HomeMy WebLinkAboutBOARD MINUTES 10-05-00
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MINUTES OF THE REGULAR BOARD MEETING
OF THE DISTRICT BOARD OF THE
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD ON OCTOBER 5, 2000
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 2:00 p.m. on October 5, 2000.
President Lucey called the meeting to order and requested that the Secretary call roll.
1. ROLL CALL
PRESENT:
Members:
Menesini, Hockett, Boneysteele, Lucey
ABSENT:
Members:
Nejedly
Member Nejedly had indicated that he would be unable to attend this meeting and had
requested to be excused.
a.
INTRODUCE NEW EMPLOYEES
.
KEVIN KENDALL. INSTRUMENT TECHNICIAN
.
FRED ZABELL. ENGINEERING ASSISTANT III
Mr. Kevin Kendall, Instrument Technician, and Mr. Fred Zabell, Engineering Assistant III
(Construction Inspector), were introduced and welcomed to the District by President Lucey
and the Board of Directors.
2. PUBLIC COMMENTS
None
3. AWARDS AND COMMENDATIONS
a.
ADOPT RESOLUTIONS RECOGNIZING SERVICE AWARD RECIPIENTS GILBERT
ABEYTA. GRETCHEN ANASTASI-ROWLAND. ANDREW ANTKOWIAK. DONALD
BERGER. P. GAIL CHESLER. KENNETH CLARK. STEVEN CONSIDINE. COLETTE
CURTIS-BROWN. JOHN DAY. MARIA ESPARZA-VIGNALATS. FELIX ESPINOSA.
FRANK FAVALORA. RONALD FREITAS. TIFTON GANTT. A. RANDY GRIEB.
KENNETH GRUBBS. NORMAN HEIBEL. RICK HIGGS. DOYLE HILL. DEBORAH
HINKSON. MUNAWAR HUSAIN. STEVEN LARSEN. JOSE LOPEZ. DANTE
MARCHETTI. WILLIAM MCEACHEN. LERON PATTON. MICHAEL PENNY. RICHARD
POWELL. DEBORAH RATCLIFF. DAVID REINDL. PHILIP SAUER. GARY SHAW.
THEODORE SMITH. CURTIS SWANSON. L. SCOTT THOMPSON. PAULA
TURNHAM. AND JOSEPH VALLERO
Mr. Charles W. Batts, General Manager, stated that each year the District honors long-
.term employees for their years of service to the District. The 2000 Service Awards will
be presented at a luncheon to be held on November 9, 2000 at 11 :30 a.m. at Vic
Stewart's Steak House in Walnut Creek.
It was moved by Member Menesini and seconded by Member Hockett, that Resolution
Nos. 2000- 130 through 2000- 150 and 2000- 162 be adopted, commending and thanking
service award recipients Gilbert Abeyta, Gretchen Anastasi-Rowland, Andrew Antkowiak,
Donald Berger, P. Gail Chesler, Kenneth Clark, Steven Considine, Colette Curtis-Brown,
John Day, Maria Esparza-Vignalats, Felix Espinosa, Frank Favalora, Ronald Freitas, Tifton
Gantt, A. Randy Grieb, Kenneth Grubbs, Norman Heibel, Rick Higgs, Doyle Hill, Deborah
Hinkson, Munawar Husain, Steven Larsen, Jose Lopez, Dante Marchetti, William
McEachen, LeRon Patton, Michael Penny, Richard Powell, Deborah Ratcliff, David Reindl,-
Philip Sauer, Gary Shaw, Theodore Smith, Curtis Swanson, L. Scott Thompson, Paula
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Turnham, and Joseph Vallero for their years of service. There being no objection, the
motion was unanimously approved with Member Nejedly being absent.
4. CONSENT CALENDAR
President Lucey requested that Consent Calendar Item 4.a. be removed from the Consent
Calendar for discussion.
