HomeMy WebLinkAboutBOARD MINUTES 04-21-94
72
MINUTES OF THE REGULAR BOARD MEETING
OF THE DISTRICT BOARD OF THE
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD ON APRIL 21, 1 994
The District Board of the Central Contra Costa Sanitary District convened in a regular
session at its regular place of meeting, 5019 Imhoff Place, Martinez, County of Contra
Costa, State of California, at 3:00 p.m. on April 21, 1994.
President Rainey called the meeting to order and requested that the Secretary call roll.
1. ROLL CALL
PRESENT:
Members:
Menesini, Dalton, Hockett, Clausen, Rainey
ABSENT:
Members:
None
2. PUBLIC COMMENTS
Mr. Kenton L. Aim, Counsel for the District, announced that Valley Waste Management
has requested that the first and third items under District Counsel's Report, 13.b., request
and decision rel.ating to payment of legal fees incurred in defense of the Acme Landfill
CERCLA litigation, be deferred until some future Board meeting. Mr. Aim stated that the
other two applicants were contacted and had no objection. Mr. Aim recommended that
this matter be postponed indefinitely. The Board concurred.
Mr. Aim requested that Item 15.b., closed session to discuss existing litigation pursuant
to Government Code Section 54957.6(a), Samimi v. Sunrise Hill Associates, et ai, Contra
Costa Superior Court CaC'~ No. C92-05489, be deferred. The Board concurred.
President Rainey stated that anyone present for either of these items should advise the
Secretary if they wish to receive notice when the items are recalendared.
3. CONSENT CALENDAR
Following discussion, it was moved by Member Menesini and seconded by Member
Hockett, that the Consent Calendar, consisting of Items a. through d., be approved as
recommended, resolutions adopted as appropriate, and recordings duly authorized.
a.
The Grant of Easement from Contra Costa County, Job 5010, Parcel 2, was
approved, the President of the Board of Directors and the Secretary of the
District were authorized to execute and record said Grant of Easement, and
Resolution No. 94-027 was adopted to that effect.
Motion unanimously approved on the following vote:
AYES: Members: Menesini, Hockett, Dalton, Clausen, Rainey
NOES: Members: None
ABSENT: Members: None
b.
Authorization was given for P.A. 94-2 (Alamo) to be included in a future
formal annexation to the District.
Motion unanimously approved on the following vote:
AYES: Members: Menesini, Hockett, Dalton, Clausen, Rainey
NOES: Members: None
ABSENT: Members: None
04
21
94
73
c.
The contract work for the Laboratory Facilities Improvement Project - Gas
Cylinder Ramp and Associated Projects, DP 6077, was approved and the
filing of the Notice of Completion was authorized.
Motion unanimously approved on the following vote:
AYES: Members: Menesini, Hockett, Dalton, Clausen, Rainey
NOES: Members: None
ABSENT: Members: None
d.
The purchase of a new Apple Quadra 610, monitor, and keyboard was
authorized from the Fiscal Year 1993-1994 Equipment Budget Contingency
Account at a cost of $2,299.24.
Motion unanimously approved on the following vote:
AYES:
Members:
Menesini, Hockett, Dalton, Clausen, Rainey
NOES:
Members:
None
ABSENT:
Members:
None
4. HEARINGS
a.
HOLD A HEARING AND ADOPT A RESOLUTION OF NECESSITY FOR THE
PURPOSE OF INITIATING EMINENT DOMAIN PROCEEDINGS FOR ACQUISITION
OF PUBLIC SEWER EASEMENTS FOR THE PLEASANT HILL RELIEF INTERCEPTOR
PROJECT. DP 4879
Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that the presentation has
been divided into two categories: legal considerations and technical analysis of the
proposed alignment. Mr. Dolan introduced Mr. Kenton L. Aim, Counsel for the District,
who stated that the property owners have filed a letter preserving their right to speak.
