acre parcel to the southwest line of the Central Contra Costa . Sanitary District parcel first above referred to, 6165 OR 448; thence northwesterly along said southwest line to the point of beginning. Attachment 1; Page 3 of 4 Pages PARCEL lWO "A non-excl usive easement for a roadway for veh icl es, pedostrians and animal s and for oil, water, gas, power and sewer 1 ines or other util ities" created in reference to the premises in the deed to Central Contra Costa Sanitary District, recorded July 7, 1970, Book 6165, Official Records, page 448 over a portion of the Rancho Las Juntas and over a portion of Swamp and Overflow Land being over a strip ~f land 50 feet in width the center line of which is "parallel with and located twenty-five feet easterly from the westerly boundary lines" of the parcel of land described in said deed to Central Contra Costa Sanitary District. Attachment 1; Page 4 of 4 Pages L."" :E: 0::: ct: u.. ~ z ct: t- :E: :::> 1LI ....J o 0::: t- 1LI a.. (/) Cll III J: CO _ J: ?: () - .. E 0 CI) III ~ g. 25 ~ ........ 0 Cl.. -,:, ..... -,:, ~ ~ CI) ~ CIl C ~ i 0;S ~.! o >0= 0(5 a;0 ?: c:; -CI) cCl) 0;: Cll-,:, ~-,:, i ~Cll OCll -~ii >- t- o::: 1LI . a.. t-o . 0::: .... a.. t...J ....J :::....J ~~ Attachment 2 RESa..UTION NO. 87-177 A Resolution Adopting a Negative Declaration for the Acquisition of the Lagiss Property for a Treatment Plant Buffer Zone Project WHEREAS, the project upon which this determination is made is described as follows: The proposed project consists of acquiring a 48.96 acre parc~l owned by Anthony Lagiss to provide a buffer zone between the treatment plant's wet weather holding basin and property to the west. WHEREAS, an initial study of the proposed project has been conducted by Earth Metrics, Inc., an environmental and planning consulting firm. WHEREAS, District staff finds that the initial study adequately, accurately, and objectively evaluated the proposed effect on the envi ronment. WHEREAS, adequate publ ic notice was given to receive canments on the project. WHEREAS, the District Board of Directors has reviewed the results of the initial study and determined that the project wnl not have significant effect on the environment. c. NOW, THEREFORE, be it resolved that the Board of Directors of the Central Contra Costa Sanitary District does hereby adopt the Negative Declaration for the acquisition of the Lagiss property for a treatment plant buffer zone. PASSED AND ADOPTED by the Central Contra Costa Sanitary District Board of Directors this 1st day of October, 1987, by the following vote: . AYES: NOES: ABSENT: Members: Boneysteele, Mc~gLt~~ Carlson, Clau n Members: None // . . ./ Members: Dalton (~,,~, / J. .~. ..~ President of the District Board of the Cen~ral Contra Costa Sanitary District, Gounty of Contra Costa, State of California COUNTERSIGNED: ,~,t.. &. hll uL Q/v"- $ r ary of the . ntral Contra Costa Sanitary District, County of Contra Cost, State of Calffornfa ~ Attachment 3; Page 1 of 2 Pages NOTICE OF m:fERMINATION : Responsible Agency: Central Contra Costa Sanitary Distr1"ct, 5019 Imhoff P1 ace, Martinez, CA 94553 Name of Project: Acquisition of the Lagiss property for the treatment plant buffer zone. Location of Project: East of Interstate 680 near the northern end of Blum Road. (Assessor's Parcel No. 159-140-042) Description of Property: The District is proposing to acquire the parcel described above for a buffer zone for its wastewater treatment plant. Lynne I. Bunker Contact Person 415 Area Code 689-3890 Phone 328 Extension The Board of Directors of the Central Contra Costa Sanitary District, on October 1, 1987, determined that the project will not have a significant effect on the environment and on October 1, 1987, determined to approve the above proj act. A Negative Decl aration has been prepared pursuant to the provisions of the California Environmental Quality Act of 1970, as amended. Date: fJd 7,lf!7 u t. IYJ oy E. McMillan, Secretary Cent 1 Contra Costa Sanitary District lFU [115 UD OCT :~ 7987 'R ~IS~- , ..\. v_~":. ',: r.f'II"1+' rl^ k C~~r."T' , :.:- . -:".;'.",> l..s:;: -",; . . .~.~ U}/I - ~ '~ Attachment 3; Page 2 of 2 Pages - -.r lX, ~ I(.; ~ 0"- 2:>> DONALD C. GARDNER ASSOCIATES DEe 14 1987 C'('('c:n REAl. F.STATF. CONSUI.TANTS ~ p^~~S . APPRAISALS . BROKERAGE 130 LASSEN DRiVE . SAN BRUNO. CALIFORNIA 94066 . (415) 871~266 December 11, 1987 Western Title Insurance Company 1401 North Broadway Walnut Creek, California 94596 Attention: Mr. Al Gillespi Re: AP No. 159-140-042 Gentlemen: I have been retained as a Right-of-Way-Agent by the Central Contra Costa Sanitary District in connection with the acquisition of the above referenced parcel (Lagiss) needed for the Treatment Plant buffer zone. The District has had an appraisal made of this property by Mr. Robert Foley, an independent appraiser. Mr. Foley's appraisal is in the amount of $1,200,000.00. This letter is an offer by the Contra Costa Sanitary District to purchase said property at this appraisal figure of $1,200,000.00. A "Statement of the Bases for Determination of Just Compensation" is inclosed for your information. I would be happy to review Mr. Foley's appraisal with you or Mr. Lagiss. If you have any questions concerning the above, please contact me at (415) 871-4266. Very truly yours, DONALD C. GARDNER ASSOCIATES ~--7A- Q ~c.-~a;dn~,~, CA-C DCG:bg Enclosure cc: Anthony Lagiss cc: Contra Costa Sanitary District Attachment 4; Page 1 of 4 Pages .. ~ ~ Central Contra Costa Sanitary District SOJ9lmhoJll'lace, . Martlnu, COlJJomla 94553" . "', ". : .1 . :. .... . '(416) 'SNS90 December 11, 1987 IfOCielf I. DO/.I\.N (#<,.,.,., ,.,.,...~, CA',., C"I'n~r' IIlAlr.S I. llI".I\.lln C.II,.~d I~r ,It,. 1)I"rl(" IOU, ,J../OJO IOI'ee r.. AlcAl/lI.1\.N S~t"lc''''T n( .he Vb',ld TO: Western Title Insurance Company 1401 North Broadway Walnut Creek, California 94596 Attention: Mr. Al Gillespi SUBJECT: STATEMENT OF THE BASIS FOR DETERMINATION OF JUST COMPENSATION; PARCEL NO. 159-140-042 Dear Gentlemen: This letter is a statement of the basis for determination of just compensation. At the time the District makes you an offer to pur- chase your property, we are required to give you this statement. Legal description of property sought to be acquired by the Central Contra Costa Sanitary District. The property sought to be acquired by the District is described in the attached Exhibit "A". Location identification of property sought to be Acquired by the District. Adjoins 4450 Blum Road, Martinez, CA Interest in property sought to be acquired by the District. Fee Inventory of property sought to be acquired by the District. Perimeter wire fencing and a wooden corral fenced area It is assumed that all of the above items are the property of the' owner of record and that any tenant or lessee residing on the prop- erty has no interest in said property. If this is not the case, you are required to le t the District' know immed ia tely. Attachment 4; Page 2 of 4 Pages -2- II ::~ < (- Amount,of offer by the be acquired: District f2r the property sought to The District offer for the property sought to be acquired is: ~1,200,000.00. The amount of the District offer is the full amount believed by the District to be just compensation for the property. The above amount is not less than the approved appraisal of the fair market value of the property as determined on the basis of the appraisal. The above amount disregards any decrease or increase in the fair market value caused by the project for which the property is to be' acquired or by the likelihood that the property is to be acquired for such project, other than that due to physical deterioration within the reasonable control of the owner. The above offer does not reflect any consideration of or allowance for any relocation assistance and payment which the owner is entitled to receive or of the District's agreement to pay certain settlement costs. The recognized definition of the term "fair market value" is as fol- lows: "The fair market value of the property is the highest price on the" date of valuation that would be agreed to by seller, being willing to sell, but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available.'" Explanation of appraisal techniques. The appraiser has relied primarily on the market data approach for the land area being acquired and the replacement cost approach fo~ improvements being acquired. The market data approach is based on a comparison of your property with similar types of property which have recently sold in the open market. The replacement cost approach is based on the cos t of replacing any improvemen ts the District is buy- ing at present cost less an allowance for physical depreciation. Apportionment of compensation. Fair market value of property sought to be acquired: $ 1,200,000.00 Damages (if any) to remaining property: $ Very truly yours, 0.00 ~~Agent D. C. Gardner Attachment 4; Page 3 of 4 Pages ~ . EXHIBIT "A" ~ Those oarce1s c land in the unincorporat~ area of thc County~of Contra' Cost~, State of California, described as tollo\ols: PARCEL ONE Portion of the Rancho Las Juntas and portion of Swamp and Overflow Land, described as follows: Beginning on the southeast line of the 19.188 acre parcel of land described as Parcel Two in the deed to Pacific Gas and Elcctric . -Company, recorded May 2~, 19~2, Book ~1~6, Official Records, page 320, at the most westerly corner of the parcel of land 9cscribed in the deed to Central Contra Costa San1ta~y Dis~r1ct, recorded July 1, 1910, Book. 6165, Off1cial Records, page ~48; thence from said point of beginning southwesterly and northwesterly along the southeast and southwest lines of said 19.188 acre oarce1 to the southeast line of the right of "lay of the Atchison, Topel{a and Santa Fe Rail,.,ay Com~any"being th~ southeas~ line of,the' 4.88 acre parcel of land described in the deed to The San Francisco and San Joaquin Valley Ra11'''.ay Company, 'recorded Februa.ry 18, 1899, Book 81, Deeds, page 31'4; thence south,,,esterly, north,,,es terly and south'1es terly. along the southerly line of said right of way to ~he east line of the . parcel of land descri~e4 as Parcel Two in the deed to'Roy E: Coat~, et UX, re'corded November 6, 19'67, Book 5~89, Official Records~ page 92; thence souther~y' along, said east line and along the-northeas~ line of the parcel of land described as ~arcel One in said dced to Coats, to the ~orthwest co~ner of the parcel of land described as Parcel Three 1n said deed; thence easterly'and southerly alon~ the north and east lines of the ,last mentioned parcel to a south line of the par~el of land described a~ Parcel Thirty-two in the Notice of Pendency of Action entitled Frances L. Burrell, et al, pl~intirfs vs. Allied Properties, defendant, recorded June 12, 1959, Book 3391, Official Records, page 365; thence easterly along said south line to a west lin~ of ,said Parcel Thirty-two, being the east line of the .road kno\'l:1 as Blum Road, fo:'mer1y Harchouse Road; thence southerly along said road, to the north line of the tract of la~d designated on the map of Helmond Shepard Tract filed June 20, 19~6, Nap Book 29 ~ p~ee 1'9; thence easterly a10ne said north line of the .northeast corner of said Helm~nd Shepard Tract, bein~ the northwest corner of the 79.06 acrc oarccl described in said deed to Ccntral Contra C05ta Sanitary Dis~rict, recorded July 26, 1967, Dook 5~laJ Official Rccord~, page 311; thence ea~terly along the north line of said 79.06 acre parcel to the zouth,,;c5 t line of the Central Contr~ C05ta Sanitary Di~tr1ct parcel first above referred to, 6165 OR q~B; thence northwc~terly alone said southwc~t line to the point of bebinnin~. ~ PARCEL THO "A non-exclusive ea~eli1ent for a.road\'lay for vehicles" pedestrians and ani~als and for oil, water, Bas, power and sewer lines or other . utilitiesll created in reference to tl')c premises in the deed to Central Contra Costa Sanitary District, recorded July 7, 1970" Book 6165, Official Records" page '~1l8ovcr. a portion of the Rancho Las' Juntas and over. a portion of ~warnp and Overflow Land bein~ over a strip of land' 50 :feet in ''lidth the ce:1ter line of \'/h1ch is "parallel. \-lith and located t"Ienty-five feet easte~ly fron the \'Iesterly boundary lin~sll of. ~'he parcel of land described in said dced to Central Contra Costa Sanitary District. Attachment 4; Page 4 of 4 Pages / I cIInthon'l g. -CafJl~~ P. O. BOX 222 LAFA YElTE. CALIFORNIA 94549 PHONE (>115) 283-8500 Jan. 15, 1988 ~ ~ ~ ~ t".'1 !;' q"'\~ ...". """ ...... . "", U...-!'. JAH 1 'J 1988 OQ."1'1Il1 ~:r().:- "'"tV ('\r" ...~..c '''''~.'''''~1 Central Contra Costa ~an. Dist. 5019 Imhoff ~lace Martinez, Calif. 94553 Be: Assessor's parcel No. 159-140-042 (49 acres) I again protest and object to any actions that may lead to condemnation of the subject property. I have repeatedly requested your sending me any Feasibility Etudy clearly derining the specifics or your proposal, and all details as to time, place, individuals, and whatever additional racts may have led to your contemplated action, but none have been forwarded to me. I specifically would like to know who, when, and under what circumstances this proposed acquisition was rirst contemplated and started. This proposal is discriminatory and arbitrary in the extreme, as it is directed to a land grab of only one undeveloped parcel of land, whereas several dozen occupied residences immediately abut your Westerly property line and protection or condemnation of those residences should logically be undertaken first rather than land farther away. Also, the County's land abutting your Westerly property line should warrant the same consideration. The term "buffer" to con- riscate property for future development is fraudulent. No Feasibility study, or Project, or 1=>ublic Use has been established ror your proposed subterfuge for future real estate development. The subject land was available for purchase by your District a few years ago by the same seller rrom which the District purchased its land, but it was determined not to purchase it then because it was not needed ror ruture District needs. Absolutely no evidence has been made available to me establishing a definitive "project" or "Public Use" for the subject land, and I again request that this ill-advised real estate venture be abandoned immediately. /"00, . ~f /I ~~ Anthony G.Lagiss [J Attachment 5; Page 1 of 18 Pages ./ FilE COpy Central Contra Costa Sanitary District SOl9lmhoJJ Place, Martlnez, CoUJomla 94553 (415) 689-3890 January 8, 1988 IfOGEIf I. DOlAN Gao~.I _n.,n CItkf ~In<<r /AMES L HAZARD C_nMI for 1M Dlslr1cl ,41Sl,;g.'4.JO /Oya Eo life MlLIJIN S<<rd.". of 1M Dlllrkl Mr. Anthony G. lag1ss P.O. Box 222 lafayette, CA 94549 Dear Mr. lag1ss: ASSESSOR'S PARCEL NO. 159-140-o42-l~ISS PROPERTY Attached is a "Notice of Hearing" dated January 8, 1988. The notice states, in part, that the Board of Directors of the Central Contra Costa Sanitary District hereby gives notice of its intent to adopt a resolution of necessity to acquire by eminent domain Assessors Parcel No. 159-140-042, lag1ss Property, for a Treatment Pl ant buffer zone. This proposed action will be heard on February 4, 1988, at the Regular Meeting (7:30 p.m.) of the Board of Directors. Your failure to file a written request to be heard with the Secretary of the Central Contra Costa Sanitary District, within fifteen (15) days after the date of mailing of this notice (January 8, 1988) will result in a waiver of your right to appear and be heard. Please, review the attached "Notice of Hearing" and respond accordingly. 5\1: PiUl Morsen Deputy General Manager PM/Kl/vh Attachment cc: l. Bunker J. Hazard Attachment 5; Page 2 of 18 Pages ( NOTICE OF HEARING The Board of Directors of the Central Contra Costa Sanitary District hereby gives notice of its intent to adopt a resolution of ~~cessity to acquire by eminent domain Assessors Parcel No. 159-140-042, lagiss Property, for a Trea'bnent Plant Buffer Zone. The property is further defined in Exhibit ^ attached hereto and incorporated by reference. This proposed action will be heard on February 4, 1988, at the Regular Meeting of the Board of Directors. You have a right to appear and be heard on the matters referred to in Code of Civll Procedure Section 1240.030. Section 1240.030 provides: The power of eminent domain may be exercised to acquire property for a proposed project only if all of the following are established: (a) The public interest and necessity require the project. (b) The project is planned or located in the manner that will be most compatible with the greatest public good and provide the least injury. (c) The property sought to be acquired is necessary for the project. Your failure to file a written request to be heard with the Secretary of. the Central Contra Costa Sanitary District: 5019 Imhoff Place, Martinez, California 94553, within fifteen US) days after the date of man ing of this notice (January 8, 1988) wlll resul t in a waiver of your r1ght to appear and be heard. Dated: January 8, 1988 ~CL'~.