Following a brief discussion of the proclamation in support of the Contra Costa Community
College District Facilities Bond Measure, it was moved by President Lucey and seconded
by Member Hockett, that the Consent Calendar, consisting of Items b. through d. and
excluding Item a. which was pulled for discussion, be approved as recommended and
resolutions adopted as appropriate.
b.
The contract work for the Lafayette Sewer Renovation Project, Phase 1,
was accepted and the filing of the Notice of Completion was authorized.
Motion approved on the following vote:
AYES: Members: Lucey, Hockett, Menesini, Boneysteele
NOES: - Members: None
ABSENT: Members: Nejedly
Mr. Batts noted that the Lafayette Sewer Renovation Project was one where the District
worked with the City of Lafayette to coordinate sewer renovation with the City's paving
program. The project included several high maintenance line segments on some very
difficult winding one-lane streets. The District and its contractor managed to complete
this work without major disruption or problems to residents. Mr. Batts congratulated
District staff and the contractor on a job well done and stated that he will be going to the
Lafayette City Council meeting to thank the City for their help in planning and executing
this project.
c.
The request by Mrs. Nadine Schumacker for an emergency withdrawal of
$5,500, after taxes, from the Deferred Compensation Plan was approved
as recommended by the Deferred Compensation Plan Advisory Committee.
Motion approved on the following vote:
AYES: Members: Lucey, Hockett, Menesini, Boneysteele
NOES: Members: None
ABSENT: Members: Nejedly
d.
The Proclamation in Support of the Contra Costa Community College District
Facilities Bond Measure was adopted.
Motion approved on the following vote:
AYES: Members: Lucey, Hockett, Menesini, Boneysteele
NOES: Members: None
ABSENT: Members: Nejedly
At this time President Lucey proceeded to Consent Calendar Item 4.a., the Laurenita Way
Contractual Assessment District (CAD) No. 2000-1. In response to questions from
President Lucey, staff stated that formation of the Laurenita Way CAD was approved by
the Board in March 2000. The Laurenita Way CAD involves 14 properties in the Alamo
area and complies with all District CAD criteria.
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It was moved by President Lucey and seconded by Member Boneysteele, that Resolution
No. 2000-151 be adopted, establishing November 2, 2000 at 2:00 p.m. as the date and
time for a public hearing regarding the Laurenita Way CAD No. 2000-1 pursuant to
California Constitution Article XIII D, Section 4, and Streets and Highways Code, Sections
5898.20 and 5898.24. Motion approved on the following vote:
None
a.
AYES: Members: Lucey, Bòneysteele, Menesini, Hockett
NOES: Members: None
ABSENT: Members: Nejedly
5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER
6. REPORTS
GENERAL MANAGER
1 )
Mr. Batts, General Manager, stated that in March 2000 the Board authorized
award of the Outfall Improvements Project, Phase 4. Mr. Batts introduced
Mr. Ba Than, Associate Engineer, who provided an update on this project.
Mr. Than reported that the Outfall Improvements Project, Phase 4, was to
install a new 90 MGD final effluent pump and expand the outfall weir
structure to accommodate 135 MGD wet weather flow. The construction
of the weir modification has been completed and is ready for this winter's
wet weather season. Mr. Than showed slides and described the weir
structure modifications. The outfall is a 72-inch internal diameter pipe that
runs from the treatment plant to Suisun Bay. The land section of this pipe
run is 19,000 feet, and includes 1,492 pipe joints and 22 access manholes.
The submarine section of the outfall is 1,700 feet and has three access
manholes. In 1984, installation of 160 mechanical seals was completed on
the land section. In 1987, approximately 500 pipe joints were pressure
tested, an additional 126 mechanical seals were installed, 72 pipe joint
harnesses were installed, 12 air release assemblies were installed, 13 pipe
joints were pressure grouted, and inclinometer casings were installed at
critical pipe locations. Mr. Than showed slides as he described the
mechanical seal and harness installation, and inclinometer monitoring.