In response to a question from Mr. Aim, Infrastructure Division Manager Jay S. McCoy
stated that negotiations are moving forward and it appears that we are close to an
agreement.
Mr. Aim stated that the position paper fairly reflects the purpose of the hearing.
Antecedent to filing a condemnation action, a resolution of necessity must be adopted.
The Board must determine whether the public interest and necessity require the project;
whether the project is planned or located in the manner that will be most compatible with
the greatest public good and the least private injury; and whether the property rights
sought to be acquired are necessary for the project. Mr. Aim provided definitions and
quoted from the law the meanings of the terms necessity, greatest public good and least
private injury, and proper location.
Mr. Tad Pilecki, Senior Engineer, provided background on the Pleasant Hill Relief
Interceptor Project and the proposed alignment. Mr. Pilecki summarized the key issues
which must be considered by the Board as follows:
.
Public interest and necessity require the proposed project.
.
The project is planned or located in a manner that will be most compatible
with the greatest public good and the least private injury.
.
The easements are necessary for the proposed project.
.
An offer complying with the Government Code has been made to the
property owners.
Mr. Pilecki reviewed alternatives for the project which were covered extensively in the
Negative Declaration discussed in detail at the Board meeting of September 16, 1993.
04
21
94
74
Each alternative was evaluated on the following factors: cost, future maintenance/repair,
community impacts, and environmental impacts. Based on the evaluation, the proposed
route through the Target parking lot/Grayson Creek alignment is the preferable alternative
and the permanent and temporary easements through the Pleasant Hill Shopping Center
parking lot are necessary for the project. On February 2, 1 994, an initial offer of
$51,786, reflecting the fair market value of the land and improvements, was made to the
property owner for the necessary easements. That offer was followed up on March 22,
1994 in accordance with the Government Code.
In response to a question from Member Hockett, Mr. Dolan stated that the property owner
is a firm located in Southern California and a certain amount of time is required for them
to respond. Mr. Pilecki stated that a tentative agreement has been reached with the
property owner and the documents are now being reviewed by their attorneys. Because
additional time delays could be critical to the project, it is recommended that the Board
proceed with adoption of the Resolution of Necessity at this time.
At 3:26 p.m., President Rainey opened the public hearing to receive comments regarding
adoption of the Resolution of Necessity to acquire permanent and temporary easements
by eminent domain for the Pleasant Hill Relief Interceptor Project. There being no
comments, President Rainey closed the public hearing and returned the matter to the
Board for deliberation.
Member Menesini stated that the issue the Board must deal with is the impact on the
business during construction, and not permanent damage to the public or the
environment.
It was moved by Member Menesini and seconded by Member Hockett, that Resolution
No. 94-028, Resolution of Necessity to acquire permanent and temporary easements by
eminent domain for the Pleasant Hill Relief Interceptor Project, DP 4879,be adopted; and
that the filing of an eminent domain action, the deposit of the amount of probable
compensation, and the application for an Order for Immediate Possession be authorized.
There being no objection, the motion was unanimously approved on the following vote:
AYES: Members: Menesini, Hockett, Dalton, Clausen, Rainey
NOES: Members: None
ABSENT: Members: None
5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER
Mr. Dolan, General Manager-Chief Engineer, requested that Item 15.a., closed session
relating to labor negotiations, be taken out of order at this time. President Rainey
proceeded to Item 15.a.
15. CLOSED SESSION
a.
LABOR NEGOTIATIONS
With respect to labor negotiations, the closed session was held pursuant to Government
Code Section 54957.6, to meet with designated representatives prior to and during
consultations and discussions with the representatives of employee organizations
regarding the salary, salary schedules or compensation paid in the form of fringe benefits
of employees in order to review its position and instruct its designated representatives.
The District's negotiators are Deputy General Manager Paul Morsen, Personnel Officer
Cathryn Freitas, and Labor Counsel Gerald R. Lucey and the pertinent employee
organizations are Central Contra Costa Sanitary District Employees' Association Local No.
