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HomeMy WebLinkAboutBOARD MINUTES 02-20-97 43 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON FEBRUARY 20, 1997 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 February 20, 1997. President Menesini called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Rainey, Nejedly, Hockett, Boneysteele, Menesini ABSENT: Members: None 2. PUBLIC COMMENTS None 3. CLOSED SESSION a. INITIATION OF LITIGATION Pursuant to Government Code Section 54956.9(c), on the advice of Counsel based on existing facts and circumstances, the Board of Directors of the Central Contra Costa Sanitary District has decided to initiate or is deciding whether to initiate -litigation with regard to adoption of a Resolution of Necessity for the South Orinda Sewer Improvements Project, DP 4928. At 2:02 p.m., President Menesini declared the closed session to discuss litigation pursuant to Government Code Section 54956.9(c) as noted above. At 3:02 p.m., President Menesini concluded the closed session and reconvened the meeting into open session. 4. CONSENT CALENDAR It was moved by Member Hockett and seconded by Member Rainey, that the Consent Calendar, consisting of Items a. through e., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. a. Resolution No. 97-035 accepting work and Offers of Dedication from Trident Associates, Ltd., Job 5006, Parcel 2, was adopted and recording was authorized. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Hockett, Rainey, Nejedly, Boneysteele, Menesini None None b. Resolution No. 97-036 accepting work and Offers of Dedication from Meadowbrook Properties, LLC, Job 5090, Parcel 2, was adopted and recording was authorized. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Hockett, Rainey, Nejedly, Boneysteele, Menesini None None 02 20 97 44 Resolution No. 97-037 accepting work and Offers of Dedication from Meadowbrook Properties, LLC, Job 5090, Parcel 3, was adopted and recording was authorized. c. Motion unanimously approved on the following vote: Hockett, Rainey, Néjedly, Boneysteele, Menesini AYES: Members: NOES: Members: ABSENT: Members: d. None None Authorization was given for P.A. 97-1 (Oanville) to be included in a future formal annexation to the District. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Hockett, Rainey, Nejedly, Boneysteele, Menesini ,None None Grants of easement were accepted from Patricia K. Andersson, Inc., One Kendra Corporation, Toshiyuki Nakamura and Kayoko Nakamura, the Loewen Family Trust, and Catherine L. Lambert; staff was authorized to record said Grants of Easement with the Contra Costa County Recorder, and Resolution Nos. 97-038, 97-039, 97-040, 97-041, and 97-042 were adopted to that effect. e. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Hockett, Rainey, Nejedly, Boneysteele, Menesini None None 5. HEARINGS HOLD A HEARING AND ADOPT A RESOLUTION OF NECESSITY FOR THE PURPOSE OF INITIATING EMINENT DOMAIN PROCEEDINGS FOR ACQUISITION OF PUBLIC SEWER EASEMENTS FOR THE SOUTH ORINDA SEWER IMPROVEMENTS PROJECT, DP 4928 a. At 3:05 p.m., President Menesini opened the public hearing to receive comments regarding adoption of a Resolution of Necessity to acquire permanent and temporary easements by eminent domain for the South Orinda Sewer Improvements Project, OP 4928. Mr. Roger J. Dolan, General Manager-Chief Engineer, introduced Mr. Tad Pilecki, Senior Engineer, who reviewed the key issues relating to the proposed adoption of a Resolution of Necessity to acquire permanent and temporary easements by eminent domain for the South Orinda Sewer Improvements Project as follows: . The public interest and necessity require the project for which said public sewer easements are to be acquired; . The proposed project is planned or located in the manner which will be most compatible with the greatest public good and the least private injury; . Said public sewer easements are necessary for the proposed project; and . The offer required by Government Code Section 7267.2 has been made to the owners of the subject property. 02 20 97 45 Mr. Kenton L. Aim, Counsel for the District, stated that the above issues are the issues that are required to be made available for public comment at the public hearing. This public hearing is not per se for reaching agreement on compensation. Mr. Pilecki stated that this project is necessary: . To prevent major overflows of sewage during wet weather; . To prevent dry weather overflows in some areas; and . Because all of the creeks into which these overflows flow drain into the East Bay Municipal Utility District watershed and San Pablo Reservoir. Mr. Pilecki stated that the project was planned and located in the manner which will be most compatible with the greatest public good, and these public sewer easements