HomeMy WebLinkAbout5.3 Resolution of Necessity Sewage Disposal 1-70 -,�_d
CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: November 13, 1984
SUBJECT Resolution of Necessity
EXHIBITS ATTACHED Memorandum from. City Attorney dated November 9 , 1984 ;
Notice of Intention to County; Resolution; Letter from
County Counsel dated November 2, 1984
RECOMMENDATION Open Public Hearing; Hear Testimony; Close Public
Hearing; Adopt Resolution (Additional' Exhibit to be
Presented at the Meeting)
FINANCIAL STATEMENT: Cost of Sewage Capacity - $480,000 plus interest
DESCRIPTION On October 29 , 1984, the City Attorney served the
County with a notice of the City' s intent to acquire through eminent domain
proceedings, 100 , 000 gallons per day of sewage disposal and treatment
capacity in the facilities of the Livermore-Amador Valley Plater Management
Agency and Dublin San Ramon Services District for industrial, including
non-retail commercial uses in the territory within the City of Dublin. The
County was also notified of a hearing to be held by the City Council for the
purpose of hearing protests to the City' s adoption of a Resolution of
Necessity.
In a letter dated November 2 , 1984 , the County Counsel ' s office indicated
its intent to appear and be heard at the public hearing.
The City Attorney has prepared the attached memorandum outlining the
problem. Staff will present additional evidence at the public hearing
supporting the adoption of a Resolution of Necessity and authorization to
proceed with an eminent domain action.
It is recommended that the City Council open the public hearing, hear all
evidence, close the public hearing, and adopt the Resolution of Necessity.
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57 ,-3
COPIES TO: Alameda County Counsel
ITEM NO. `
M E M O R A N D U M
TO: City Council
FROM: City Attorney
SUBJECT: Resolution of Necessity for Acquisition of
100 ,000 gallons per day sewage disposal and
treatment capacity
DATE: November 9 , 1984
On November 9 , 1984 the sewage disposal and treatment capacity of
DSRSD was 498 . 5 Dwelling Unit Equivalent (D.U. E. ) . This capacity
is limited to a small portion of Pleasanton (Assessment District
1967-1) , the City of San Ramon south of Montevideo Drive and the
entire City of Dublin.
At the current rate of applications, by December 31, 1984 the
capacity will be reduced to approximately 207 . 4 D.U. E. The
portion of Pleasanton served by DSRSD is almost entirely
commercially zoned. In the near future, DSRSD's capacity will
obviously be exhausted.
Pursuant to the September 11, 1980 agreement between LAVWMA and
DSRSD, DSRSD purchased 100 ,000 gallons of capacity to be re-sold
to the County if voters in the District ( including San Ramon)
approved the sale in an election.
The voters approved the sale. The capacity was to serve that
portion of Alameda County lying within the boundaries of DSRSD.
On the pertinent dates ( the Agreement date and the November 4 ,
1980 election date) , the boundaries of DSRSD in the County of
Alameda were co-terminous with the present boundaries of Dublin,
with the exception of the Arroyo Vista property which was outside
the District at that time .
The County of Alameda has no real property within the boundaries
of Dublin which can be served by the capacity they- own. Santa
Rita Jail and the 600 acres fronting the proposed new jail were
not in the sewer area boundaries of DSRSD on the above dates.
The County of Alameda, therefore, has no use for the capacity.
Dublin, on the other hand, is faced with a shortfall of capacity
which will prevent the in-fill development of the City. The
development is necessary to provide a property tax and sales tax
base for municipal services . In addition, infill development
would be more orderly and more protective of open space.
' r
EJVED
OCT 3 0198LL
NOTICE OF INTENTION �_I*fy Or
TO ADOPT RESOLUTION OF NECESSITY
THE CITY OF DUBLIN
NOTICE IS HEREBY GIVEN, pursuant to California Code of
Civil Procedure Section 1245.235, that it is the intent of the
City of Dublin, California, to adopt a Resolution of Necessity
under Article 2 (commencing with Section 1245.210) of Chapter 4 of
Title 7 of Part 3 of the Code of Civil Procedure of the State of
California and directing the filing of eminent domain proceedings
for the acquisition of certain personal property, hereinafter
described.
