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Home My WebLink AboutAGENDA BACKUP 10-06-88 . Centrl. Contra Costa Sanitar) District BOARD OF DIRECTORS PAGE 1 OF 3 POSITION PAPER BOARD MEETING OF Octobe r 6, 1988 NO. IV. BIDS AND AWARDS 1 SUBJECT REJ ECT ALL BIDS FOR DESIGNING, FURNISHING, AND INSTALLING A TELEMETRY SYSTEM FOR THE DISTRICT'S FOURTEEN (14) PUMP STATIONS TO TRANSMIT DATA TO THE TREATMENT PLANT MAINFRAME COMPUTER ROOM; BID REQUEST T0049P DATE Septembe r 30, 1988 TYPE OF ACTION REJ ECT BIDS SUBMITTED BY Ken F. Laverty Purchasing & Materials Officer INITIATING DEPT/DIV. Administrative/Purchasing ISSUE: On September 20, 1988, sealed bids for Bid Request T0049P, Pump Stations Tel emetry System, were received and publ icly opened. The Board must award to the lowest responsible bidder or reject all bids within thirty calendar days of the opening of bids. BACKGRCXJND: On August 27 and September 2, 1988 the Notice to Contractors was publicly advertised that invited sealed bids for designing, furnishing, and install ing a Telemetry System for the District's fourteen (14) pump stations to transmit data to the central computer consol e located in the Treatment P.I ant. On September 20, 1988, two bids were received and read aloud at the publ ic bid opening. The bids were: o Pi pe.1 i ne Systems Incorporated at $62,705 o Custom Controls and Electric at $146,022 A technical evaluation by Plant Operations Department concluded that Pipeline Systems Incorporated (PSI) meets all of the requirements of the Technical Specifications. The bid from Custom Control sand El ectric meets the technical requi rements of the Bid Request, but was based on an el aborate custom-engineered telemetry system thus the extremely high bid. Purchasing's commercial evaluation concluded that PSI, the apparent low bidder, had qual ified their bid to the extent that these qual ifications resulted in material variances from the District's Bid Request. PSI would not accept the District's stated Compensati on Schedule that was based upon mil estone events, the performance time of 90 days after award, and the Liquidated Damage provision, see Attachment I. Based upon these material variances PSI's bid should be declared non-responsive and rej ected. Custom Control's bid was commercially acceptable; however, due to their bid of $146 ,022 being approximately 83 percent higher than the engi neers estimate of $80,000, staff recommends that their bid be rejected. Staff will revise the Bid Request taking into consideration the concerns of the bi dders and readverti se the proj ect. RECOMMENDATION: Systems. Reject all bids for Bid Request T0049P, Pump Station Telemetry INITIA TI0-D?fDIV. 1W~---- REVIEWED AND RECOMMENDED FOR BOARD ACTION fZ ENG. ROGER J. DOLAN 1302A-9/85 KFL PM ATTAatMENT I COMPENSATION (AS STATED IN DISTRICT'S BID REQUEST) For satisfactory performance of the work described, the District will pay to Contractor the compensation according to the following terms: a. Fifty percent (50%) of total lump sum upon satisfactory delivery of all equipment. b. Additional thirty percent (30%) after installation of head end and successful communication with a minimum of five (5) remotes. c. A twenty percent (20%) retenti on w ill be w ithhel d unti 1 successful demonstration of communication with existing plant mainframe computer. COMPENSATION (AS QUALIFIED BY PSI'S BID) The CCCSD proposed payment schedule is based on installation of five RlU's by CCCSD, which is outside of Contractor's control. In addition, "communication with existing plant mainframe computer" is not defined and is under the control of CCCSD. Basing payment on events outside PSI's control is not acceptable. It is the basis of this proposal that alternative, mutually acceptable payment terms can be negotiated. .................. ............. TERM OF PERFORMANCE (AS STATED IN DISTRICT'S BID REQUEST) Contractor agrees to complete all work 90 days after award of Contract. TERM OF PERFORMANCE (AS QUALIFIED BY PSI'S BID) The gO-day completion time shall not include approval review time by the District. The gO-day completion time shall only include a time period from the date of contract receipt until jobsite delivery of all Contract equipment and Contractor's installation of central hardware has been performed. Installation of remotes by the District is specifically excl uded from the gO-day contract time period. The gO-day compl etion peri od sh all not i ncl ude the time req u i red to estab 1 ish and conf i rm communication of the remotes with the host computer (remote installation is done by District and is out of bidders control). . . . . . . . . . . . . . . . . . . . . . . . . . Page 2 of 3 LIQUIDATED DAMAGES (AS STATED IN DISTRICT'S BID REQUEST) The time limits stated in the Contract are of the essence. It is agreed by the parties to the Contract that in case all the work called for under the Contract is not completed before or upon the expiration of the time 1 imits set forth in the Contract, damage w ill be sustained by the District, and that it is and w ill be impracticabl e to determine the actual damage which the District will sustain in the event of and by reason of such del ay, and it is therefore agreed that Contractor shall pay to the District an amount of $100 per day for each cal endar day between the completion date required by the Contract, and date of final acceptance by the District, as liquidated damages and not as penalty. It is further agreed that the amounts stipulated are reasonable estimates of' the damages that would be sustained by the District and Contractor agrees to pay such liquidated damages as herein provided. In case the liquidated damages are not paid, Contractor agrees that the District may deduct the amount thereof from any money due to or that may become due Contractor by progress payments or otherw ise under the Contract, or if said amount is not sufficient, recover the total amount from Contractor or its surety. LIQUIDATED DAMAGES (AS QUALIFIED BY PSI'S BID) The specification states on page 31 of 41 "...it is therefore agreed that Contractor shall pay to the District an amount of $100 per day for each calendar day between the completion date required by the contract, and the date of final acceptance by the District as 1 iquidated damages and not as penal ty." Liquidated damages shoul d only be assessed for every day in excess of the 90 day contract time period wherein the equipment has not been delivered and the Contractor has not installed the central hardware. PSI will not be responsible to pay liquidated damages up until the date of final acceptance by the District as stated in he specifications on which there is no time limitation stated in the specifications. Page 3 of 3 -------...--....<....,--.--...-~,."...-,.------.-.-.-__'.___~...,~..______._._,_,_,____...m._'_."_~""'_._..~""_.~__'_.....M__._~....~__.__.,____~._~ . Central ~ontra Costa Sanitary ..,istrict BOARD OF DIRECTORS PAGE 1 OF 2 POSITION PAPER BOARD MEETING OF October 6 1988 NO. V. CONSENT CALENDAR 8 SUBJECT AUTHORIZE THE EXECUTION OF A CONSENT TO DEDICATION TO CONTRA COSTA COUNTY (JOB 1627 - PARCEL 2) SUB 7062 (ALAMO AREA) DATE TYPE OF ACTION APPROVE CONSENT TO DEDICATION SUBMITTED BY Dennis Hall Associate Engineer INITIATING DEPT.lDIV. Engineering Department/ Construction Division ISSUE: The County requires a "Consent to Dedication" whenever an area dedicated for public road purposes encroaches upon an existing easement. BACKGROUND: A portion of Subdivi si on 7062 is bei ng dedi cated to the County for publ ic road purposes. The new roads are to be known as "Meadow Grove Court" and "Royal Oaks Drive." An existing public sewer easement is located within the dedicated area. Since the easement precedes the dedication of the public roads, a consent to dedication is needed. A standard consent document will be used in which the District retains prior rights. This project has been evaluated by staff and determined to be exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines Section 18.6, since it involves a minor alteration in land use limitations. RECOMMENDATION: Approve the Consent to Dedication to Contra Costa County, Subdivision 7062, Job No. 1627, 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 D flf GEN. MGR.lCHIEF ENG. ftfJ INITIATING DEPT.lDIV. RAB ROGER J. DOLAN \ VICINITY MAP NoT.S. T , ... \ 4~, 00 0 IS" 0 r- ci 2 c.' ~ ,. ~ ().5.5AC. ~ ~ =- ~ ~ :"\~ ~ ~"\ ~f,/ ;r ~~ . .. /7UE.8Mr. fl\ ~ ~....."o'?i .~,'. z: . !~IM!ISO) '-i AREA of CONSeNT '-' r- ~ .,., RTf!:, P.(;.fE. N 6B.()B' "?"l"E. 14"J,q'l, ~ Pou /../AI€ ~ . : ESM'T. (458 OR4;I.) =- A'~ ___ >i'U\......... : ,,(//53 OR561J ~ .\\'l,~., ~~' 'C<.......' . or 't. .:,. . 1() :. to'WIPC.. _ -9 ~C1,~ -" _-..,.! N~,",'IZ'W-415.08-2 -;:- -- tt?/ .f,/ . (N8tN.7'04"'" "'M~) ~ tJ.5tMC, . .~. ' z, 0 ~~. ",oy If .,: ~.~. ':i; ~~ I1;l" I::- '- r- <) os' (.' "JD1Y1S1 oiy / ;: 1.3.3 M 4.030 3 / J 13 CONSENT TO DEDICATION of PUBLI C ROAD Job 1627 - Parcel 2 Alamo Area 11) to '\t ::;)n; ~::) cSr-. lI):g "'t ~15 'IfU, I!*' 4'U. ~~ ~ ~ ~ ~ ~ ~ ' ~ - 1/ . Central ~ontra Costa Sanitary ..,istrict BOARD OF DIRECTORS POSITION PAPER I BOARD MEETING OF Octobe r 6, 1988 NO. V. CONSENT CALENDAR 9 SUBJECT I PAGE 1 OF 5 AUTHORIZATION FOR P.A. 88-18 (ORINDA), P.A. 88-19 (ALAMO), P.A. 88-20 (DANVILLE), AND P.A. 88-21 (ALAMO) TO BE INClUDED IN A FUTURE FORMAL ANNEXATION TO THE DISTRICT DATE September 27, 1988 TYPE OF ACTION ACCEPT ANNEXATION FOR PROCESSING SUB~TTED BY uenni sHall Associate Engineer I I Parcel I I No. I Area i 88-18 I Ori nda I I ~B4 and I . I I I 88-19 Alamo I (77D3) I 88-20 Danville <7 8C6 ) 88-21 Alamo <77D2) Owner, Address Parcel No. & Acreaae Valentin Fikovsky 2533 Grove View Drive Richmond CA 94806 265-140-005 (1.17 AC) Virginia L. Neider 1574 Al amo Way Alamo CA 94507 191-080-005 (0.5 AC) Donald Lynch, et al 290 Rickenbacker Circle Livermore CA 94550 200-230-001 (4.42 AC) Brett All en 1471 Finley Lane Alamo CA 94507 I 192-030-018 (0.75 AC) INITIATING DEPT./DIV. Engineering Department/ Construction Division I I i Remarks ! I Property owner wants to I buil done si ngl e famil y I home. Di stri ct to I prepare "Notice of I Exempti on. " Existing house with a I failing septic system. I Di strict to prepare a "Notice of Exemption." I Property to be spl it by minor Sub No. 86-2 into four lots. An existing home is on one of the parcels. Map approved and Negative Declaration by the Town of Danville. Existing house, failing septic system. District to prepare a "Notice of I Exempti on. " I I Lead i Aae ncy I I I I CCCSD CCCSD I Danville I I CCCSD I I I RECOMMENDATION: Authorize P.A. 88-18, 88-19, 88-20, and 88-21 to be included in a future formal annexation. INITIATING DEPT./DIV. iPlr 1302A-9/85 DH REVIEWED AND RECOMMENDED FOR BOARD ACTION j!Jf ptJD JSM RAB G~./CHIEF ENG. ROGER J. DOLAN GUAItANTY SEItVICE CORP. 41.1.eAC ) '4 ..,- ~ ~ {'~.. ~" ". ~ ~~ ~~I 2 ( .'. 21 ~ .. 15 .. ~ JOHNSON 6 $, 1 AC ~H / :~~. AC /L__~ / .......,'" // STIENIICIC ~ .. 1. AC ------- '" "' '... ~ '''C [NSNIN.EII 11." AC PROPOSED ANNEXATION PA. 8/3 -/6 PROPOSED ANNEXATION RA. 88 -/9 . 100 il eo AC 9' 1360 AC F?A · 88 - 20 BREAR 3.52 AC STEINER a FELICIANO 25.045AC HAVERFIELD 4 3B AC JONES to.OOAC RA. 88 - 2/ ~ lUTE "__._.,._.___....~~,_.,,_.. _Mm_.__'__~_....~__~_..__.__.________._,~._._____.._______~"_._.,_,,_._~._.~_."_..___..,,_.._~___.._.,_ . Central ~ontra Costa Sanitary ..;istrict BOARD OF DIRECTORS PAGE 1 OF 5 POSITION PAPER BOARD MEETING OF October 6, 1988 NO. V. CONSENT CALENDAR 10 SUBJECT INITIATE PROCEEDINGS TO FORMALLY ANNEX 10 SEPARATE AREAS UNDER THE TITLE OF DISTRICT ANNEXATION 106 DATE Se tember 26, 1988 TYPE OF ACTION INITIATE ANNEXATION D.A. 106 SUBMITTED BY Dennis Hall Associate Engineer INITIATING DEPT.lDIV. Engineering Department/ Construction Division ISSUE: This District must initiate the annexation proceedings with the Local Agency Formation Commission (LAFCO) before the annexation process can be officially completed. BACKGROUND: LAFCO has requested that the District submit no more than 10 separate areas under anyone proceeding to avoid overloading their schedule. The subject areas are generally located in Alamo, Danville, Walnut Creek, Lafayette, and Ori nda and are shown on the attachments to thi s Positi on Paper. LAFCO has indicated that they may add adjoining unannexed parcels to the separate areas we submit to eliminate islands or straighten boundary lines. The District will have to hold a public hearing to consider annexation of any parcel added by LAFCO. RECOMMENDATION: Pass a Resolution of Application for the annexation of properties to Central Contra Costa Sanitary Di stri ct under Di strict Annexati on 106. REVIEWED AND RECOMMENDED FOR BOARD ACTION 1302A.9/85 DH JSM RAB ~ f!/(31. . { " ~ INITIATING DEPT.lDIV. ) ~' ,- 5\, .1'/ } \', 'j (, .-'" '"i (j~ .::, ~";" '6> CENTRAL CONTRA COSTA SANITARY DISTRICT DISTRlr-',.ANIIBXATION 106 ! .J ~'-'--- .. ,.:.../"'-'--::''Cc-./' & : " I" , Creek r ~~"'~/A. ,~ ~ y ~ lE.":"- ,~~') -~ [1' _ /1.- 1- ~~,.~~~\". .... ~'/'.:{ ,< . ~~~.. '~"...;..... . >" r. ......:t::i{t.:~r'flZ.\ ~~~. ':'J . ~/.,<\' ~,. ') '. J. ~ . p.-'i;:.m:;0~-:':1') ,.:..~~ ,1., ,,' ~. '., F. " '> \ ..... ,I." rfttTT7':; L.___,~H .... J '. ' . . .~ .. ""'W,'''' '1!'~' '--~fl.~''''-'' '. . -..,' ~..,. .: "_I:~i}{:;~~ "':~t..~ ,e." - / . <. . :~' ~ , I I I'i~r... ,'''',. ,'. ", . I ,: f . I \ ; A .~.,..,....\ " ,r \. ~ ,,' . ~1r--~~ .--t ~_.' "!..'