1 representation group and the Management Support/Confidential Group.
At 3:28 p.m., President Rainey declared the closed session to discuss labor negotiations
pursuant to Government Code Section 54957.6. At 4:02 p.m., President Rainey
concluded the closed session and reconvened the meeting into open session.
04
21
94
75
16. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION
President Rainey stated that further instruction regarding labor negotiations was given to
the District's negotiators.
At this time, President Rainey reverted to the order of the agenda.
6. SOLID WASTE
a.
CONSIDER DISTRIBUTION FORMULA FOR REMAINING CONTRA COSTA SOLID
WASTE AUTHORITY MONIES
Mr. Dolan, General Manager-Chief Engineer, stated that correspondence has been received
from the Contra Costa Solid Waste Authority (CCSWA) containing a breakdown of the
distribution formula for remaining CCSWA monies. Staff has reviewed this and does not
disagreee with the figures used. Furthermore, staff understands that there is very little
money remaining.
President Rainey stated that the ratio for distribution of remaining funds is the same ratio
as was used for contribution of funds.
It was moved by Member Menesini and seconded by Member Clausen, that the Central
Contra Costa Sanitary District accepts the distribution formula for remaining CCSWA
monies as set forth in the March 29, 1994 letter from CCSWA Interim Executive Director
Avon Wilson. There being no objection, the motion was unanimously approved.
7. ENGINEERING
a.
INITIATE PROCEEDINGS TO CHANGE THE DISTRICT'S SPHERE OF INFLUENCE
(SOl) AND FORMALLY ANNEX 16.27 ACRES OF LAND LOCATED IN SOUTHEAST
MORAGA
Mr. Dolan, General Manager-Chief Engineer, stated that this item was held over from the
April 7, 1994 Board meeting to allow time for further study and input from the Town of
Moraga. Mr. Dolan stated that he has discussed the matter with Mr. Jay Tashiro, Moraga
Planning Director, and Mr. Ross Hubbard, Moraga Town Manager. Mr. Tashiro indicated
that representatives of the Town of Moraga had met with the developer regarding service
for Rancho Laguna Park. No agreement was reached at that meeting. Mr. Tashiro
requested that final approval by the Central Contra Costa Sanitary District Board of
Directors be delayed until final agreement is reached regarding hookup of Rancho Laguna
Park at no cost.
Mr. Dolan introduced Mr. Jarred Miyamoto-Mills, Principal Engineer, who showed a map
and described the area of the proposed annexation. It is important to note that the
property in question is contiguous with East Bay Municipal Utility District (EBMUD)
watershed and dedicated open space. Mr. Miyamoto-Mills described the neighborhood
pumping station option, the individual pumping stations option, and the gravity service
only option set forth in the position paper.
In response to a question from Member Clausen, Mr. Miyamoto-Mills stated that he did
not believe that it would be practical to grade the site so all the lots would drain by
gravity.
Mr. Miyamoto-Mills stated that at the last Board meeting the issue of reliability of
pumping stations was raised. Mr. Miyamoto-Mills reviewed the design guidelines from
the District's Pumping Station Master Plan with regard to reliable capacity, critical
component redundancy, and alarms telemetered to the plant. Mr. Miyamoto-Mills
reviewed pumping station operations and emergency response including routine daily site
visits, 24 hours a day on-call staff, 30 to 60 minutes response time, and 24-hour dispatch
by the Plant Operations Department. The District's pumping stations are designed and
operated so as to ensure high reliability. Mr. Miyamoto-Mills reviewed the pumping
stations facilities and O&M financing options, and the advantages and disadvantages of
each option. Mr. Miyamoto-Mills stated that District staff members have been in contact
with various representatives of the Town of Moraga. Town of Moraga concerns include:
04
21
94
.--.- -----------~-------
76
.