are necessary for the proposed project. In workshops and community meetings, traffic was identified as the major issue. The project was designed based on that concern. Mr. Pilecki described the process for determining the alignment and locating boring pits and receiving pits in such a way as to minimize impacts on traffic on Moraga Way. Aerial photographs, a geotechnical engineering firm, and microtunneling experts from the, Army Corps of Engineers were among the resources used in this determination. The selected alignment resulted in the need for permanent and temporary easements across 34 properties. Agreement has been reached on 30 of those properties. Mr. Pilecki described the easements required from the four remaining property owners, Kent E. and Barbara J. Hagen, 4 Orchard Way; Wallace M. and Kathryn C. Francis, Trustees, 172 Moraga Way; John and Mary McDonnell Trust, 196 Moraga Way; and Betty N. Yee, Trustee, 308 Moraga Way. Mr. Pilecki stated that each property owner received an offer of just compensation based on an appraisal prepared by a licensed real estate appraiser. District staff and Associated Right of Way Services have continued negotiating with these property owners in the hope of reaching an agreement. Mr. Pilecki stated that agreement has not been reached and it would be appropriate to proceed with adoption of a Resolution of Necessary to obtain needed property rights to provide for a timely start of construction of the project. Discussion followed with regard to the proposed use of easements on the four properties in question. Mr. Gael Williams addressed the Board representing Mrs. Betty Yee, 308 Moraga Way. Mr. Williams stated that Mrs. Yee basically thinks that the proposed project is well engineered. Her primary concern is one of liability. Her secondary concern is with condemnation. Mr. Williams stated that Mrs. Yee hopes to avoid condemnation because it is costly and the public must pay for it. Mrs. Yee is willing to go to arbitration. Mr. Williams stated that Mrs. Yee does not want to incur any liability whatsoever from the District use of the property. This would extend to other third parties and not just the District. Mrs. Yee has not been able to get that kind of indemnification from the District. Any number of things could happen in the future and none of them should be part of Mrs. Yee's burden. Mr. Williams stated that given the fact that Mrs. Yee is willing to consider arbitration and only wants to be held harmless, she does not think the District is justified in moving to condemnation at this time. Discussion followed with regard to potential future liability and the District's responsibility in that regard. Mr. Aim stated that the reason condemnation is being considered at this time has to do with a schedule of events and the time it takes to go to court if there is objection to the taking of the property and/or compensation. The issue of compensation can be deferred, but right of entry is necessary for the project to proceed to construction in a timely way. Adoption of a Resolution of Necessity is intended to allow the District to move forward in an orderly manner and would not preclude proceeding with further discussions and efforts to reach resolution with the property owners. Mr. Wallace Francis, 172 Moraga Way, addressed the Board, stating that the compensation offer is not nearly enough to compensate for the impact on his property. Mr. Francis stated that he plans to sell his residence during the coming year. For that reason he contacted John M. Grubb Realtors. Mr. Francis presented a letter from Ms. 02 20 97 46 Carol Mapes, John M. Grubb Broker Associate, which was read for the record. In the letter, Ms. Mapes wrote that the $6 per square foot value of the appraisal by the District's real estate appraiser is substantially less than other properties listed for sale, and Ms. Mapes expressed concern about the negative effect of the District's project on the potential marketability of the Francis residence. Discussion followed with regard to property values and methods used in appraising the value of easements. There being no further comments, President Menesini closed the public hearing at the hour of 3:57 p.m. Mr. Dolan, General Manager-Chief Engineer, recommended that the Board consider adoption of a Resolution of Necessity to acquire permanent and temporary easements by eminent domain for the South Orinda Sewer Improvements Project. Mr. Aim, Counsel for the District, stated that Attachment A to the proposed Resolution of Necessity has been revised to reflect only the four properties discussed above. With the understanding the negotiations continue with the property owners in an effort to reach resolution and with the further understanding that it is necessary to proceed in a