-- II !-~.,., 1. I ~", . "", ... ... \ V" tit 1l1:'~1 /dL i& \. --. _ . . \. )/, :,: ) " , t:t:/~5~.;/;"0f !'T~!---~:~.-~ '~;~~~\ ~\ '. .: "~~~\~'\ ~- \~ ' '1" t.. ...-. ~ ,., ; I .J, \., .-c, \ - '" .' ".,..,-tP t.. J. 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'\.. .'?~" v\,~ ~.; """&l l.i.1\......<?\ ~-t.,l.. '"~,.'''.::~~~~\,/.,,.~..... ............,..::..\..\.:\ ............ ",''-. '. ..... :i >.': Mj........--: ,.~..., .... flrJJ .....' .... .... ...., ..:....;....' ............. ~ ........r' T;f~' ~~".. " .~_;_.....(-:<..,\\\ ...:'..,:/~:...\ ..:"?d ~. '. '. ~.~'../j/ ~: ; ". ..... ;;.:~/.:?;" '^' . ......_ .__:/ '. . .. . d' . . ....- r ................ ..~... - .' .'.' . .... .' '. ~. ..;,.':. ~ .... 'c, ..1...... ..- .' ">>'I'~:.. ~ ~';. _ ......x.\? _c'""' "~ . .\'jJ:':.~~I~ :" ;~_;~Ea"~ · , , ~ t. " , ~." --...... . '\", - \ '. ~.. .;,.. -- / '. ;.,...........~ - ~ "'~.-", '... . ~'Ii'/ .~ . . .....: .....: ...~.. "~I, ".~ q , , '.' ::....r:.{, '. .\' ' . \'.... ~i'J ! \ ': ~ "~\...:.".'\ .. '.,:... \ \ "',: . ...:;:".,.,.{... CENTRAL CONTRA COSTA SANITARY~'DISTRICT DISTRIf: ANNBXATION 106 ~\} . r \: \: \~, 'f ~;" . :' ~I, . :\. -',' i A/', I .-\ .~':"< ,,/~:j:.,~~~\ :.... .' . .'s- ~" .." (2.z... \ ' . _....'...... ~ . '\ \;r" ': 'r ;: I '\_-. , ';:</~ ....:~~~/..l'.:.~ :;.', ~.\'>:~~< 'I:' ' .. .!."'" ,;, ,,\_.. .i. ,.. ..... f \ '~' . "../ j \ \ \ ""\ \ ~-..... \ \ ,.._.1... \ ': ' I' ,.. ["\ )'.:\ . .., ~; (;~ '--~ ~ ,; 'I' " < . .... i '. \' ':' .../..','\ . ...:/'.,': .., .~, :-.~". '.-': .-.;....:: ? ,; -- .--,.'1';.,..; ~ '.~ \ >-.. " ..:~:,/ ) 'J.i.j" I , j .r' / ... /d~",__, .~_.. I .' //. ' . .jr.....:... .' /.' , J...... ./ )- /,'/'\ -~/... ./ " I ;' I / I I~.. J \ I . "~~~'~ " S 3 . r ..f.. . ~-" ,~ ..., ~ ~'-_.~ .~ " .r7~ ............"'..........\......\\ ;..."\:.. ,'. ...... ~'.\ \ '..\.""f0 ~.~. '~I\ /\ -i .../ ..' ~t,. j./~~hi>.. ............... '1ra:{.4~.. .......?'> ........ ..' \--- u \ \ ........ ...: - ~y;X .~r(Y . ~-o '. ..' /. /~ ".. ....: "':':' /. Vj~ ,J~... ."r; DISTRICT ANNEXATION NO. 106 Tabulation of Parcels Pa rce 1 P.A. No. Owner Address I Date Approved by Board No. & Area Parcel No. & Acrea e and Remarks 1 85-14 Donald R. Monaco 7/23/85 I CCCSD Ori nda I P. O. Box 1768 "Notice of Exempti on" I , Ori nda CA 94563 I 1265-060-010 (0.44 AC) I 2 85-9 Ronald D. Gerke 5/16/85 CCSSD Lafayette 4429 Marsh Elder Court "Notice of Exemption" Concord CA 94521 1167-100-007 (0.83 AC) I 3 85-4 'Charles E. Birt 2/7/85 I CCCSD W a 1 nut , 813 Hutch i nson Road "Notice of Exempti on" I Creek I Wal nut Creek CA I 139-071-043 (0.44 AC) 4 86-12 King K. Lou I 4/17/86 CCCSD Wal nut I 74 Castl e Rock Court I "Notice of Exemption" Creek I Wal nut Creek CA 94598 I 1138-080-056 (0.982 AC) 1 5 86-11 I Cl i nton A. Phal en, etux 4/17/86 CCCSD W a 1 nut I 30 Orchard Estates Dr. "Notice of Exemption" Creek Walnut Creek CA 94598 138-080-002 (0.59 AC) I 86-20 Way ne O. Wi be 1 I 8/21/86 CCCSD Wal nut , 48 Orchard Estates Dr. , "Notice of Exemption" Creek , Wal nut Creek CA 94598 I 1138-080-03 <0.6 AC) , I I 1 Lea L. Maples I 1 84 Orchard Estates Dr. I , Wal nut Creek, CA 94598 I 138-080-04 (0.60 AC) I 13 8-080-05 (0.64 AC) 6 86-15 I Garry Delange 5/1/86 Exempti on" I Alamo 12617 Danville Blvd. "Notice of CCCSD I Alamo CA I 1188-370-014 (0.64 AC) I DISTRICT ANNEXATION NO. 106 Tabulation of Parcels Parcel No. Date Approved by Board and Remarks 7 8 9 10 P.A. No. Owner Address & Area Parcel No. & Acrea e Norman E. Betaque 1655 Diablo Vista Rd. Alamo CA 94507 188-360-002 (0.82 AC) John J. Naylor 75 Hol i day Drive Alamo CA 94507 198-111-032 (1.02 AC) H. Timmons 2717 Stone Valley Road Danville CA 94526 196-020-005 (4.22 AC) I 86-14 I Danvill e I I I Jerry L. Biggs 4209 "B" Street Sacramento CA 95819 196-050-011 (0.92 AC) 6/6/85 "Not; ce of Exempti on" I I I 3/6/86 I CCCSD "Noti ce of Exempt; on" I I 12/4/86 CCCSD "Notice of Exemption" I 5/1/86 I "Not; ce of I I I I CCCSD Exempti on" I I I I . Central ,.,ontra Costa Sanitary ..,istrict BOARD OF DIRECTORS PAGE 1 OF 1 POSITION PAPER BOARD MEETING OF October 6 1988 NO. v. CONSENT CALENDAR 11 SUBJECT ESTABLISH NOVEMBER 3, 1988, AT 3:00 P.M. AS THE DATE AND TIME FOR A PUBLIC HEARING ON ANNEXATION 104 AS AMENDED BY THE LOCAL AGENCY FORMATION COMMISSION (LAFCO) DATE Se tember 27 198 TYPE OF ACTION SET HEARING SUBMITTED BY Denni sHall Associate En ineer INITIATING DEPT./DIV. Engineering Department/ Construction Division ISSUE: LAFCO has added properties to several of the parcel s which are a part of the above-referenced Di strict annexation. A public heari ng must be hel d before this District can order the annexation of these amended parcels. BACKGROUND: The above-referenced annexation was sent to LAFCO as required for the formal annexation process. LAFCO has amended the boundaries of several of the parcels as submitted by the District. The amended parcels are designated as D.A. 104, Parcels B, C, D, E, and F. As required by law, staff will notify all affected property owners 15 days prior to the public hearing. RECOMMENDATION: Set a public hearing date on November 3, 1988, at 3:00 p.m. for the annexation of the above-referenced territories as amended by LAFCO. REVIEWED AND RECOMMENDED FOR BOARD ACTION DH JSM RAB INITIATING DEPT./DIV. &.y 'if Mj? 1302A-9/85 LEGAL NOTICE Notice of Time and Place of Public Hearing on the Matter of Proposed District Annexation No. 104 as Modified by the Local Agency Formation Commission to Central Contra Costa Sanitary District Notice is hereby given that: a. The Local Agency Formati on Commi ssi on (LAFCO) on August 10, 1988, considered the District's application for annexation of certain territories which had requested annexation by petition. The annexations were requested because the Central Contra Costa Sanitary District (CCCSD) requires that all properties requesting sewer service be annexed into CCCSD's bounda ri es. LAFCO approved the annexati on and determi ned that certain additional properties shall be included in said annexation to improve the continuity of the resulting boundaries. b. A hearing to consider including the additional properties within the above-referenced annexation will be held on Thursday, November 3, 1988, at 3:00 p.m., at the District Headquarters Building, Public Meeting Room, 5019 Imhoff Place, Martinez, California, 94553. c. Owners of land within the affected territory may file written protest against the annexation with the Secretary of CCCSD prior to the conclusion of the hearing. d. The proposed additional properties to be incl uded in the subject annexati on are generally adj acent to the exi sti ng Di stri ct bounda ri es. These properties are more precisely identified by Assessor's Parcel Numbers 140-200-004, 197-161-051 and -052, 208-031 -004, 230-110-002 thru -007, -011 and -012, and 231-070-008. e. LAFCO made an Initial Study of Environmental Significance for the proposed annexation and prepared a Negative Declaration of Environmental Si gnificance. The Negative Decl arati on will be rev iewed by the Di stri ct Board of Directors as part of its consideration of this annexation. CENTRAL CONTRA COSTA SANITARY DISTRICT 4,utfh~ 61yce E. McMill an Secretary of the District . Centra~ ':ontra Costa Sanitary ..Jistrict BOARD OF DIRECTORS PAGE 1 OF 1 POSITION PAPER BOARD MEETING OF SUBJECT NO. v. CONSENT CALENDAR 12 DATE ACCEPl' '!lIE <m'IRAC1' wrnK FOR SOIEOOLE-A, SAN RAf.Dil VALLEY INrERCEProR SEWER PInJECr <D.P. 4224A) AND AUTHORIZE '!HE FILIN:; OF '!HE NJrICE OF COMPL~ION se ember 26, 1988 TYPE OF ACTION ACCEPr <XN1RACT wrnK INITIATING DEPT./DIV. Engineering Department/ COnstruction Division ISSUE: COnstruction has been canpleted on the Schedule-A, san Ramon Valley Interceptor Sewer Project and the work is now ready for acceptance. BACKGRXJND: '!be Schedule-A and Schedule-B projects are part of the new san Ramon Valley Interceptor Project. The construction of the Schedule-B project was canpleted in July, 1988 and accepted by the Board on July 7, 1988. '!be construction of the Schedule-A project is now completed and all of the new interceptor system is in service. The major elements of the Schedule-A project consisted of the installation of six miles of prepurchased concrete pipeline, including ~ miles of 6o-inch and ~ mile of 54-inch diameter pipe, three creek crossings, and 47 manhole structures. As part of the Schedule-A project, the recreation trail along the pipeline was restored. Mditional information 00. the Schedule-A project is given on page CS-8 of the 1988-1989 Capital Improvanent Budget. en May 19, 1987, the Board authorized the award of a contract to Western utility COntractors, Incorporated, to construct the Schedule-A project. Notice to Proceed was issued 00. June 2, 1987. The contract canpletioo. date was september 15, 1988. All contract work was essentially completed by the contract canpletion date. The total authorized oodget for the Schedule-A project, including the engineering design, consultant services, District forces, prepurchase of pipe, testing services, etc., is $12,297,000. A detailed accounting of the project cost will be provided to the Board at the time of project closeout. It is appropriate to accept the contract work at this time. ~ATION: Accept the contract work for construction of SChedule-A of the san Ramon Valley Interceptor Sewer Project <District Project 4224A) and authorize the filing of the Notice of Completion. REVIEWED AND RECOMMENDED FOR BOARD ACTION INITIATING DEPT./DIV. -t4{ 0L 1302A-9/85 HBT RSK JSM RAE . Central ~ontra Costa Sanitary ..,istrict BOARD OF DIRECTORS PAGE 1 OF 1 POSITION PAPER BOARD MEETING OF October 6, 1988 NO. V. CONSENT CALENDAR 13 SUBJECT DATE ACCEPT THE CONTRACT WORK FOR THE OUTFALL REHABIL ITATION PHASE II PROJ ECT <DP 20056) AND AUTHORIZE THE FIL ING OF THE NOTICE OF COMPLETION Se tember 26, 1988 TYPE OF ACTION ACCE PT CONTRACT WORK SUBMITTED BY Henry B. Thom Associate En ineer INITIATING DEPT./DIV. Engineering Department/ Construction Division ISSUE: Construction has been comp1 eted on the Outfall Rehabi1 itation Phase II Project, and the work is now ready for acceptance. BACKGROUND: The Outfall Rehabi1 itation Project is requi red to upgrade the conditi on of the outfall in order to increase the p1 ant's eff1 uent di scharge capabi 1 iti es. The maj or e1 ements of the Phase II Proj ect consi sted of the installation of mechanical joint seals for approximately 126 leaking pipe joints, thrust restraining harnesses at pipe curves, surge protection air release and air vacuum assemb1 i es, 1 a rge access hatches, additi ona1 dech 1 ori nati on pi pi ng, an isolation slide gate at the weir structure, corrosion protection coatings, raising a buried manhole, valve adjustments, pressure grouting fractured pipe sections, grouting and sealing of approximately 40 dry pipe joints found to have separated excessive1 y, survey monuments, i nc1 i naneters, and strai n gauges. Additi ona1 information on the Phase II Project is presented in the 1988-1989 Capital Improvement Budget beginning at page TP-1. On May 5, 1988 the Board authorized the General Manager-Chief Engineer to execute a contract with McGui re and Hester General Contractors to construct the Outfall Rehabi1 itation Phase II Project. Notice to Proceed was issued on June 6, 1988. The contract completion date was October 4, 1988. All contract work was completed prior to the contract completion date, and the outfall was returned to service on September 26, 1988. The total authorized budget for the Phase II Project, i nc1 udi ng the engi neeri ng and design, consultant services, District forces, testing services, etc. is $2,453,000. A detailed accounting of the project cost will be provided to the Board at the time of project closeout. It is appropriate to accept the contract work at this time. RECOMMENDATION: Accept the contract work for the Outfall Rehabilitation Phase II Project <District Project 20056) and authorize the filing of the Notice of Comp 1 eti on. REVIEWED AND RECOMMENDED FOR BOARD ACTION 1302A-9/85 HBT RSK JSM RAB ~ -1a: ;JJfJ INITIATING DEPT./DIV. . Centra ~ontra Costa Sanitar) )istrict BOARD OF DIRECTORS PAGE 1 OF 5 POSITION PAPER BOARD MEETING OF Octobe r 6, 1988 NO. VI. ADMINISTRATIVE 1 SUBJECT DATE Octobe r 3, 1988 CONSIDER ADOPTION OF REVISED DISTRICT BOARD MEETING PROCEDURES AND INITIATION OF SPEAKER'S CARD SYSTEM TYPE OF ACTION ADOPT RESOlUTION REV ISING PROCEDURES SUBMITTED BY Joyce E. McMillan Secretary of the District INITIATING DEPT.lDIV. Adm ini strative ISSUE: The Central Contra Costa Sanitary District Board of Directors has expressed a desi re to revise the District Board meeting procedures to more efficiently accommodate comments from members of the public. BACKGROUND: On the September 1, 1988 District Board meeting agenda, the matter of publ ic comments was calendared for discussion by the Board of Directors. At that time, the Board rev iewed the current District Board meeti ng procedures and made suggestions for more orderly and efficient conduct of business. In addition, staff investigated procedures used in other jurisdictions in Contra Costa County. The resul ts of those investigations and the recommendations of the Board have been incorporated into the proposed resolution attached for consideration (Attachment II), The proposed changes, set forth in Attachment I, consist of modifications to the instructions to speakers set forth in Resol ution No. 86-193 and printed on