HomeMy WebLinkAboutBOARD MINUTES 10-18-90
182
MINUTES OF THE REGULAR BOARD MEETING
OF THE DISTRICT BOARD OF THE CENTRAL CONTRA
COSTA SANITARY DISTRICT HELD ON OCTOBER 18, 1990
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 p.m. on October 18, 1990.
President Carlson called the meeting to order and requested that the Secretary call
roll.
1. ROLL CALL
PRESENT: Members: Boneysteele, Clausen, Rainey, Carlson
ABSENT: Members: Dalton
Member Dalton entered the meeting at the hour of 3:03 p.m.
2. PUBLIC COMMENTS
None
3. BIDS AND AWARDS
a.
AUTHORIZE THE AWARD OF CONTRACT TO DALZELL CORPORATIOhl FOR THE
, CONSTRUCTION OF FINAL EFFLUENT VALVE ACCESS. DISTRICT PROJECT
NO. 10042
Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that th~ apparent low
bidder for the Final Effluent Valve Access Project was Dalzell Corporation. Staff would
recommend award to Dalzell Corporation.
Member Dalton entered the meeting at the hour of 3:03 p.m.
Following discussion, it was moved by Member Clausen and seconded by Member
Boneysteele, that the award of the construction contract in the amount of $31,940, for
Final Effluent Valve Access, District Project No.1 0042, be authorized to Dalzell
Corporation, the lowest responsible bidder. There being no objection, the motion was
unanimously approved.
4. CONSENT CALENDAR
It was moved by Member Rainey and seconded by Member Boneysteele, that the
Consent Calendar, Items a. through g., be approved as recommended, resolutions adopted
as appropriate, and recordings duly authorized.
a.
Resolution No. 90-125 accepting work and Offers of Dedication from
Howard H. Hubbard, et ux, Job 4767, Parcel 2, was adopted and
recording was authorized.
Motion unanimously approved on the following vote:
AYES: Members: Rainey, Boneysteele, Dalton, Clausen, Carlson
NOES: Members: 'None
ABSENT: Members: None
b.
Resolution No. 90-126 accepting work and Offers of Dedication from Paul
J. Koze, et ux, Job 4767, Parcel 3, was adopted and recording was
authorized.
10
18
90
183
Motion unanimously approved on the following vote:
AYES: Members: Rainey, Boneysteele, Dalton, Clausen, Carlson
NOES:
Members: None
ABSENT: Members: None
c.
Resolution No. 90-127 accepting work and Offers of Dedication from
Dorothy M. Thom, and Dorothy M. Thom, Trustee for Thom Trust, Job
4767, Parcel 4, was adopted and recording was authorized.
Motion unanimously approved on the following vote:
AYES: Members: Rainey, Boneysteele, Dalton, Clausen, Carlson
NOES:
Members: None
ABSENT: Members: None
d.
Resolution No. 90-128 accepting work and Offers of Dedication from Butler
Construction, Inc., Job 4767, Parcel 5, was adopted and recording was
authorized.
Motion unanimously approved on the following vote:
AYES: Members: Rainey, Boneysteele, Dalton, Clausen, Carlson
NOES:
Members: None
ABSENT: Members: None
e.
Resolution No. 90-129 accepting work and Offers of Dedication from Butler
Construction, Inc., Job 4767, Parcel 6, was adopted and recording was
authorized.
Motion unanimously approved on the following vote:
AYES: Members: Rainey, Boneysteele, Dalton, Clausen, Carlson
NOES:
Members: None
ABSENT: Members: None
f.
The Board was advised of the close out of the Critical Project - Incinerator
Optimization, District Project No. 20086. This item was presented for the
Board's information. No action was taken.
g.
Ken F. Laverty, Purchasing Materials Officer, was authorized to travel out
of state to the International Purchasing Association Leaders meeting to be
held on November 8, 1990, at the Dallas/Fort Worth Airport Marriott.
