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HomeMy WebLinkAboutBOARD MINUTES 04-21-88 52 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON APRIL 21,1988 The Di strict Board of the Central Contra Costa Sani tary Di strict convened i n a regul ar meeti ng at its regul ar pl ace of meeti ng, 5019 Imhoff Place, Martinez, Coun~ of Contra Costa, State of California, at 7:30 p.m. on April 21, 1988. President Rainey called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: æSENT: Members: Boneysteele, Dalton, Clausen, Carlson, Rainey Members: None II. PUBLIC COMMENTS Mrs. Vicki Murgia, 326 Well ington Avenue, Clyde, addressed the Board rel ative to Item X.2 oJ property damage cl aim from Robert J. and Vicki Murgia.Mrs. Murgia disagreed with the statement in the position paper that the side sèwer in question was not part of the 1971 sewer rehabilitation project. Mrs. Murgia stated that she has a map that shows that the side sewer was part of the rehabilitation project. Mrs. Murgia indicated that she would be willing to work with staff in an effort to resolve this problem. Mr. Roger J. Dol an, General Manager-Ch ief Engi neer, stated that staff woul d recommend that the Board deny the property damage cl aim for the reasons set forth in the position paper. Staff would like to work with the Murgias to try to assist them in resolving this problem. Mr. James L. Hazard, Counsel for the District, stated that he has reviewed the documents and has seen nothing that would show that this is anything other than a private side sewer. Mr. Hazard concurred with the staff recommendation that this claim be denied. Following discussion by the Board, there was a consensus that the property damage cl aim received from Robert J. and Vicki Murgi a of 326 Wellington Avenue, Clyde, be continued to allow Mrs. Murgia to meet with staff in an effort to resolve this matter. In response to a question from Mr. Jack Campbell, Administrative Operations Manager, Mrs. Murgia stated that she was not being represented by counsel at that time. Mrs. Murgia thanked the Board for consideration of her req uest. Mr. Scott Gordon, attorney representing Mr. Winton Jones, addressed the Board relative to Item XIII.b., the amendment t~ an existing agreement with Peter and Kirsten Bedford. Mr. Gordon requested that this matter be held over pending the outcome of the Negative Declaration proceedings. President Rainey disqualified herself stating that a member of her firm is involved with the Concord Blue Devils, the proposed occupants of the Bedford property. President Rainey turned the mèeting over to President Pro Tem Boneysteele, excused herself, and did not participate in this matter. President Pro Tern Boneysteele proceeded with the discussion of the matter at hand. Mr. Dolan, General Manager-Chief Engineer, stated that at the Board's request, this item was continued to this Board meeting. Staff investigated comments made by Mr. Winton Jones at the April 7 Board meeting and concluded that this item should be held until the qoun~ land use deci sions have been made and the CEQA process has been compl eted. Unless the Board directs otherwise, that would be staff's intention. Ms. Lynn Morri son, representi ng Bedford Properti es, reported that this matter will go before the County Planning Commi?sion Board of ~..,,; ,:..., '., , , " .' t '!. .~ " ,. 04 21 88 '. -; ',. 53 Appeals on April 26, 1988. answer any questions. Ms. Morris~n indicated she would be happy to Hearing none, President Pro Tem Boneysteele returned the meeting to President Rainey who continued with the order of the agenda. III. CONSENT CALENDAR It was moved by Member Carlson and seconded by Member Dalton, that the Consent Calendar, consisting of eleven items, be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. 1. Resolution No. 88-048 accepting an easement at no cost to the District from R. L. SHAKLEE, Lafayette area (Job 4366 - Parcel 2) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Carl son, Dalton, Boneysteele, Cl ausen, Ra i ney NOES: Members: None ABSENT: Members: None 2. Resolution No. 88-049 accepting an easement at no cost to the District from J. E. TOMKINS, et ux, Lafayette area (Job 4366 - Parcel 3) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Carl son, Dalton, Boneysteel e, Cl ausen, Ra i ney NOES: Members: None ABSENT: Members: None 3. Resolution No. 88-050 accepting an easement at no cost to the District from R. A. NOZIK, Lafayette area (Job.4366 - Parcel 4) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Carl son, Dalton, Boneysteele, Clausen, Ra i ney NOES: Members: None ABSENT: Members: None 