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HomeMy WebLinkAboutBOARD MINUTES 03-06-97 61 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON MARCH 6, 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 March 6, 1997. President Menesini called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Nejedly, Hockett, Boneysteele, Menesini ABSENT: Members: Rainey Member Rainey entered the meeting at the hour of 2:07 p.m. 2. PUBLIC COMMENTS None a. 3. AWARDS AND COMMENDATIONS ACKNOWLEDGE RECEIPT OF SAN FRANCISCO BAY SECTION OF THE CALIFORNIA WATER ENVIRONMENT ASSOCIATION ANNUAL AWARDS FOR 1996 Award Recioients and Nominees: . Public Education - "Sewer Squad" Program, Ken Grubbs and Son Nguyen . Laboratory Analyst of the Year - Jonalea Ostlund . Electrical/Instrumentation Person of the Year - Mark Benson . Collection System Operator of the Year - Tifton Gantt . Collection System of the Year . Mechanical Technician - Matthew Mahoney . Engineering Achievement - Anaerobic Selector Project Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that at the recent San Francisco Bay Section of the California Water Environment Association (CWEA) Awards meeting, Central Contra Costa Sanitary District people won a substantial amount of recognition from their peers. This was the culmination of a long evaluation process. Mr. Dolan stated that the District is honored to have Ms. Tracy Stigers here today. Ms. Stigers is the Chair of the Awards Committee and past President of the CWEA San Francisco Bay Section. Ms. Stigers stated that the San Francisco Bay Section has 550 members included 28 wastewater treatment plants and collection systems which represent over 10,000 miles of pipe. Ms. Stigers stated that Central San won 5 of the 19 awards this year. Member Rainey entered the meeting at the hour of 2:07 p.m. Ms. Stigers stated that Central San won the Collection System of the Year Award for large collection systems over 500 miles. This award is presented for preventive and corrective programs, training, compliance, safety, and housekeeping. Central San conducted extensive benchmarking, improved productivity, has strong employee 03 06 97 .-.- . .--.----.....-----.--------------- 62 empowerment, made portable computers available with sewer maps and cleaning histories for all crews, and system performance was exemplary. Ms. Stigers stated that the Collection System Operator of the Year Award is presented to the person who has demonstrated excellence and innovation. Mr. Tifton Gantt, Maintenance Crew Member II, was awarded the Collection System Operator of the Year Award because of his broad experience in collection system operations, particularly underground construction; attention to safety; productivity; and innovative solutions achieved through a collaborative process. Ms. Stigers stated that the Electricailinstrumentation Person of the Year was awarded to Mr. Mark Benson, Instrument Technician, because of his wide range of skills with a speciality in the Gas Chromatograph Mass Spectrometer (GCMS), and because he is always looking for and implementing innovation solutions to problems. Ms. Stigers stated that the Laboratory Person of the Year Award recognizes involvement with projects that have advanced the field. Ms. Jonalea Ostlund, Chemist II, is competent and productive. She is in charge of the Quality Assurance/Quality Control (QA/QC) Program, has published work, has been selected to be a member of the Standard Methods Committee, and facilitates employee teams working to make Central San more competitive. Ms. Stigers stated that the Public Education Award recognizes CWEA members for significant achievements in promoting awareness and understanding of water quality and environmental issues among the general public. This award was presented to Central Contra Costa Sanitary District for its partnership with the Lindsay Museum for the "Sewer Squad" Elementary School Program. Central San developed the program and Lindsay Museum provides the personnel to go into the classrooms. The program has reached more than 1800 third grade students at 25 schools. Ms. Stigers recognized Messrs. Ken Grubbs, Public Information and Graphics Coordinator, Son Nguyen, Graphics Technician II, and Tim Tullis, Public Information and Production Assistant, for their contributions to this program. Ms. Stigers