HomeMy WebLinkAboutBOARD MINUTES 09-07-95
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MINUTES OF THE REGULAR BOARD MEETING
OF THE DISTRICT BOARD OF THE
CENTRAL CONTRA COSTA SANITARY DISTRICT
HELD ON SEPTEMBER 7, 1995
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: 10 p.m. on September 7, 1995.
President Hockett called the meeting to order and requested that the Secretary call roll.
1. ROLL CALL
PRESENT:
Members:
Menesini, Rainey, Boneysteele, Hockett
ABSENT:
Members:
Dalton
Member Dalton entered the meeting at the hour of 2:30 p.m.
2. PUBLIC COMMENTS
None
3. AWARDS AND COMMENDATIONS
a.
PRESENT CALIFORNIA ASSOCIATION OF SANITATION AGENCIES (CASA)
OUTSTANDING SERVICE AWARD TO ROBERT BAKER
Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that Deputy Chief Engineer
Robert Baker has made significant contributions to the California Association of Sanitation
Agencies (CASA). Mr. Baker served as Chair of Tri- T AC for the past two years; he
chaired the coordination meetings regarding the State Water Plans with CASA, Tri- T AC/
State Water Resources Control Board (SWRCB), and Environmental Protection Agency
(EPA); he coordinated the CASA legal intervention in the Bay Delta Commission ban on
recycled water and biosolids; and he chaired the Regulatory Reform Task Force for the
California EPA.
President Hockett welcomed this opportunity to present the CAS A Outstanding Service
Award for 1994-1995 to Mr. Robert Baker, Deputy Chief Engineer; and on behalf of the
Board, commended Mr. Baker for his outstanding efforts.
4. CONSENT CALENDAR
It was moved by Member Rainey and seconded by Member Menesini, that the Consent
Calendar, consisting of Items a. through e., be approved as recommended, resolutions
adopted as appropriate, and recordings duly authorized.
a.
The Grant of Easement from Mrs. Vera M. Long, Job 5081, Parcel 1,
Lombardy Lane, Orinda, was accepted, recording was authorized, execution
of the Sewer Construction Agreement with Mrs. Long was authorized, and
Resolution Nos. 95-067 and 95-068 were adopted to that effect.
Motion approved on the following vote:
AYES: Members: Rainey, Menesini, Boneysteele, Hockett
NOES: Members: None
ABSENT: Members: Dalton
b.
Authorization was given for P.A. 95-13 and 95-14 (Alamo) to be included
in a future formal annexation to the District.
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Motion approved on the following vote:
AYES: Members: Rainey, Menesini, Boneysteele, Hockett
NOES: Members: None
ABSENT: Members: Dalton
c.
The contract work for the construction of the Bancroft Road Sewer
Renovation Project (DP 5048) in Concord and Walnut Creek was accepted,
and the filing of the Notice of Completion was authorized.
Motion approved on the following vote:
AYES: Members: Rainey, Menesini, Boneysteele, Hockett
NOES: Members: None
ABSENT: Members: Dalton
d.
The contract work for the construction of the Rossmoor Sewer
Improvements Project, Phase I (DP 4986) in Walnut Creek was accepted,
and the filing of the Notice of Completion was authorized.
Motion approved on the following vote:
AYES: Members: Rainey, Menesini, Boneysteele, Hockett
NOES: Members: None
ABSENT: Members: Dalton
e.
The attendance of Mr. John J. Mercurio, Administrative Analyst for the
Planning Division, was authorized at the September 20-22, 1995 California
Special Districts Association annual conference in Huntington Beach,
California, at a cost of $700.
Motion approved on the following vote:
AYES: Members: Rainey, Menesini, Boneysteele, Hockett
NOES: Members: None
ABSENT: Members: Dalton
5. HEARINGS
CONDUCT PUBLIC HEARING AND CONSIDER ABANDONMENT OF THE
BOLLINGER CANYON LEACH FIELD
Mr. Dolan, General Manager-Chief Engineer, stated that the Board has been kept apprised
of this item over the last several years. A complete position paper and staff report
including recommendations for abandonment of the Leach Field has been provided.
Rather than making a detailed presentation, staff will provide a brief overview of the
recommendations if there are no members of the public present with an interest in this
item.
At 2: 13 p.m., President Hockett opened the public hearing to receive comments on the
proposed abandonment of the Bollinger Canyon Leach Field. There being no comments,
the public hearing was closed.