4. Resolution No. 88-051 accepting an easement at no cost to the District from KAUFMAN & BROAD OF NORTHERN CALIFORNIA, Danville area (Job 3499 Parcel 5) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Carl son, Dalton, Boneysteele, Cl ausen, Ra i ney NOES: Members: None ABSENT: Members: None 5. Resolution No. 88-052 accep~ing an easement at no cost to the District from D. D. JENKINSON, et ux, Orinda area (Job 4427 - Parcel 2) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Carl son, Dal ton, Boneysteel e, Cl ausen, Ra i ney NOES: Members: None ABSENT: Members: None O~'" 2 ¡, 8 ß, 1 .. ' ' 54 6. Resolution No. 88-053 accepting an easement at no cost to the District from RAYMOND L. QUON, et ux, Orinda area (Job 4286 - Parcel 1) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Carl son, Dalton, Boneysteele, Clausen, Ra i ney NOES: Members: None JlBSENT: Members: None 7. Quitclaim Deed to JOSEPH S. CONNERY, et ux, Job No. 4378 - Parcel 4, was approved, the President of the District Board of Directors and the Secretary of the District were authorized to execute and record said Quitclaim Deed, and Resolution No. 88-054 was adopted to that effect. Motion unanimously approved on the following vote: AYES: Members: Carl son, Dalton, Boneysteele, Cl ausen, Ra i ney NOES: Members: None JlBSENT: Members: None 8. Authorization was given for P.A. 88-10 (Danville) included in a future formal annexation to the District. to be Motion unanimously approved on the following vote: AYES: Members: Carlson, Dalton, Boneysteele, Clausen, Rainey NOES: Members: None ABSENT: Members: None 9. A public hearing date of May 19, 1988, was established to consider Annexation 99, "Shadow Creek Annexation," as amended by Local Agency Formation Commission, Dame Construction Company, Developer. Motion approved on the follow i ng vote: AYES: Members: Carl son, Dalton, Boneysteele, Rainey NOES: Members: None JIB SENT: Members: None JlBSTAIN: Members: Clausen It was noted for the record that Member Cl ausen abstai ned because the firm with which he is associated, Thiessen, Gagen & McCoy, represents Dame Construction Company. 10. 11. JIB SENT: The Board was advised of the close out of the Mechanical Maintenance and Materials Control Building Project <District Project 20027) and the return of $36,028 to the Treatment Plant Program Budget. This item was presented for th~ Board's information. No action was taken. The attendance of Ken F. Laverty, Purchasing and Materials Officer, at the National Association of Purchasing Management Annual Conference in Nashville, Tennessee, was approved. Motion unanimously approved on the follow i ng vote: AYES: Members: Ca rl son, Dalton, Boneysteele, Clausen, Ra i ney NOES: Members: None Members: None . < 04~'2ì'.88;\ 55 CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Mr. Dolan, General Manager-Chief Engineer, requested that Item XV.1., Closed Session, and Item IX., Solid Waste, be taken out of order to accommodate interested persons in the audience. There being no objection, President Rainey proceeded to Item XV.1., Closed Session. XV. QOSED SESSION LPBOR RELATIONS 1. The closed session was held pursuant to Government Code Section 54957, to meet with designated representatives prior to and during consultations and discussions with representatives of employee organizations regardi ng the sal aries, sal ary schedul es or compensation paid in the form of fringe benefits in order to review its position and instruct its designated representatives. At 7:56 p.m., President Rainey declared the closed session to . discuss labor relations. At 8:16 p.m., President Rainey çoncluded the closed session and reconvened the meeting into open session. XVI. ACTIONS RESULTING FROM DISCUSSIONS IN QOSED SESSION None At this time, President Rainey proceeded to Item IX., Solid Waste. IX. SOL ID WASTE 1. CONSIDER DISTRICT PARTICIPATION IN JOINT POWERS AGREEMENT TO DEAL WITH SOLID WASTE MATTERS Mr. Dolan, General Manager-Chief Engineer, stated that Mr. Bob Hilton, of Price Waterhouse, was commissioned by the Central County solid waste franchisers to study the feasibllity of a joint powers agreement within Central Contra Costa County to deal with various solid waste issues. Mr. Dolan introduced Mr. Bob Hilton, of Price Waterhouse. Mr. Hilton described the process and approach used in the feasibility study and the areas of concern to the potential solid waste joint powers authority which include disposal activities, effective authority through waste stream control, and sharing in the cost of studies. Mr. Hilton reviewed the authority, organization, and powers being considered and the