stated that in addition, Mr. Matthew Mahoney, Maintenance Technician III, Mechanical, was nominated for Mechanical Technician of the Year Award, and the District's Anaerobic Selector Project was nominated for the Engineering Achievement Award. Ms. Stigers stated that all of the awards presented are precursors for the State CWEA awards, and all of the winners have been nominated for the State awards. Free registration to the State conference is provided by the San Francisco Bay Section for all winners. Ms. Stigers congratulated the Board of Directors on its award winning employees and District. President Menesini thanked Ms. Stigers and heartily commended the award recipients and nominees for their outstanding achievements. 4. CONSENT CALENDAR Member Boneysteele requested that Item g. be removed from the Consent Calendar for discussion. It was moved by Member Rainey and seconded by Member Nejedly, that the Consent Calendar, consisting of Items a. through 1. and excluding Item g., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. a. Resolution No. 97-044 accepting work and Offers of Dedication from Eliseo V. Garcia, Job 5115, Parcel 2, was adopted and recording was authorized. Motion unanimously approved on the following vote: 03 06 97 63 AYES: Members: Rainey, Nejedly, Hockett, Boneysteele, Menesini NOES: Members: None ABSENT: Members: None b. Resolution No. 97-045 accepting work and Offers of Dedication from Stephen Wilhelm and Elizabeth R. Wilhelm, Job 5115, Parcel 3, was adopted and recording was authorized. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Rainey, Nejedly, Hockett, Boneysteele, Menesini None None Resolution No. 97-046 accepting work and Offers of Dedication from BSFS/CASA, Job 5115, Parcel 5, was adopted and recording was authorized. c. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: d. Rainey, Nejedly, Hockett, Boneysteele, Menesini None None Resolution No. 97-047 accepting work and Offers of Dedication from Contra Costa County, Job 5147, Parcel 1, was adopted and recording was authorized. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Rainey, Nejedly, Hockett, Boneysteele, Menesini None None Resolution No. 97-048 accepting work and Offers of Dedication from 5726 Sonoma Drive Associates, loP., Job 5145, Parcel 2, was adopted and recording was authorized. e. Motion unanimously approved on the following vote: AYES: Members: Rainey, Nejedly, Hockett, Boneysteele, Menesini NOES: Members: None ABSENT: Members: None f. Resolution No. 97-049 accepting work and Offers of Dedication from Carl M. Marszeqski, et ux, Job 4963, Parcel 3, was adopted and recording was authorized. Motion unanimously approved on the following vote: 03 06 97 64 AYES: Members: NOES: Members: ABSENT: Members: Rainey, Nejedly, Hockett, Boneysteele, Menesini None None At this time, President Menesini proceeded to Consent Calendar Item g. Following discussion wherein Member Boneysteele stated that he has the books and tapes of Dr. Karrass and questions whether this training would be worthwhile, it was moved by Member Rainey and seconded by Member Hockett, that the attendance of Mr. Ba T. Than, Associate Engineer, be authorized at the two-day Karrass Effective Negotiation training to be held in Sacramento, California, from March 10 through 11, 1997, at a total cost not to exceed $950. Motion approved on the following vote: AYES: Members: Rainey, Hockett, Menesini NOES: Members: Nejedly, Boneysteele ABSENT: Members: None 5. HEARINGS a. CONDUCT HEARING ON THE REQUEST OF ROBERT AND PATRICIA LEE FOR CONSIDERATION OF A STAFF DECISION Mr. Dolan, General Manager-Chief Engineer, introduced Mr. Robert A. Baker, Deputy Chief Engineer, who provided an overview of the matter before the Board for consideration. Mr. Baker stated that Mr. Robert Lee is building his own home. He has had trouble in building the sewer and has incurred some costs that he wants the District to reimburse him for. Mr. Baker described the system used by the District to oversee the installation of sewers at the District. It is a two-part system which starts with the sewer maps. Maps are provided at no cost, in most cases, to anyone who needs them. While the maps are reasonably accurate, they are not perfect because the information is provided by developers and builders. While staff tries to keep