Mr. Dolan stated that based on the input received from the citizens in the Bollinger
Canyon area, staff has virtually reached agreement with Mr. Saber Zell on the replacement
of his leach field. At this time, staff would recommend that the Board approve the
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abandonment of the Bollinger Canyon Leach Field which would begin 1 20 days from the
date of approval.
Discussion followed with regard to potential future liability, the conclusion that the Leach
Field has outlived its normal useful life and accordingly the benefit intended to be provided
to the properties within the Local Improvement District has been fully provided, and the
suggestion that the District take steps to de-annex the area.
It was moved by Member Rainey and seconded by Member Menesini, that the proposed
abandonment of the Bollinger Canyon Leach Field be approved beginning 120 days after
the public hearing. There being no objection, the motion was approved with Member
Dalton being absent.
Mr. Dolan stated that staff will investigate de-annexation of the Bollinger Canyon area and
report back to the Board at a future Board Meeting.
6. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER
None
7. BIDS AND AWARDS
a.
AUTHORIZE AWARD OF CONSTRUCTION CONTRACT TO MOUNTAIN CASCADE.
INC.. AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO ALLOCATE
$297.000 FROM THE COLLECTION SYSTEM CONTINGENCY ACCOUNT FOR THE
LOMBARDY LANE SEWER REPLACEMENT PROJECT IN ORINDA. DP 5081
Mr. Dolan, General Manager-Chief Engineer, introduced Mr. Jay S. McCoy, Infrastructure
Division Manager, who provided an overview of the circumstances associated with the
Lombardy Lane Sewer Replacement Project bid. Mr. McCoy distributed copies of the
letter from D. R. Lemings Construction protesting award of the construction contract to
Mountain Cascade, Inc., and copies of the actual bid forms submitted by D. R. Lemings
Construction.
Member Dalton entered the meeting at the hour of 2:30 p.m.
Mr. McCoy referred to the bid forms noting the $5,000 difference between the numerical
bid price and bid price written in words. Mr. McCoy stated that from reviewing the bid
forms, it is apparent that the initial bid had been $221,311.00, but was then increased
to $226,311.00 and submitted. The bidder forgot to change the bid price in words.
There are provisions in the bid documents to deal with this issue which Mr. Kenton L.
Aim, Counsel for the District, will discuss.
Mr. Aim, Counsel for the District, stated that Section 8 of the bid documents, in the
General Conditions and Statementto Bidders, provides that apparent errors in addition and
lump sum price will be corrected. Unless the bid is corrected for arithmetic errors as
discussed above, the price written in words shall govern. For that reason, the
recommended conclusion of staff effectuates the intent of the parties and provides a level
playing field.
Mr. Richard E. Jones, representative for D. R. Lemings Construction and estimatorfor this
project, addressed the Board. Mr. Jones stated that it was not his intent to bid an
additional $5,000 and the additional $5,000 was not included in his bid when it was
turned in to D. R. Lemings Construction. Somehow between the time Mr. Jones had
prepared his $221,311 bid and when the bid was submitted, $5,000 was added to the
total; resulting in a numerical bid of $226,311, however the written words were not
changed. Mr. Jones stated that the written words should prevail. If the Board cannot
come to that conclusion, Mr. Jones asked that the Board throw out all of the bids and
rebid the project.
Mr. Mike Fuller, President of Mountain Cascade, Inc., stated that Mountain Cascade, Inc.
is the low bidder and would like to do the job. Mr. Fuller stated that in his years of
experience, the unit price generally prevails. If the unit prices are totaled, Mountain
Cascade, Inc. is the low bidder.
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With regard to throwing out the bids and rebidding the project, Mr. Dolan, General
Manager-Chief Engineer, stated that as detailed in the position paper, it is very important
to complete this work prior to the winter rains. The current time schedule would allow
completion, but rebidding the project would not.
Discussion followed with regard to preparation of the estimate and bid forms, and the
need to provide a level playing field for all bidders. Mr. Dolan indicated that the testimony
of the Lemings' representative essentially supported the conclusiòn of staff that the true
intent of Lemings was to adjust the bid which had been prepared by Mr. Jones by adding
$5,000.