timely manner with the proposed project to prevent further environmental problems, it was moved by Member Rainey and seconded by Member Hockett, that Resolution No. 97- 043, a Resolution of Necessity to acquire permanent and temporary easements by eminent domain for the South Orinda Sewer Improvements Project, DP 4928, be adopted including revised Attachment A; and that authorization be given for the filing of eminent domain actions, deposit of amounts of probable compensation, and the application for Orders For Immediate Possession. Motion unanimously approved on the following roll call vote: AYES: Members: Rainey, Hockett, Nejedly, Boneysteele, Menesini NOES: Members: None ABSENT: Members: None President Menesini thanked Mr. and Mrs. Francis, Mrs. Yee, and Mr. Williams for their comments. 6. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Mr. Dolan, General Manager-Chief Engineer, requested that Items 11.a., Correspondence, and 10.b., Human Resources, be taken out of order to accommodate interested persons in the audience. President Menesini proceeded to Item 11.a. 11. CORRESPONDENCE a. NOTE RECEIPT OF LETTER DATED FEBRUARY 3, 1997 FROM ROBERT AND PATRICIA LEE. OF WALNUT CREEK. REGARDING SEWER CONNECTION AT 1950 OLD OAK DRIVE, WALNUT CREEK; SET HEARING ON APPEAL OF STAFF DECISION Following explanation by Mr. Dolan, General Manager-Chief Engineer, it was moved by Member Rainey and seconded by Member Boneysteele, that receipt of the letter dated February 3, 1997 from Robert and Patricia Lee, of Walnut Creek, regarding sewer connection at 1950 Old Oak Drive, Walnut Creek, was noted; a hearing on appeal of staff decision was set for 2:00 p.m. on March 6, 1997; and the letter to that effect from Ms. Joyce Murphy, Secretary of the District, to Mr. and Mrs. Lee was approved. There being no objection, the motion was unanimously approved. At this time, President Menesini proceeded to Item 10.b. 02 20 97 47 10. HUMAN RESOURCES a. DIRECT STAFF TO SECURE THE SERVICES OF STATE MEDIATION AND CONCILIATION SERVICE TO HOLD A SECRET BALLOT ELECTION TO DETERMINE IF THE GENERAL EMPLOYEES WISH TO DECERTIFY PUBLIC EMPLOYEES' UNION LOCAL NO.1 Mr. Dolan, General Manager-Chief Engineer, distributed pages 40 and 41 from the District Code which were referenced in the position paper but omitted from the agenda packet. Mr. Dolan provided an update on the status of the petition submitted for decertification of Public Employees Union, Local 1, as the recognized bargaining representative for the District's general employee group and the "interest cards" signed by employees for the purported purpose of designating Local 39 as their representative. The District Code requires that a petition containing at least 35 percent of the employees represented by Local 1 must be presented before the District will proceed with a decertification election. There were sufficient signatures on the petition to require a decertification election. The District Code also requires that 35 percent of the employees must designate Local 39 as their representative in order for Local 39 to be placed on the election ballot. Some of the interest cards submitted by Local 39 had been altered; and therefore, the 35 percent required was not received. Discussion followed with regard to the altered interest cards. Mr. Joseph Creitz, attorney for the Stationary Engineers, Local 39, agreed that if the names were expunged from the altered interest cards the Board may view them and make a judgment on the matter. Mr. Joseph Creitz, attorney for the Stationary Engineers, Local 39, addressed the Board, stating that he endorses the portion of the position paper that says it is necessary to hold a decertification election to decertify Local 1 as the bargaining agency for the District's general employees group. Mr. Creitz stated that he believes that all of the requirements were met by Local 39. Mr. Creitz stated that the more important issue is whether the ballot will also carry Local 39 in addition to the Local 1 and the "no union" alternatives. Mr. Creitz stated that the law is clear that if an Employer/Employee Relation Ordinance is ambiguous in any way, the court will interpret it in order to give effect to the democratic wishes of the employees. Mr. Creitz stated that there are two ambiguities that lead to the result that Local 39 should be on the ballot. The first is that District Code Section 4.24.040 B.6. requires that the proof submitted with the certification petition indicate that 35 percent of the eligible members designate the proposed new union to represent them. This does not make sense because the employees are represented by Local 1 and will be until Local 1 is decertified. Mr. Creitz stated that the second ambiguity is that District Code Section 4.24.040 B.6. requires that "within thirty calendar days of the date upon which the petition is filed," a statement of interest by 35 percent of the eligible employees within the representation unit must be submitted. The language is not clear whether the 30 days is before or after the date of the petition. Mr. Creitz stated that as of today, February 20, 1997, Local 39 has an adequate number of signed cards to allow Local 39 to be on the ballot. Mr. Creitz stated that if this goes to court, he believes the court will find this ordinance vague and ambiguous and will allow Local 39 to be on the ballot. Discussion followed with regard to the cards as expressions of interest rather than ballots, and the alteration of six of those cards. Mr. Michael W. Roman, attorney for Public Employees Union, Local 1, addressed the Board with regard to the process. Mr. Roman stated that the Meyers-Millias-Brown Act, which governs public sector labor relations, provides that public employees can develop their own employer/employee ordinance and that ordinance governs as long as it does not conflict with the Meyers-Millias-Brown Act. If an agency has such an ordinance, they are supposed to follow it. Mr. Roman stated that the cards used by Local 39 to solicit interest contain the exact language from the District ordinance. Employees clearly struck out the language and consequently the required 35 percent was not achieved. The second issue raised by Mr. Creitz dealt with the 30-day window for submission of the cards. Mr. Roman stated that this section clearly refers to 30 days prior to the date of submission of the petition. The reason for this is to preclude the possibility of gathering signatures over an extended period of time and hoarding them up. Following further discussion of the District ordinance, the cards that were defaced, and the number of cards required to achieve 35 percent, it was moved by Member Rainey and 02 20 97 48 seconded by Member Hockett, that staff be directed to secure the services of the State Mediation and Conciliation Service to hold a secret ballot election to determine if a majority of the employees in the general employees' bargaining unit wish to decertify Local 1 as their bargaining representative. The motion was unanimously approved on the following roll call vote: AYES: Members: NOES: Members: ABSENT: Members: Rainey, Hockett, Nejedly, Boneysteele, Menesini None None At this time, President Menesini reverted to the order of the agenda. 7. REPORTS a. GENERAL MANAGER-CHIEF ENGINEER 1 ) Mr. Dolan, General Manager-Chief Engineer, stated that District staff is beginning the budget preparation process and would like to obtain any input, comments, and guidance that the Board may wish to have staff take into account in preparing the budgets during the coming months. Mr. Dolan stated that with regard to the Operations and Maintenance (O&M) Budget will include various partnering and cooperative programs such as: . Household Hazardous Waste . Recycled Water . Illicit Stormwater Control . Alum Sludge Drying . Solid Waste Management In addition, it is anticipated that the District will negotiate a three year labor pact. There will be a continuation of ongoing programs such as community outreach; collecting, treating, and disposing/recycling wastewater; and, a continuation of management development including Work Redesign, skills training, and benchmarking. Discussion followed with regard to the impact of implementation of the Household Hazardous Waste Collection Program on the Sewer Service Charge. President Menesini suggested that staff consider the following during the budget preparation process: . Continue to monitor the District's infrastructure to ensure that it is up to date and necessary repairs are done; . A total recycling effort should be considered, including other ways of dealing with solids as opposed to building another incinerator; . Consider the possibility of and steps to avoid catastrophic events; and . An outreach program should be a very strong element of the District program and should have Board Committee oversight and advice. Since development of the Capital Improvement Plan/Capital Improvement Budget (CIP/CIB) takes place over a number of years and the Board has had input along the way, Mr. Dolan suggested that discussion and guidance relate to projects in the planning or predesign stage. The following are capital projects currently in planning or predesign: 02 20 97 49 . Odor Control . Treatment Plant Seismic . Pumping Station Seismic . Overtopping Levees at extreme flood stages . Expanded Water Recycling . Laboratory Remodel . Electric Power Generation and Distribution Discussion followed in which Member Boneysteele stated that it would seem that Odor Control and Laboratory Remodel should be given high priorities. It was noted