~~' oc E. McMillan Secretary of the District Attachment 5; Page 3 of 18 Pages c (r EXHmrr A Those parcels of land in the unincorporated area of the County of Contra Costa, State of California, described as follows: PARCEL ONE Portion of the Rancho Las Juntas and portion of Swamp and OVerflow Land, described as follows: Beginning on the southeast line of the 19.188 acre parcel of land described as Parcel Two in the deed to Pacific Gas and Electric Company, recorded May 24, 1962, Book 4126~ Official Records, page 320, at the most westerly corner of the parcel of land described in the deed to Central Contra Costa Sani tary Di stri ct, recorded J u1 y 7, 1970, Book 6165, Official Records, page 448; thence from said point of beginning southwesterly and northwesterly along the southeast and southwest lines of said 19.188 acres parcel to the southeast line of the right of way of the Atch 1 son, Topeka and Santa Fe Ra 11 way Company, be1 ng the southeast . line of the 4.88 acre parcel of land described in the deed to The San Francisco and San Joaquin Valley Ral1way Company, recorded February 18, 1899, Book 81, Deeds, page 344; thence southwesterly, northwesterly and southwesterly, along the southerly line of said right of way to the east line of the parcel of land described as Parcel Two in the deed to Roy E. Coats, et ux, recorded November 6, 1967, Book 5489, Official" Records, page 92; thence southerly along said east line and along the northeast line of the parcel of land described as Parcel One in said deed to Coats, to the northwest corner of the parcel of land described as Parcel Three in said deed; thence easterly and southerly along the north and east lines of the last mentioned parcel to a south line of the parcel of land described as Parcel Thirty-two in the Notice of Pendency of Action entitled Frances L. Burrell, et al, plaintiffs vs. Allied Properties, defendant, recorded June 12, 1959, Book 3391, Official Records, page 365; thence easterly along said south line to a west line of said Parcel TM rty-two, bei ng the east li ne of the road know as Bl um Road, formerl y Warehouse Road; thence southerly along said road, to the north line of the tract of land designated on the map of Helmond Shepard Tract filed June 20, 1946, Map Book 29, page 49; thence easterly along said north line of the northeast corner of said Helmond Shepard Tract, being the northwest corner of the 79.06 acre parcel described in said deed to Central Contra Costa Sanitary District, recorded July 26, 1967, Book 5418, Official Records, page 311; thence easterly along the north line of said 79.06 acre parcel to the southwest line of the Central Contra Costa Sanitary District parcel first above referred to, 6165 00448; thence northwesterly along said southwest line to the point of beginning. Attachment 5; Page 4 of 18 Pages ~. (~ PARCEL lWO WA non-excl us1ve easement for a roadway for vehicles, pedestrians and animal s and for 011. water. gas. power and sewer lines or other utilities" created in reference to the premises fn the deed to Central Contra Costa Sanftary District. recorded July 7. 1970. Book 6165. Offfcial Records. page 448 over a portfon of the Rancho Las Juntas and over a portfon of Swamp and Overflow Land befng over a strip.of land 50 feet in wfdth the center lfne of whfch is "parallel with and located twenty-ffve feet easterly from the westerly boundary lines" of the parcel of land descrfbed in safd deed to Central Contra Costa Sanftary District. Attachment 5; Page 5 of 18 Pages - - l}u~,?LJ .~ Central Contra Costa Sanitary District c. October 8. 1987 IfOGEIt J. DOlAN Geller." "'....,er Clllef ~..<<r JAMES L HAZAItD CCHUUel/or III., Dtsmcl (4151 ua..uo JOYCE Eo McAfIUJIN S<:crd.." 0/110<: Dtsmcl Mr. Anthony G. lagiss P.O. Box 222 Lafayette. CA 94549 Dear Mr. lagiss: The Board of Directors of the Central Contra Costa Sanitary District approved the Negative Declaration for the proposed acquisition of the lagiss property for the Treatment Plant buffer zone on October 1. 1987. In response to your letter dated September 30. 1987. regarding thfs Negatfve Declaratfon. the quote "If, fn the future. the Distrfct chooses to develop the property and change its existing land use. a separate envfronmental study will be required" is taken out of context. The following sentence "No other District use is planned or proposed at this tfme" clearly states the District's intentions and represents no subterfuge at all. In fact. this paragraph was intended to all ay any fears that the District was pursuing acquisition of this parcel with ulterior motives. Any ..~uture development of this land that can be envisioned at this time would be for District facilities. The next quote used in your letter, "In order to minimize environmental confl fcts and to assure the contfnued vfability of neighboring 1 and uses." is also taken out of context. The sentence contfnues "... the District has proceeded to purchase property surrounding the treatment p1 ant to provide an adequate buffer zone." Thi s statement refers not only to this particular situation. but to a pattern of activity undertaken by the District in the past. The environmental conf1 fcts mentioned fn the same paragraph and fn later paragraphs are the industri al nature of the treatment p1 ant and the use of new technologies which may be required in the future. Future odor impacts. which may particularly affect the parcel in question. are pointedly referred to as "potential nuisance" in the Negative Declaration. The District's endeavor to mitigate future impacts by surrounding the treatment plant with a buffer zone is part of a program to ensure good relations with neighboring property owners. Rather than oppose development of neighboring parcels. the District Board of Di rectors has pursued the option of obtaining fee tit1 e to sensitive parcels. Attachment 5; Page 6 of 18 Pages 1 L. Mr. Anthony G. lagisS Page 2 -October 8. 1987 Your closing paragraph mentions "several other discrepancies" in the Negative Declaration which you believe should be addressed in an environmental impact report. Since you failed to enumerate these items in writing or before the Board of Directors. the District is unable to address your concerns at this time. If you have any further questions or comments. please telephone Paul Morsen. Deputy General Manager. at 689-3890. Sincerely. ~MlJJ~ I~ Roger J. Dolan ~ General Manager-Chief Engineer LIB:bc Attachment 5; Page 7 of 18 Pages L' r FILE COpy Central Contra Costa Sanitary District SOl91mhoJJ Place, Martinez, CDIIJornJa 94553 (415) 689-3890 Octobe r 7, 1987 ItOGEIf J. DOLAN Gftt<<o' Mtln.,rr Chlrf Enfln<<r /AMES t.. HAZARD Coun~I for Ihr DtSlrlCI (4151"'.-14,)0 JOYCE E. Me MILLAN 5<<rrl'uy of lhr Dt.lrlCI Mr. Anthony J. lagiss P. O. Box 222 lafayette, CA 94549 Dear Mr. lagiss: ASSESSOR'S PARCEL NO. 159-140-042 - lAGISS PROPERTY In accordance with my letter dated September 11, 1987, enclosed are certified copies of the Board Minutes of September 3, 1987. The "Z" shaped line on each page indicates that other non-related subjects were discussed prior to or after your items of interest; as the case may be. it~ ~auli Mo'rsen Deputy General Manager PM:pj r cc: L. Bunker J. Hazard Attachments Attachment 5; Page 8 of 18 Pages r ( dlntl'wnLJ g. La9~~ P. O. BOX 222 LAFAYETTE, CALIFORNIA 94~49 PHONE (41~) 283-8~OO sept. 30, 1987 )1~C~IVIO SEP 3 01987 CCCSD I :: 2 L\ Pt-i '{.)f_~~ central Contra Costa San. Dist. 5019 Imhoff place Martinez, Calif. 94553 Re: Assessor's parcel !,~o. 159-140-042 (49 Acres). I again request that you do not adopt a "Negative Decleration" pertaining to the acquisition of the subject property. Instead, I request that you prepare an "EnviroIll1'lental Impact Report" fully describing all aspects, present and future, of this project. your proposed negative declaration states, "The immediate public need1br acquisition of the Lagiss property is to prevent future development of the parcel". Then, you state, "If, in the future, the District chooses to develop the property and change its existing land use, a separate environ- mental study will be required". It is obvious from your own statements that an environmental iMpact report will ultimately be required for what- ever plans and objectives you are entertaining at this time to justify a negative declaration. There is glaring subterfuge in your negativ4 declaration to acquire the land for future development. Also, you state, "In order to minimizeenviroIL."iental conflicts and to assure the continued viability of neighboring land uses", but you do not explain what those "environmental conflicts" may be, nor what the proposed acquisition of 49 acres of bare land standing as the Lord created it will do "to assure the continued viability of neighboring land uses", which is not your prerogative. you also state, "the buffer zone is required to limit the impact of potential nuisance". I would like to know exactly what "potential nuisance" you are contemplating at this time. There are several other discrepancies in your proposed negative declaration, which in summary I feel should be addressed in a formal enviro~~ental impact report, and I so request that one be prepared forthwith. Gl"'j /1 If ~--'~ Attachment 5; Page 9 of 18 Pages Central ~ontra Costa Sanitary District 5019 Imhoff Place, Martinez, CallJornla 94553 (415) 689-3890 September 28, 1987 IfOGEIf I. DOlAN ~1t~1I1 Mtln.,~r Clllef E1II/neer lAMES L HAZARD Counst:/ for 'lie OIl/rier (4151 9.Jl1., 4.)0 lOYCE E. IlfcMILUlN 5<<re'"'Y of rile OI.lrlcr Mr. Anthony G. Lagiss P. O. Box 222 Lafayette, CA 94549 Dear Mr. Lagiss: Thank you for your letter of September 11,1987. We wish we could accommodate your request for a verbatim transcript of the discussion at the August 20, 1987 Board Meeting but none exists. It is a long accepted policy of the Board to have its official record kept by minutes. At your request, consideration of adoption of a Negative Declaration and authorization for the General Manager-Chief Engineer to proceed with the acquisition of Assessor's Parcel #159-140-042 was continued to October 1, 1987. Additionally, there will be a brief description by staff of buffer zone and CEQA compl iance. At that time you will have an opportunity to speak to the Board relative to the issue of the buffer zone and other areas of concern. With regard to your request for definition of buffer zone, land use planners commonly refer to a buffer zone as being land which separates incompatible land uses and is developed in a compatible way or is left undeveloped, as appropriate. I hope that this letter adequately addresses your concerns. Sincerely, , "1 ~L G: rn (Yt~i (1 "'- (JJyce L McMi 11 an ~cretary of the District cc: Board of Directors R. Dolan P. Morsen J. Hazard Attachment 5; Page 10 of 18 Pages dln.tfwn.y g. L~w. P. o. BOX 222 LAFAYETTE, CALIFORNIA 94H9 PHONE (415) 283-8)00 sept. 11, 1987 A@C~'V1"n - SEP141987 QX$. (lft'J>:!."V(\r,"~ .....,~. Central Contra Costa San. Dist. 5019 Imhoff place Martinez, Calif. 94553 Re: Assessor's parcel #159-140-042 (49 acres). At 1his morning's meeting with Messrs. Dolan and Morsen, I was handed along with other information "EXcerpt from the minutes of regular board meeting of August 20, 1987". The unanimous approval of the Board for acquisition of the subject property was made "Following explanation by Mr. Dolan". Since I was not informed of that meeting, I would like to have a copy of Mr. Dolan's verbatum explanation to the board. I also request again that you furnish me with complete explanation as to time, place, and individuals leading up to the "position paper" of A'q.gust 13, 1987 submitted by Paul Morsen to the Board, and since I am the only individual involved why I was not informed in any way about the many meetings held leading to the proposed acquisition at this time. I specifically would like to know what individual(s) first discussed this matter and when and under what circumstances. In the various documents I have, the words "buffer zone" are mentioned. I requested at this morning's meeting a definition, according to the District's words, but I did not receive any. I again request that the word "buffer" be defined precisely so that I can try to understand what it means (semantics), and also define the area of the "zone" that is encompassed - so that I may try to fully understand what is being sought, and specifically how it affects the subject land. ~--4 /J: ;(i~ Anthony G. tagiss . pr . Attachment 5; Page 11 of 18 Pages ~ ~.tr . Hand t;~livered ~nber ll-, 1987 Central Contra Costa S.anitary District 50191mhofJ Place, Martinez, COliJornJa 94553 . (4'5) 6~9.3890 September 11, 1987 ItOGER I. DOLAN Galer.' M.n"lft' Ch'ef E",'ne6 lAMES 1. HAZARD Counse' for 1M Dtstrlcr '4151 '.)4., 4.JO IOYCE E. McMlLLAN 5<<ra.'Y of 1M DIstrict Mr. Anthony J. Lag1ss P.O. Box 222 Lafayette, CA 94549 Dear Mr. lag1ss: ASSESSOR'S PARCEL NO. 159-140-042 - lAGISS PROPERTY Pursuant to your letter of August 31, 1987, I am enclosing copies of all Position Papers and the certified minutes for the appropriate Board Meetings that pertain to the subject property. Also, enclosed is a Board Meeting Action Summary dated September 3, 1987, which stll1mar1zes the Board Minutes. Ttle actual Board Mfnutes for that date have not been approved by the Board. Upon Board approval of the Mfnutes of September 3, 1987, a certfffed copy will be sent to you. The fnfonmatfon pertaining to our decision for acqu1sft1on of the property, including the reasons therefore, and the subsequent use of the property after acqufs1tfon is stated in the Negative Dec1aratfon doctll1ent dated August, 1987 and sent to you on September 4, 1987. The 01 str1 ct' s source of the funds to purchase the prope rty w 111 come from the D1strfct's Sewer Construction Fund. ~:elY' ~ Paul Morsen Deputy General Manager PM/bbm Enclosure cc: L. Bunker R. Dolan J. Hazard Attachment 5; Page 12 of 18 Pages c:llntfum'l g. ~a9~~ P. O. BOX 222 LAFAYETIE, CALIFORNIA 94549 PHONE (415) 283-8500 sept. 10, 1987 RICEIVED SEP 1 01987 CCCSD Central Contra Costa San. Dist. 5019 Imhoff place Martinez, Calif. 94553 Re: Assessor's ~arcel #159-140-042 (49 Acres) I hereby request that you prepare an environmental impact report, as req~ired by law, pertaining to the actions you have undertaken affecting the subject property. Also, I again request that you furnish me with the information that I requested of you in my letter dated August 31, 1987. I firmly believe your actions in this matter are ill-advised, and neither your best interests nor the public's general welfare would be best served by your arbitrary actions. This large heavy induBtrial zoned site is one of the finest left in all of Contra Costa County, and removing it from the tax rolls would deal a severe blow to the County's tax base and revenue loss, and to future needed employment opportunities. I would hope that upon further critical analysis and study, you will abandon this proposed land grab - and I so suggest and request. Since your District was created about forty years ago, I have always cooperated with it, and if there is any particular problem existing at this time I would be glad to sit down with all concerned to try to solve itQ. . J.I yC' ,~ ).,~4J;ZJ,,~t - ~ . AnUlOny G. Lagiss . r Attachment 5; Page 13 of 18 Pages Central Contra Costa Sanitary District SOl91mhoff Place, Martinez, CalifornIa 94553 (415) 689-3890 IfOGER J. DOlAN Gal_I M.II~ ChIef EnJIII<<r JAMES L. HAZAItD CeUJI~I lor .he ot.ttfcc t.'S} U..'UO JOYCE Eo Ale AlJUJIN SecreI.ry of Ihc ot.ttfcc Septembe r 4, 1987 CERTIFIED MAIL P-582 570 129 Mr. Anthony J. lagiss P.O. Box 222 lafayette, CA 94549 Dear Mr. lagiss: Pursuant to your request at our meeting last week, I am sending the Negative Declaration referred to in the material that was presented to the Board at the meeting of September 3, 1987. Moreover, I wanted to take th is opportunity to advise you of the Board's action at that meeti ng. The Board considered your request for an extension of time to respond to the Negative Declaration. After discussion, they agreed to continue this matter until their regular meeting of October 1, 1987. The hearing will be continued until that time, and you are invited to attend the Board meeting in order to make your position known. The meeting 1s held at 5019 Imhoff Place, Martinez, in the Board's Meeting Room at 7:30 p.m. Mr. Roger Dolan, the District's General Manager-Chief Engineer, and I will plan to meet with you on Friday, September 11, 1987, at 11 a.m. If you have any questions, please feel free to call. aul Morsen Deputy General Manager . PM! hb Enclosure cc: l. Bunker R. Dolan J. Hazard - wlo Enclos.ure - wlo Enclosure - wlo Enclosure Attachment 5; Page 14 of 18 Pages c1fn.thotlLJ g. -Ca9~5. P. O. BOX 222 LAFAYETTE, CALIFORNIA 94549 PHONE (415) 28~-8500 August 31, 1987 RECEiveD AUG 3 11987 CCCSD Central Contra Costa San. Dist. 5019 Imhoff Place Martinez, Calif. 94553 He: Assessor's Parcel No. 159-140-042 (48 Acres). Just today I receiv~d your letter to me dated August 27, 1987, informing me of a "notice of intent to issue negative declarationtt for the subject property. The hearing for this proposed action is scheduled only three days from today (Sept. 3, 1987). Since I am the only one affected by this proposal, and I have absolutely no information than your letter to inform me, I first request that you postpone any further action on this matter for at least sixty~days. Ialso hereby request that you furnish me with complete copies of all resolutions and complete copies of all minutes pertaining to your decisions affecting the subject property. And since I am the only one affected by your "intent to issue negative.declaration", I hereby vehemently protest the adoption of such a declaration and request sufficient time to gather factual information to s~bstantiate my challenge to that negative declaration. Conversely to your statement in your letter to me that "the project will not have a significant effect upon the environment", I intend to show that your actions will have a very considerable negative effect on the environment. I will expect you to expeaite and furnish me with copies of any and all information pertaining to your decision to acquire the subject property and the specific reasons therefore including the source for the funds to purdhase, and the proDosed use of the land subsequent to purchase. . . CJu~~~~ Anthony G. Lagissf Attachment 5; Page 15 of 18 Pages L / J Central Contra Costa Sanitary District 5019 Imhoff Place; Martinez, California 94553 (415) 689-3890 August 27, 1987 IfOGEIf I. DOLAN Gener,,' M~ Clt/~ EIt6'rt<<r lAMES 1. HAZARD C_nx'/or ,,,~ DI.u1c, (4151 'U.. 4.JO IOYCE Eo McMIUAN Secrd"'Y of ~ DlJIJ1cI Mr. Anthony G. Lagiss P.O. Box 222 Lafayette, CA 94549 Dear Mr. Lagiss: The Central Contra Costa Sanitary District is hereby giving notice that the following legal notice was published in the Contra Costa Times on August 24, 1987. NOTICE OF INTENT TO ISSUE NEGATIVE DEO-MATION Name of Project: Acquisition of Lagiss property for Trea'bnent Plant buffer zone. location: A parcel of 48.96 acres at the northern end of Blum Road. (Assessor's Parcel Number 159-140-042). Entity or Person Undertaking Project: Central Contra Costa Sanitary Di strict. Project Description: The Di strict will acqui re property owned by Lagi ss in order to provide a required buffer zone to the west of the Treatment ~a~. - NOTICE IS HEREBY GIVEN lHAT the Central Contra Costa Sanitary District, Contra Costa County, California, proposed to issue a Negative Declaration for the captioned project. Such Negative Dec1 aration is based upon a findi ng that the proj ect will not have a significant effect upon the environment. The reasons to support such a finding are docllnented by an initial study prepared by the District. Copies of such an initial study and the proposed Negative Declaration may be obtained from: Lynne I. Bunker Associate Engineer 5019 Imhoff Place Ma rti nez, CA 94553 Attachment 5; Page 16 of 18 Pages Mr. Lagiss Page 2 August 27, 1987 A hearing wlll be held on Thursday, September 3, 1987, in the Board of Director's meeting room, at 7:30 p.m. to discuss adoption of the Negative Decl aratfon. Dated: August 18, 1987 Isl Joyce E. McMlll an Secretary Central Contra Costa Sanitary District rPauT-M n Deputy General Manager PM/KLI hb Attachment 5; Page 17 of 18 Pages / .