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Item 6f Proposed Settlement Agreement between Pleasanton, Livermore and Alameda County Waste Management of Alameda County, Inc., concerning the Altamont Landfill Expansion. (SR98: 133) Michael Roush presented the staff report. Mark Weinberger, an attorney representing the City of Livermore, said the Livermore City Council met to consider the same settlement agreement that is before Council tonight. That Council had considerable public input and voted 3-1 to approve the settlement with one added provision. The added provision arose resulting from the observation that the operator is allowed to bank unused waste in any given year that falls below 2.16 million tons to use in later years. The member agencies in Alameda County are given a similar right to utilize unused capacity in later years. The proposal was made and incorporated into the motion to add a provision to the Conditions of Approval providing that during the last ten years of the life of the land fill, in each year 100,000 tons of uncommitted capacity would be retained by Waste Management to be made available on an annual basis to any member agency, who at that time is not disposing at the landfill or could not gain access to dispose at the landfill. This provision has not been accepted or rejected by Waste Management. Mayor Tarver asked for an explanation on the lawsuit. Mr. Weinberger said the settlement was put together following a request to the County to revisit the permit and downsize the facility. The County Board to date has been unable to reach an agreement on downsizing the facility. Therefore the first component of the settlement is an agreement by Waste Management to abide by a lower capacity landfill and a lower rate of fill than the County permit allows. In addition, the Livermore Traffic Impact fee will be paid so that the roads in Livermore that are utilized will be funded for maintenance. In addition Waste Management has agreed it will not challenge the fee. He mentioned that there is approximately $500,000 in the bank from this fee and the County has committed itself to spending the funds through an East County land trust for open space purchase and maintenance. He understood the cities would have a role in this land trust. He said there is some additional assurance on the kit fox mitigation that the mitigation will be focused in the North Livennore/Altamont area. He said these are only some of the issues being proposed. Ms. Dennis asked about the environmental review process. Mr. Weinberger said there is a significant, although technical, change that has resulted from the proposed settlement. Waste Management has argued that the County permit allows it to sidestep further environmental review for the potential future expansion beyond the current expansion up to total of 80 million tons. The agreement before Council tonight does clarify and commits Waste Management to bringing a future application that starts with the justification of need. Pleasanton City Council 29 05/19/98 Minutes