Following discussion, it was moved by Member Menesini and seconded by Member
Dalton, that award of contract in the amount of $225,918 be authorized to Mountain
Cascade, Inc., as the lowest responsible bidder; and that the General Manager-Chief
Engineer be authorized to allocate $297,000 from the Collection System Contingency
Account for the Lombardy Lane Sewer Replacement Project, DP 5081. There being no
objection, the motion was unanimously approved.
8. REPORTS
a.
GENERAL MANAGER-CHIEF ENGINEER
1 )
Mr. Dolan, General Manager-Chief Engineer, stated that strict Environmental
Protection Agency (EPA) regulations mandate rigorous controls on industrial
and certain commercial customers. Over the years the Board has had to
deal with a firm hand with customers who did not comply with the source
control regulations. The names of significant violators must be published
each year by the District. In recent years to present a balance to this harsh
mandate, the District had made presentations of awards to those customers
who have made special efforts to prevent pollution. This year staff is
proposing to expand the program slightly by running an ad to extend the
reach of the pollution prevention message.
Mr. Dolan introduced Mr. Tim Tullis, Public Information and Production
Assistant, who stated that this is the fourth year that the District has
recognized local businesses that have made special efforts to keep harmful
substances out of the sewer system. Staff is planning to run a one time ad
to recognize these organizations among their peers and the general public.
As the District becomes more active in pollution prevention education, it is
important to let these businesses know that the District is taking note of the
special efforts they are making. Mr. Tullis showed a copy of the
advertisement planned to communicate the following messages:
.
The District is committed to preventing water pollution;
.
ADL Circuits, Inc., Classic Catering, and Tassajara Nursery have
made special efforts to prevent water pollution; and
.
September 18-24, 1995 is Pollution Prevent Week.
Mr. Tullis stated that a telephone number will be included in the ad for
people to call to request additional information. Mr. Tullis distributed copies
of the informational materials dealing with the District and its pollution
prevention message which will be distributed upon request. The Pollution
Prevention Awards will be presented at the next Board Meeting.
Discussion followed with regard to criteria for selection of the Pollution
Prevention Award winners, and the pollution prevention activities planned
by the District for Pollution Prevention Week.
2)
Mr. Dolan, General Manager-Chief Engineer, introduced Ms. Lynne Putnam,
Senior Engineer, who provided an update on progress made to date on the
District's Recycled Water Facilities Plan for Zone 1. Ms. Putnam stated that
later this month, staff hopes to come back to the Board with the draft of the
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Zone 1 agreement with Contra Costa Water District (CCWD). Staff is also
working concurrently with East Bay Municipal Utility District (EBMUD). The
consultant for that work, G. S. Dodson & Associates, has performed a
preliminary engineering study to identify preferred options.
Discussion followed with regard to the number and range of options.
Following discussion, it was the consensus of the Board that the Dodson
report be distributed to the Board and that a Recycled Water Board
Committee Meeting/Board Workshop be scheduled to review the options.
Ms. Putnam reviewed the status of pipeline construction for Zone 1
currently in progress. The purpose of the Facilities Plan is provide recycled
water to meet Title 22 standards at a reasonable cost, and to provide a
reliable source of water to the Treatment Plant. The Facilities Plan looked
at four alternatives. The lowest cost alternative is recommended as it
provides the best water quality and reliability for Zone 1 customers. In
addition, the Treatment Plant will get more flexible pumping, will receive a
higher quality, better disinfected water for its use, and will have storage for
greater redundancy. Ms. Putnam stated that the costs of the Facilities Plan
did increase from the Capital Improvement Budget estimate, primarily for
covering the clearwell and rehabilitation work around the Treatment Plant.
There is a position paper later in the agenda requesting execution of the
agreement for consulting design services for the Recycled Water - Treatment
Plant and Distribution Facilities Project.
3)
Mr. Dolan, General Manager-Chief Engineer, reported that on August 28,
1995, the Lafayette and Orinda City Councils and the Danville Town Council
reached decisions concerning support of the Cities and Town participating
in the ongoing Central Contra Costa Solid Waste Authority (CCCSWA) solid
waste contracting process. The Town of Moraga had previously decided to
endorse the rates and contracts.
Mr. Dolan stated that he attended the Danville Town Council Meeting where
the Council voted 5-0 to support the process. Many kind thoughts were
expressed by the Town Council, and Mr. Dolan passed along the Board's
appreciation for the leadership exhibited by Councilmembers Mike
Shimansky and Dick Waldo through the rate-setting process.
