HomeMy WebLinkAboutBOARD MINUTES 01-22-87
5
MINUTES OF THE REGULAR BOARD MEETING
OF THE DI STRI CT BOARD OF THE CENTRAL CONTRA
COSTA SANITARY DISTRICT HELD ON JANUARY 22, 1987
The District Board of the Central Contra Costa Sanitary District
convened in a regul ar meeti ng at its regul ar pl ace of meeti ng, SO19
Imhoff Pl ace, Marti nez, County of Contra Costa, State of Cal iforni a, at
7:30 p.m., on January 22,1987.
President ~ausen called the meeting to order and requested that the
Secretary call roll.
1.
ROLL CALL
PRESENT:
Members:
Boneysteele, Dalton, McNulty, Carlson, Clausen
ABSENT:
Members:
None
II.
PUBLIC COMMENTS
None
III.
APPROV AL OF MINUTES
1.
MINUTES OF JANUARY 8, 1987
It was moved by Member Carlson and seconded by Member McNulty, that
the minutes of January 8, 1987, be approved as presented. There being no
objection, the motion was unanimously approved.
IV.
BIDS AND AW ARDS
1.
AUTHORIZE AWARD OF CONTRACT, FOR REMODELING OF THE WALNUT CREEK
OFFICE FACILITY (DP 20047) AND AUTHORIZE EXPENDITURE FROM THE SEWER
CONSTRUCTION FUND
Mr. Roger J. Dolan, General Manager-Chief Engineer, advised that
this item appeared on the last Board Meeting agenda. The bids came in
higher than the architect's estimate so staff requested that this item be
held pending a more detailed review. Since that time Board Member
Carl son met with staff, the contractor, and the architect. Mr. Dol an
introduced Mr. Paul Morsen, Deputy General Manager, who presented a
detailed cost breakdown.
Member Carlson reported that he did meet with staff, the contractor,
and the architect. Prior to that meeting, Member Carlson reviewed the
plans and specifications for the project. Member Carlson stated that
after reviewing the plans and specifications, visiting the site, meeting
with the responsible parties, and reviewing the detailed cost breakdown,
he is prepared to recommend that we proceed with this project.
It was moved by Member Carlson and seconded by Member Dalton, that
award of the contract for construction of District Project 20047 be
authorized to Malpass Construction Company in the amount of $218,SOO and
that $199,976 be authorized from the Sewer Construction Fund. Motion
unanimously approved on the following roll call vote:
AYES:
Members:
Carlson, Dalton, Boneysteele, McNulty, Clausen
NOES:
Members:
None
,ABSENT:
Members:
None
Mr. Dolan thanked Board Member Carlson
suggestions with regard to this project.
for
his
constructive
2.
AUTHORIZATION TO AWARD PUROiASE ORDER FOR $SO,2S7.3S TO 3T EQUIPMENT
COMPANY FOR FURNISHING AND INSTALLING A HIGH VELOCITY SEWER QEANING
UNIT
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Mr. Dolan, General Manager-Chief Engineer, stated that this item wàs
i ncl uded in the 1986-1987 Equi pment Budget. The bi d from the lowest
bidder, Arata Equipment Company, is not responsive to the technical
specifications in three major areas. Staff would recommend that the bid
of Arata Equipment Company be rejected as nonresponsive and that award of
purchase order be authorized to 3T Equipment Company.
It was moved by Member Dalton and seconded by Member McNulty, that
the bid received from Arata Equipment Company be rejected on, the basis
that it is nonresponsive to the Bid Request and that the award of a
purchase order be authorized for $SO,2S7.3S to 3T Equi pment Company for
furnishing and installing a high velocity sewer cleaning unit. Motion
unanimously approved on the following roll call vote:
AYES:
Members:
Dalton, McNulty, Boneysteele, Carlson, Clausen
NOES:
Membe rs :
None
ABSENT:
Members:
None
v.
CONSENT CALENDAR
It was moved by Member,McNulty and seconded by Member Dalton, that
the Consent Calendar, consisting of fifteen items, be approved as
recommended, resolutions adopted as appropriate, and recordings duly
authorized.