Inclinometer monitoring will be conducted semi-annually. The monitoring
schedule will be accelerated if significant ground movement occurs or if
there are earthwork activities around the outfall. Mr. Than stated that next
steps in this on-going project include inspection of the entire land section of
the outfall next summer. To do this work it is necessary to bypass the flow
to the District's basins. Existing mechanical seals will be checked and
additional mechanical seals installed if needed. Air release assemblies will
be checked. A Regional Water Quality Control Board permit is required to
bypass flow. Staff is working with the Regional Board to do that as part of
the District's National Pollutant Discharge Elimination System. (NPDES)
permit application. Effluent monitoring will be done during flow bypassing
to ensure that no discharge violations occur.
2)
Mr. Batts, General Manager, reported that the District will be going out to
~id on the Pleasant Hill Relief Interceptor Project, Phase 4, later this month.
Phase 4 will eliminate wet weather overflow problems at Price lane and
Gregory Lane. In addition, the project will extend the recycled water line
further into Pleasant Hill. Over the next several months the Board will be
asked to consider actions related to this project including approval of the
prequalified microtunneling contractors, approval o~ a Joint Use Agreement
with the Contra Costa County Flood Control District, and award of the
construction contract. Mr. Batts introduced Mr. Tad Pilecki, Senior
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Engineer, and Mr. Michael Penny, Assistant Engineer, who will be working
on this project.
Mr. Pilecki stated that in 1982 and 1986, the District experienced wet
weather overflows in the collection system. Much of that problem has been
addressed but there are still some lingering overflows in this area. The
1986 Collection System Master Plan was undertaken as a result of these
overflows. Mr. Pilecki showed a map and described the alignment for the
Pleasant Hill Relief Interceptor and selection of the optimum pipe route
which took into account input received at several public workshops. In
1993, Phase 1 and 2 of the Pleasant Hill Relief Interceptor were completed,
and. Phase 3 was completed in 1996. The total project cost to date has
been $26 million. This cost includes building the backbone of the recycled
water system. Phase 4 of the Pleasant Hill Relief Interceptor will be going
out to bid in the near future. Phase 4 includes 7, 100 feet of 30- to 40-inch
pipe and 8,000 feet of recycled water line. Mr. Pilecki showed slides of the
project alignment through Frank Salfingere Park along Grayson Creek, Ardith
Drive, Gregory Lane, a private road near the Smith property, the north end
of the Sequoia Middle School property, another private road, and finally Boyd
Road. Mr. Pilecki described the construction, constraints that are being
dealt with, and efforts being made to minimize impacts on residents. Mr.
Pilecki reviewed the project schedule for Phase 4 of the Pleasant Hill Relief
Interceptor Project calling for the project to go out to bid in late October
2000, award in December 2000, issuing the Notice to Proceed in early
January 2001, and completion of construction in December 2001. The
engineer's construction cost estimate for Phase 4 is $6 million.
3)
Mr. Batts, General Manager, stated at the last Board Meeting Associate
Engineer Alex Rozul provided an update on the District's Storm Damage
Repair Projects. At that time the Board requested information on the costs
of these projects. Mr. Batts distributed information on the estimated costs
of the District's Storm Damage Repair Projects.
4)
Mr. Batts, General Manager, reported that a mobile Household Hazardous
Waste Collection event was held in Lafayette at the BART parking lot on
September 23, 2000. This was the largest event in terms of participation
ever held by the District. There were approximately 400 participants. It is
believed that this high number is due to advertising the event in newspaper
flyers. The Contra Costa County Hazardous Materials Program inspected
the event and noted failure to meet certain on-site signage and
documentation requirements. These items are being addressed. The
County Hazardous Materials Program will be forwarding their report to the
District. The next mobile Household Hazardous Waste Collection event will
be held in San Ramon in late October.