the District Board meeting agenda forms. Members of the audience wishing to address the Board will be requested to complete a speaker's card and present it to the Secretary of the Di strict. A proposed speaker's card is attached (Attachment I II). Because of the number and complexity of matters presented for Board consideration and to facilitate the give and take between the Board and the publ ic, comments from members of the audience on Publ ic Hearing items and other calendared agenda items will be taken as each item comes up on the agenda. The Board President may direct questions to any member of the audience as appropriate at any time during the meeting. Comments on matters not calendared on the agenda will be heard under PUBLIC COMMENTS at the beginning of the agenda. In addition to the changes to the instructions to speakers, an explanation of the District Board procedures with regard to the Consent Calendar was included in an effort to inform members of the audience who are not regular attendees of District Board meetings. RECOMMENDA nON: Consider the proposed rev isi ons to the Di strict Board meeti ng procedures, modify as appropri ate, and adopt a resol ution rev isi ng the Di strict Board meeting procedures and initiating the use of a speaker's card system. REVIEWED AND RECOMMENDED FOR BOARD ACTION INITIA TING DEPT.lDIV. ~ 1302A-9/85 JEM ATTACHMENT I INFORMATION FOR THE PUBLIC Anyone wishing to address the Board of Directors should complete a speaker's card and submit it to the Secretary of the District. In addressing the Board, speakers should step to the podium and state their names and addresses for the record. The Board President may direct questions to any member of the audience as appropriate at any time during the meeting. All matters listed under the CONSENT CALENDAR are considered to be routine by the Board of Directors and will be enacted by one motion. There will be no separate discussion of these items unless requested by a Member of the Board of Directors or the public prior to the time the Board votes on the motion to adopt. IN~OR.'4ATION +Q ~4EHBERS ~ ~ PUBLIC WISHIW~ +Q .4,DORE~~ ~ ~ 1. ADDRESSING THE BOARD ON AN ITEM ON THE AGENDA '1h- Public H9uiRQ a9lRii: U ~ ~ .:i..- .. public heuiRQ ~ ~ gpportuR ity .:tQ ~ w-i-l.+ .b.Q provid9d ~ ~ !:leuiRQ .:i..- ~ +t ..t.:t. r9Qul.r ~ ..:i-R. ~ aQ9Rda. &... ~.tt9r& ~ ~ ~ Public H9.riAQ It9IRiil ~ ~ ~ ~ ~ ~ ~ ~ .eA4 w-i-l.+ ~.b.Q public !:l9.riRQ it9lRii, 1R9IRb9rii ot ~ public ~ .ddr9iiii ~ ~ ~ ~ ~ PUBLIC CO~~ENTS. Persons wishing to speak on PUBLIC HEARINGS and OTHER MATTERS listed on the agenda will be heard when the President calls for comments from the audience, except on public hearing items previously heard and closed to public comment. The President may specify the number of minutes each person will be permitted to speak based on the number of persons wishing to speak and the time available. After the public has commented, the item is closed to further public comment and brought to the Board for discussion and action. There is no further comment permitted from the audience unless invited by the Board. 2. ADDRESSING THE BOARD ON AN ITEM NOT ON THE AGENDA In accordance with state law, the Board is prohibited from discussing items not calendared on the agenda. For that reasonL members of the public wishing to discuss or present a matter to the Board other than a matter which is on this agenda are requested to present the il,lbj&ct matter in writing to the Secretary of the District at least one week prior to a regularly scheduled Board meeting date. If you are unable to do this, you may make an announcement to the Board of your concern under ~ ~ PUBLIC COMMENTS. Matters brought up which are not on the agenda will be referred to ~ staff for action or calendared on a future agenda. ATTACHMENT II RESQUTION NO. 88- A RESQUTION REVISING DISTRICT BOARD MEETING PROCEDURES AND INITIATING A SPEAKER'S CARD SYSTEM WHEREAS, the number and comp1 exity of matters presented for Board consideration and action necessitate an orderly meeting; and WHEREAS, it is the intent of the Board of Directors to ensure a logical, clear, and concise agenda to the benefit of all concerned and to expedite matters presented to the Board for consideration and action. NCW, lHEREFORE, BE IT RESQVED by the Board of Di rectors of the Central Contra Costa Sanitary District that the use of a speaker's card systan shall be initiated and the following shall be printed on the District Board meeting agenda: INFORMATION FOR THE PUBLIC Anyone wishing to address the Board of Directors should complete a speaker's card and submit it to the Secretary of the District. In addressing the Board, speakers should step to the podium and state their names and addresses for the record. The Board President may di rect questions to any manber of the audience as appropriate at any time during the meeting. All matters 1 isted under the CONSENT CALENDAR are considered to be routi ne by the Board of Di rectors and w 111 be enacted by one motion. There will be no separate discussion of these itans unless requested by a Member of the Board of Di rectors or the pub1 ic prior to the time the Board votes on the motion to adopt. 1. ADDRESSING lHE BOARD ON AN ITEM ON lHE AGENDA Persons wishing to speak on PUBLIC HEARINGS and OTHER MATTERS listed on the agenda will be heard when the President calls for comments from the audience, except on pub1 ic hearing itans previously heard and closed to publ ic comment. The President may specify the number of minutes each person will be permitted to speak based on the number of persons wishing to speak and the time available. After the publ ic has commented, the item is closed to further publ ic comment and brought to the Board for discussion and action. There is no further comment permitted from the audience unless invited by the Board. 2. ADDRESSING THE BOARD ON AN ITEM NOT ON THE AGENDA In accordance with state law, the Board is prohibited from discussing items not calendared on the agenda. For that reason, members of the public wishing to discuss or present a matter to the Board other than a matter which is on this agenda are requested to present the matter in writing to the Secretary of the District at 1 east one week prior to a regul arly schedul ed Board meeti ng date. If you are unable to do this, you may make an announcement to the Board of your concern under PUBLIC COMMENTS. Matters brought up which are not on the agenda may be referred to staff for action or calendared on a future agenda. PASSED AND ADOPTED this 6th day of October, 1988, by the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COU NTERSIG NED: Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California Approved as to form: James L. Haz ard District Counsel ~_.,.,.__._~..---.--.~--,_.,.,._. <".,......~-,._.-............._.,-_.._<--....,'-"----,._--"--,-,--",-",._,....'._.,---".."-,~_._--_.~'""~_._<---,..,.,..,.-+.' ..,_._.._~--,--_.,_.~."_.,,._._,...._.~-- ATTACHMENT III . CENTRAL CONTRA COSTA SANITARY DISTRICT REQUEST TO ADDRESS ll-IE BOARD Name: Address: Telephone: Do you represent an organization? [ JYes Name of Organiz ati on: [ JNo [ JFOR [ JAGAINST Agenda Item Number and Letter Date: (See reverse side for instructions.) INSTRUCTIONS If you wish to address the Board, please fill out a Speaker's Card and submit it to the Secretary of the District at the beginning of the meeting. When the President recognizes you to speak, step to the podium and state your name and address for the record, and direct your remarks to the Board. Members of the audi ence may speak on subj ects 1 i sted on the agenda as public hearings or publ ic discussion items. The President will recognize speakers during the hearing and may specify the number of minutes each person will be permitted to speak. Such 1 imitation will take into account the number of persons wishing to speak and the time available. Groups may be asked to select a spokesperson. Additional rules regarding the conduct of Board meetings are printed on the agenda. . Central ~ontra Costa Sanitary .Jistrict BOARD OF DIRECTORS PAGE OF POSITION PAPER BOARD MEETING OF October 6, 1988 NO. VIr. ENGINEERING 1 SUBJECT AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH EAST BAY MUNICIPAL UTILITY DISTRICT FOR RELOCATION OF 10-INCH WATER MAIN FOR THE DIABLO ROAD SEWER IMPROVEMENTS PROJECT, DP 4455 DATE September 28, 1988 TYPE OF ACTION AUTHORIZE AGREEMENT SUBMITTED BY Thomas C. Cheng Assistant Engineer INITIATING DEPT./DI~ngineering Department Engineering Division ISSUE: Board authorization is required for the General Manager-Chief E~gineer to execute an agreement with East Bay Municipal Utility District for relocation of a 10-inch water main. BACKGROUND: The District is designing improvements to the wastewater collection system along Diablo Road in Danville between Matadera Way and Green Valley Road. The improvements consist of 1,160 linear feet of l8-inch and 27-inch trunk sewers. East Bay Municipal Utility District (EBMUD) is concurrently designing a 30-inch water pipeline for installation parallel to an existing 10-inch water line along the same general alignment. The most cost effective way to accommodate both the new water and sewer lines is to locate the new sewer in essentially the same alignment of the existing EBMUD 10-inch water line. This will require relocating the existing 10-inch water line. A cost sharing agreement for the relocation project has been negotiated with EBMUD's staff. CCCSD's financial participation for the relocation will be $25/linear foot, not to exceed $30,000. This includes the cost of design and construction. The design and relocation of the water main will be performed by EBMUD staff. The design and subsequent construction of water line needs to proceed as soon as possible to facilitate the completion of the trunk sewer work in the 1989 construction season. This project, including funds for EBMUD's water main relocation work, is included in the FY 1988-89 Capital Improvement Budget and is described beginning on Page CS-23. The Diablo Road Sewer Improvement Project, which includes the water main relocation, has been determined to be exempt from the California Environmental Quality Act under CEQA Statute 21080.21, since it consists of a pipeline project of less than one mile in length to be located in a public right-of-way. A Notice of Exemption was filed with the Contra Costa County Clerk on March 30, 1988. RECOMMENDATION: agreement with 10-inch water DP 4455. Authorize the General Manager-Chief Engineer to execute an the East Bay Municipal Utility District for the relocation of a main to accommodate the Diablo Road Sewer Improvement Project, REVIEWED AND RECOMMENDED FOR BOARD ACTION Ice 1302A-9/8S TCC DRW RAB ENG. INITIATING DEPT./DIV. B 1 r(r\ BLM YiP l1Jf] . Central ~ontra Costa Sanitary ~.,istrict BOARD OF DIRECTORS PAGE 1 OF 13 POSITION PAPER BOARD MEETING OF October 6, 1988 NO. VI!. ENGINEERING 2 SUBJECT DATE September 30, 1988 ORDER COMPLETION OF DISTRICT ANNEXATION 103, ACME TRANSFER STATION ANNEXATION TYPE OF ACTION COMPLETE ANNEXATION OF DA 103 SUBMI:)~~Dn~~ Hall Associate Engineer INITIA1lNG OEPT./DI)/. 0 tm t/ ~nglneerlng epar en Construction Division ISSUE: A resolution by the District's Board of Directors must be adopted to finalize District Annexation 103. BACKGROUND: The ACME Fill Corporation previously made application to the Local Agency Formation Commission (LAFCO) for the annexation of a 9.94 acre parcel of land designated as District Annexation 103. LAFCO has considered this request and has recommended that th i s annexati on be processed as submitted. LAFCO has designated this parcel to be District Annexation No. 103. No public hearing is required and the annexation of this parcel can be completed. A Final Environmental Impact Report (FEIR) for the Acme Fill permanent transfer stati on addressi ng the proposed annexati on has been prepared by Contra Costa County (acting as Lead Agency) pursuant to the Cal Hornia Environmental Qual ity Act <GEQA). LAFCO has rev i ewed and consi dered the FE IR for th is annexati on (project) in making its determinations and approving this annexation. For this project the District, under CEQA, is the Responsible Agency. The Responsible Agency is the publ ic agency which proposes to carry out or approve a project, for which a Lead Agency has prepared an EIR. As a Responsi bl e Agency, the Di stri ct must consi der the County's deci si on to prepare an FEIR as final unless the exceptions found in Section 4.1.(c), 4.3, and 11.3 of the District's CEQA Guidelines exist. These sections are attached as Exhibit A. District staff has evaluated the decision by the County to prepare an FEIR specifically with respect to District CEQA Guidelines Sections 4.1.(c), 4.3, and 11.3 and has found that no exceptional circumstances exist. Before approving the annexation, the Board must review and consider the environmental effects of the project as shown in the FEIR, portions of which relating to sanitary sewer facil ities are separately bound as Appendix One. The entire FEIR has been made available to the Board and is on file at the District offices. The significant environmental impacts which were identified in the FEIR and rel ated miti gati on measures are summarized in County Boa rd of Superv i sors' Resolution No. 87-758 which is separately bound as Appendix Two. INITIATING DEPT./DIV. ~~ ,%;11 !