HomeMy WebLinkAboutBOARD MINUTES 12-19-85
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MINUTES OF THE REGULAR BOARD MEETING
OF THE DISTRICT BOARD OF THE CENTRAL CONTRA
COSTA SANITARY DISTRICT HELD ON DECEMBER 19,1985
The District Board of the Central Contra Costa Sanitary District
convened in regular meeting at its regular place of meeting, 5019 Imhoff
Pl ace, Marti nez, County of Contra Costa, State of Cal i forni a, at 7 :30
p.m. on December 19,1985.
President Boneysteele called the meeting to order and requested that
the Secretary administer the Oath of Office to John B. Clausen and Susan
H. McNulty, who were elected to the Board of Directors at the election
hel d on November 5, 1985.
At the conc 1 us i on of the ce remony , Pres i dent Boney stee 1 e welcomed
Members Clausen and McNulty to the Board of Directors and requested that
the Secretary call roll.
I.
ROLL CALL
PRESENT:
ABSENT:
Members:
Carlson, Dalton, McNulty, Clausen, Boneysteele
Members:
None
II.
PUBLIC COMMENTS
None
III.
APPROVAL OF MINUTES
1.
APPROVAL OF MINUTES OF NOVEMBER 19, 1985
It was moved by Member Clausen and seconded by Member Dalton, that
the minutes of November 19, 1985, be approved as presented. There being
no objection, the motion was unanimously approved.
IV.
EXPENDITURES
1.
EXPENDITURE LIST DATED DECEMBER 19,1985
Member Dalton, member of the Budget and Finance Committee, stated he
and Members Cl ausen and Boneysteele have reviewed the expenditures and
found them to be satisfactory.
It was moved by Member Clausen and seconded by Member Dalton, that
the Expenditure List dated December 19, 1985, including Running Expense
Warrant Nos. 23161-23469 and Sewer Construction Warrant Nos. 3346-3374,
be approved as presented. There being no objection, the motion was
unanimously approved.
V.
HEARINGS
1.
CONDUCT A PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION
At.£NDING EXHIBIT A, DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES
OF THE CCCSD CONFLICT OF INTEREST CODE
President Boneysteele indicated that the purpose of the hearing is
to rece i ve comments rega rd i ng the adopt i on of a reso 1 ut i on amend i ng
Exhibit A, designated positions and disclosure categories of the District
Conflict of Interest Code.
Ms. Joyce McMillan, Secretary of the District, stated that since the
Conflict of Interest Code was adopted in 1976, the District has undergone
organizational changes resulting from District growth and centralization
of functions. In addition, a classification study has been completed and
implemented. It is recommended that the Board review the designated
positions and consider amendment to reflect the results of the
classification study and the current management organizational structure
of the Di strict.
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President Boneysteele declared the public hearing open at the hour
of 7:40 p.m. There being no appearances either in favor of or in
opposition to the proposed amendment, President Boneysteele declared the
public hearing closed.
It was moved by Member Clausen and seconded by Member Dalton, that
Resolution No.85-1S0 amending Exhibit A, Designated Positions and
Di scl osure Categories, of the Central Contra Costa Sanitary Di strict
Conflict of Interest Code be adopted. Motion unanimously approved on the
following roll call vote:
2.
AYES: Membe rs: Carl son, Dalton, McNulty, Clausen, Boneysteele
NOES: Members: None
ABSENT: Members: None
CONDUCT A PUBLIC HEARING TO RECEIVE PUBLIC COMMENT
RENEGOTIATED REFUSE COLLECTION FRANCHISE AGREEMENT DRAFT
ON
THE
President Boneysteele indicated the purpose of the public hearing is
to receive public comment from residents, cities and towns, refuse
collectors, and the general public on the draft of the refuse collection
franchise agreement which is being renegotiated with the District's
franchised refuse collectors. President Boneysteele stated that the
draft franchise agreement is being presented for public comment to
provide a specific framework for discussion and review, and it is
acknowledged that it is subject to modification and change as a result of
the publ ic hearing process and all options are available to the Board
regarding refuse collection in the District.
