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HomeMy WebLinkAboutBOARD MINUTES 10-05-00 177 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 10 05 00 178 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. 10 05 00 179 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 10 05 00 180 _1' tr \\ ,'If; 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 05 ¡,r'~~ If,,: i,' ¡Ii ~.. ~.JY '\. , 181 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 10 05 00 182 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. 1(9 0'.. ¡.'., \ .- ,.~ ":-'" {) Ui ~b 183 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 10 05 (¡)f~ \ß )1 184 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. 10 05- ['~.~ 4."~ Ut, 185 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: 10 05 (~ ()