1.
Resol uti on No. 87-003 accepti ng an easement at no cost to the
District from B. LANDRY, Walnut Creek area (Job 4076 - Parcell
(ptn» was adopted and recording authorized.
Motion unanimously approved on the following vote:
AYES: Members: McNulty, Dalton, Boneysteele, Carlson, Clausen
NOES: Members: None
ABSENT: Members: None
2.
Resolution No. 87-004 accepting an easement at no cost to the
District from T. R. PRATER, et ux, Walnut Creek area (Job 4076-
Parcell (ptn» was adopted and recording authorized.
Motion unanimousl y approved on the following vote:
AYES: Members: McNulty, Dalton, Boneysteele, Carl son, Cl ausen
NOES: Members: None
ABSENT: Members: None
3.
Resol uti on No. 87-00S accepti ng an easement at no cost to the
District from B. A. HANSEN, et al, Walnut Creek area (Job 4076-
Parcell (ptn» was adopted and recording authorized.
Motion unanimously approved on the following vote:
AYES: Members: McNulty, Dal ton, Boneysteele, Carl son, Cl ausen
NOES: Members: None
ABSENT: Members: None
4.
Resol uti on No. 87-006 accepti ng an easement at no cost to the
District from J. N. BONAVITO, et ux, Walnut Creek area (Job 4076
- Parcell (ptn» was adopted and recording authorized.
Motion unanimously approved on the following vote:
AYES: Members: McNulty, Dalton, Boneysteele, Carlson, Cl ausen
NOES: Members: None
0;;'1:
ABSENT:" Memb:er~: None
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s.
Resol uti on No. 87-007 accepti ng an easement at no cost to the
District from C. R. KING, et ux, Martinez area (Job 427S -
Parcel S) was adopted and recording authorized.
Motion unanimousl y approved on the following vote:
AYES: Members: McNul ty, Dalton, Boneysteele, Carl son, Cl ausen
NOES: Members: None
ABSENT: Members: None
6.
Resol uti on No. 87-008 accepti ng an easement at no cost to the
Di stri ct from C. R. KING, et ux, Marti nez area (J ob 4275 -
Parcel 6) was adopted and recording authorized.
Motion unan i mousl y approved on the following vote:
AYES: Members: McNulty, Dalton, Boneysteele, Carlson, Cl ausen
NOES: Members: None
.ABSENT: Members: None
7.
Resol uti on No. 87-009 accepti ng an easement at no cost to the
District from C. R. KING, et ux, Martinez area (Job 427S -
Parcel 7) was adopted and recording authorized.
Motion unanimously approved on the following vote:
AYES: Members: McNulty, Dalton, Boneysteele, Carlson, Cl ausen
NOES: Members: None
.ABSENT: Members: None
8.
Resol uti on No. 87-010 accepti ng an easement at no cost to the
District from DANVILLE MEADOWS, Danville area (Job 4163 - Parcel
4) was adopted and recording authorized.
Motion unanimousl y approved on the following vote:
AYES: Members: McNulty, Dalton, Boneysteele, Carlson, Cl ausen
NOES: Members: None
.ABSENT: Members: None
9.
Resolution No. 87-011 was adopted confirming that publication of
District Ordinance No. 161, relating to compensation of Board
Members, has been made.
Motion unanimously approved on the following vote:
AYES: Members: McNulty, Dalton, Boneysteele, Carlson, Cl ausen
NOES: Members: None
.ABSENT: Members: None
Resolution No. 87-012 was adopted confirming that publication of
District Ordinance No. 162, adopting Rossmoor fixture charges,
has been made.
Motion unanimously approved on the following vote:
AYES: Members: McNulty, Dal ton, Boneysteele, Carlson, Cl ausen
NOES: Members: None
ABSENT: Members: None
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11.