President Boneysteele declared the public hearing open at the hour
of 7:50 p.m. and acknowledged receipt of the following written
correspondence:
1)
A letter from the Contra Costa County Community Development
Department contai ning thoughtful comments concerni ng various
sections of the draft franchise agreement;
2)
A letter from Mayor Richard G. Heggie, of the City of Orinda,
stating that the rates in Orinda are unacceptably high and that
the district should investigate measures to control and reduce
the rates, and requesti ng two months to consi der the draft
franchise agreement prior to an extension;
3)
A letter from Mr. James H. Robinson, City Manager of the City
of San Ramon (a representati ve from San Ramon is present to
make a presentation);
4)
A letter and petition circulated by Ms. Helen Bolling, of
Orinda, stating that the rates are too high and requesting that
the Board consider competitive bidding. The original petition
contained 133 signatures and an additional 103 signatures were
submitted prior to the start of the meetinQ;
A 1 etter from Mr. and Mrs. Harvey Di xon, of Ori nda, opposi ng
the high rates in Orinda and supporting competitive bidding;
5)
6)
A letter from Mr. and Mrs. Peter T. Muller, of Orinda, opposing
high rates in Orinda and supporting competitive bidding;
7)
A letter from Mr. James R. DeKorne, of Orinda, commending
Orinda-Moraga Disposal for superior, prompt, and efficient
service and opposing competitive bidding;
8)
A letter from Mr. George Sveum, Secretary-Treasurer of
Teamsters Local 315, providing detail concerning the costs of
garbage services in Orinda in comparison to similar services in
Oakland;
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9)
A letter from Mr. Michael M. Davis, City Manager of the City of
Danville, expressing general satisfaction with the current
level and qual ity of service, requesting that the franchise
renewal period be limited to 10 years or less; and
10)
A letter from Ms. Margaret DePriester, Vice Mayor of the Town
of Moraga, expressi ng agreement with a ten-year term of the
franchise, requesting that the contractor distribute rate
information cards at least every 24 months or at the time of a
rate change, and supporting the increase of the termination
period to 30 days.
At thi 5 time Presi dent Boneysteel e requested comments from city
officials present in the audience.
Mayor Richard Heggie, of the city of Orinda, addressed the Board
stating that the level of service has been acceptable. The concern of
the Orinda City Council is related to the cost of the service. The
Orinda City Council requests action be delayed for two months to allow
time for review of the draft franchise agreement by the Orinda City
Attorney.
Mr. John Meakin, Vice Mayor of the city of San Ramon, thanked the
Di strict stati ng that services provi ded for both sewer and garbage have
been very good. However, the city of San Ramon is currently served by
two garbage collectors. The City Council feels it would be in the city's
best interest to assume all responsibility for franchising refuse
collection. To that end, the City Council adopted a resolution in
October. The City Council has been in contact with both Mr. Hazard and
Mr. Morsen and they have been very cooperative. Alternative language has
been submitted for Secti ons 28 and 29. The San Ramon City Council
supports the draft agreement as amended by those alternatives.
Mr. James L. Hazard, Counsel for the District, stated that the
alternative language is acceptable to District Counsel.
Heari ng no further comments from city offici al 5, President
Boneysteele indicated he would entertain comments from residents of the
District.
Mr. Ken Humphreys,
competitive bidding for
stated that there should
Mr. Humphreys stated his
the refuse collector.
of Ori nda, addressed the Board in support of
refuse col lection. In addition, Mr. Humphreys
be a separation between Acme and the collectors.
opposition to the advance billing system used by
Mr. Cl arence Betz, Secretary-Treasurer of the Orinda Chamber of
Commerce and 40-year resi dent of Ori nda, stated he had never received
complaints about the service of the collectors. Mr. Betz stated that the
rates for the service received are not too high.
Ms. Susan Herrera, Executi ve Di rector of the Lafayette Chamber of
Commerce, stated that the busi ness members of the Lafayette Chamber of
Commerce are very happy with the garbage service and would encourage the
District to complete the agreement with Valley Disposal Service.
Ms. Barbara Fuller, 36-year resident of Orinda, stated that she had
no complaint with Orinda-Moraga Disposal but she does question the rates.
Ms. Fuller registered her concern over the fact that Lafayette, Orinda,
and Moraga have been singled out for high rates.
Mr. Bill Sullivan, 3301 Loreto Drive, San Ramon, stated that the
issue is not the quality of the service but whether more can be obtained
for a lower cost. Mr. Sullivan asked that the refuse collection
franchise be put out for bid.
Mr. James Valva, of Moraga, stated that the service is excellent and
the rates are fai r. Mr. Val va stated that there is no need to change
companies, that the sanitary di strict shoul d conti nue to control the
rates in the future, and that a long-term contract should be given to the
collectors to facilitate siting a landfill.
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Mr. R. McBride, a 20-year resident of Orinda, stated that the
service in Orinda has been excellent in spite of the problems with
terrain. Mr. McBride expressed support for continuing the franchise in
its present form with the present collector.
Ms. Gigi Holloran, a 12-year resident of Orinda, stated that she has
heard no complaints about the service or the rates for refuse collection.
Ms. Hollaran stated that residents of Orinda worked hard to incorporate
because they wanted local control. This local company has been very
responsible providing quality service in a hilly area where the houses
are far apart and the trucks must travel a long distance for disposal.
Ms. Helen Bolling, of Orinda, addressed the Board in support of the
competitive bidding process and in opposition to the high refuse
collections rates in the Orinda area in comparison to rates in other
areas. Ms. Bolling submitted petitions containing 236 signatures as
noted earlier by President Boneysteele. Ms. Bolling requested that the
Board not approve the renegotiated franchise since the current franchise
does not expire until November 1986. Instead Ms. Bolling suggested that
the present franchise be strengthened in areas where it is weak.
Mr. Steve Arnold, of Orinda, stated that he is very pleased with the
service provided by Orinda-Moraga Disposal. Mr. Arnold indicated he is
pleased with the addition of the clipping service and would like to see
this service continued. Mr. Arnold stated that in his opinion the
savings from open bidding would be small and the quality of service would
be unknown.
Mr. Joe Andrada, a 30-year resident of Orinda, stated that the
service provided by Orinda-Moraga Disposal is excellent and he strongly
recommended that the Board consider keeping the service as it is.
Ms. Midge Zischke, a 30-year resident of Orinda, advised that she is
very satisfied with the garbage service in Orinda. Ms. Zischke stated
that it is of great benefit to a community to have local businessmen who
support community affairs.
Ms. Kathleen Nimr, Solid Waste Chair of the Diablo Valley League of
Women Voters and the Contra Costa Community Recycling Center, stated that
the Central Contra Costa Sanitary District Board has a long standing
position of support for solid waste reduction, fair rate setting, public
involvement, and leadership in the area of regulation of garbage
collection and disposal. Ms. Nimr requested that the new franchise
agreement include incentives for waste stream reduction by residents and
businesses and provisions for salvaging, composting, and recycling in the
total collection and disposal system. Ms. Nimr proposed changes in the
language of the franchise agreement to facilitate waste stream reduction
and recycling activities. Ms. Nimr requested that the franchise require
implementation of a curbside recycling program within a reasonable period
of time. Ms. Nimr stated that the garbage bil 1 s shoul d be utilized to
provide information on reduction and disposal of hazardous wastes,
recycling, salvaging and composting opportunities, and timely notices of
changes in service and requests for rate adjustments. Ms. Nimr stated
that the current rate setti ng process i s cumbersome. Ms. Nimr stated
that a more satisfactory method would be competitive bidding by qualified
bi dders but barri ng that, a descri pti on of the rate setti ng process
should be included in the franchise. Rates should be based on operating
expenses for di sposal. All companies should be treated equally and
audited financial statements of all operations should be required of all
companies.
Heari ng no more comments from resi dents of the Di strict, Presi dent
Boneysteele indicated he would entertain comments from the general
public.
Mr. Bert McChesney, of the San Francisco firm of Solem and
Associ ates, stated that hi s fi rm has been employed to conduct a survey
concerning a landfil 1 in this county. The survey has an accuracy of
approximately 94 percent. In response to the survey, 60 percent
indicated the rates for coll ecti on of garbage were fai r, 14 percent
indicated the rates were not fair, and 26 percent had no opinion. In
response to a question asking for a rating of the value received for the
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56
money, 97 percent stated that they received fai r, good or very good
service, 3 percent stated they did not know. No responses were received
that indicated that the service was bad.
Mr. Steve Jimenez, Co-Chair of WHEW (We Have Enough Waste), voiced
concern that the Board is creating a regulated monopoly by extension of
the franchise. Residents have indicated the service is satisfactory but
they have never had anything else. There could be something better. We
should investigate what is done elsewhere. Perhaps the collectors should
change equipment to make it compatible with recycl ing. This proposed
franchise locks Sid Corrie out of a landfill site.
Mr. Michael Tucevich, Co-Chair of WHEW, stated that he is opposed to
a landfill site in East County. The Board should control the waste
stream. Mr. Tucevich suggested that the possibil ity of combining waste
streams with Alameda County and San Francisco be investigated to solve
our common problem by finding a more creative approach.
After hearing all comments from the general public, President
Boneysteele declared a recess at the hour of 9:55 p.m., reconvening at
the hour of 10:05 p.m., with all parties present as designated
heretofore.
At thi 5 time Presi dent Boneysteel e asked for comments from the
refuse collectors.
Mr. Sanford Skaggs, attorney for the refuse collectors, stated that
it is not his intention to refute what the previous speakers have said.
The issue tonight is not waste to energy or rates. It is the franchise
agreement. Everyone here tonight attests that these collectors have
provided good service. The prior contract included a ten-year option
which the District has refused to extend. The collectors were operating
under the assumption that if they did a good job their contract would be
renewed. The decision as to what the level of service should be was
defined by this Board. That is what dictates the rate. The service
level, terrain, density, and customer mix (no commercial> in Orinda is
very bad. That is why they have higher rates. The reward for good
service should be to allow the collectors to stay in business. The
collectors want to record their objections to Sections 24,31,32, and 35
of the franchise agreement. These conditions are onerous and should not
be included. However, the collectors feel these will never come into
play because they will never breach the contract.
Mr. Skaggs stated that from the collectors position, the major
issues before the Board are the term of the franchise and the control of
the waste stream. Ten years pl us a ten-year opti on or 5 years pl us a
IS-year option should be the minimum term of the franchise. Mr. Skaggs
stated that 25 years would be an appropriate term based on the investment
required for finding a landfill site.
Mr. Skaggs requested that overl y specific 1 anguage be removed from
the franchise agreement. Specifically, that insurance requi rements be
set from time to time after a public hearing and not set in the
franchise. The collectors are concerned about the cost, administrative
problems, and technical issues. With regard to industrial waste, the
collectors think this should be included in the franchise and the
collectors think it has been in the past.
Mr. Skaggs urged the Board to indicate that the draft franchise
agreement is acceptable with the following changes:
1)
increase in the tenm;
2)
less specific
cards;
1 anguage
regarding
insurance
and
information
3)
include industrial waste under the Board's franchise regulation;
and
4)
return collection practices to what they were before the last
meeting.
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57
Mr. Skaggs stated that the Board should defer to the request of the
city of Orinda for additional time. Mr. Skaggs stated he would work with
District staff and representatives of the cities of Orinda and Danvil le
to address their concerns and try to reach an agreement.
At 10:55 p.m. after hearing all who wished to speak concerning the
renegotiated draft refuse collection franchise agreement, President
Boneysteele declared the public hearing closed.
Following discussion, it was the Board consensus that staff prepare
a written summary of public comments.
It was moved by Member Clausen and seconded by Member Dalton, that
in order to honor the request of the city of Orinda, the refuse
collection franchise be calendared for Board decision at the end of
February or the first of March.
The above motion was withdrawn following the recommendation of
Members Carlson and McNulty that Board action be taken while public
testimony is still fresh.
It was moved by Member Clausen and seconded by Member Dalton, that
the refuse collection franchise agreement be calendared for consideration
on February 6, 1986. There being no objection, the motion was
unanimously approved.
Mr. Hazard requested and received di recti on that the Board wanted
staff to proceed with the franchise rather than bidding.
Mr. Hazard requested and received Board concurrence that in order to
accommodate the special circumstances set forth in the resolution adopted
by the city of San Ramon, that area will be excluded from the franchise
and the annexation procedure previously discussed will be O.K.
Mr. Dolan solicited a consensus of the Board with regard to specific
alternatives for inclusion in the draft refuse collection franchise.
Several Board Members indicated that language setting a term longer than
ten years should be prepared for Board consideration.
Following discussion, it was the consensus of the Board that two
options relative to industrial waste disposal should be presented for
Board consideration.
The Board indicated that the franchise should be drafted to provide
that rate cards and insurance limits shoul d be set from time to time by
Board resolution.
The language providing for a non-opinion audit from Pleasant
Hill-Bayshore should be included in the draft franchise for
consi deration.
Mr. Hazard stated that right to appeal of staff deci si ons to the
Board will be provided in the garbage ordinance.
Member Carl son requested that staff correspond with the cities of
Orinda and Danville to advise them that the Board will discuss this
matter on February 6, 1986, and if possible would like to consider their
input at that time.
It was the consensus of the Board that written comments will be
accepted until January 24,1986.
VI.
BIDS AND AWARDS
1.
AUTHORIZE CONTRACT FOR DISTRICT PROJECT NO. 20014 SEISMIC
STRENGTHENING, AUTHORIZE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE A
CONTRACT At-ENDMENT FOR SERVICES DURING CONSTRUCTION AND AUTHORIZE
$847,500 FROM THE SEWER CONSTRUCTION FUND
It was moved by Member Dalton and seconded by Member Carlson, that
the construction contract for the Seismic Strengthening of Selected
Buildings, District Project No. 20014 be authorized to S. J. Amoroso
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Construction Company, Inc. per their proposal received December 10,1985,
that the General Manager-Chief Engineer be authorized to execute Contract
Amendment No.2 with H. J. Degenkol b Associ ates for services duri ng
construction, and that $847,500 be authorized in Sewer Construction Funds
for project completion. Motion approved on the following roll call vote:
AYES:
Members:
Carlson, Dalton, McNulty, Clausen, Boneysteele
NOES:
Members:
None
ABSENT:
Members:
None
VII. CONSENT CALENDAR
It was moved by Member Carlson and seconded by Member Dalton, that
the Consent Calendar, consisting of nine items, be approved as
recommended, resolutions adopted as appropriate, and recordings duly
authorized.
1.
Resol ution No. 85-151 accepti ng an easement at no cost to the
District from BLACKHAWK CORPORATION, San Ramon area (Job 4122 -
Parcel 3) was adopted.
Motion unanimously approved on the following roll call vote:
AYES:
Members:
Carlson, Dalton, McNulty, Clausen, Boneysteele
NOES:
Members:
None
ABSENT:
Members:
None
2.
Resol uti on No. 85-152 accepti ng an easement at no cost to the
District from MERCER ISLAND PARTNERS/G.V.L. INVESTORS, San Ramon
area (Job 4086 - Parcel 1) was adopted.
Motion unanimously approved on the following roll call vote:
AYES: Members: Carl son, Dalton, McNulty, Clausen, Boneysteele
NOES: Members: None
ABSENT: Members: None
3.
Resol uti on No. 85-153 accepti ng an easement at no cost to the
District from MERCER ISLAND PARTNERS/G.V.L. INVESTORS, San Ramon
area (Job 4086 - Parcel 2) was adopted.
Motion unanimously approved on the toll ow i ng rollcall vote:
AYES: Members: Carl son, Dalton, McNulty, Clausen, Boneysteele
NOES: Members: None
ABSENT: Members: None
4.
Reso 1 ut i on No. 85-154 accept i ng an easement at no cost to the
District from P.G.&E., Orinda area (Job 4119 - Parcel 2) was
adopted.
Motion unanimously approved on the following roll call vote:
AYES: Members: Carl son, Dalton, McNulty, Clausen, Boneysteele
NOES: Members: None
ABSENT: Members: None
5.
Resol uti on No. 85-155 accepti ng an easement at no cost to the
District from ELLINCENTER PARTNERS, Pleasant Hill area (Job 4145
- Parcel 2) was adopted.
Motion unanimously approved on the following roll call vote:
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59
AYES: Members: Carl son, Dalton, McNulty, Clausen, Boneysteele
NOES: Members: None
ABSENT: Members: None
6.
Resolution No. 85-156 accepting an easement at no cost to the
District from E. H. JOHNSON, Pleasant Hill area (Job 4126 -
Parcel 1) was adopted.
Motion unanimously approved on the following roll call vote:
AYES:
NOES:
Members:
Carlson, Dalton, McNulty, Clausen, Boneysteele
Members:
None
ABSENT:
Members:
None
7.
Resolution No. 85-157 accepting an easement at no cost to the
District from CONNECTICUT GENERAL LIFE INSURANCE COMPANY,
Pleasant Hill area (Job 3985 - Parcels 1 and 2) was adopted.
Motion unanimously approved on the following roll call vote:
AYES:
Members:
Carlson, Dalton, McNulty, Clausen, Boneysteele
NOES:
Members:
None
ABSENT:
Members:
None
8.
Agreement rel ati ng to real property with BURKE PROPERTIES, Job
1618, Parcel 4, in the Pleasant Hill area (Resolution No.
85-158) was approved and recording authorized.
Motion unanimously approved on the following roll call vote:
AYES:
NOES:
Members:
Carlson, Dalton, McNulty, Clausen, Boneysteele
Members:
None
ABSENT:
Members:
None
9.
Initi ati on of proceedi ngs to formal ly annex 10 separate areas
under the title of District Annexation 92 was authorized
(Resolution No. 85-159).
Motion unanimously approved on the following roll call vote:
AYES: Members: Carl son, Dalton, McNulty, Clausen, Boneysteele
NOES: Members: None
ABSENT: Members: None
CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER
None
VIII.
BUDGET AND FINANCE
1.
RECEIVE NOVEMBER 1985 FINANCIAL STATEMENTS
President Boneysteele stated that in view of the lateness of the
hour, detailed presentations on the financial statements would be waived.
There being no objection, the November 1985 Financial Statements were
received.
IX.
ITEMS LATE FOR THE AGENDA
None
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60
X.
REPORTS
1.
GENERAL MANAGER-CHIEF ENGINEER
a. Mr. Dolan, General Manager-Chief Engineer, reported that the SA
termination agreement has been signed by all parties.
2.
COUNSEL FOR THE DISTRICT
None
3.
SECRETARY OF THE DISTRICT
None
4.
BOARD MEMBERS
a. Member Dalton reported on the December 18 Solid Waste Commission
meeting.
XI.
MATTERS FROM THE BOARD NOT ON THE AGENDA
a. It was moved by Member Cl ausen and seconded by Member Dal ton,
that Resolution No. 85-160 urging CASA to seek state legislation to raise
the compensation for Board Members and to increase the number of meetings
allowed per month be adopted. Motion unanimously approved on the
following roll call vote:
AYES: Members: Carl son, Dalton, McNulty, Clausen, Boneysteele
NOES: Members: None
ABSENT: Members: None
b. Member Clausen recommended that the District contact the cities
inquiring if they would be interested in regulating and franchising
refuse collection in this District. A JPA could be formed and
administered by a Board made up of a one elected representative from each
city and one member of this Board. Following discussion, it was the
consensus of the Board not to proceed with this recommendation at this
time.
XII.
CLOSED SESSION
None
XIII.
ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION
None
XIV.
ADJOURNMENT
There being no further business to come before the Board, President
Boneysteele adjourned the meeting at the hour of 11:43 p.m., to reconvene
in an adjourned regular session at 7:30 p.m. on Thursday, January 9,
1986 .
~Q
President of the Board of Directors,
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
r tary of the Ce tral Contra
sta Sanitary District, County
of Contra Costa, State of California
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