Motion unanimously approved on the following vote:
AYES: Members: Rainey, Boneysteele, Dalton, Clausen, Carlson
NOES:
Members: None
ABSENT: Members: None
,
10
18
90
"
. .
184
CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER
Mr. Dolan, General Manager-Chief Engineer, indicated that he had received a
request to take Item 5.b. out of order. Hearing no objection, President Carlson proceeded
to Item 5.b.
5. SOLID WASTE
b.
UPDATE ON WASTE MANAGEMENT SYSTEM PILOT PROGRAM
Mr. Dolan, General Manager-Chief Engineer, stated that a position paper dealing
with the issue of implementation of the Waste Management "POD" System Pilot Project
for 7,000 homes in the District service area was provided to the Board. Mr. Dolan
directed the Board's attention to two letters from Ms. Sara Hoffman, CòntraCosta
County Solid Waste Manager, to the Alameda County Planning Department. The first
letter was dated September 13, 1990, and the second letter was dated October 15,
1990. These letters request that the Alameda County Zoning Administrator condition
approval of direct haul of municipal solid waste by the Waste Management "POD" System
to Altamont Landfill upon payment of Contra Costa County administrative expenses,
Acme Transfer Station fixed costs, Alameda County mitigation fees, and Contra Costa
County planning fees totaling $15.05 per ton.
Mr. Dolan introduced Mr. Ronald Proto, General Manager of Valley Waste
Management. Mr. Proto provided an update on the status of the implementation of the
Waste Management "POD" System and displayed the 34-gallon containers that will be
used in the pilot project in place of the 64-gallon containers. Mr. Proto reported that there
was a hearing before the Alameda County Zoning Administrator on October 3, 1990. The
Zoning Administrator has indicated that the importation of waste using the Waste.
Management "POD" System would be approved subject to nine conditions many of which
are just formalities. However, the following conditions are of some concern.
1) A solid waste facilities permit must be secured or something in writing must
be submitted from the Solid Waste Management Board stating that such a permit is not
required. After working with the Solid Waste Management Board, Valley Waste
Management was able to get written confirmation that a facilities permit was not required
for the Waste Management System.' The Solid Waste Management Board did indicate
that the Waste Management System must be monitored.
2) A land use permit must be secured if required by the affected jurisdiction in
Contra Costa County. The Town of Danville has sent a letter to the Alameda County
Zoning Administrator saying that no land use permit was required.
3) It must be demonstrated that this use (Waste Management System) is
provided for in the County Solid Waste Management Plan. The County Solid Waste
Management Plan contains language stating that any export agreement is in conformance,
so the Waste Management System technically complies.
4) A letter must be submitted from a Contra Costa County authority resolving
rate adjustment complications with the Acme transfer station. Mr. Proto stated that this
was the only unresolved issue at the October 17, 1990 meeting with Alameda County.
Valley Waste Management argued that this was a private matter between the collector,
the franchiser, and Acme since Acme transfer station is a private facility. The Zoning
Administrator ruled that the issues of administrative expenses and amortization of capital
were private matters. However, the Zoning Administrator ruled that all Alameda County
mitigation fees and Contra Costa County planning fees must be paid. The whole matter
was then referred to the Alameda County Solid Waste Management Authority. If the
Authority rules differently, then the Zoning Administrator would consider the matter again.
Valley Waste Management is awaiting the decision of the Alameda County Solid Waste
Management Authority.
Mr. Proto reported that the Town of Danville had requested that if the Waste
Management System Pilot Program is not fully operational by November 30, 1990, that
implementation be delayed until January to avoid disruption of service during the holiday
season. Mr. Proto stated that if the Alameda County Solid Waste Management Authority
^ '.. ,,' ' .
) '10'18 "90
185
approves the request on October 31, 1990, the program could be up and running by
December 1, 1990.