/if? 1302A-9/85 DH JSM RAB ENG. SUBJECT POSITION PAPER ORDER COMPLETION OF DISTRICT ANNEXATION 103, ACME TRANSFER STATION ANNEXATION PAGE 2 OF 13 DATE September 30, 1988 The District as a Responsible Agency has responsibility for mitigating or avoiding only direct and indirect environmental effects on those parts of the project which it approves in this annexation. The parts of this project which the District will approve are the desi gn of the sewer system for the transfer station and the connecti on of the sewer system to the Di stri ct' s system. Prel iminary di scussi on with ACME Fill's consultants indicate that sewer service for the permanent transfer station will be needed. Wastewater sources would include domestic waste from restrooms and al so may incl ude a truck wash facil ity. Any request for di scharge of wastewater from a truck wash facility or other nondomesti c source would not be approved unless the proposed facility meets all District requirements and the source control ordinance. The District as a Responsible Agency shall not approve the project as proposed if the District finds any feasible alternative or feasible mitigation measures within its powers that would substantially lessen or avoid any significant effect the project would have on the environment. To complete its consideration of the environmental effects, the Board must make findings pursuant to District CEQA Guidelines Sections 7.12 and 7.14 regarding each significant impact identified in the FEIR and whether each si gnificant impact has been el imi nated, substanti ally 1 essened, or properl y miti gated. Staff's proposed CEQA fi ndi ngs a re attached as Exhibit B. After adopting the proposed findings, the Board should order that the Secretary of the District file a Notice of Determination as a Responsible Agency stating that the District considered the FEIR as prepared by Contra Costa County as required. The Board is to consider factors in deciding to approve or disapprove the proposed annexation. These factors are set forth as Exhibit C. Following its review, the Board shall adopt a resolution reflecting the appropriate action taken: 1. Certify that the Board has reviewed and considered the FEIR. 2. Approve the proposed annexation based upon a favorable result from the consideration of the factors set forth in Exhibit C. 3. Order the annexati on if no protest is received from the sol e property ow ne r . RECOMMENDATION: Adopt a resolution which certifies 1) that the Board has reviewed and consi dered the FE IR prepa red by the County, 2) adopts the proposed f i ndi ngs of staff, 3) orders the Secretary of the District to file a Notice of Determination and 4) orders the territory annexed. 13028-9/85 ....J SCALE: 1 ":600' Area to be annexed \ MARTINEZ \ GUN CLUB ., " Q'" /' /' General area of proposed permanent transfer station. \ ~ ".. Mt. View-Central Contra Costa Sanitary District common boundary -I , \ I, + / Oo( / Central Contra Costa Sanitary District . Annexation Location Map page 3 of 13 2523-1/87 ._____._...___~_....___,__.."__.,__".".___._"_"'~_____'__."..________.._.~.____.._____~_,.~._,_"______._'___~_.-------._.____0__-.-_.----.-..---... PAGE 4 of 13 PAGES EXHmrr A EXCEPTIONS IN DISlRICf'S a::OA GUIDELINES Section 4.1. Lead Agency Concept. (15050) (a) Where a project is to be carried out or approved by more than one public agency, one public agency shall be responsible for preparing an EIR or Negative Declaration for the project. This agency shall be called the Lead Agency. (b) Except as provided in subsection (c), the decision-making body of each Responsible Agency shall consider the Lead Agency's EIR or Negative Declaration prior to acting upon or approving the project. Each Responsible Agency shall certify that its decision-making body reviewed and considered the information contained in the EIR or Negative Declaration on the project. (c) The determination of the Lead Agency of whether to prepare an EIR or a Negative Decl aration shall be final and concl usive for all persons, including Responsible Agencies, unless: (1) The decision is successfully challenged as provided in Section 21167 of the Public Resources Code, (2) Circumstances or conditions changed as provided in Section 11.3, or (3) A Responsible Agency becomes a Lead Agency under Section 4.3. Section 4.3. Shift in Lead Agency Designation. (15052) (a) Where a Responsible Agency is called on to grant an approval for a project subject to CEOA for which another public agency was the appropriate Lead Agency, the Responsible Agency shall assume the role of the Lead Agency when any of the following conditions occur: (1) The Lead Agency did not prepare any environmental documents for the project, and the statute of 1 imitations has expi red for a challenge to the action of the appropriate Lead Agency. (2) The Lead Agency prepared env i ronmental documents for the project, but the following conditions occur: (A) A subsequent EIR is required pursuant to Section 11.3, (8) The Lead Agency has granted a final approval for the proj ect, and (C) The statute of limitations for challenging the Lead Agency's action under CEOA has expired. PAGE 5 of 13 PAGES (3) The Lead Agency prepared inadequate environmental documents without consulting with the Responsible Agency as required by Sections 6.3 or 7.3, and the statute of limitations has expired for a challenge to the action of the appropriate Lead Agency. (b) When a Responsible Agency assumes the duties of a.Lead Agency under this section, the time limits applicable to a Lead Agency shall apply to the actions of the agency assuming the Lead Agency duties. Section 11.3. Subsequent EIR (15162) (a) Where an EIR or Negative Declaration has been prepared, no additional EIR need be prepared unless: (1) Subsequent changes are proposed in the project which will require important revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental impacts not considered in a previous EIR or Negative Declaration on the project; (2) Substanti al changes occur with respect to the ci rcurnstances under which the project is undertaken, such as a substantial deterioration in the air quality where the project will be located, which will require important revisions in the previous EIR or Negative Declaration due to involvement of new significant environmental impacts not covered in a previous EIR or Negative Declaration; or (3) New information of substantial importance to the .project becomes avail abl e, and (A) The information was not known and could not have been known at the time the previous EIR was certified as complete or the Negative Declaration was adopte~, and (B) The new information shows any of the following: 1. The project will have one or more significant effects not discussed previously in the EIR; 2. Significant effects previously examined will be substantially more severe than shown in the EIR; 3. Mitigation measures or alternatives previously f"ound not to be feasible would in fact be feasible and would substanti ally reduce one or more si gn1ficant effects of the project; and 4. Miti gati on measures or al ternatives whi ch were not previously considered in the ErR would substantially lessen one or more significant effects on the environment. _~.~___,.,.__~__.____.,~._,....__..~__.,__~..~~,' ..._.,______....___.._______.__"._.__._~_.....__~_~__.a___~.." PAGE 6 of 13 PAGES (b) If the EIR or Negative Declaration has been completed but the project has not yet been approved, the lead Agency shall prepare or cause to be prepared the subsequent EIR before approving the project. (c) If the project was approved prior to the occurrence of the conditi ons descri bed in subsecti on (a), the subsequent EIR shall be prepared by the public agency which grants the next discretionary approval for the project. In this situation no other Responsible Agency shall grant an approval for the project until the subsequent EIR has been compl eted. RAGE 7 of 13 PAGES EXHIBIT B FINDINGS The following are proposed findings based on staff's review of the FEIR prepared and certified by Contra Costa County as the lead agency and review of Resol ution No. 87-758 of the County Board of Supervisors regarding this project. o The District has reviewed and considered the FEIR as prepared by the County. o With the exception of sanitary service being provided by Central Contra Costa Sanitary District in compliance with the mitigation measures that are within the District's responsibility and . jurisdiction, mitigation measures as shown in County Board of Supervisors' Resolution No. 87-758 are within the responsibility and jurisdiction of other public agencies and not the Sanitary District. o Boa rd of Supervi sor' s Resol uti on No. 87-758 and its enclosures/attachments are incorporated herein by reference and the Board of Supervisors' findings and determinations set forth in said Resolution, which are within District responsibility and juri sdi cti on, are adopted i ncl udi ng statements of overri di ng considerations. o Each significant impact identified in the EIR and as shown in County Board of Supervisors' Resol ution No. 87-758 has been el imi nated, substanti all y 1 essened, properl y miti gated, or deemed to be acceptable in view of the overriding benefits of the project. The Board has used discretion in determining that all significant effects on the env ironment have been elimi nated or substanti all y lessened where feasible. o The determination of this proposal is in compliance with the mitigation measures that are within the District's responsibil ity and jurisdiction. o There are no alternative or mitigation measures within the District's powers that would substantially lessen or avoid any significant effect, or mitigate or lessen the di rect or indi rect environmental effects of providing Sanitary District services to the property to be annexed. PAGE 8 of 13 PAGES EXHIBIT C FACTORS TO BE CONSIDERED BY THE BOARD 1. Whether the proposed annexation will be in the best interest of landowners or present or future inhabitants within the District and within the territory proposed to be annexed to the District. 2. LAFCO's Resolution (88-18) making the determination that the proposed annexation should proceed forward to hearing by this Board (see Attachment 1). 3. Factors requi red by Government Code Secti on 56841 which were taken into consideration by LAFCO in making its determination to refer the proposed annexation to our District as the conducting authority. These factors are listed in Attachment 2. 4. Any other matters which the Board deems material to the decision to approve or disapprove the proposed annexation. Except for findings regarding the value of written protest, the Board is not required to make any express fi ndi ngs concerni ng any of the factors consi dered by the conducting authority. RESOLUTION OF LOCAL AGENCY FORMATION COMMIS. ~ OF CONTRA COSTA COUNTY MAKING DETERMINATIONS AND APPROVING PROPOSED ACME TRANSFER STATION ANNEXATION NO. 103 TO CENTRAL CONTRA COSTA SANITARY DISTRICT (LAFC 88-18) AND CONCURRENT REVIEW AND UPDATE OF THE JOINT SPHERE OF INFLUENCE (SOl) BOUNDARY OF SAID DISTRICT AND MT. VIEW SANITARY DISTRICT (MVSD) ATTACHMENT 1 PAGE 9 of 13 PAGES The Local Agency Formation Commission finds: On June 29, 1988 a landowner petition was submitted to the Executive Officer of this Commission, making application for annexation of affected territory to Central Contra Costa Sanitary District (CCCSD); and Reasons for the proposal are set forth in the application petition; and At the times and in the form and manner provided by law, said Executive Officer gave notice of public hearing by this Commission upon said application. Said notice was sufficient for the Commission to concurrently review and update the joint SOl boundary of CCCSD and MVSD; and The Executive Officer reviewed said application and prepared the Executive Officer Report including his recommendations therein; said application and report were presented to and considered by this Commission, the Executive Officer noting that all of the owners of affected land have given their written consent to the proposal; and The public hearing by this Commission was held on August 10, 1988 at the time and place specified in the notice of public hearing; and At said hearing, this Commission heard and considered all oral and written protests, objections and evidence presented or filed, and all persons were given an opportunity to be heard in respect to any matter relating to said application and report. NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED that: Section 1. It is hereby certified that the Commission has reviewed and considered the Final Environmental Impact Report (FEIR) prepared by the County acting as Lead Agency, pursuant to the California Environmental Quality Act, for environmental review of the subject project. Section 2. The Commission hereby finds that mitigation measures specified in the FEIR, other than those implemented herein, are within the responsibility and jurisdiction of agencies other than this Commission. Section 3. The Commission hereby finds that its determination of this proposal is in compliance with the mitigation measures that are within the Commission's responsibility and jurisdiction. Section 4. The Statement of Determinations, as set forth in attached Exhibit "B" with respect to factors specified by Government Code Section 56425 regarding SOl determinations is hereby adopted. Section 5. The joint