HomeMy WebLinkAboutAGENDA BACKUP 04-21-88
.
Central ~ontra Costa Sanitary.. ~strict
BOARD OF DIRECTORS
PAGE 1 OF 2
NO.
III.
CONSENT CALENDAR 7
POSITION
PAPER
BOARD MEETING OF
SUBJECT
OUITCLAIM A PORTION OF SEWER EASEMENT, JOB 4378,
PARCEL 4, LAFAYETTE AREA
DATE
APPROVE QUITCLAIM
OF EASEMENT
SUBMITTED BY
Denni sHall
Associate En ineer
INITIATING DEPT./DIV.
Engineering Department/
lliY.S: Joseph Connery, a property ow ner whose property is subj ect to a Di stri ct
sewer easement, has requested the District to quitclaim a portion of the subject
easement.
SACKGROUNP: The subject easement was granted to the District in 1984 by Mr. Connery.
At that time it was believed the easement was necessary to provide future service to
properti es located north of Connery's property. It has been determi ned that these
properties will be sewered in a different direction. However, the southern 16 feet
of the" subject easement is still required because a public sewer will be installed
from Carol Lane to a point that is 10 feet within Mr. Connery's property.
REGQMMENDAtlON: Approve Quitclaim Deed to Joseph S. Connery, et ux, Job No. 4378,
Parcel 4, authorize the President of the District Board of Directors and the
Secretary of the District to execute said Quitclaim Deed, and authorize the Quitclaim
Deed to be recorded.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
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1302A-9/85 D H
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ROGER J. DOLAN
INITIATING DEPT./DIV.
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.
Centra. ~ontra Costa Sanitar) Jistrict
BOARD OF DIRECTORS
PAGE 1 OF 2
POSITION
PAPER
BOARD MEETING OF
April 21, 1988
NO.
III.
CONSENT CALENDAR 8
SUBJECT
DATE
AUTHORIZATION FOR P.A. 88-10 (DANVILLE) TO BE INCLUDED
IN A FUTURE FORMAL ANNEXATION TO THE DISTRICT
A ril 13 1988
TYPE OF ACTION
ACCEPT ANNEXATION FOR
PROCESSING
SUBMITTED BY
Dennis Hall
Associate En ineer
INITIATING DEPT.lDIV.
Engineering Department
Construction Division
Parcel
No.
Area
Owner
Address
Parcel No. & Acreage
Remarks
Lead
Agency
88-10
Danville
78E7
98E1
100Al
Divident Development Corp.
3600 Pruneridge Ave. #340
Santa Clara CA 95051
202-050-036 thru -040
310 Ac. +
Proposed Sub 6886 "Rassier
Ranch," plans call for
construction of 226 single
family homes. E.I.R. and
Development Plan approved
by the Town of Danville
Danville
RECOMMENDATION: Authorize P.A. 88-10 to be included in a future formal annexation.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
INITIATING DEPT./OIV.
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Central ~ontra Costa Sanitary LJistrict
BOARD OF DIRECTORS
PAGE 1
OF 2
POSITION
PAPER
BOARD MEETING OF
A ril 21, 1988
NO.
III.
CONSENT CALENDAR 9
SUBJECT
DATE
ESTABLISH MAY 19, 1988, AS THE DATE FOR A PUBLIC
HEARING ON ANNEXATION 99, "SHADOW CREEK ANNEXATION,"
AS AMENDED BY THE LOCAL AGENCY FORMATION COMMISSION,
DAME CONSTRUCTION COMPANY, DEVELOPER
SET HEARING
SUBMITTED BY
Dennis Hall, Associate Engineer
INITIATING DEPT.lDIV.
Engineering Department/
Construction Division
~: LAFCO has added four properti es to the above- referenced Di stri ct
annexation. A public hearing must be held before this District can order the
annexation of this parcel as amended.
a.AOK~ROUNP: The above-referenced annexation was sent to LAFCO as required for the
formal annexation process. LAFCO has amended the boundaries of the parcel as
submitted by the District to include four additional properties. As required by
law, staff will notify all affected property owners 15 days prior to the publ ic
hearing.
REOQMMENOATION: Set a public hearing date of May 19, 1988, for the annexation of
the above-referenced territory as amended by LAFCO.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
INITIATING ;;(IDIV.
1302A-9/85
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Central ~ontra Costa Sanitary ..,istrict
BOARD OF DIRECTORS
PAGE 1 OF
NO.
III.
CONSENT CALENDAR
10
POSITION
PAPER
BOARD MEETING OF
SUBJECT
ADVISE l1-IE BOARD OF l1-IE QOSE OUT OF l1-IE MEOiANICAL
MAINTENANCE AND MATERIALS CONTROL BUILDING PROJECT
(DISTRICT PROJECT 20027) AND RETURN $36,028 TO l1-IE
TREATMENT PLANT PROGRAM BUDGET
DATE
INFORMATIONAL
SUBMITTED BY
Munawar Husain, Associate Engineer
INITIATING DEPT./DIV.
Engineering Department/
Cons ruction Di ision
ISSU.~: All work has been completed on the construction of the Mechanical
Maintenance and Materials Control Building and this project can now be closed out.
~ACKGROUND: The new Mechanical Maintenance and Materials Control Building
provides expanded and improved storage space for $500,000 worth of inventory and a
centralized working area for maintenance functions which are needed for the
greatly expanded and more complicated treatment facilities. The Board of
Directors authorized a predesign 'of the building on October 3, 1985. The
predesign identified the project requirements for a design/build approach.
The Board awarded a contract to W.A. Thomas Co., Inc. and West Coast Contractors,
Inc., A Joint Venture, on May 15, 1986, for the design and construction of the
building. The contractor commenced work on May 30, 1986. The original contract
completion date was February 27, 1987. Construction work was completed on May 15,
1987 and benefici al use of the new facil ity was taken by the Di strict on May 18,
1987. Appropriate time extensions were negotiated with the contractor for change
order work and for late delivery of certain items. The project was accepted by
the Board on July 1, 1987.
The contractor's original construction contract was for $928,000. The total
contract amount paid to the contractor was $985,400.82. There were 13 change
orders totaling $57,400.82 issued for extra work associated with site
improvements, increasi ng the hei ght of the buil di ng to accommodate the crane,
painting, grading, changing doors, counters, and structural connectors.
The total budget for this project was $1,202,700. The total completed project
cost was $1,166,672, which is $36,028 less than the budget. Staff is closing out
the project which will result in $36,028 being returned to the Treatment Plant
Program Budget.
RECOMMENDATION: This item is presented to the Board of Directors for information
only. No action is necessary.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
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INITIATING DEPT./DIV.
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1302A-9/85
.
Centra~ Contra Costa Sanltar) Jlstrlct
BOARD OF DIRECTORS
PAGE 1 OF
POSITION PAPER BOARDMEET'P:~rOf1 21, 1988
NO.
III. CONSENT CALENDAR 11
APPROVE THE ATTENDANCE OF KEN F. LAVERTY, PURCHASING
AND MATERIALS OFFICER, AT THE NATIONAL ASSOCIATION
OF PURCHASING MANAGEMENT ANNUAL CONFERENCE
DATE
April 1~, 1988
SUBJECT
TYPE OF ACTION
APPROVE CONFERENCE
ATTENDANCE
SUBMITTED BY
Paul Morsen, Deputy General Manager
INITIATING DEPT.lDIV.
Administrative/Purchasing
ISSUE: The Board of Director's approval is required for attendance at an out-of-state
conference in Nashville, Tennessee.
BAa<GROUtI>: In January, 1988, Mr. Ken F. Laverty was elected President of the
California Association of Public Purchasing Officers (CAPPO). One associated duty of
being CAPPO President is traveling to the National Association of Purchasing
Management (NAPM) Annual Purchasing Conference, this year being held in Nashville,
Tennessee, May 16-18, 1988. CAPPO is affiliated with NAPM and holds a voting
membership on the Certification Committee.
Besi des the necessary CAPPO rel ated busi ness meeti ng with the NAPM President and
staff, the Conference will provide fifteen hours of classroom training in measuring
purchasing productivity., the law of warranties, doing business with minority
vendors, publ ic agency workshops, paperless purchasing, and many other beneficial
purchasing topics. All of these topics are faced at the District, and the
up-to-date discussions of these can only benefit the District.
CAPPO will pay all expenses rel ated to attendance at the NAPM Annual Conference.
REcotItEtI>ATION: . Approve the attendance of Ken F. Laverty at the NAPM Annual
Purchasing Conference in Nashville, Tennessee.
REVIEWED AND RECOMMENDED FOR SOARD ACTION
PM
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Central ~ontra Costa Sanitary ..Jistrict
BOARD OF DIRECTORS
PAGE 1 OF 2
POSITION
PAPER
BOARD MEETING OF
April 21, 1988
NO.
IV.
TREATMENT PLANT
1
SUBJECT
AUTHORIZE EXCEPTION TO THE DISTRICT STANDARD BIDDING
PROCEDURE FOR THE RETROFIT WORK NECESSARY FOR THE
WASTEWATER RECLAMATION DEMONSTRATION PROJECT
DATE
April 18, 1988
TYPE OF ACTION
AUTHORIZE
EXCEPTION
SUBPjI~l. Belcher
Associate Engineer
INITIATING DEPT.lDIV.
Plant Operations Department
ISSUE: Authorize excepti on to the Di strict standard bi ddi ng procedure for the
retrofit work necessary for the Wastewater Reclamation Demonstration Project.
BACKGROUND: Plant Operations Department staff is requesting an exception to the
District standard bidding procedures in order to expedite the Filter Plant facilities
retrofit for start-up of the demonstration reclamation project by May, 1988. Staff
believes it is strongly in the District's interest to procure these construction
services by negotiated contract rather than the formal public bid process. Only use of
the negotiated contract process will allow the demonstration project to achieve
start-up in May, 1988.
In order to provide the reclaimed water to the Contra Costa Water District (CQ/D),
retrofit of the filter plant facil ities is required in order to comply with the
Capital Regional Water Quality Board and the Department of Health Services Title 22
Standards and to interface with the District Outfall Rehabil itation Project. The
retrofit proj ect, which must be compl eted prior to the start-up of the Wastewater
Recl amati on Demonstrati on proj ect and for wh ich costs exceed the $10,000 bi ddi ng
limit, is the installation of the bypass rate control valve and appurtenances
(approximate cost - $17,000).
The low rainfall for the past two years is projected to result in near drought
conditions for the summer of 1988. East Bay Municipal Utilities District (EBMUD) has
already declared an emergency water shortage and will enact a rationing program or
alternative conservation program this spring. EBMUD and. CQ/D have a water sharing
agreement which requires that CCWD must take action reciprocal to EBMUD's rationing or
conservation program. The Contra Costa County Board of Supervisors has also requested
that CCWD share its water with EBMUD during this drought period.
Central Contra Costa Sanitary Di strict and CQ/D have undertaken to joi ntly pursue a
demonstration industrial cooling water reclamation project to begin in May, 1988.
Under th is proj ect, 3 to 5 t-GD of recl aimed water will repl ace the use of CCWD Contra
Costa canal water which can be used as a source of drinking water for domestic
northern central Contra Costa customers. This 3 to 5 t-GD of recl aimed water. can
provide sufficient offset to supply up to 10,000 households with their normal
allocation of water during this drought period.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
1302A-9/85
KA
SUBJECT
AUTHORIZE EXCEPTION TO THE DISTRICT STANDARD BIDDING
PROCEDURE FOR THE RETROFIT WORK NECESSARY FOR THE
WASTEWATER RECLAMATION DEMONSTRATION PROJECT
POSITION PAPER
2
OF 2
PAGE
DATE
Ap r i 1 18, 1988
Al though desi gn draw i ngs for these retrofit proj ects are now compl ete, the standard
publ ic bi d timi ng and award process woul d prevent the contractor from starti ng these
projects until mid to late May. The staff has al ready obtained informal bids and
authorized a contractor to start work immediately upon authorization by the Board to
grant an exception to the District's Standard Bidding Procedures. The negotiated bid
process could allow completion of these projects in early May. This timing would
fulfill the District's obligation to CQ/D and provide reclaimed water to ameliorate
the drought conditions at the earliest possible time.
