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HomeMy WebLinkAboutBOARD MINUTES 06-09-98 137 MINUTES OF THE ADJOURNED REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON JUNE 9, 1998 The District Board of the Central Contra Costa Sanitary District convened in an adjourned 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 June 9, 1998. President Nejedly called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Lucey, Menesini, Hockett, Boneysteele, Nejedly ABSENT: Members: None 2. PUBLIC COMMENTS None 3. AWARDS AND COMMENDATIONS a. PRESENTATION OF SAFETY SUGGESTION OF THE YEAR AWARD FOR 1996 TO MR. KENNETH HARRISON. MAINTENANCE TECHNICIAN III. MECHANICAL. PLANT OPERATIONS DEPARTMENT Mr. Roger J. Dolan, General Manager-Chief Engineer, introduced Mr. Steve Larsen, Chair of the District Safety Committee. Mr. Larsen stated that the District has been going through a reorganization so unfortunately the Safety Suggestion of the Year Award for 1996 is late. Mr. Ken Harrison, Maintenance Technician III, Mechanical, makes safety part of his day-to-day work ethic. In 1996 Mr. Harrison recognized there was a problem with the odor scrubber. Mr. Harrison suggested that a hypochlorite pump and No.1 water solenoid be placed in the shutdown interlock mode when the positive displacement blower is shutdown to prevent the positive displacement blower's discharge line from filling with hypochlorite solution during load-shedding. The Safety Suggestion of the Year Award for 1996 was presented to Mr. Kenneth Harrison and he was commended for his efforts to promote a safe workplace. b. PRESENTATION BY JENNIFER BEVINGTON AND MICHAEL DUTY. OF THE LINDSAY MUSEUM. OF OUTSTANDING PARTNERSHIP SUPPORT AWARD TO CENTRAL CONTRA COSTA SANITARY DISTRICT Mr. Dolan, General Manager-Chief Engineer, introduced Ms. Jennifer Bevington, the former Student Program Coordinator for Lindsay Museum, Ms. Tessa Lepper, the new Student Program Coordinator, and Ms. Cynthia Reindl, the Sewer Squad Classroom Teacher and wife of Mr. Dave Reindl, Associate Engineer at the District. Ms. Bevington stated that the District's partnership with Lindsay Museum has been very important in increasing awareness in the community of the need for pollution prevention. Ms. Bevington stated that the Lindsay Museum wished to take this opportunity to thank the District and the employees for their work on this partnership, particularly General Manager-Chief Engineer Roger Dolan, Community Affairs Manager Harriette Heibel, Public Information and Graphics Coordinator Ken Grubbs, Graphics Technician III Son Nguyen, and Public Information and Production Assistants Tim Tullis and Chris Carpenter. Ms. Bevington presented the Outstanding Partnership Support Award to the District for its support in making the joint pollution prevention programs, particularly the Sewer Squad Program, so successful. 06 09 98 138 4. CONSENT CALENDAR It was moved by Member Menesini and seconded by Member Lucey, that the Consent Calendar, consisting of Items a. through e., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. Resolution No. 98-059 accepting work and Offers of Dedication from Clyde E. Pitchford, et ai, Job 5272, Parcel 1, Sessions Road, Lafayette area, was adopted and recording was authorized. a. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: b. Menesini, Lucey, Hockett, Boneysteele, Nejedly None None Resolution No. 98-060 accepting work and Offers of Dedication from Rameshchandra and Indira Patel, Job 5272, Parcel 2, Sessions Road, Lafayette area, was adopted and recording was authorized. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Menesini, Lucey, Hockett, Boneysteele, Nejedly None None Resolution No. 98-061 accepting work and Offers of Dedication from Lynn M. Jansen, et ux, Job 5249, Parcel 1, Gurney Lane at Danville Boulevard, Alamo area, was adopted and recording was authorized. c. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: d. Menesini, Lucey, Hockett, Boneysteele, Nejedly None None The contract work for construction of the Pavement Refurbishment Phase I Project, DP 6074, was accepted and the filing of the Notice of Completion was authorized. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Menesini, Lucey, Hockett, Boneysteele, Nejedly None None The attendance of Ms. Jonalea Ostlund, Chemist II, was authorized at the Northwestern Analytical, Inc. Training Seminar in Portland, Oregon on June 18 and 19, 1998 at a cost of $1,300. e. Motion unanimously approved on the following vote: 06 09 98 139 AYES: Members: NOES: Members: ABSENT: Members: Menesini, Lucey, Hockett, Boneysteele, Nejedly None None 5. HEARINGS a. CONDUCT A PUBLIC HEARING TO ESTABLISH REIMBURSEMENT FEES FOR THE LEONA COURT CONTRACTUAL ASSESSMENT DISTRICT NO. 97-2 At 2:07 p.m., President Nejedly opened the public hearing to receive public comment relative to establishing reimbursement fees for the Leona Court Contractual Assessment District No. 97-2. Mr. Dolan, General Manager-Chief Engineer, introduced Mr. Jay S. McCoy, Infrastructure Division Manager, who stated that the purpose of this public hearing is to establish reimbursement fees for those who did not participate in the Leona Court Contractual Assessment District (CAD) No. 97-2. As the four nonparticipants eventually connect their homes in the future, each nonparticipant will be required to pay standard connection fees. In addition, a reimbursement fee will be collected from each nonparticipant and will be used to equalize the assessments for the participants and the subsequent connectors. Mr. McCoy showed a map of the properties in question and the proposed reimbursement fee. Mr. McCoy noted that a chart was provided with the position paper showing the arithmetic derivation of the fees. Discussion followed with regard to recognition of the time value of money. There being no written correspondence or comments from the public, President Nejedly closed the public hearing at the hour of 2: 1 0 p.m. It was moved by Member Hockett and seconded by Member Lucey, that Resolution No. 98-062 be adopted, establishing reimbursement fees for Leona Court CAD No. 97-2. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Hockett, Lucey, Menesini, Boneysteele, Nejedly None None b. CONDUCT PUBLIC HEARINGS TO RECEIVE PUBLIC COMMENT ON THE 1998- 1999 OPERATIONS AND MAINTENANCE BUDGET AND THE SELF-INSURANCE FUND BUDGET AND ON PLACING THE SEWER SERVICE CHARGES ON THE COUNTY TAX ROLL FOR COLLECTION At 2: 11 p.m., President Nejedly opened the public hearing to receive public comment on the 1998-1999 Operations and Maintenance (O&M) Budget and the Self-Insurance Fund Budget. Mr. Dolan, General Manager-Chief Engineer, stated that a workshop was held previously and the O&M Budget and Self-Insurance Fund Budget were reviewed in detail. Ms. Deborah Ratcliff, Controller, stated that during the detailed presentation at the last Board Meeting a question came up on revenues from the City of Concord. Ms. Ratcliff distributed a document showing Concord contributions for seven years from 1993 to 1999, including O&M revenues from shared facilities and Household Hazardous Waste Collection Facility, and capital revenues. The average annual change in revenues for the seven-year period was 2.45 percent, very close to the Consumer Price Index (CPl). In 1 997, Concord revenues were higher than other years because Concord shared in the cost of litigation. Then the following year it is quite low when subrogation fund were received 06 09 98 140 and Concord shared in those as well. Discussion followed with regard to representations by the City of Concord to their ratepayers relating the increases in costs. There being no comments from the public or written protests, President Nejedly closed the public hearing at the hour of 2: 19 p.m. At 2: 19 p.m., President Nejedly opened the public hearing to receive public comments concerning collection of the 1998- 1999 Sewer Service Charges on the County tax roll. Mr. Dolan, General Manager-Chief Engineer, stated that it much more economical to collect the Sewer Service Charges on the County tax roll than the alternative of direct billing by the District. There being no comments from the public or written protests, President Nejedly closed the public hearing at the hour of 2:21 p.m. It was moved by Member Lucey and seconded by Member Hockett, that the 1998- 1 999 O&M Budget and Self-Insurance Fund Budget be approved, and that Resolution No. 98- Qfi3 be adopted, authorizing collection of the 1998-1 999 Sewer Service Charges on the County tax roll. Motion unanimously approved on the following vote: AYES: Members: Lucey, Hockett, Menesini, Boneysteele, Nejedly NOES: Members: None ABSENT: Members: None c. CONDUCT A PUBLIC HEARING ON THE DRAFT FISCAL YEAR 1 998-1 999 CAPITAL IMPROVEMENT BUDGET (CIB) AND DRAFT 1998 TEN-YEAR CAPITAL IMPROVEMENT PLAN (CIPL APPROVE THE 1998 CIP. AND APPROVE THE CIB FOR INCLUSION IN THE 1 998-1 999 DISTRICT BUDGET At 2:23 p.m., President Nejedly opened the public hearing to receive comments on the draft Fiscal Year 1998-1999 Capital Improvement Budget (CIB) and the 1998 Ten-Year Capital Improvement Plan (CIP). Mr. Dolan, General Manager-Chief Engineer, displayed the CIB/CIP document which has been reviewed in both a Board workshop and a Board Meeting. Mr. Dolan indicated that staff would like to provide supplemental information to the Board at this time. Mr. Dolan introduced Mr. Jarred Miyamoto-Mills, Principal Engineer, who stated that at the Board Committee Meeting/Workshop on April 14, 1998, the CIB/CIP was discussed in