Member Clausen reported on the Export Committee meeting held with Alameda
County on October 18, 1990. In response to a question from Member Rainey, Mr. Proto
stated that the tonnage transported to Altamont landfill using the Waste Management
System would count towards fulfillment of the put or pay agreement with Alameda
County.
Mr. Dolan stated that the District and Waste Management began working on the
automated transfer concept before the export agreement was negotiated. For that
reason, language was included in the export agreement providing for automated transfer.
. The potential for savings on transportation costs and time is great. The demonstration
project will enable us to get solid information on the economics and feasibility of this
project. The effect of Contra Costa èounty's action is to have an adverse impact on the
economics of the demonstration project. The County should be encouraging efficiencies
and helping in this demonstration project rather than taxing it.
Following discussion, it was moved by Member Clausen that staff be directed to
send a letter to the Alameda County Solid Waste Management Authority clarifying the
Central Contra Costa Sanitary District Board of Directors' position and opposing any
additional fees except the appropriate fees to Alameda County; and that staff be directed
to send a letter to Contra Costa County objecting to the way in which this matter was
handled and the fact that the District nor Member Clausen, as a member of the Export
Committee, received copies of the letter sent by Sara Hoffman to Alameda County.
Following discussion concerning whether a letter was the best way of
communicating the Board's concerns, the above motion was amended by Member
Clausen and seconded by Member Boneysteele, to authorize the Central Contra Costa
Sanitary District Board Solid Waste Committee and staff to express to Alameda County
this Board's policy concerning use of the Waste Management System and to convey the
objectives and policy of this Board to Contra Costa County and to try to resolve this issue
by whatever means may be necessary including letters and telephone calls. The motion
was unanimously approved on the following roll call vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
Clausen, Boneysteele, Dalton, Rainey, Carlson
None
None
At this time, President Carlson reverted to the order of the agenda.
5. SOLID WASTE
a.
PROVIDE VALLEY WASTE MANAGEMENT WITH CLARIFICATION OF SERVICE
LEVEL AND RATES FOR TOWNHOUSE CUSTOMERS, AND RESOLUTION OF
INCONSISTENT HILLY AREA SERVICE LEVEL AND RATES
Mr. Dolan, General Manager-Chief Engineer, stated that as a result of a recent solid
waste brochure that stimulated some thought on the part of some members of the public
and a route audit that was conducted by Valley Waste Management, three areas needing
clarification of service levels and/or rates were identified. Mr. Dolan summarized the
issues and staff recommendations set forth in the position paper.
Mr. Ronald Proto, General Manager of Valley Waste Management, addressed the
Board stating that collection and disposal costs were not included in the rates for seasonal
cleanups for townhouse customers who are not currently receiving the service. Mr. Proto
asked that if the Board wishes to have seasonal cleanups provided to townhouse
customers, it be done in July as part of the next rate-setting process. If trimmings
collections are to be provided to townhouse customers if requested' by townhouse
owners' associations, Mr. Proto asked that the Board require that the townhouse owners'
associations make that request by resolution. Mr. Proto stated that hilly area customers
are not receiving trimmings and seasonal cleanup services, and they are not paying for
':1:0
'1,;8 '9:0
186
those services at this time. If the Board wishes to provide those services to hilly area
customers, that should be addressed during the next rate application.
Board discussion followed concerning the service levels provided, the rates
charged, the period of transition from a small company to a large corporation, and the
need to consider both revenues and expenses when considering a change in the level of
service.
It was moved by Member Rainey and seconded by Member Clausen, that the Board
hereby affirms that hilly area customers are to receive trimmings and seasonal cleanup
'services, provided the customer delivers such material to the nearest street served by a
full-size collection vehicle; and that no action be taken with regard to the service level for
townhouses, trimmings collections for townhouses, or incorrect billing of hilly area
customers in Lafayette and Danville but that those issues be brought back for
consideration as part of the rate application process for 1991-1992.