~ ROBERT J. FOLEY 42 SHARMAR COURT WALNUT CREEK. CALIFORNIA 9459!? 934.9352 -\ COpy .-. .....-...................... SENIOR MEMBER AMERICAN SOCIETY OF APPRAISERS July 29, 1987 Mr. Anthony G. Lagiss, P. O. Box 222, Lafayette, California 94549 Dear Sir: I have been retained by the Central Contra Costa Sanitary District, Mr. James Hazard, Attorney, to appraise a parcel of land located at the end of Blum Road, Martinez, California described on the attached Assessors Plat. In accordance with State Law, this is to invite you or your representative to inspect this property in my company, or to supply any information that you may feel is pertinent to the valuation, including your understanding of the avail- able access for any development. I may be reached at the above number at most any time during business hours. RJF:b CC.: James Hazard, Atty. ....-~~ \ .,.' -..~ 1 ( NOT FOR:~~ I'~ ~,. .- ----~:.:..- .J/ / /..../.." . l,~ yS / ~y /. "- /Qrd'':;:''us-''~ /H~ / (. ~!t"I'" '. ~ f'" Attachment 5; Page ~8 of J8. Pages i. .- . . . ..' ::.~:.: . '~. ./. / ,/ / . Centr..._ Contra Costa Sanitar ~ District BOARD OF DIRECTORS I PAGE 1 OF 11 POSITION PAPER I BOARD MEETING OF February 4, 1988 NO. IV. HEARINGS 2 SUBJECT HOLD A PUBLIC HEARING ON UNINHABITED DISTRICT ANNEXATIONS 97C, 970, 97E, 97F, 97G, AND 97H AS AMENDED BY THE LOCAL AGENCY FORMATION COMMISSION (LAFCO) DATE January 26, 1988 TYPE OF ACTION Hold Hearing D.A. 97C Through 97H SUBMITTED BY Denni sHall Associate Engineer INITIATING DEPT./DIV. Engineering Department Construction Division ISSUE: LAFCO has amended the boundaries of several of the parcels included within District Annexation 97, a proposed uninhabited annexation. The District must hold the subject hearing and consider testimony by affected property owners before acting on the proposed amended annexations. BACKGROUND: The above-referenced annexation was sent to LAFOO as required for the formal annexation process. Part of the annexation, consisting of four parcels, was not changed. Three of these four parcel s were ordered to be annexed by the District Board on December 17, 1987. The fourth parcel is being submitted for Board action on the consent calendar as District Annexation 97-A. Since DA-97-A is 100 percent landowner consent and was not amended by LAFOO, a public hearing is not requi red. LAFOO amended the boundaries of the remaining parcels during its approval process. These amendments were made to improve the conti nui ty of the resul ti ng Di stri ct boundary. The amended annexati ons are desi gnated as D. A. 97-C through 97-H and are considered to be six separate annexations. Maps are attached showing the amended annexations. A Negative Declaration has been prepared by LAFOO for all of these amended annexations. ,District staff has reviewed said Negative Declaration and concurs with its findings. Legal notice was published, and the affected property owners were notified of this hearing as required by law. The amended annexations are uninhabited (fewer than 12 registered voters). Factors to be considered by the Board in deciding to approve or disapprove the proposed annexations shall include all of the following: 1. Whether the proposed annexations will be in the best interests of land owners or present or future inhabitants within the District and within the territory proposed to be annexed to the District. 2. The Local Agency Formation Commission's resolutions making the determination that the proposed annexations should proceed forward to hearing by this Board (Resolution for 97-C is attached as Exhibit A, this is a representative resol ution. Copies of all six resol utions have been provided to the Board members separately for review). REVIEWED AND RECOMMENDED FOR BOARD ACTION 1302... 9/85 DH JSM RAB li' ~. R./CHIEF ENG. v.~J;!a- / ROGERJ.DOLAN INITIATING DEPT./DIV. ,wI} fj/4 ~ SUBJECT POSITION PAPER HOLD A PUBLIC HEARING ON UNINHABITED DISTRICT ANNEXATIONS 97C, 970, 97E, 97F, 97G, and 97H AS AMENDED BY THE LOCAL AGENCY FORMATION COMMISSION (LAFCO) PAGE 2 OF 11 DATE January 26, 1988 3. Any of the factors required by Government Code Section 56841 which were taken into consideration by the Local Agency Formation Canmission in making its determi nati on to refer these proposed annexati ons to our Di stri ct as the conducting authority. These factors are shown on Exhibit B. 4. The Board is free to consider any matters which it deems material to the decision to approve or disapprove the proposed annexations. Following its review, the Board, not more than 30 days after the conclusion of the hearing, shall adopt a resolution taking one of the following actions: 1. Di sapprove any of the proposed annexati ons if, in consi deri ng the above factors, the Board finds the annexation is improper; or 2. Disapprove anyone of the annexations if a majority protest exists; or 3. Order the annexations if written protests have been filed and not withdrawn by owners of land who own less than 50 percent of the total assessed value of land within the affected territory. RECOMMENDATION: 1. Open hearing, receive any testimony, and close public hearing. 2. Adopt a Resolution concurring with and adopting the Negative Declaration of LAFCO and orderi ng the annexation of all parcel s as amended which have no protests. 3. Adopt a resolution taking one of the following actions: o Disapprove one or more of the proposed amended annexations if the Board determines that the annexation is not warranted, o Disapprove any amended annexation if a majority protest exists, o Order the annexation and concur with and adopt the Negative Declaration of LAFCO if written protests have been filed and not withdrawn by owners of land who own less than 50 percent of the total assessed value of land within the affected territory. 13028-9/85 fJA TE :5 AVE BEARING DISTANCE I N '2I00S'30"W 150.00' '2 N 79030' E 20.35' "3 N 2I005'30"W 50.68' 4. N '2lo05'30"W 900.00' 5 N 69005'38"E 60.00' G N G'300S'38"E. 60.00' 7 NG'3.05'38"E. 188.59' 8 N540IG'I"3"W \88.59' 8 POINT OF BEGINNING Page 3 of 11 A~ AOJ>~D Bv L.AFCD l'^ IZ 1)(17 CIT'l' OF CONCORD 448"3 O.R. 539 STANDARD PAC\~\C GAS LINES 611 O.R. 32 CENTRAL COt-JTRA COSTA TRANSIT AUTHORITY P ~ RCEL B 105860.R.95'2~ 9 PJ'yJ ;::;9 )-1 y t:~. Ali'NQ .'Cj.i:A~":'\:~-/NDLlSTR/AL.___ :~":" J1(A.Y +, ct ~$ r- ~ V) N '29036'42"W 50.00' HIGHWAY 4 CONCOIeO DISTRICT ANNEXATION 97-C (PARCEL NO.1) ~~ ~:/' 9fJ ~ /\ ~ \ J/ ~0 (^-r ~\\ ~, /\ r~?J " -'\ ~/ -'\ ~\ '( 0) \,"J j)f @ ';gJ (~'~~~,. ' $;/ ";' ~\ '( j)f ~ :'\ (~ r?; /\ '() (0 ~~ , r?yO '" Page 4 of 11 ~""{) 'JI' " '\ ~/ ~ ~\ \'0 f?;r:o r:o r:o '1..0 ~I' /\9 r?; --\ ~\01.~ -J> ~0 j)f') \~)'i O~ ?J\ ~. ~\~ 0,' -'\.\ j)fO ", ~ ~ <'l 0 cP 0~ 0' 0" ,\I ~ 1(/ j)f1 r:o At.-AMO DISTRICT ANNEXATION 97-0 (PARCEL NO.4) Page 5 of 11 MARTEN 501'3 o.R. \(03 AR&\ ADDep BY LI!Fc.o e TRACT 2830 ~ ~ TRACT 3780 147 AI 35 A TRACT 5048 218/Y1 44 ~ ~ (i7j1 ~ TRACT 5980 254 /Yl 10 B EASl BAY REGIONAL PA~'. DISTRICT 111'27 OR 54.3 C TRACT ..5899 (@) 1'381 @ 1'375 ALAMO DISTRICT ANNEXATION 97-E (PARCEL NO.5) -"'.00;: i i F;r....~ ,::.;: 11:-..." ~ AIet:A I1.DPeD BY L~FGo Page 6 of 11 @ PAN VI L '-E DISTRI CT ANNEXATION 97 - F (PARCEL NO.8) ~~ ~ @ 1'3f:.O Page 7 of 11 R = '20' L='3\.4'Z' POINT OF BEGINNING ~'-5V \0-' -' , AJreA APpSD 8'1' lAFGo. PANVILI-c 0ISTRICT ANNEXATION 97- G ( PARCEL NO.9) ~ ~""'"'. I"",,&.:.. 0\ !J'O: ~ (i; ~ G3(o flU' lB~ 2(\1 ~. ~ ,.. It: -c % l5 ~ e j:: ::;)... -c g ~ )( ow% w",%e % U %... ~ u-c- '" u 0 :u ::;) ClWQ.. o %"'0 >: i=~w w!!!oz a:: )( a:: CI a.. w a.. Vi Page 8 of 11 --oz$ - II II II AReA ADDEJ> BY LAFC.t:J. GDI'* d. U: '.l' (". '.": @r- ~i if Cl' r: ~ 1- g ui co 3 & {U ~ @ . ~..J , !o.:> "\.S~ * . aJ . g tB'2 f-~ ~~. 0::11"I,:> f-....... '<5 ~ 6>. . ~ 6)0 6' '~ ;&' .~ \S' 1- C'i ~:t . I!l . ~ . ,6,'S661 ~ Z z ~ lL o !z ~ o rr: ,:, \\J tJANV/I-Lc .... <:f 111 r- ~n Cl ;:; .... ~~ '...; (.9 Lu (" _L. f,.' ..... Ci f.~ {.G ::r.: cr: r1 r- ill ~.-{ W DlSTRI cr ANNEX ATIO N 97-H (PAR CIL 10) RESOLUTION -! ~!tW LlTA_. - 'ON OF CONTIV. COSTA COUNTY MAKING DETERMINATIOh. AND APPROVING PROPOSED DISTRICT ANNEXATION NO. 97-C TO CENTRAL CONTRA COSTA S~ITARY DISTRICT (LAFC 87-55-C) The Local Agency Formation Commission finds: On September 11, 1987 Resolution No. 87-127 of the Central Contra Costa Sanitary District (CCCSD) was submitted to the Executive Officer of this Commission making application for proposed District Annexation No. 97 to said District~ and At the times and in the form and manner provided by law, said Executive Officer gave notice of public hearing by this Commission upon said application~ and The Executive Officer reviewed said application, caused to be prepared an initial study of the project's environmental significance and a resulting Negative Declaration, and prepared the Executive Officer Report including his recommendations therein~ said applica- tion, Negative Declaration and report were presented to and considered by this commission; and The public hearing by this Commission was held on November 18, 1987 at the time and place specified in the notice of public hearing; and At said hearing, this Commission heard and considered all oral and written protests, objections and evidence presented or filed, and all persons present were given an opportunity to be heard in respect to any matter relating to said application, Negative Declaration and report. NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED that: Section 1. The Negative Declaration finding, pursuant to the California Environmental Quality Act, that the subject project (proposed annexations as amended herein) will not have significant effect on the environment is hereby adopted. Section 2. This portion of the proposal is hereby amended to include only Annexation Parcel 1 as identified in the application, with boundaries of said parcel revised to include certain additional territory. Section 3. The proposal is assigned the designation of "District Annexation No. 97-C to Central Contra Costa Sanitary District (LAFC 87-55-C)" and the affected territory is legally uninhabited. Section 4. The proposed annexation is hereby approved subject to conditions that 1) the boundaries of affected territory shall be as amended and described in attached Exhibit "A," and 2) said territory shall be subject to the ordinances, rules, regulations, bonded indebtedness and contractual obligations of CCCSD. Section 5. Pursuant to Government Code Section 56029 (b), the Sanitary Board of CCCSD is hereby designated as the conducting authority~ and pursuant to Government Code Section 57000, said Sanitary Board is hereby directed to initiate proceedings for the proposed annexation in compliance with this resolution. Section 6. The Executive Officer is hereby directed to mail certified copies of this resolution in the manner and as provided in Section 56853 of the Government Code. PASSED AND ADOPTED on November 18, 1987 by the following vote: AYES: Commissioners Fahden, Longshore, McNulty, Torlakson and Uilkema NOES: None Page 9 of 11 Resolution LAFC 87-5 2 .1 hereby certify that the foregoing is a true and correct copy of a resolution passed and adopted by said Commission on the date afore- said. DEM:ap Attachment Distribution: Roger Dolan, General Manager; CCCSD Jay McCoy, Construction Division Manager; CCCSD Bill Gregory, Real Property Specialist; CCCSD Michael Uberuaga, City Manager; City of Concord Albert D. Seeno Construction Company Allied Investments American Savings & Loan Association George I. Redding, Best Propane Company Page 10 of 11 RESOLUTION, _ THE LOCAL AGENCY FORMATION COMM. ,ION OF CONTRA COSTA COUNTY MAKING DETERMINATIONS AND APPROVING PROPOSED DISTRICT ANNEXATION NO. 97-C TO CENTRAL CONTRA COSTA S~IT1\RY DISTRICT (LAFC 87-55-C) The Local Agency Formation Commission finds: On September 11, 1987 Resolution No. 87-127 of the Central Contra Costa Sanitary District (CCCSD) was submitted to the Executive Officer of this Commission making application for proposed District Annexation No. 97 to said District; and At the times and in the form and manner provided by law, said Executive Officer gave notice of public hearing by this Commission upon said application; and The Executive Officer reviewed said application, caused to be prepared an initial study of the project's environmental significance and a resulting Negative Declaration, and prepared the Executive Officer Report including his recommendations therein; said applica- tion, Negative Declaration and report were presented to and considered by this Commission; and The public hearing by this Commission was held on November 18, 1987 at the time and place specified in the notice of public hearing; and At said hearing, this Commission heard and considered all oral and written protests, objections and evidence presented or filed, and all persons present were given an opportunity to be heard in respect to any matter relating to said application, Negative Declaration and report. NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED that: Section 1. The Negative Declaration finding, pursuant to the California Environmental Quality Act, that the subject project (proposed annexations as amended herein) will not have significant effect on the environment is hereby adopted. Section 2. This portion of the proposal is hereby amended to include only Annexation Parcel 1 as identified in the application, with boundaries of said parcel revised to include certain additional territory. Section 3. The proposal is assigned the designation of "District Annexation No. 97-C to Central Contra Costa Sanitary District (LAFC 87-55-C)" and the affected territory is legally uninhabited. Section 4. The proposed annexation is hereby approved subject to conditions that 1) the boundaries of affected territory shall be as amended and described in attached Exhibit "A," and 2) said territory shall be subject to the ordinances, rules, regulations, bonded indebtedness and contractual obligations of CCCSD. Section 5. Pursuant to Government Code Section 56029 (b), the Sanitary Board of CCCSD is hereby designated as the conducting authority; and pursuant to Government Code Section 57000, said Sanitary Board is hereby directed to initiate proceedings for the proposed annexation in compliance with this resolution. Section 6. The Executive Officer is hereby directed to mail certified copies of this resolution in the manner and as provided in Section 56853 of the Government Code. PASSED AND ADOPTED on November 18, 1987 by the following vote: AYES: Commissioners Fahden, Longshore, McNulty, Torlakson and Uilkema NOES: None Resolution LAFC 87-5~-C 2 .1 hereby certify that the foregoing is a true and correct copy of a resolution passed and adopted by said Commission on the date afore- said. DEM:ap Attachment Distribution: Roger Dolan, General Manager; CCCSD Jay McCoy, Construction Division Manager; CCCSD Bill Gregory, Real Property Specialist; CCCSD Michael Uberuaga, City Manager; City of Concord Albert D. Seeno Construction Company Allied Investments American Savings & Loan Association George I. Redding, Best Propane Company RESOLUTI01 ~. THE LOCAL AGENCY FORMATION COMl aON OF CONTRA COSTA COUNTY MAKING DETERMINATIO~o AND APPROVING PROPOSED DISTRICT ANNEXATION NO. 97-D TO CENTRAL CONTRA COSTA SANITARY DISTRICT (LAFC 87-55-D) The Local Agency Formation Commission finds: On September 11, 1987 Resolution No. 87-127 of the Central Contra Costa Sanitary District (CCCSD) was submitted to the Executive Officer of this Commission making application for proposed District Annexation No. 97 to said District; and At the times and in the form and manner provided by law, said Executive Officer gave notice of public hearing by this Commission upon said application; and The Executive Officer reviewed said application and prepared the Executive Officer Report including his recommendations therein; said application and report were presented to and considered by this Commission; and The public hearing by this Commission was held on November 18, 1987 at the time and place specified in the notice of public hearing; and At said hearing, this Commission heard and considered all oral and written protests, objections and evidence presented or filed, and all persons present were given an opportunity to be heard in respect to any matter relating to said application and report. NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED that: Section 1. It is hereby certified that the Commission has reviewed and considered the Environmental Impact Report prepared by the County of Contra Costa acting as Lead Agency, pursuant to the California Environmental Quality Act, for environmental review of the subject project (proposed annexation as amended herein). Section 2. The Commission hereby finds that mitigation measures specified by the Environmental Impact Report are within the responsi- bility and jurisdiction of agencies other than this Commission. Section 3. This portion of the proposal is hereby amended to include only Annexation Parcel 4 as identified in the application, with boundaries of said parcel revised to delete certain territory. The revised boundary of affected territory is set forth in Exhibit "A." Section 4. The proposal is assigned the designation of "District Annexation No. 97-D to Central Contra Costa Sanitary District (LAFC 87-55-D)" and the affected territory is legally uninhabited. Section 5. The proposed annexation is hereby approved subject to conditions that 1) the boundaries of affected territory shall be as amended and described in attached Exhibit "A," and 2) said territory shall be subject to the ordinances, rules, regulations, bonded indebtedness and contractual obligations of CCCSD. Section 6. Pursuant to Government Code Section 56029 (b), the Sanitary Board of CCCSD is hereby designated as the conducting authority; and pursuant to Government Code Section 57000, said Sanitary Board is hereby directed to initiate proceedings for the proposed annexation in compliance with this resolution. Section 7. The Executive Officer is hereby directed to mail certified copies of this resolution in the manner and as provided in Section 56853 of the Government Code. PASSED AND ADOPTED on November 18, 1987 by the following vote: AYES: Commissioners Fahden, Longshore, McNulty, Torlakson and Uilkema NOES: None Resolution LAFC ~ ,5-0 2 I hereby certify that the foregoing is a true and correct copy of a resolution passed and adopted by said Commission on the 'oate afore- said. /L~ Mansfield 'e Officer / DEM:ap Attachment Distribution: Roger Dolan, General Manager; CCCSD Jay McCoy, Construction Division Manager; CCCSD Bill Gregory, Real Property Specialist; CCCSD Seal Beach Business Center, Inc. Bryan Ranch Homeowners Assn. Richard T. Loewke RESOLUTlv~ OF THE LOCAL AGENCY FORMATION C~.