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HomeMy WebLinkAboutBOARD MINUTES 10-16-86 207 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON OCTOBER 16,1986 The Di strict Board of the Central Contra Costa Sanitary Di strict convened in a regular meeting at its regular place of meeting, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 7:30 p.m. on October 16,1986. President Carlson called the meeting to order and requested that the Secretary call roll. I. ROLL CALL PRESENT: Members: Boneysteele, McNulty, Clausen, Carlson ABSENT: Members: Dalton Member Dalton entered the meeting at 7:33 p.m. II. PUBLIC COMMENTS None III. EXPENDITURES 1. EXPENDITURE LIST DATED OCTOBER 16,1986 Member Clausen, member of the Budget and Finance Committee, stated that he and Member Boneysteele have reviewed the expenditures and found them to be satisfactory. It was moved by Member Clausen and seconded by Member Boneysteele, that the Expenditure List dated October 16, 1986, incl uding Running Expense Warrant Nos. 28564-28820 and Sewer Construction Warrant Nos. 4009-4032, be approved as presented. There bei ng no obj ecti on, the motion was approved with Member Dalton being absent. IV. HEARINGS 1. CONDUCT PUBLIC HEARING AND CONSIDER CERTIFICATION OF THE FINAL EIR FOR THE SAN RAMON VALLEY SEWER IMPROVEMENT PROJECT, DISTRICT PROJECT 4224 President Carlson indicated that the purpose of this public hearing is to receive publ ic comment regarding the certification of the EIR and approval of the San Ramon Valley Sewer Improvement Project. Mr. Roger J. Dolan, General Manager-Chief Engineer, introduced Mr. James M. Kelly, Planning Division Manager, who summarized the review process conducted by the District. Member Dalton entered the meeting at this time. Mr. Curtis W. Swanson, Principal Engineer, described the preferred project alternative. The preferred alignment is in the Southern Pacific Right-of-Way because it woul d cause fewer impacts on the community. In addition to al ignment, the Board must consider sewer capacity. The construction of the project will be accomplished in three phases. The construction estimate for all three phases is $28.5 million. At 7:38 p.m., President Carlson opened the public hearing. Mr. Marc Goto, Public Works Director of the City of San Ramon, addressed the Board advising that as a condition of the City's encroachment permits tunneling under streets would be required as opposed to open trenching. In response to questions from the Board, Mr. Goto stated that tunnel ing is not a standard requirement for encroachment permits. Mr. Goto stated that the District No.2 response recommending temporary traffic flow detours around streets where open trench 1:0 16 86 203 l'~9: construction is scheduled is not appropriate since it is 1 imited to intersection traffic conditions. Lastly, Mr. Goto requested that if the Larwin Pump Station must be expanded, the full CEQA EIR process be followed. With regard to the need for tunnel i ng, Member McNul ty asked that this be considered on a case by case basis. Mr. Goto made no definite response but indicated that this matter must be considered by the City Council. Mr. John Lisenko, Senior Engineer with the City of Danville, voiced concern about putting a pipeline through the downtown commercial area of Danville. Mr. Lisenko stated that the loss of income to the small businesses in this area could be devastating. Since it appears that the segment through the downtown Danville area is not at capacity, Mr. Lisenko requested that that portion of the project be delayed to allow an opportunity for cooperation with TWA. Mr. L isenko stated that TWA has indicated they will select an alternative during the next three to four months. Mr. Steve Lake, Danville City Engineer, requested that the Railroad Avenue sewer alignment be used through downtown Danville rather than the Southern Paci fie Ri ght-of-Way. Mr. Lake stated that costs coul d be reduced because open trenching could be used and no vertical shoring would be necessary. TWA could then use the Southern Pacific Right-of-Way for thei r proj ect. Mr. Bickford Hooper, President of Right-of-Way Trail Advocates (ROWTA), requested that with regard to Phase I, the District upgrade that section of the trail to East Bay Recreation and Park District standards with hard top. With regard to Phase II, Mr. Hooper requested that the District coordinate with East Bay Municipal Utility District (EBMUD) so that the impact on the people 1 iving in the area is minimized. Mr. Hooper indicated that the District and EBMUD should cooperate in