Member Boneysteele spoke against the motion, stating that the hilly area service
evolved over time from using a pick-up truck to very expensive equipment. This is very
expensive service, and the ratepayers in these areas may already be receiving more than
they are paying for. Furthermore, Member Boneysteele stated that District policy, as
established by the Board, is to base rates on accounting information only. To receive
additional service without providing offsetting revenues would be unreasonable.
There being no further comments, President Carlson called for a roll call vote on
the above motion. The motion was approved on the following roll call vote:
AYES:
Members:
Rainey, Clausen, Dalton, Carlson
NOES:
Members:'
Boneysteele
ABSENT:
Members:
None
6. LEGAL/LITIGATION
a.
DENY CLAIM FOR DAMAGES FROM PACIFIC BELL
It was moved by Member Rainey and seconded by Member Clausen" that the
$100,000 telephone line damage claim from Pacific Bell be denied and referred to staff
for further action as needed. There being no objection, the motion was unanimously
approved. '
7. CORRESPONDENCE
a.
REFER LETTER FROM MAYOR RICHARD F. HOLMES. OF THE CITY OF
LAFAYETTE. CONCERNING REFUSE COLLECTION RATE SETTING TO ST AFFFOR
RESPONSE
The Board discussed the letter from Mayor Holmes and indicated they were
impressed with the insightful and thoughtful comments expressed in the letter. Following
discussion, it was moved by Member Clausen and seconded by Member Rainey, that staff
be directed to draft a response to the letter from Lafayette Mayor Richard F. Holmes
concerning refuse collection rate setting for signature by the President of the Board of
Directors. There being no objection, the motion was unanimously approved.
REFER LETTER FROM A. HOLLY HOLLINGSWORTH CONCERNING REFUSE
COLLECTION RATE SETTING TO STAFF FOR RESPONSE
b.
Mr. Dolan, General Manager-Chief Engineer, stated that a draft response to the
letter from Ms. Hollingsworth has been prepared and distributed to the Board for
consideration.
It was moved by Member Rainey and seconded by Member Clausen, that the draft
response to Ms. A. Holly Hollingsworth be approved and that the President of the Board
:,¡,o ,18 ',90
" ".'
187
of Directors be authorized to execute said letter. There being no objection, the motion
was unanimously approved.
LETTER FROM JOHN PETRAK REQUESTING WAIVER OF LIMITATION FOR
REFUND OF SEWER SERVICE CHARGES AND REIMBURSEMENT
c.
Following explanation by Mr. Dolan, General Manager-Chief Engineer, it was moved
by Member Clausen, that the request of Mr. John Petrak requesting waiver of limitation
for refund of Sewer Service Charges and reimbursement of overpayment be denied.
Mr. Kenton L. Aim, Counsel for the District, stated that based on the Revenue and
Taxation Code, the Board adopted a policy limiting reimbursement of overpayment of fees
to a four-year period. However, there was a bill in the Legislature this year which would
require repayment of all overpayment of fees of this nature. Mr. Aim stated that he
would research this'matter and advise the Board whether the bill passed.
Member Clausen withdrew his motion.
Mr. John Petrak, 1952 Camden Avenue, Suite 206, San Jose, California,
addressed the Board requesting refund of overpayment of fees since 1976. Mr. Petrak
stated that the error came to light in a review of the Sewer Service Charges for the
current year.
In response to questions, Mr. Petrak stated that General Western has owned the.
property since 1979. All rights were assigned to General Western when they purchased
the property in 1979.
It was moved by Member Clausen and seconded by Member Rainey that this
matter be continued to November 1, 1990, to allow Counsel for the District an
opportunity to determine the status of the proposed legislation referenced earlier. There
being no objection, the motion was unanimously approved. .
8. APPROVAL OF EXPENDITURES
a.
EXPENDITURE LIST DATED OCTOBER 18. 1990
Member Boneysteele, member of the Budget and Finance Committee, stated that
he reviewed the expenditures and found them to be satisfactory.