some detail. At that time it was noted that there was a glitch in the software and some of the numbers were inaccurate. Those problems have been corrected and the document now before the Board reflects the correct amounts. Today it is requested that the Board approve the CIP and approve the CIB for inclusion in the District budget which will be calendared for adoption on June 18, 1998. Mr. Miyamoto-Mills provided an overview of the 1998 CIP indicating that ten-year expenditures are just under $200 million. That total represents $63.7 million for the Treatment Plant Program, $123.0 million for the Collection System Program, $6.8 million for the General Improvements Program, and $6.3 million for the Recycled Water Program. Board approval of the CIB includes authorization of additional funds in the amount of $9,119,000 for the Treatment Plant Program, $15,299,000 for the Collection System Program, $954,000 for the General Improvements Program, and $580,000 for the Recycled Water Program, for a total authorization of $25,951,000. Mr. William E. Brennan, Plant Engineering Division Manager, reviewed the goals of the Capital Improvement Program as follows: . . . To protect public health and environment; To accommodate planned future growth; and To respond to community concern. 06 09 98 141 Mr. Brennan distributed a handout and described the major goals as they relate to individual program goals and projects associated with each. There being no comments from the public or written protests, President Nejedly closed the public hearing at the hour of 2:35 p.m. Following discussion of the cured-in-place pipeline process and the integration of the Capital Improvement Budget and the Operations and Maintenance Budget, it was moved by Member Hockett and seconded by Member Menesini, that the draft 1998 Ten-Year CIP be approved, and that the Fiscal Year 1998-1999 CIB be approved be inclusion in the 1998-1999 District Budget. There being no objection, the motion was unanimously approved. 6. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Mr. Dolan, General Manager-Chief Engineer, requested that Engineer Report Items 8.a.1) and 8.a.4) be taken out of order to accommodate interested persons in the audience. President Nejedly proceeded to Item 8. Reports. 8. REPORTS a. GENERAL MANAGER-CHIEF ENGINEER 4) Mr. Dolan, General Manager-Chief Engineer, stated that recently the District received a request from the Lamorinda School Bus Authority to locate a compressed natural gas (CNG) fueling station at the District's Springbrook Road, Walnut Creek location. All fleet owners will be facing this issue in the future. The Lamorinda School Bus Authority is planning to hire a consultant to identify available options. Preliminary review has focused on the District's Springbrook Road site. Since the consultant is not yet on board, space requirements or other specifics are not yet known. Mr. Sarge Littlehale, Orinda City Councilmember and Member of the Lamorinda School Bus Authority, provided background on the Lamorinda School Bus Authority and presented their request for use of District property for a CNG fueling station. Mr. Ron Enzweiler, Moraga Town Councilmember and Chair of the Lamorinda School Bus Authority, stated that the Lamorinda School Bus Authority has received a $200,000 grant from the State of California for this purpose. In addition, the Authority has budgeted $160,000. These funds are sufficient to build a high-pressure, rapid-fill CNG fueling station. As part of a larger project, the Authority is working with the Contra Costa County and the Contra Costa County Transportation Authority to do a County-wide feasibility study. Initial review indicates the District's Springbrook Road site would be feasible. Survey work will be done and the Authority will come back to the District Board to report the results of the feasibility study. The facility would be open only to government and municipal vehicles. There is a companion project for a bus parking lot at Acalanes High School. Discussion followed concerning potential impacts on residences near the District's Springbrook Road site, concern for congestion in the area and on the District property, and other possible sites for the CNG fueling station. Although some Board Members indicated a reluctance to proceed based on potential impacts on the neighborhood and congestion on the District's property, the Board indicated they would consider the results of the feasibility study. At this time, President Nejedly proceeded to Engineer's Report Item 1. 