hard topping this area. For the remainder of the right-of-way in Phase II, Mr. Hooper stated that at a minimum, the District should put in a gravel and oil trail. With regard to Phase III, Mr. Hooper requested that as a minimum a gravel and oil trail be put in this region. This has been discussed with representatives of Bishop Ranch and they have indicated they will contribute to part of the tral1 in this area. In closing, Mr. Hooper stated that his proposal is very close to Alternative 3 proposed by staff. Mr. Hooper requested that the District closely coordinate with EBMUD. There being no further comments, President Carlson declared the public hearing closed at the hour of 8:43 p.m. and returned the matter to the Board for deliberation. Mr. Baker reviewed the issue of del aying certification of the EIR and presented the staff recommendation. Following discussion, it was moved by Member Dalton and seconded by Member Clausen, that the Final San Ramon Valley Trunk Sewer Improvement Project EIR be certified and that Resol uti on No. 86-135 be adopted. Motion unanimously approved on the following roll call vote: AYES: Members: Boneysteel e, Dalton, McNulty, Clausen, Carlson NOES: Members: None ABSENT: Members: None Mr. Dolan stated that by recommending that the District proceed with certification of the EIR rather than delaying the CEQA process, staff does not mean to be in opposition to the proposals of Messrs. Lisenko and Lake for cooperation with TWA. This action would not preclude cooperation with TWA if they are able to act quickly enough. Mr. Baker presented the background and alternatives for sewer alignment through downtown Danville. Mr. Baker stated that based on the testimony the staff recommendation shoul d be modified to indicate that selection of either the County transit easement alignment or the Railroad Avenue alignment would be acceptable; that staff should be directed to negotiate with the City of Danville; and that in 1 ight of construction Ij6 86 209 costs and mitigation consideration, staff will make a subsequent recommendation to the Board of Directors on the recommended sewer alignment through downtown Danville. It was moved by Member Clausen and seconded by Member McNulty, that selection of either the County transit easement or Railroad Avenue as the trunk sewer al i gnment woul d be acceptabl e; that staff be di rected to negotiate with the City of Danville; and in light of construction costs and reduced impacts to the community, that staff make a subsequent recommendation to the Board on the recommended sewer alignment through downtown Danville. Motion unanimously approved on the following roll call vote: AYES: Members: Boneysteel e, Dalton, McNulty, Clausen, Carlson NOES: Members: None ABSENT: Members: None Mr. Baker described the growth scenarios presented in the EIR. A discussion between Board and staff followed related to the recommendation that the proposed trunk sewer be designed to provide sufficient long-term capacity, on the order of 50 years, to avoi d the need to construct a parallel trunk sewer in a lesser time frame. It was moved by Member Clausen and seconded by Member Dalton, that after considering the testimony tonight concerning the problems associated with pipeline construction in populated areas and given the necessity for projecting 50 years in the future, growth scenario 4 be selected as the population basis for sizing the trunk sewer. Motion unanimously approved on the following roll call vote: AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Carlson NOES: Members: None ABSENT: Members: None President Carlson declared a recess at the hour of 9:05 p.m., reconvening at the hour of 9:13 p.m., with all parties present as designated heretofore. Mr. Baker presented alternatives for sizing the sewer through Danville. Following discussion, it was moved by Member Dalton and seconded by Member Cl ausen, that based on size and capacity, growth scenario 4 be used as the basis for sizing the entire 50-foot-wide section of the railroad right-of-way (13,600 feet). Motion unanimously approved on the following roll call vote: AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Carlson NOES: Members: None ABSENT: Membe rs: None With regard to the Board decision concerning tunnel ing or jacking versus open trenching across roadways, Mr. Baker requested that this matter be deferred pending the results of a traffic study and discussions with the City of San Ramon. Following discussion, it was moved by Member Dalton and seconded by Member Clausen, that the decision whether or not to