Agreement with GSF Energy, Inc. for pipelines crossing the
District outfall sewer located in the vicinity of the Acme Fill
Corporation's landfill site in Martinez was approved, execution
authorized, and Resolution No. 87-013 adopted.
Motion unanimousl y approved on the following vote:
AYES: Members: McNulty, Dal ton, Boneysteele, Carl son, Clausen
NOES: Members: None
.ABSENT: Members: None
12.
The Board was advi sed of the cl ose out of the Storm Damage
Repair Project at Raintree Place, Lafayette COP 4060) and the
return of $9,SIS to the Sewer Construction Fund.
13.
The Board was advi sed of the cl ose out of the Storm Damage
Repair Projects at Hillcrest Drive, Orinda (DP 3886) and Moraga
Sl ide I-A, Moraga COP 4223) and the return of $15,510 to the
Sewer Construction Fund.
14.
$9,900 was authorized from the Sewer Construction Fund for the
construction of four new manholes in the District's collection
system.
Motion unanimously approved on the following vote:
AYES:
Members:
McNulty, Dalton, Boneysteele, Carlson, Clausen
NOES:
Members:
None
ABSENT:
Members:
None
15.
Attendance by the Finance Officer at the GFOA Conference titled
"Advanced Financial Reporting for Governments" on February 9-11,
1987 in Reno, Nevada, was approved.
Motion unanimously approved on the following vote:
AYES: Members: McNulty, Dalton, Boneysteele, Carlson, Cl ausen
NOES: Members: None
.ABSENT: Members: None
CALL FOR REQUESTS TO CONSIDER ITEMS OJT OF ORDER
None
VI.
ENGINEERING
1.
AUTHORIZE THE GENERAL MANPGER-Q-IIEF ENGINEER TO EXEClITE AN AGREEMENT
WITH MACKAY & SOMPS AND AUTHORIZE $27 ,000 FROM THE SEWER
CONSTRUCTION FUND FOR DESIGN OF DISTRICT PROJ ECT NO. 4326, NORTH
CONCORD/CL YDE SEWER IMPROVEMENT,' PHASE II
Following explanation by Mr. Dolan, General Manager-Chief Engineer,
President Clausen inquired why this was not included in the assessment
district that was created and was advised that inclusion of this project
would have changed the basis on which the District's watershed fees are
charged. The assessment district was created to improve roads in the
area. Sewers which are in the roads are being improved in conjunction
with the assessment district work. The sewers in Project No. 4326 are
outsi de the roadways and so are separate from the assessment di strict.
Mr. Doug Craig, the project manager, was introduced.
It was moved by Member Carlson and seconded by Member McNulty, that
the General Manager-Chief Engineer be authorized to execute an hourly
rate times multiplier type agreement with a cost ceiling for professional
engineering services with MacKay & Somps, and that $27,000 be authorized
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from the Sewer Construction Fund for design of District Project 4326,
North Concord/Cl yde Sewer Improvements, Phase II. Moti on unanimousl y
approved on the following roll call vote:
AYES: Members: Carl son, McNulty, Boneysteele, Dalton, Clausen
NOES: Members: None
ABSENT: Members: None
2.
AUTHORIZE THE GENERAL MANAGER-ŒlIEF ENGINEER TO EXEClITE AGREEMENTS
WITH JOHN CAROLLO ENGINEERS AND WOODWARD-CLYDE CONSULTANTS AND
AUTHORIZE $397,000 FROM THE SEWER CONSTRUCTION FUND FOR DESIGN AND
EASEMENT ACXlUISITION FOR WALNUT CREEK DOWNTOIIN BYPASS PROJ ECT COP
ill1l
Mr. Dolan, General Manager-Chief Engineer, introduced Mr. Tad
Pl1 ecki, the Proj ect Manager, and advi sed that staff woul d be happy to
answer any questions.
In response to Member Carl son, Mr. Robert A. Baker, Deputy Chief
Engi neer, stated that the constructi on wil 1 be done in the Southern
Pacific right-of-way and will take pl ace at the same time as the Army
Corps of Engineers' work on the Walnut Creek channel bypass to minimize
disruption to the residents of the area.