06 09 98 142 06 1 ) Mr. Dolan, General Manager-Chief Engineer, stated that the Board has previously considered the issue of extension of the Tanglewood Subdivision sewer and encouraged the homeowners to try to reach agreement. Mr. Dolan introduced Mr. Jay S. McCoy, Infrastructure Division Manager, who showed a map and described the Tanglewood area and the sewer extension requested to serve properties on Mountain View Drive in Lafayette. Since this issue was discussed with the Board last, there have been discussions with the property owners. Representatives of both groups are present at the Board Meeting today. Mr. Bob Kelso, President of the Tanglewood Homeowners Association, described discussions between Mountain View Drive representatives and representatives of the Tanglewood Homeowners Association. The issue has been presented as a public health issue relating to failing septic systems. Problems arise for the Tanglewood Homeowners Association with new construction that could result from the sewer extension and problems resulting from drainage. The Tanglewood Homeowners Association is willing to sell the easements for the originally agreed to price for extension of the sewer to serve the homes on Mountain View Drive with failing septic systems with the following conditions: . Engineering studies to be done confirming that the proposed sewer extension can handle the additional flow; . Engineering studies to be done detailing precisely where the water now running under the residence at 836 Tanglewood Drive and future drainage from additional development will go; . A $25,000 construction bond to be established to ensure completion of drainage projects; and . $10,000 to be paid to the Tanglewood Homeowners Association for their monitoring and other projects if required or to sue if the work is not done. Mr. Brian Quinn, Mountain View Drive resident, discussed the concern for new construction, describing the homes proposed and approved for construction on properties that would be served by the sewer extension. Three new homes are proposed which could connect to the sewer and could possibly affect drainage. Mr. Quinn questioned why Tanglewood Homeowners Association representatives did not attend the public hearings when the subdivision was approved by the City of Lafayette. The plan for the development will not impact the sewer line however, so Mr. Quinn questioned why it is being raised at the Central Contra Costa Sanitary District Board Meeting. Mr. Quinn stated that it could be years before anyone builds on these lots. No one now has plans on the table to build so it is difficult for an engineering study to be done on drainage impacts. Discussion following with regard to the previous agreement of Tanglewood Homeowners Association to provide the required easements, the ability of the District to pursue a quiet title action or condemnation, the fact that there is sufficient capacity in the existing pipeline to handle maximum build out proposed, current drainage issues, and District maintenance of the existing public sewer. Mr. Dolan stated that the District is not a stormwater agency. The City of Lafayette has the authority to make that decision. Mr. Dolan encouraged both parties to work with the City of Lafayette to find out what normal conditions would be imposed by the City of Lafayette and to try to reach a compromise to resolve this problem. 09 98 143 Member Lucey expressed concerned that there will be more and more of these situations as septic tanks get older and others do not want to allow development. When the parties do not agree, at what point must the District provide service? Mr. Dolan stated that for the Board to take an action consistent with building the pipeline as soon as possible, the Board must make a decision to condemn. That is not on this agenda. If the Board wishes to do that, the Board may request that a position paper be prepared for consideration on an upcoming Board Meeting agenda. Mr. Anderson, Mountain View Drive resident, stated that the conditions proposed by the Tanglewood Homeowners Association are unacceptable. It would be folly for a Mountain View Drive resident whose property drains in the opposite direction to guarantee drainage from the Hourany property as a condition to connect to the sewer. It is not something that could be or would be agreed to by any of the property owners with failing septic tanks. The property owners with failing septic systems are stuck with being unable to connect to the sewer because of conditions required by Tanglewood Homeowners Association that have nothing to do with the properties with failing septic systems. Mr. Anderson stated that the Central Contra Costa Sanitary District has an obligation to act to provide sewer service. Mr. Dolan stated that if within some reasonable period of time, the District does not hear that an amicable solution are been reached between the parties, paperwork will be prepared to proceed with condemnation of the necessary easements. At this time, President Nejedly reverted to the order of the agenda. 