It was moved by Member Boneysteele and seconded by Member Dalton, that the
Expenditure List dated October 18, 1990, including Self-Insurance Check Nos. 100472-
100474, Running Expense Check Nos. 55697-56153, and Sewer Construction Check
Nos. 8775-8868, be approved as recommended. Following discussion, the motion was
unanimously approved.
9. BUDGET AND FINANCE
a.
RECEIVE THE AUDITED FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED
JUNE 30. 1990
Mr. Dolan, General Manager-Chief Engineer, stated that the audited Financial
Statements for the fiscal year ended June 30, 1990, were reviewed by staff and the
Budget and Finance Committee.
Following discussion of the value of land set forth in the Financial Statements,
President Carlson noted that the audited Financial Statements for the fiscal year ended
June 30, 1990 and the related management letter were duly received.
b.
RECEIVE SEPTEMBER 1990 FINANCIAL STATEMENTS
Mr. Walter N. Funasaki, Finance Officer, reviewed the results of operations and
maintenance expenses for the month of September 1990, noting that actual O&M
expenses were $221,000 less than budget representing a 10.2 percent favorable
variance. For the first quarter ended September 30, 1990, actual O&M expenses were
10 .:.18" 90'
188
$456,000 less than budget representing a 7.2 percent favorable variance. Mr. Funasaki
presented the operations and maintenance revenue report for the first quarter ended
September 30, 1990, reporting that revenues were $81,000 less than budget,
representing a 5.9 percent unfavorable variance. Mr. Funasaki reported that this was
primarily because of underrealizations in construction related revenue accounts which
reflect the current marked slowdown in general construction activity. If this is extended
for the full fisc'al year, the District may have an underrealization in these accounts of
$400,000. In the six month review, major variances for the fiscal year will be provided.
Mr. Funasaki reported that the District's temporary investments were held in
Treasury bills and notes and the District's Local Agency Investment Fund (LAIF) account
with interest rates ranging from 7.700 percent to 9.410 percent. The latest interest rate
at September 30, 1990, was 7.780 percent. The average yield for the LAIF account
through August 31, 1990, was 8.38 percent.
President Carlson declared that the September 1990 Financial Statements were
duly received.
10. EMERGENCY SITUATIONS REQUIRING BOARD ACTION
None
11. REPORTS
a.
GENERAL MANAGER-CHIEF ENGINEER
1) Mr. Dolan, General Manager-Chief Engineer, stated that for the past two
years, we have been discussing various office space issues. The Headworks Project
includes demolition of the maintenance office forcing the relocation of personnel
($560,000). The second issue is that for the last four or five years the District has
continued to add personnel particularly in the pretreatment, planning, design, and
construction areas. While we will continue to do our best to control it, realistically we
can expect to see more staffing increases in the future. Currently, there are four trailers
housing 12 to 14 people who should be moved into the Headquarters Office Building
($680,000). The third issue is that Caltrans is condemning approximately 25 percent of
the corporation yard in Walnut Creek and CSO has begun hiring more women so shower
and locker facilities will be needed. Most of the needed work will be earthwork
($1 million - $1.3 million). Mr. Dolan provided a thumbnail sketch of the plans to address
these needs and indicated that a more detailed presentation on the Headquarters Office
Build.ing and Plant plans will be made in the near future. A presentation on the CSO plans
will be made at a later date.
2) Mr. Dolan distributed the 1990 Annual Report and commended the project
team on a job w~1I done.
3) . Mr. Dolan reported that the managers have discussed strategic issues and
reduced the list to five general areas. 1) meeting present and future regulations, 2)
responding to changing labor needs, 3) financing future capital projects, 4) . solid waste,
and 5) community interaction. Mr. Dolan suggested that a Board workshop be held to
discuss these strategic issues. Following discussion, it was the consensus of the Board,
that a strategic planning workshop be scheduled for Thursday, December 13, 1990, from
2 p.m. to 6 p.m.