District Counsel has informed staff that prevailing law allows a public entity under
exceptional factual circumstances to forego the public bidding process, if such process
works an "i ncongruity is unavai 1 i ng as affecti ng the fi nal resul t, or where the
competitive bidding process does not produce any advantage." More simply put, in
unusual ci rcumstances where the best interest of the Di strict cl early dictates that
work should be undertaken without putting the project to public bid, the District can
undertake such work without public bid.
District Counsel has also informed staff that Section 20806 of the Public Contracts
Code provides for the Board to waive the public bid requirements in emergencies when
there is a "great public calamity." Although it can be argued that the drought
constitutes such a cal amity, staff has concl uded that the above noted excepti on for
unusua-I instances where publ ic bi ddi ng may serve a di sserv ice to the publ ic is more
germane to these facts.
Staff believes that it is in the best interest of the District to except this project
from the Standard Bidding Procedures for the following reasons:
A. The current drought conditions require that every available effort be made to
conserve the county's water resources, including reclamation projects.
B. The District has made a commitment to provide recl aimed water to CQ/D by
May 1, 1988.
RECOMMENDATION: Authorize exception to the District standard bidding procedures for
the retrofit work on the Wastewater Reclamation Demonstration Project as being in the
"public's best interest."
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13028-9/85
.
Central ~ontra Costa Sanitary ...Jistrict
BOARD OF DIRECTORS
PAGE 1 OF 2
POSITION
PAPER
BOARD MEETING OF
.?-I
April ~ 1988
NO.
V. COLLECTION SYSTEM
1
AUlHORIZE PUROlASE OF EQUIPMENT TO TRANSPORT WATER TO
SUPPORT CSOD MAINTENANCE ACTIVITIES AND AUlHORIZE
$78,000 FROM lHE SEWER CONSTRUCTION FUND FOR lHE
GENERAL IMPROVEMENTS PROGRAM CONTINGENCY ACCOUNT
DATE
April 15, 1988
TYPE OF ACTION
AUlHORIZE EQUIPMENT
PU ROl AS E,
AUlHORIZE FUNDS
SUBJECT
SUBMITTED BY
INITIATING DEPT./DIV.
John Larson, Manager
Collection System Operations Department
ISSUE: Board authorization is needed to purchase equipment and to supplement
the General Improvements Program Conti ngency Account from the Sewer
Construction Fund.
BACKGROUND: CSOD uses 20,000 to 30,000 gallons of water each working day to
cl ean the coll ecti on system. The maj ority of the water comes from EBMJD.
EBMJD has decl ared a drought emergency and thei r staff has recommended that
water used for sewer fl ushi ng shoul d be elimi nated to conserve water. They
have the ability to take this step under their regulations and their
recommendation to ban the use of water is made with the understanding that
lower quality water can be used for thi s purpose. The date of the ban is
tentatively set at June 1, 1988.
During the 1977-78 drought the District attempted to reclaim water from the
sewers. The effort di d not work out because of mechani cal probl ems with the
water treatment hardware. It is not recommended that this be attempted.
CSOD can use effluent from the treatment plant to meet its needs, however, the
sewer cleaning equipment must be suppl ied with the water at the jobsite. To
do this the District would need the following equipment.
2
1
2
8,000 gallon tank trailers
10 wheel tractor
Engine powered pumps
Total Cost
$42,000
30,000
6,000
$78,000
Purchase of the equipment is recommended over rental/lease because the cost
after resale will be less to purchase. In addition, a temporary employee
woul d be added to the CSOD staff to fill in for the water truck driver at a
cost of approximately $12,000 (June through November). The temporary employee
woul.d be terminated when EBMJD lifts the ban and the equipment would be sold
when it is clear that the drought has ended. The proceeds from the sales of
the equipment would be returned to the Sewer Construction Fund.
It is not clear at this time what EBMJD's final position will be. No action
will be taken by staff to commit the District to this course of action until
after EBMJD has taken a formal action to prohibit sewer flushing.
REVIEWED AND RECOMMENDED FOR BOARD ACT/ON
ROGER J. DOLAN
SUBJECT
AUTHORIZE PURCHASE OF EQUIPMENT TO TRANSPORT WATER TO
SUPPORT CSOD MAINTENANCE ACTIVITIES AND AUTHORIZE
$78,000 FROM THE SEWER CONSTRUCTION FUND FOR THE
GENERAl IMPROVEMENTS PROGRAM CONTINGENCY ACCOUNT
POSITION PAPER
PAGE
DATE
2 2
OF
April 15, 1988
The increased cost of hauling effluent will be partially offset by a $10,000
per year savings in water bills and meter rentals.
This purchase should be funded from the fiscal year 1987/88 Capital Improvement
budget's General Improvements Program Contingency Account. However, the current
balance in this account is less than $10,000. It is requested that the Board
authorized $78,000 from the Sewer Constructi on Fund to suppl ement the General
Improvements Program Contingency Account.
REaltIENDATION: Authorize the purchase of equi pment to transport water to
support CSOD mai ntenance activ iti es and authorize $78,000 from the Sewer
Constructi on Fund for the General Improvements Program Conti ngency Account.
---------.
13028-9/85
.
Centra~ ~ontra Costa Sanitary Jistrict
BOARD OF DIRECTORS
PAGE 1 OF 1
POSITION PAPER BOARD M~p~~r O:h, 1988
NO.
II. BUDGET AND FINANCE 1
SUBJECT
DATE
April 13, 1988
APPOINTMENT OF DISTRICT AUDITOR
TYPE OF ACTION
APPOINT AUDITOR
SUBMITTED BY
INITIATING DEPT.lDIV.
Walter N. Funasaki, Finance Officer
Administrative/Finance & Accounting
ISSUE: The Board of Directors is required to appoint an independent public
accounting firm as the District's auditor to perform the examination of the
financial statements for the fiscal year ending June 30, 1988.
BACKGROUND: The Board of Di rectors has followed the practice of rotati ng the
District's auditor after four or five successive annual audits. Hood and Strong has
served as the District auditor for the last five fiscal years 1983 through 1987. On
Octobe.r 15, 1987, the Board authorized issuing a request for proposal to sel ect a
successor auditing firm for the 1987-1988 fiscal year.
Requests for proposals were sent to five public accounting firms. Three firms
submitted proposals; the other two firms declined to submit proposals, citing an
inability to provide staffing for the engagement. The firms submitting proposals
were:
Johnston, Gremaux & Rossi
500 Lennon Lane
Walnut Creek
Laventhol & Horwath
425 Market Street
San Francisco
Pannell Kerr Forster
425 California Street
San Francisco
The three proposals were reviewed by a selection committee composed of P. Morsen,
W. Funasaki, and Board Members W. Dalton and P. Boneysteele. Client references were
contacted by District staff. Representatives of the three firms were interviewed by
the selection committee on March 22, 1988. A subsequent committee meeting was held
on April 11, 1988 to consider additional information requested from two of the
firms.
After considering the results of the interview, the written proposals and cl ient
references, the firm of Johnston, Gremaux & Rossi was selected by the committee for
recommendation to the full Board of Directors.
RECOMMENDATION: Appoint Johnston, Gremaux & Rossi, Certified Public Accountants, as
District auditor beginning the fiscal year ending June 30, 1988, as recommended by
the se-I ection committee.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
INITIATING DEPT./DIV.
~ c7aN'--t::--J
1302A-9/85 W F
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PM
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Centr,",-_ Contra Costa Sanltal" District
BOARD OF DIRECTORS
PAGE 1 OF 1
POSITION PAPER
NO.
VII. BUDGET AND FINANCE 3
SUBJECT
DATE
RECEIVE 1l-IE DRAFT FISCAL YEAR 1988-89 CAPITAL
IMPROVEMENT BUDGET AND 1l-IE DRAFT 1988 TEN-YEAR
CAPITAL IMPROVEMENT PLAN FOR REVIEW
TYPE OF ACTION
RECEIVE CIB &
CIP
INITIATING DEPT./DIV.
Engineering Department/
P Di ision
SUBMITTED BY
James R. Coe
ISSUE: The District's draft Fiscal Year 1988-89 Capital Improvement Budget and
1988 Ten-Year Capital Improvement Plan have been prepared by staff and are ready
for Board review.
BACKGROUND: The draft Fiscal Year 1988-89 Capital Improvement Budget and the
1988 Ten-Year Capital Improvement Pl an are presented in two separate documents.
The annual Capital Improvement Budget establishes near-term project priorities
and authorizes the 1988-89 Fiscal Year Capital Program Budgets. Detailed
information for projects that are anticipated to be active in Fiscal Year 1988-89
is presented in the Capital Improvement Budget document.
The Capital Improvement Pl an sets long-term capital improvement goal s for the
District, provides the basis for staffing levels related to capital activity, and
provides the basis and justification for capital rates and charges. Staff
anticipates presenting the Board with a capital rate review package in November
or December of this year. Board review of the Capital Improvement Plan will be
requi red at the time of rate setti ng. In the future, staff recommends that
Capital Improvement Pl an submission and approval and capital rate review
activiti es occur annuall y in the fall. The rate rev iew package that will be
submitted to the Board in November/December will include an analysis of rate
scenarios and financing alternatives.
On April 5 and April 12, 1988, the Capital Projects Committee met with District
staff to review the draft Capital Improvement Budget and Plan. The Committee has
approved the documents for submission to the full Board. The two documents are
submitted for initial review by the full Board at this time. The Capita1
Improvement Budget and the Capital Improvement Pl an are currently schedul ed for
approval on June 2, 1988, and for adoption on June 16, 1988, in conjunction with
the O&M Budget. A workshop is schedul ed at the May 5, 1988, Board meeti ng to
discuss the Capital Improvement Budget and Plan.
RECOMMENDATION: Receive the draft Fiscal Year 1988-89 Capital Improvement Budget
and draft 1988 Ten-Year Capital Improvement Plan for review.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
RAB
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JMK
INITIATING DEPT./DIV.
_._~"~_.*.___._,.______,___~_.__._____.~__,.._~_._.___......____.__..____~._._._,,_____M______~___
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Centre.. Contra Costa Sanitar) District
BOARD OF DIRECTORS
PAGE 1 OF 3
POSITION PAPER BOARD MEETING OF
April 21, 1988
NO.
V I I I. PERSONNEL 1
SUBJECT
DATE
APPROVE PERSONNEL BUDGET REQUESTS FOR FISCAL. YEAR 1988-89
April 12, 1988
TYPE OF ACTION
APPROVE BUDGET
SUBMITTED BY
INITIATING DEPT./DIV.
Cathryn Freitas. Personnel Officer
Administrative/Personnel
ISSUE: Staff has analyzed its personnel needs for Fiscal Year 1988-89 and is
submitting its requests for final Board consideration and approval at the April 21st
Board meeti ng.
BACKGROUND: Each department has reviewed its staffing requirements for Fiscal Year
1988-89. The Personnel Budget includes memoranda from each department (Attachments
I, II, III, IV, V & VI> with detailed explanations on the effect of these recommended
staffing changes.
The attached summary sheet (Attachment I) highlights each department's staffing
requests and summarizes thei r effect on the number of total authorized positions in
the District. As shown in the summary, the total number of authorized positions in
the District would increase by eight (8) over last year; the number of requested new
positions (9) is partially offset by a position recommended for deletion (1).
In addition to the increased number of positions, the salaries and wages in the
1988-89 0 & M Departmental Budgets will increase from the previous year due to the
following:
o Any sal ary adj ustment if granted as a resul t of the current meet and confer
activities with District bargaining groups;
o Merit increases scheduled in 1988-1989;
o Filling authorized positions which were vacant in 1987-1988; and
o Positions authorized in 1987-1988 which were budgeted for a partial year because
of the time required to fill positions.
On Monday, March 28, 1988, the Personnel Committee met to review the proposed budget.
