3A Public Hearing 2009 0120 - Laserfiche WebLink

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ADOPTION OF THE RESOLUTION OF NECESSITY AND FINDINGS By adopting the proposed Resolution of Necessity, the Council will authorize the filing of an eminent domain action to acquire the property interests necessary to complete the project should negotiations not be successful. The Resolution, with the following findings, must be adopted by a minimum two-thirds vote of the seven member City Council (five affirmative votes required) in accordance with California Code of Civil Procedure Sections 1245.230 and 1245.240. Evidence supporting the adoption of the Resolution is set forth in this report, its attachments, and the oral presentation at the hearing, including the matters noted below: a. The public interest and necessity require the proposed project; The Water Pollution Control Plant is necessary for the treatment of sewage, to meet the demands of regulatory agencies concerning said treatment, and to provide for the health of the public. The proposed project is consistent with the General Plan Goal 52: Ensure that local water, sewer, storm drainage, and solid waste facilities are well maintained; improvements meet existing and future needs; and land use decisions are contingent on the adequacy and maintenance of such facilities and Action 52.05: Maintain adequate capacity at the San Leandro wastewater treatment plant to accommodate projected levels of growth within the service area and encourage the Oro Lorna Sanitary District to do the same; support efforts to maintain and/or improve the high quality of treated effluent at both plants; and increase the feasibility and cost-effectiveness of using reclaimed wastewater for non-potable purposes. With the increase in population and demand for water, and to meet current and future State and Federal requirements, the expansion must occur at this time. b. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; The Water Pollution Control Plant expansion is necessary to provide additional space for new equipment so the plant can continue to meet both current demand and future regulatory requirements. The site is fully built out and too small to allow for the required equipment. There is no other property which can accommodate this project/equipment, and the location of existing piping and structures at the plant limits the way additions to the facility can be made. The subject property is planned for a new headworks facility. The headworks is the facility by which all incoming untreated sewage enters the treatment plant for processing. The existing headworks is located adjacent to Davis Street at the property line adjacent to the subject property. Since the facility must operate at all times, it cannot be shut down, demolished and then replaced. Therefore, the subject property is the only location adjacent to Davis Street that will allow for a new headworks facility that can connect to the existing incoming sewer lines. The property described in the respective Resolution of Necessity is necessary for the proposed project; and