President Hockett and Messrs. Paul Morgen and Kenton L. Aim attended the
Lafayette City Council Meeting. Mr. Aim, Counsel for the District, reported
that Orinda Moraga Dispose-All official representatives, employees and their
families were in attendance and expressed opposition to the CCCSWA
alternative. The Lafayette City Council voted 3-0 to endorse the CCCSWA
solid waste contracting process and rates. Mr. Aim noted that two City
Councilmembers currently have a conflict on this issue and were not able
to participate. The City delegated authority to CCCSWA and deferred the
issue of whether the City of Lafayette should join CCCSWA until January
1 996 when they will have a new City Council.
Mr. Paul Morsen, Deputy General Manager, reported that he and President
Hockett attended the Orinda City Council Meeting. Backyard service is an
issue in Orinda. Alternatives for providing backyard service had been
developed and the Orinda City Council's endorsement was received. There
will be an extra charge of $6 per month for individuals who elect to have
backyard service. Mr. Morsen described the backyard service, stating that
the automated truck will stop, the driver will go get the cart from the
backyard, and then replace it. This extra effort will result in a loss of
productivity. The extra cost of $6 per customer per month assumes that 50
percent of the customers in the Orinda area will elect backyard service. At
the next rate adjustment, rates will go up or down slightly depending on
how many customers actually subscribe to this service. In response to a
question from Member Rainey, Mr. Morsen stated that this $6 per customer
will be over and above the revenue requirement since this is an additional
service not covered in the Browning-Ferris Industries (BFI) proposal. This
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service will apply only to garbage and not to recyclables which are currently
taken to the curb.
Mr. Morsen stated that automated service is also an issue in the Orinda
area. The Orinda City Council adopted resolutions authorizing CCCSWA to
enter into solid waste collection agreements for service and requesting
membership in the CCCSW A, but asked that their staff work with CCCSW A
and District staff to try to develop a reasonable alternative to automated
service for the City of Orinda. Mr. Morsen stated that this matter will be
brought back to the CCCSWA Board on September 14, 1995. Staff will try
to meet with the parties prior to September 14, to develop a
recommendation for presentation at that time. If the CCCSWA Board
approves the recommendation, an addendum to the BFI and Valley Waste
Management (VWM) contracts will be prepared.
Mr. Aim reported that a few days before these City and Town Council
meetings, Orinda Moraga Dispose-All put out a proposal to meet or beat the
CCCSWA proposal. That has been an issue at the City and Town Council
meetings.
Member Rainey expressed concern that the rates will not go down
significantly if an additional $6 charge is added for backyard service.
Member Rainey stressed that it is important that the citizens be made aware
that this additional $6 is the decision of their City Council. Discussion
followed relative to the need for adequate public information to inform the
public of the new backyard service and the $6 additional charge for that
elective service. Mr. Morsen stated that a strong public information
component will be part of the implementation of the new contracts.
4)
Mr. Dolan, General Manager-Chief Engineer, stated that the set of rates
produced as a result of the solid waste rate-setting process led by the Board
was included in the Board packet. Staff would recommend that the Board
endorse those rates with the addition of two footnotes, one relating to the
added premium of $6 for elective backyard service for the Lamorinda area
and one noting that the City of Orinda rates may be further changed based
on input from Orinda City officials.
It was the consensus of the Board that the recommendation to the Central
Contra Costa Solid Waste Authority relative to new solid waste rates for
Cities and Towns represented by the District to be effective March 1, 1996
be endorsed with the addition of two footnotes, one relating to the added
premium of $6 for elective backyard service for the Lamorinda area and one
noting that the City of Orinda rates may be further changed based on input
from Orinda City officials.
5)
Relative to the Board's request for information on the hiring plans of the
solid waste companies with regard to hiring displaced employees, Mr. Paul
Morsen, Deputy General Manager, reported that Browning-Ferris Industries
(BFI) has stated it intends to hire 35 to 37 employees to drive trucks and six
additional office persons. At this time Valley Waste Management (VWM)
was not willing to have any numbers published as to how many workers will
be laid off. VWM will be adding two cities for recycling and green waste
services and deleting three cities for garbage collection. More specific
information should be available in the near future. BFI has negotiated an
agreement with the Teamsters to hire the 35 to 37 employees from VWM
and/or Orinda-Moraga Dispose-All by seniority.