The following Board authorizations and modifications to the District staffing charts
were discussed at that meeting. They were received by the Board at the April 7, 1988
Board Meeting and are presented below for your final consideration:
Administrative Department
I.> Add one Personnel Assistant, $-52, $1966-$2375.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
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PM
INITIATING DEPT./DIV.
1302A.9/85
CRF
SUBJECT
POSITION PAPER
APPROVE PERSONNB. BUDGET REOUESTS
FOR FISCAL YEAR 1988-89
PAGE
DATE
2
OF
3
April 21, 1988
Collection System Operations Department
2.> Delete one Collection System Superintendent, S-77, $3560-$4312.
3.> Add one Associate Engineer, S-77, $3560-$4312.
4.> Add one Collection System Technician, salary and class description to be
reviewed and adopted by the Board at a later date.
Plant Operations Department
5.> Add one Plant Operator III, G-65, $2660-$3224.
Engineering Department
6.> Add one Secretary 1/11, G-45, $1661-$2003.
7.> Add one Administrative Analyst, G-68, $2860-$3461.
8.> Add one Engineering Assistant, G-69, $2931-$3541.
9.> Add two entry-level engineers, salary and class description to be reviewed and
adopted by the Board at a later date.
Co-op Program
10.> Authorize the hiring of students to fill nine positions in the Co-op Program.
RE<XMENDATION :
Approve the Personnel Budget for Fiscal Year 1988-1989 herein identified by items one
through ten.
L-.______.
13028-9/85
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Centra~ ~ontra Costa Sanitary Jistrict
BOARD OF DIRECTORS
PAGE 1
OF 43
POSITION
PAPER
BOARD MEETING OF
April 21, 1988
NO.
IX.
SOLID WASTE
1
SUBJECT
DATE
CONSIDER DISTRICT PARTICIPATION IN JOINT POWERS AGREEMENT
TO DEAL WITH Sa.. 10 WASTE MA TIERS
April 18, 1988
TYPE OF ACTION
CONSIDER PARTICI-
P A nON IN SOL. 10
WASTE JPA
SUBMITTED BY
INITIATING DEPT./DIV.
Paul Morsen, Deputy General Manager
Administrative
ISSUE: The District, among other sol id waste franchisers in the Central County
area, has commissioned a study to explore the feasibil ity of developing a joint
powers agreement within Central Contra Costa County to deal with various solid waste
issues. The study is complete and is being presented to the commissioning agencies.
BACKGROUND: In addition to the Central Contra Costa Sanitary District, the
franchising cities of Martinez, Pleasant Hill, Concord, Walnut Creek, and San Ramon
commissioned Price Waterhouse to undertake a study to assess the feasibil ity of a
joint -powers agency to deal with solid waste matters facing garbage franchisers.
In June of 1987, Price Waterhouse submitted a proposal to the various jurisdictions
to conduct this study. The jurisdictions proceeded to contract with Price
Waterhouse to undertake the study and formed a joint powers agreement study group.
A policy committee, comprised of elected officials from each of the jurisdictions,
was formed. Senior staff members from each jurisdiction formed a management
committee. These two committees, meeti ng together, provided di recti on to Price
Waterhouse in pursuit of the consulting engagement.
The study that finally emerged is attached. The feasibil ity study is one document
and attached to that document is a draft joint powers agreement which illustrates
the makeup and organization of the proposed joint powers agency.
Mr. Bob Hilton, from Price Waterhouse, is the consultant who managed the engagement.
Mr. Hilton will be present at the April 21, 1988 Board Meeting to make a
presentation on his work and answer the Board's questions. After Mr. Hilton's
presentation, the Board is encouraged to discuss this issue and make a decision on
whether the District should take the next step in the development of a joint powers
agency. If the Board wishes the Di strict to do so, it shoul d authorize Di strict
Counsel to work with other franchising jurisdictions' counsels in reviewing and
drafting a joint powers document that all agencies who wish to join could support.
RECOMMENDATION: 1) Receive presentation of Mr. Bob Hilton; 2) Discuss and decide
whether the Di strict shoul d endorse the concept of a j oi nt powers agency and take
the next step in the development of a joint powers agency to deal with solid waste
issues; and 3) Authorize District Counsel to assist other franchising agency
counsels in drafting a joint powers agreement, as appropriate.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
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CONTRA COSTA
SOLID WASTE JOINT POWERS AUTHORITY
FEASIBILITY STUDY
FINAL REPORT
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150 Almaden Booolevard
San Jose, CA --,
Telephone 408 282 1200
Price JfUterhouse
.
April 14, 1988
Hr. Roger Dolan
General Manager
Central Contra Costa
Sanitary District
5019 Imhoff Drive
Martinez, CA 94533
Dear Mr. Dolan:
The Central Contra Costa Sanitary District and the
cities of Concord, Martinez, Pleasant Hill, San Ramon
and Walnut Creek engaged Price Waterhouse to study the
feasibility of the Development of a Central Contra Costa
Solid Waste Joint Powers Authority.
With the substantial assistance of both elected and
appointed officials from these organizations, we have
conducted this study and documented our findings in
this report.
While the Executive Summary of the report succinctly
describes the results of the study, we are prepared to
present our findings to your Board and respond to any
questions they may have. Should you wish to arrange
for such a presentation, please contact Robert Hilton
(408) 282-1276 or myself at (415) 393-8500.
An issue which was not resolved at the time the draft
Joint Exercise of Powers Agreement was prepared related
to the procedures used in exercising the powers defined
in the Joint Exercise of Powers Agreement. This issue
was researched by Central Contra Costa Sanitary
District's counsel. I understand his opinion to be that
the procedures to be followed by the JPA should be
designated in the Joint Exercise of Powers Agreement as
being either those which govern cities or those which
govern districts. Therefore, this issue should be
resolved during the process of finalizing the Joint
Exercise of Powers Agreement.
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April 14, 1988
Mr. Roger Dolan
Page 2
We have appreciated the opportunity to once again be of
service to you and to the other participants in this
study.
Sincerely,
?~Jl~
Ernest J. Mortensen
Partner
Enclosures -
As stated
cc:
Mr. Donald A. Blubaugh
Mr. Jack Garner
Mr. James Robinson
Mr. Joe Tanner
Mr. Michael Uberuaga
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CONTRA COSTA
SOLID WASTE MANAGEMENT
JOINT POWERS AUTHORITY
TABLE OF CONTENTS
I EXECUTIVE SUMMARY
II STATUS OF LANDFILL SITING AND DEVELOPMENT
III HISTORICAL SOLID WASTE MANAGEMENT ORGANIZATION
IV POTENTIAL BENEFITS AND RISKS OF JOINT ACTION
V EXISTING SOLID WASTE MANAGEMENT ORGANIZATION
VI STUDY METHOD
VII MISSION OF THE JPA
AREAS OF CONCERN
AUTHORITY
ORGANIZATION
VIII PROPOSED JOINT POWERS AUTHORITY (JPA)
IX ASSESSMENT OF PROPOSED JOINT POWERS AUTHORITY
APPENDIX 1
DRAFT JOINT EXERCISE OF POWERS AGREEMENT
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I. EXECUTIVE SUMMARY
The siting of a landfill disposal facility (and, as necessary,
other related solid waste facilities) in Contra Costa County
(county) is a critical need which must be fulfilled by the County
of Contra Costa (County), cities and districts. Historically,
the responsibility for achieving this objective has been
disbursed among these public agencies as well as private
companies.
The sponsoring agencies of this feasibility study are considering
whether an organization of the responsible public agencies into a
JPA might facilitate the development and regulation of disposal
facilities. (It is imDortant to note that the JPA under
consideration would not be involved in solid waste collection or
local recyclinq activities.) Some of the benefits which may
result from such an organization are:
o A single solid waste authority;
o Shared costs of development;
o Increased leverage in negotiations;
o Development of a public alternative; and
o The shared costs of regulation.
At the same time, risks may also be present, such as the creation
of delays in current siting activities and adding to the
multiplicity of organizations involved in this siting issue.
As a result of discussions with the Management Committee, the
following tentative recommendations were formulated for con-
sideration by the Policy Committee.
1) A JPA should focus on siting, constructing, operating (or
causing to be operated) and regulating a landfill disposal
site and, as necessary, transfer facilities.
2) The jurisdictions which form a JPA should provide it broad
powers related to the development and operation of a
landfill disposal and, as necessary, transfer facilities.
3) A JPA should commence with a membership which regulates a
substantial portion of the wastestream, be governed by a
board of elected officials and be provided flexibility in
how it organizes itself.
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After several meetings, the Policy Committee developed a
consensus regarding the type of JPA which it believed could
receive political support. The JPA is described below:
o The purpose of the JPA is to assure residents cost effective
solid waste disposal facilities.
o The JPA could advise, and advocate the interests of, the
agencies as well as participate in the planningldevelopmen~
operation and rate regulation of regional disposal
facilities.
o The JPA would be governed by a Policy Committee of elected
officials and administered by a Management Committee of
chief administrative officers.
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o The financing of any regional facilities or programs would
be subject to separate agreement by the agencies.
It is our opinion that the JPA developed by the study's Policy
Committee could be effective in advancing the interests of the
member agencies. This opinion is based upon the following
conclusions:
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o The activities of the JPA are well considered and reflect
the common concerns of the agencies involved.
o The agencies involved have the authority to effect their
policies through their ability to determine the disposal
site for solid waste collected in their jurisdictions and/or
to set rates for solid waste collection.
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o The member agencies have qualified staff to effectively
advise the JPA and, where special expertise is required, the
JPA has the ability to engage qualified experts.
o The authority of the JPA is clearly defined and the powers
of both the Policy and Management Committees are properly
assigned with adequate controls over their activities.
o The JPA can effectively adapt to the changes in the solid
waste issues and can both support and monitor privately
owned facilities as well as develop publicly owned
facilities, as appropriate.
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II. STATUS OF LANDFILL SITING AND DEVELOPMENT
The county is facina a substantial crisis in the disposal of its
solid waste. Within a few vears. currentlv Dermitted landfill
capacity will be exhausted. Two aDDroaches (a Drivate apDroach
and a ioint cublic/crivate accroach) are beina considered.
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The three existing landfill disposal sites are expected to reach
capacity by 1991. The ACME landfill, which services the disposal
needs of the central county, had been scheduled to close in June
of 1989. However, ACME Fill Company recently announced that the
landfill may close in January of 1989. This allows only ten
months for making arrangements for disposal facilities. While
expansion of the existing sites is physically possible, obtaining
the necessary permits would take a considerable amount of lead
time and permit approval may not be possible.
The County is processing applications for two privately proposed
landfill sites (Kirker Pass Waste Management Landfill and the
East Contra Costa Sanitary Landfill). (These two privately pro-
posed landfill sites have a capacity of at least 20 years.) The
County is currently split over these landfill sites and whether
to ask for an advisory vote. The County is also processing an
application for a transfer station to be located at the current
ACME Landfill site. (However, internal disputes in the ACME Fill
Corporation have caused confusion over the plans for the transfer
station. )
The County Board of Supervisors has also recently issued a
"Request for Conceptual Proposals for Solid Waste Landfill Acqui-
sition, Permitting and Development". The Request for Conceptual
Proposals envisions a site with at least 20 years of capacity.
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xxx. HXSTORXCAL SOLJ:D WASTE MANAGEMENT ORGANXZATION
Many factors outside the control of local aaencies have created
this crisis. The historicallv diffused authority for solid waste
manaaement may have made it difficult to anticioate this oroblem
and imolement olans to orevent what has occurred.
COUNTYWIDE
The formal public manaqement of the solid waste system in the
county beqan in 1971 with the County's inclusion of a Refuse
Disposal Plan as part of the utilities Element of the General
Plan. (Prior to this date, the cities and districts indepen-
dently franchised solid waste collection and the County adopted
ordinances to requlate disposal sites and collection practices.)
Throuqhout the 1970's, the County Board of Supervisors appointed
various committees to advise it in its State-mandated planning
function. These various ad-hoc committees evolved into the
current Solid Waste Commission which advises the Board of Super-
visors on solid waste matters.