It was moved by Member Carlson and seconded by Member Dalton, that
the General Manager-Chief Engineer be authorized to execute contracts for
professional engineering services with John Carollo Engineers and
Woodward-Cl yde Consul tants, and that $397,000 be authorized from the
Sewer Construction Fund for design of District Project No. 4257, the
Walnut Creek Downtown Bypass Project. Motion unanimously approved on the
following roll call vote:
AYES: Members: Carl son, Dalton, Boneysteele, McNulty, Clausen
NOES: Members: None
ABSENT: Members: None
3.
AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXEClITE AN AGREEMENT
WITH 0i2M-HILL FOR FLOiI MONITORING SERVICES FOR THE CONTRA COSTA
BOJLEVARD AND "A" LINE FACILITIES PLAN
Mr. Dolan, General Manager-Chief Engineer, stated that this project
will provide wet weather flow monitoring data to be used as the basis for
the Contra Costa Boulevard and "A" Line Facilities Plan. If it does not
rain during the first month of the contract period, half the flow
monitoring sites will be pulled and the contract extended for the
remaining sites.
It was moved by Member Boneysteele and seconded by Member Dalton,
that the General Manager-Chief Engineer be authorized to execute the Unit
Cost with a Cost Ceil ing Agreement with Q-I2M-Hil 1 for flow monitoring
services for the Contra Costa Boulevard and "A" Line Facilities Plan.
There being no objection, the motion was unanimously approved.
4.
AUTHORIZE THE GENERAL MANAGER-Q-IIEF ENGINEER TO EXEClITE AN AGREEMENT
WITH JAMES M. MONTGOMERY ENGINEERS; AUTHORIZE, $81S,OoO FROM THE
SEWER CONSTRUCTION FUND TO PREPARE THE MARTINEZ SEWER IMPROVEMENT
PROJ ECT FACILITIES PLAN
Mr. Dolan, General Manager-Chief Engineer, introduced Jarred
Miyamoto-Mills, the Project Engineer, Christine Kahr of James M.
Montgomery Engineers, and George Riek of Camp Dresser & McKee Engineers.
Mr. James M. Kelly, Planning Division Manager, stated that this
project is needed to renovate and expand the Martinez sewer system and to
look at inflow/infiltration from Martinez into the treatment plant. A
major sewer rehabilitation and replacement project is required because of
significant capacity deficiencies and the extremely poor condition of the
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existing sewer system. Mr. Kelly reviewed the four alternatives under
consideration and the scope of the project.
Following discussion, it was moved by Member Dalton and seconded by
Member McNulty, that the General Manager-Chief Engineer be authorized to
execute an agreement with James M. Montgomery Engineers and the $815,000
be authorized from the Sewer Constructi on Fund to prepare the Marti nez
Sewer Improvement Project Facilities Plan. Motion unanimously approved
on the following roll call vote:
AYES: Members: Dal ton, McNulty, Boneysteele, Ca rl son, Clausen
NOES: Members: None
ABSENT: Members: None
CONSIDER ADOPTION' OF NEGATIVE DEQARATION AND CONSIDER, APPROVAL OF
THE TREATMENT PLANT WET WEATHER HYDRAULIC IMPROVEMENTS PROJECT ,.
s.
Following explanation by Mr. Dolan, General Manager-Chief Engineer,
it was moved by Member Carl son and seconded by Member Dal ton, that the
Negative Declaration for the Treatment Plant Wet Weather Hydraulic
Improvements Project be adopted (Resolution No. 87-014) and that the
project be approved (Resolution No. 87-01S). The motion was unanimously
approved on the following vote: "
AYES: Members: Carl son, Dalton, Boneysteele, McNulty, Clausen
NOES: Members: None
ABSENT: Members: None
6.
ADOPT DISTRICT POSITION ON INDUSTRIAL
OORPORATION'SMODERNIZATION PROJECT"
TEQ-INOL OOY
(1.T.)