COUNSEL FOR THE DISTRICT
1 )
Mr. Kenton L. Aim, Counsel for the District, stated that there has been a
request for California Association of Sanitation Agencies (CASA) members
to join as amicus curiae for review of the Northwest Environmental
Advocates v. City of Portland case. The support does not require any
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financial support by the District. Mr. Aim stated that the case comes under
the Clean Water Act. Prior to this case, the assumption under the Clean
Water Act was that if a publicly owned treatment works (POTW) was issued
a National Pollutant Discharge Elimination System (NPDES) permit and met
the provisions of that permit, the POTW would not be subject to a violation
of the Clean Water Act. The worst case reading of this case is that the
POTW could be held in violation, by a citizen's suit, even if it met all of the
provisions of its permit, if the water body into which it discharged did not
meet the statewide water standards for that water body. Mr. Aim stated
that the CASA Attorneys Group and the League of California Cities
Attorneys Group believe this is an erroneous ruling, and they are asking for
support for reconsideration of the appellate opinion.
Member Rainey stated that the CAS A Executive Board endorsed this and
indicated it would be helpful if the individual agencies also joined in support.
Member Menesini expressed concern that POTWs continue to reach out and
take additional effluent. At some point the total daily limit will be exceeded
and every body of water will be polluted.
Mr. Dolan stated that there are two approaches to this problem. One
approach is that only the permitted dischargers would be forced to attempt
to take care of the problem; the other approach is the watershed approach
which prioritizes control efforts, and spreads the responsibility to all sources
of pollution. While the watershed approach is more complicated to
implement, in the long run it will be more effective and less costly to the
public. The court decision in question supports the first approach. Staff
would recommend that the District join as amicus curiae.
Member Menesini agreed but requested a presentation on this subject at a
future Board Meeting.
It was moved by Member Rainey and seconded by Member Dalton, that the
request for authorization to join as amicus curiae in the Northwest
Environmental Advocates v. City of Portland matter be approved. There
being no objection, the motion was unanimously approved.
SECRETARY OF THE DISTRICT
None
BOARD MEMBERS
1 )
2)
Solid waste update was presented earlier in the agenda.
Member Rainey reported that the Local Agency Formation Commission
(LAFCO) met on September 6, 1995, but considered nothing specific to
special districts. The main topic of discussion related to the Sphere of
Influence change for the Pleasant Hill BART area.
3)
Member Boneysteele reported that the Sanitation and Water Agencies of
Contra Costa County met on August 24, 1995. Member Menesini, Plant
Operations Division Manager James Kelly, and Chemist II Mary Lou Esparza
presented a very informative program on water quality test kits to be used
by schools. Mr. Gary Darling, of Contra Costa Water District, provided an
update on the Los Vaqueros Project, describing the current status of
construction and difficulties encountered with the Vasco Road relocation.
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9. ENGINEERING
a.
AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN
AGREEMENT WITH MONTGOMERY WATSON FOR CONSULTING DESIGN
SERVICES FOR THE RECYCLED WATER - TREATMENT PLANT AND DISTRIBUTION
FACILITIES PROJECT <DP 7162)
It was moved by Member Rainey and seconded by Member Dalton, that the General
Manager-Chief Engineer be authorized to execute a professional services agreement with
a cost ceiling not to exceed the amount of $202,000 with Montgomery Watson for the
design services for the Recycled Water - Treatment Plant and Distribution Facilities
Project, DP 7162. There being no objection, the motion was unanimously approved.
Following discussion on the timing of delivery of recycled water and a presentation to the
Pleasant Hill City Council, Member Menesini requested that the Board be apprised of the
scope and objectives of this consulting contract at the Recycled Water Board Committee
Meeting/Board Workshop.
10. APPROVAL OF MINUTES
a.
MINUTES OF ADJOURNED REGULAR MEETING OF AUGUST 15. 1995
b.
MINUTES OF REGULAR MEETING OF AUGUST 17. 1995
It was moved by Member Menesini and seconded by Member Rainey, that the minutes of
the Adjourned Regular Meeting of August 15, 1995 and the minutes of the Regular
Meeting of August 17, 1995, be approved as presented. There being no objection, the
motion was unanimously approved.
11. APPROVAL OF EXPENDITURES
EXPENDITURE LIST DATED SEPTEMBER 7. 1995
a.
