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Home My WebLink AboutACTION SUMMARY 04-21-94 (2),~ -:~, ~i Central Contra Costa Sanitary District BOARD MEETING ACTION SUMMARY April 21, 1994 3:00 p.m. i. ROLL CALL: ~. BOARD OF D/RECTORS: SUSANMcNULTYRAINEY President JOHNB. CLAUSEN WILLIAM C. DALTON ~(//~ ~'' BARBARA D. HOCKETT S MARIO M. MENESINI ~5~e ~a~ ~~ ~ ~~ ~ ~ ~~ 5 o,s~-- PRESENT: Members: Menesini, Dalton, Hockett, Clausen, Rainey ABSENT: Members: None 2. PUBLIC COMMENTS: BOARD ACTION: Mr. Kenton L. Alm, Counsel for the District, announced that Valley Waste Management has requested that the first and third items under Counsel's Report, 13.b., request and decision relating to payment of legal fees incurred in defense of the Acme Landfill CERCLA litigation, be postponed indefinitely; the other two applicants have no objection; the Board concurred 3. CONSENT CALENDAR: Staff recommends the following: a. Approve and execute grant of easement with Contra Costa County, Job 5010, Parcel 2, Alamo area (Resolution No. 94-02.6f b. Authorization for P.A. 94-2 (Alamo) to be included in a future formal annexation to the District c. Accept contract work for Laboratory Facilities Improvement Project-Gas Cylinder Ramp and Associated Projects, District Project No. 6077 d. Authorize purchase of Apple Quadra 610, Apple monitor, and keyboard from the fiscal year 1993-94 Equipment Budget Contingency Account in the amount of 52,299.24 BOARD ACTION: Consent Items a. through d. approved as recommended, resolutions adopted as appropriate, and recordings duly authorized 1 • 4. HEARINGS: • a. Hold a hearing and adopt a Resolution of Necessity for the purpose of initiating eminent domain proceedings for acquisition of public sewer easements for the Pleasant Hill Relief Interceptor Project, DP 4879 BOARD ACTION: Conducted public hearireceived no comments; adopted Resolution No. 94-0 ,Resolution of Necessity; authorized filing of an eminent domain action; deposit of the amount of probable compensation; and application for an Order for Immediate Possession 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER: BOARD ACTION: Item 15.a., closed session relating to labor negotiations, was taken out of order , 6. SOLID WASTE: a. Consider distribution formula for remaining Contra Costa Solid Waste Authority Monies BOARD ACTION: Accepted proposed distribution formula for remaining Contra Costa Solid Waste Authority monies 7. ENGINEERING: a. Initiate proceedings to change the District's sphere of influence (S.0.1.) and formally annex 16.27 acres of land located in Southeast Moraga (Continued from April 7, 1994) BOARD ACTION: Adopted Resolution No. 94-028; resolution of application for annexation of subject property and requesting revision of the District's S.O.I.; tentatively approved provision of sewer service subject to reaching suitable arrangements with the developer and receiving assurance that the needs of the Town of Moraga have been met; a report will be made to the Board at the plan review stage prior to final approval b. Review Draft Principles. of Agreement for Recycled Water Development BOARD ACTION: Reviewed and proposed modifications to Draft Principles of Agreement 8. CORRESPONDENCE: a. Note receipt of .letter dated February 25, 1994, from the Contra Costa Times regarding standing request for records; consider draft response 2 • BOARD ACTION: Noted receipt;. approved draft response as amended 9. APPROVAL OF MINUTES: a. Minutes of Adjourned Regular Meeting of March 31, 1994 BOARD .ACTION: Approved as presented b. Minutes of Regular Meeting of April 7, 1994 BOARD ACTION: Approved as presented 10. APPROVAL OF EXPENDITURES: a. Expenditure List dated April 21, 1994 BOARD ACTION: Approved as recommended 1 1. BUDGET AND FINANCE: a. Receive the 1994-1995 Equipment Budget for review BOARD ACTION: Received for review b. Receive March 1994 Financial Statements BOARD ACTION: Received March .1994 Financial