that a more detailed presentation on the CIPICIB will be made at a Board Workshop later during the budget process. With regard to rate setting issues, Mr. Dolan stated that the current $188 Sewer Service Charge is comprised of a $157 O&M component and a $31 capital component. Mr. Dolan indicated that the Running Expense Reserve balance is projected to be $7.3 million at June 30, 1997. A portion of that reserve could be used to help balance the budget. Mr. Dolan requested input from the Board with regard to the rate setting goal for the upcoming budget preparation. Following discussion, it was the consensus of the Board, that the Running Expense Reserve be reduced to absorb any rate increase needed. Mr. Dolan thanked the Board for their input and guidance and stated that the various budget components will be discussed in detail at Board Workshops during the coming months. Noting it was 6:00 p.m., the automatic adjournment time, it was moved by Member Rainey and seconded by Member Boneysteele, that the meeting be extended until 6:30 p.m. There being no objection, the motion was unanimously approved. Member Rainey and Mr. Aim, Counsel for the District, stated that they must leave the meeting at 6:20 p.m. It was agreed that the Closed Session Items 17 .a. 1), 2), and 3), be deferred until March 6, 1997. b. COUNSEL FOR THE DISTRICT None c. SECRETARY OF THE DISTRICT None d. BOARD MEMBERS 1 ) Following discussion, Members Nejedly and Menesini were appointed to serve on an Ad Hoc Committee to aid in development of a plan for selecting the District's labor attorney. It was agreed that the full Board would be involved in making the actual selection of the labor attorney. 2) Appointment of an Ad Hoc Committee for Oversight of the District's Public Outreach Program was continued to the February 27, 1997 Adjourned Regular Meeting and Board Workshop on Public Outreach. 3) Member Rainey reported on the first two meetings of the County Charter Commission. Mr. Jim Cleary, one of the original Co-Chairs, has resigned from the Commission to take a job out of the area. A new Co-Chair has not yet been appointed. Contra Costa County Supervisor Mark DeSaulnier is the other Co-Chair. Member Rainey stated that one more special district 02 20 97 50 representative may be appointed to the Commission. The Contra Costa Special Districts Association has formed a technical task force that will provide input to the special district representatives on the Commission. The 18-month mission of the Commission is to look at ways to reorganize the County to optimize County government, partnering, and benchmarking. Following discussion, Mr. Dolan stated that he would forward copies of the timeline and list ofCom"mission representatives to the Board. 4) Member Boneysteele announced that Mr. Harry Craig, President of Rossmoor Mutual 3, and Mr. Paul Cornell, Chairman of the Rossmoor Ad Hoc Sewer Transfer Committee, both were highly complimentary of the quality and professionalism of District staff working on the Rossmoor Sewer Improvements Project. At 6:23 p.m., Member Rainey and Mr. Aim, Counsel for the District, left the meeting. 8. ENGINEERING a. AUTHORIZE $120.000 FROM THE COLLECTION SYSTEM PROGRAM CONTINGENCY ACCOUNT FOR ENGINEERING AND INTERIM REPAIRS TO THE COLLECTION SYSTEM AT VARIOUS LOCATIONS. 1996-1997 STORM DAMAGE PROJECT. DP 5205 It was moved by Member Boneysteele and seconded by Member Nejedly, that the General Manager-Chief Engineer be authorized to allocate $120,000 from the Collection System Program Contingency Account for the 1996-1997 Storm Damage Repair Project, DP 5205. There being no objection, the motion was approved with Member Rainey being absent. 9. TREATMENT PLANT a. BOARD ACCEPTANCE OF THE 1996 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) REPORT In response to a question from the Board, Mr. Charles W. Batts, Plant Operations Department Manager, stated that this report goes to the California Regional Water Quality Control Board on an annual basis. A report containing a portion of this information is filed monthly as well. The reports are available for review by environmental groups and any interested member of the public. In addition, the Regional Board staff does on-site visits to the District. Mr. Batts stated that he would meet with President Menesini to review the report in more detail. It was moved by President Menesini and seconded by Member Nejedly, that the 1996 National Pollutant Discharge Elimination System (NPDES) and Collection System Overflow Monitoring Program Report be accepted. There being no objection, the motion was approved with Member Rainey being absent. 