Individual areas of the county have orqanized themselves to deal
with solid waste issues.
CENTRAL CONTRA COSTA COUNTY
In 1984, the County and the Central Contra Costa Sanitary
District (CCCSD) jointly sponsored a study to identify po-
tential solid waste disposal sites. This study was ini-
tiated in response to the crisis facinq the county in the
form of inadequate lonq-term landfill capacity. The County
was involved in this study because of its responsibility for
county-wide solid waste planninq and requlation. CCCSD was
involved because it franchises 40' of the solid waste qen-
erated in central contra costa county.
The cities of Concord, Walnut Creek, Martinez and Pleasant
Hill and the CCCSD jointly participated in a 1985 study of
solid waste disposal rates at the ACME Landfill. A similar
study sponsored by the same aqencies was conducted in 1987.
These studies were initiated in response to increases in
landfill tippinq fees instituted by ACME Landfill Corpora-
tion.
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WEST CONTRA COSTA COUNTY
The West Contra Costa Solid Waste Management Authority was
created in 1985 by the cities of El Cerrito, Hercules,
Pinole, Richmond, San Pablo and the West Contra Costa Sani-
tary District. This Authority was established for two
reasons:
o Each of the member agencies was concerned about its
ability to provide for adequate solid waste handling
within its jurisdiction: and
o Each of the member agencies believed that a combination
of their separate powers and abilities would enable
them to accomplish this responsibility.
EAST CONTRA COSTA COUNTY
The Delta Diablo Sanitary District, City of Antioch, City of
Pittsburg and City of Brentwood joined together to study
potential east county landfill disposal sites identified in
the 1984 joint County and Central Contra Costa Sanitary
District study described above. This study involved the
further study of geotechnical and biological issues related
to these sites.
Currently, the east county jurisdictions have a proposal
before the Board of Supervisors requesting their consent for
the development of an east county landfill. This request is
pending the Board's actions on the two private landfill
sites discussed above.
Historically, the County has been responsible for high-level
solid waste planning and the regulation of the health aspects of
solid waste management. The cities and districts have been
responsible for franchising collection services. However, no one
public agency has had the clear responsibility to help ensure
that the solid waste system in the county is managed in a manner
consistent with the public's best interest.
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IV. POTENTIAL BENEFITS AND RISKS OF JOINT ACTION
The cities and district sponsoring this feasibility study did so
to explore what benefits and risks may result from joint action
regarding solid waste issues in the County. While it is
difficult in a specific way to discuss these benefits and risks
some general comments can be made.
In all Drobability. each of the franchisina aaencies will be
reauested to take action relative to solid waste disDosal.
1) The land use permits for new landfill or transfer station
facilities will require approval by the appropriate land use
permitting jurisdiction.
2) The County Solid Waste Plan amendment to incorporate these
facilities into the Plan will require the approval of a
majority of cities.
3) The financing of these facilities may necessitate the
commitment of each franchisees' wastestream to the facility.
In apDrovina any or all of these actions. the coordinated
activity of the cities. districts and county could Drovide the
followina benefits:
A Single Solid Waste Authoritv: Should the jurisdictions
deem it reasonable, they could establish a single solid
waste disposal authority with broad powers to plan and act
on solid waste disposal issues. Because of its broad base
of participation, it could facilitate the resolution of such
issues by providing a single forum for their consideration
rather than the multiplicity of forums which currently
exist.
Shared Cost of Investiaation: To the extent that the
proposals presented to the jurisdictions require analysis as
to their environmental or economic impacts, the cost of this
analysis can be shared, thereby reducing the cost to each
jurisdiction.
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Increased Leveraae in Neaotiations: Through their ability
to control both the planning function and the wastestream,
the joint action of the jurisdictions would represent a
stronger negotiating position than that which could be pre-
sented by any single jurisdiction. Further, to the extent
desirable to the jurisdictions, efforts could more cost-
effectively be expended on the development of the best
available alternative to that which could be obtained
through negotiations (reference Development of a Public
Alternative below).
Development of a Public Alternative: While private solid
waste facilities have been proposed by developers and a
joint private/public disposal facility is being investigated
by the County, the joint action of the jurisdictions may
make it feasible to consider a purely public disposal
facility. It is unlikely that such a facility could be
proposed by any single jurisdiction.
Shared Cost of Administration: If rate regulation at the
disposal site is a condition of its permit, the cost of the
regulation can be shared, thereby reducing the cost to each
jurisdiction.
At the same time that benefits could result from joint action,
certain risks may also be present.
Creation of Delays in CUrrent sitina Activities: Obtaining
the political consensus of the jurisdictions to agree upon
the scope of their joint areas of concern and the limits of
their joint actions will require time. This may make less
timely the development of any disposal facility or transfer
station.
MUltiplicity of Oraanizations: CUrrently, Federal, State
and numerous local organizations are involved in solid waste
disposal facility siting. To the extent that the joint
actions of the jurisdictions adds to this multiplicity
rather than streamlines it, developing the necessary
agreements among all parties for the facility may become
more difficult.
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V. EXISTING SOLID WASTE MANAGEMENT ORGANIZATION
While numerous county. city. sDecia1 district. and private
oraanizations are currentlv involved in the solid waste disDosal
crisis. all are in some way deDendent UDon the others to effect
their decisions.
The planning, implementation and enforcement of solid waste man-
agement practices are under the jurisdiction of Federal, State
and local agencies. The role of the local organizations cur-
rently involved in solid waste management are described below:
County:
The County Board of Supervisors is jointly responsible with
the cities for preparation and implementation of the County
Solid Waste Management Plan.
To advise the Board on policy and technical matters, the
Solid Waste Commission (Commission) was formed. A Technical
Advisory Committee (TAC) to the Commission has been
appointed to provide technical recommendations and reports
to the Commission.
The Board does not presently franchise solid waste collec-
tion in the unincorporated areas of the county. Therefore,
it is dependent upon the cities and districts for the con-
trol of the county's collection activities and wastestream.
cities:
City councils can negotiate rates, issue or revoke permits,
enter into franchise collection agreements with waste
haulers (and thereby maintain control of their portion of
the wastestream) and collect a franchise fee.
cities are jointly responsible with the County for prepara-
tion and implementation of the county's Solid Waste Manage-
ment Plan. However, the planning process requires a major-
ity of cities to agree to amendments to and revisions of the
County Solid Waste Management Plan.
cities have wide powers to adopt and enforce ordinances
related to solid waste practices and related land use deci-
sions within their corporate limits. However, cities have
no powers outside of their corporate limits and are depen-
dent upon the County and other cities for the siting of
facilities outside of their jurisdiction.
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Special Districts:
There are eight special districts which franchise residen-
tial waste collection in unincorporated areas (and in some
cities). Each has its own ordinance and power to negotiate
franchise agreements. The exercise of their authority and
their dependence upon the cities and county is similar to
that described above for cities.
West Contra Costa Solid Waste Manaaement Authority (WCCSWMA):
The WCCSWMA was established in 1985 as a JPA between the
cities of Hercules, Pinole, San Pablo, Richmond, El Cerrito,
and the West Contra Costa Sanitary District. The WCCSWMA
conducts studies in the west county pertaining to solid
waste disposal and collection rates, recycling and compost-
ing, waste-to-energy, and other solid waste matters.
Private Companies Involved in Solid Waste Manaaement
Collection:
Non-hazardous wastes are collected by 12 franchise holders
(private collection companies) in accordance with franchise
agreements with cities or special districts. Their costs
are subject to regulation by the franchising agency. The
health aspects of their operation are proscribed by the
County.
Disposal:
There are three landfills in the County (West Contra Costa
Sanitary Landfill, ACME Fill and Contra Costa Waste Sanitary
Landfill) and all of them are privately owned and operated.
Unlike collection costs, landfill disposal costs are not
regulated by any public agency. However, health regulations
at the landfill are enforced by the County. These private
owners and operators are responsible to the County and
cities (as appropriate) for conformance with the conditions
of their land use permits.
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VI. STUDY METHOD
OBJECTIVE
The objective of this feasibility study is to determine whether
it is reasonable to believe that a JPA could be successful in
planning, regulating, developing and/or operating solid waste
activities and facilities.
OVERVIEW
The approach to this study is based on the exploration of the
following issues using Price Waterhouse's (the consultant's)
experience with comparable JPAs and the knowledge and experience
of both staff and elected officials from each of the sponsoring
agencies.
The key issues for consideration were determined to be:
o The areas of concern to the authority?
o The powers of the authority?
o The geographic area of the authority?
o The organization and administration of the authority?
o The authority's role in and the schedule for the development
of disposal and transfer facilities?
o The authority's role in the regulation of private solid
waste disposal and transfer activities?
o The benefits and risks to the jurisdictions resulting from
the formation of the authority?
o The relative merits of proceeding with the authority versus
the current process?
The study has been conducted in two phases:
o Determining a mission (areas of concern, authority and
organization) of the JPA with the Management Committee of
the JPA Feasibility study.
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o Confirming and/or modifying the mission of the JPA, and
determining the role of the JPA with the Policy Committee of
the JPA Feasibility study in:
o planning and siting of disposal and transfer
facilities; and
o financing, ownership, construction and operation of
disposal and transfer facilities.
The results for the first phase of this project are presented in
section VI, Mission of the JPA. This is followed by the results
of the second phase of the project, which are presented in
Section VII, Proposed Joint Powers Authority.
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Vl:I. MISSION OF THE JPA
PRELIMINARY RECOMMENDATIONS' ALTERNATIVES
AREAS OF CONCERN
POLICY OUESTION
What should be the areas of concern to a solid waste JPA?
FACTORS IN DETERMINING AREAS OF CONCERN TO THE JPA
In determining the potential areas of concern to a JPA, the
following factors were considered:
o Common Interests: All jurisdictions should have a common
interest in the achievement of a JPA's mission.
o Efficiencies: There should be some cost and time efficien-
cies gained from jointly pursuing a JPA's mission.
o Additional Impact: The effect of applying the combined
political and economic resources of the jurisdictions upon
the JPA's mission should be greater than that which can be
achieved through the efforts of any single jurisdiction.
Some examples of the areas of concern to other JPA's include:
o West Contra Costa Solid Waste Authority:
Collection rates;
Landfill expansion/conservation;
Landfill development;
Resource recovery;
Transfer stations;
Solid waste issues; and
Educational forums.
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o South Bayside Transfer Station Authority:
Transfer stations;
Collection, transfer station and landfill rates;
Resource recovery: and
Recycling.
o Solid Waste Management Authority (Alameda County):
Solid waste management plan: and
Hazardous waste management plan (this has recently been
included in a draft of a revised joint powers agreement
dated August 4, 1987).
RANGE OF ALTERNATIVES
The theoretical alternative areas of concern range from:
o Restricting a JPA to the consideration of a landfill facil-
ity; to
o Authorizing a JPA to consider a range of solid waste dis-
posal alternatives such as transfer stations, landfills,
regional recycling and resource recovery.
RECOMMENDATION
The Price Waterhouse recommendation based on discussions with the
Management Committee is that the JPA focus on landfills but that
a JPA be authorized to consider related solid waste issues (such
as transfer stations) as the need arises. (The JPA should not
involve itself in solid waste collection or local recycling
efforts.)
The recommendation was based upon two primary considerations:
o The critical current problem facing all of the jurisdictions
is inadequate landfill capacity. In order to obtain this
additional capacity, it may be necessary to also consider
related issues (e.g. transfer stations) as a means to obtain
the additional disposal capacity.
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o The probability of aChieving this goal of obtaining addi-
tional landfill capacity could be enhanced through the joint
efforts of the jurisdictions by:
Pledging their waste streams to the facilities in an
amount which would make the facility economically
feasible;
Facilitating approval of the necessary solid waste plan
revisions and amendments through a credible public pro-
cess; and
Sharing in the cost of studies, acquisition, siting and
development costs of disposal facilities.
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AUTHORITY
POLICY OUESTION
What should be the authority of a JPA?