Discussion followed with regard to a recent letter in the Contra Costa Times
from a resident who is unable to get to the temporary mobile events or the
permanent facility, and whether the cities wish to have mobile collection
events in their jurisdictions. The Board requested that staff notify the San
Ramon City Council, in writing if there is sufficient time, of the mobile
collection event and ensure that they have no objections to proceeding with
the event. It was noted that staff is working with the City of San Ramon
and that event will be held in the City of San Ramon Corporation Yard. Mr.
Batts stated that he would contact the San Ramon City Manager with
regard to advising the City Council of this event.
5)
Mr. Batts, General Manager, reported that in the upcoming election, the
Boards of both the Ironhouse Sanitary District and the Diablo Water District
are being challenged by a reform slate of candidates backed by an Oakley
City Council Member and supported by Oakley small businesses. The major
issue is that the City of Brentwood is attracting small businesses to its city
with lower or discounted connection and service fees for both water and
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wastewater. The reform slate wants to reduce costs, combine the two
districts, and spend reserves. The goal is to attract businesses and revenue
to the City of Oakley.
6)
Mr. Batts, General Manager, announced that several District employees will
be attending the Water Environment Federation (WEF) Conference in
Anaheim the week of October 16, 2000. Director of Plant Operations Jim
Kelly will take part in a workshop on Performance Measures, Plant Process
Control Engineer Randy Grieb and Senior Engineer Randy Schmidt are giving
a paper on a feedback control system for chemical dosing for an odor
control process, Senior Engineer Randy Schmidt and Associate Engineer Gail
Chesler will be presenting a paper on cyanide reduction, Assistant Engineer
Jade S'ullivan will be participating in a pre-conference workshop on
disinfection for reclaimed water, and Assistant Engineer Joe Pomroy will be
giving a paper on modeling sewer condition for capital planning. Dr. Chesler
and Mr. Schmidt will assist Human Resources Assistant Judy Rivers in
interviews of potential Staff Engineers. Mr. Batts noted that he, Director of
Engineering Ann Farrell, and Director of Collection System Operations John
Larson will also be attending the conference.
7)
Mr. Batts, General Manager, stated that Capital Improvement Budget/Plan
Board Workshop will be held at 2:30 p.m. on Thursday, October 12, 2000.
A briefing document was distributed to the Board. The workshop will focus
on the capital planning process. A workshop on the Contractual
Assessment District (CAD) Program will be scheduled in the near future. As
in past years, there will also be a Board workshop on the Capital
Improvement Budget after project descriptions and costs have been
developed.
8)
Mr. Batts, General Manager, stated that the District's retirement plan, the
Contra Costa County Employees' Retirement Association (CCCERA) is
seeking input on the use of surplus funds in its contingency reserve.
CCCERA is asking stakeholders (retirees, employe~s, and employers) to
comment on the use of the $239 million in uncommitted contingency
reserve. CCCERA proposes to give retirees additional cost-of-living
increases and maintain rates to employers including costs associated with
the Ventura decision. Mr. Batts stated that the District intends to write to
CCCERA requesting that the uncommitted funds be applied toward the
Ventura decision liability. The Ventura decision liability is currently
estimated at $194 million, but the full extent of the impact is not yet
known.
9)
Mr. Batts, G~neral Manager, announced that the District may have had a
major spill at its pressurized M-4A force main which carries wastewater
from Martinez to the Maltby Pumping Station. A pipe locating contractor
noticed water over the District's force main on October 3, 2000 and called
the District. A Collection System Operations (CSO) Department crew
responded to the call, pumping station personnel rerouted the flow, and the
CSO crew found that a pipe coupling was leaking. The leaking joint was
repaired that day. The cause and duration of the leak are not known. There
are no observable indications of standing water or ammonia traces near the
leak which was located in a tidal area. The District has notified all
regulatory agencies.