10. HUMAN RESOURCES a. CREATE ONE CONSTRUCTION INSPECTOR/DESIGNER POSITION (G-67 $3.729- $4.512); DELETE ONE CONSTRUCTION INSPECTOR POSITION (G-67 $3,729- $4.512); ADOPT CLASS DESCRIPTION AND RECLASSIFY CONSTRUCTION INSPECTOR ROBERT DRAGON TO CONSTRUCTION INSPECTOR/DESIGNER Member Boneysteele stated that this matter was reviewed with the Board Personnel Committee. It was moved by Member Boneysteele and seconded by Member Nejedly, that one Construction Inspector/Designer position be created; that one Construction Inspection position be deleted; that the Construction Inspector/Designer class description be adopted; and that Construction Inspector Robert Dragon be reclassified to Construction Inspector/Designer. There being no objection, the motion was approved with Member Rainey being absent. 02 20 97 51 b. DIRECT STAFF TO SECURE THE SERVICES OF STATE MEDIATION AND CONCILIATION SERVICE TO HOLD A SECRET BALLOT ELECTION TO DETERMINE IF THE GENERAL EMPLOYEES WISH TO DECERTIFY PUBLIC EMPLOYEES' UNION LOCAL NO.1 This item was taken out of order earlier in the agenda. 11. CORRESPONDENCE a. NOTE RECEIPT OF LETTER DATED FEBRUARY 3. 1997 FROM ROBERT AND PATRICIA LEE, OF WALNUT CREEK. REGARDING SEWER CONNECTION AT 1950 OLD OAK DRIVE. WALNUT CREEK. AND SET HEARING ON APPEAL OF STAFF DECISION This time was taken out of order earlier in the agenda. 12. APPROVAL OF MINUTES a. MINUTES OF ADJOURNED REGULAR MEETING OF JANUARY 23. 1997 b. MINUTES OF ADJOURNED REGULAR MEETING OF JANUARY 30. 1997 c. MINUTES OF REGULAR MEETING OF FEBRUARY 6. 1997 It was moved by Member Boneysteele and seconded by Member Nejedly, that the minutes of the Adjourned Regular Meeting of January 23, 1997 be approved as presented; that the minutes of the Adjourned Regular Meeting of January 30, 1997 be approved as presented; and that the minutes of the Regular Meeting of February 6, 1997 be approved as amended, adding the words "CASA staff" to page 11, Item 3) line 2, following the word "detected." There being no objection, the motion was approved with Member Rainey being absent. 13. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED FEBRUARY 20. 1997 Member Nejedly, Member of the Budget and Finance Committee, stated that he and Member Boneysteele reviewed the expenditures and found them to be satisfactory. It was moved by Member Nejedly and seconded by Member Boneysteele, that the Expenditure List dated February 20, 1997, including Self-Insurance Check Nos. 101240- 101245, Running Expense Check Nos. 101738-101881, and Sewer Construction Check Nos. 18048-18075, be approved as recommended. There being no objection, the motion was approved with Member Rainey being absent. 14. BUDGET AND FINANCE a. RECEIVE THE 1996-1997 OPERATIONS AND MAINTENANCE BUDGET REVIEW FOR THE SIX MONTHS ENDED DECEMBER 31. 1996. AND RECEIVE DECEMBER 1996 FINANCIAL STATEMENTS Following discussion, President Menesini declared that the 1996-1997 Operations and Maintenance Budget Review for the six months ended December 31, 1996, and the December 1996 Financial Statements were duly received. Ms. Deborah Ratcliff, Controller, 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 5.1 percent to 6.2 percent. The latest interest rate as of December 1996 was 5.6 percent. The average yield for the LAIF account through November 1996 was 5.6 percent. 15. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 02 20 97 52 16. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS None 17. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL ON EXISTING LITIGATION PURSUANT TO SUBDIVISION (a) SECTION 54956.9 OF THE GOVERNMENT CODE a. 1 ) Acme Landfill Corp. v. Althin CD Medical, Inc., CCCSD, et al - U.S. District Court No. C91-4268 SBA 2) Helix v. Southern Pacific Transportation Corporation, CCCSD, et al - U.S. District Court Northern District, Case No. C92-2312 DLJ 3) CCCSD v. Orinda-Moraga Disposal Service, Inc., et al (Eckhoff Accountancy Corp.) - Contra Costa County Superior Court No. C96-00562 Due to the lateness of the hour; the closed session to discuss existing litigation as noted above was not held. Discussion of these matters was continued to March 6, 1997. 18. REPORT OF DISCUSSIONS IN CLOSED SESSION None 19. ADJOURNMENT There being no further business to come before the Board, President Menesini adjourned the meeting at the hour of 6:35 p.m., to reconvene on Thursday, February 27, 1997 at 10:00 a.m. in the Third Floor Executive Conference Room for an Adjourned Regular Meeting and Board Workshop to discuss the District's Public Education Program; and to reconvene on Tuesday, March 4, 1997 at 6:00 p.m. at the Collection System Operations Department, 1250 Springbrook Road, Walnut Creek, for an Adjourned Regular Meeting and Board Workshop to review the 1997-1998 Personnel Budget. .~arlO~ ~~ President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: Se r ar of the Central 0 a Co t Sanitary District, County of Contra Costa, State of California 02 20 O~j V ,