assessment made with regard to activities to be performed, agencies and personnel involved, management of activities, and adaptation to change, as set forth in the feasibility study distributed with the agenda packets. In cl osi ng, Mr. Hll ton summarized the conclusions of the feasibility study as follows: the JPA's activities are well considered and organized to reflect the common concerns of the agencies involved; the agencies involved have the authority to implement the JPA's policy recommendations; the authority of the JPA is clearly defined and the powers properly assigned with adequate controls; and the JPA can adapt to changes in the solid waste issues facing the County. Member Clausen thanked Mr. Hilton for his presentation and for his assistance to the committee. Member Clausen stated that in his opinion the staff recommendation is appropriate. It does not commit the Board but it may begin the process to solve the County-wide solid waste problem. Follow i ng di scussion of proj ect financi ng and private/public ownership issues, it was moved by Member Clausen and seconded by Member Daìton, that the Di strict endorse the concept of a joi nt powers agency and take the next step in the development of a joi nt powers agency to deal with solid waste issues and that District Counsel be authorized to assist other franchising agency counsels in drafting a joint powers agreement, as appropriate, for final action by each of the franchising agencies. There being no objection, the motion was unanimously approved. 04 :21 ,8~\.'.. 56 At this time, President Rainey returned to the order of the agenda. IV. TREATMENT PLANT. 1. AUTHORIZE EXCEPTION TO THE DISTRICT STANDARD BIDDING PROCEDURE FOR THE RETROFIT WORK NECESSARY FOR THE WASTEWATER REQAMATION DEMONSTRATION PROJECT Mr. Dolan, General Manager-Chief Engineer, stated that as we near the deadline for start-up of the Demonstration Reclamation Project, both this District and Contra Costa Water District are exerting a great deal of effort to retrofit the faclliti es. Because the work req ui red i s modest, but in one case exceeds the $10,000 bidding limit, staff requests that the Board authorize exception to the District bidding procedures on the grounds that it would be in the public's best interest. Member Clausen stressed the importance of the public bidding process and stated that he woul d vote for .th i s exception to the standard bi ddi ng procedure only on the basis of the shortness of time and the need for recl aimed water caused by the serious near drought conditions. Mr. Hazard, Counsel for the District, reviewed the two alternative grounds on which the Board could approve this exception to the District standard bidding procedure. It was moved by Member Clausen and seconded by Member Dalton, that exception to the District standard bidding procedure for the retrofit work on the Wastewater Reclamation Demonstration Project be authorized as being in the public's best interest based on the great public calamity. There being no objection, the motion was unanimously approved. V. COLLECTION SYSTEM 1. AUTHORIZE PURŒlASE OF EQUIPMENT TO TRANSPORT WATER TO SUPPORT CSOD MAINTENANCE ACT IV ITIES AND AUTHORIZE $78,000 FROM. ,THE SEWER CONSTRUCTION FUND FOR THE GENERAL IMPROVEMENTS PROGRAM CONTINGENCY ACCOUNT Mr. Dolan, General Manager-Chief Engineer, reported that East Bay Municipal Util ity District (EBMUD) staff has recommended to their Board that water used for sewer flushing be eliminated in an effort to conserve water. The EBMUD Board has not taken action to date; however, the date ~f the ban in tentatively set at June 1, 1988. The maintenance activities of the Collection System Operations Department are dependent on the hydrofl ush unit. For that reason, it is recommended that the Di strict purchase equipment to transport recl aimed water for this use. If the EBMUD Board continues to permit the use of hydrant water for this purpose, the District woul d not purchase the equipment. At the end of the drought, the equipment purchased would be sold. Buying and reselling the equipment would be more economical than renting. Mr. Dolan reported that th is matter was di scussed with the Capi tal Proj ects Committee and Member Carlson's suggestion that only one tractor be purchased to ferry the trailers from one site to another was incorporated into the position paper. . Member Carl son questioned whether it woul d be cost effective to continue using the equipment after the drought. It was decided that the decision to sell the equipment will be deferred until after the drought. It was moved by Member Carl son and seconded by Member