NOTICE IS FURTHER GIVEN that on the 13th day of
November, 1984, at the hour of 8:00 p.m. , in the regular meeting
place of the City Council of the City of Dublin, City Hall,
6500 Dublin Boulevard, Dublin, California, at the time ..and place
appointed and fixed by said City, when and where it will hear all
protests in relation to the adoption of said Resolution of
Necessity and authorizing the filing of eminent domain proceedings
for the acquisition of "the County of Alameda's contract rights to
100 ,000 gallons per day sewage disposal and treatment capacity in
facilities of the Livermore-Amador Valley Water Management Agency
and Dublin-San Ramon Services District for industrial, including
non-retail commercial uses in the territory within the City of
Dublin and in that portion. of the County of Alameda lying within
the Dublin-San Ramon Services District and outside the present
city limits of Dublin. "
NOTICE IS FURTHER GIVEN that any person interested may
file a written request to appear and be heard with the City Clerk
of the City of Dublin within fifteen (15) days after the mailing
of the within Notice (Mailing address: City of Dublin,
P. 0. Box 2340 , Dublin, California 94566) . Any interested
person who files such a timely written request has the right to
appear and be heard at the time and place stated herein on the
matters referred to in Section 1240.030 of said Code of Civil
Procedure, to wit:
(a) Whether the public interest and
necessity require the project;
(b) Whether said project is planned or
located in the manner that will be
most compatible with the least
private injury; and
(c) Whether the property sought to be
acquired is necessary for said
project.
NOTICE IS FURTHER GIVEN that the failure to file such a
written request to appear and be heard within fifteen (15) days
after the mailing of this Notice will result in waiver of the
right to appear and be heard.
Dated: October 26 , 1984 CITY OF DUBLIN
By
MICPAEL R. NAVE
City Attorney
DECLARATION OF SERVICE BY MAIL
STATE OF CALIFORNIA )
ss.
COUNTY OF SAN MATEO )
I, MICHAEL R. NAVE, say:
That I am a citizen of the United States and a
resident of the ..county aforesaid; that I am over the age of
eighteen (18) years and not a party to the within entitled
action; that my business address is 1220 Howard Avenue,
Suite 250 , P. 0. Box 208, Burlingame, California 94011; that
on October 29 , 1984, I served by CERTIFIED MAIL the within
NOTICE OF INTENTION TO ADOPT RESOLUTION OF NECESSITY on
interested parties in said action, by placing true copies
thereof, enclosed in a sealed envelope with postage thereon
fully prepaid, in the United States mail at Burlingame,
California, addressed as follows:
Mel Hing
County Administrator
1221 Oak Street
Oakland, CA 94612
County Counsel
County of Alameda
1221 Oak Street
Oakland, CA 94612
I declare under penalty of perjury that the
foregoing is true and correct.
Executed on October 29 , 1984, at Burlingame,
California.
MICHAEL R. NAVE/
1 �
RESOLUTION NO. - 84
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
--------------------------------------
DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY
REQUIRE THE ACQUISITION OF CERTAIN LAND AND
DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS
BE IT RESOLVED, by the City Council of the City. of
Dublin, California, that :
WHEREAS, it is necessary and desirable for the City of
Dublin to acquire that certain personal property, described as
"the County of Alameda ' s contract rights to 100,000 gallons per
day sewage disposal and treatment capacity in facilities of the
Livermore-Amador Valley Water Management Agency and Dublin San
Ramon Services District for industrial, including non-retail
commercial uses in the territory within the City of Dublin and in
that portion of the County of Alameda lying within the Dublin San
Ramon Services District and outside the present city limits of
Dublin" ; and
WHEREAS, the City of Dublin is vested with the power of
eminent domain to acquire public property for a more necessary
public use by virtue of Article 1, Section 19 of the Constitution
of the State of California, Code of Civil Procedure Sections
1240 . 030 , 1240 , 120 , 1240 . 125 , 1240 . 150 , 1240 .320 , 1240 .350 ,
1240 . 410 , 1240 . 610 , and 1240 . 650 ; and
WHEREAS, notice has been duly given pursuant to the
provisions of Section 1245 . 235 of the Code of Civil Procedure of
the State of California, and all persons whose property is to be
acquired by eminent domain and whose name and address appear on
the last equalized County Assessment Roll have been given a
reasonable opportunity to appear and be heard before the City
Council of the City of Dublin on the following matters, to wit :
(a) Whether the public interest and necessity
require the project ;
(b) Whether the property is planned or located
in the manner that will be most compatible
with the greatest public good and the least
private injury;
( c) Whether the property sought to be acquired is
necessary for the project .
1
WHEREAS, the City of Dublin has, in accordance with
Government Code Section 7267 . 2 , offered, to the owner of record,
to acquire said property for just compensation;
NOW, THEREFORE, IT IS FOUND, DETERMINED AND ORDERED, as
follows :
1 . The public interest and necessity require the taking
of the title in and to the property described.