SOl boundary of CCCSD and MVSD is hereby amended to include affected territory within the CCCSD SOl and to delete it from the MVSD SOl. The joint CCCSD and MVSD SOl boundary as amended herein is shown on the map attached as Exhibit "C." Resolution LAFC -18 PAGE 10 of 13 PAGES 2 Section 6. The proposal is assigned the designation of "Acme Transfer Station Annexation No. 103 to central Contra Costa Sanitary District (LAFC 88-18)" and the affected territory is legally uninhabited. Section 7. The proposed annexation is hereby approved subject to conditions that 1) the boundary of affected territory shall be as set forth in attached Exhibit "A", and 2) said territory shall be subject to CCCSD ordinances, rules, regulations, bonded indebtedness and contractual obligations. Section 8. Pursuant to Government Code Section 56029 (b), the Sanitary Board of CCCSD is hereby designated as the conducting authority; pursuant to Government Code Section 57000, said Sanitary Board is hereby directed to initiate proceedings for the proposed annexation in compliance with this resolution; and pursuant to Government Code Section 56837, said Sanitary Board is hereby authorized to conduct such proceedings without notice and hearing. Section 9. The Executive Officer is hereby directed to mail certified copies of this resolution in the manner and as provided in Section 56853 of. the Government Code. PASSED AND ADOPTED on August 10, 1988 by the following vote: AYES: Commissioners Harmon, Longshore, Schroder, Torlakson and Rainey NOES: None I hereby certify that the foregoing is a true and correct copy of a resolution passed and adopted by said Commission on the date aforesaid. Dewey E. Mansfield Executive Officer C)':2= staff Analyst By: DEM:JJM:ap Attachments Distribution: Roger Dolan, General Manager; CCCSD Jay ~y, Construction Division Manager; CCCSD Bill Gregory, Real Property Specialist; CCCSD David R. Contreras, District Superintendent; MVSD Randolph Leptien, District Engineer; MVSD Larry Calvird, Supervising Draftsman; County Assessor's Office Boyd M. Olney, Jr., President; Acme Fill Corp. Tom Reilly, Director of Operations; Acme Fill Corp. James Pezzaglia; Gordon, DeFraga, Watrous & Pezzaglia __________~_~'__~_N_.__.'_.",._.._____~___.__'_____'__.__."""'__"~'.__'_"'_'~.__'_' ___m.__...____..___~_._,,__._..__,,_._____~_._____.._____.------- PAGE 11 of 13 PAGES local Agency Formation Commission Contra Costa County, California Approved Description Date: 8-10-1988 By: tI..(;.C. (LAFC 88-18) 31-89 ACME TRANSFER STATION ANNEXATION NO. 103 TO CENTRAL CONTRA COSTA SANITARY DISTRICT EXHIBIT A A parcel of land in the County of Contra Costa, State of California, described as follows: Beginning at the most northerly corner of lot 21 as designated on the map entitled "Vine Hill Manor" filed April 3, 1953, in Volume 50 of Maps, Page 14, in the Office of the County Recorder of Contra Costa County; thence from said point of beginning North 56016100" East, along the prolongation of the north- westerly line of said subdivision, 300 feet, more or less, to the westerly boundary of the Central Contra Costa Sanitary District; thence along said boundary South 42015100" East, 1,266 feet, more or less, to the northwesterly line of Parcel 1 as described in the deed to Contra Costa County Water Distric~ recorded August 13, 1976, in Volume 7977, Page 275, Official Records of Contra Costa County; thence along said northwesterly line and its prolongation south- westerly, South 82034'53" West, 541 feet, more or less, to a point on the easterly line of the aforementioned "Vine Hill Manor;" thence along said easterly line, North 33050125" West, 189.7 feet, and North 33052136" West, 822.57 feet, to the point of beginning. Containing an area of 9.94 acres, more or less. PAGE 12 of 13 PAGES EXHIBIT "B" STATEMENT OF DETERMINATIONS WITH RESPECT TO FACTORS SPECIFIED BY GOVERNMENT CODE SECTION 56425 REGARDING SPHERE OF INFLUENCE (SOl) REVIEW AND UPDATE FOR CENTRAL CONTRA COSTA SANITARY DISTRICT (CCCSD) AND MT. VIEW SANITARY DISTRICT (MVSD) AS DETERMINED IN CONJUNCTION WITH APPROVAL OF "ACME TRANSFER STATION ANNEXATION NO. 103 TO CENTRAL CONTRA COSTA SANITARY DISTRICT (LAFC 88-18)" This Commission has reviewed and considered the Executive Officer Report dated August 10, 1988 regarding "Acme Transfer Station Annexation No. 103 to Central Contra Costa Sanitary District (LAFC 88-18) And Concurrent Review And Update Of The Joint Sphere Of Influence (SOl) Boundary Of Said District (CCCSD) And Mt. View Sanitary District (MVSD)." Said report and its enclosures contain information substantiating these determinations and are incorporated herein as though set forth at length. Factors specified by Government Code Section 56425 and determinations for each are as follows: FaG:tor 1: Factor 2: Factor 3: Factor 4: DEM: ap The present and planned land uses in the area, including agricultural and open-space lands. Determination: Tne County General Plan has been amended and a Land Use Permit has been approved to allow construction and operation of a waste recovery and transfer station. The present and probable need for public facilities and services in the area. Determination: Present and probable need for public facilities and services in the area are comprehensively addressed in the Executive Officer Report and its enclosures incorporated herein as though set forth in length. The present capacity of public facilities and adequacy of public services which the agency provides or is authorized to provide. Determination: This factor, too, is comprehen- sively addressed in the Executive Officer Report and its enclosures incorporated herein as though set forth at length. The existence of any social or economic communi- ties of interest in the area if the Commission determines that they are relevant to the agency. Determination: Affected territory shares a community of interest for sewage disposal service with adjacent property, under the same ownership, that will be part of same project for construct- ing and operating a waste recovery and transfer station. '." ATTACHMENT 2 PAGE 13 of 13 PAGES FACTORS REQUIRED BY GOVERNMENT - CODE 56841 WHIOf WERE roNSlDEREO BY lAFCO (a) Population. population density; land area and land use; per capita assessed valuation; topography. natural boundaries, and drainage basins; proximity to other populated areas; the likelihood of significant growth in the area. and in adjacent incorporated and unicorporated areas, during the ne~ 10 years. (b) Need for organized community services; the present cost and adequacy of governnental services and control s in the area; probable future needs for those services and controls; probable effect of the proposed incorporation. formation, annexation, or exclusion and of alternative courses of action on the cost and adequacy of services and controls in the area and adjacent areas. "Services," as used in this subdivision, refers to governmental services whether or not the services are services which woul d be provided by local agencies subject to this division, and includes the public facilities necessary to provide those services. ) (c) The effect of- the proposed action and of alternative actions, on adjacent areas, on mutual social and economic interests, and on the local governmental structure of the county. (d) The conformity of both the proposal and its anticipated effects with both the adopted commission policies on providing planned. orderly, efficient patterns of urban development, and the policies and priorities set forth in Government CoCle Section 56377. (e) The effect of the proposal on maintaining the physical a,nd economic integrity of agricultural lands, as defined by Government Code Section 56016. (f) The definiteness and certainty of the boundaries of the territory, the nonconformance of proposed boundaries with lines of assessment or ownership, the creation of islands or corridors of unicorporated territory, and other similar matters affecting the proposed boundaries. (g) Consistency with city or county general and specific plans. (h) The sphere of influence of any local agency which may be applicable to the proposal being reviewed. (i) The comments of any affected local agency. '\ ) . Central ~ontra Costa Sanitary ..,istrict BOARD OF DIRECTORS PAGE 1 OF 11 POSITION PAPER BOARD MEETING OF October 6, 1988 NO. IX. PERSONNEL 1 SUBJECT DATE Se tember 30, 1988 TYPE OF ACTION RECEIVE AND ADOPT SALARY SURVEY RESULTS K)()IFYING SALARY RANGES FOR SIX POSITIONS PERSONNa SUBMITTED BY INITIATING DEPT./DIV. Paul Morsen, De General Mana r Administrative De t./Personnel ISSUE: In accordance with a side letter to the 1988-1991 Memorandum of Under- tandi ng Between the Central Contra Costa Sani tary Di stri ct and Central Contra Costa Sanitary District Employees' Association, Public Employees' local No. One, the Di stri ct hi red a consul tant to conduct a salary survey of 12 pos1ti ons and make recommendations to the Board of Directors. (See attachment I) The survey has been conducted and the resul ts are presented for your rev i ew and consi derati on. (Attachment II) BACKGROUND: Nancy Nittler, Senior Consultant, Ralph Andersen and Associates, was retained to perform a salary survey, select comparable agencies and make salary recommendations based on her findings to the Board of Directors. The survey was performed on the following District positions: Secreta ry I Secreta ry I I Secreta ry I I I Accounting Technician I Accounting Technician II Accountant Materials Coordinator I Materials Coordinator II Training and Resources Technician landscape Specialist Maintenance Office Coordinator I Maintenance Office Coordinator II As a result of her survey, Ms. Nittler is recommending salary increases for four of the twelve positions. These positions include: Present RecOlllRended Recommended Position Range Range Increase landscape Specialist G-49 $1905-$2301 G-54 $2141-$2593 12.5% Accountant G-60 $2470-$2989 G-62 $2593-$3136 5.0% Mtce. Office Coordinator I G-45 $1736-$2093 G-47 $1820-$2192 5.0% Mtce. Office Coordinator II G-49 $1905-$2301 G-51 $1998-$2413 5.0% Two classifications in which incumbents are not presently employed are recommended REVIEWED AND RECOMMENDED FOR BOARD ACTION CRF ~ SUBJECT POSITION PAPER RECEIVE AND ADOPT SALARY SURVEY RESlI.. TS 2 PAGE OF D'S'"~ptember 30, 1988 11 Position Present Range Recontended Range Reconaended Decrease Materials Coordinator I Accounting Technician I G-49 $1905-$2301 G-49 $1905-$2301 G-48 $1861-$2248 G-48 $1861-$2248 2.5% 2.5% No change in salary is recommended for the secretarial series, Accounting Technician II, Materials Coordinator II, or the Training and Resources Technician. Attached is a copy of Ms. Nittler's recommendations and the justification for each acti on. The recommendations have been provided to Local No. One and the affected employees. Local One has accepted the results of the survey and the recommendations. According to our side letter with Local One, the actions are effective retroactive to May 1, 1988. The Personnel Committee met on September 27, 1988, and reviewed these actions. RECOtlENDATION: It is recommended that the Board receive the sal ary survey and adopt the recommendati ons of Ral ph Andersen, effective May 1, 1988. In order to adopt the survey results, the following actions should be taken. 1.) Delete one Landscape Specialist, &-49, $1905-$2301, and add one Landscape Specialist, &-54, $2141-$2593. 2.) Delete one Accountant, &-60, $2470-$2989, and add one Accountant, &-62, $2593-$3136. 3.) Delete one Maintenance Office Coordinator I, G-45, $1736-$2093, and II, G-49, $1905-$2301, and add one Maintenance Office Coordinator I, &-47, $1820-$219.2, and II, G-51, $1998-$2413. 4.) Delete one Materials Coordinator I, G-49, $1905-$2301, and add one Materials Coordinator I, &-48, $1861-$2248. 5.) Delete one Accounting Technician I, G-49, $1905-$2301, and add one Accounting Technician I, G-48, $1861-$2248. --------- 13028.9/85 Attachment I Central Contra Costa Sanitary District 50191mhofJ Place, Martinez, eo.liJomla 94553 (415) 6B9-3B90 May 9, 1988 ROGER J. DOUoN ~nrrQl Manaler Chi~f En,ln<<r JAMES L HAZARD Counsel for rhr District (4/ S) 93'./430 JOYCE E. McM/LUoN S<<r~fGry of fh~ DlstriCf Mr. David Platt Assistant General Manager Public Employees Union Local No.1 P. O. Box 222 Martinez, CA 94553 .// Dear Mr. Platt: Sideletter to Memorandum of Understanding, effective May 1, 1988 - Apri 01 30, 1991 Re: Sal ary Survey In response to the Union proposal for a salary study of nine.pos1tions, the District agrees to a study under the following conditions: 1) The District will hire a consultant to perform a salary survey, select comparable agencies and make recommendations to the District Board of Directors on the positions of: o Secretary II - 652 o Secretary III - 655 o Account Tech II - 655 o Accountant - G62 o Materials Coordinator II - 655 o Maintenance Office Coordinator II - 652 o Training & Resources Tech - G62 o Landscape Specialist - 659 The position of Supervising Secretary has been deleted since the position is vacant. 