. 4) Mr. Dolan provided an update on the County-wide Solid Waste JPA and the
County's recent efforts to convince the cities and sanitary districts that the County should
staff the new agency. The County has proposed as well that a surcharge be levied on
disposal fees at landfills and transfer'stations to fund the JPA. Mr. Dolan expressed
concern with the County's proposals and recommended that the JPA keep both the
staffing and financing options open until the JPA is formed and, can decide which
alternatives are best. Mr. Dolan stated that the issues of staffing and financing will be
up for consideration in the near future and suggested that the Board may wish to take a
strong position on them. The Board felt particularly strongly that control of staffing is
essential.
1(), ;18 90
189
5) Mr. Dolan announced that the Affirmative Action Trainee Program is moving
forward on schedule. Twelve trainees will begin Phase I training on Monday, October 22,
1990.
6) Mr. Dolan announced that he was recently contacted by a representative of
Brown and Caldwell who wished to market their services to Central San. When Mr. Dolan
indicated that the District was not interested, the Brown and Caldwell representative
contacted Member Rainey. Mr. Dolan briefly reviewed the District's experience with
Brown and Caldwell and advised the other Board Members that they may be contacted
in this regard.
7) Mr. Dolan announced that East Bay Municipal Utility District has .an alum
sludge problem, and they would like to have Central San take some back-wash water into
the sewer system. Staff is looking at the impact of the discharge and is processing the
application as an industrial waste. We expect to conduct a short-term trial discharge
before completing the permit processing. In addition, the District recently received a letter
from Contra Costa Water District expressing an interest in a similar approach. Both
agencies have problems with heavy metals, and there are policy level concerns regarding
alum sludge that must be considered.
8) Mr. Dolan announced that a meeting was held recently with key officials
involved in the County Hazardous Waste Task Force to discuss progress made to date,
and present and proposed expenditure of funds contributed in part by the District. As a
result of the meeting, Lon Wixon of Contra Costa County, with the help of Bart
Brandenburg of Central Contra Costa Sanitary District, will develop an action plan for
1991. Deputy District Attorney Jim Sepulveda will attempt to develop a trust fund for
enforcement activities using fines and assessments. Sheriff Rainey will communicate
with the Chief's Association as to what to look for and how to respond to suspected
environmental crimes.
9) Mr. Dolan announced that the District will take out a half page ad in the
annual publication of the Contra Costa Council. The objective of the advertisement is to
further carry the message of commercial recycling to the public.
10) Mr. Dolan briefly reported on the Water Pollution Control Federation
Conference annual meeting held the week of October 8, 1990, in Washington, D.C. At
that conference Mr. Dolan became President Elect of the Federation. The Federation is
embarking on a substantial number of new programs with the heaviest emphasis being
on education and training. Mr. Dolan briefly reviewed the programs and issues facing the
Federation in the coming year and thanked the. Board and staff for their continued
support.
On behalf of the Board, President Carlson congratulated Mr. Dolan on his new
position and his efforts on behalf of the Federation and the District.
b,
COUNSEL FOR THE DISTRICT
Mr. Kenton L. Aim, Counsel for the District, reported that several weeks ago the
District became aware of a letter sent by Pacific Rim Recycling to all the cities in the
District's franchise area offering commercial recycling services. At that time it was
staff's position that the franchise agreement and the law allow the District to provide
exclusive franchises to our franchisees with the exception of some limitations with regard
to certain recyclables that are being sold for value. Mr. Aim stated that he had indicated
that he would send a letter to Pacific Rim Recycling advising them of the exclusive
franchises. However, a problem has come up with regard to AB 939 which states that
it is illegal for anyone to pick up recyclables at the curb other than the designated
representatives of cities and counties. The language in AB 939 does not mention sanitary
districts. For that reason, staff is now going to each city and asking them to designate
authority to the District to designate recycling agents. The District intends to designate
our franchisees as long as they live up to the recycling portion of the franchise agreement.
The Board agreed, indicating that it could be very costly to the ratepayers if the valuable
recyclables are taken out of the waste stream.
"
;"'10' 18'" 90
190
c,
SECRETARY OF THE DISTRICT
None
d.
BOARD MEMBERS
1) Member Rainey reported that the Central Contra Costa Solid Waste
Authority held its first meeting on October 9, 1990. The main topic of discussion was
the organization of the Authority. Mr. Fred Messreni of the City of San Ramon was
elected Chair, Mr. Matt Mattson of the City of Walnut Creek was elected Vice Chair, Mr.
Herb Moniz of the City of San Ramon was appointed Interim Administrator, Mr. Don
Blubaugh of the City of Walnut Creek was appointed Treasurer/Controller, and Ms. Joyce
Murphy of Central Contra Costa Sanitary District was appointed Secretary of the
Authority. The next meeting is scheduled for October 25, 1990.
2) Member Rainey reported that the Solid Waste Commission and the AB 939
Task Force met this week. The Solid Waste Commission now meets only as needed and
fully expects to dissolve upon the formation of the County-wide Solid Waste JPA.
3) Member Clausen reported that the Export Negotiating committee recently
met with Alameda County. Things are proceeding smoothly with regard to a two-year
extension of the time for use of Altamont Landfill. Member Clausen stated that concern
was expressed with regard to Measure E on the November ballot. Member Clausen
recommended that the Board reaffirm its position supporting both landfill sites, since both
sites are vital to handling the solid waste problem in Contra Costa County. If individual
Board Members wish to oppose Measure E, they should contact Ms. Linda Best, of the
Committee Opposing Measure E, at 938-7870.
1 2. ANNOUNCEMENTS
Mr. Robert A. Baker, Deputy Chief Engineer, reported that a problem has been
encountered on the M-2 Parallel Force Main Project, District Project 4610. Petroleum
waste and vapors have been found in an 800-foot stretch of easement between to LT.
waste ponds. The contractor on the job is not insured for hazardous waste situations.
The owner of the contracting company, Fee Construction, Inc., has been given Health and
Safety Guidelines and other safety procedures and training. The owner of Fee
Construction, Inc. intends to do the trenching himself and a time and materials change
order has been negotiated with him. If this solution is not viable, it may be necessary to
bring in a specialty subcontractor. This could result in significant delays, perhaps
resulting in wet weather impacts on the job. Mr. Baker requested Board approval of a
change order for this work in excess of $50,000 and also for approval of addition of a
subcontractor should it become necessary. This matter is. the subject of a Special
Meeting which will immediately follow the Regular Board Meeting.
1 3. CLOSED SESSION
a.
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. The
titles of the litigation are not being disclosed because to do so would jeopardize the ability
of the District to effectuate service of process or to advantageously conclude existing
settlement negotiations.
At 6:40 p.m., President Carlson declared the closed session to discuss litigation
pursuant to Government Code Section 54956.9-(c). At 7:05 p.m., President Carlson
concluded the closed session and reconvened the meeting into open session.
14. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION
President Carlson stated that the District is authorized to hire special counsel with
regard to the Pleasant Hill Redevelopment Agency matter.
10.
18
90
191
15. ADJOURNMENT
There being no further business to come before the Board, President Carlson
adjourned the meeting at the hour of 7:06 p.m., to reconvene at 6:30 p.m. on
October 25, 1990, at the Velvet Turtle, 100 Chilpancingo Parkway, Pleasant Hill,
California, for a meeting with Sewer and Water Agencies of Contra Costa County to
discuss common issues including water quality and solid waste planning.
/Úúr2L-.
President of the Board of Directors,
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
Se r t' ry of the Central ntra
Co ta Sanitary District, County of
Contra Costa, State of California
1.0., 1,-8:, 9'0,