7. BIDS AND AWARDS a. AUTHORIZE AWARD OF CONSTRUCTION CONTRACT TO MCGUIRE AND HESTER AND AUTHORIZE AN AGREEMENT WITH DCM/JOY AL ENGINEERS FOR THE MARTINEZ EASTSIDE TRUNK SEWER IMPROVEMENTS PROJECT. DP 4950 b. AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO SPARKS ROOFING COMPANY FOR TREATMENT PLANT ROOF REPLACEMENT PHASE" PROJECT. DP .612.Q It was moved by Member Menesini and seconded by President Nejedly, that award of a construction contract in the amount of $4,540,761 be authorized for construction of the Martinez Eastside Trunk Sewer Improvements Project, DP 4950, to McGuire and Hester, the lowest responsible bidder, and that the General Manager-Chief Engineer be authorized to execute an agreement for $65,000 with DCM/Joyal Engineers to provide geotechnical engineering and inspection services during construction; and that award of a construction contract in the amount of $145,610 be authorized for construction of the Treatment Plant Roof Replacement Phase /I Project, DP 6120, to Sparks Roofing Company, the lowest responsible bidder. There being no objection, the motion was unanimously approved. 8. REPORTS a. GENERAL MANAGER-CHIEF ENGINEER 1 ) Consideration of the Tanglewood Homeowners Association Sewer Extension was taken out of order earlier in the agenda. 2) Mr. Dolan, General Manager-Chief Engineer, stated that the response to the Central Contra Costa Solid Waste Authority (CCCSWA) for a legal opinion to support actions taken by the District in approving dispersal of funds relating to solid waste management has been prepared by Ms. Dianne Barry, 06 09 98 144 7) 8) 06 09 legal counsel retained by the District. It was the consensus of the Board that the legal opinion be sent to CCCSWA. 3) Mr. Dolan, General Manager-Chief Engineer, stated that Walnut Creek City Councilmember Sue Rainey had proposed to the Sanitation and Water Agencies of Contra Costa County that a master plan be undertaken to develop a proposed distribution system for recycled water in Contra Costa County. As a result of that master plan, as public works projects proceed to build water and sewer pipelines in streets, recycled water pipelines would be built as well with the idea it would be cheaper to hook up if the recycled water pipelines were built in that way. Also, it would mitigate disruption to the community and paving damage. The City of Walnut Creek has a tentative interest in pursuing the concept further. District staff has talked with Mr. Randy Raines, Project Manager for the Regional Recycling Study, who indicated that he would support funding at least part of this engineering effort as a demonstration project in the Regional Plan. The Management Committee for the Regional Plan has not yet met to consider the concept. East Bay Municipal Utility District (EBMUD) is not overly enthusiastic about the concept as they do not want to burden water pipeline projects with this added cost. They have indicated that they will abandon a fairly large pipeline in Walnut Creek that could be used for recycled water distribution when they do an upcoming project. Following discussion, it was the consensus of the Board that District staff continue its role on this effort. 4) The update on the request of the Lamorinda School Bus Authority to locate a compressed natural gas fueling station at the District's Springbrook Road, Walnut Creek location was taken out of order earlier in the agenda. 5) Mr. Dolan, General Manager-Chief Engineer, stated that at the first Strategic Planning Session, it was decided to prepare and distribute a report to all employees giving the highlights of the session and requesting their input. The input received will be presented at the June 12, 1998 Strategic Planning Session. Mr. Dolan asked if there was any input from the Board relative to the process. The Board indicated that the process was acceptable. 6) Mr. Dolan, General Manager-Chief Engineer, stated that the District has two lengths of pipe in Moraga Way in the vicinity of the South Orinda Sewer Improvements Project that have adverse grades and therefore accumulate grease and sediment. The pipes need to be fixed, and there is no better time than now, prior to the City of Orinda paving project. Staff had considered doing the work at night and was told that was not possible because of noise. It is intended that the project will be done during the non- commute hours of the day by Mountain Cascade by change order. Traffic and noise problems will occur. Work will be done as quickly as possible to fix the pipe and get out of the area. The bigger problem will occur when the City of Orinda paves the street. Mr. Dolan, General Manager-Chief Engineer, stated that the Board had requested information on the Regional Water Recycling questionnaire