The objective that land use planning should be consistent with the Town's
General Plan; and
.
Securing sewer service for Rancho Laguna Park.
Mr. Miyamoto-Mills stated that an Environmental Impact Report (EIR) for the Belmont
Homes project, Subdivision 7174, has been certified by the Board of Supervisors. The
EIR determined that sewer service would not have a significant, unavoidable adverse
impact.
Discussion followed with regard to the similarities and differences between this project
and the Country Club at Gale Ranch project recently approved by the Board of Directors,
the basis of the estimated $1,600 per unit initial annual charge for pumped customers,
and concerns expressed by the developer and representatives of the Town of Moraga with
regard to sizing of the pumping station to serve ultimate buildout of approximately 40
residential units. Mr. Miyamoto-Mills stated that the same size pumping station would
be applicable to both the initial installation and the ultimate development; however. it may
be necessary to have a deeper line to provide service to the areas for potential
development.
Mr. Frank Bellecci. of Bellecci & Associates, addressed the Board on behalf of Belmont
Homes. Mr. Bellecci stated that the costs just described by District staff are surprising
in their enormity. Mr. Bellecci stated that there have been several meetings with
representatives of the Town of Moraga, and that he left the last meeting with a feeling
of cooperation and a sense that most of the issues had been resolved. However, it was
not possible to make a final commitment until the actual cost figures were received from
District staff. Mr. Bellecci stated that the Town of Moraga is not in favor of providing a
pumping station that will serve the remaining properties that may develop. The depth of
the pit is the issue for the developer, not the size of the pumping station. In light of that
issue, the developer concurs with the Town of Moraga that a system to serve only the
existing units should be provided. Based on what has been learned today at the Board
meeting, Mr. Bellecci stated that he feels further consideration should be given to Option
B, individual pumping stations. Mr. Bellecci requested that the Board approve the
annexation and allow this matter to go forward with the understanding that the developer
will continue to work with the District with regard to engineering alternatives and costs
and with the Town of Moraga to resolve their concerns. The conditions of approval have
been worked out. Allowing this project to go forward will help the Town of Moraga's
Rancho Laguna Park by providing a better system than the current holding tank. The
developer will appropriate $30,000 towards improvement of the Rancho Laguna Park.
In response to a question from President Rainey, Mr. Dolan stated that it would be
possible for the Board to impose a condition that the District's plan review process will
not be completed until the concerns of the Town of Moraga have been dealt with. Mr.
Dolan stated that he could report back to the Board at that point.
Following discussion, it was moved by Member Menesini and seconded by Member
Hockett, that Resolution No. 94-029, a resolution of application for annexation of 16.27
acres of land located in Southeast Moraga and requesting revision of the District's SOl
to include the subject properties, be adopted; that provision of sewer service be
tentatively approved subject to reaching suitable arrangements with the developer and
receiving assurance that the needs of the Town of Moraga have been met; and that a
report will be made to the Board at the plan review stage prior to final approval. Motion
approved on the following roll call vote:
AYES: Members: Menesini, Hockett, Rainey
NOES: Members: Dalton, Clausen
ABSENT: Members: None
04
21
94
77
REVIEW DRAFT PRINCIPLES OF AGREEMENT FOR RECYCLED WATER
DEVELOPMENT
b.
Mr. Dolan, General Manager-Chief Engineer, briefly highlighted the background leading to
development of these Draft Principles of Agreement for Recycled Water. At the last
Board meeting, the Board was informed of this matter. At that time the Board asked that
the Draft Principles of Agreement be calendared for an informal review to be sure the
Board was in concert with them. The Contra Costa Water District (CCWD) has already
conducted an informal review of the document.
Discussion followed and the Board provided suggestions and additions with regard to
specific issues and wording in the Draft Principles of Agreement.
Following discussion, it was the consensus of the Board that the Draft Principles of
Agreement be modified to indicate that:
.