the maps fairly accurate, the District cannot warrant them. Mr. Baker stated that to deal with this issue as well as many other subtleties of constructing and tieing into the District's system, the District maintains a list of District registered contractors who have experience doing sewer installation within the District and who are familiar with the District's permits and requirements. These contractors use the maps as a guide, but they understand that they must actually locate the sewers. They have special equipment and knowledge to do this task and the cost is built into their bids. Mr. Baker stated that there is an exception to this process. Homeowners are allowed to install their own sewer up to the property line. However, homeowners are prohibited from tapping into the District's sewer line. Homeowners must have a District registered contractor do that. On the average, about one homeowner per month seeks permits to install their own sewer. Mr. Baker stated that Mr. Lee got his plans stamped, came into the District to pay his fees, and was given a handout which contains the information that the District requires registered sewer contractors to do the work. Mr. Baker stated that he believes there was a series of miscommunications because Mr. Lee began work without a permit using an unregistered contractor. However, District staff tried to help Mr. Lee understand the District rules and help him with his project. Despite District staff's best efforts, Mr. Lee says that his contractor was a few feet away from the sewer. Mr. Baker stated that if this had been a registered contractor, the District would probably have disciplined the contractor for not getting a permit. Staff gives homeowners more leniency because of their unfamiliarity with the rules. Mr. Baker stated that the District spent approximately $2,000 in trying to help Mr. Lee. District staff understands that this is a difficult and complicated task and has tried very hard to help Mr. Lee. Mr. Baker stated that to comply with Mr. Lee's request for payment would be inconsistent with District rules. Therefore, staff does not feel it has authority to pay Mr. Lee for the problems he had in his sewer 03 06' 97 65 installation. The Board could allow funds to be expended and staff would have no objection; but if the Board did that, staff would recommend that it not be precedent setting. While staff bears Mr. Lee no malice, staff would recommend that the Board deny Mr. Lee's request for reimbursement of expenses incurred in conjunction with the connection of his new home to the District's sewer system. Discussion followed with regard to Mr. Lee acting as his own contractor, the location of the sewer in the easement, the location of the manholes, and whether there is a disclosure statement on the District documents stating that the District does not warrant the accuracy of its maps. Mr. Robert Lee, 3233 Golden Rain Road, No.3, Walnut Creek, addressed the Board, commending District staff for their courtesy and helpfulness. Mr. Lee described the piece of property he purchased in a twelve to fifteen year old existing subdivision in Walnut Creek, and the fact that his neighbor's fence is 2.5 feet inside Mr. Lee's property line. Mr. Lee described the process he went through in having Underground Service Alert (USA) and District crews try to locate and mark the existing sewer. Mr. Lee stated that a District crew stated that the manhole was below grade and a work order would be issued to bring the manhole up to grade. Mr. Lee stated that he was under pressure from the City of Walnut Creek to control rainwater from running off his property. He wanted to stub into the existing sewer but he did not want to hook the sewer to his new home because he didn't need it yet and didn't want to pay for it at that time. Mr. Lee stated that his contractor dug a hole big enough to put a Volkswagen in but did not find the sewer. Mr. Lee stated that he was trying to avoid killing the trees on his neighbor's property and he did not dig beyond the property line. Mr. Lee stated that his contractor was not from this county but he was competent. Discussion followed with regard to the location of the fence, whether Mr. Lee knew the location of the manhole at the time his contractor was digging, and the efforts of USA and the District to locate