10)
.Mr. Batts, General Manager, stated that at the last Board Meeting, the
Board was advised that several District employees would be taking part in
Water Works 2000, a combined training conference for both water and
wastewater personnel. Mr. Batts introduced Mr. John Larson, Director of
Collection System Operations (CSO), who reported on the presentation and
sewer overflow response field demonstration given by Field Operations
Superintendent Bill Echols, Maintenance Crew Leader Steve Sauter,
Maintenance Crew Leader Tifton Gantt, and Construction Equipment
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Operator Chris Keith. The presentation included a review of current
regulations as well as sewer overflow response procedures. The
presentation focused on the role of the dispatcher, the initial response, site
assessment, types of response, response to a major overflow, containment,
personnel, vehicles and equipment, observations and sampling, reporting and
notification, and clean up. Copies of the presentation handout were
distributed to the Board for their information. Mr. Larson stated that about
50 people from 30 agencies around Northern California attended the
presentation and field demonstration. The District received very positive
responses. Mr. Larson stated that in addition to making this presentation,
Messrs. Echols, Sauter, Gantt, and Keith .designed the sewer overflow
response process and fabricated the equipment.
President Lucey and the Board of Directors commended Field Operations
Superintendent Bill Echols, Maintenance Crew Leader Steve Sauter,
Maintenance Crew leader Tifton Gantt, and Construction Equipment
Operator Chris Keith for the outstanding presentation and their initiative and
innovation in fabricating the overflow response equipment.
11 )
Mr. Batts, General Manager, stated that the District received a Certificate
of Appreciation from the California Association of Sanitation Agencies
(CASA) for nomination of the District's Integrated Pest Management
Program for the CAS A Innovation Award, and Mr. Kenton L. Aim, Counsel
for the District, received a Certificate of Appreciation for his nomination for
the CAS A Achievement Award.
b.
COUNSEL FOR THE DISTRICT
1 )
Mr. Kenton L. Aim, Counsel for the District, announced that the Agreement
Tolling the Statute of Limitations has been executed with the Ultraviolet
(UV) equipment supplier ABB.
c.
SECRETARY OF THE DISTRICT
None
d.
BOARD MEMBERS
1 )
Member Menesini announced that Ms. Shelly Malekos, of PG&E, will be
featured at the October 16, 2000 Environmental Alliance Discussion Series.
Ms. Malekos will discuss Electric Power Deregulation..
BREAK
President Lucey declared a recess at the hour of 3:15p.m., to view a sample mechanical
(WEKO) seal for the Outfall Improvements Project. President Lucey reconvened the
meeting at the hour of 3:32 p.m. with all parties present as previously designated.
Mr. Kenton L. Aim, Counsel for the District, stepped down into the audience and did not
participate in discussion of the following matter.
7. ADMINISTRATIVE
a.
CONSIDER RENEWAL OF CONTRACT FOR LEGAL SERVICES WITH KENTON L.
ALM AND SELLAR. HAZARD. MCNEELY. ALM & MANNING FOR THE PERIOD
FROM OCTOBER 1. 2000. THROUGH SEPTEMBER 30.2003. AND AUTHORIZE
THE BOARD PRESIDENT TO EXECUTE THE CONTRACT
Mr. Batts, General Manager, stated that District staff has completed negotiations on the
proposed three-year legal services.contract with District Counsel Kent Aim and his firm.
. Mr. Batts stated that Mr. Aim provides a vital and high quality service to the District and
staff recommends approval of this contract.
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In the discussion that followed it was noted that on page 3, paragraph 4, in the second
line the word "or" should be changed to "and," and on page 5, Article XI, paragraph 2, in
the second line "y" should be changed to "by."
It was moved by Member Menesini and seconded by Member Hockett, that the contract
for District legal services and Counsel for the District services by Kenton L. Aim and
Sellar, Hazard, McNeely, Aim & Manning for the period from October 1, 2000 through
June 30, 2003 be approved with the changes noted above, and that the Board President
be authorized to execute said contract. There being no objection, the. motion was
approved with Member Nejedly being absent.