There is a shortage of potable water requiring conservation and reuse;
.
Projects may be identified and implemented incrementally; and
.
If laws and regulations change, it may be necessary to renegotiate the
agreement.
The Board expressed support for a joint Board meeting with CCWD as previously
discussed.
Mr. Kenton L. Aim, Counsel for the District, stated that his concern is not with the
agreement itself or the approach. Mr. Aim requested that the minutes reflect that in the
event the District fails to go forward or is not successful in the manner it wishes to be,
that some of the concepts set forth in the Draft Principles of Agreement in terms of
exclusive purveyorship are debatable in courts of law at this point. For purposes of
moving forward, it seems much more rational to move forward with this type of
agreement rather than debate the issue or move to clarify the law. Mr. Aim stated that
he does not view this as necessarily an admission of his or the District's view of the law
in that regard.
a.
8. CORRESPONDENCE
NOTE RECEIPT OF LETTER DATED FEBRUARY 25. 1994. FROM THE CONTRA
COSTA TIMES REGARDING STANDING REQUEST FOR RECORDS: CONSIDER
DRAFT RESPONSE
Following discussion, receipt of the letter dated February 25, 1994, from the Contra
Costa Times regarding standing request for records, was noted and the draft response
was approved as amended.
9. APPROVAL OF MINUTES
a.
MINUTES OF ADJOURNED REGULAR MEETING OF MARCH 31. 1994
It was moved by Member Hockett and seconded by Member Menesini, that the minutes
of the adjourned regular meeting of March 31, 1994, be approved as presented. There
being no objection, the motion was approved with Members Clausen and Rainey
abstaining because they were not present at the meeting of March 31, 1 994.
b.
MINUTES OF REGULAR MEETING OF APRIL 7. 1994
It was moved by Member Menesini and seconded by Member Clausen, that the minutes
of the regular meeting of April 7, 1994, be approved as presented. There being no
objection, the motion was unanimously approved.
04
21
94
- - -- -- -------.------- --....- .--------- ----.---.-
78
10. APPROVAL OF EXPENDITURES
a.
EXPENDITURE LIST DATED APRIL 21. 1 994
Member Menesini, member of the Budget and Finance Committee, stated that he and
Member Dalton reviewed the expenditures and found them to be satisfactory.
Following discussion, it was moved by Member Menesini and seconded by Member
Dalton, that the Expenditure List dated April 21, 1994, including Self-Insurance Check
Nos. 100823-100830, Running Expense Check Nos. 81569-81793, and Sewer
Construction Check Nos. 1401 2-14053, be approved as recommended. There being no
objection, the motion was unanimously approved.
11. BUDGET AND FINANCE
a.
RECEIVE THE 1994-1995 EQUIPMENT BUDGET FOR REVIEW
Mr. Dólan, General Manager-Chief Engineer, stated that the proposed 1994-1995
Equipment Budget was reviewed in detail by the Board's Capital Projects Committee. It
is now presented to the full Board for consideration.
Member Clausen, member of the Capital Projects Committee, stated that staff did a very
good job this year of limiting expenditures from the Sewer Construction (Capital) Fund,
and taking a careful look at the equipment needs of the District.
There being no further discussion, President Rainey declared that the 1 994-1 995
Equipment Budget was received for review.
b.
RECEIVE MARCH 1994 FINANCIAL STATEMENTS
Ms. Deborah Ratcliff, Controller, reviewed the results of operations and maintenance for
the month of March 1994, noting that expenditures were $20,000 over budget,
representing a 0.9 percent unfavorable variance. For the nine months ended March 31,
1994, expenditures were $2.1 million less than budget, representing a 10.4 percent
favorable variance.
Ms. Ratcliff reported that operations and maintenance revenues for the nine months
ended March 31, 1994, were $64,000 less than budget, or 0.4 percent underrealized.