the manhole. In response to a question from Member Rainey, Mr. Dolan, General Manager-Chief Engineer, stated that the District does not allow people to connect to the District's pipeline without a permit. Mr. Dolan stated that in this case there was a bit of contention on that issue because .at the time of connection to the pipe, the homeowner must pay the connection fees. An understanding was finally reached that Mr. Lee would pay the fee. Mr. Dolan recommended that the Board deny Mr. Lee's request for reimbursement of expenses incurred in connecting his sewer, but with the understanding of the complicated situation in which Mr. Lee found himself. Member Boneysteele stated that Mr. Lee was his own contractor, and without being skilled in the actual construction of the job problems may be encountered the first time something is done. The actual location of the sewer was close to the map. The District expended $2,000 working with Mr. Lee on this. Member Boneysteele stated that the District and Mr. Lee should just credit this expense to experience and bad luck. Member Rainey agreed that this is a very unfortunate situation and combination of circumstances. Member Rainey stated that the pressure from the City of Walnut Creek for Mr. Lee to connect prior to the District confirming the location of the sewer may have been a factor. Member Rainey stated that she does not support reimbursement of the expenses, but she does agree with Member Hockett that a disclaimer should be placed on the maps and that the list of registered sewer contractors should be given out at the time so homeowners are clearly on notice. Member Nejedly stated that the pressure from the City of Walnut Creek was unfortunate, but the District did come out several times to try to help Mr. Lee. Member Nejedly concurred with Members Boneysteele and Rainey. Mr. Lee stated that he dug the hole where he was told the sewer was. Mr. Lee stated that he was not imprudent in digging whether he was told. Following further discussion, Member Rainey stated that there has been some definite miscommunication and unfortunately Mr. Lee spoke with many different people at the 03 06 97 66 District and got some different information from different people. It was moved by Member Rainey and seconded by Member Nejedly, that because of the special circumstances in this case and with the understanding that this action is not precedent setting, reimbursement to Robert and Patricia Lee be authorized in the amount of $358.50, half the claimed expenses of $717. Motion unanimously approved on the following roll call vote: AYES: Members: NOES: Members: ABSENT: Members: Rainey, Nejedly, Hockett, Boneysteele, Menesini None None Mr. Lee thanked the Board for their consideration. 6. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER At this time, Mr. Dolan, General Manager-Chief Engineer, noted the presence of Mr. Dan Clinton, the District's Labor Counsel, and requested that the Board depart from the order of the agenda, taking Item 16.a., Closed Session. Mr. Dolan also requested that Item 13.a.3), 1996-1997 Capital Improvement Budget Mid-Year Status Report, be taken out of order following Bids and Awards. The Board concurred. 16. CLOSED SESSION a. LABOR NEGOTIATIONS With respect to labor negotiations, the closed session was held pursuant to Government Code Section 54957.6, to meet with designated representatives prior to and during consultations and discussions with the representatives of employee organizations regarding the salary, salary schedules or compensation paid in the form of fringe benefits of employees in order to review its position and instruct its designated representatives. The District's negotiators are Deputy General Manager Paul Morsen, Human Resources Manager Cathryn Freitas, and Labor Counsel Dan Clinton. The pertinent employee organization is the Central Contra Costa Sanitary District Employees' Association Public Employees' Local No.1. At 3: 18 p.m., President Menesini declared the closed session to discuss labor negotiations pursuant to Government Code Section 54957.6 as noted above. At 4:18 p.m., President Menesini concluded the closed session and reconvened the meeting into open session. 17. REPORT OF DISCUSSIONS IN CLOSED SESSION No decisions were made nor votes taken in closed session which require reporting at this time. At this time, President Menesini reverted to the order of the agenda. 