Mr. Dolan, General Manager-Chief Engineer, presented the staff
reèommendati on that the Board of Di rectors adopt a positi on on the
possible discharge of treated hazardous waste from I.T. to the District
for the reason that the issues regarding I.T. are extremely complex and
of great public interest. Mr. Dolan read the proposed position for the
Board's consideration.
In response to a question from Member Boneysteele, Mr. James L.
Hazard, Counsel for the Di strict, stated that by taki ng a positi on earl y
in the EIR process, thè Board will cl earl y advi se the County deci si on
makers and the public of the District's tentative policy and position
pending receipt of further information. This should be helpful in the
EIR process. '
Member Boneysteel e expressed concern that the Di strict not assume
any of the great risks of I.T., a profit-making corporation, on behalf of
the District's public. Mr. Hazard stated that the proposed position is
consistent with that concern.
A discussion between Board and staff followed.
, President Clausen inquired if the District's ordinances were being
reviewed to ensure that the Di strict has maximum control. Mr. Hazard
responded that both a legal and technical review of the District's source
control ordinances is underway. A proposed revision will be presented to
the Board for consi derati on in the near future. The proposed revi si ons
must be submitted to the EPA for approval as well.
It was moved by Member McNulty and seconded by Member Carlson, that
the District position on the proposed I. T. Modernization Project be
adopted as follows:
"Th'e District is concerned about the environmental and community
impacts that would result from the acceptance of treated hazardous
waste from I. T. Corporation. The District must determine whether
the acceptance of treated hazardous waste is compatible with the
purpose, function, and capacity of the District's waste treatment
01 " 22' .', 87';¡
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facil iti es and consi stent with the long-term pl ans and programs of
the District. However, the District will fully consider the results
of the technical, envi ronmëntal, þubl ic acceptance, and regul atory
impacts disclosed by the EIR and also the mitigation measures
approved during the EIR process to guide its decision on whether or
not to accept treated hazardous waste from I. T. Corporati on."
Motion unanimously approved on the following roll call vote:
AYES: Members: McNulty, Carl son, Boneysteele, Dal ton, Cl ausen
NOES: Members: None
ABSENT: Members: None
7.
APPROVE AGREEMENT RELATING TO REAL PROPERTY AND TO THE CONSTRUCTION,
MAINTENANCE, AND OPERATION OF A PRIVATE SEWAGE RJMPING STATION WITH
RlOiARD A. STUBBS, ET AL, JOB 3482, LAFAYEm AREA
Presi dent Cl ausen stated that thi s item has been removed from the
agenda and will be brought back to the Board at a future date.
VII.
APPROVAL OF EXPENDITURES
1.
EXPENDITURE LIST DATED JANUARY 22, 1987
Member McNulty, member of the Budget and Finance Committee, stated
that she and Member Dalton have reviewed the expenditures and found them
to be satisfactory.
It was moved by Member McNulty and seconded by Member Dalton, that
the Expenditure List dated January 22, 1987, incl udi ng Sel f Insurance
Warrant Nos. 100048-1000S0, Running Expense Warrant Nos. 30126~30424, and
Sewer Construction Warrant Nos. 4236-4270, be approved as recommended. A
discussion of the expenditures to TRC Environmental Consultants followed.
There being no objection, the above motion was unanimously approved.
VIII.
BUDGET AND FINANCE
1.
RECEIVE THE ANNUAL STATEMENT OF INVESTMENT POLICY
Mr. Dolan, General Manager-Chief Engineer, introduced Mr. Walter N.
Funasaki, Finance Officer, who advised that each year the District's
investment policy is submitted to the Board of Directors for review and
comment. The existing Statement of Investment Policy is submitted for
the Boa rd' s consi derati on. It is the opi ni on of staff that the current
policy has been workable and that the County Treasurer's Office has been
in compliance with the policy during the past year. Staff would
recommend that the Statement of Investment Pol icy be readopted for the
comi ng year.
It was moved by Member Ca rl son that the annual renderi ng of the
District's investment pol icy be received in compl iance with Government
Code Section 53646.