sent to elected officials. Mr. James Kelly, Director of Plant Operations, contacted Mr. Randy Raines of the Regional Recycling Study who explained that recycled water projects are different than other projects in that they are found to be largely Board directed at the policy level. For that reason, the Regional Recycling Study Project Team decided to try to undertake a questionnaire to determine if Boards and staffs were proceeding in the same direction. That is why an independent Board opinion was requested. Mr. Dolan, General Manager-Chief Engineer, announced that work is proceeding on installation of the new security access system. One element of that project is photo identification/access cards to replace the old key 98 145 system. Board Members' photographs will be taken at 1 :30 p.m. on Thursday, June 18, 1998, immediately before the Board Meeting. 9) Mr. Dolan, General Manager-Chief Engineer, announced that the District is advertising for a project to redirect the sludge overflow pipe to the Headworks. The engineer's estimate for that work is $60,000. 10) Mr. Dolan, General Manager-Chief Engineer, announced that staff has been advised that the Regional Water Quality Control Board (RWQCB) is issuing a Notice of Violation for the Orinda Crossroads Pumping Station overflow, but the paperwork has not yet been received. A report will be made at a future meeting when the information is received. 11 ) Mr. Dolan, General Manager-Chief Engineer, announced that the new recycled water pipe being used to provide recycled water to Buchanan Golf Course has sprung a leak. The leak was fixed by the contractor under the warranty period and is back in service. It was reported to the Regional Water Quality Control Board as a recycled water spill. The large leak was stopped in one minute and the dripping was stopped in ten minutes so not much water was spilled. BREAK President Nejedly declared a recess at the hour of 4:22 p.m., reconvening at the hour of 4:30 p.m., with all parties present as previously designated. b. COUNSEL FOR THE DISTRICT 1 ) Mr. Kenton L. Aim, Counsel for the District, reported that after the last Board Meeting a letter was received indicating that Windemere Ranch Partners was in the process of trying to sell their interest in their land in the Dougherty Valley to another group of developers. The sale had been negotiated and was in escrow waiting for District approval of the Windemere Ranch Partners and Shapell Industries of Northern California Agreement for Reimbursement of Planning, Design, Construction, and Property Rights Acquisition Costs for the Dougherty Tunnel and Trunk Sewer Project, DP 5902, which was approved at the May 21, 1998 Board Meeting. The letter indicated that bills should be sent to Windemere BLC rather than Windemere Ranch Partners. The Agreement has been signed by Windemere Ranch Partners and they are being required to provide proper documentation to be sure the appropriate party is signing the Agreement. If the documentation is adequate, the General Manager-Chief Engineer will sign the Agreement on behalf of the District. c. SECRETARY OF THE DISTRICT None d. BOARD MEMBERS 1 ) 2) Member Hockett distributed draft minutes from the May 28, 1998 Sanitation and Water Agencies Meeting and briefly reported on the meeting held at Mt. View Sanitary District. Member Lucey reported on the June 8, 1998 Personnel Committee Meeting at which authorization was given to fill the vacant Secretary III position in the Infrastructure Division (Environmental Services Division) of the Engineering Department, and authorization was given for approval to fill five Plant Operator III positions through promotional examination and the provisional appointment process to facilitate certification at the State Grade III level. Member Menesini reported that in addition, a report of the proposed Engineering Department reorganization was made. 06 09 98 146 3) Member Menesini provided a report on the Association of Metropolitan Sewerage Agencies Competitiveness (AMSA) Conference which he and several District staff members attended on June 2 and 3, 1998 in San Francisco. Member Menesini distributed a summary of the conference prepared by Director of Collection System Operations John Larson. Member Menesini briefly described some of the key strategies for being competitive and the assessment of the District competitiveness. 9. HUMAN RESOURCES a. ADOPT THE CLASS DESCRIPTION OF CAPITAL PROJECTS DIVISION MANAGER AND ENVIRONMENTAL SERVICES DIVISION MANAGER AND DELETE THE CLASS DESCRIPTION OF ENGINEERING DIVISION MANAGER AND INFRASTRUCTURE DIVISION MANAGER Member Lucey, Chair of the Personnel Committee, stated that he and Member Menesini have reviewed this matter with staff and would recommend approval. It was moved by Member Menesini and seconded by Member Lucey, that the revised class descriptions of Capital Projects Division Manager and Environmental Services Division Manager be adopted reflecting their new divisions, and that the class descriptions of Engineering Division Manager and Infrastructure Division Manager be deleted. There being no objection, the motion was unanimously approved. 