~1ISSION OF CONTRA COSTA COUNTY MAKING DETERMINATIONS AND APPROVING PROPOSED DISTRICT ANNEXATION NO. 97-E TO CENTRAL CONTRA COSTA SANITARY DISTRICT (LAFC 87-55-E) The Local Agency Formation Commission finds: On September 11, 1987 Resolution No. 87-127 of the Central Contra Costa Sanitary District (CCCSD) was submitted to the Executive Officer of this Commission making application for proposed District Annexation No. 97 to said District; and At the times and in the form and manner provided by law, said Executive Officer gave notice of public hearing by this Commission upon said application; and The Executive Officer reviewed said application, caused to be prepared an initial study of the project's environmental significance and a resulting Negative Declaration, and prepared the Executive Officer Report including his recommendations therein; said application, Negative Declaration and report were presented to and considered by this Commission; and The pUblic hearing by this Commission was held on November 18, 1987 at the time and place specified in the notice of public hearing; and At said hearing, this Commission heard and considered all oral and written protests, objections and evidence presented or filed, and all persons present were given an opportunity to be heard in respect to any matter relating to said application, Negative Declaration and report. NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED that: Section 1. The Negative Declaration finding, pursuant to the California Environmental Quality Act, that the subject project (proposed annexations as amended herein) will not have significant effect on the environment is hereby adopted. Section 2. This portion of the proposal is hereby amended to include only Annexation Parcel 5 as identified in the application, with boundaries of said parcel revised to include certain additional territory. Section 3. The proposal is assigned the designation of "District Annexation No. 97-E to Central Contra Costa Sanitary District (LAPC 87-55-E)" and the affected territory is legally uninhabited. Section 4. The proposed annexation is hereby approved subject to conditions that 1) the boundaries of affected territory shall be as amended and described in attached Exhibit "A," and 2) said territory shall be subject to the ordinances, rules, regulations, bonded indebtedness and contractual obligations of CCCSD. Section 5. Pursuant to Government Code Section 56029 (b), the Sanitary Board of CCCSD is hereby designated as the conducting authority; and pursuant to Government Code Section 57000, said Sanitary Board is hereby directed to initiate proceedings for the proposed annexation in compliance with this resolution. Section 6. The Executive Officer is hereby directed to mail certified copies of this resolution in the manner and as provided in Section 56853 of the Government Code. PASSED AND ADOPTED on November 18, 1987 by the following vote: AYES: Commissioners Fahden, Longshore, McNulty, Torlakson and Uilkema NOES: None Resolution LAFC 87-55-E 2 I hereby certify that the foregoing is a true and correct copy of a resolution passed and adopted by said Commission on the date afore- said. / ~ ( ........ J ) ~. ~ ):; fA ~~ c /f:/~bt Dewey~._ ansfield / ExecutTve Officer / DEM:ap Attachment Distribution: Roger Dolan, General Manager; CCCSD Jay McCoy, Construction Division Manager; CCCSD Bill Gregory, Real Property Specialist; CCCSD Maximillian Manufacturing Company Mary Barbara Green Robert D. & Lois A. Martin RESOLUTION OF THE LOCAL AGENCY FORMATION COMMISSION OF CONTRA COSTA COUNTY MAKING DETERMINATIONS AND APPROVING PROPOSED DISTRICT ANNEXATION NO. 97-F TO CENTRAL CONTRA COSTA SANITARY DISTRICT (LAFC 87-55-F) ; The Local Agency Formation Commission finds: On September 11, 1987 Resolution No. 87-127 of the Central Contra Costa Sanitary District (CCCSD) was submitted to the Executive Officer of this Commission making application for proposed District Annexation No. 97 to said District; and At the times and in the form and manner provided by law, said Executive Officer gave notice of public hearing by this Commission upon said application; and The Executive Officer reviewed said application, caused to be prepared an initial study of the project's environmental significance and a resulting Negative Declaration, and prepared the Executive Officer Report including his recommendations therein; said application, Negative Declaration and report were presented to and considered by this Commission; and The public hearing by this commission was held on November 18, 1987 at the time and place specified in the notice of public hearing; and At said hearing, this Commission heard and considered all oral and written protests, objections and evidence presented or filed, and all persons present were given an opportunity to be heard in respect to any matter relating to said application, Negative Declaration and report. NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED that: Section 1. The Negative Declaration finding, pursuant to the California Environmental Quality Act, that the subject project (proposed annexations as amended herein) will not have significant effect on the environment is hereby adopted. Section 2. This portion of the proposal is hereby amended to include only Annexation Parcel 8 as identified in the application, with boundaries of said parcel revised to include certain additional territory. Section 3. The proposal is assigned the designation of "District Annexation No. 97-F to Central Contra Costa Sanitary District (LAFC 87-55-F)" and the affected territory is legally uninhabited. Section 4. The proposed annexation is hereby approved subject to conditions that 1) the boundaries of affected territory shall be as amended and described in attached Exhibit "A," and 2) said territory shall be subject to the ordinances, rules, regulations, bonded indebtedness and contractual obligations of CCCSD. Section 5. Pursuant to Government Code Section 56029 (b), the Sanitary Board of CCCSD is hereby designated as the conducting authority; and pursuant to Government Code Section 57000, said Sanitary Board is hereby directed to initiate proceedings for the proposed annexation in compliance with this resolution. Section 6. The Executive Officer is hereby directed to mail certified copies of this resolution in the manner and as provided in Section 56853 of the Government Code. PASSED AND ADOPTED on November 18, 1987 by the following vote: AYES: Commissioners Fahden, Longshore, McNUlty, Torlakson and Uilkema NOES: None Resolution LAFC 8 ~5-F 2 I hereby certify that the foregoing is a true and correct copy of a resolution passed and adopted by said Commission on the date afore- said. DEM: ap Attachment Distribution: Roger Dolan, General Manager; CCCSD Jay McCoy, Construction Division Manager; CCCSD Bill Gregory, Real Property Specialist; CCCSD David & Karen Q. Brown R. R. Lehto III c/o William Pagano Roberta M. Morris RES, rION OF THE LOCAL AGENCY FORMAT I COMMISSION OF CONTRA COSTA COUNTY MAKING DETERM~NATIONS AND APPROVING PROPOSED DISTRICT ANNEXATION NO. 97-G TO CENTRAL CONTRA COSTA SANITARY DISTRICT (LAFC 87-55-G) The Local Agency Formation Commission finds: On September 11, 1987 Resolution No. 87-127 of the Central Contra Costa Sanitary District (CCCSD) was submitted to the Executive Officer of this Commission making application for proposed District Annexation No. 97 to said District; and At the times and in the form and manner provided by law, said Executive Officer gave notice of public hearing by this Commission upon said application; and The Executive Officer reviewed said application, caused to be prepared an initial study of the project's environmental significance and a resulting Negative Declaration, and prepared the Executive Officer Report including his recommendations therein; said application, Negative Declaration and report were presented to and considered by this Commission; and The public hearing by this Commission was held on November 18, 1987 at the time and place specified in the notice of public hearing; and At said hearing, this Commission heard and considered all oral and written protests, objections and evidence presented or filed, and all persons present were given an opportunity to be heard in respect to any matter relating to said application, Negative Declaration and report. NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED that: Section 1. The Negative Declaration finding, pursuant to the California Environmental Quality Act, that the subject project (proposed annexations as amended herein) will not have significant effect on the environment is hereby adopted. Section 2. This portion of the proposal is hereby amended to include only Annexation Parcel 9 as identified in the application, with boundaries of said parcel revised to include certain additional territory. Section 3. The proposal is assigned the designation of "District Annexation No. 97-G to Central Contra Costa Sanitary District (LAFC 87-55-G)" and the affected territory is legally uninhabited. Section 4. The proposed annexation is hereby approved subject to conditions that 1) the boundaries of affected territory shall be as amended and described in attached Exhibit "A," and 2) said territory shall be subject to the ordinances, rules, regulations, bonded indebtedness and contractual obligations of CCCSD. Section 5. Pursuant to Government Code Section 56029 (b), the Sanitary Board of CCCSD is hereby designated as the conducting authority; and pursuant to Government Code Section 57000, said Sanitary Board is hereby directed to initiate proceedings for the proposed annexation in compliance with this resolution. Section 6. The Executive Officer is hereby directed to mail certified copies of this resolution in the manner and as provided in Section 56853 of the Government Code. PASSED AND ADOPTED on November 18, 1987 by the following vote: AYES: Commissioners Fahden, Longshore, McNulty, Torlakson and Uilkema NOES: None Resolution LAFC ~.-55-G 2 I hereby certify that the foregoing is a true and correct copy of a resolution passed and adopted by said Commission on the date afore- said. DEM: ap Attachment Distribution: Roger Dolan, General Manager; CCCSD Jay McCoy, Construction Division Manager; CCCSD Bill Gregory, Real Property Specialist; CCCSD Hartz Avenue Properties Miden Associates Thurman Dannenberg Robert E. & Ruby R. Morris William W. Northrup Daniel C. & Susan M. Woolery Josephine A. Spandau )LUTION OF THE LOCAL AGENCY FORM' IN COMMISSION OF CONTRA COSTA COUNTY MAKING DE'4 .MINATIONS AND APPROVING PROPOSED DISTRICT ANNEXATION NO. 97-H TO CENTRAL CONTRA COSTA SANITARY DISTRICT (LAFC 87-55-H) AND CONCURRENT REVIEW AND UPDATE OF THE SPHERE OF INFLUENCE (SOl) BOUNDARY OF SAID DISTRICT The Local Agency Formation Commission finds: On September 11, 1987 Resolution No. 87-127 of the Central Contra Costa Sanitary District (CCCSD) was submitted to the Executive Officer of this Commission making application for proposed District Annexation No. 97 to said District; and At the times and in the form and manner provided by law, said Executive Officer gave notice of public hearing by this Commission upon said application; and The Executive Officer reviewed said application, caused to be prepared an initial study of the project's environmental significance and a resulting Negative Declaration, and prepared the Executive Officer Report including his recommendations therein; said application, Negative Declaration and report were presented to and considered by this Commission; and The public hearing by this Commission was held on November 18, 1987 at the time and place specified in the notice of public hearing; and At said hearing, this Commission heard and considered all oral and written protests, objections and evidence presented or filed, and all persons present were given an opportunity to be heard in respect to any matter relating to said application, Negative Declaration and report. NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED that: Section 1. The Negative Declaration finding, pursuant to the California Environmental Quality Act, that the subject project (proposed annexations as amended herein and the SOl amendment adopted herein) will not have significant effect on the environment is hereby adopted. Section 2. This Statement of Determinations, as set forth in attached Exhibit "B," with respect to factors specified by Government Code Section 56425 regarding SOl determinations is hereby adopted. Section 3. CCCSD SOl boundaries are hereby amended to include territory affected by this proposal as shown on the map attached as Exhibit "C." Section 4. This proposal is hereby amended to include only Annexation Parcel 10 as identified in the application, with boundaries of said parcel revised to include certain additional territory. Section 5. The proposal is assigned the designation of "District Annexation No. 97-H to Central Contra Costa Sanitary District (LAFC 87-55-H)" and the affected territory is legally uninhabited. Section 6. The proposed annexation is hereby approved subject to conditions that 1) the boundaries of affected territory shall be as amended and described in attached Exhibit "A," and 2) said territory shall be subject to the ordinances, rules, regulations, bonded indebtedness and contractual obligations of CCCSD. Section 7. Pursuant to Government Code Section 56029 (b), the Sanitary Board is hereby directed to initiate proceedings for the proposed annexation in compliance with this resolution. Section 8. The Executive Officer is hereby directed to mail certified copies of this resolution in the manner and as provided in Section 56853 of the Government Code. PASSED AND ADOPTED on November 18, 1987 by the following vote: Resolution LAFC 8. J5-H 2 AYES: Commissioners Fahden, Longshore, McNulty, Torlakson and Uilkema NOES: None I hereby certify that the foregoing is a true and correct copy of a resolution passed and adopted by said Commission on the date afore- said. I, / / / ;' , ~~we~.1E:~n~~el:;~~t~#. Executive/Officer / J /' 1/ DEM:ap Attachment Distribution: Roger Dolan, General Manager; CCCSD Jay McCoy, Construction Division Manager; CCCSD Bill Gregory, Real Property Specialist; CCCSD Paula Malcom, Secretary of the District; EBMUD Roger Ranuio, Manager of New Business; EBMUD Habitat Development Corp. Arthur Miller, Jr. Beverly Wadsworth Christopher & Arlene Groen Duane & Tresa Rough F. A. & Kathleen Horsley Page 11 of 11 EXHIBIT B FACTORS REQUIRED BY GOVERNMENT CODE 56841 WHIQ-f WERE CONSIDERED BY LAFCO (a) Population, population density; land area and land use; per capita assessed valuation; topography, natural boundaries, and drainage basins; proximity to other populated areas; the likelihood of significant growth in the area, and in adjacent incorporated and unicorporated areas, during the next 10 years. (b) Need for organized community services; the present cost and adequacy of governmental services and control s in the area; probable future needs for those services and controls; probable effect of the proposed incorporation, formation, annexation, or exclusion and of alternative courses of action on the cost and adequacy of services and controls in the area and adjacent areas. "Services," as used in this subdivision, refers to governmental services whether or not the services are services which would be provided by local agencies subject to this division, and includes the public facilities necessary to provide those serv ices. (c) The effect of the proposed action and of alternative actions, on adjacent areas, on mutual social and economic interests, and on the local governmental structure of the county. (d) The conformity of both the proposal and its anticipated effects with both the adopted commission policies on providing planned, orderly, efficient patterns of urban development, and the pol icies and priorities set forth in Government Code Section 56377 . (e) The effect of the proposal on maintaining the physical and economic integrity of agricultural lands, as defined by Government Code Section 56016. (f) The definiteness and certainty of the boundaries of the territory, the nonconformance of proposed boundaries with lines of assessment or ownership, the creation of islands or corridors of unicorporated territory, and other similar matters affecting the proposed boundaries. (g) Consistency with city or county general and specific plans. (h) The sphere of influence of any local agency which may be applicable to the proposal being reviewed. (i) The comments of any affected local agency. "--------..