President Lucey stated that in his 32 years of practicing law, Mr. Aim is one of the finest
attorneys and individuals he has ever worked with.
Mr. Aim thanked President Lucey and the Board for their confidence.
8. APPROVAL OF MINUTES
a.
MINUTES OF SEPTEMBER 7. 2000
It was moved by Member Menesini and seconded by Member Boneysteele, that the
minutes of September 7, 2000 be approved as presented. There being no objection, the
motion was approved with Member Nejedly being absent.
9. APPROVAL OF EXPENDITURES
a.
EXPENDITURE LIST DATED OCTOBER 5. 2000
Member Menesini, Chair of the Budget and Finance Committee, stated that questions
were answered with the assistance of Director of Administration Paul Morsen and
Controller Debbie Ratcliff, and the expenditures were found to be in order. In response
to a question from Member Menesini, Mr. Batts stated that a report on the mobile radio
system and cellular telephones will be made at the next Board Meeting.
Member Boneysteele left the meeting at the hour of 3:41p.m.
Following discussion of the recycled water agreement with Contra Costa Country Club,
it was moved by Member Menesini and seconded by President Lucey, that the Expenditure
List dated October 5, 2000 including Self Insurance Check Nos. 101651- 101656, Running
Expense Check Nos. 127638-127871, and Sewer Construction Check Nos. 22633-
22675, be approved as recommended. There being no objection, the motion was
approved with Members Nejedly and Boneysteele being absent.
10. BUDGET AND FINANCE
a.
AUTHORIZE AMENDMENT TO THE DEFERRED COMPENSATION
AGREEMENT WITH ICMA RETIREMENT CORPORATION
PLAN
,
Member Boneysteele returned to the meeting at the hour of 3:43 p.m.
Mr. Batts, General Manager, stated that the District's Deferred Compensation Plan
Advisory Committee has reviewed the existing plan document and is recommending an
enhancement to the District's 457 Deferred Compensation Plan through the ICMA
provider. This enhancement provides for a cost of living adjustment for retirees. Mr.
Batts introduced Ms. Deborah Ratcliff, Controller, who stated that the Internal Revenue
Service (IRS) regulations relating to 457 Plans are very strict, and provide that there can
be no substantially increasing payments after an employee selection is made. This makes
it difficult for retirees to keep up with inflation. ICMA has received a private letter ruling
from the IRS that would allow Consumer Price Index (CPI) adjustments each year. The
District's 457 Plan documents do not provide for that and staff would recommend they
be changed. Ms. Ratcliff noted that this would be strictly voluntary and retirees would
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not be required to do this. The Deferred Compensation Plan Advisory Committee
recommends that the amendment be made retroactive to January 1, 2000.
Following discussion, it was moved by Member Menesini and seconded by President
Lucey, that the amendment to the current Deferred Compensation Plan Agreement with
ICMA Retirement Corporation adding a sixth payment option which allows for payments
of a specified amount as well as an option for an annual cost of living increase be
. approved, and that the President of the Board of Directors be authorized to execute said
amendment. There being no objection, the motion was approved with Member Nejedly
being absent.
b.
RECEIVE 1999-2000 CAPITAL IMPROVEMENT BUDGET YEAR END STATUS
REPORT
Mr. Curt Swanson, Environment Services Division Manager, presented the 1999-2000
Capital Improvement Budget (CIB) Year End Status Report. The CIB is divided into four
programs, the Treatment Plant Program, the Collection System Program, the Recycled
Water Program, and the General Improvements Program. Mr. Swanson stated that eight
to ten proje~ts account for 60 to 80 percent of all the expenditures. Mr. Swanson
reviewed the major projects in the each of the Programs, noting that differences between
year end actual and CIB estimates are because of time related shifts in expenditures
between one fiscal year and another and do not represent changes in project costs.