10. LEGAL/LITIGATION a. DENY CLAIM OF BETH MAPLES FOR ALLEGED DAMAGES It was moved by Member Hockett and seconded by Member Menesini, that the claim by Ms. Beth Maples, Engineering Technician II, be denied and referred to District labor counsel for further action. There being no objection, the motion was unanimously approved. b. DENY CLAIM FOR UNSPECIFIED DAMAGES FROM ROBERT M. AND CECILIA E. SLlEPKA It was moved by Member Hockett and seconded by President Nejedly, that the claim by Robert M. and Cecilia E. Sliepka for unspecified damages be denied and referred to staff for further action. There being no objection, the motion was unanimously approved. 11. APPROVAL OF MINUTES a. MINUTES OF REGULAR BOARD MEETING OF MAY 7. 1998 It was moved by Member Menesini and seconded by President Nejedly, that the minutes of the Regular Board Meeting of May 7, 1998 be approved as presented. Motion approved with Members Hockett and Menesini abstaining because they were not present at the meeting of May 7, 1998. b. MINUTES OF ADJOURNED REGULAR BOARD MEETING OF MAY 14. 1998 It was moved by Member Lucey and seconded by Member Menesini, that the minutes of the Adjourned Regular Board Meeting of May 14, 1998 be approved as presented. Motion approved with Member Hockett abstaining because she was not present at the meeting of May 14, 1998. 12. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED JUNE 9. 1998 It was moved by Member Boneysteele and seconded by President Nejedly, that the Expenditure List dated June 9, 1998, including Self-Insurance Check Nos. 101452- 06 09 98 147 101454, Running Expense Check Nos. 110683-110985, Sewer Construction Check Nos. 19797-19843, and Payroll Check Nos. 48422-49198, be approved as recommended. There being no objection, the motion was unanimously approved. 13. BUDGET AND FINANCE a. RECEIVE APRIL 1998 FINANCIAL STATEMENTS Ms. Deborah Ratcliff, Controller, reviewed the results of operations and maintenance expenses for the month of April 1998, noting that expenses were $262,000 over budget, representing a 10.9 percent unfavorable variance. Year-to-date expenses were $814,000 less than budget, representing a 3.4 percent favorable variance. For the ten months ended April 1998, revenues were $26,181,000 or $673,000 greater than budget, representing a 2.6 percent favorable variance. 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 5.16 percent to 6.45 percent. The latest interest rate as of April 1998 was 5.22 percent. The average yield of the LAIF account through March 1998 was 5.68 percent. President Nejedly declared that the April 1998 Financial Statements were duly received. 14. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 1 5. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS President Nejedly requested an update as information becomes available on any enforcement actions relating to recent spills and problems. 16. CLOSED SESSION a. EXISTING LITIGATION The closed session was held to discuss existing litigation pursuant to Government Code Section 54956.9(a). The titles of the litigation discussed were: 1 ) CCCSD v. Orinda Moraga Disposal Service, Inc., et al- Contra Costa County Superior Court No. C96-00562; and 2) Vernon D. Paulson, et al v. Board of Retirement of the Contra Costa County Employees Retirement Association, et al - Contra Costa County Superior Court No. C96-02939. 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. At 5:01 p.m., President Nejedly declared the closed session to discuss litigation pursuant to Government Code Sections 54956.9(a) and (b) as noted above. At 5:30 p.m., Members Lucey and Menesini left the meeting having previously requested to be excused. At 5:40 p.m., President Nejedly concluded the closed session and reconvened the meeting into open session. 06 09 98 148 17. REPORT OF DISCUSSIONS IN CLOSED SESSION Mr. Kenton L. Aim, Counsel for the District, stated that no decisions were made or votes taken in closed session which require reporting at this time. 18. ADJOURNMENT There being no further business to come before the Board, President Nejedly adjourned the meeting at the hour of 5:41 p.m. to reconvene at 8:30 a.m. on Friday, June 12, 1998, at San Damiano Retreat, Highland Drive, Danville, California, for an Adjourned Board Meeting/Strategic Planning Process Workshop. ~~~ ú. ~ / ,_à~.f P. sident of the Boar of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: 06 09 98