-. -"~.,_._~.~-_._-_.__.,--_.._._._,,-_._----"----._.,----_._-_._-~-_._----_._--_._._--.~---_._"._._-~_.._. . Centra. Contra Costa Sanitar) District BOARD OF DIRECTORS PAGE 1 OF 2 POSITION PAPER BOARD MEETING OF Februar 4, 1988 NO. V. CONSENT CALENDAR 3 ORDER COMPLETION OF DISTRICT ANNEXATION 97-A (HIDDEN POND/SADDLEHORN) DATE Januar 29, 1988 TYPE OF ACTION COMPLETE ANNEXATION OF DA 97-A SUBJECT SUBMITTED BY Denni sHall Associate En ineer INITIATING DEPT.lDIV. Engineering Department/ Construction Division ISSUE: A resolution by the District's Board of Directors must be adopted to finalize District Annexation 97-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 97. LAFCO has considered this request and has recommended that Parcel 2, as shown on the attachment, be processed as submitted. LAFCO has designated this parcel to be District Annexation No. 97-A. No public hearing is required and the annexation of this parcel can be completed. LAFCO has adopted a Negative Declaration for District Annexation No. 97-A. District staff has reviewed this Negative Declaration and concurs with its findings. The city of Martinez recently filed an application with LAFCO to annex this parcel to the City. LAFCO denied the request for annexation. The city of Martinez staff has been contacted to determine their position on the District proceeding with its annexation. The City staff has no objection to the District proceeding with the annexation of Hidden Pond/Saddlehorn. RECOMMENDATION: Adopt a resolution adopting the Negative Declaration and ordering the completion of District Annexation No. 97-A. REVIEWED AND RECOMMENDED FOR BOARD ACTION INITIATING DEPT.lDIV. ~ /11 JSM 1302'" ..9/85 ~~ ~~ N 20001'20''W IlZ.00'-~-" ~ ~5 'rr~:./\:.... i .~~.~::~ ...... 'j(;;. F:: r.~.t ('.: ,.:,:,...~ i;e" ..-~~7.,,~:.. N2S"01'30"W _/' . ..,..; 22'2 BT ) . N 8'702<;"12"W 3'28.55' AN NE:X ....r. .-. , ..... ......... PETER"" ~ L .::.(,'.- i---, ',',. ;','-:. .. t:.~ .. ~ " HUL 1'2783 O.R. 7GB EAST 2591.8'2' i \ '-- POINT OF BEGINNING ~- R1SZS00~. L= 1'::>3.'75' (f) (\J <f' co I f- 0:: o Z MUCHLlNSKI '31010 O.R 810'3 DISTRICT ANNEXATION 97 - A (PARCEL NO.2) ~ . Centr~~ Contra Costa Sanitar. District BOARD OF DIRECTORS I PAGE 1 OF 2 POSITION PAPER I BOARDME~~lb~uo:ry 4, 1988 SUBJECT NO. V. CONSENT CALENDAR 4 DATE AUTHORIZATION FOR P.A. 88-5 (ALAMO) TO BE INCLUDED IN A FUTURE FORMAL ANNEXATION TO THE DISTRICT January 26, 1988 TYPE OF ACTION ACCEPT ANNEXATION FOR PROCESSING SUBMITTED BY Dennis Hall, Associate Engineer INITIATING DEPT.lDIV Engineering Department/ Construction Division ! Owner Address Parcel No. & Acreage Remarks Lead Agency Parcel No. Area 88-5 Alamo (77E7) Peter Van Dyne, etux 238 Camille Avenue Alamo CA 94507 198-160-032 (0.61 Ac) Owner is remodeling existing home, wants to connect to public sewer. District to prepare "Notice of Exemption" CCCSD RECOMMENDATION: Authorize P.A. 88-5 to be included in a future formal annexation. REVIEWED AND RECOMMENDED FOR BOARD ACTION .A '- ~~d7::"G / ROGER J. DOLAN INITIATING DEPT.lDIV. IN /Jlfi, u15r {)H. 1302".9.'85 DH JSM RAB ALA.,O P"OPt,,,TI[$ co 139.3.. A,' . { PROPOSED ANNEXATION HA. 88-fJ '"""\. r-.. ~ \:: . Centrb. Contra Costa Sanltar ~ District BOARD OF DIRECTORS PAGE 1 OF 2 POSITION PAPER BOARD MEETING OF Februar 4, 1988 NO. v. CONSENT CALENDAR 5 SUBJECT QUITClAIM SEWER EASEMENT, JOB 3904, PARCEL NO. 2 AND 3, WALNUT CREEK AREA DATE January 26, 1988 TYPE OF ACTION APPROVE QUITCLAIM OF EASEMENT SUBMITTED BY Denni sHall Associate En ineer INITIA TING DEPT./DIV. Engineering Department/ Construction Division ~: Ottmann Properties, Ltd., owner of property at 2982-2991 Cherry Lane, Walnut Creek, has requested the District to quitclaim the subject easement which lies within thei r property. BACKGROUND: All of the structures which were served by the subject easement have been razed. A condominium project is planned to be constructed on the site, and the easement is no longer required. The existing sewer in the easement has been abandoned per District standards. RECOMMENDATION: Approve Quitclaim Deed to Ottmann Properties, Ltd., Job 3904, authorize the President of the 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 1302A-.9/85 DH JSM RAB wb D.H. /111 INITIATING DEPT.lDIV. QlIlTClAIM ".. " , \ , "/ _ ROBLE - 0---.;; _ __ ~ '- ------- .--~L__ - VICINITY MAP QUITCLAIM EASEMENTS JOB 3904 - PARCELS 2 AND 3 WALNUT CREEK AREA . Centra~ ~ontra Costa Sanitary .Jistrict BOARD OF DIRECTORS PAGE 1 OF 1 POSITION PAPER BOARD MEETING OF February 4, 1988 NO. V. CONSENT CALENDAR 6 SUBJECT DATE January 22, 1988 ADV ISE THE BOARD OF THE QOSEOUT OF THE DIMENSION 400 TELEPHONE SYSTEM PROJ ECT CDP 3693) TYPE OF ACTION INFORMATIONAL SUBMIf(~R8f. Laverty, Purchasing & Materials INITIAT~cfmDf~l~~~ative/Purchasing Officer ISSUE: All work has been completed on District's Dimension 400 Telephone System Project CDP 3693) and the project can now be closed out. BAC<GROUND: The Dimensi on 400 Telephone System was install ed at the Di strict in January 1983 to coincide with staff moving into the new Headquarters Office Buil di ng. At that time, the system was bei ng 1 eased pendi ng the total outcome of the break-up of AT&T. The initial installation cost was authorized by the Board for $49,500. In October 1983, staff and AT&T had completed negotiations for the purchase of the Dimension 400 at a cost of $82,368. The Board's approval for the purchase was obtai ned in November 1983 and additi onal fundi ng was authorized, bringi ng the capital project bal ance to $97,584. In May 1984, AT&T finally invoiced the District for the complete system and was paid. However, during this time, the District was growing in both personnel and in the mechanical equipment areas, such as operational alarm systems, that use telephone lines. Since many projects that required physical relocation of personnel were being planned, such as Planning Division to the first floor, new Mechanical Maintenance/Materials Control Buil di ng, and CSO Buil di ng renovati on, the telephone system proj ect was kept open to consolidate all of the telephone system costs. On March 19, 1987, the Board authorized an additional $6,000 to add supplemental equipment to the telephone system to both increase available capacity and to allow for system expansion in the future. The additional funding brought the total project budget to $103,584. All work has been completed and total project expenditures were $103,583, thereby returning $1.00 to the Sewer Construction Fund. RECOMMENDATION: This matter is presented as an informational item, and no Board action is required. REVIEWED AND RECOMMENDED FOR BOARD ACTION . Centr&.. Contra Costa Sanltat I District BOARD OF DIRECTORS PAGE 1 OF 1 POSITION PAPER BOARD MEETING OF Februar 4 CONSENT CALENDAR 7 1988 NO. V. DATE J anua TYPE OF ACTION SUBJECT ADOPT A RESOLUTION ELECTING TO RECEIVE AN ALLOCATION OF TAX REVENUES FROM THE PLEASANT HILL BART STATION REDEVELOPMENT PROJECT AREA ADOPT RESOLUTION SUBMITTED BY Jay S. McCoy Construction Division Mana er INITIA TING DEPT.lDIV. Engineering Department/ Construction Division ISSUE: The Board of Directors must pass a resolution to receive future ad valorem tax revenues fran the properties included within the boundaries of the project area of Contra Costa County's Pl easant H ill BART Stati on Redevelopment Proj ect Plan Amendment. BAO<GROUND: Central Contra Costa Sanitary (CCCSD) is authorized, pursuant to Health and Safety Code Section 33676, to elect to receive its maximum allocation of property tax revenues fran properties within redevelopment project plans. Contra Costa County has proposed an amendment to the Pl easant Hill BART Stati on Area Redevelopment Plan which adds properties to the original redevelopment area. The Auditor-Controller of Contra Costa County has notified CCCSD that CCCSD can elect to receive its share of future tax revenues fran the added properties. If CCCSD el ects to receive its maximum all ocabl e share of future tax revenues, a resolution must be adopted by the Board of Directors stating that CCCSD makes said election. The resolution must then be sent to the County Board of Supervisors, the Contra Costa County Redevelopment Agency and the Auditor-Controller to guarantee the receipt of the revenues. It is staff's position that it is in the best interest of CCCSD to elect to receive its full all ocated share of tax revenues i ncl udi ng any all ocati on of excess revenues under Health and Safety Code Section 33670(b). By so doing, the District will receive its share of increased property tax revenues due to the annual two percent increase in assessed valuations for properties not changing ownership as provided by the Revenue and Taxation Code. The District will also conti nue to receive property tax revenues based on the assessed val ue of all taxable properties for fiscal year 1987-88 (base year). Increases in tax revenues due to other increases in assessed valuations will accrue to the redevelopment agency. RECOMMENDATION: Adopt a resol uti on el ecti ng to receive an all ocati on of tax revenues fran properties within the Pleasant Hill BART Station Area Redevelopment Pl an Amendment. 1302A ..9/85 JSM RAB . GR./CHIEF ENG. eL INITIATING DEPT.lDIV. /~ . Centra~ ~ontra Costa Sanitar). Jistrict BOARD OF DIRECTORS PAGE 1 OF 2 POSITION PAPER BOARD MEETING OF February 4, 1988 NO. v. CONSENT CALENDAR 8 SUBJECT ADOPT A RESOLUTION ESTABLISHING THE 1987-1988 APPROPRIATIONS LIMIT IN ACCORDANCE WITH ARTICLE XIII B OF THE CALIFORNIA CONSTITUTION (PROPOSITION 4) DATE January 19, 1988 TYPE OF ACTION ADOPT APPROPRIATIONS LIMIT SUBMITTED BY INITIATING DEPT.lDIV. Walter N. Funasaki, Finance Officer Administrative/Accounting & Finance ISSUE: The Central Contra Costa Sanitary District is required to establ ish its appropriations limit in accordance with Article XIII B of the California Constitution. BAC<GROUND: On January 7, 1988, the Board of Directors authorized posting a public notice of the avail abil ity of documentation in support of the District's appropriations limit. As statutorily required, the public notice was made at least 15 days prior to the February 4, 1988 Board Meeting at which the adoption of the appropriations limit is recommended. The Sewer Construction Fund (Capital Fund) appropriations limit is $9,264,682 for the 1987-1988 fiscal year. RECOMMENDATION: Adopt a resolution establishing the Sewer Construction Fund appropriations 1 imit in the amount of $9,264,682 for the 1987-1988 fiscal year, in accordance with Article XIII B of the California Constitution. REVIEWED AND RECOMMENDED FOR BOARD ACTION INITIATING DEPT.lDIV. ~^"~~ 1302A-9/85 :\ , RESOlUTION NO. 88- A RESOlUTION ESTABLISHI~ llIE APPROPRIATIONS LIMIT FOR FISCAL YEAR 1987-1988 WHEREAS, the Central Contra Costa Sanitary Di strict is requi red under Article XIIIB of the State of California Constitution to establish and adopt an Appropriations Limit for each fiscal year; and WHEREAS, the District has determined the Appropriations Limit of its Sewer Construction Fund (Capital Fund) for fiscal year 1977-1988 to be $9,264,682 . NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the Central Contra Costa Sanitary District, does hereby adopt the Appropriations Limit for said Fund in the amount of $9,264,682 for the fiscal year ending June 30, 1988. PASSED AND ADOPTED this 4th day of February 1988, by the District Board 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 Central Contra Costa Sanitary District, County of Contra Costa, State of California Approved as to Form: James L. Hazard District Counsel . Centrc..~ Contra Costa Sanitar I District BOARD OF DIRECTORS PAGE 1 OF POSITION PAPER BOARD MEETING OF February 4, 1988 NO. VI. ENGINEERING 1 SUBJECT AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXEaJTE AN AGREEMENT WITH CONTRA COSTA WATER DISTRICT (CQoID) AND JAMES M. MONTGOMERY CONSULTING ENGINEERS, INC. (JMM) FOR PROFESSIONAL SERVICES RELATED TO THE WATER REQ AMATION PROJ ECT DATE February 1, 1988 TYAo-P8~~I~~ AGREEMENT SUBMITTED BY INITIATING DEPT./DIV. Joye L. Kurasaki, Associate Engineer Engineering Dept./Planning Division ISSUE: Authorization of the Board of Di rectors is requi red for the General Manager-Chief Engineer to execute an interagency agreement and a professional service agreement greater than $50,000. BACKGROUND: The District and CQoID initiated a Joint Water Reclamation Study in November of 1986. As discussed in the Capital Improvement Budget on page TP 131, it was anticipated that the Joint Study would require follow-up studies prior to implementing a reclamation project. At the District's and CQoID's Board of Directors joint Board meeting on September 24, 1987, staff presented findings of the Joint Study. One major finding of the study was that use of reclaimed water in industrial cooling towers was potentially cost effective and could be implemented this summer as a demonstration project if the existing facilities could be used (e.g. the District's filter plant) and if regulatory and contractual issues coul d be rasol ved. Thi s position paper presents the progress staff has made on the project since the joint Board meeting, the project approach, and an estimate of the capital cost of the demonstration phase of the Industrial Water Recl amation Project. Since impl ementation of the demonstration phase of the Industrial Water Reclamation Project was not anticipated in the Capital Improvement Budget for 1988, the ori gi nal cost estimate for the proj ect has been revi sed. After the joint Board study session, the District and CQoID have been actively developing an Industrial Water Reclamation Project. Staff has met with representatives of Shell Oil Company, Tosco Corporation, and Stauffer Chemical to determine the feasibil ity of an Industrial Water Recl amation Project. Based on these meetings, it appears that three to five million gallons per day of reclaimed effluent could potentially be used by Shell and Tosco this summer on a short term, demonstration basis. Following the six month to one year demonstration period, CCCSD, C()ID, and the industries can review the results of the Demonstration Project to determine the most viable long term water reclamation project. Based on this review, an approach to implementing the long term project would be developed. Significant progress has been made to identify and resolve critical issues that must be resolved before the Demonstration Industrial Water Recl amation Project can be impl emented. These critical issues and project progress are summarized in Attachment A. REVIEWED AND RECOMMENDED FOR BOARD ACTION J7V/~ rJ1$ INITIATING DEPT./DIV. SUBJECT AUTHORIZE ll-IE GENERAL MANAGER-CHIEF ENGINEER TO EXEa.JTE AN NJREEMENT WITH CONTRA COSTA WATER DISTRICT (CQolD) AND JAMES M. MONTGOMERY CONSULTING ENGINEERS, INC. (JMM) FOR PROFESSIONAL SERVICES RELATED TO lHE WATER REQ AMATION PROJ ECT POSITION PAPER PAGE 2 OF 6 DATE February 1, 1988 In order to impl ement the Demonstrati on Proj ect, CO'lD and the Di stri ct must receive a Regional Water Qual ity Control Board (RWQCB) Waste Discharge Permit, determi ne the qual ity and total cost of the recl aimed water, rehabilitate the filter plant, and negotiate water reclamation agreements. The District and CQolD staffs recommend contracting with the consulting firm of James M. Montgomery Engineers (JMM) to aid the Districts' staffs. JMM would evaluate and review data from the pilot test program to address the industries' technical questions and concerns and would determine the District's, CO'lD's and industries' operating costs. They woul d prepare the RWQCB Waste Di scharge Permit application and provide technical support to negotiate the contract issues relative to a reclaimed water contract (both between CQolD and the District and between CQolD and the industries). This scope of work was developed by a joint task force of Di stri ct staff and CQolD staff. JMM has been sel ected based on thei r experi ence with water reclamation for industrial reuse and previous work on the project. The proposed agreement between the District and CO'lD calls for all consultant costs to be evenly divided, and for the technical direction of the project to be conducted by James M. Kelly of the District and Lee Aldridge, Director of Engineering, of CQolD. A cost reimbursement type contract with a cost ceiling of $110,800 has been negotiated with JMM. The District's share of this contract is $55,400. There are several technological, instituti onal, regul atory, and cost probl ems that must be overcome to make industrial water reclamation a long-term reality. Significant regul atory issues have evolved as a result of the most recent San Francisco Bay RWQCB Basin Plan update and the development of regulatory standards since the District's filtration facilities were originally constructed. CCCSD and CQolD staffs, along with JMM, have made considerable progress with the regulatory agencies and with the industries to overcome these problems, but more work needs to be done. The data gathered during the Demonstration Project will determine the long term viability of the Industrial Water Reclamation Project. The current planning level budget for the Demonstration Project is $645,000 to $1,195,000. The budget shown in the Capital Improvement Budget is $120,000. The fiscal year 1987-88 Capital Improvement Budget System allows the actual project budgets to vary from the original estimates incl uded in the Capital Improvement Budget document so long as the aggregate expenditures for the proj ects do not exceed the Program Budget total. Staff is monitori ng actual versus estimated allocations within the treatment plant program budget and will present a comprehensive mid-year status report for Board consideration at the next Board meeting. At this time, additional funds are not needed. If additional funds are needed, a request will be made at a later date along with a detailed description of the basis of the request. Estimated capital costs for the demonstration phase of the Project are summarized in Attachments Band C. RECOMMENDATION: Authorize the