Cl ausen, that the purchase of equipment to ~ransport water to support CSOD maintenance activ iti es be authorized and that $78,000 be authorized from the Sewer Construction Fund for the General Improvements Program Contingency Account. There bei ng no obj ecti on, the moti on was unanimously approved. VI. APPROV AL OF EXPENDITURES 1. EXPENDITURE LIST DATED APRIL 21,1988 Member Dal ton, member of the Budget and Fi nance Committee, stated that he ~nd Member Boneysteele reviewed the expenditures and found them to be satisfactory. . , 04:( 2 i- 88' '; 57 It was moved by Member Dal ton and seconded by Member Boneysteel e, that the Expenditure List dated April 21, 1988, including Self-Insurance Check Nos. 100260-100261, Running Expense Check Nos. 38651-38956, and Sewer Construction Check Nos. 5588-5649, be approved as recommended. There being no objection, the motion was unanimously approved. VII. BUDGET AND FINANCE 1. APPOINTMENT OF DISTRICT AUDITOR Member Boneysteele reported that he, Member Dalton, and Messrs. Paul Morsen and Walter Funasaki reviewed the three proposals submitted for audit of the District's financial statements. Interviews were conducted. It is the committee's recommendation that the firm of Johnston, Gremaux & Rossi be appointed as the District auditor. It was moved by Member Boneysteele and seconded by Member Dal ton, that Johnston, Gremaux & Rossi, Certified Public Accountants, be appointed as District auditor beginning the fiscal year ending June 30, 1988. Motion approved on the following vote: AYES: Members: Boneysteel e, Dalton, Clausen, Rainey NOES: Members: None .ÞBSENT: Members: None .ÞBSTAIN: Members: Carl son It was noted for the record that Member Carl son abstai ned and di d not participate in the discussion because the firm of Johnston, Gremaux & Rossi is the accountant for his business. President Rainey stated that the firm is her personal acc9untant as well but that she was advised previously by Counsel for the District that it was not necessary for her to abstain. Mr. Hazard, Counsel for the District, stated that if a Board Member has done work for the Johnston, Gremaux & Rossi firm or if the Johnston, Gremaux & Rossi firm has given $250 or more in contributions to a Board Member, it woul d be necessary for that Board Member to abstai n from participating in the discussion or voting on this matt,r. 2. RECEIVE MARCH 1988 FINANCIAL STATEMENTS Mr. Walter N. Funasaki, Finance Officer, presented the Operations and Maintenance revenue report for the nine months ended March 31,1988, reporti ng that 'revenues were $211,000 greater than budget,. representi ng a 1.9 percent favorable variance. Mr. Funasaki reviewed the results of Operati ons and Mai ntenance expenses for the month of March 1988, noti ng that expenses were $88,000 less than budget, representing a 5.0 percent favorable variance. Year-to-date expenses were $219,000 less than budget, representi ng a 1.5 percent favorabl e variance. The Di strict's temporary investments were held in collateralized certificates of deposit, bankers' acceptances, and the District's Local Agency Investment Fund (LAIF) account with interest rates ranging from 7.9 percent to 6.2 percent. The latest interest rate at the end of March was 6.9 percent. The average yield for the LAIF account through February 1988 was 8.05 percent. Mr. Funasaki stated that he will submit a report as requested by the Board on the proposed change to the Di strict i nvestment policy i n the area of permissible investments. This report will be submitted at the first Board meeting in June. Member Boneysteele again 'stated his concern that the risk involved with certain investments is not worth the reward. Mr. Jay S. McCoy, Construction Division Manager, provided an update on the San Ramon Valley Interceptor Project. Mr. McCoy reported that approximately $5.4 million has been expended to date, representi ng about 70 percent of the contract price. Slides of the air jumper pipe, street crossing in downtown Danville, and the shield for the pipe used under the Danville Home Improvement Center were shown. 04/21 88 58 ' At the conclusion of the reports, President Rainey declared that the March 1988 financial statements were duly received. 