Statements; reports of Running Expense Fund, temporary investments, and Sewer Construction Fund; viewed video on the status of the Pleasant Hill Relief Interceptor Project; commended Shift Supervisor Steve Colberg for his excellent work in preparing the video 12. EMERGENCY SITUATIONS REQUIRING BOARD ACTION: BOARD ACTION: None 13. REPORTS: a. General Manager-Chief Engineer 1) Status of ad valorem tax revenue 2) Mr. Dolan announced that he has been asked to place his name in nomination for the Water Environment Federation EPA Advisory Committee 3) Announcement concerning Earth Day exhibit 3 • • 4) Announcement concerning advertisement for bids for the Los Arabis/Woodland Way Sewer Project b. Counsel for the District ~ Further consideration of ..request by Valley .Waste Management,. ` Orinda-Moraga Disposal Service, Inc., and Francise Fiorentino for payment of legal fees incurred in their defense of the Acme Landfill CERCLA Litigation; and BOARD ACTION: .Deferred indefinitely at the request of Valley Waste Management with concurrence of the other applicants • Conference with Legal Counsel on existing litigation pursuant to Subdivision (a) of Section 54956.9 of the Government Code -name of case: Acme Landfill Corp. v. Althin CD Medical, Inc., CCCSD, et al - U.S. District Court No. C91-4268 SBA; and anticipated litigation - significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 of the Government Code -one potential case; and BOARD ACTION: Held closed session • Decision of the Board with regard to pass through of Acme litigation defense fees BOARD ACTION: Deferred indefinitely at the request of Valley Waste Management with concurrence of the other applicants c. Secretary of the District 1) Ms. Murphy announced she would be out of town the first week in May d. Board Members 1) Discussed AB 1905 which would take ad valorem tax revenue from enterprise special districts to fund the Sheriff's Patrol 3) Update on Local Agency Formation Commission Consolidation Issues 14. ANNOUNCEMENTS: BOARD ACTION: Member Menesini announced that he recently visited CSO and several. job sites; Member Menesini. recognized and commended Maintenance Crew Leader Bill Echols, Maintenance Crew Member .I Devin Nichols, Construction Equipment Operator Chris Keith, Maintenance Crew Member II Steve Sauter,, Construction Equipment Operator Richard 4 • • Boylan, Maintenance Crew Member 1 Denise Baker, Maintenance Crew Leader Rick Powell, and Maintenance Crew Member I Tanya Butler for their efforts on behalf of the District 15. CLOSED SESSION: a. Conference with Labor- Negotiators -Pursuant to Section 54957.6 of the Government Code. The District's negotiators are Paul Morsen, Cathryn Freitas, and Jerry Lucey. The. pertinent employee organizations are the Central Contra Costa Sanitary District Employees' Association Public Employees' Local No. 1 and. the Management Support/Confidential Group. b. Conference with Legal Counsel on existing litigation pursuant to Subdivision (a) of Section 54956.9 of the Government Code. Name of case: Samimi v. Sunrise Hill Associates, et al, Contra Costa Superior Court Case No. C92- 05489. c. Conference with Legal .Counsel on anticipated litigation -initiation of litigation pursuant to subdivision (c) of Section 54956.9 of the Government Code Section -one potential case BOARD ACTION: From 3:28 p.m. to 4:02 p.m. to discuss labor negotiations pursuant to Government Code Section 54957.6 and from 7:02 p.m. to 7:30 p.m. to discuss litigation pursuant to Government Code Sections 54956.9(a) and (c) 16. ACTIONS- RESULTING FROM DISCUSSIONS IN CLOSED SESSION: BOARD ACTION: Staff was authorized to file a condemnation action pursuant to .Resolution No. 94-027, Resolution of Necessity for the purpose of initiating eminent domain proceedings for acquisition of public sewer easements for the Pleasant Hill Relief Interceptor Project, DP 4879 17. ADJOURNMENT: BOARD ACTION: Adjourned at 7:32 p.m. 5