General Manager-Chief Engineer to execute an agreement with JMM for Phase II of the Industrial Water Reclamation Project and to execute an agreement with CQolD to equally share the JMM costs for Phase II. 13026-9/85 e 3 of 6 ATTACHMENT A CRITICAL WATER RECLAMATION ISSUES CCCSD Facility Rehabilitation - The proposed Demonstration Project would utilize the District's Filter Plant. A facilities' assessment of the filtration plant has determined the improvements needed to provide filtered water to the industries during the Demonstration Project. Attachment B presents a cost estimate of $235,000 of improvements that will be required for the Filter Plant to make it acceptable to the regulatory agencies for the Demonstration Project. (This does not i ncl ude fil ter medi a repl acement. ) The proposed Fil ter Pl ant improvements will have to be approved by the Department of Health Services (DOHS). One issue that is currently in question is the adequacy of the presently installed Filter Plant filter media. Tests by JMM have shown that the medi a may not meet regul atory criteri a for particl e size gradation. By operating the Filter Plant at a reduced loading rate during the Demonstration Project, it may be possible to avoid replacing the media until a decision is made to proceed with a long-term project. The Pl ant Operati ons Department wl1 1 conduct a test to determine the adequacy of the existing media for the Demonstration Project in April 1988. If the media has to be replaced, the cost of improving the District's Filter Plant for the Demonstration Project could be as high as $785,000 (instead of $235,000) and the Demonstration Project could not start until fall, 1988 at the earliest to allow time to bid the media replacement work. To have the filters operational by summer of 1988, certain improvements are now being initiated by District forces. Equipment and media replacement will be brought to the Board for award of contract as appropri ate. Regulatory Approval - Staff has held meetings with the Regional Water Qual ity Control Board (RWQrn) and the DOHS. The major outcome of the meeting is that the RWQrn staff will ask their Board to adopt a resolution waiving any violations of the industries' NPDES permit resul ti ng from use of recl aimed water duri ng the initi al six months to a year of operation of a Demonstration Project. The District will submit a Waste Discharge Permit appl ication to the RflQrn for the Demonstration Project in early February. This appl ication will demonstrate compliance with Department of Health requirements related to filtration, disinfection, and reliability. Staff has proposed that the existing media in the filter plant not be replaced for the demonstration project. The DOHS will have to approve this proposal. Cooling Tower Water Quality - The industries' key water quality concerns with use of reclaimed water for cooling tower makeup are: o increased chemical and biological fouling, o increased corrosion, primarily due to ammonia in the reclaimed water, and o reduced system reliability. je 4 of 6 The industries' chemical supply companies are testing filtered, softened effluent to determine the chemicals and cost for treating the reclaimed water. The chemical companies will conduct a pilot test to final ize their treatment chemical recommendations. The chemical cost to maintain the industries' system reliability is one of the key factors that wlll determine the cost to the industries for treating and using reclaimed water. The treatment costs based on the first pilot test should be available in mid-February. Health Risks - The industries have also indicated a concern about health effects ri sk of employee exposure to cool i ng tower mi st when recl aimed water is used. The DOHS staff have stated that they wll 1 requi re the reclaimed water to comply with the most stringent standard, which virtually el iminates the risk of disease transmission from exposure to recl aimed water. Staff has found that this same treatment is in use in two simil ar appl ications in Southern Cal Horni a. Records from these facilities show no increase in health risks associated with the use of recl aimed water for cool ing tower make-up. Staff is investigating a joint field trip with staff from CQ1D, Shell and TOSca to the Southern Cal Hornia appl1cations to alleviate the industries' health risk concerns. ~e 5 of 6 ATTACHMENT B PROJ ECT COST ESTIMATES FOR THE DEMONSTRATION PROJECT FILTER PlANT MODIFICATIONS Filter Plant Modifications to Meet Title 22 Regulations $ 60,000 Equipment and Force Account Labor Cost 175,000 TOTAL COST WITHOUT MEDIA REPLACEMENT $235,000* Contingency for Filter Media Replacement 550,000 TOTAL COST WITH MEDIA REPLACEMENT $785 ,000* *The $235,000 estimate assumes that the demonstration project can be done with the existing CCCSD Filter Plant media. If media replacement is required, this cost wll 1 increase as much as $550,000,dependi ng on how many of the fil ter bays will need to be replaced. Additional work wlll need to be done on the Filter Pl ant to prepare it for long-term water recl amati on if the Di strict and CCl'lD decide to pursue this course after the Demonstration Project. e 6 of 6 ATTACHP-ENT C COST ESTIMATE FOR THE DEMONSTRATION PHASE OF THE INOOSTRIAL WATER REQAMATION PROJECT Filter Plant Modifications $ 235,000 (a) District Force Account 120,000 Legal 10,000 Outside Services Contract Phase II JMM Contract (CCCSD Portion 55,400 (b) thru 5/88) JMM Cost of Service Analysis 10,000 (b) Laboratory Analytical Services 40,000 JMM Design (anticipated services 5,000 during Demonstration Project) JMM Services during Demonstration 40,000 (b) Project Nitrification Analysis 40,000 Demonstration Proj ect Report 50,000 Subtotal $ 605,000 Contingency 39,600 TOTAL COST WITHOUT MEDIA REPLACEMENT $ 645,000 Media Replacement Contingency 550,000 (a) TOTAL COST WITH MEDIA REPLACEMENT $1 , 195 ,000 (c) (a) From Attachment B. (b) These costs are the District's share; the total cost will be split 50-50 with CCWD. (c) Amount expected to be expended at the end of the Demonstration Project. Th is does not i ncl ude the increase in O&M costs as a resul t of the nitrification test or for running the Filter Plant. . Centr~_ Contra Costa Sanitar I District BOARD OF DIRECTORS PAGE 1 OF 1 POSITION PAPER BOARD MEETING OF Februar 4, 1988 NO. VI!. TREATMENT PLANT 1 SUBJECT DATE AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT FOR $58,000 WITH PACIFIC GAS AND ELECTRIC FOR DESIGN AND INSTALLATION OF A PARALLEL 115,000 VOLT POWER CONNECTION January 25, 1988 TYPE OF ACTION AUTHORIZATION SUBMITTED BY James L. Bel cher sociate En ineer INITIATING DEPT.lDIV Plant Operations Department ISSUE: Authorization by the Board of Directors is required for the General Manager-Chief Engineer to execute contracts in excess of $50,000. BACKGROUND: Capital Project TP-80, Treatment Plant Electrical System Improvements, identified this improvement to the treatment plant's electrical system as one of three specific actions available to increase the treatment plant's electrical system reliability. The treatment plant is supplied electrical power from one of two available parallel Pacific Gas and Electric (P. G. & E.> 115 kilovolt transmission lines. P. G. & E., for maintenance and operations reasons, frequently takes one feeder out of service; this feeder switching causes the treatment plant to temporarily lose power. Although the District has emergency back-up power for some critical equipment, the power interruption imposes increased equipment maintenance requirements and additional operational problems. Installation of a parallel power connection will allow uninterrupted electrical service to the treatment plant during planned P. G. & E. transmission line switching. District staff has determined that this project is categorically exempt under the District's CEQA guidelines. RECOMMENDATION: Authorize the General Manager-Chief Engineer to execute an agreement with P. G. & E. for $58,000 to design and install a parallel power connection on the 115 kilovolt transmission line. REVIEWED AND RECOMMENDED FOR BOARD ACTION 1302A..9/8S . Central ~ontra Costa Sanitary LJistrict BOARD OF DIRECTORS PAGE 1 OF 13 POSITION PAPER BOARD MEETING OF February 4, 1988 NO. IX. BUDGET AND FINANCE 1 SUBJECT DATE January 29, 1988 RECEIVE THE 1987-1988 OPERATIONS AND MAINTENANCE BUDGET REVIEW FOR THE SIX MONTHS ENDED DECEM3ER 31, 1987 TYPE OF ACTION RECEIVE BUDGET REV IEW SUBMITTED BY INITIATING DEPT.lDIV. Walter N. Funasaki, Finance Officer Administrative/Finance & Accounting ISSUE: A report of the results of a comparative review of actual and budgeted Operations and Maintenance (O&M) revenues and expenses for the first six months of the 1987-1988 fiscal year is provided in this Position Paper. BACKGROUND: A comparison of actual and budgeted District O&M revenues and expenses for the six months ended December 31, 1987, and projected revenues and expenses for the fiscal year ending June 30, 1988 is summarized below: Six Moaths Ended o.c.ber 31, 1987 Fiscal Vear Ending June 30, 1988 hriance Variance Favorable <Unfavorable> Favorable <Unfavorable> Actual Budget Mount --L- proj ec:ted Budget Mount ~ Revenues: .3 Sewer Service Charges $7,600,848 7,508,015 92,833 1.2 14,589,904 14,553,335 36.569 City of Concord 809.756 912.500 <102.744> <11.3> 3,785,000 3,650.000 135,000 3.7 other 801,492 763,657 37,835 5.0 1.512.700 1.512.700 Total Revenues 9,212.096 9,184,172 27,924 .3 19.887,604 19.716.035 171,569 .9 Expenses : 9,962> .6> 3.083 ,442 3,073,698 < 9,744> < .3> Admlnstratlve 1,507,109 1,497,147 < < Engineering 1,300,956 1,402,821 101.865 7.3 2.719.323 2.817,941 98.618 3.5 Collection Syst_ Oper. 1.541,707 1,503,412 < 38.295> < 2.4> 3,026 ,844 3.033.997 7.153 .2 Plant Operations 4.964.361 5,033,559 69,198 1.4 10,160.348 9,784,348 <376,000> <3.8> Pumping Stations 515.642 576,889 61,247 10.6 1.092,822 1.107,858 15,036 1.4 Total Expenses 9.829,775 10.013 ,828 184,053 1.8 20,082.779 19,817.842 <264,937> <1.3> Operating Deficit S 617.679 829.656 211.977 195,175 101,807 < 93 .368> Reserves-End of Vear $5,780.430 Based on the results of the first six months of the 1987-1988 fiscal year, projections have been made of revenues and expenses for the full fiscal year. District revenues are projected to total $19,887,604 for the fiscal year, which are $171,569, or .9%, higher than budgeted revenues of $19,716,035. Expl anati ons of major variances between projected, or actual, revenues and budgeted revenues for the fiscal year and the six month period are presented in Attachment 1. District expenses are projected to be $20,082,779 for the fiscal year, which exceed budgeted expenses of $19,817 ,842 by $264,937, or 1.3%. Variances between projected, or actual, expenses and budgeted expenses for the fiscal year and the six month period are described by major expense categories on Attachment II. Explanations of major over or underexpended accounts are provided by department on Attachment III. RECOMMENDATION: Receive the 1987-1988 Operations and Maintenance Budget Review for the six months ended December 31, 1987, and provide comments and guidance to District staff. INITIATING DEPT.lDIV. d~~ 1302A.9/85 WNF REVIEWED AND RECOMMENDED FOR BOARD ACTION ATTAQiMENT I CENTRAL CON1RA COSTA SANITARY DISlRICT REYEMJE ACCOUNT VARIANCE EXPlANATIONS FOR THE SIX I<<)N1HS EII>ED DECEJoBER 31. 1987 AtI) FISCAL. YEAR Etl>ING JUNE 30. 1988 Sfx Months Ended Dece.ber 31. 1987 Fiscal Year Ending June 30. 1988 Variance Variance Favorable <Unfavorable> Favorable <Unfavorable> Revenue Account Actual Budget Amount ---L- Proj ected BUdget Amount ---L- Sewer Service Charges (1) $ 7,600,646 7,506,015 92,633 1.2 $14,569,904 14,553,335 36,569 .3 Service Charges- Concord (2) 809,756 912,500 <102,744> < 11.2> 3,785,000 3,650,000 135,000 3.7 Lateral Inspection (3) 35,943 55,679 < 19,936> < 35.6> 60,000 100,000 < 40,000> <40.0> Mafn Lines Inspection (4) 65,286 106,676 < 21,590> < 20.1> 160,000 190,000 < 30,000> <15.8> Septic Tank Dumping (5) 42,963 22,200 20,763 93 .5 67,000 46,000 19,000 4.0 Other Servfce Charges (6) 9,211 37,000 < 27,769> < 75.0> 74,000 74,000 0 0.0 New Industry Permft Fees (7) 0 22,000 < 22,000> <100.0> 40,000 40,000 0 0.0 Miscellaneous Income (6) 76,549 7,500 71,049 947.3 66,000 15,000 71,000 473.3 6,662,556 6,671,970 < 9,414> < .1> 18,661,904 16,670,335 191,569 1.0 All Other Accounts 549,540 512,202 37,336 7.3 1,025,700 1,045,700 < 20,000> < 1.9> $ 9,212,096 9,164,172 27,924 .3 $19,667,604 19,716,035 171,569 .9 Variance Explanations: (1) Sewer Service Charges for the first six month period exceeded budget by $92,833 primarily as a resul t of higher revenues from di rect billed accounts due to greater than anticipated water consumption by commercial business accounts. As Sewer Service Charge revenues for the second six month period are projected to be sl ightly less than budget, the favorable variance for the fiscal year is estimated to be $36,569. (2) Sewer Service Charges-Concord was $102,744 less than budget for the first six month period; the payment recorded in the first six months merely represents an advance payment of one-half of the billing for the last half of the prior fiscal year. The projected revenues for the fiscal year exceed budget by $135,000, reflecting the shared effect of the Treatment Plant's projected overexpenditure in operating expenses. (3) Lateral Inspection revenues for the first six month period were $19,936 less than budget primarily due to a lower rate of general construction and housing starts than was anticipated, and a new fee structure which was adopted in November 1987. Projected revenues for the fiscal year are $40,000 less than budget as a result of the continued effect of the causes for the underrealization in the first six months. -2- (4) Main Lines Inspection revenues for the first six month period were $21,590 less than budget primarily due to a smaller number of main 1 ine projects than anticipated, and a new fee structure which was adopted in November 1987. Proj ected revenues for the fiscal year are $30,000 less than budget as a result of the continued effect of the causes for the underrealization in the first six months. (5) Septic Tank Dumping revenues for the first six month period were $20,763 higher than budget primarily due to a 1 arger vol ume of trucked-in waste than anticipated; since implementation of restrictions on the geographical limits of the source of wastes in September 1987, waste vol ume has decreased, and revenues for the fiscal year are projected to be $19,000 higher than budget. (6) Other Service Charges for the first six month period were $27,789 less than budget primarily because a bill ing to St. Mary's College for the first six months was not processed pending the finalization of negotiations regarding the billing formula; the revenue for the fiscal year is projected to be equal to budget. (7) New Industry Permit Fees for the first six month period were $22,000 less than budget primarily because a $12,351 payment was recorded in another revenue account; after adjustment for this misposting, and increased billings arising from the I.T. permit review process in the second six months, revenues in this account are projected to equal budget. (8) Miscellaneous Income was $71,049 higher than budget for the first six month periOd, and projected for the fiscal year, primarily because of the gain on the sale of District real property in Orinda. -3- .\ Attachment II CENTRAL (X)N1RA OOSTA SANITARY DISTRICT SUMMARY OF ACTUAl. Nf) BUlGElED O&M EXPENSES BY EXPENSE CAlEGClRY FOR lHE SIX tIlNlHS EJl>ED DECEJeER 31. 1987 All) THE FISCAL YEAR EJl>It13 JUNE 30. 1988 Six Months Ended o.c-ber 31. 1987 Variance Favorable <Unfavorable> Expense Category Actual Budget ~ ....L- Labor and Employee Benefits (1) $ 6,936,442 7,055,150 118,708 1.7 Utilities (2) 1,354,073 1,380,740 26,667 1.9 Chemicals (3) 670,211 518,621 <151,590> <29.2> All other 2,053,367 2,227 ,113 173,746 7.8 Total District Expenses 11 ,014,093 11,181,624 167.531 1.5 Total Capitalized Expenses <1,184,318> <1,167,796> 16,522 1.4 Net District Expenses 9,829,775 10,013 ,828 184 ,053 1.8 Variance Explanations: (1) Labor and Employee Benefits: Fiscal Year Ending June 30. 1988 Variance Favorable <Unfavorable> Proj ected BUdaet Amount ....L- $13,980,218 14,164,640 184,432 1.3 2,791,772 2,639,378 <152,394> <5.8> 1,350,226 1,031,976 <318,250> <30.8> 4,031,082 4,319,096 18,014 .4 22,423 ,288 22,155,090 <268,198> <1.2> <2,340,509> <2,337,248> 3,261 .1 20,082,779 19,817,842 <264,937> <1.3> The favorable variances of $118,708 for the six month period, and $184,432 projected for the fiscal year are primarily the result of unfilled authorized job positions, principally within the Plant Operations and Collection System Operations Departments. (2) Util iti es: The favorable variance of $26,667 for the six month period is primarily the result of the following causes within the Plant Operati ons Depa rtment and Pumpi ng Stati ons operati ons: a lower electrical energy and demand charge and deferring the shutdown of an auxil iary boiler to the second six month period, offset by overexpenditures in natural gas due to higher usage caused by modifications to furnace operations and initiation of the nitrification process in the latter half of the six month period. The unfavorable variance of $152,394 for the fiscal year is primarily the result of higher electrical rates anticipated in the second six month period, and higher natural gas usage requi red by the operational changes described above. (3) Chern i ca 1 s: The unfavorable variances of $151,590 for the six month period, and $318,250 projected for the fiscal year, are primarily caused by higher than budgeted use of lime, chlorine and polymer necessitated by modifications to the treatment plant's furnace operation and the initiation of nitrification in the treatment process. -4- ATTAa-tMENT III CENTRAL CONlRAL COSTA SANITARY DISTRICT EXPENSE ACCOUNT VARIANCE EXPLANATIONS FOR lHE SIX MONlHS EN>ED DECEJeER 31. 