2) The results of the survey will be retroactive to May 1, 1988. It is our intent to hire a consultant as soon as possible, provide direction and present the consultant's recommendations to the Board in late June or early July, 1988. Mr. D. Platt -2- May 9, 1988 3) There will be no appeal by the Union or its members of the study, its results or the Board action based on the consultant's recommendati ons during the life of the contract. However, shoul d the duties of a position significantly change between May 1, 1988 and April 30, 1991 to warrant a request for employee reel assificati on, the affected employee may utilize the procedure for Employee Recl ass1fication Requests in the Memorandum of Understanding. If you have any questions, please do not hesitate to contact me. 5i ncerely, Jb Deputy General Manager /" kJ/~ Agreed: David Platt Assistant General Manager ,: ATTACHMENT II (~ . Ralph Andersen & Associates 1446 Ethan Way Suite 101 Sacramento. CA 95825 (916) 929-5575 3860 West Northwest HIghway SUite 230 Dallas. TX 75220 (214) 956.7097 August 11. 1988 TO: Mr. Paul Morsen Central Contra Costa Sanitary District Nancy Hitt ler Ralph Andersen & Associates Compensation Recommendations for Selected Represented Classes FROM: SUBJECT: This memo presents our findings and recommendations relative to the compensation analysis for several represented classifications. STUDY SCOPE AND PROCESS Ralph Andersen & Associates was retained by the Central Contra Costa Sanitary District to conduct a compensation survey and analysis of several classifications. The District agreed to study the following classifications as a result of a request from employee labor repre- sentatives: . Accountant . Accounting Technician II . Accounting Technician I . Secretary II I . Secretary I I . Secretary I . Maintenance Office Coordinator II . Maintenance Office Coordinator I . Materials Coordinator II . Materials Coordinator I . Landscape Specialist . Training and Resource Technician. The compensation study for each of the above classifications included a labor market salary survey. The selection criteria used in Choosing the sample labor market included the factors of employer size. geographic proximity. nature of services provided and histori- cal survey practices. Based upon these criteria a total of 13 agen- cies were selected which included the following 6 utility districts. 2 special districts. 2 counties and 3 cities: . . ;; Mr. Paul Morsen Central Contra Costa Sanitary District Page Two . Alameda County Water District . Contra Costa Water District . East Bay Municipal Utility District . Sacramento Municipal Utility District . Sacramento Regional County Sanitation District . Union Sanitation District . Bay Area Rapid Transit District · East Bay Regional Park District . Alameda County . Contra Costa County . City of Concord . City of San Jose . City of Walnut Creek A lthough private sector compensat ion data was a consi derat ion in developing the list of survey agencies, private sector data was not included for the following reasons: . Private sector compensation plans and structure differ greatly from the public sector making cC>q)ensation co~arisons diffi- cult . Obtaining information directly from private coq>anies is dif- ficult and data found in purChased surveys is often not reli- able . Establishing the comparability of classifications is difficult as the structure and assignments of positions vary based upon different service structures, further complicated because many of the classifications utilized by the District are unique. The results of the labor market survey and subsequent co~ensation recommendations are presented in the following section. FINDINGS AID RECOMMENDATIONS The recomnendations presented below are arranged according to job family and illustrate the current monthly top step salary, the recommended monthly top step salary and the rationale for the recom- mendation. .. .. : Mr. Paul Morsen Central Contra Costa Sanitary District Page Three Accountant Current Monthly Salary: 2989 (Range' G60) Recommended Monthly Salary: 3136 (Range' G62) The salary recommendation for this professional accounting classifi- cation is based upon a market survey result of $3,165. Accounti~ Technician II Current nthly Salary: 2470 (Range' G52) Recommended Monthly Salary: 2470 (Range I G52) Tne recomended salary for this technical accounting classification is based upon a market survey result of $2,306 for technical work in one of the accounting areas such as accounts payable, accounts receivable or billing. Because the District's intent for each of the Accounting Technician positions to be skilled and to work in all of the accounting areas, we recorrunend retaining the current salary which places the District approximately 61 above the market. Accounting Technician I Current Monthly Salary: 2301 (Range' G49) Recomended Monthly Salary: 2248 (Range' G48) The recommended salary for the entry level technical accounting classification is based upon a standard differential of 101 between the journey and entry level classifications within a series. This standard differential represents the skill level differences between the trainee and journey level classifications and results in a slight salary decrease. Because the class is not currently filled, there will be no impact on current employees. secretar~II Current th1y Salary: 2470 (Range' G52) Recommended Monthly Salary: 2470 (Range I G52) The reconmended salary for this advanced journey level secretarial classification is based upon a market survey result of $2,501 which demonstrates the District's current competitive position to the sec- retarial market. Secretar~ II Current onth1y Salary: 2301 (Range' G49) Recommended Monthly Salary: 2301 (Range I G49) Mr. Paul Morsen Central Contra Costa Sanitary District Page Four The recommended salary for this journey level secretarial classifi- cation is based upon a differential of 7.51 which reflects the addi- tional skills required of the Secretary III level class. A 101 dif- ferential is not recommended because the increase in responsibility and skill level between the Secretary II and the Secretary III is not as great as between an entry or training level class and full journey level class. SecretarL! Current MOnthly Salary: 2093 (Range' G4S) Recommended Monthly Salary: 2093 (Range' G45) The recommended salary for this entry level secretarial classifica- tion is based upon a standard differential of 101 between the jour- ney and entry or training level classifications within a series. This is a change from the District's current 7.51 differential which does not fully account for the skill level differences between the trainee and the journey level classifications. Because of the unique nature of this class there were no market com- parab les and the internal salary relationships prevail. The recom- mended salary for this special ized classification is based upon an internal salary relationship to other District technical classes whiCh are payed at range 660. Maintenance Office Coordinator II Current Monthly Salary: 2301 (Range' 649) Recommended Monthly Salary: 2413 (Range' 651) Because of the unique nature of this class there were no market com- parables and the internal salary relationships prevail. The recom- mended salary for this specialized classification is based upon an internal salary relationship of 51 above the Secretary II classifi- cation. This relationship reflects the additional technical compu- ter related skills required of the Maintenance Office Coordinator in operating multiple complex canputer programs including the Plant Operations Maintenance Program. . . Mr. Paul Morsen Central Contra Costa Sanitary District Page Five Maintenance Office Coordinator I Current Monthly Salary: 2093 (Range' G45) Recommended Monthly Salary: 2192 (Range' G47) Tne recommended salary for this entry level classification is based upon a standard differential of 10% between the journey and entry or training level classifications within a series. Materials Coordinator II Current Monthly 5alary: 2470 (Range I G52) Recommended Monthly Salary: 2470 (Range' G52) The recommended salary for this stores and inventory classification ;s based upon a market survey result of $2.345 for storekeeping classifications. Because the District's position is responsible for the maintenance of automated inventory and receiving records and has responsibility for multiple stores locations. we recommend retaining the current salary which places the District approximately 51 above the market. Materials Coordinator I Current Monthly 5alary: 2301 (Range' G49) Recommended Monthly Salary: 2248 (Range' G48) The recommended salary for the entry stores and inventory classifi- cation is based upon a standard differential of 101 between the journey and entry level classifications within a series. This standard differential represents the skill level differences between the trainee and journey classifications and results in a slight sal- ary decrease. Because the class is not currently filled. there will be no impact on current employees. landsc~e ~ecialist Curren Mon hly 5alary: 2301 (Range' G49) Recommended Monthly Salary: 2593 (Range' G54) Because of the unique nature of this claSSification. there were no canparab1e positions in the market. however. market .data was col- lected for a journey level skilled Gardener classification which resulted in a market value of $2.338. The recommended salary repre- sents 101 above the market value of the Gardener which represents a standard differential used for a lead position over a field crew. This relationship 1s further justified by the additional skills required of the landscape SpeCialist as the District has increased the amount and difficulty of the landscaped areas thus requiring the incumbent to lead a crew of part-time seasonal help and occasionally other District staff. Mr. Paul Morsen Central Contra Costa Sanitary District Page Six SlMtAR Y The salary reconmendations as described above represent a balance between the market survey results and internal salary relationship analysis and would result in a co~etitive position to the labor market. Of the 18 individuals falling within the scope of the study, 4 incumbents would receive a salary increase, 2 would receive a slight decrease in standing and 14 would not be impacted based upon i~lementation of the salary reconmendations. ~ u .. ~ lit Cl ~ .. C ~ . 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"'O""N ~ ~R; OOOON - - ~O; ------------- ~1e~~flec;""~~Ie~ ......NII\ .......2...........N ""NNN NN/IiINNNN ------------- ~~,~~~~~:;:;~~, ------------- ~1e~~~Ie!~I~Ie~ ~~~lC~~N2ION~~ ------------- 1~C;-!~C;""C;""~c; ..",,!i ..""g""g",,,,, NN~ NNNNNNN ------------- i - - u ~ l; i i i - ! l!__ i i .. 8 ~ ~ ~ ~ iiii ~~ii ~~K-- 0011 ......#l---..uu !~~I!tttll~~ i i i J ] t t tee ~ ~ uuuS.lI!~~--"" Ji!Ji!Ji!oJ~Mlltflt"'= ------------- . Centr~ Contra Costa Sanitar) .Jistrict BOARD OF DIRECTORS PAGE 1 OF 2 POSITION PAPER BOARD MEETING OF Octobe r 6, 1988 NO. x. SOLI D WASTE 1 SUBJECT RECEIVE PRESENTATION OF A RECYClING PLAN PROPOSED BY VALLEY WASTE MANAGEMENT FOR FRANa-lISE ZONES 2, 4 AND 5 DATE September 28, 1988 TYPE OF ACTION RECEIVE PROPOSED PLAN SUBMITTED BY INITIATING DEPT/DIV. Paul Morsen, Deputy General Manager Adm ini strative ISSUE: At the request of the Board of Directors, Valley Waste Management has prepared a recycling plan under the direction of the Regional Recycling Advisory Committee which is being submitted for Board consideration. BACKGROUND: The County's Draft Revision of the Solid Waste Management Plan requires all cities within Contra Costa County to implement recycling programs to reduce wastestream vol ume and thereby increase the 1 ife of County 1 andf ill s. As the franchiser for refuse collection for four cities and the unincorporated areas in central county, the Central Contra Costa Sanitary District has taken a coordinating role in developing a recycling program throughout its franchise area. A provision in the franchise agreements between the franchised refuse collectors and the District requires the collectors to submit a recycling plan for their service areas upon the request of the District. Last year, the District coordinated the formation of the Regional Recycling Advisory Committee (Committee) to study recycling alternatives within the areas in which we franchise refuse collection. Committee membership incl udes two District Board members and a representative from each of the citi es and uni ncorporated areas. Ex-officio Committee members include the refuse collectors, a County representative, and District staff. Working under the direction of the Committee, each of the three franchised refuse collection firms has proceeded to prepare proposals for pilot recycling plans which are in varying stages of development. The recycling plan proposed by Valley Waste Management was submitted to the Committee on September 20, 1988. Proposed Recyc1 ing Plan Valley Waste Management proposes a recycl ing pl an which provides for curbside collection of the following recyclable items: aluminum cans; glass bottles; plastic soft drink bottl es; and newspapers. Conj unctively, the pl an proposes that the present backyard refuse collection service be converted to an automated curbside collection service. The expense reductions produced by conversion of refuse collection to an automated system are intended to be applied to the net expense of the curbside recycl ing program; as a resul t, the monthly refuse collection rates would be unchanged. The proposal includes a fundamental change to the method used in setting refuse collection rates from one based on a financial review to one where automatic rate adjustments are made based on a price escalator, such as the Consumer Price Index. REVIEWED