The District's temporary investments were held in Treasury bills and Treasury notes and
the District's Local Agency Investment Fund (LAIF) account with interest rates ranging
from 3.1 percent to 5.8 percent. The latest interest rate was 5.1 percent. The average
yield for the LAIF account was 4.2 percent. Ms. Ratcliff stated that there is a very small
trend with interest rates for Treasury bills moving up.
Recognizing that the Concord payment is significant and has not yet been received,
Member Clausen noted that 75 percent of the year has passed but only 55 percent of
budgeted revenues have been received.
Member Clausen asked if there is any way to remove the deferred compensation
investment from the budget since it is not the District's money and inflates the Operations
and Maintenance Budget by approximately $20 million. Ms. Ratcliff stated that money
shown on the balance sheet does not inflate the O&M Budget, but is simply an asset
being held by the District. Mr. Dolan stated that there have been a number of changes
in accounting rules in recent years that have forced governmental bodies to recognize
liabilities. such as accrued compensated absences, on their balance sheets. Ms. Ratcliff
stated that the deferred compensation investment must be stated on the balance sheet,
but she will contact the District's external auditors to see if there is any way that it can
be shown differently.
Member Menesini stated that he visited the Pleasant Hill Relief Interceptor Project and
saw the remarkable operation. Member Menesini suggested that the large diameter pipe
stored on the job site be painted with the District's name and information taking credit
for the work being done to relieve overflows without disturbing the environment. Mr.
,04
21
94
79
Dolan stated that although the District usually keeps a low profile, this is a good thought.
Mr. Dolan stated that he will discuss the suggestion with the Engineering Department.
Mr. Jay S. McCoy, Infrastructure Division Manager, reported on the Pleasant Hill Relief
Interceptor Project, reviewing the route and describing the work completed to date. The
total amount of the contract with Ranger Pipeline is $14.3 million. To date, 28 percent
of the time has elapsed and approximately 28 percent of the work has been completed.
The value of the work completed at the end of March 1 994, is $3.1 million. A video of
the project was shown. The video was prepared by Shift Supervisor Steve Colberg with
assistance from Senior Engineer Henry Thom.
President Rainey thanked Mr. McCoy for his report and commended Messrs. Colberg and
Thom for the outstanding video.
None
12. EMERGENCY SITUATIONS REQUIRING BOARD ACTION
13. REPORTS
GENERAL MANAGER-CHIEF ENGINEER
a.
b.
c.
d.
1 )
Mr. Dolan, General Manager-Chief Engineer, reported that last year the
District received $5.5 million in ad valorem tax revenue. A 3.9 percent
increase over the previous year had been anticipated resulting in a budget
figure of $5.7 million for fiscal year 1993-1994. The District is expected
to receive approximately $5.6 million, or approximately $160,000 less than
budget. This is significantly better than originally projected.
2)
Mr. Dolan announced that he has been asked to allow the Water
Environment Federation (WEF) to submit his name for nomination to
represent wastewater utilities on the Environmental Protection Agency
(EPA) Management Advisory Committee. If selected, Mr. Dolan would
attend three or four meetings per year. Expenses would be paid by the
EPA. Issues could cover a range of topics including toxics regulations,
overflows from sanitary sewers, and pollution prevention. On behalf of the
Board, President Rainey commended Mr. Dolan for this honor and expressed
the Board's support for his nomination to the EPA Management Advisory
Committee.
3)
Mr. Dolan announced that Earth Day is April 24, 1994. The District will
have an exhibit at the Concord Pavilion. Everyone is welcome to attend.
The event is open from 10:00 a.m. to 6:00 p.m.
4)
Mr. Dolan announced that the District is advertising for bids for the Los
ArabisIWoodland Way Sewer Project. The engineer's estimate for the
project is $2.1 million. The project will use both open cut and no-dig
technology.