FACTORS IN DETERMINING THE AUTHORITY OF THE JPA
In determining a JPA's authority, the following factors were
considered:
o Areas of Concern: The authority granted to a JPA should be
sufficient to allow it to effectively act in issues related
to solid waste disposal.
o Legal Authority: Under the California Government Code, a
JPA may by agreement be empowered to exercise any authority
common to the contracting parties.
o Independence: Generally, the more independent the authority
granted a JPA, the greater the potential legal and financial
exposure to the JPA. At the same time, the more independent
the authority, the more insulated the member agencies may be
from political, legal and financial exposure.
Some examples of the authority of other JPA's include:
o The West Contra Costa Solid Waste Authority is empowered to:
Review the proposed solid waste collection rate
increases for closure and post-closure care of the West
Contra Costa Sanitary Landfill (WCCSL):
Explore the feasibility of:
1) Expanding the WCCSL facility: and
2) Developing methods which may increase the WCCSL
life expectancy:
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Examine various resource recovery methods such as:
1) Recycling:
2) Composting: and
3) Waste-to-energy.
Assess the need for a transfer station located in the
West Contra Costa County area:
Consider the development of a supplemental West Contra
Costa County landfill site:
Advise the party agencies on solid waste management
issues:
Coordinate the actions and responses of the party agen-
cies with regard to solid waste issues:
Formulate solid waste management policy statements:
Sponsor educational forums, workshops, and discussions
on solid waste matters: and
Gather information necessary to carry out the foregoing
purposes.
o The South Bayside Transfer station Authority is empowered
to:
Enter into a long-term agreement relating to construc-
tion and operation of a solid waste transfer station,
after approving the design and financing plans:
Enter into agreements to construct and operate, or con-
tract to have constructed and operated, satellite
transfer stations for public solid waste disposal,
subject to the consent of the jurisdiction in which the
station would be located:
Enter into agreements, and arrange for any appropriate
method of financing, to construct or acquire the
transfer station and/or satellite transfer stations;
Act on behalf of the agencies, as advisor to the City
of San Carlos and the County of San Mateo in setting
rates for the use of the San Carlos transfer station
and the Ox Mountain disposal site:
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Advise any agency on collection and disposal rates to
be charged within its jurisdiction, if the agency
agrees to pay for the cost of any needed studies;
study recovery, recycling, and other related problems
and issues; and
Contract for audits of its affairs by independent
certified accountants.
o The Solid Waste Management Authority (Alameda County) is em-
powered to:
Make and enter into contracts;
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Apply for and accept grants, advances, and contribu-
tions;
Employ or contract for the services of persons or firms
as it deems necessary;
Make plans and conduct studies; to review the Alameda
County Solid Waste Management Plan and recommend or
adopt revisions or amendments thereto;
Acquire, construct, manage, maintain, operate, and
control any buildings, works, or improvements;
Acquire, hold or dispose of property;
Sue and be sued in its own name;
Incur debts, liabilities, or obligations, subject to
limitations herein set forth;
Levy and collect fees and charges;
Adopt ordinances or resolutions necessary to carry out
the purposes of the agreement;
Issue bonds, subject to the provisions and limitations
of the Government Code of the State of California;
Adopt annually a budget setting forth all expenses for
the Authority, together with the apportionment of such
expenses by levy against each agency;
Act by and on behalf of Alameda County for the purposes
of Government Code section 66780.8 and Health and
Safety Code sections 25135 through 25135.8; and
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Recommend, adopt and amend the Alameda County Hazardous
Waste Management Plan to the extent allowed by law.
RANGE OF ALTERNATIVES
The theoretical alternative authorities of a JPA range from:
o Restricting the JPA to studying possible landfill disposal
and transfer facilities and advising the member agencies; to
o Authorizing the JPA to perform not only an advisory role but
also a planning, development, operational, franchising, rate
regulation and advocacy role within its areas of concern.
RECOMMENDATION
The Price Waterhouse recommendation based on discussions with the
Management Committee is that the jurisdictions provide a JPA
broad authority related to solid waste disposal and related
issues. Such authority should include advising, planning,
developing, operating, contracting for operations, regulating
rates and legislative advocacy. However, the exercise of
authority beyond the development of a landfill should be subject
to a majority vote of the member agencies of the JPA prior to its
being exercised. For example, prior to committing itself to the
development of a landfill (and its related costs), a vote of the
JPA member agencies should be taken to exercise this authority.
The recommendation was based upon two primary considerations:
o A JPA needs to have sufficient authority to affect the
development of a landfill facility. To do so may require
the exercise of broad powers to plan, develop, operate or
franchise and regulate rates.
o The immediate focus of a JPA needs to be on planning for the
development of a landfill. The exercise of additional
authority (such as regulating landfill rates) should only be
done when and as appropriate as determined by a majority of
the members of a JPA.
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ORGANIZATION
POLICY QUESTION
How should a JPA be organized?
FACTORS IN DETERMINING THE ORGANIZATION OF THE JPA
In determining the organization of a JPA, the following factors
were considered:
o Areas of Concern: Decisions made regarding the areas of
concern and the authority of a JPA, to a large extent,
determine the type of organization required.
o critical Mass: Unless a JPA has the participation of those
jurisdictions who must be involved to exercise the authority
of the JPA in the areas of concern, it cannot be effective.
o Permanence: The more comprehensive the areas of concern and
authority, the more "institutionalized" a JPA may need to
be.
o Governance: The more policy oriented the activities of a
JPA, the greater the need for elected officials' participa-
tion.
o Staffing: The more comprehensive the areas of concern and
authority of a JPA, the greater the need for staff support.
Some examples of the organization of other JPA's include:
o West Contra Costa Solid Waste Authority:
Participation by cities and the sanitary district in
West Contra Costa County;
Organization structure of the Authority includes:
1) A Board which exercises all powers on behalf of
the Authority and is composed of elected officials
appointed by the governing body of each jurisdic-
tion.
2) A Chair and Vice Chair.
Each of the jurisdictions provides the necessary staff
support to the Board as necessary.
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o South Bayside Transfer Station Authority:
Participation by County, cities and sanitary district.
Organization includes:
1) A Board composed of members appointed by the
governing body of each jurisdiction.
2) A Chair, Secretary and Treasurer.
o Solid Waste Management Authority (Alameda County):
Participation by. County, cities and districts.
Organization includes:
1) A Board composed of one member of the governing
body of each of the member agencies.
2) Staff support from the County.
RANGE OF ALTERNATIVES
The theoretical alternative organizations of a JPA range from:
o A JPA initially composed of a limited number of Central
county jurisdictions, governed by a committee which receives
staff support from the jurisdictions: to
o A JPA which could involve the entire county. The JPA would
be governed by a Policy Board of elected officials appointed
by each of the jurisdictions. The Policy Board would be
advised by a Technical Committee of representatives of each
jurisdiction. An Executive Secretary (and other staff as
appropriate) would be engaged to manage the day-to-day
affairs of the JPA.
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RECOMMENDATION
The Price Waterhouse recommendation based on discussions with the
Management committee is that a JPA:
o Commence with jurisdictions in central contra costa county
(which control a substantial portion of the wastestream)
while allowing for the participation of East and West county
jurisdictions over time.
o Be governed by a Board of elected officials representing
each of the jurisdictions.
o Establish a Management Committee to manage the non-policy
activities of the JPA and provide technical advice to the
Board on policy issues.
o Be provided flexibility in its organization to ensure that
the staffing of the JPA is performed in a cost effective
manner.
The recommendation was based upon six primary considerations:
o The central contra costa county cities and districts have
worked together successfully before in addressing solid
waste issues.
o The central contra costa county cities and districts share a
common interest in obtaining a landfill and overseeing solid
waste disposal activities and are large enough to financial-
ly accomplish this task.
o While the central contra costa county cities and districts
are sufficient to form an effective JPA, their effectiveness
in achieving their objectives would be enhanced by the
additional support of East and West county cities and dis-
tricts.
o The nature of the issues to be addressed by the JPA, of
necessity, will require public policy direction. This di-
rection is best provided by elected officials of the member
agencies.
o The Policy Advisory Board would benefit from the review of
technical data and the formulation of recommendation by a
Management Advisory Committee composed of senior staff of
the member agencies.
o The staffing requirements of the JPA will vary with time,
and an appropriate level of flexibility should be provided
to the JPA to respond to these requirements.
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VIII. PROPOSED JOINT POWERS AUTHORITY (JPA)
Through a series of meetings with both the Policy and Management
Committees of the JPA study, the mission and role of a JPA were
discussed and a consensus reached on each of the elements.
(While general agreement was reached, differences of opinion
existed within the policy and management committees and one city
was sUfficiently in opposition that they withdrew from the
study. )
The results of this consensus are documented in Attachment 1 -
Draft Joint Exercise of Powers Agreement Contra Costa Solid Waste
Management Authority - dated February 15, 1988. While this
document should be read in its entirety to fully understand the
conclusions of the Policy and Management committees, a summary of
the major areas of agreement are presented below:
Puroose
The purpose of the JPA would be to assure cost effective
solid waste disposal facilities to the residents of the
participating agencies.
Oraanization
The JPA would be governed by a Policy Committee of elected
officials of the agencies. A Management Committee composed
of the chief administrative officer of each agency and
responsible to the Policy Committee would be responsible for
management of the JPA's affairs.
Powers
The JPA could advise and advocate the interests of the
member agencies related to solid waste issues. It could
also plan, develop, operate and regulate the rates of
regional solid waste disposal facilities and progr~ms. In
exercising these general powers, the Authority could perform
certain specific activities necessary for the performance of
the general powers.
Terms of Aareement
The JPA would become effective on the date of its execution.
Withdrawal by an Agency from the JPA would occur in
accordance with a specified schedule.
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Pro;ect Financina
Financing of any facility or programs would be subject to
separate agreement and the JPA's debts shall not be those of
the agencies.
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IX. ASSESSMENT OF PROPOSED JOINT POWERS AUTHORITY
Introduction
The purpose of an organization is to enable a number of groups to
work together to achieve objectives which they could not have
achieved, either as well, or at all, as individuals.
There is no "mathematically correct" organization structure. The
aim is to get the best workable compromise between a reasonable,
straight-forward structure and the strengths and interests of the
groups involved.
The principal criteria to be considered in deciding on an
organization's structure are:
o What activities must be performed:
o What agencies/personnel are involved:
o How are the activities managed: and
o How can the organization adapt to Changing conditions.
In evaluating the principal criteria identified above, we have
put forward a standard for the evaluation of an organization and
then provided observations and findings with regard to the
proposed JPA.
Activities to be Performed
Standard:
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In developing an organization structure, it is important to
consolidate related activities within one organization in
order to facilitate coordination and communication regarding
the organization's objectives.
Observation/findings:
o The powers of the JPA are sufficiently broad to address
the common solid waste disposal issues faced by each of
the agencies. This allows the JPA the ability to
consider the various aspects of solid waste disposal as
it develops solutions to the current solid waste
disposal crisis. For example, should the securing of a
solid waste landfill require a transfer station and
related recycling activities, it is possible for the
JPA to consider and plan for these activities and
present a comprehensive solution to the aember agencies.
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o By avoiding issues of solid waste collection and local
recycling, the JPA avoids involving itself in issues
which are limited to specific agencies.
o The breadth of the JPA's activities, however, could
result in losing focus on the current primary objective
of securing landfill disposal capacity.
Aaencies/Personnel Involved:
standard:
The organization must represent agencies with sufficient
authority, and must be staffed by personnel with the
knowledge and experience, to carry out the responsibilities
assigned to the JPA.
Observation/findings:
o By limiting participation in the JPA to agencies with
franchising authority, the JPA represents agencies
which have sufficient authority to control the waste
stream and/or to set rates in order to carry out their
policies.
o The JPA receives support from the staff of the member
agencies. These agencies have staff with extensive
knowledge of solid waste issues including, but not
limited to, those of permitting, engineering and
finance. This provides th~ JPA with expert knowledge
of the issues with whien-they will become involved.
o The.JPA may supplement the agency staff with individuals
and consultants who provide a level of expertise not
currently available on the staff of the member agencies.
o However, the limitation of JPA membership to solid
waste collection franchising agencies currently
precludes the participation of the County whose
authority to perform solid waste planning and to
approve use permits in the County's unincorporated area
could be of'benefit to the JPA in aChieving its
objectives.