1987 ADMINISTRATIVE DEPARTMENT Six Months Review: Operations and maintenance expenses for the six months ended December 31, 1987 totaled $1,507,109, and were $9,962 higher than budgeted expenses of $1,497,147. The .6% overexpenditure is primarily the resul t of the following expense account variances: Professional Services expense of $24,401 is $8,301 higher than budgeted expense of $16,100 for the six month period primarily because of the District's share of the expense of the Price Waterhouse review of the landfill disposal fee increase and services related to establishment of a Solid Waste Joint Exercise of Powers Agreement which were unanticipated. The District will recover the expense of the Price Waterhouse reviews through the franchise fee revenue account. This account is projected to be $3,000 overexpended for the fiscal year. Legal Services-Board expense of $33,737 is $9,237 higher than budgeted expense of $24,500 for the six month period primarily because of unanticipated legal services by District Counsel related to the 1987 refuse coll ecti on rate rev i ew process. The Di strict will recover such legal expenses through the franchise fee revenue account. This account is projected to be $10,000 overexpended for the fiscal year. Technical Services expense of $63,579 is $14,456 less than budgeted expense of $78,215 for the six month period primarily due to deferring until the next fiscal year services such as supervisory trai ni ng, workers' compensati on cl aims control analysi s, and property appraisals. This account is projected to be $17,918 underexpended for the fiscal year. Election expense of $28,701 was not budgeted, as the date of el ecti on of Board Members was changed to be coi nci dent with the general elections. However, contrary to information provided during budget preparation, the expense for the notification to the electorate of the change was charged to the District by the County. This account is projected to be $28,701 overexpended for the fiscal year. -5- Employee Benefit Expenses, comprised of Workers' Compensation Insurance, State Unemployment Insurance, Federal Medicare Tax, Medical and Health Insurance, Retirement Contribution, Deferred Compensation Contribution, Dental Insurance, Long-Term Disabil ity Insurance, Life Insurance and Vision Care Insurance, totaled $1,615,398, and were $25,298 higher than budgeted employee benefits expenses of $1,590,100 for the six month period. Expenditures in these accounts are recorded in the Administrative Department, and are allocated to each department through the Employee Benefits-Contra account. Major account variances are explained be 1 ow : Workers' Compensation Insurance expense for the first six months is equivalent to budget, as the actual expense is not determined until the end of the fiscal year when actual payroll expense and the return premium for the prior year are known. The budgeted expense for the fiscal year incl uded a $100,000 return premium credit for the 1986-1987 policy year. Based on favorabl e cl aims experience for that year, a $158,000 return premium is projected, which will produce a $58,000 underexpenditure in the account. Retirement Contributions were $46,429 higher than budget for the six month period because of a lower than actual estimated contribution rate used in developing the budgeted expense before the final rate was establ ished by the County; for the fiscal year, this account is projected to be $93,000 higher than the budgeted expense. Deferred co.pensation Contributions were $21,190 less than budget for the six month period as a resul t of lower than budgeted salaries and wages; for the fiscal year, this account is projected to be $22,000 less than budget. Long-Tenm Disability Insurance was $10,502 less than budget for the six month period because of a change in insurance carriers to obtain comparable coverage at a lower premium expense; for the fiscal year, this account is projected to be $21,000 less than budget. The balance of the six month overexpenditure of $10,561 occurred in the remaining employee benefits expense accounts. For the fiscal year, the variance between actual and budgeted expenses for all employee benefits expense accounts are projected to result in a net overexpenditure of $14,200. for all other departmental expense accounts, the actual expense for the six month period was within $5,000 of budgeted expense. The cumulative net variance between actual and budgeted expenses for all these accounts for the fiscal year is projected to be $5,039 underexpended. -6- Fiscal Year Projection: The Administrative Depar1lnent's operation and maintenance expenses are projected to be $9,744 overexpended for the fiscal year ending June 30, 1988, as a result of overexpenditures of $3,000 in Professional Services, $10,000 in Legal Services-Board, and $28,701 in Election Expense, offset by underexpenditures of $17,918 in Technical Services and $5,039 in all other expense accounts. Et<<2INEERIt<<2 DEPARTMENT Six Month Review: Operations and maintenance expenses for the six months ended December 31, 1987 totaled $1,300,956,and were $101,865 less than budgeted expenses of $1,402,821. The 7.3% underexpenditure is primarily the result of the following expense account variances: Salaries and Wages and related employee benefits expenses of $2,109,607 are $67,837 higher than budgeted expenses of $2,041,770 for the six month period primarily because of the earl ier than scheduled transfer of two employees to fill positions in the department, and higher than budgeted overtime charges. These accounts are projected to be $54,591 overexpended for the fiscal year. Technical Services expense of $60,683 is $31,447 less than budgeted expense of $92,160 for the six month peri od because a number of studi es and activ iti es by outsi de fi rms have been deferred to the second six months of the fiscal year. The studies and activities include software development for capital budgeting, user fee analysis, Concord flow monitoring and an industrial user survey. This account is projected to be $3,800 underexpended for the fiscal year. other Outside Services expense of $54,563 is $5,437 less than budgeted expense of $60,000 for the six month period because of a lower than anticipated processing charge by the Contra Costa County for billing and collecting the District's Sewer Service Charge on the County's real property tax rolls. This account is projected to be $5,437 underexpended for the fiscal year. Salaries and Wages-Contra and related capitalized expenses of $1,025,139 are $104,932 higher than budgeted capitalized expenses of $920,207 for the six month period because of greater than anticipated District forces labor charges expended on capital proj ects. These capital proj ects incl ude the Outfall proj ect, Walnut Creek Bypass, Dewatering System Improvements, Furnace Control Room, Mechanical Maintenance/Warehouse Building, San Ramon Trunk Sewer and Hydraulics Improvements. -7- These capital ized wages and employee benefits are projected to exceed budget by $131~270 for the fiscal year. For all other departmental expense accounts~ the actual expense for the six month period was within $4~OOO of budgeted expense. The cumulative net variance between actual and budgeted expenses for all these accounts for the fiscal year is projected to be $12~772 underexpended. Fiscal Year Projection: The Engineering Department's operations and maintenance expenses are projected to be $98~618 underexpended for the fiscal year ending June 30~ 1988~ as a result of underexpenditures of $3~800 in Technical Services~ and $5~437 in Other Outside Services~ and higher than budgeted Salaries and Wages-Contra and related capitalized expenses of $131~200~ offset by an overexpenditure of $54~591 in Salaries and Wages and related employee benefits; a $12~ 772 underexpenditure is projected in all other expense accounts. OOlLECTION SYSTEM OPERATIONS DEPARTJENT Six Months Review: Operations and maintenance expenses for the six months ended December 31~ 1987 totaled $l~541~707~ and were $38~295 higher than budgeted expenses of $l~503~412. The 2.4% overexpenditure is primarily the result of the following expense account variances: Salaries and Wages and related e.ployee benefits expenses of $1~149~083 are $45~120 less than budgeted expenses of $1~194~203 for the six month period primarily because of unfilled positions during the first six months of the fiscal year. These accounts are projected to be $82~095 underexpended for the fiscal year. Gasoline, Oil, and Fuel expense of $32~782 is $5~782 higher than budgeted expense of $27 ~OOO for the six month period primarily because of increases in gasoline prices and the imposition of a new federal exci se tax on gasol i ne purchases~ which were not anticipated. This account is projected to be $8~782 overexpended for the fiscal year. Operating Supplies expense of $167~761 is $24~269 higher than budgeted expense of $143,492 for the six month period primarily due to greater than anticipated use of sewer pipe and backfill caused by increased repair activity. This account is projected to be $24~270 overexpended for the fiscal year. -8- Safety Supplies expense of $22,199 is $12,201 higher than budgeted expense of $9,998 for the six month period because of an unplanned expenditure of $9,000 to upgrade traffic control equipment to current standards, and a greater than anticipated demand for protective equipment for personnel. This account is projected to be $12,178 overexpended for the fiscal year. Outside Repairs and Maintenance expense of $100,674 is $2,262 less than budgeted expense of $102,936 for the six month period because of the deferral of certain manhole raising repair projects to the second six month period. This account is projected to be $12,191 overexpended for the fiscal year as a resul t of a greater than anti ci pated number of manhol e raising projects required to be completed during the second six months of the fiscal year. Rents and Leases expense of $22,454 is $8,170 higher than budgeted expense of $14,284 for the six month period primarily because of greater than anticipated use of a rented small backhoe for use in off-road repairs. The small backhoe substantially reduces the manual labor required for such repairs, and achieves reductions in work time and the incidence of strain-type injuries. The purchase of a small backhoe in the 1988-1989 Equipment Budget is under rev i ew . This account is projected to be $16,078 overexpended for the fiscal yea r . Technical Services expense of $59,556 is $27,706 higher than budgeted expense of $31,850 for the six month period because of the use of temporary agency personnel primarily for unfilled staff positions and special tasks. Therefore, the overexpenditure in this account is offset by the previously described underexpenditure in the Salaries and Wages and related employee benefits accounts. This account is projected to be $30,381 overexpended for the fiscal year. Janitorial and Refuse R.oval expense of $24,681 is $9,681 higher than budgeted expense of $15,000 for the six month period primarily because the once a year hauling of excavated soil prOduced by District repair activities from the Springbrook Road site to a disposal site occurred in the first six month period. This account is projected to be $1,718 underexpended for the fiscal year. Salaries and Wages - Contra and related capitalized expenses of $106,184 are $6,671 1 ess than budgeted capitalized expenses of $112,855 for the six month period because of a slightly lower number of capital projects on which District forces labor was expended. -9- For the fiscal year, these District forces labor charges expended on capital proj ects are proj ected to be $23,762 higher than budgeted because of a greater than anticipated involvement in the District Outfall Project. For all other depart.ental expense accounts, the actual expense for the six month period was within $6,000 of budgeted expense. The cumulative net variance between actual and budgeted expenses for all these accounts for the fiscal year is proj ected to be $3,458 unde rexpended. Fi scal Year Proj ecti on: The Collection System Operations Department's operations and maintenance expenses are proj ected to be $7,153 underexpended for the fiscal year ending June 30, 1988, as a result of underexpenditures of $82,095 in Salaries and Wages and related employee benefits, $1,718 in Janitorial and Refuse Removal, and higher than budgeted Salaries and Wages - Contra and rel ated capi tal ized expenses of $23,762, offset by overexpendi tures of $8,782 in Gasol ine, Oil and Fuel, $24,270 in Operating Suppl ies, $12,178 in Safety Supplies, $12,191 in Outside Repairs and Maintenance, $16,078 in Rents and leases, and $30,381 in Technical Services; a $3,458 underexpenditure is projected in all other expense accounts. PLANT OPERATIONS DEPARnENT Six Months Review: Operations and maintenance expenses for the six months ended December 31, 1987 totaled $4,964,361, and were $69,198 less than budgeted expenses of $5,033,559. The 1.4% underexpenditure is primarily the result of the following expense account variances: Salaries and Wages and related eaployee benefits expenses of $2,536,745 are $146,475 1 ess than budgeted expenses of $2,683 ,220 for the six month period due to unfilled positions during part, or all, of the first six months of the fiscal year in the Plant Operations Maintenance Division. These accounts are proj ected to be $185 ,572 underexpended for the fiscal year. Chlorine expense of $131,370 is $49,952 higher than budgeted expense of $81,418 for the six month period because of increased usage of chlorine to achieve satisfactory coliform kill. Increased usage was due to higher flow volumes, a higher chlorine residual setpoint required to meet permit standards and nitrification. This account is projected to be $101,131 overexpended for the fiscal year based on a continued higher residual setpoint requirement. Lime expense of $119,670 is $104,970 higher than budgeted expense of $14,700 for the six month period because of the unanticipated need for continued use of lime in the primary sedimentation tanks during -10- this fiscal year. Lime addition was intended to be discontinued after construction of the di ssol ved air fl otati on system; however, furnace problems due to lower unl imed ash fusion temperatures and the need for nitrification necessitated continued use of lime. This account is projected to be $210,600 overexpended for the fiscal year. Polymer expense of $232,795 is $27,775 higher than budgeted expense of $205,020 for the six month period because of a change in the type and quantity of polymer required in the nitrification process. This account is projected to be $19,960 overexpended for the fiscal year. Electrical expense of $632,856 is $71,577 less than budgeted expense of $704,433 for the six month period primarily because of a slightly lower than anticipated electrical energy and demand charge during the six month period, and the impact of the postponement until late January and February 1988 of the shutdown of an auxiliary boiler, which would have required use of the electric blower. This account is projected to be $48,374 overexpended for the fiscal year, primarily because of higher electrical rates anticipated in the second six month period. Natural Gas expense of $533,293 is $42,176 greater than budgeted expense of $491,117 for the six month period primarily because of the use of greater quantities of higher priced gas from the utility company during the first quarter of the fiscal year when the flow of landfill gas was inadequate to meet plant demands, and higher usage of natural gas requi red by modificati ons to furnace operati ons and the initiation of the nitrification process in the second quarter. This account is projected to be $116,400 overexpended for the fiscal year as a result of the causes described above and continued nitrification. General Repairs and Maintenance expense of $342,228 is $109,218 higher than budgeted expense of $233,010 for the six month period primarily because of several large repair projects undertaken by District forces. These projects included replacement of the centrate lines and vacuum lines in the Solids Conditioning Building, chain and fl ight repl acement in a primary sedimentation tank, and maintenance work on boilers which required major parts replacement. This account is projected to be $107,180 overexpended for the fiscal year; the overexpenditure will be partially offset by an underexpenditure in Outside Repairs and Maintenance. Outside Repairs and Maintenance expense of $119,870 is $125,866 less than budgeted expense of $245,736 for the six month period primarily due to increased repair work undertaken by District forces, and the deferral of discretionary major maintenance work by outside firms. -11- The deferred maintenance work will occur during the second six months when weather conditions permit outdoor activities. This account is projected to be $746272 underexpended for the fiscal year. Ash Removal expense of $246975 is $236525 less than budgeted expense of $486500 for the six month period due to reduced volume of secondary sludge production from the nitrification process6 and the deferral of the furnace cleanout from the first to the second six months of the fiscal year. This account is projected to be $326000 underexpended for the fiscal year. Sludge Removal expense of $16500 is $476750 less than budgeted expense of $496250 for the six month period because no furnace problems or process upsets requiring sludge hauling occurred during the first six month period; the $16500 incurred is for the monthly standby charge for an on-site container. With modifications to the furnace operations which have been completed6 it is bel ieved that sludge hauling will not be necessary this fiscal year. This account is projected to be $866500 underexpended for the fiscal year. Other Outside Services expense of $146584 is $396516 less than budgeted expense of $546100 for the six month period primarily because of the deferral of services by outside firms from the first to the second six months of the fiscal year. This account is projected to be substantially equivalent to budget for the fiscal year. Salaries and Wages - Contra