2 . The acquisition of said sewage disposal and
treatment capacity is planned and located in the manner which will
be the most compatible with the greatest public good and the least
private injury;
3 . The property sought to be acquired is more necessary
for use by the City of Dublin than for use by the County of
Alameda;
4 . The offer required by Government Code Section 7267 . 2
has been made to the owner ( s ) of record of said property; and
5 . The law firm of MICHAEL R. NAVE is hereby directed
to institute and conduct to a conclusion and action in eminent
domain for the acquisition of the estates and interests aforesaid
and to take such action as is necessary therein.
PASSED AND ADOPTED by the City Counci-1 of the City of
Dublin, State of California, this 13th day of November , 1984 , by
the following vote:
AYES :
NOES :
ABSENT:
Mayor
ATTEST:
City Clerk
O F q( �
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C O U N T Y C O U N S E L
RICHARD J.MOORE
FOURTH FLOOR,ADMINISTRATION BUILDING, 1221 OAK STREET
.OAKLAND,CALIFORNIA 94612 TELEPHONE 874-g" 7272 COUNTY COUNSEL
'q( FO P
November 2, 1984 t ' V E D
City Clerk NOV > i° �l
City of Dublin r=1n1'
O
P. O. Box 2340 r B- .3J' j
Dublin, California 94566
Re: Eminent Domain Resolution
Dear City Clerk:
Reference is made to the Notice of Intention dated October 15, 1984, and
served October 23, 1984, concerning the City of Dublin's proposed adoption of a
resolution of necessity relating to property owned by the County of Alameda. (A
corrected Notice was dated October 26, 1984.)
You are hereby advised that the County of Alameda, through such persons as
may be designated by it, intends to appear and desires to be heard at the time and
place indicated in your said Notice.
Very truly yours,
RICHARD J. MOORE,
County Counsel
By
KELVIN H. BOOkJR.,
Assistant County Counsel
KHB:kf
cc: Michael R. Nave
City Attorney, City of Dublin
1220 Howard Ave., Suite 250
P. O. Box 208
Burlingame, CA 94010-4211
RESOLUTION NO. - 84
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
--------------------------------------
DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY
REQUIRE THE ACQUISITION OF CERTAIN LAND AND
DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS
BE IT RESOLVED, by the City Council of the City of
Dublin, California, that :
WHEREAS, it is necessary and desirable for the City of
Dublin to acquire that certain personal property, described as
" the County of Alameda ' s September 11, 1980 contract rights to
100 ,000 gallons per day sewage disposal and treatment capacity in
facilities of the Livermore-Amador Valley Water Management Agency
and Dublin San Ramon Services District for industrial, including
non-retail commercial uses in that portion of the County of
Alameda which on said date was within the boundaries of the Dublin
San Ramon Services District .
WHEREAS, the City of Dublin is vested with the power of
eminent domain to acquire public property for a more necessary
public use by virtue of Article 1, Section 19 of the Constitution
of the State of California, Code of Civil Procedure Sections
1240 . 030 , 1240 , 120 , 1240 . 125 , 1240 . 150 , 1240 .320 , 1240 . 350 ,
1240 . 410 , 1240 . 610 , and 1240 . 650 ; and
WHEREAS, notice has been duly given pursuant to the
provisions of Section 1245 . 235 of the Code of Civil Procedure of
the State of California, and all persons whose property is to be
acquired by eminent domain and whose name and address appear on
the last equalized County Assessment Roll have been given a
reasonable opportunity to appear and be heard before the City
Council of the City of Dublin on the following matters, to wit :
( a) Whether the public interest and necessity
require the project ;
( b) Whether the property is planned or located
in the manner that will be most compatible
with the greatest public good and the least
private injury;
( c) Whether the property sought to be acquired is
necessary for the project.
KJ
CITY OF DUBLIN
SEWAGE DEMAND SCENARIOS
For land within existing City Boundaries
that, under current zoning, can be developed
for industrial or non-retail commercial uses
50% Warehouses
I .
16% Lt. Ind./Durable Gds . - 272 , 800
19% Offices
16% Electronics Ind.
16% Warehouses
II . 50% Lt. Ind./Durable Gds . _ 285, 500
0 18% Offices
16% Electronics Ind.
Q
z
w
cUn 18$ Warehouses
III . 17% Lt. Ind./Durable Gds. - 297, 200
50% Offices
16% Electronics Ind.
16% Warehouses - 752 , 000
IV. 16% Lt. Ind./Durable Gds.
17% Offices
50% Electronics Ind.
0 100, 000 200, 000 400, 000 600, 000 800, 000
SEWAGE DEMAND gpd