tunnel and jack under Danville at Rudgear Road, Crow Canyon, Norris Canyon, Bollinger Canyon, Fostoria, Montevideo, Hemme, and Del Amigo be deferred pending the outcome of a traffic study and negotiations with the cities and county. The money requi red shoul d tunnel ing and j acki ng be necessary will be budgeted in the spirit of cooperation pending the outcome of the traffic study and negotiations with the cities and county. Motion unanimously approved on the following roll call vote: 10>16,86 210 AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Ca rl son NOES: Members: None AB SENT: Members: None With regard to the recreation trail along the right-of-way, Mr. Baker revised staff's recommendation and requested instead that the final decision on this matter be deferred to a later date and that staff be directed to negotiate within a specific dollar amount designated by the Board. Following discussion, it was moved by Member Boneysteele and seconded by Member Dalton, that $200,000 be designated toward upgrading the trail as a miti gati on measure with the understandi ng that as a minimum the trail would be replaced in-kind. Following further discussion with staff, the maker of the motion agreed that the intent of the original motion was to replace in-kind 2.8 miles of oil and gravel trail and to provide up to $200,000 for use in upgrading the trail, the specifics of the upgrading will be negotiated with the County and other concerned agencies with the understanding that some other publ ic agency agrees to accept responsibil ity for operation and maintenance of the trail. The motion was unanimously approved on the following roll call vote: AYES: Members: Boneysteel e, Dalton, McNulty, Clausen, Carlson NOES: Members: None AB SENT: Members: None Mr. Baker presented the staff recommendation concerning residents living near the right-of-way who are currently serviced by septic tanks. It was moved by Member Dalton and seconded by Member McNulty, that the trunk sewer design be modified to facil itate future connection by adj acent houses currentl y served by septi c tanks and that the cost of providing the sewer design modifications be recovered via the District's rebate procedure, and that a notification program be conducted to communicate these measures to the appropriate residents. Motion approved on the following roll call vote: AYES: Members: Boneysteele, Dalton, Clausen, Carlson NOES: Members: McNulty ABSENT: Members: None It was noted for the record that Member McNul ty voted no for the reason that residents living near the right-of-way should be encouraged to connect to the sewer and that these connections should be accommodated as a mitigation measure. Mr. Baker presented the staff recommendation that a public information program be conducted during design and construction of the project. The approximate cost for the recommended program would be up to $40,000. It was moved by Member Clausen and seconded by Member Dalton, that funds be included in the San Ramon Valley Trunk Sewer Improvement Project to conduct an effective public information program during the design and construction phases of the project. Motion unanimously approved on the following roll call vote: AYES: Members: Boneysteel e, Dalton, McNulty, Clausen, Carlson NOES: Members: None ABSENT: Membe rs: None 1 0 ~"'~1 6 86 211 Mr. Baker advised that staff would include the standard mitigation measures described in Attachment 2 to the position paper, unless otherwise directed by the Board. It was moved by Member Boneysteel e and seconded by Member McNul ty that the mitigation measures listed in Attachment 2 to the position paper be incl uded in the context of the previous motions made and with the understanding that some issues such as traffic mitigation and sewer al ignment through downtown Danville are still open. Motion unanimously approved on the following roll call vote: AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Carlson NOES: Membe rs: None ABSENT: Membe rs: None It was moved by Member Dalton and seconded by Member Clausen, that Resol ution No. 86-136, Resol ution of Intent to Approve the San Ramon Valley Trunk Sewer Improvement Project, be adopted subject to adoption of project findings. Motion unanimously approved on the following roll call vote: AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Carlson NOES: Members: None ABSENT: Membe rs: None Presi dent Carl son decl ared a recess at the hour of 10:02 p. mol reconvening at the hour of 10:10 p.m., with all parties present as designated heretofore. V. BIDS AND AWARDS