and related capital ized expenses of $496489 are $856245 less than budgeted capitalized expenses of $1346734 for the six month period primarily because of delays in the construction schedules for capital projects. These capital ized wages and employee benefits are. proj ected to be $1556771 underrealized for the fiscal year. Fiscal Year Projection: The Plant Operations Department's operations and maintenance expenses are projected to be $3766000 overexpended for the fiscal year ending June 306 19886 as a result of the following account variances: -12- Salaries and Wages and Employee Benefits Chlorine Lime Polymer El ectrical Natural Gas General Repairs and Maintenance Outside Repair and Maintenance Ash Removal Sl udge Removal All Other Accounts, Net Salaries and Wages - Contra and Related Capitalized Expenses Underrealized Total PUMPING STATIONS Six Months Review: Underexpended <Overexpended> $ 185,572 <101,131> <210,600> < 19,960> < 48,374> <116,400> <107,180> 74,272 32,000 86,500 5,072 <155,771> $<376,000> Operations and maintenance expenses for the six months ended December 31, 1987 totaled $515,642, and were $61,247 less than budgeted expenses of $576,889. The 10.6% underexpenditure is primarily the resul t of the following expense account variances: General Repairs and Maintenance expense of $14,858 is $12,988 less than budgeted expense of $27,846 for the six month period because of the deferral of major pump and air compressor repairs by District forces to the second six months of the fiscal year. Th is account is proj ected to be substanti ally equival ent to budget for the fiscal year. Outside Repairs and Maintenance expense of $27,716 is $32,264 less than budgeted expense of $59,980 for the six month period primarily because of a delay in issuing a contract for a diesel engine noise barrier at Lower Orinda Pumping Station, and the deferral of repainting the San Ramon Pumping Station and anticipated repairs to the Flygt pumps at that station. This account is projected to be substantially equivalent to budget for the fiscal year. The balance of the net underexpenditure occurred within accounts in which the individual account variances between actual and budgeted expenses were insignificant, and which are projected to be substantially equivalent to budget for the fiscal year. Fiscal Year Projection: The Pumping Stations' operations and maintenance expenses are projected to be $15,036 underexpended for the fiscal year ending June 30, 1988, as a result of minor, general ized net underexpenditures in the majority of expense accounts. -13- . Centra~ ~ontra Costa Sanitary ..Jistrict BOARD OF DIRECTORS PAGE 1 OF 1 POSITION PAPER BOARD MEETING OF February 4, 1988 NO. X. LEGAL/LITIGATION 1 SUBJECT DATE DENY ClAIM FROM CALIFORNIA STATE AUTOMOBILE ASSOCIATION CONCERNING A VEHIClE ACCIDENT AT CASTLE HILL RANOi ROAD AND WINFIELD LANE NEAR WALNUT CREEK January 29, 1988 TYPE OF ACTION DENY CLAIM SUBMITTED BY Jack E. Campbell Administrative 0 erations Mana er INITIATING DEPT./DIV. Administrative De artment ISSUE: A claim for $4,750.61 plus unspecified supplemental items has been received from the California State Automobile Association (C.S.A.A.) concerning a vehicle accident which occurred on November 9, 1987, at the intersection of Castle Hill Ranch Road and Winfield Lane, an unincorporated area near Walnut Creek. Denial of a claim requires Board action. BACKGROUND: The location of this accident is a privately owned street intersection used as a public throughfare for access to the Castle Hill residential area south of Walnut Creek. The accident involved Ms. Jo Goodell of 261 Castle Hill Ranch Road and District pick-up truck number 17 driven by CSO staff member Paul Kelly. The District investigation disclosed that the two vehicles entered the blind intersection of the two narrow streets (there were no stop signs); neither driver saw the other in time, and the vehicles struck front ends. There were no injuries, but the District vehicle sustained approximately $2,000 of damage and C.S.A.A. is subrogating against the District for $4,750.61 of damage to Ms. Goodell's car. The accident investigation does not indicate that the District is solely at fault; therefore, the staff recommends that the claim be denied. RECOMMENDATION: Deny cl aim from the Californi a State Automobil e Associ ati on and refer to staff for further action as necessary. REVIEWED AND RECOMMENDED FOR BOARD ACTION JEC PM XII. REPORTS 4a. Page 1 of 5 Central Contra Costa Sanitary District January 28, 1988 TO: MEM3ERS, BOARD OF DIRECTORS FROM: WILLIAM C. DALTON SUBJECT: SLUDGE AND SOLID WASTE RECYCLING CONFERENCE, SAN DIEGO, MARCH 2, 3, 4 Attached is the program for the subject conference for which I requested authorization at the January 21, 1988 meeting. Registration costs $275.00 for three days of .garbage and sludge. I have pre-registered due to attendance limit and request Board confirmation of my participation. WCD:bl 10 feLE WEST COAST CONFERENCE '88 SUCCESSFUL RECYCLING FOR SLUDGE AND SOLID WASTE March 2, 3, 4, 1988 . San Diego, California I J Ii il You're Invited To: Me~t..the sludge management experts - M~~ important contacts with experienced ~ct managers Learn about recycling strategies for solid waste Tour composting, land application and - ~~ling projects Analyze non,.burn methods to reduce the ~tream REGISTER NOW. . . ATTENDANCE LIMITED CALL (215) 967..4135 . . . OR MAIL REGISTRATION FORM p BIO( WEST COAST C<< SUCCESSFUL RECYCLING FOl PROGRAM Wednesday, March 2, 1988 MORNING SESSION 9:30 am - 12:30 pm OPTIMAL NON.BURN SOLUTIONS STRATEGIC PLANNING FOR MECHANICAL AND BIOLOGICAL SYSTEMS Research and operational results to improve performance at new projects. Clarence Golueke, Senior Editor, BioCycle ii LANDFILL DIVERSION STRATEGIES Analysis of most effective programs to reduce material flow; Innovative technologies; Local initiatives. Peter Grogan, R. W Beck & Associates, Denver, Colorado Ii i ij SIMPLIFIED METHODS FOR COMPOSTING AND RECYCLING Equipment and materials handling; Monitoring product quality; Economics; Applicabiliry to smaller communities and regional facilities. Ron Albrecht, Ron Albrecht Associates, Annapolis, Maryland PUBLICIPRIVATE DEVEWPMENTS ROUTE TO RECYCLING IN LOS ANGELES Strategies to achieve maximum recycling levels; City/private industry initiatives to fulfill goals. Ellen Bogardus, CH2M Hill, Irvine, California OPTIMUM BALANCE BETWEEN BURN AND RECYCLING Analysis ofRDF, composting and recycling options. What needs to be done to implement solutions. Luis Diat, Cal Recovery Systems, Richmond, California ENTREPRENEURS IN THE POST-BARGE ERA From materials recovery facilities to yard waste composting, new businesses use "niche marketing" to provide recycling services. Jerome Goldstein, Editor, BioCycle AFTERNOON SESSION 2:00 pm - 5:30 pm PLANNING, DESIGN AND OPERATION OF MUNICIPAL SLUDGE COMPO STING FACILITIES GUIDE TO IN-VESSEL SYSTEM SELECTION AND OPERATION Criteria for assessing mass balance, air distribution, materials handling. Case studies of specific facilities. Roger T. Haug, R. T. Haug Associates, Torrance, California TRENDS IN SLUDGE COMPOSTING Problems and solutions; Range of systems in use, overview of developments nationwide. NOTa Goldstein, Executive Editor, BioCycle IMPLEMENTING SLUDGE MANAGEMENT IN LAS VEGAS Case study of designing an aerated windrow system for raw sludge for the county. Richard Kuchenrither, Black & Veatch, Aurora, Colorado PREDICTING MANAGEMENT PERFORMANCE Check-list of what to look for in system design for composting projects; Avoiding problems, improving operations. John Walker, Municipal Technology Branch, EPA, Washington, DC PUBLIC ACCEPTANCE, PRODUCT MARKETING ODOR CONTROL AT COMPOSTING FACILITIES Methods to prevent complaints and improve overall performance; evaluation of products and methods used. ANALYSIS OF SLUDGE PRODUCTS Results of EPA study of pathogen occurrence in municipal sludges, including composted materials. William Yanko, Los Angeles County Sanitation Dist., Los Angeles, California March 2, 3, 4,1988. Catamar Spans Blo( In Coope1 California Dept. of CanSt Come to San Diego March 2, 3,4,19; three days of information-packed presenta1 management. Here's a great way to build y( land application and waste reduction me Here is your opportunity to benefit frol "faculty" who will address the critical issue successful sludge and/or solid waste reeye VERMICOMPOSTING AS TREATMENT METHOD Results of innovative project using earthworms to stabilize sludge at wastewater plant. Weldon Platt, Fallbrook Sanitarv Dist., Fallbrook, California . Ben Price, Fallbrook SanitarY Dist., Fallbrook, California . NEW TRENDS AND OPPORTUNITIES IN COMPOST MARKETING Distribution channels; Arrangements between municipal and private sector; Target markets and how to reach them. Hap Kellogg, Kellogg Supply Co., Carson, California Roger Tuttle, Compost Management, Doylestown, Pennsylvania Thursday, March, 3, 1988 MORNING SESSION 9:00 am - 12: 15 pm RECYCLING INITIATIVES BUILDiNG POLITICAL AND PUBLIC ACCEPTANCE FOR RECYCLING How public officials can help to create a genuinely integrated resource recovery program. Susan Golding, Board of Supenrisors, San Diego, California IMPLEMENTING A 30 PERCENT RECYCLING GOAL How the city and county of San Diego will fulfill solid waste reduction and recycling goals. YCLE >>NFERENeE '88 ~ .\ l SLUDGE AND SOLID WASTE n Hotel · San Diego, California red by \~LE ,tion With I vation Office of Recycling 3. West Coast Conference '88 brings you :ms and field trips on sludge and solid waste ~r own data base on composting, recycling, rods. I I the collective expertise of the outstanding involved in launching and managing a Ing program. Municipal Approaches: Robert Epler, Director, ResoUTce Conservation & Management, San Diego, California County Programs: Richard Anthony, Solid Waste Manager, San Diego, California CURBSIDE COLLECTION OF RECYCLABLES Collection methods, special vehicles, container impact, economics, public participation; From pilot to full-scale programs. Case Studies of Two Municipalities: Richard Abramowit:t, HDR. Austin, Texas Vera Dahle, Recycling Coordinator, Palo Alto, California SOLID WASTE COMPOSTING NEW DEVELOPMENTS IN MSW COMPOSTING Technologies being used in U. S. cities and towns. Design factors and cost estimates. Co-composting with sludge. Eliot Epstein, E&A Consultants, Stoughton, Massachusetts PRE-PROCESSING FOR MSW COMPOSTING Analysis of shredders, separation and materials handling technology. George Satlage, Cal Recovery Systems, Richmond, California, HAZARDOUS WASTE REDUCTION Programs for improving quality of MSW compost. YARD WASTE COMPOSTING Equipment, economics, site management; Role of private companies in operating facilities. LEGISLATION AND MARKET DEVEWPMENT LEGISLATIVE INITIATIVES FOR RECYCLING AND MARKET DEVELOPMENT AnalysiS of West Coast approaches to spur municipaUcounty/private recycling efforts. Increased demand for recycled commodities. Kelly Smith, Californians Against Waste, Sacramento, California HOW STATE AGENCIES CAN AID RECYCLERS AND COM POSTERS Regulatory, market building, grants, loans and purchasing policies. CHANGING ROLE OF HAULERS AND LANDFILL OWNERS Needs and economics lead to new ventures; Case studies of companies in transition. AFTERNOON SESSION 2:00 pm - 5:30 pm SLUDGE AND WASTEWATER UTILIZATION PUBLIC HEALTH AND SLUDGE UTILIZATION Risk-benefit decision-making. Research summary of critical issues on land application and composting. REGIONAL APPROACH TO SLUDGE MANAGEMENT New Washington state organization involves 64 municipalities and sewer disrricts. Peter Machno, Manager, Seattle Metro DUAL APPROACH TO SAN DIEGO SLUDGE USE Composting and land application strategies are key to long-term management. Robert McCampbell, Metro, San Diego, California Datlid Richard, Nolte & Assoc" Sacramento, California AQUATIC TREATMENT FOR PURIFYING WASTEWATER Pilot plant uses hyaCinths to treat wastewater and generate biomass. Anaerobic digestion techniques. Tom Chadwick, Black & Veatch, San Diego, California AGRICULTURAL AND INDUSTRIAL APPLICATIONS COMPOSTING FOOD PROCESSING AND FARM RESIDUALS Evaluating speCific wastes for reuse potential; Materials-handling systems; Applying principles of composting. IRRIGATING WITH RECLAIMED WASTEWATER Results of lO-year project show potential benefits on vegetable crops. Friday, March 4, 1988 FIELD TRIPS 9:00 am - 4:00 pm VERMICOMPOSTING RESEARCH PROJECT Fallbrook, California wastewater treatment plant uses earthworms to compost municipal sludge. AQUATIC WASTEWATER TREATMENT How water hyaCinths at San Diego pilot plant purify wastewater and generate biomass for anaerobic digestion. YARD WASTE COMPOSTING Inspection of equipment, materials handling and composting methods. SOLID WASTE RECYCLING Includes curbside collection methods, processing of recyclables for markets. LAND APPLICATION SITES Use of sludge on farms to grow specialty crops; equipment and monitoring. For Immediate Service Call (215) 967~4135 MORNING WEDNESDAY, MARCH 2,1988 Optimal Non,Burn Solutions Strategic Planning For Mechanical And Biological Systems Landfill Diversion Strategies Simplified Methods For Composting And Recycling Public/Private Developments Optimum Balance Between Bum And Recycling Entrepreneurs In The Post-Barge Era Changing Role Of Haulers And Landfill Owners AFTERNOON ,I i Planning, Design And Operation Of Municipal Sludge Composting Facilities Guide To In-Vessel System Selection And Operation Trends In Sludge Composting Implementing Sludge Management In Las Vegas Predicting Management Performance Public Acceptance, Product Marketing Odor Control At Composting Facilities Analysis Of Sludge Products Vermicomposting As Treatment Method New Trends And Opportunities In Compost Marketing ii PROGRAM SUMMARY MORNING THURSDAY, MARCH 3,1988 Recycling Initiatives Building Political And Public Acceptance For Recycling Route to Recycling In Los Angeles Implementing A 30 Percent Recycling Goal Curbside Collection Of Recyclables Solid Waste Composting MSW Composting Pre-Processing For MSW Composting Hazardous Waste Reduction Yard Waste Composting Legislation and Market Development Legislative Initiatives For Recycling And Market Development How State Agencies Can Aid Recyclers And Composters AFTERNOON Sludge and Wastewater Utilization Public Health And Sludge Utilization Regional Approach to Sludge Management Dual Approach To San Diego Sludge Use Aquatic Treatment For Wastewater Agricultural and Industrial Applications Composting Food Processing Residuals Irrigating With Reclaimed Wastewater About BioCycle Published since 1960, BioCycle is the authoritative journal on man- aging municipal and industrial sludge and solid waste with com- posting, land application, recycl- ing methods. Editorial covers cur- rent projects and new research data advancing these waste manage- ment methods that produce mar- ketable end product. For current issue send $5 to BioCycle, Box 351, Emmaus, PA 18049. Exhibit Space Available A limited amount of space is available for table-top displays in the exhibit area. Fee of $495 includes registration for one person at all conference sessions and field trips. Contact Publisher, BioCycle, Box 351, Emmaus, PA 18049. (215) 967-4135. Catamaran Hotel BioCycle West Coast Conference '88 will be headquartered at the spectacular Catamaran Hotel situated on the shores of Mission Bay. Close to Sea World, the San Diego Zoo. Free airport transportation. Free parking. Heated swimming pool. And special rates for BioCycle Conference participants. ~ FIELD TRIPS FRIDA Y, MARCH 4, ] 91'18 Vermicomposting Research Project Aquatic Wastewater Treatment Yard Waste Composting Solid Waste Recycling Land Application Sites I fIll AlOSf CQ IVlSf COASf :'.H.NSIV. ON SlUDG. ~.. tlF'R'NC. IVASf. ~D SOLID OF fH. y~INIENf · Otr.. 30 · · · .."'Olls 'ec....'e'" · I'.,,, 'Pi . ....,.... pa REGISTER NOW. ATI'ENDANCE UMITED. CALL (215) 967-4135. OR MAIL REGISTRATION CARD. XII. REPORTS 4b. Page 1 of 2 RESOLUTION NO. 88- A RESOLUTION REQUESTING THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS TO LIMIT SOLID WASTE DEVELOPMENT IGREEMENTS TO FUNDING CENTRAL COUNTY'S FAIR SHARE OF COUNTY SOLID WASTE MANAGEMENT PROGRAMS WHEREAS, it is our understandi ng fran newspaper reports and rev iew of proposed development agreements for the East Contra Costa Sanitary Landfill, the Kirker Pass Landfill, and the proposed Acme transfer station that it is proposed that a tipping fee surcharge be established to pay for the following solid waste management programs: o Resource recovery office fees to promote recycling in the ent ire county. o Litter and illegal dumping pick-up in the unincorporated area and participating cities using workfare recipients and/or detention facility inmates and including the cost of vehicles, equipment, and supervisory personnel. o Litter control and illegal dumping, hazardous waste disposal, regulation, enforcement, and prosecution in the unincorporated area and participating cities. o Public education regarding solid waste management, household hazardous waste management, and litter control conducted county-wide. o Abandoned veh ic1 e abatement in the uni ncorporated area and participating cities. WHEREAS, the landfills will initially serve only residents of Central and perhaps East County and the transfer station will on1 y serve residents of Central County, WHEREAS, it is unfair and discriminatory to require one portion of the county to fund more than its fair share of county-wide programs, t-Ol, THEREFORE, the Central Contra Costa Sanitary Di strict does hereby resolve to request the Contra Costa County Board of Supervisors to limit the use of funds gathered by a tipping fee surcharge from Central County residences established by development agreements to only fund Central County's fair share of county-wide solid waste programs. .\ PASSED AND ADOPTED at a regul ar meet 1 n9 of the Board of 01 rectors held February 4, 1988, by the following vote: AYES: Members: NOES: Members: ABSENT: Members: President of the District Board of the 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: James L. Hazard District Counsel