COUNSEL FOR THE DISTRICT
None
SECRETARY OF THE DISTRICT
1 )
Ms. Joyce Murphy, Secretary of the District, announced that she will be out
of town the first week of May and will not be present at the May 3, 1994
Board meeting. Ms. Julie Lopez, Administrative Aide, will attend the Board
meeting.
BOARD MEMBERS
1 )
President Rainey provided an update on AB 1905 , stating that the bill was
originally carried by Assemblymen Richard Rainey and Bob Campbell and
04
21
94
------ ------ - ----.------- ------. ...---- -------.- -.. -_.. -. - ."-----'
80
was intended to get the State to reimburse Contra Costa County for lost
property taxes. The bill died in committee. At the suggestion of the
Assembly Local Government Committee, the Contra Costa County Board of
Supervisors requested Assemblyman Campbell to carry an amendment to
AB 1 905 that would take money from special districts for police and fire
services. Assemblyman Rainey pulled his name off the bill because he feels
strongly that any taxes should go to a vote of the people. President Rainey
noted that there are inequities in the bill because ad valorem taxes collected
from people living in Central County cities will be used for services in
unincorporated areas. President Rainey stated that this is wrong and that
the District should so advise the elected leaders of the Central County
cities. Following discussion, it was the consensus of the Board that the
District try to get an editorial in the Contra Costa Times showing the
inequities to the taxpayers, and try to enlist the support of local legislators
and cities.
2)
President Rainey reported that she and Member Hockett attended the April
13, 1994 Contra Costa Special Districts Association meeting, at which the
rules and regulations for special district representation on the Local Agency
Formation Commission (LAFCO) were discussed. The next meeting will be
at 9 a.m. on April 30, 1994 at the Contra Costa Water District offices.
14. ANNOUNCEMENTS
Member Menesini announced that he recently had occasion to visit Collection System
Operations (CSO) and tour several job sites where Maintenance Crew Leader Bill Echols,
Maintenance Crew Member I Devin Nichols, Construction Equipment Operator Chris Keith,
Maintenance Crew Member II Steve Sauter, Construction Equipment Operator Richard
Boylan, Maintenance Crew Member I Denise Baker, Maintenance Crew Leader Rick
Powell, and Maintenance Crew Member I Tanya Butler were working. Member Menesini
recognized and commended these employees for the excellent job they were doing and
for their efforts on behalf of the District.
1 5. CLOSED SESSION
a.
EXISTING LITIGATION
The closed session was held to discuss existing litigation pursuant to Government Code
Section 54956.9(a). The title of the litigation discussed was Acme Landfill Corp. v.
Althin CD Medical, Inc., CCCSD, et ai, U.S. District Court No. C91-4268 SBA.
b.
INITIATION OF LITIGATION
Pursuant to Government Code Section 54956.9(c), on the advice of Counsel based on
existing facts and circumstances, the Board of Directors of the Central Contra Costa
Sanitary District has decided to initiate or is deciding whether to initiate litigation. There
is one potential case.
At 7:02 p.m., President Rainey declared the closed session to discuss litigation pursuant
to Government Code Sections 54956.9(a) and (c). At 7:30 p.m., President Rainey
concluded the closed session and reconvened the meeting into open session.
16. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION
With regard to initiation of eminent domain proceedings for acquisition of public sewer
easements for the Pleasant Hill Relief Interceptor Project, DP 4879, staff was authorized
to file a condemnation action pursuant to the Resolution of Necessity, Resolution No. 94-
027.
No action was taken with regard to the Acme Landfill Corp. litigation.
04
21
94
81
1 7. ADJOURNMENT
There being no further business to come before the Board, President Rainey adjourned the
meeting at the hour of 7:32 p.m., to reconvene at 3:00 p.m., Tuesday, May 3, 1994, for
an adjourned regular meeting.
~)u,~ ~
President of the Board of Directors,
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
S~c et ry of the Central. ntra
C a Sanitary District, County of
Contra Costa, State of California
04
21
94
---------