Member Menesini, Chair of the Budget and Finance Committee, stated that he and
Member Boneysteele reviewed the expenditures and found them to be satisfactory.
Member Boneysteele suggested that a report to the Board on the accomplishments and
development of the computer network would be informative.
It was moved by Member Menesini and seconded by Member Boneysteele, that the
Expenditure List dated September 7, 1995, including Self-Insurance Check Nos. 100995-
101000, Running Expense Check Nos. 91379-91764, Sewer Construction Check Nos.
16058-16143, and Payroll Check Nos. 39492-39795, be approved as recommended.
There being no objection, the motion was unanimously approved.
12. BUDGET AND FINANCE
a.
ADOPT A RESOLUTION ESTABLISHING THE 1995-1996 APPROPRIATIONS LIMIT
IN ACCORDANCE WITH ARTICLE XIII B OF THE CALIFORNIA CONSTITUTION
Following explanation by Mr. Dolan, General Manager-Chief Engineer, it was moved by
Member Dalton and seconded by Member Rainey, that Resolution No. 95-069 be adopted,
establishing the Sewer Construction Fund appropriations limit in the amount of
$26,282,400 for the 1995-1996 fiscal year, in accordance with Article XIII B of the
California Constitution; and that the change in the local assessment roll due to local
nonresidential construction be selected for use in computing the appropriations limit. The
motion was unanimously approved on the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
Dalton, Rainey, Menesini, Boneysteele, Hockett
None
None
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b.
RECEIVE JULY 1 995 FINANCIAL STATEMENTS
Ms. Deborah Ratcliff, Controller, reported that the external audit has been completed. It
was a very complete, clean audit. The financial report will be received in the near future.
Ms. Ratcliff reported further that on September 14, 1995, the District's Tax and Revenue
Anticipation Note (TRAN) comes due. The District will payoff the $10 million TRAN and
approximately $500,000 in interest.
Ms. Ratcliff reviewed the results of operations and maintenance for the month of July
1995, noting that expenditures were $233,000 less than budget, representing a 9.5
percent favorable variance. Revenues were $73,000 less than budget, representing a 6
percent unfavorable variance.
Ms. Ratcliff reported that the District's temporary investments were held in Treasury bills
and Treasury notes, short-term commercial paper, and the District's Local Agency
Investment Fund (LAIF) account with interest rates ranging from 4.1 percent to 6.8
percent. The latest interest rate as of July 1995 was 5.8 percent. The average yield for
the LAIF account was 5.97 percent.
Discussion followed with regard to utilities and labor.
Mr. Munawar Husain, Associate Engineer, provided an update on the Ultraviolet (UV)
Disinfection Project. Mr. Husain stated that this project is intended to replace the use of
liquid chlorine at the Treatment Plant with the UV disinfection process. Construction on
the project began in January 1995 and is about 25 percent complete. Kaweah
Construction is the general contractor. The construction contract amount is $8,690,000.
To date, change orders in the amount of $65,000 have been issued. Mr. Husain showed
slides of the construction work.
President Hockett thanked Ms. Ratcliff and Mr. Husain for their reports and declared that
the July 1995 Financial Statements were duly received.
Member Rainey left the meeting at the hour of 5:11 p.m.
13. EMERGENCY SITUATIONS REQUIRING BOARD ACTION
None
14. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS
Mr. Dolan, General Manager-Chief Engineer, announced that the Grand Jury will be visiting
the District in the near future. The Grand Jury representative indicated that the Grand
Jury has appreciated the information provided by the District in the past and is looking
forward to visiting the District again this year. He will inform the Board about their visit
at a future Board meeting.
15. 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 discussed was Acme Landfill Corp. v. Althin
CD Medical, Inc., CCCSD, et ai, U.S. District Court No. C91-4268 SBA.
At 5:20 p.m., President Hockett declared the closed session to discuss litigation pursuant
to Government Code Section 54956.9(a). At 6: 1 0 p.m., President Hockett concluded the
closed session and reconvened the meeting into open session.
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16. REPORT OF DISCUSSIONS IN CLOSED SESSION
Mr. Kenton L. Aim, Counsel for the District, reported that the Board authorized Counsel
for the District to participate in the Court sponsored mediation in the above entitled
matter.
17. ADJOURNMENT
There being no further business to come before the Board, President Hockett adjourned
the meeting at the hour of 6: 13 p.m.
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President of the Board of Directors,
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
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