AUTHORIZE AWARD OF CONTRACT TO WINTON JONES FOR THE CLEANING OF ALUM SLUDGE BASIN II AND AUTHORIZE $68,000 IN SEWER CONSTRUCTION FUNDS 1. It was moved by Member Dalton and seconded by Member Clausen, that award of the contract for the cleaning of Alum Sludge Basin II be authorized to Winton Jones at a unit price of $9.95 per cubic yard, and that $68,000 be authorized in Sewer Construction Funds for this project. The District will pay the landfill disposal fees separately. The cost of these fees will be paid out of the $68,000 authorization. Motion unanimously approved on the following roll call vote: AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Carlson NOES: ABSENT: Members: None Members: None VI. CONSENT CALENDAR It was moved by Member Clausen and seconded by Member McNulty, that the Consent Calendar, consisting of eleven items, be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. ',~ 1. Resolution No. 86-137 accepting an easement at no cost to the District from T. AMADO, et al, Orinda area (Job 4097 - Parcel 2) was adopted and recordings authorized. Motion unanimously approved on the following vote: AYES: Membe rs : Boneysteele, Dalton, McNulty, Clausen, Carlson NOES: ABSENT: Membe rs: None Members: None 10 16 86 21Z 10' 2. Resolution No. 86-138 accepting an easement at no cost to the District from K. T. DERR, et ux, Orinda area (Job 1584 - Parcel 23C) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Boneysteel e, Dalton, McNulty, Clausen, Ca rl son NOES: Members: None ABSENT: Members: None 3. Resolution No. 86-139 accepting an easement at no cost to the District from T. HUMBLE, Martinez area (Job 1811 - Parcel 56) was adopted and recording authorized. Motion unanimously approved on the foll ow i ng vote: AYES: Membe rs: Boneysteele, Dalton, McNulty, Clausen, Carl son NOES: Members: None ABSENT: Membe rs: None 4. Resolution No. 86-140 accepting an easement at no cost to the District from D. J. RICH, Martinez area (Job 1811 - Parcel 65) was adopted and recording authorized. Motion unanimously approved on the foll ow i ng vote: AYES: Members: Boneysteel e, Dalton, McNulty, Clausen, Carlson NOES: Membe rs: None ABSENT: Members: None 5. Resolution No. 86-141 accepting an easement at no cost to the District from J. E. ENO, et ux, Martinez area (Job 1811 - Parcel 73) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Carl son NOES: Members: None ABSENT: Members: None 6. Resolution No. 86-142 accepting an easement at no cost to the District from B. STORANT, Martinez area (Job 1829 - Parcel 96) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Members: Boneysteele, Dalton, McNulty, Clausen, Carlson NOES: Members: None ABSENT: Members: None 7. Resolution No. 86-143 accepting an easement at no cost to the District from G. R. KELLOGG, et ux, Martinez area (Job 1814 - Parcel 143) was adopted and recording authorized. Motion unanimously approved on the following vote: AYES: Membe rs: Boneysteele, Da 1 ton, McNulty, Clausen, Carl son NOES: Members: None ABSENT: Members: None 1"6 86 213 8. The Board was advised of the closeout of the Via Roble Pump Station Project in Lafayette <District Project 4014) and the return of $2,985 to the Sewer Construction Fund. 9. The Board was advised of the closeout of the Planning Division Office Space Improvement Project <District Project 20033) and the return of $124 to the Sewer Construction Fund. 10. $3,500 was authorized from the Sewer Construction Fund for the purchase of an ISCO portable sampler. Motion unanimously approved on the following vote: AYES: Members: Boneysteel e, Dalton, McNulty, Clausen, Ca rl son NOES: Members: None AB SENT: Members: None 11. The substitution of North Coast Steel Building, Inc., the listed subcontractor, with Delcon Development, Inc., a new subcontractor, for steel erection work on the Mechanical Maintenance and Materials Control Building <D.P. 20027> was authori zed. Motion unanimously approved on the following vote: AYE S: Members: Boneysteel e, Dalton, McNulty, Clausen, Carlson NOES: Members: None AB SENT: Members: None CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None VII. ENGINEERING 1. AUTHORIZE THE GENERAL MANPGER-CHIEF ENGINEER TO EXECUTE PGREEMENTS WITH JOHN CAROLLO ENGINEERS, CAMP, DRESSER & McKEE, ENVIRONMENTAL SCIENCE ASSOCIATES, AND URBAN ALTERNATIVES AND AUTHORIZE $1,057,000 IN SEWER CONSTRUCTION FUNDS FOR THE CONTRA COSTA BOULEVARD AND "A" LINE FACILITIES PlAN Following a brief introduction by Mr. Dolan, General Manager-Chief Engineer, Mr. James J. Kelly, Planning Division Manager, described the general scope of the