AND RECOMMENDED FOR BOARD ACT/ON SUBJECT POSITION PAPER RECEIVE PRESENTATION OF A RECYClING PLAN PROPOSED BY VALLEY WASTE MANAGEMENT FOR FRANQnSE ZONES 2, 4 AND 5 PAGE 2 DATE September 28, 1988 OF 2 Weekly curbside collection of recyclables would be on the same day as regular refuse collection. Each home would receive a set of three plastic containers: one for newspapers; the second for gl ass bottl es; and the th i rd for al uminum cans and plastic soft drink bottles. Each home would also be provided with a 60 or 100-gallon refuse container on wheels which would be picked up at the curb by a truck with an automated hoisting arm. The recycling program would be phased in over a nine-month period. During the first three months, pilot areas of 1200 homes in Alamo, the Town of Danville and the City of Lafayette would receive weekly curbside recycling. Concurrently, 165 homes in each pilot area would be provided both automated collection and curbside recycling. This feature of the program would demonstrate how the two systems work together and gauge customer acceptance of the automated service. After the initial three-month period, the program would be expanded throughout the three zones of the Valley Waste Management service area over the next six months. Staff Comments and Recommendations The lack of a new in-County landfill coupled with the imminent need to export refuse to out-of-County landfills make it imperative that recycl ing efforts be pursued. Recycl ing can mitigate the sol id waste disposal problem by removing items from the wastestream, thus conserv ing 1 imited 1 andf ill space and decreasi ng the amount of exported refuse. To-date, the most effective recycl ing programs nati onw ide have been based on curbside recycling. It is District staff's recommendation that the Board of Directors hold a public hearing on the proposed Valley Waste Management recycling plan to receive comments from the public and the affected cities and unincorporated areas on November 3, 1988. Prior to the hearing, the Board will have received written comments from the Town of Danville, City of Lafayette and the Alamo Improvement Association on the proposed recycling plan. District staff would not recommend the total replacement of the current rate-setting procedures under which collection rates are establ ished using an allowable margin of profit by a procedure which provides automatic rate increases based on a price index. Financial information submitted on prescribed formats which indicate the level of profitabil ity of the franchisee is essential to a soundly conceived rate-setti ng system. It is recommended that Di strict staff pursue th is matter under the guidance of the Sol id Waste Committee. After meeting with Valley Waste Management, staff woul d present recommended ch anges, if any, to the rate-setti ng procedures provided for in the franchise agreement at the November 3, 1988 publiC hearing. RECOMMENDATION: Receive the presentation of the recycling plan proposed by Valley Waste Management, and set a publ ic hearing date of November 3, 1988 to receive publ ic comment; and direct staff to meet with Valley Waste Management to review the requested change to the District's rate-setting procedures. 13028-9/85 . CentriL. Contra Costa Sanitar) District BOARD OF DIRECTORS PAGE 1 OF 14 POSITION PAPER BOARD MEETING OF October 6, 1988 NO. x. SOLID WASTE 2 SUBJECT AUTHORIZE GENERAL MANAGER-a-tIEF ENGINEER TO ENTER INTO A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH HDR ENGINEERING, INC. FOR FEASIBILITY STUDY OF A TRANSFER STATION DATE Se tember 30, 1988 TYPE OF ACTION AUTHORIZE JlGREEMENT SUBMITTED BY Lynne I. Bunker Associate Engineer INITIATING DEPTJDIV. Engineering Department/ Planning Division ISSUE: The Board of Directors' authorization is required for the General Manager-Chief Engi neer to enter into a professional engi neeri ng services agreement for $50,000 or more. BAO<GROUND: A transfer stati on wil 1 be needed for out-of-county export of CCCSD's franchi sed solid waste after Acme Fill closes. While Acme Fill has proposed an interim and permanent transfer station, it has encountered difficulty in obtaining all the necessary permits for its interim transfer station. Also, representatives of Acme Fill have stated that Acme Fill will require a long-term wastestream commitment for its permanent transfer station. At its August 11, 1988, workshop, the Board of Directors directed staff to develop a project description for a transfer station on District property. The feasibility study will investigate the size and layout of the facilities needed for CCCSD's franchised area and for all of Central County sol i d waste. The proj ect will constitute a first step in the development of a backup or alternative option to Acme Fill's interim and long-term transfer station and will provide for future Board decisions at key project milestones. On August 25, 1988, the General Manager-Chief Engineer advised that, pursuant to the Board's request, staff was soliciting proposals for the preparation of a project description for a possible transfer station on Parcel "C" (see map - Attachment 1). Proposals from HDR Engineering, Inc.; Black and Veatch; Brian, Kangas, Foulk; and South Coast Environmental were received September 6, 1988. After District staff reviewed all the proposals, HDR Engineering, Inc. was the preferred candidate based on their project team qualifications, extensive experience in transfer station planning and design, and approach to the project. Board authorizati on woul d be requi red for the General Manager-Chief Engi neer to enter into a professional engineering services agreement with HDR Engineering, Inc. to prepare a feasibility study and project description at a cost not to exceed $50,000. This amount would be funded through the O&M Technical Services Account (076) for the Planning Division. This expenditure was not budgeted so the 076 REVIEWED AND RECOMMENDED FOR BOARD ACTION INITIATING DEPTJDIV. ~ HSM f)1Jfl JMK RAB SUBJECT POSITION PAPER AUTHORIZE GENERAL MANAGER-a-tIEF ENGINEER TO ENTER INTO A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH HDR ENGINEERING, INC. FOR FEASIBILITY STUDY OF A TRANSFER STATION PAGE 2 OF 14 DATE September 30, 1988 account would incur an overrun. The District would recover the expenditure over the next th ree years th rough franchi se fees. The purpose of the franchi se fee is to recover the cost of admi ni steri ng the franchi see Staff recommends that the Board make a finding that investigating the feasibility of a transfer station be considered an essential part of franchise administration. Two recent actions of the Board of Supervisors will have an impact on any future transfer station which the District might consider. First, the county is scheduled to adopt Ordinance 88- (Attachment 2) at their meeting of October 4, 1988. This ordinance would require rate regulation by the County of any future transfer station whether it is publicly or privately owned. The one exception is the Acme Interim Transfer Station. District staff's comments are presented in Attachment 3. The second item is the approval of the draft amendment to the County Solid Waste Management Pl an (CoSWMP). Attachment 4 is a letter from Solid Waste Commi ssi on Chair Avon Wilson responding to our request that Parcel C be included in the CoSWMP. The actual draft does not specify Parcel C but generally refers to an alternative site in the northern part of the County. District staff is also preparing a letter (Attachment 5) to the Board of Supervisors requesting specific inclusion of Parcel C. Staff will bri ef the Board on the Supervi sor' s acti on at the Di stri ct Board meeting of October 6, 1988. RECOMMENDATION: Review recent developments and determine if continuation of this effort is in the interest of the District's public. If the Board concludes that it is, authorize the General Manager-Chief Engineer to enter into a professional engineering services agreement with HDR Engineering, Inc. for the preparation of a feasibility study and project description for a transfer station. Adopt findings that investigating the feasibility of a transfer station is an essential part of franchise administration. 13028-9/85 " .I / / ' , I ! I t I . I 'iiJ I ' -d ' ' I jC~ y ~ I! i ;Y , ~ ' j [______- =- ~ ~~{ilo~II~2 ==-- ~I ~ I 1- ~i j ~~. m, ~ r;:;~:" II ~, '..'~ ' ~~ i I f';~:::;:',"" Cont', . ~~~~~ ~ l' 1 4 {~~~~d /' -".'-.~ I' \ I .~ . -'~ ,I -'---. .I ,,,,,:=:,-:,1. \ .~. / . '.'. . ~'~j . \. 0 r ] "--..........~ ~_.~ lL_~ ATTACHMENT 1 Page 3 of 5 .r Holdml] B<lSln "A" North r;:= - ~ I Filler Plant Clearwell o HOlding BaSin "A SOUtt1 FInal SedlfT'enlatlol1 Tanks ' Sludge HlICI<.eners cent""~ ThlckenPI ~ SI',Ieae I Conlroi , Bldg Ware.,::,>-- ~ ----- ---........... / ~/ ~.' ,j, ~I.," 1" ,'1"10' !; I , ~ 1\ ;/ r Page 4 of 5 ATTACHMENT 2 ORDINANCE NO. 88- (Solid Waste Disposal Facility and Transfer Station Agreements) The Contra Costa County Board of supervisors ordains as follows (omitting the parenthetical footnotes from the official text o( the enacted or amended provisions of the county Ordinance C~de): SECTION I. SUMMARY. Chapter 418-5 is added to the County Ordinance Code to require a franchise from, or contract with the County for the operation of a solid waste disposal facility or a transfer/processing station. SECTION II. Chapter 418-5 is added to the County Ordinance Code, to read: Chapter 418-5 FRANCHISES FOR SOLID WASTE FACILITIES Article 418-5.2 General 418-5.202 Authority. This chapter is enacted, in part, pursuant to the authority granted by Health and Safety Code SS 4200 et seq., Government Code S 66757 and the Constitution of the State of California. (Ord. 88- S 2.) 418-5.204 Other laws and requlations. Compliance with this chapter does not waive or excuse compliance with all other applicable provisions of this code, county ordinances and state or federal laws and regulations. (Ord. 88- S 2.) Article 418-5.4 Definitions 418-5.402 General. As used in this chapter, the following words shall have the meanings set forth in this article. (Ord. 88- S 2.) 418-5.404 Solid waste. "Solid Waste" means all putrescible and nonputrescible solid, semi-solid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes. (Ord. 88- S 2.) 418-5.406 Solid waste dis~osal facility. "Solid waste disposal facility" means a pub11c or private facility, site or location where the final disposal of solid waste occurs. (Ord. 88- S 2.) 418-5.408 Solid waste facilit~. "Solid waste facility" includes a solid waste disposal fac1lity and a solid waste transfer/processing station. (Ord. 88- S 2.) (page 1 of 3) 418-5.410 Transfer/orocessina station. "Transfer/processing station" includes those facilities utilized to receive solid wastes, temporarily store, separate, convert, or otherwise process the materials in the solid wastes, or to transfer the solid wastes directly from smaller to larger vehicles for transport. "Transfer/ processing station" or "station" does not include any of the following: (a) A facility, whose principal function is to receive, store, separate, convert, or otherwise process in accordance with state minimum standards, manure. (b) A facility, whose principal function is to receive, store, convert, or otherwise process wastes which have already been separated for reuse and are not intended for disposal. (c) The operations premises of a duly licensed solid waste handling operator who receives, stores, transfers, or otherwise processes wastes as an activity incidental to the conduct of a refuse collection and disposal business in accordance with land use approvals and health regulations. Pursuant to this subsection, no storing of more than 90 cubic yards of wastes in covered containers may be made during any 72-hour period on the involved premises and no transfers maybe made of uncontainerized refuse from smaller refuse hauling motor vehicles to larger refuse transfer motor vehicles for transport to the point of ultimate disposal. (Ord. 88- 52; see Govt. C. 5 66723.) Article 418-5.6 Franchise or Contract 418-5.602 Reauirement. Except as set forth herein in article 418-5.8, no person, partnership, firm, corporation or public entity shall establish, operate or carry on the business of a solid waste facility in the unincorporated area of this county unless, at the county's sole option, either (1) a nonexclusive franchise has been granted therefor by the board in accordance with the provisions of Health and Safety Code section 4200 et seq. or (2) the board has entered into an eeR~Eae~-eE agreement with such partnership, firm, corporation or public entity to establish, operate or carry on the business of a solid waste facility. peE-~ae-p~Epe8e8-ei-~a'8 see~!eRT_aR_a'Eee.eR~-iRe~~&eS-a-&eve~ep.eR~-a'EeeaeR~-eR~eEe& p~~s~aR~_~e_AE~'e~e-;yS-tS-'S8'4-e'-se.yt-ei-~ae-SeVeERaeR~-Se&ey (Ord. 88- 5 2; see Govt. C. 566757.) 418-5.604 Aareement content. Any franchiseT-8eR~Eae~ or agreement approved pursuant to this article shall, among other things, contain rules and regulations for the protection of the public health, safety and welfare and provide that the board may review, approve and control the rates to be charged customers by the solid waste facility's owners and operators. (Ord. 88- 5 2.) Article 418-5.8 Exceotions 418-5.802 Exceotion. Article 418-5.6 shall not apply to any solid waste disposal facility currently operating under a valid land use permit issued by the board prior to August 31, 1988, or to any interim transfer/processing station currently approved for operation pursuant to a land use permit issued by the board prior to August 31, 1988. The exception provided by this section shall cease for any such issued permit upon its expiration, renewal or major modification. (Ord. 88- S 2.) ORDINANCE NO. 88- (page 2 of 3) Article 418-5.10 Violation 418-5.1002 Misdemeanor. Any person, firm, partnership, corporation or public entity which violates the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punishable in accordance with chapter 14-8. (Ord. 88 S 2.) . SECTION III. EFFECTIVE days after passage, and published once with the against it in the published in this County. DATE. This ordinance becomes effective 30 within 15 days of passage shall be names of the Supervisors voting for and , a newspaper , by the following vote: PASSED on AYES: NOES: ABSENT: ABSTAIN: ATTEST: Phil Batchelor, Clerk of the Board and County Administrator By Deputy Board Chair [SEAL] ORDINANCE NO. 88- (Page 3 of 3) ----.. ~.~ . TO: BOARD Of SUPERVISORS l.._..nty Counsel FRO!: Victor J. Westman, County Counsel Si.:P 2 11988 ~ lv1artinez, CA 94553 ~. Franchise or Agreement for Solid Waste Facilities Contra Costa County DATE: September 7, 1988 SUBJECT: Ordinance Requiring SPECIFIC REQUEST(S) ~ RECOMME~ATION(SI a BAC~~ ~ JUSTIFICATION RECOMMENDATION 1. Accept proposed ordinance prepared by the County Counsel which would require a franchise be obtained from (or in lieu thereof an equivalent agreement entered with) the County before any new solid waste disposal site facility or transfer station could be established in the unincorporated area. 2. Introduce ordinance, waive reading and fix September 20, 1988 as the date for further consideration of the ordinance and its possible adoption. FINANCIAL IMPACT None. Any County cost incurred in processing franchise or equivalent agreement applications could be recovered as part of any negotiated franchise or agreement arrangement. REASONS FOR RECOMMENDATION/BACKGROUND Earlier this year~ the County's Solid Waste Commission received copies of a Ventura County Ordinance (No. 37-88) that requires operators of proposed solid waste facilities to enter a non-exclusive franchise or, in lieu thereof, a contract with that County as a prerequisite to operating such facilities. The Contra Costa County Counsel sees legal merit in this County adopting an ordinance similar to Ventura's ordinance. The proposed ordinance (see attached) will provide additional authori ty for the Board's regulation of new landfill sites and transfer stations. In particular, the ordinance will enhance the County's authority to regulate tipping fees, generate funding for off-site solid waste education, related programs (e.g., inspection, etc.) and procedures for the use of collected fees. The proposed ordinance contains exemptions similar to Ventura's ordinance for the existing Richmond Sanitary, Martinez, ACME Fill and Garaventa Antioch solid waste operations and for any County approved short-term interim transfer stations. VJW/jh . ~ CONTINUED ON ATTAC_ENT: _ YES SIGNATURE: ~ ~~ J t1I"r ~ ___ RECOMMENDATION OF COUNTY ADMINISTRATOR ___ RECOMMENDATION OF BOARD COMMITTEE _ APPROVE _ OTHER SIGNATURE I S I: ACTION OF BOARD ON Septembpr 11 19RR APPROVED AS RECOMMENDED X OTHER x Also, DIRECTED that the ordinance be referred to the Solid Waste Commission for review. VOTE OF SUPERV I SORS _ UNANIMOUS (ASSE,," ) AYES: I, II, IV, V NOES'. ASSE,,": ABSTAIN: III I HEREBY CERTIFY THAT THIS IS A TRUE ~ C~RECT copy OF AN ACTION TAKEN AND E,,"ERED ON THE M I N.JTES OF TI-E BOARD OF SUPERVISORS ON THE DATE SHOWN. ATTEsTED~~k...t....Il:!, 19" PHIL BATCHELOR. CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR :C: Community Development Solid Waste Commission. via COD ~I_~ County Administrator 01382/7 -83 BY ~ t(~ , DEPUTY County Administration Building 651 Pine Street 4th Floor, North Wing Martinez, California 94653-0095 Contra Costa County ATTACHMENT 3 RICfEUYID SEP 2 6 1988 R-38F. Solid Waste Commission ~ ~ ~ CCCSD ~r"'''IlTARY OF TH~ n,~'''''' September 22, 1988 Susan McNulty Rainey, President Board of Directors Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553 Dear President Rainey: The Solid Waste Commission has reviewed your letter dated August 30, 1988, to the Board of Supervisors, requesting that the Kiewit parcel be identified as a potential transfer station site in the County Solid Waste Management Plan revis- ion. The commission, at its September 21, 1988, meeting recommended to staff that the proposed Central San transfer station be identified in the plan as a backup site if the Acme Fill transfer station is not approved. Commissioner BiLL Dalton, who represents your district on the commission, concurred in this recommendation. Since the Acme Fill transfer station will be included in the plan revision as an approved transfer station site, the commission did not want to identify another site for a second transfer station in the same vicinity. County staff informed us that the Solid Waste Management Plan revision will be scheduled for approval by the Board of Supervisors on October 4, 1988. County staff will include the proposed Central San transfer station as a backup site to the Acme Fill transfer station in the draft plan revision that will be presented to the Board. If you have any questions, please contact Dave Okita at 646-2071. I v Wilson, Chair Solid Waste Commission AWjjn 157 :mcnulty.1 tr -.-- LAND USE PERMIT 2122-86 CONDITIONS OF APPROVAL ACME FILL WASTE RECOVERY AND TRANSFER STATION Approved by the: Contra Costa County Board of Supervisors December 15, 1987 Page 6 Development Agreement with the County, would be carried out subsequent to annexation. .7 Rate Approval. The disposal rates charged by the Transfer Station operator shall be subject to the approval of the County if the County establishes a rate review program. 9. LOAD INSPECTION .1 Eligible Vehicles and Loads. The Transfer Station operator shall prepare and implement a program for screening loads at the Transfer Station gate house, and for checking loads at the transfer buildings. The load inspection program shall include inspection for hazardous wastes, and other ineligible wastes, and procedures for their handling and disposal. The program shall be approved by the County Community Development and Health Services Departments. .2 Refuse Characterization. Prior to receiving waste, the Transfer Station operator shall prepare and implement a program to characterize incoming refuse by type and amount, by performing periodic detailed load inspections according to a program approved by the County Community Development and Health Services Departments. 10. WASTE MEASUREMENT .1 Scales. The Transfer Station developer shall install scales at the facility to weigh incoming and outgoing vehicles. A weighing program, subject to approval by the County's Department of Health Services and Director of Weights and Measures, shall be implemented to monitor wastes. Waste transfer trucks and vans, franchis~ hauler vehicles, commercial account vehicles, and general public vehicles with three or more axles shall be weighed. Unless required by other age1ncies, general public personal vehicles and small trucks may be exempt~d from weighing requirements. ATTACHMENT 4 Central Contra Costa Sanitary District 50191mhoff Place, Martinez, California 94553 (415) 689-3890 September 30, 1988 ROGER J. DOLAN G~nerQl Manager ChleJ Englnee' JAMES L HAZARD Counsel Jo, the District (415) 938-/430 JOYCE E. McMILLAN Secretary oJ the District Contra Costa County Board of Supervisors 20 Allen Street Martinez, CA 94553 Ladies and Gentlemen: SOLID WASTE DISPOSAL FACILITY AND TRANSFER STATION PROPOSED ORDINANCE The proposed ordinance provides the County additional authority to regulate new landfill sites and transfer stations. The District strongly supports the the County in any efforts to regulate solid waste disposal and transfer rates from private businesses. The following comments on the proposed ordinance are offered for your consideration prior to the scheduled adoption on October 4, 1988. The proposed ordinance will provide the Board of Supervisors additional authority to regulate solid waste facilities, including strengthening the right to regulate tipping fees. However, the ordinance specifically excludes Acme's Interim Transfer Station. The ordinance should include the Interim Transfer Station because the public needs protection from the excessive rates that could result from an unregulated monopoly. It is 1 ikely that the Interim Transfer Stat; on will have to stay in operati on for longer than 18 months, thus maki ng the cost exposure to the publ ic significant. The ordinance requires franchise agreements with public agencies that operate solid waste facilities. The District feels that this requirement is unnecessary and unwise. Should a sanitary district, city, or Joint Powers Agency build and operate solid waste facilities, the regulation of this agency by the Board of Supervisors would be redundant. These other public agencies answer to the public individually, do not make profits, and set their rates according to legal requirements and the needs of the publ ic for service. Oupl icative public rate control by the Board of Supervisors would confuse the issue of which public board is really responsible for the operation of the solid waste facility. BOARD OF DIRECTORS PARKE L. BONEYSTEELE NELS E. CARLSON SUSAN McNUL TY RAINEY President JOHN B. CLAUSEN WILLIAM C. OAL TON Contra Costa County Page 2 September 30, 1988 The District requests the Board consider these comments and amend the proposed ordinance accordingly. Sincerely, f::::;:'::;?;U; ~ President, Board of Directors JMK:ae cc: Mr. Phil Batchelor Ms. Avon Wl1 son ATTACHMENT 5 Central Contra Costa Sanitary District 50191mhoff Place, Martinez, California 94553 (415) 689-3890 October 3, 1988 ROGER J. DOLAN Generdl Manager Chief Engineer JAMES L H,AZARD Counsel for the District (4/5) 938-1430 JOYCE E. McMILLAN Secretary of the District Board of Supervisors Contra Costa County 611 Pi ne Street Martinez, CA 94553 Ladies and Gentlemen: INQUSION OF lRANSFER STATION IN SOLID WASTE MANAGEMENT FtAN REVISION The Central Contra Costa Sanitary District (CCCSD) recently requested i ncl usion of a parcel of land owned by the District in the County Solid Waste Management Pl an (CoSWMP) as a potenti al transfer stati on site. The intent of this request was to provide an alternative, publicly-owned option to the transfer station proposed by Acme Fill. County staff, at the Solid Waste Commission (SWC) meeting of September 21, 1988, recommended that the proposed potential site be deleted and a vaguely worded "backup" site be included in the revised CoSWMP. The SWC approved the recommendati on. Although we appreci ate the time and effort County staff has put into revising the CoSWMP and understand the need to insure that all elements of the pl an are compati b 1 e, there are several outstandi ng issues that have resulted from the changes made to the District's request: o A monopoly has been created for Acme Fi 1 1, an unregul ated private enterprise, in the field of transfer operations in Central County. The creation of a monopoly may not be to the benefit of the County's garbage rate payers. Although an ordinance has been proposed which would give the County the authority to regulate rates, the Acme Fill interim transfer station has been specifically exempted. It is the District's belief that the interim transfer station will have to operate much longer than the 15-18 months proj ected, thus rai si ng the question of when rate regulation will be possible. Board of Supervisors Page 2 October 3, 1988 o The current proposed 1 anguage in the CoSWMP refers to another full-scale transfer station "if the Acme Fill transfer station is not approved and is not constructed" instead of the "potenti al transfer stati on" 1 anguage req uested by CCCSD. Current experience clearly shows that solid waste proposals do not fail, they simply become semi-active. The consequence of the present language in the CoSWMP will be that a sanitary district, city, or joint powers agency that wishes to develop a transfer stati on wil 1 be unabl e to because it may never be cl ear that the Acme proposal has failed. CCCSD strongly requests that the Board of Supervisors revise the CoSWMP to include a "potential" transfer station site on CCCSD property. Language restricti ng the development of a site only in the event of Acme's "fai 1 ure" shou1 d be removed. It is true that CCCSD's present intention would be only to develop a transfer station as a backup to Acme's proposal. However, restriction of a backup transfer station in the CoSWMP to the case where Acme's transfer station fails to be approved and is not constructed precludes its development in a timely manner. Certainly, public agencies should not be restricted from developing transfer stations, particularly considering the difficulty the private sector is having in the siting, permitting, and financing of these facilities. We appreciate your consideration of this request. Sincerely, loM7l?~tm-- Roger J. Dol an General Manager-Chief Engineer LIB: RAB: be cc: Mr. Phil Batchelor MS. Avon Wl1 son x. SOLID WASTE 3 Page 1 of 4 Breach of contract appeal by Pleasant Hill Bay Shore Disposal and Orinda-Moraga Disposal Service. Inc.