3. RECEIVE THE DRAFT FISCAL YEAR 1988-89 CAPITAL IMPROVEMENT BUDGET AND THE DRAFT 1988 TEN-YEAR CAPITAL IMPROVE~ Mr. Dol an, General Manager-Ch ief Engi neer, stated that the draft 1988-89 Capital Improvement Budget and draft 1988 Ten-Year Capital Improvement Plan are the combined efforts of Messrs. Jarred Miyamoto-Mills, Jim Coe, Mohammad Qureshi, Jim Kelly, Robert Baker, and many others who have contributed to the budget formul ation. Mr. Dol an introduced Mr. Robert A. Baker, Deputy Chief Engineer, who summarized the critical issues facing the District. Those issues include: 1) Compliance with regulations 2) Accommodation of growth 3) Replacement and upgrade of facilities 4) Improvement of services and reduction of cost Mr. Baker reviewed the financial history of the District inflated to 1988 doll ars for comparison and presented the strategy recommended by staff for rate considerations leading to a balanced Capital Improvement Budget. Staff' anticipates that a rate review package will be presented to the Board for consideration in November or December of this year. Board review of the Capital Improvement Plan will be provided for at the time of rate setting. In the future, staff recommends that. Capital Improvement Plan submission and approval and capital rate review activities occur annually in the fall. Mr. Baker introduced Mr. James R. Coe, Associate Engineer, who distributed and briefly highlighted the Capital Improvement Budget and Ten-Year Capital Improvement Plan. At the conclusion of the presentation, President Rainey noted that the 1988-1989 Capital Improvement Budget and draft 1988 Ten-Year Capital Improvement Plan were duly received for review. VIII. PERSONNEL 1. APPROVE PERSONNEL BUDGET R81UESTS FOR FISCAL YEAR 1988-1989 Member Clausen indicated that the Personnel Committee has provided a report to the Board Members of the rev few of the Personnel Budget requests. If the Capital Improvement Budget and Capital Improvement Plan are approved, additional employees will be needed. However, some positions are necessary even if the District does not undertake all of the projects in the Capital Improvement Budget and Capital Improvement Plan at this time. Mr. Dolan, General Manager-Chief Engineer, thanked the Personnel Committee for their report and for the identification of a vital issue. That is, the pace at which projects identified in the Capital Improvement Plan are completed. Mr. Dolan reviewed the Personnel Budget requests and indicated that the proposed Personnel Budget is a flexible document which can be changed or modified. Several of the requested positi~ns are being proposed to enable the District to perform in-house activities which are currently being performed by consultants and outside services. A discussion followed concerning the sequence of approval of the Capital Improvement Plan and Budget, the Personnel Budget, and the 0 & M Budget. It was moved by Member Clausen and seconded by Member Carlson, that the Personnel Budget for Fiscal Year 1988-1989 identified as items one through ten in the position paper, be approved for inclusion in the final budget scheduled for adoption on June 16, 1988. There being no objection, the motion was unanimously approved. IX. SQ ID WASTE 1. CONSIDER DISTRICT PARTICIPATION IN JOINT POWERS PßREEMENT TO DEAL WITH SOLID WASTE MATTERS This item was taken out of order earlier in the agenda. 04 "21 ","88;~ 59 X. LEGAL/LITIGATION CONSIDER QAIMS AND LATE QAIM APPLICATIONS FROM RœERT & BARBARA KIERSEY AND THOMAS & THERESE WARNE OF ST. JAMES COURT, DANVILLE 1. Mr. Hazard, Counsel for the District, requested that this matter be held pending discussion in closed session. The Board concurred. 2. DENY PROPERTY DAMAGE QAIM RECEIVED FROM RœERT J. AND VICKI MURGIA OF 326 WELLINGTON AVENUE, Q YDE This item was taken out of order earlier in the agenda. XI. CORRESPONDENCE 1. LETTER FROM MR. VINCENT E. NElSON CONCERNING QAIM FOR REPAIRS AND MEMORANDUM FROM MR. JOHN LARSON, COLLECTION SYSTEM OPERATIONS DEPARTMENT MANAGER . Receipt of the letter from Mr. Vincent E. Nelson concerning the cl aim for automobi 1 e damage repai rs and the mEmorandum from Mr. John Larson, Collection System Operations Department Manager, was acknow 1 edged. Mr. Jack E. Campbell, Administrative Operations Manager, reviewed the procedures and authority limits for settlement of claims. 