7. BIDS AND AWARDS a. AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO GSE CONSTRUCTION COMPANY. INC.. AND AUTHORIZE CONSULTANT AGREEMENTS FOR RECYCLED WATER PROJECT, DP 7162 Following discussion of the responsibilities and tasks of the various consulting firms and individuals working on the project, it was moved by Member Boneysteele and seconded by Member Rainey, that award of a construction contract in the amount of $2,775,000 for construction of the Recycled Water Project - Treatment Plant and Distribution Facilities, DP 7162, be authorized to GSE Construction Company, Inc., the lowest responsible bidder; and that the General Manager-Chief Engineer be authorized to execute professional services agreements not to exceed $220,000 with G.S. Dodson and Associates and $200,000 with Montgomery Watson to provide contract administration, inspection, and technical support services during construction of the Recycled Water Project - Treatment 03 06 97 67 Plant and Distribution Facilities, DP 7162. There being no objection, the motion was unanimously approved. b. AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT FOR THE LANDSCAPING IMPROVEMENTS PROJECT. DP 8165. TO CONTRA COSTA LANDSCAPING. INC. Mr. Dolan, General Manager-Chief Engineer, stated that the Board has provided much guidance and direction on this project. Staff would now recommend award of construction contract to the lowest responsible bidder, Contra Costa Landscaping, Inc. It was moved by Member Boneysteele and seconded by Member Hockett, that award of a construction contract in the amount of $197,300 for construction of the Landscaping Improvements Project, DP 8165, be authorized to Contra Costa Landscaping, Inc., the lowest responsible bidder. There being no objection, the motion was unanimously approved. Member Rainey questioned whether the CalTrans and Contra Costa County properties would be improved. Following a brief discussion, it was agreed that this subject be calendared for discussion at a future Board Meeting. At this time, President Menesini proceeded to Item 13.a.3) Budget and Finance. 13. BUDGET AND FINANCE a.3) 1996-1997 CAPITAL IMPROVEMENT BUDGET MID-YEAR STATUS REPORT Mr. John Mercurio, Administrative Analyst, summarized the Capital Improvement Budget (CIB) expenditures, revenues, and major projects for the first six months of the fiscal year. Mr. Mercurio noted that CIB expenditures are projected to be $20,194,000 at June 30, 1997. Including debt retirement costs of $2,224,000 total expenditures at year end are projected to be $22,418,000 or $6,430,000 less than budget, representing a 22.3 percent favorable variance. At June 30, 1997, CIB revenues are anticipated to be $20,536,000 or $99,000 more than budget, representing a 0.5 percent favorable variance. Based on projected revenues and expenditures, the Sewer Construction Fund balance at June 30, 1997 is projected to be $48,806,000 less outstanding debt of $24,773,000, for a net Sewer Construction Fund balance of $24,033,000. President Menesini thanked Mr. Mercurio for his report. Discussion followed with regard to the status of the Ultraviolet (UV) Disinfection Project. P.resident Menesini requested that the Dougherty Valley Tunnel issues be calendared for discussion at a future Board meeting. Staff indicated that is scheduled for late spring or early summer. At this time, President Menesini reverted to the order of the agenda. 8. REPORTS a. GENERAL MANAGER-CHIEF ENGINEER 1 ) Mr. Dolan, General Manager-Chief Engineer, stated that in 1984, the Board directed staff to undertake an internal planning effort larger than the District ever had before. A Planning Manager was hired and a long-term capital improvement plan was developed. The first master planning work produced was the Collection System Master Plan in 1986. A year or two later, staff embodied the planned capital needs along with a financing plan into the Capital Improvement Budget/Capital Improvement Plan (CIB/CIP) Program which is currently being developed for fiscal year 1997-1998 under the Board's direction. As a follow-on activity, several specific capital plans were undertaken covering areas where there was complicated hydrology or high infiltration/inflow. Martinez was one of those areas. The 1989 Martinez Specific Plan identified 23 projects which totaled $43 million. The most urgent projects were on the west side of town. To date, eight projects totaling $19 million have been completed. . 03 06 97 68 2) Mr. Dolan stated that as a result of wet weather overflows, the Board has recently seen evidence of the need for work on the east side of Martinez. Mr. Dolan introduced Mr. Curt Swanson, Principal Engineer, who stated that the Martinez East Side Trunk Sewer Project, DP 4950, is one of the two largest projects being designed in-house at this time. The project will replace/upgrade trunk and main sewers in the eastern part of downtown Martinez along Court Street, Pine Street, and Pacheco Boulevard. The total length of the project is 20,000 feet. In addition, 83 manholes will be replaced or added. The estimated cost of the project is $3 million. Mr. Swanson stated that the Martinez East Side Trunk Sewer Project was included in the 1989 Martinez Facilities Plan, which was a comprehensive upgrading of the Martinez sewer system over a 20-year period. Mr. Swanson described the structural problems and hydraulic deficiency in the eastern Martinez area, the proposed Martinez East Side Trunk Sewer Project, construction methods, and constraints. Mr. Swanson stated that the Pacheco Boulevard Improvements Project is a separate project but staff would propose to proceed with it at this time as well. The City of Martinez is planning a project to widen Pacheco Boulevard between Willow and Bush Streets. Mr. Swanson recommended that the District work with the City of Martinez on this project to mitigate the impacts on the community and lower the overall unit cost. Mr. Swanson stated that there will be a number of public meetings relating to the Martinez East Side Trunk Sewer Project including a general public meeting, meeting with the downtown merchants, a joint public meeting with the City of Martinez for the Pacheco Boulevard Widening Project, meetings with target groups, and a presentation to the Martinez City Council. The general meeting is scheduled on Monday, March 24, 1997 at the Martinez City Council Chambers from 6:00 to 9:00 p.m. A presentation is planned at 7:00 p.m. with an open house before and after the presentation. President Menesini, as Martinez Board liaison, indicated an interest in attending if his schedule would permit. Mr. Dolan, General Manager-Chief Engineer, stated that East Bay Municipal Utility District (EBMUD) is a large property owner in the Canyon area. EBMUD is considering a substantial project to eliminate septage leaching into Upper San Leandro Reservoir watershed. EBMUD has proposed that Central San participate in that project. Mr. Dolan introduced Mr. Jarred Miyamoto-Mills, Principal Engineer, who described EBMUD's proposal for sewering the community of Canyon. EBMUD believes that septage systems in a reservoir watershed may pose a public health hazard. Mr. Miyamoto- Mills stated that there are about 80 residences, a post office, and an elementary school in the community of Canyon. Sewering would require a pumping station and about 20,000 feet of gravity and pressure sewers to connect to Central San's existing sewer in Canyon Road, Moraga. The capital cost of these improvements is estimated to be $2-4 million or about $25,000 to $50,000 per residence. Grant funds may be available for up to 50 percent of the capital cost. Mr. Miyamoto-Mills stated that the annual operations and maintenance cost would be about $200 per residence over and above Central San's normal Sewer Service Charge. Institutional options include: . Annexation/implementation by Central San; . Formation of a County Service Area with contract service from Central San; or . EBMUD implementation with contract service from Central San. Mr. Miyamoto-Mills presented the staff recommendation that Central San cooperate with EBMUD's planning efforts and encourage EBMUD and the community of Canyon in the identification and evaluation of more cost effective options but not to respond favorably to suggestion of subsidies by b. 69 Central San customers. Central San will defer to EBMUD as the lead agency for this issue. Following discussion, the Board endorsed staff's recommended approach. 3) Mr. Dolan, General Manager-Chief Engineer, requested that the Board set a time for the continuation of the discussion on the District's Media Outreach Program. It was agreed that a Board Workshop/Adjourned Regular Meeting to continue the discussion of the District's Media Outreach Program be scheduled for 6:00 p.m. on Tuesday, March 11, 1997, at 1250 Springbrook Road, Walnut Creek. 4) Mr. Dolan, General Manager-Chief Engineer, announced that the District is advertising for the Rossmoor Sewer Improvements Project, Phase 3. The estimated cost of the work is $430,000. 5) Mr. Dolan, General Manager-Chief Engineer, announced that a very expensive sewer project has been identified to sewer three lots with failing septic tanks in the EI Toyonal area of Orinda. Mr. Dolan stated that a Contractual Assessment District, like the Gary Way Contractual Assessment District, might be a way to mitigate some of the high cost and solve a community problem. Staff has not yet broached this subject because Gary Way is a demonstration project. Following a brief discussion, it was agreed that this item be calendared for discussion at a future Board Meeting. 6) Mr. Dolan, General Manager-Chief Engineer, stated that some time ago, with the Board's consent, the District became a member of the Pleasant Hill Chamber of Commerce. There will be a public fair at the Pleasant Hill Community Center tonight, March 6, 1997, from 5:00 p.m. to 8:00 p.m. The District will have a tabletop display. This activity provides the District with an opportunity to provide information on our Pollution Prevention Program and be open to input from business leaders on their concerns. Member Nejedly requested a report on this activity at a future Board Meeting. COUNSEL FOR THE DISTRICT None Noting the lateness of the hour, it was the consensus of the Board that the meeting be extended until 7:00 p.m. c. d. a. SECRETARY OF THE DISTRICT None BOARD MEMBERS 1 ) Member Rainey reported on the February 27, 1997 Central Contra Costa Solid Waste Authority Meeting at which topics of discussion included the commercial recycling program, development of the rate review structure, and Valley Waste Management's request for rate adjustment or change in service level. 9. ENGINEERING ADOPT RESOLUTION DESIGNATING REPRESENTATIVES TO APPLY FOR AND OBTAIN STATE AND FEDERAL FINANCIAL ASSISTANCE FOR STORM DAMAGE SUFFERED IN DECEMBER 1996 AND JANUARY 1997 It was moved by Member Boneysteele and seconded by Member Rainey, that Resolution No. 97-050 be adopted, designating General Manager-Chief Engineer Roger J. Dolan, Deputy Chief Engineer Robert A. Baker, and Infrastructure Division Manager Jay S. 03 06 97 70 McCoy, as official representatives to apply for and obtain on behalf of the District state and federal disaster relief funds. The motion was approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Boneysteele, Rainey, Nejedly, Hockett, Menesini None None 10. CORRESPONDENCE a. NOTE RECEIPT OF LETTER DATED FEBRUARY 19. 1997 FROM MR. PAUL W. CORNELL. CHAIRMAN OF THE ROSSMOOR AD HOC SEWER TRANSFER COMMITTEE. REGARDING THE 1997 SEWER TRANSFER PROGRAM AND COMMENDING CCCSD STAFF MEMBERS FOR THEIR WORK IN THIS AREA Receipt was noted of the letter dated February 19, 1997 from Mr. Paul W. Cornell, Chairman of the Rossmoor Ad Hoc Sewer Transfer Committee, regarding the 1997 Sewer Transfer Program and commending General Manager-Chief Engineer Roger Dolan, Infrastructure Division Manager Jay McCoy, Principal Engineer Curt Swanson, and Senior Engineering Assistant Tom Trice for their work in this area. A response, drafted by President Menesini, was approved by the Board. President Menesini and the full Board extended their thanks to staff for their efforts. 11. APPROVAL OF MINUTES a. MINUTES OF REGULAR MEETING OF FEBRUARY 20, 1997 b. MINUTES OF ADJOURNED REGULAR MEETING OF FEBRUARY 27, 1997 It was moved by Member Boneysteele and seconded by Member Hockett, that the minutes of the Regular Meeting of February 20, 1997, be approved as amended deleting the comma in the third bullet on page 4, and adding the words, "President of Rossmoor Mutual 3" following Mr. Harry Craig's name in the second paragraph on page 11; and that the minutes of the Adjourned Regular Meeting of February 27, 1997, be approved as presented. There being no objection, the motion was unanimously approved. 12. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED MARCH 6. 1997 It was moved by Member Nejedly and seconded by Member Boneysteele, that the Expenditure List dated March 6, 1997, including Self-Insurance Check Nos. 101246- 101250, Running Expense Check Nos. 101882-102117, Sewer Construction Check Nos. 18076-18117, and Payroll Check Nos. 44645-44914, be approved as recommended. There being no objection, the motion was unanimously approved. 13. BUDGET AND FINANCE a. RECEIVE JANUARY 1997 FINANCIAL STATEMENTS Ms. Deborah Ratcliff, Controller, reviewed the results of operations and maintenance expenses for the month of January 1997, noting that expenditures were $256,000 less than budget, representing a 10.9 percent favorable variance. For the seven months ended January 1997, expenditures were $1.2 million less than budget, representing a 7.2 percent favorable variance. Operations and maintenance revenues for the seven months ended January 1997 were $15,929,000, 4.7 percent below budget. Ms. Ratcliff reported that the District's temporary investments were held in Treasury bills and Treasury notes and the District's Local Agency Investment Fund (LAIF) account with interest rates ranging from 4.5 percent to 6.2 percent. The latest interest rate as of January 1997 was 5.7 percent. The average yield for the LAIF accÒunt through February 1997 was 5.5 percent. 03 06 97 71 It was noted that the 1996-1997 Capital Improvement Budget Mid-Year Status Report was taken out of order earlier in the agenda. President Menesini declared that the January 1997 Financial Statements were duly received. 14. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 15. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS It was noted that the following items were suggested as future agenda items: CalTrans/Contra Costa County property cleanup; failing septic tanks in the EI Toyonal area of Orinda; report of Pleasant Hill Chamber of Commerce public fair; and discussion of Dougherty Valley Tunnel issues. 16. CLOSED SESSION a. LABOR NEGOTIATIONS This item was taken out of order earlier in the agenda. b. EXISTING LITIGATION Mr. Kenton L. Aim, Counsel for the District, stated that with regard to Item 1) below, Acme Landfill Corp. v. Althin CD Medical, Inc., CCCSD, et ai, a settlement has been reached and copies of the settlement have been provided to the press. Mr. Aim stated that the closed session today will be on the subject of insurance recoveries related to that matter. Mr. Aim stated that Member Nejedly had previously disqualified himself on the Acme litigation matter. Mr. Aim stated that he does not believe that Member Nejedly has a conflict with regard to insurance recoveries; and therefore, he may participate in the closed session. 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 ) 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 - Contra Costa County Superior Court No. C96-00562; and 4) Leonard/Beinke v. CCCSD - Contra Costa County Superior Court No. C96- 02566. At 6:07 p.m., President Menesini declared the closed session to discuss litigation pursuant to Government Code Section 54956.9(a) as noted above. At 6:48 p.m., Member Rainey excused herself and left the meeting. At 6:51 p.m., President Menesini concluded the closed session and reconvened the meeting into open session with all parties present as previously designated with the exception of Member Rainey. 17. REPORT OF DISCUSSIONS IN CLOSED SESSION Mr. Kenton L. Aim, Counsel for the District, announced that in closed session the Board authorized settlement with Fireman's Fund in the amount of $350,000 with regard to the Acme matter; the Board authorized settlement with Reliance National Indemnity (Planet Insurance) in the amount of $75,630 with regard to the Acme site, the Helix site, and the A-Basin claims; and the Board authorized settlement with Fireman's Fund in the amount of $250,000 with regard to the Helix matter. 03 06 97 72 03 18. ADJOURNMENT There being no further business to come before the Board, President Menesini adjourned the meeting at the hour of 6:53 p.m. to reconvene at 6:00 p.m. on Tuesday, March 11, 1997, at 1250 Spring brook Road, Walnut Creek, for an Adjourned Regular MeetinglBoard Workshop to continue discussion of the District's Public Education and Media Outreach Programs. ~tfaro~ President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: 06 97