Member Boney steel e recommended that because the average rate of
Federal funds can be vol ati 1 e and may be an unreasonabl e target, that
reference to the average rate of Federal funds in Secti on XI of the
Investment Policy be deleted.
The above motion was withdrawn by Member Carlson.
It was moved by Member Carlson and seconded by Member Dalton, that
the annual rendering of the District's investment policy be received in
compliance with Government Code Section S3646 and that the last sentence
of Section XI., Performance Evaluation, be modified to read: "In
determi ni ng' the market-average rate of return, the average return of
three month U.S. Treasury bills will be used." Motion unanimously
approved on the following roll call vote:
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AYES:
Members:
Carlson, Dalton, Boneysteele, McNulty, Clausen
NOES:
Membe rs :
None
ABSENT:
Members:
None
IX.
PERSONNEL
1.
MEMORANDUM REGARDING BETH MAPLES REQASSIFICATION GRIEVANCE
Mr. Hazard, Counsel for the District, advised that discussion and
acti on on the gri evance must be taken in open sessi on. However, 'pri or to
the discussion and action, it would be appropriate to discuss matters of
law in closed session.
President Clausen indicated that consideration of this matter would
be deferred pending closed session.
X.
EMERGENCY SITUATIONS REQUIRING BOARD ACTION
None
XI.
REPORTS
1.
GENERAL MANAGER-CHIEF ENGINEER
a. Mr. Dol an, General Manager-Chief Engi neer, reported that Bay
Conservation and Development Commission (BCDC) has removed the Acme Fill
property from the status of water related industry property. The Corps
of Engineers can now consider whether to allow Acme to continue to
operate for two more years.
With regard to the County Blue Ribbon Task Force on Landfill Siting,
Member Dalton stated that the Solid Waste Commission feels this will be a
duplication of effort. The Solid Waste Commission did agree to provide a
representative to the Task Force which wil 1 alternate between all the
members of the Solids Waste Commission.
b. Mr. Dolan indicated that since the last Board Meeting, the
District had sent the County a response to the Notice of Preparation
which the County had issued for an EIR on a project to modernize the I.T.
treatment facility.
c. Mr. Dol an announced that Mr. John Larson, CSO Department
Manager, was el ected CSO Person of the Year for the CWPCA Bay Area
Section. Mr. Larson is also incoming director for the San Francisco Bay
Section.
d. Mr. Dolan announced that a letter has been received concerning
billing for capital improvements relative to the Mt. Diablo Unified
School District. This letter was prompted by the San Marcos decision.
Staff is fielding this inquiry and will keep the Board apprised.
e. Mr. D~an announced that staff is working on capital
allocations, and the capital budget concept. It would be appropriate to
schedule a Capital Projects Committee meeting in the near future.
f. Mr. Dolan announced that he will be in Washington, D.C. on March
3 and 4, 1987 for an ASCE meeti ng and aga in on Ma rch 23 and 24, 1987 for
a WPCF Conference.
2.
COUNSEL FOR THE DISTRICT
a. Mr. Hazard, Counsel for the District, reported with -regard to
insurance coverage and liability for Board Members serving on committees,
the District was no longer able to obtain an errors and omissions policy
of insurance and the District became self-insured. At the March 20,1986
Board Meeti ng, an interim pol icy of the Board was adopted that stil 1
remains in full force. When a Board Member is acting in the course and
scope of Di strict activities or when di rected to act on behal f of the
Board, as in the case of the Solid Waste Commission, the County Planning
Congress, and so on, Board Members would be covered under this District
sel ;t:"".i nsurance '"progr~m.
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b. Mr. Hazard reported that with regard to the concern raised at
the recent LAFCo meeting relative to annexation of properties with
failing septic tanks in the Alharnbrâ Valley area of Martinez, there are
both legal and technical issues. At this time, the District has no
facil iti es in the area. We have been advi sed that currentl y there are
very few failing septic tanks in the area and there are certain
conditi ons that must be met before the County Heal th Officer woul d
require them to connect. With regard to the legal issues, in 1967 the
District entered into an agreement providing for required mutual
annexation between Martinez and this District. The law has significantly
changed since that time. The authority of this Board to cause or
prohibit annexation has greatly diminished since the creation of LAFCo.