2. LETTER FROM MR. JAMES A. PEZZAGLIA. DENYING THE. DISTRICT'S REQUEST FOR REV IEW OF ACME'S QJRRENT G-OSURE. AND POSrQ.OSURE PROJ ECTIONS' BY THE FIRM OF PRICE WATERHOUSE. Mr. Hazard, Counsel for the District, stated that the Board has been provided with a letter pointing out that last year the District made a simil ar req uest of Acme Fill and they concurred. Paragraph 30 of the franchise agreement with each collector provides that in so far as an affiliated entity is concerned, the District is entitled to receive certain information. Orinda-Moraga Disposal and Pleasant Hill Bay Shore Disposal are affiliated entities from the information we currently have. That is no longer the case with Valley Waste Management however. Mr. Hazard recommended that since Acme Fill is no longer willing to provide vol untary access to thei r financial data, that the District request Orinda-Moraga Disposal and Pleasant Hill Bay Shore Disposal to provide either audited financial statEments or to allow Price Waterhouse to review Acme Fill's financial records to determine whether the Acme Fill tipping fee increase is a reasonable fee to be passed through in the rate increase.' It was the consensus of the Board that this information is necessary to establish the refuse collection rates and that staff be di rected to send a letter so advising the collectors. It was noted for the record that Member Carl son refrai ned from any discussion or decision on this matter. XII. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None XIII. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a. Mr. Dolan, General Manager-Chief Engineer, reported that at the request of Mr. Michael Dillon, CASA Executive Director, information concerning the passage of Assembly Bill 1350 (Cortese) has been provided to the Board. This bill clarifies and improves our ability to levy charges for capital facilities on new public buildings. b. The status report of Amendment No.1 to the existing agreement with Peter and Kirsten Bedford was taken out of order earlier in the agenda. 04 '21 8S" 60 c. Mr. Dolan provided an update on the District-wide records management program. Mr. Dol an stated that a request i n the amount of $17,630 to automate the records management program will be presented to the Board in the Equipment Budget. d. Mr. Dolan indicated that staff responses to the Board questionnaire were distributed with the agenda packet. Mr. Dolan thanked the Board for their thoughtful and constructive comments. Many changes have already been implemented as a result of the suggestions. 2. COUNSEL FOR THE DISTRICT None 3. SECRETARY OF THE DISTRICT None 4. BOARDMEMB ERS a. Member Boney steel e reported on AWWA Spri ng Meeti ng hel d i n Concord. Among the topics discussed were deregulation of gas purchases, water rights, and water recl amation. A tour of the Contra Costa Water Di strict Carver-Greenfiel d pl ant was conducted. Ms. Joye Kurasaki, of Central Contra Costa Sanitary District, made a very informative presentation on the feasibility of using reclaimed water for cooling tower make-up. b. Member Dalton reported on the Waste Management tour of the San Jose recycling facility. c. Member Boneysteele reported on the April 20, 1988 Regional Recycling Advisory Committee meeting at which the area recycling programs were discussed. d. Member Clausen thanked the Board for approval of the Solid Waste J PA concept. XIV. ANNOUNCEMENTS None xv. QOSED SESSION 1. LPeOR RELATIONS This item was taken out of order earlier in the agenda. EXISTING LITIGATION 2. The closed session was held to discuss existing litigation pursuant to Government Code Section 54956.9(a). The title of the litigation discussed was: San Ramon Valley Interceptor, Parcel 32 Condemnation No. 302240 3. SIGNIFICANT EXPOSURE TO LITIGATION Pursuant to Government Code Section 54956.9(b), a point has be'en reached were in the opinion of the Board of Directors of the Central COntra Costa Sanitary Di strict on the adv ice of its Counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the District. At 11:16 p.m., President Rainey declared the closed session to discuss litigation pursuant to Government Code Section 54956.9(a) and (b). At 11:29 p.m., President Rainey concluded the closed session and reconvened the meeting into open session. 14:..,.,.21 .88.;. ..'" . . ." ~ ~ . '.: XVI. ACTIONS RESULTING FROM DISCUSSION IN ClOSED SESSION At this time President Rainey returned to Item X., Legal/Litigation. X. L EGALI LITIGATION 1. CONSIDER QAIMS AND LATE QAIM APPLICATIONS FROM ROOERT & BARBARA KIERSEY AND THOMAS & THERESE WARNE OF ST. JAMES COURT, DANVILLE . It was moved by Member Clausen and seconded by Member Carlson, that the applications for late claims from Robert and Barbara Kiersey and Thomas and Therese Warne of St. James Court, Danv1l1e, be granted and that the claims from the same parties be denied. There being no objection, the motion was unanimously approved. XVII. ADJ OURNMENT There being no further business to come before the Board, President Rainey adjourned the meeting at the hour of 11:30 p.m., to reconvene in Regular Session at 3:00 p.m. on Thursday, May 5,1988. ~. COUNTERSIGNED: \ ! ! . .. ; n i/~ .( SeJ~~t-~r;" of' the ¡"~~~aì'-Contra casta Sanitary District, County of Contra Costa, State of California 04. 2,}. 61 88: