Contra Costa County Sanitation District No. 6 (SD-6) was formed in 1992 to provide sanitary sewer services to the Stonehurst subdivision in the Alhambra Valley area. Board Resolution 92/57, which formed the district, named the Board of Supervisors as the governing board of SD-6. Under Health and Safety Code section 4730, a county board of supervisors is the board of directors of a county sanitation district when the district includes no territory in cities. In 1992, the territory of SD-6 was entirely unincorporated and not within any sanitary district. In 2012, portions of the Alhambra Valley were annexed by the City of Martinez. The areas annexed included the entire inhabited area of SD-6. The remainder of SD-6 that was not annexed is unpopulated open space, located beyond the Urban Limit Line. Under Health and Safety Code section 4731, the resulting change in character of the territory of SD-6 -- from entirely unincorporated to partially incorporated -- triggered a change in membership of the SD-6 Board of Directors.  
  
Under Health and Safety Code section 4730, if a sanitation district includes part of a city and unincorporated territory, and the population of the portion of the city in the sanitation district is greater than half the population of the entire sanitation district, the county board of supervisors may designate the city council as the sanitation district’s board of directors. If the board of supervisors does not make this designation, then under Health and Safety Code section 4730, the sanitation district’s board of directors is the chair of the board of supervisors and two members of the city council – the council’s presiding officer and one other member.  
  
In this case, the entire population of SD-6 consists of City of Martinez residents. No residents of unincorporated territory live within the boundaries of SD-6. Under these circumstances, the Contra Costa County Board of Supervisors is authorized to designate the Martinez City Council as the SD-6 Board of Directors.  
  
Given that the people served by SD-6 are all Martinez residents, staff recommends the Board of Supervisors designate the Martinez City Council as the SD-6 Board of Directors. It is therefore reasonable that the elected body that represents residents of the City of Martinez – the Martinez City Council – act as the board of SD-6. It may also be more cost-effective to have the board of SD-6 be an existing elected body rather than a new board made up of elected officials from both the County and the City.

If the Board of Supervisors does not designate the Martinez City Council as the SD-6 Board of Directors, the SD-6 Board of Directors will be two members of the Martinez City Council and the chair of the Board of Supervisors.

Not applicable.

Speaker:  Tim Tucker, engineer with the City of Martinez.

Public Works staff will provide the Local Agency Commission with a copy of this executed order to ensure timely communication between agencies.