President Lucey stated that it is not uncommon that more is budgeted than is actually
spent in a given year. Mr. Swanson stated that while the difference between budgeted
and actual expenditures may go up and down if you look at any given point, over time
actual expenditures are fairly close to budget.
Mr. Swanson stated that actual CIB expenditures of $20 million plus debt retirement of
$864,000 were $6.9 million less than budget, representing a 25 percent favorable
variance. Actual CIB revenues of $21.5 million were $265,000 less than budget,
representing a 1.2 percent unfavorable variance. The Sewer Construction Fund balance
at June 30, 2000 was $43,963,819.
President Lucey declared that the 1990-2000 Capital Improvement Budget Year End
Status Report was duly received.
c.
RECEIVE AUGUST 2000 FINANCIAL STATEMENTS
Ms. Deborah Ratcliff, Controller, reviewed the results of operations and maintenance for
the month of August 2000, noting that expenditures were $54,000 less than budget,
representing a 1.9 percent favorable variance. Year-to-date expenditures were $922,000
less than budget, representing a 14.9 percent favorable variance. Year-to-date revenues
of $1,649,000 were right on budget.
Ms. Ratcliff reported that the District's temporary investments were held in Treasury bills
and Treasury notes and the District's Local Agency Investment Fund (LAIF) account with
interest rates ranging from 5.7 percent to 6.77 percent. The latest interest rate as of
May 2000 was 6.39 percent. The average yield of the District's LAIF account through
July 2000 was 6.44 percent.
President Lucey declared that the August 2000 Financial Statements were duly received.
1 1. EMERGENCY SITUATIONS REQUIRING BOARD ACTION
None
12. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS
Member Menesini requested an update on Total Maximum Daily Loads (TMDL's).
Following a brief discussion, it was decided that an update will be provided to the Board
after the ruling on the Tosco National Pollutant Discharge Elimination System (NPDES)
appeal has been made, probably early in 2001.
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President Lucey stated that there was an item on the Consent Calendar relating to an
emergency withdrawal of funds from the Deferred Compensation Plan. To ensure the
privacy of the individuals, President Lucey asked if these matters could be handled other
than by the Board in open session. Member Boneysteele expressed concern with such an
approach and requested that this matter be calendared for discussion at a future Board
Meeting.
It was noted that a report on the mobile radio system and cellular telephones will be made
at the next Board Meeting.
13. CLOSED SESSION
a.
EXISTING LITIGATION
The closed session was held to discuss existing litigation pursuant to Government Code
Section 54956.9(a). The title of the litigation to be discussed is Central Contra Costa
Sanitary District v. City of San Ramon, Contra Costa County Superior Court Case No.
COO-02560.
b.
SIGNIFICANT EXPOSURE TO LITIGATION
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 circumstances, there is a significant
exposure to litigation against the District. One potential matter is to be discussed.
c.
INITIATION OF LITIGATION
This closed session was not held
d.
PERSONNEL MA TIERS
This closed session was not held.
At 4:05 p.m., President Lucey declared the closed session to discuss litigation as noted
in Items. 13.a. and 13.b. above. Items 13.c. and 13.d. were removed from the agenda
and were not discussed. At 4:40 p.m., Member Menesini excused himself and left the
meeting. At 4:45 p.m., President Lucey concluded the closed session and reconvened the
meeting in open session.
14. REPORT OF DISCUSSIONS IN CLOSED SESSION
No decisions were made or votes taken in closed session which require reporting at this
time.
1 5. ADJOURNMENT
At 4:45 p.m., President Lucey adjourned the meeting to reconvene at 2:30 p.m. on
Thursday, October 12, 2000, in the Second Floor Conference Room, 5019 Imhoff Place,
Martinez, California, for a Capital Improvement Budget/Plan Board W rkshop.
'\
resident of he oard of Directo s,
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
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