project and advised that the estimated cost for construction of the project is from $30 to $50 million. Ms. Joye Kurasaki, Associate Engineer, described the components of the facilities plan and outlined the project organization. It was moved by Member Boneysteel e and seconded by Member Dal ton, that the General Manager-Chief Engineer be authorized to execute agreements with John Carollo Engineers, Camp, Dresser & McKee Engineers, and Environmental Science Associates, and Urban Alternatives and that $1,057,000 be authorized from the Sewer Construction Fund to prepare the Contra Costa Boulevard and "A" Line Facilities Plan. Motion unanimously approved on the following roll call vote: AYES: Members: Boney steel e, Dalton, McNulty, Clausen, Carlson NOES: Members: None ABSENT: Members: None 2. CONSIDERATION OF FIXTURE FEES FOR ROSSMOOR (CONTINUED FROM SEPTEMBER 4, 1986) Mr. James L. Hazard, Counsel for the District, stated that since this matter was placed on the agenda, an additional potential conflict has come to 1 ight. Member Cl ausen is of counsel to Thiessen, Gagen and 10'16'86 214 McCoy, a law firm representing UDC Homes in an unrelated matter. Because of this potential conflict and Member Boneysteele's potential conflict because of his residence in Rossmoor, and because four votes are required for fee-setting actions, Mr. Hazard recommended that a written opinion be obtained from the Fair Political Practices Commission (FPPC). If it is determined that both Board Members have a conflict, the state's doctrine of necessity provi des that one Board Member be imparti al ly sel ected to vote on this matter. Mr. Hazard requested and received authorization from Members Boneysteel e and Cl ausen to request a written opinion from the FPPC. It was moved by Member McNulty and seconded by Member Carlson, that consideration of fixture fees for Rossmoor be continued to December 4, 1986. Motion approved on the following roll call vote: AYES: Members: Da 1 ton, McNulty, Carlson NOES: Members: None ABSENT: Members: None ABSTAIN: Members: Boneysteel e, Clausen VIII. BUDGET AND FINANCE 1. RECEIVE SEPTEMBER 1986 FINANCIAL STATEMENTS Mr. Walter N. Funasaki, Finance Officer, summarized the results of operations and maintenance for the month of September 1986, noting that expenditures were $75,000 less than budge~ representing a 4.8 percent favorabl e vari ance. Year-to-date expenditures were $391,000 1 ess than budget for a 7.4 percent favorabl e vari ance. The Di strict's temporary investments are currently held in a Federal National Mortgage Association note, collateralized certificates of deposit, bankers' acceptances, commerci al paper, and the Local Agency Investment Fund (LAIF) account with interest rates ranging from 8.35 percent to 6.35 percent. The District is currently fully invested to the $5 million maximum in LAIF. The average yiel d for the quarter ended September 30, 1986, was 7.8 pe rcent. Mr. Jay S. McCoy, Construction Division Manager, reported on capital projects under construction, reviewing thirteen projects. The total project budget for these projects is $13,158,931. At the conclusion of the reports, President Carlson declared that the September 1986 Financial Statements were duly received. 2. RECEIVE THE DISTRICT'S AUDIT REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 1986 Following explanation by Mr. Dolan, General Manager-Chief Engineer, it was moved by Member Dal ton and seconded by Member Boneysteel e, that the audited financial statements, accompanying auditors' opinion, and the management letter report for the fiscal year ended June 30, 1986, be received and that Hood and Strong be affirmed to continue as auditors for a least an additional year. There being no objection, the motion was unanimously approved. IX. REAL PROPERTY 1. AUTHORIZE EXECUTION OF A LEASE AGREEMENT WITH AMERICAN CANCER SOCIETY TO LEASE THE UPPER PORTION OF THE WALNUT CREEK OFFICE FACILITY, AND AUTHORIZE $13 ,000 FROM THE SEWER CONSTRUCTION FUNDS FOR INITIAL REMODELING COSTS (DP 20047) It was moved by Member Clausen and seconded by Member Dalton, that the Deputy General Manager be authorized to execute the lease with the American Cancer Society for the upper portion of the Walnut Creek office facility; and that $13,000 be authorized from the Sewer Construction Fund for the in iti al phase of the remodel proj ect. Moti on approved on the following roll call vote: I() 16 86 215 AYES: Members: Boney stee 1 e, Dalton, McNulty, Clausen NOES: Members: None ABSENT: Members: None ABSTAIN: Members: Carl son It was noted for the record that Member Carlson abstained because of a direct business association with Haviland Associates Architects. X. ITEMS LATE FOR THE AGENDA None XI. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a. Mr. Dolan, General Manager-Chief Engineer, reported that the District is advertising to accept bids for disposal of surplus equipment and vehicles. The District recently bid and received $2,077 for disposal of scrap metal and materials. b. Mr. Dolan updated the Board on solid waste activities. Mr. Dolan reported the conclusions of the Management Advisory Committee (MAC) concerning West Contra Costa Solid Waste Management Authority's (WCCSWMA) request for host community miti gati on. Central County representatives will meet with representatives of WCCSWMA on October 20, 1986 on this matter. Receipt of correspondence fran WCCSWMA, the City of Richmond, and West Contra Costa Sanitary District was acknowledged. The Secretary of the District was directed to advise Mr. Leonard Battaglia, President of the West Contra Costa Sanitary District Board of Directors, that their letter and resolution concerning the landfill and garbage crisis had been received and brought to the Board's attention. Mr. Dol an stated that staff is drafting a letter to the Board of Supervisors stating our concerns regarding the scheduling of the approval process. After reviewing the schedule it seems clear that it would be virtually impossible to get the Southeast County site in operation without an export agreement in the meantime. Member Dalton reported on the joint County Planning Commission/Solid Waste Commission meeting on October 15, 1986. Member Dalton reported that the mitigation measures for the three privately proposed sites are similar. It appears the Planning Commission will have a standard for measuring the three sites and the respective EIRs. c. Mr. Dol an reported that the Empl oyee Service Awards Luncheon, recognizing employees with 10, 15,20, and 25 years of service, will be held on October 22, 1986 at the Savoy Restaurant. President Carlson will represent the Board at the luncheon. It was moved by Member Dal ton and seconded by Member Boneysteel e, that Resolution Nos. 86-132, 86-133, and 86-134 honoring employees service award recipients be adopted. Motion unanimously approved on the following roll call vote: AYES: Members: Boney steel e, Da 1 ton, McNulty, Clausen, Carlson NOES: Members: None ABSENT: Members: None d. Following discussion, it was decided that the Adjourned Regular Board Meeting previously scheduled for 6:00 p.m. on October 28, 1986, would be rescheduled for 3:00 p.m. on the same date. e. Mr. Dolan reported that the District is currently advertising for the Treatment Pl ant Drai nage Project. The estimated constructi on cost for the Project is $35,000. 1,0 1,6 86 216 f. Mr. Dolan reported that last week a number of employees attended the Water Pollution Control Federation meeting in Los Angeles. Messrs. Jim Kelly, Jarred Miyamoto-Mills, and Jim Belcher presented papers at the meeting. The sessions were extremely productive and informative. g. Mr. Dol an and the Board of Di rectors commended Messrs. Jim Kelly, Curt Swanson, Jim Hazard, and Kent Alm for their work on the San Ramon Valley Sewer Improvement Project EIR. 2. COUNSEL FOR THE DISTRICT a. Mr. Hazard, Counsel for the District, reported that the Governor vetoed the proposed revisions to the Brown Act. 3. SECRETARY OF THE DISTRICT None 4. BOARD MEMBERS None XII. MATTERS FROM THE BOARD NOT ON THE AGENDA None XIII. CLOSED SESSION Pursuant to Government Code Section 54956.9(b), a point has been reached where in the opinion of the Board of Directors of the Central Contra Costa Sanitary District on the advice of its Counsel, based on existing facts and ci rcumstances, there is a significant exposure to litigation against the District. At 11:15 p.m., President Carlson declared the closed session to discuss litigation pursuant to Government Code Section 54956.9(b). Because of a potential conflict of interest, Members Boneysteele and Clausen were not present for closed session. At 11:25 p.m., President Carlson concluded the closed session and reconvened the meeting into open session. XIV. ACTIONS RESULTING FROM DISCUSSION IN CLOSED SESSION None Xv. ADJ OURNMENT There being no further business to come before the Board, President Carlson adjourned the meeting at the hour of 11:25 p.m., to reconvene in Adjourned Regular Session at 3:00 p.m. on Tuesday, October 28,1986. i/'Î ] . /:J / , tlJ;~~-t~"'~ President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: }'(J 16 86