The URL can be used to link to this page

Home My WebLink AboutBOARD MINUTES 01-17-85 139 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON JANUARY 17, 1985 The Di strict Board of the Central Contra Costa Sanitary Di strict convened in a regul ar session at its regul ar pl ace of meeti ng, 5019 Imhoff Pl ace, Marti nez, County of Contra Costa, State of Cal iforni a, at 7:30 p.m. on January 17, 1985. President Boneysteele called the meeting to order and requested the Secretary call roll. I. ROLL CALL PRESENT: Members: Dalton, Stanley, Clausen, Boneysteele ABSENT: Members: Carlson President Boneysteele stated that Member Carlson advised staff he would be unable to attend this meeting and requested that he be excused. II. APPROV AL OF MINUTES 1. APPROVAL OF MINUTES OF DECEMBER 20,1984 2. APPROV AL OF MINUTES OF JANUARY 3, 1985 It was moved by Member Dalton and seconded by Member Clausen, that the minutes of December 20, 1984 and January 3, 1985 be approved as presented. There being no objection, the motion was approved with Member Carlson being absent. III. EXPEND ITU RES 1. EXPENDITURE LIST DATED JANUARY 17, 1985 Member Stanley, member of the Budget and Finance Committee, stated he and Member Dalton have reviewed the expenditures and found them to be sati sf actory. It was moved by Member Stanley and seconded by Member Dalton, that the Expenditure List dated January 17, 1985, including Running Expense Warrant Nos. 17666-17777 and Sewer Construction Warrant Nos. 2645-2668, be approved as presented. There being no objection, the motion was approved with Member Carlson being absent. IV. CON SENT CAL ENDAR It was moved by Member Stanley and seconded by Member Clausen, that the Consent Cal endar, consisti ng of five items, be approved as recommended, resolutions adopted as appropriate, and recordings duly author i zed. 1. Resol uti on No. 85-003 accepti ng an easement at no cost to the District from GIANNINI BUILDING INVESTORS, Orinda area (Job 4029, Parcel 2). 2. Authorization for P.A. 85-2 (Concord) and P.A. 85-3 (Orinda) to be included in a future annexation to the District 3. Execute consent to dedicati on to Contra Costa County, Subdivision 6513, Job 3014, Parcel 5, South Via Lucia Lane (Resolution No. 85-004). 4. Authorize attendance of a Planning Division staff member at the AMSA Conference on financial management. 5. Authorize a three month 1 eave of absence for Doyl e Cambron, Maintenance Crew Leader. 01'¡-'1:¡~85¡ 140 There bei ng no obj ecti on, the motion was approved with Member Carlson being absent. CALL FOR REQUEST TO CONSIDER ITEMS OUT OF ORDER None V. ENGINEERING. 1. AUTHORIZE GENERAL MANPGER-CHIEF ENGINEER TO EXEQJTE CONTRACT AMENDMENT WITH JOHN CAROLLO ENG INEERS FOR CONSTRUCTION ADMINISTRATION AND STARTUP ASSISTANCE FOR STAGE 5B. Mr. Roger J. Dolan, General Manager-Chief Engineer, advised that authorization for execution of a contract amendment with John Carollo Engineers for construction administration and startup assistance for the Stage SB Project is requested subject to approval by the State Water Resources Control Board (SWRœ) as requi red under Cl ean Water Grant Regulations. Mr. Dolan introduced Mr. Robert A. Baker, Engineering Department Manager, who provided an overview of the Stage 5B Project. Mr. John A. Larson, Engi neeri ng Divi sion Manager, di scussed the budget and schedule for the Project. Mr. Jay S. McCoy, Construction Division Manager, reported on Project construction administration. It was moved by Member Dalton and seconded by Member Stanley, that the General Manager-Chief Engi neer be authorized to execute a contract amendment with John Carollo Engineers for construction administration and startup assistance during construction of the Stage 5B Project with a cost ceil ing of $303,830. This authorization is subject to obtaining SWRœ approval prior to execution of the contract amendment. Motion approved on the following roll call vote: AYES: Members: Dalton, Stanley, Clausen, Boneysteele NOES: Members: None ABSENT: Members: Ca rl son VI. BUDGET AND FINANCE 1. RECEIVE DECEMBER 1984 FINANCIAL STATEMENTS Mr. Walter N. Funasaki, Finance Officer, presented the December 1984 Financial Statements and advised that a detailed explanation will be provided in the Six Month 0 & M Review scheduled for presentation at the first Board Meeting in February. Member Clausen requested that an explanation of the accounts receivable accrual procedure also be provided. 2. RECEIVE ,AJJDITOR'S INTERNAL ACCOUNTING CONTRQS REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 1984 Mr. Dol an, General Manager, Chief Engi neer, presented the internal accounting controls report provided by the District's auditors as part of the exami nati on of the Di strict's fi nanci al statements. A summary of those recommendat ions and the D i str i ct' s act ions in response to the recommendations were presented. Following discussion, it was moved by Member Dalton and seconded by Member Stanl ey that the December 1984 Fi nanci al Statements be received subject to semi-annual review on the first Board meeting in February and that the auditor's report of internal accounting controls recommendations for the fiscal year ended June 30, 1984 and the District's actions related to those recommendations be received. There being no objection, the motion was approved with Member Carlson being absent. 0 1; s;t" 0",1 7~',.~, 8 5.' ,fi ~ ".:, ., ~ -. "Ç, .' , ' , 141 VII. LEGAL/LITIGATION REQUEST TO INCREASE THE AUTHORIZED EXPENDITURE LEVEL DISTRICT LEGAL SERVICES FOR THE 1. On the adv ice of Di strict Counsel, pursuant to Government Code Section 54956.9(a), action on this item was deferred to the conclusion of closed sessi on. VIII. ITEMS LATE FOR THE PGENDA None IX. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a. Mr. Dolan, General Manager-Chief Engineer, announced the retirement of Mr. Robert H. Hinkson, Collection Systems Operations Manager, effective March 1, 1985. b. The Plant Computer Room HVAC Project is currently being bid. c. A Solid Waste Management Project status report was presented. There will be a public workshop in East County on January 29, 1985. Mr. Dolan requested and received Board concurrence to exp~nd additional funds for this workshop and to del ay publ ication of the report approximately one month to allow i ncorporati on of the comments generated at the East County workshop. d. Acme Fill is considering requesting that the District accept leachate from their fill operation for treatment and disposal. The Engineering Department is working with them on the specifics of this req uest. 2. COUNSEL FOR THE DISTRICT None 3. SECRETARY OF THE DISTRICT a. Ms. Joyce E. McMill an, Secretary of the Di strict, introduced Ms. Linda Page, Secretary III, who will act as her backup. b. Off-year Campai gn Statements must be fil ed in the County Election Department no later than January 31,1985. c. The Training/Conference Summary for the period October-December 1984 was distributed. 4. BOARD MEMBERS a. Member Dalton and President Boneysteele reported on the County Solid Waste Commission meeting held January 16,1985. b. President Boneysteele reported on the January 9 ABPG Regional Planning Committee meeting. X. MATTERS FROM THE BOARD NOT ON THE PGENDA On behalf of the Board of Directors, President Boneysteele presented Resolution No. 84-150 to Member William C. Dalton, commending him for his past two years of service as President of the Board. XI. CLOSED SESSION With respect to litigation, the closed session is being held pursuant to the following subsections of Government Code Section 54956.9: 1. SECTION (a) EXISTING LITIGATION 01'~I i 18~ it 142 The titles of the litigation to be discussed are: Peterson-Simpson v. CCCSD Contra Costa County Superior Court No. 190885 CCCSD v. National Union Fire Insurance Contra Costa County Superior Court No. 255698 Contra Costa Water District v. CCCSD Contra Costa County Superior Court No. 258786 CCCSD v. Contra Costa Water District Contra Costa County Superior Court No. 253195 2. SECTION (b) SIGNIFICANT EXPOSURE TO LITIGATION It was moved by Member Clausen and seconded by Member Stanley, that pursuant to Government Code Section 54956.9(b), a point has been reached where in the opi nion of the Board of Di rectors of Central Contra Costa Sanitary District on the advice of its Counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the District. The title of the 1 itigation is not being identified because to do so woul d jeopardize the Board's abil ity to concl ude exi sti ng settl ement negoti ations to its advantage. Moti on approved on the following roll call vote: AYES: Members: Da 1 ton, Stanl ey, Cl ausen, Boneysteele NOES: Members: None ABSENT: Members: Carlson 3. SECTION (c) INITIATION OF LITIGATION It was moved by Member Clausen and seconded by Member Stanley, that pursuant to Government Code Section 54956.9(c), on the advice of Counsel based on existing facts and cicumstances, the Board of Directors of the District has decided to initiate or is deciding whether to initiate litigation regarding the city of Concord. Motion approved on the following roll call vote: AYES: Members: Da 1 ton, Stanl ey, Cl ausen, Boneysteele NOES: Members: None ABSENT: Members: Carlson 4. REAL PROPERTY NEGOTIATIONS With respect to real property negotiations, the closed session is being held pursuant to Government Code Section 54956.8. The real property which the negotiations may concern is the entire Southern Pacific right-of-way. Robert A. Baker, the District's Negotiator, may negotiate with all holders of record title interest and the county of Contra Costa and East Bay Municipal Utility District in the Southern Pacific right-of-way. At 8:55 p.m., President Boneysteele declared the closed session concerni ng 1 iti gati on and real property management negoti ati ons. At 10:57 p.m., President Boneysteele concluded the closed session and reconvened the meeti ng into open session. It was reaffi rmed that onl y those items identified above were discussed in closed session. XII. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION At this time, Item VII Legal/Litigation, deferred earlier in the meeting pending conclusion of closed session, was considered. VII. LEGAL/LITIGATION 01, .,J7, "'~',¡I' , ,'," -, 85 t, t " , " '. ; 143 L REQUEST TO INCREASE THE ,AJJTHORIZED EXPENDITURE LEVEL DISTRICT LEGAL SERVICES FOR THE It was moved by Member Clausen and seconded by Member Stanley, that an increase to the expenditure level for legal services for 0 & M and Project related cases in the amount of $345,233 be authorized. Motion approved on the following roll call vote: AYES: Members: Dalton, Stanley, Clausen, Boneysteele NOES: Members: None ABSENT: Members: Carlson President Boneysteele reverted to the order of the agenda. XIII. ADJ OURNMENT At 10:59 p.m., President Boneysteele adjourned the meeting to reconvene in Adjourned Regular Session on Tuesday, January 29, 1985 at 7: 15 p. m. at Anti och Community Center, 213 "F" Street, Anti och, for a Solid Waste Management Study public workshop. ' COUNTERSIGNED: S e ry of the Cen ral Contra C ta Sanitary District, County of Contra Costa, State of California O{~1{;"8d 0