This Board can make recommendations to LAFCo but LAFCo ultimately makes
the decision. Finally, in 1973 and 1984 the District received federal
grant funds that required that we accept flow from other regions based on
a fair and equitable agreement and subject to review by the State Board.
The Alhambra Valley area is included in those areas.
3.
SECRETARY OF THE DISTRICT
None
4.
BOARD MErvBERS
a. Member Dal ton requested that staff attend the CWPCA Hazardous
Waste Conference in Sacramento on February 18-20, 1987.' Mr. Baker,
Deputy Chief Engineer, indicated that staff would attend.
b. Member Carlson reviewed the agenda of the January CAS A
Conference, indicating that there were many very informative and timely
presentations including such topics as new Brown Act regulations,
treatment of hazardous waste, SWRCB activities, and the controversy
surrounding drug testing.
Member Boneysteel e reported on renegoti ati on of the CASA Executive
Director's contract. Mr. Dolan and the Board complimented Member
Boneysteele, President of CASA, on the manner in which he presided over
the conference.
XII.
ANNOJNCEMENTS
Member Carlson announced that legislation has passed which would
permit changing the dates of the District elections to allow
consolidation with statewide elections. This matter will be calendared
for discussion at the next Board Meeting.
XIII.
QOSED SESSION
1.
SIGNIFICANT EXPOSURE TO LITIGATION
Pursuant to Government Code Section S49S6.9(b), a point has been
reached y¡here in the opi ni on of the Board of Di rectors of the Central
Contra Costa Sanitary District on the advice of its Counsel, based on
exi sti ng facts and ci rcumstances, there is a si gnificantexposure to
litigation against the District.
At 9:30 p.m., President Clausen declared the closed session. At
9:44 p.m., President Clausen concluded the closed session and reconvened
the meeting into open session.
XIV.
ACTIONS RESULTING FROM DISCUSSIONS IN ClOSED SESSION
At this time President Clausen returned to Item IX., Personnel.
IX.
PERSONNEL
1.
MEMORANDUM REGARDING BETH MAPLES REQASSIFICATION GRIEVANCE
It was moved by Member Boneysteele that the issue as to whether an
employee's classification is a grievable issue be submitted to an
arbitrator. Following discussion, the motion died for lack of a second.
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It was moved by Member Carlson and seconded by Member Dalton, that
after consi derati on of the issue the Board fi nds that an empl oyee' s
classification is a management right and is not, grievable under the
current Memorandum of Understanding between the District and the Central
Contra Costa Sanitary Di strict Empl oyees' Associ ati on Local No.1 and
that this decision of the Board is the final action of the District.
Motion unanimously approved on the following roll call vote:
AYES:
Members:
Carlson, Dalton, Boneysteele, McNulty, Clausen
NOES:
.ABSENT:
Members:
None
Members:
None
At this time Presi dent Cl ausen returned to Item XIII., Cl osed
Session.
XIII.
Œ-OSED SESSION
2.
PERSONNEL
The closed session was held to discuss personnel matters pursuant to
Government Code Section S49S7.
At 9:58 p.m., President Clausen declared the closed session. At
10:22 p.m., President Clausen concluded the closed session and reconvened
the meeting into open session.
XIV.
ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION
None
XV.
ADJ OURNMENT
There being no further business to come before the Board, President
Clausen adjourned the meeting at the hour òf 10:22 p.m.
Å~¿~
12/;/ 7¿;;¿: :/Á:~
Presid~t of the Board of Di rectors,
Cen:b'1f1 Contra Costa Sanitary Di stri.ct,
County of Contra Costa, State of California
(
COUNTERSIGNED:
e r tary of the ntral Contra
sta Sanitary District, County
of Contra Costa, State of California
..0-1 '22
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