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Manaaement of the Activities
standard:
o Accountability of the JPA to the member agencies and of
the Management Committee to the Policy Committee should
be clear to avoid the problems of coordination and
communication.
o Decisions should be made by knowledgeable individuals
who are informed of both the technical and policy
issues involved.
Observation/findings:
o The authority of the JPA, the Policy Committee and the
Management Committee is clearly set out in the Joint
Exercise of Powers Agreement.
o The powers necessary to the exercise of the authority
of the JPA, Policy and Management Committees are
appropriately provided.
o Adequate controls are in place which require the JPA to
return for approval to the individual agencies on
specific major undertakings. Further, within the JPA,
the actions of the Management Committee are appropri-
ately monitored and controlled by the Policy Committee
which is composed of elected officials.
o The management of the JPA is performed by the agencies'
chief administrative officers who are qualified to make
recommendations, as appropriate, to the POlicy Commit-
tee.
Organization's Abilitv to AdaDt to Chanae
standard:
Organizations have to be adaptable to deal with the changes
faced in the environment in which they operate.
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Observation/findings:
The JPA has sufficient flexibility to:
o Address related issues such as landfills, transfer
stations and recycling. This flexibility is necessary
since, in many cases, the regulatory authorities which
have approval over landfill permitting have required
the implementation of recycling programs. This
flexibility is also necessary since the site of an
approved landfill may require the development of a
transfer station in order to economically dispose of
the solid waste at the site.
o The membership of the organization can be expanded to
include additional agencies who share common problems.
o The JPA can function with either private or public
ownership of the solid waste disposal facilities. In
either case, rate setting authority would be maintained
by the JPA. Therefore, residents could be assured of
cost effective solid waste disposal facili~ies.
Conclusion
We believe that the proposed JPA can successfully represent the
agencies' best interests. This opinion is based on the following
conclusions:
o The JPA's activities are well considered and organized to
reflect the common concerns of the agencies involved. It is
unlikely that any individual agency could as effectively
deal with the issues of solid waste disposal.
o Even with the exclusion of the County, the agencies involved
in the JPA have the authority to implement its policy
recommendations due to their ability to set solid waste
collection rates and to direct the flow of solid waste to a
specific disposal site.
o The authority of the JPA is clearly defined and the powers
of both the Policy and Management Committees are properly
assigned with adequate controls over their activities. This
clarity of authority (of the JPA and within the JPA) will
help to ensure the proper focus of the JPA's activities and
facilitate the coordination of and communication between the
individual agencies participating in the JPA.
o The JPA can adapt to the changes in the solid waste issues
facing the county. It can support the private sector in its
efforts to develop solutions and it can provide a public
sector solution, if necessary.
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A.
DRAFT
Appendix 1
March 11, 1988
JOINT EXERCISE OF POWERS AGREEMENT
CONTRA COSTA SOLID WASTE MANAGEMENT AUTHORITY
ARTICLE 1: PURPOSE
B.
Purpose of Aareement: It is the purpose of this agreement
to establish, pursuant to the Joint Exercise of Powers Act,
a public entity separate from each of the Agencies. This
public entity is to be known as the Contra Costa Solid Waste
Management Authority hereinafter referred to as the "Author-
ity".
Puroose of Authoritv: The purpose of the Authority shall be
to exercise certain powers set forth below, in a manner
which will assure the citizens of the Agencies that solid
waste landfill(s), transfer station(s) and/or regional
resource recovery facilities and related programs,
hereinafter referred to as "Regional Facilities and
Programs", will be operated in the most cost effective
manner possible consistent with the proper concern for the
environment.
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DRAFT
B.
ARTICLE 2: POWERS OF THE AUTHORITY
General Powers: The Authority shall have the powers common
to its member Agencies and may:
1. Advise the member agencies on issues related to
Regional Facilities and Programs;
2. Advocate the interests of the member agencies related
to Regional Facilities and Programs with local, state
and federal officials;
3. Plan for Regional Facilities and Programs;
4. Develop Regional Facilities and Programs;
5. Operate and/or contract for the operation of Regional
Facilities and Programs; and
6. Regulate rates of Regional Facilities and Programs.
7. Advise on matters of solid waste rates and charges.
SDecific Powers: In carrying out its general powers, the
Authority is hereby authorized to perform all acts necessary
for the exercise of said powers which may include but are
not limited to the following:
1. To make and enter into contracts.
2. To apply for and accept grants, advances, and contribu-
tions.
3. To employ or contract for the services of agents,
employees, consultants and such other persons or firms
as it deems necessary.
4. To conduct studies.
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DRAFT
5. To review the Contra Costa Solid Waste Management Plan
and recommend revisions or amendments thereto.
6. To acquire, construct, manage, maintain, operate and
control any buildings, works or improvements; if such
have not or are not anticipated to be otherwise
provided.
7. To acquire, hold or dispose of property.
8. To incur debts, liabilities or obligations subject to
limitations herein set forth.
9. To levy and collect fees and charges, including ad-
ministrative and operating costs, as provided in this
Agreement or by law, against all entities to which the
Agreement or law applies, both signatory and non-
signatory to this agreement.
10. To issue bonds, subject to the provisions and limita-
tions of the Government Code of the State of Califor-
nia.
11. To adopt annually, by April 1 of each fiscal year, a
budget setting forth all administrative, operational
and capital expenses for the Authority, together with
the apportionment of such expenses by levy against each
Agency to the extent necessary.
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A.
DRAFT
ARTICLE 3: ORGANIZATION OF AUTHORITY
policv Committee: The Authority shall be governed by the
Contra Costa Solid Waste Authority Policy Committee,
hereinafter called "Policy Committee", which ahall exercise
all powers and authority on behalf of the Authority.
1. Duties of the policv Committee: The Policy Committee
shall perform all acts necessary to carry out the
purpose of this Agreement which may include but are not
limited to:
a) Consideration, modification and approval of the
annual work program and budget submitted by the
Management Committee.
b) Levying fees and charges as provided in this
agreement.
c) Authorizing, reviewing and accepting reports and
studies.
d) Reviewing, recommending, approving and regulating
rates for Regional Facilities and Programs which
provide services to the Agencies.
e) Recommending to the Agencies action on:
1) the Contra Costa County Solid Waste Manage-
ment Plan and revisions or amendments
thereto: and
2) the planning, financing, development and
operation of Regional Facilities and
Programs.
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3.
.""------....------
DRAFT
f) Accepting Agencies as subsequent parties to the
Agreement and the Authority and their representa-
tives as Policy Committee members.
Policy Committee Members: The Policy Committee shall
consist of one member of the governing body of each of
the Agencies which franchise solid waste collection and
are party to this agreement. Upon execution of this
Agreement, the governing body of each Agency shall by
resolution appoint one of its members to serve as a
member of the POlicy Committee and another of its
members to serve as an alternate member of the Policy
Committee to serve in the absence of the regular
member. The Executive Director of the Management
Committee shall serve as a non-voting member of the
Policy Committee.
Subseauent Policy Committee Members: Any Agency which
franchises solid waste collection in Contra Costa
County, including cities incorporated and districts
formed after the effective date of this Agreement, may
become members of the Authority and Policy Committee by
presenting an adopted resolution to the Policy
Committee which includes a request to become a member
of the Authority and Policy Committee and upon a
majority affirmative vote of the Policy Committee
accepting the Agency and upon payment of any charges
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4.
r'"'.........-.
DRAFT
5.
established by the Policy Committee as a prerequisite
for membership.
Policv Committee Officers: The POlicy Committee shall
elect from its members a Chairperson and a Vice
Chairperson who shall preside over all meetings
according to the Rules of Procedure adopted by the
Policy Committee. The Policy Committee Chairperson
shall represent the Authority and execute any contracts
and other documents when required by the Rules of
Procedure.
Policv Committee Rules: The POlicy Committee is
empowered to establish its own Rules of Procedure and
may do any and all things necessary to carry out the
purposes of this Agreement.
Meetings of the Policy Committee:
a) Regular Meetinas: The Policy Committee shall hold
at least four (4) regular meetings each year.
b) SDecial Meetings: Special meetings of the Policy
Committee may be called in accordance with the
provision of Section 54956 of the California
Government Code.
c) Notice of Meetings: All meetings of the Policy
Committee sball be held subject to the provisions
of the Ralph M. Brown Act, being Sections 54950
et. seg. of the California Government Code, and
other applicable laws of the State of California
6.
6
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DRAFT
B.
requiring notice be given of meetings of public
bodies.
d) Minutes: The Policy Committee Chairperson shall
cause minutes of all meetings to be kept and
shall, as soon as possible after each meeting,
cause a copy of the minutes to be forwarded to
each member of the Policy Committee, Management
Committee and each Agency.
Manaaement Committee: The Authority's affairs shall be
managed by the Contra Costa Solid Waste Management Commit-
tee, hereinafter called the "Management Committee". The
Management Committee shall be composed of the appointed
chief administrative officer of each Agency. The Management
Committee shall be responsible to the Policy Committee for
the administration and management of Authority affairs and
for the provision of assistance and advice to the Policy
Committee.
1. Duties of the Manaaement Committee: The Management
Committee is responsible to the Policy Committee for
the performance of its duties which shall include but
not be limited to the following:
a) Preparation and submission of an annual work
program and budget.
b) Conducting and reporting the results of studies,
including rate studies.
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2.
DRAFT
c) Managing the financial affairs of the Authority
and not less than annually reporting the financial
results of operations of the Authority.
d) Procuring services, supplies, Regional Facilities
and Programs on behalf of the Authority and
subject to the general provision of the workplan
and budget.
Management Committee Officers: The Management Commit-
tee shall elect from its members the following
officers:
a) Executive Director: There shall be an Executive
Director who shall be the chief administrative
officer of the Authority. He or she shall be
responsible to the Policy Committee for the
management and administration of all Authority
affairs.
b) Treasurer and Controller: There shall be a
Treasurer and Controller to be the custodian of
all Authority funds, to pay demands and to make or
contract for an annual audit.
c) Secretarv: There shall be a Secretary who shall
be responsible for the noticinq and recordinq of
minutes of meetings as required by the Act of the
Rules of Procedure. Such Secretary shall perform
these duties for both the Policy and Management
Committees.
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3.
4.
DRAFT
Staffina: Each of the Agencies shall strive to provide
staff to the Authority as may be necessary for the
Authority to fulfill its duties. As necessary, the
Authority may contract with or employ firms and/or
individuals to perform such tasks or duties as deemed
necessary by the Authority including those of the
Executive Director of the Management Committee (in
which case the Executive Director shall be a non-voting
member of the Management Committee).
Meetinas of Manaqement Committee:
a) Reaular Meetinas: The Management Committee shall
hold regular meetings.
b) SDecial Meetinas: Special meetings of the
Management Committee may be called by the Execu-
tive Director, by a majority of the members of
the Management Committee or at the direction of
the Policy Committee.
c) Minutes: The Executive Director shall cause
minutes of all meetings to be kept and shall, as
soon as possible after each meeting, cause a copy
of the minutes to be forwarded to each member of
the Management Committee and Policy Committee.
9
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A.
B.
DRAFT
C.
ARTICLE 4: TERMS OF AGREEMENT
Effective Date: This Agreement shall become effective on
the date of its execution by all the Agencies composing the
Authority.
Amendments: This Agreement may be amended by the affirma-
tive vote of the governing bodies of not less than two-
thirds of all member agencies.
Withdrawal: Any Agency upon one year's written notice given
to the Chairperson of the Policy Committee and all other
Agencies prior to April 1 of any year may withdraw from this
agreement; provided, however, that the withdrawing Agency
shall be liable for its share of any expenses incurred up to
the effective date of its withdrawal which shall be July 1
of the year following the giving of notice.
Division of PrODertv on Dissolution: Upon dissolution of
the Authority as a legal entity, all debts of and advances
to our Authority shall be paid, and the property of the
Authority shall be divided in proportion to the most recent
apportionment of expenses as described in Article 2 of this
Agreement among all of the Agencies who are parties to this
Agreement at the time of its dissolution.
D.
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A.
DRAFT
B.
ARTICLE 5: PROJECT FINANCING
SeDarate Contracts: Financing of Regional Facilities and
Programs related to the transfer, disposal or recovery of
resources from solid waste shall be subject to separate
contracts between the Authority and Agencies.
~: The Authority may issue or cause to be issued bond
and other indebtedness, and pledge any property or revenues
as security to the extent permitted by law. The Authority'S
debts, liabilities, and obligations shall not be debts,
liabilities and obligations of the Agencies.
11
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.
Centra~;ontra Costa Sanitary
BOARD OF DIRECTORS
istrict
PAGE 1 OF
NO.
x. LEGAL/LITIGATION
DATE
1
POSITION
PAPER
BOARD MEETING OF
SUBJECT
CONSIDER QAIMS AND LATE QAIM APPLICATIONS FROM ROOERT
& BARBARA KIERSEY AND THOMAS & THERESE WARNE OF ST. JAMES
COURT, DAN V IL L E
TYPE OF ACTION
CONSIDER ClAIMS
SUBMITTED BY
Jack
d
er
INITIATING DEPT./DIV.
Admi ni strative/
isk
ISSUE: Approval by the Board of Directors is required to accept late claims and to
deny cl aims.
BACKGROUND: The San Ramon Valley Project, Phase B, has been installing the new
trunk sewer line in the old Southern Pacific Railroad right-of-way which runs
through south Danville. In the area south of Sycamore Valley Road there are several
homeowners in "locations adjacent to the right-of-way who allege that the construc-
tion activities by Mountain Cascade, the project's general contractor, have caused
cracks' in thei r houses, pati os, sw immi ng pool s, and damage to other property
improvements. These all egati ons have been reported to the contractor and to the
contractor's insurance carrier, Wausau Insurance.
The District has a right to indemnification by the Contractor and is named as an
additional insured under the contractor's liability policy with Wausau Insurance.
The staff anticipates that Wausau will accept a tender of defense from the District
for the claims which arise. At this juncture applications for permission to present
late claims for October and November 1987, and two claims for December through the
present period amounting to $500,000 each, have been submitted by an attorney
representi ng Robert & Barbara Ki ersey and Thomas and Therese Warne, both of St.
James Court, Danville.
The reason for the appl ication for pennission to present late claims is that the
claimants' attorney believes that the 100 day claim filing period provided for by
law may have been exceeded for the damages alleged to have occurred in October and
November 1987.
The staff requests to meet with the Board of Directors in closed session to review
these claims and the late claim applications prior to Board action.
RECOMMENDATION: Hold a closed session to consider the claims and application to
present late claims which have been filed by Robert and Barbara Kiersey & Thomas
and Therese Warne. After the closed sessi on, take acti on on these cl aims and
applications.
INITIJ.l.. TING DEPT./DIV.
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PM
ROGER J. DOLAN
.
Centra~ ~ontra Costa Sanitary .Jistrict
BOARD OF DIRECTORS
PAGE 1 OF 1
POSITION
PAPER
BOARD MEETING OF
April 21, 1988
NO.
X.
LEGAL/LITIGATION
2
SUBJECT
DATE
Ap r il 13, 1988
DENY PROPERTY DAMAGE ClAIM RECEIVED FROM ROBERT J. & VICKIE
MURGIA OF 326 WELLINGTON AVENUE, ClYDE
TYPE OF ACTION
DENY ClAIM
SUB~'JtkD ~~ Campbell
Administrative Operations Manager
INITIATING DEPTlDIV.
Administrative/Risk Management
ISSUE: A claim denial requires action by the Board of Directors.
BACKGROUND: Robert and Vickie Murgia own a home at 326 Wellington Avenue, Clyde.
The lot extends up-hill and goes through to Park Road, the street behind. A house
at 326 Park Road shares a common side sewer with the Murgias, and this connects to
the District line down on Wellington Avenue. This side sewer is quite old and has
a root problem. Its exact location is unknown, but it apparently passes under the
Murgia house from the house on Park Road such that sewer back-ups occur into the
Murgia. bathroom during high flows from the Park Road house and when roots have
built-up in the downstream position of the side sewer. The two property owners
have been unable to agree on a solution to the problem, and the Murgias now have
fned a claim against the District alleging that there was a failure to properly
hook-up and inspect sewer laterals following the annexation of Clyde in 1968 and
when the sewer rehabilitation project was done in 1971. The amount of the claim is
$2,673 for damage resulting from a sewage back-up on December 12, 1987.
This claim involves a common side sewer on private property which was installed
prior to District annexation of the area and which was not part of the 1971 sewer
rehabil itation project. Therefore, the staff bel ieves that the District is not
responsible for the problem and recommends that the claim be denied.
RECOMMENDATION: Deny the cl aim of $2,673 from Robert and Vickie Murgia of 326
Wellington Avenue, Clyde, alleging District responsibility for a sewage overflow.
PM
JH
.
Centra. ;ontra Costa Sanitar) Jistrict
BOARD OF DIRECTORS
PAGE 1 OF 2
POSITION
PAPER
BOARD MEETING OF
April 7, 1988
NO.
IV.
CONSENT CALENDAR 9
SUBJECT
ACCEPT EASEMENT AGREEMENT FROM SOUTHERN PACIFIC
TRANSPORTATION COMPANY FOR SEWER CROSSING SOUTHERN
PACIFIC RAILROAD PROPERTY IN DANVILLE AREA - JOB 4417,
PARCEL 7
DATE
March 30, 1988
TYPE OF ACTION
ACCEPT AND EXECUTE
EASEMENT AGREEMENT
SUBMITTED BY
Dennis Hall, Associate Engineer
INITIATING DEPT./DIV.
Engineering Department/
Construction Division
~: The subject easement agreement is required to provide sanitary sewer
service to Subdivision 6806.
BACKGROUND: The subdivision developer, Fostoria Associated, Ltd., negotiated the
easement agreement with Southern Pacif i c Transportati on Company. Th i s easement
agreement is similar to easements previously granted this District from Southern
Pacific. The terms and conditions of the agreement are designed to protect
Southern Pacific's interests. At staff request, a clause has been added that will
protect the District from having to relocate the sewer in such a way that it would
be unusable as a gravity system.
RECOMMENDATION: Approve and accept Grant of Easement Agreement, authorize the
President of the District Board of Directors and the Secretary of the District to
execute sai d Grant of Easement, and authorize the recordi ng of sai d Grant of
Easement.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
JSM
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1302A-9/85
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Centra. ~ontra Costa Sanitary Jistrict
BOARD OF DIRECTORS
PAGE 1 OF 2
POSITION
PAPER
BOARD MEETING OF
A ril 7, 1988
NO.
IV. CONSENT CALENDAR 10
SUBJECT
AUTHORIZE THE EXECUTION OF A CONSENT TO DEDICATION TO
CONTRA COSTA COUNTY (JOB 4144 - PARCEL 1) (WALNUT CREEK
AREA)
DATE
March 29, 1988
TYPE OF ACTION
APPROVE CONSENT
TO DEDICATION
SUBMITTED BY
Denni sHall
Associate En ineer
INITIATING DEPT./DIV.
Engineering Department/
Construction Division
ISSUE: A portion of minor
James A. Rei ner, etux, for
road known as La Casa Via.
the dedicated area.
Subdivision 6-84 is being dedicated to the County by
public road purposes and the widening of the private
An existing public sewer easement is located within
BACKGROUND: The County requires a "Consent to Execution of Deed" whenever an area
dedicated for publ ic road purposes encroaches upon an existing easement. A
standard consent document will be used in which the District retains prior rights.
RECOMMENDATION: Approve the "Consent to Dedi cati on to Contra Costa County, La
Casa Via widening, minor Subdivision 6-84, Job No. 4144, authorize the President
of the District Board of Directors and the Secretary of the District to execute
said document and authorize its recording by Contra Costa County.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
1302A-9/85
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Job 4144 Parcel 1
Walnut Creek Area
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Centra. ~ontra Costa Sanitary .Jistrict
BOARD OF DIRECTORS
PAGE 1 OF 2
POSITION
PAPER
BOARD MEETING OF
April 7, 1988
NO.
IV. CONSENT CALENDAR 11
SUBJECT
DATE
March 30, 1988
QUITClAIM SEWER EASEMENT, JOB 4284, SUBDIVISION 6716,
AlAMO AREA
TYPE OF ACTION
APPROVE QUITCLAIM
OF EASEMENT
SUBMITTED BY
Dennis Hall, Associate Engineer
INITIATING DEPT./DIV.
Engineering Department/
Construction Division
ISSUE: Branagh, Inc., owner of Subdivision 6716, has requested the District to
quitclaim the subject easement which lies within Lot 24 of Subdivision 6716.
~ACKGROUND: The subject easement was dedicated to this District when the
subdivision map was filed on November 26, 1986. The easement was created to provide
access to a manhole located within an adjoining easement. The adjoining sewer was
constructed 75 feet short of the originally planned termination point to conform to
the site terrain.
A replacement easement is being dedicated on a Parcel Map (MS 66-87) in the proper
location. Therefore, the existing easement is no longer required. The next effect
is the elimination of the shaded easement area on the attached map.
RECOMMENOAT10N: Approve Qu1tcl aim Deed to Branagh, Inc., Job No. 4284, authorize
the President of the District Board of Directors and the Secretary of the District
to execute said Quitclaim, and authorize the Quitclaim to be recorded.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
AP~
1302A-9/85 D H
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INITIATING DEPT./DIV.
'11/
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ROGER J. DOLAN
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QUdCt,AIM
S7tJN'€ ",,ilL-LEY
,et7,40
QUITCLAIM EASEMENT
JOB 4284
ALAMO AREA
.
Centri. Contra Costa Sanitar) District
BOARD OF DIRECTORS
r PAGE ,
OF 2
POSITION
P APE R I BOARD MEETING OF
April 7, 1988
NO.
IV. CONSENT CALENDAR 12
AUTHORIZATION FOR P.A. 88-9 (WALNUT CREEK) TO BE INCLUDED
IN A FUTURE FORMAL ANNEXATION TO THE DISTRICT
DATE
March 30, 1988
TYPE OF ACTION
SUBJECT
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
88-9
Walnut
Creek
(5086)
J. Cavallero, etux
1083 Walnut Avenue
Walnut Creek 94596
139-080-018 (1.70 Ac.)
Failing septic system,
owner must connect to
public sewer. District
to prepare "Notice of
Exemption."
CCCSD
RECOMMENDATION: Authorize P.A. 88-9 to be included in a future formal annexation.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
.
JSM
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(/ ROG~ 1. DOLAN
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INITIA TING DEPT.lDIV.
Ii! "2 AC
eA. 88." 1
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.
Central ~ontra Costa Sanitary .Jistrict
BOARD OF DIRECTORS
PAGE 1 OF 7
POSITION
PAPER
BOARD MEETING OF
April 7, 1988
NO.
IV. CONSENT CALENDAR 13
SUBJECT
AUTHORIZE THE GENERAL MANAGER-a-lIEF ENGINEER TO
EXECUTE AMENDMENT NO. 1 TO THE EXISTING AGREEMENT
WITH PETER AND KIRSTEN BEDFORD
DATE
March 30, 1988
TYPE OF ACTION
AUTHORIZE
AMENDMENT
SUBMITTED BY
Jay S. McCoy
Construction Division Manager
INITI,6TING DEPT./,DIV. 0 tin t/
~ng'neer'ng epar en
Construction Division
ISSUE: Peter and Kirsten Bedford have requested that the District provide sewer
service to an additional property in North Concord which is outside of the
District boundary.
B.ACKGROUND: The Board of Di rectors authorized the General Manager-Chief
Engineer to execute an agreement with Peter and Kirsten Bedford in August, 1987,
to provide sewer service to the property shown as Area 1 on Attachment 1. This
agreement was necessary because the ori gi nal annexation of the property was
invalidated by court action. The City of Concord is in the process of completing
an Environmental Impact Report for a boundary reorganization which will result in
the reannexation of the property to CCCSD. The City anticipates that this process
will be completed in August, 1988.
The property identified as Area 2 on Attachment 1 is al so owned by Peter and
Kirsten Bedford. Area 2 was not included under the original sewer service
agreement because the Californi a Envi ronmental Quality Act (CEnA) documentati on
for site development was not complete. Since then, a Negative Declaration has been
completed by Contra Costa County for two proposed light industrial type buildings
to be built on Area 2. The Negative Declaration is attached (Attachment 2) and
consists of a Notice of Negative Declaration of Environmental Significance and an
Initial Study of Environmental Significance. It is now appropriate to amend the
existing District agreement to include Area 2.
The District must comply with CEQA in its action to approve the amendment. Since
Contra Costa County was the Lead Agency for the Negative Declaration on the site
development project, the District is a Responsible Agency and, as such, must
follow these guidelines:
o Section 15.2 of the District's CEQA Guidelines states, "...a Negative
Declaration adopted by a Lead Agency" (Contra Costa County) "shall be
conclusively presumed to comply with CEQA for purposes of use by Responsible
Agencies....".
o Section 7.17(f) of the District's CEQA Guidelines states, "Prior to reaching a
decision on the project, the Responsible Agency must consider the
environmental effects of the project as shown in the ...Negative Declaration."
~
1302A-9/85
JSM
RAB
KLA
SUBJECT
AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE
AMENDMENT NO.1 TO THE EXISTING AGREEMENT WITH PETER AND
KIRSTEN BEDFORD
POSITION
PAPER
PAGE
DATE
2
OF
7
The aspect of the site development project relevant to the District is whether to
amend the existing agreement to provide sewer service to the proposed project.
The sewering of the proposed buildings will consist of the extension of either
public or private sewers into Area 2 from the exi sti ng public sewer in Arnol d
Industri al Way. Thi s extension will be at the expense of the property owners.
The sewers which will be extended are sol el y for the use of Area 2 and no other
properties. Therefore, the extension of the sewers will not induce growth in the
vicinity of Area 2.
Staff has considered the environmental effects of the project as shown in the
Negative Declaration. No significant envirorvnental effects relative to areas of
District responsibility are identified in the Negative Declaration. Staff
recommends that the Board consider the environmental effects of the project set
forth in the Negative Declaration and determine that any negative effects on the
environment are adequately addressed therein.
Staff recommends that the Board authorize the execution of the amendment and
direct that a Notice of Determination be filed with the County Clerk certifying
that the District considered the Negative Declaration as prepared by Contra Costa
County (District's CEQA Guidelines Section 7.17(i)) adequate for its environmental
review of the proposed project.
RECOMMENDATlON: Authorize the General Manager-Chief Engineer to execute Amendment
No.1 to the existing agreement with Peter and Kirsten Bedford and direct staff to
file a Notice of Determination.
1302B-9/85
Page 3 of 7
~ PROPERTY TO BE SERVED UNDER
PROPOSED AMENDMENT
BOLLMAN TAEATMENT
PLANT
Q
~
PROPERTY SERVED UNDER ORIGINAL
AGREEMENT
t. C. C. 'II. O.
OIL CO,
AREA 1
Central Contra Costa
Sanitary District
~
ATTACHMENT 1
2523-1/87
.
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Page 4 of 7
ATTACHMENT 2
California Environmental Qualit~ ~~~ 0 o/J ~ ~
NOTICE OF FE 8 S i988
o Completion of Environmental Impact Report
CCCSD
F~t-l~ING
~ Negative Declaration of Environmental Significance
CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
651 PINE STREET
NORTH WING-4TH FLOOR
MARTINEZ, CALIFORNIA 94553-0095
Telephone: (415) ~ 646-2091
Contact Person
Byron Turner
Project Description and Location:
PETER B. AND KIRSTEN N. BEDFORD (Applicants and Owners), Cpunty File
112084-87: The applicants request approval to construct two buildings on 5 acres for:
(I) a Light Industrial/Commercial service use; and (2' a rehearsal and bingo hall for the
Concord Blue Devils. Subject property is described as follows: Located on the north
side of Arnold Industrial Way, approximately 2,000 feet east of Lowe Lane, in the
Concord area. (L-I) (ZA: F IS) (CT 3150) (Parcel 11159-090-024)
This proposal is consisten with the General Plan and the Light Industrial (L-I) zoning
by land use permit. The Initial Study does not identify significant environmental
impacts associated with the proposal. Improvements needed resulting from the traffic
generation of this proposal should be provided, which may require a traffic study. This
and any additional concerns can be considered with the application review process.
D Justification for Negative Declaration is attached.
D The Environmental Impact Report is available for review at the address below:
Contra Costa County Community Development Department
4th Floor, North Wing, Administration Building
651 Pine Street
" Martinez, California ,
/I"
Review Period for Environmental Impact Repo~.~egative Declaration:
. ~A' -- thru
c( J.(' /1
{ ~ / ;
AP 9 R 5/87 ~ 'c, n1U i.w Development Department Representative
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/2- /-g 7
1-/-<3b
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Contra
Costa
County
i)
)mmunity Development Departn t
Administration Building, North Wing. Pine &: Escobar Streets. Martinez, Califorma 94553.0095
Initial Study
OF ENVIRONMENTAL SIGNIFICANCE
File# 2025''-/-,87
, /
Prepared By
Reviewed By
Concurrent Application
G/ Il1Rfi);::P
Date
Date
II- 2''/-.3 7
RECOMMENOA nONS:
DCategorical Exemption (Class _) ~ative Declaration D Environmental Impact Report Required
DConditional Negative Declaration (Owner/Applicant must agree to mitigation in writing).
- -The project (may) ~have a significant effect on the environment.
The recommendation is based on the following (List all items identified as significant):
(J~5 / Or1? t..:.-i-:; tv ;z,.. / n-h."
~t;C/',?;'-Y /PSi h;/"J(.r ;'::-Yi?:::tl.c'...;.;. ,
U,S.G.S. Quad Sheet
GENERAL CONSIDERATIONS
Zoning Atlas Sheet
F"'/~
,
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Parcel No. ., 7"'" u /CJ - ....
.
2.
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3. Nature of request or proposed land use: 7L1..r1r- 11/<1' I CA)/d r:rs
(/) 'VN:2~/~ ~/ A-/. ;:' /1///7'.1,.5 '''\A/ ,,", (? )-.!5LA/~n /!/VIJ
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4.
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5.
Note any previous applications on the site (if EIRs recommended, listing EIRs prepared for nearby projects):
//-iPY},,.J
6.
Does it ~~ that any feature of the project will generate significant public concern? (Nature of concern):
DYes ErNo OMaybe
Will the project require approval or permits by other than a County agency? DYes ~
Agency name(s):
7.
8. Is the project within the Sphere of I nlluence of any city? (Name):
i'
/ ,;.-.J "/ CC',tt:: l;)
ENVIRONMENTAL IMPAGi'S ANALYSIS:
S=Significant N=Negligible C=Cumulative No=None U=Unl<nown
1. Water. Will the project result in:
a) Is any portion of the projc~:. within :I Flood Hazard Area?
b) Reduction of surface or groulld water quality or quantity?
c) Increased runoff or alteration to drainage patterns and
streams?
d) Erosion of or sedimentation in a body of water?
2.. Earth. (Consider the Seismic Safety Element) Will the proposal
result in or be subject to:
a) Is any portion of the project within an Alquist-Priolo Act
Special Studies Zone? (if yes, date County Geologist notified
)
b) Potentially hazardous geologic or soils conditions on or
immediately adjoining the site? (slides, springs, erosions, liqui-
faction, earthquake faults; consider prime soils, slope, septic
tank limitations). Cite any geologic or engineering reports.
(County Geologist consulted?)
c) Grading (consider height amount, steepness and visibility of
proposed slopes; consider effect of grading on trees, creek
channels and ridge tops)(Are there any grading plans?)
3. Plant/Animal Life.
a) Will there be a reduction or disturbance to any habitat for
plants and animals? (including removal or disturbance of .trees)
b) Will the Project affect the habitat of any rare, endangered or
. unique species located on or near the site?
c) What vegetation (habitat) types exist on the site (give relative
% or proportions if significant)? List habitat types. ( JP (/,r ;<
Page 6 of 7
DYES dnW
s N C ~8
D 0 D
D D ~D D
0 0 0 ~
DYES ~~
S N C NO U
D g--(j D D
D [g/tJ D D
DYES oNO
S N C NO U
D D g--o D
D D D g--D
4.
S N C NO U
Air. Will the Project result in deterioration of existing air quality,
including creation of Objectionable odors, or will future project
r.esidents be subjected to significant pollution levels?
5. Noise. Will the project result in:
a)
Is any portions of the project within the 1990, 60 dBA Noise
Contour? (check Noise Element at 1000 scale maps)
b)
Increases from existing noise levels?
6. EneI' /Natural ResourceslHazards (Consider General Plan, Safety
and Seismic Safety Elements. Will the projects result in:
a)
b)
Any additional consumption of energy?
Affect the potential use, extraction, conservation or depletion
of a natural resource?
c)
Increase risk of explosion, release of hazardous substances
or other dangers to pu~lic health and safety?
7. Utilities and Public Service. Will the project:
Il)
Hequire ulteration or addition to Of' tile need for new utility
systems (including sphere of influence or district boundary
change; water, sewer, solid waste)?
o 0 Q/o D
C:rYEs
oNO
o 0 rn.--o
o
D D ~D
D
D D D if D
D D D Ef/D
DYES
040
b)
Result in the need for new or expansion of the following
services: fire and police protection, schools, parks and
recreation, roads, flood control or other public works fac-
ilities, public transit or governmental services (include
changes to sphere of influence)?
c)
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s
N
C NO
u
D
CJ.-'" D
D
D
Affect recreational opportunities (consider General Plan
Recreation Element-Trails Pions)? 0 0 0
rtv-D
8. Transportation/Circulation. (Consider the Major Roads Plan) Will
the project result in:
a)
Additional traffic generation or increase in circulation pro-
blems (consider road design, access, congestion, parking and V D
accident potentia!)? 7.":::::':::;.'-}C
b)
Special transportation considerations (waterborne, rail, air
or public transportation systems and parking facilities)?
I
cr-o
D
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i/ . I ....
10. Cultural Resources.
a)
Review by the Regional Clearinghouse? (their recommend-
ation)?
c) Increase in commuting to and from local community? D D tr'" D D
9. Housin!; and Community Development. (Consider Housing Ele-
ment). Is the project:
a) Located within a Neighborhood Preservation Area? DYES ci-No
b) Is there an opportunity for construction of low and moderate
income housing? DYES ~O
DYES
Date
&rm
b) Any nearby County Historic Sites (Consider Historical
Resources Inventory) 1>/'
11. Aesthetics. (Consider the Scenic Routes Element) Will the
project obstruct any public scenic vista or view, create an
aesthetically offensive site open to public view, or produce new
light or glare?
12. Is this project a growth-inducing action (encourage additional
requests for similar uses) or set a precedent in the area?
13. Mandatory Findin!;s of Significance. (A "yes" answer on any of the
following questions requires preparation of an EIR)
Discussion:
a)
Does the project have the potential to degrade the quality
of the environment, or curtail the diversity in the environ-
ment?
b)
Does the project have the potential to achieve short-term,
to the disadvantuge of long-tcrm, cnvironlllcntul gouls'!
c)
Does the project have impucts which urc individuully lim-
ited, but cumulatively considerable?
d)
Does the project have environmentul impllcts which will
cause substantial adverse effects on humlln beings, cither
dircctly or indircctly?
DYES
~o
DYES
awe
DYES
~O
DYES
chro
DYES
[J:W:)
[J YES
I
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