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HomeMy WebLinkAboutBOARD MINUTES 06-05-97 153 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON JUNE 5, 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 June 5, 1997. President Menesini called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Lucey, Nejedly, Hockett, Boneysteele, Menesini ABSENT: Members: None 2. PUBLIC COMMENTS None a. 3. AWARDS AND COMMENDATIONS ACKNOWLEDGE RECEIPT OF THE ASSOCIATION OF METROPOLITAN SEWERAGE AGENCIES SILVER AWARD IN RECOGNITION OF SIGNIFICANT LEVEL OF NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT COMPLIANCE DURING THE CALENDAR YEAR 1996 Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that the Association of Metropolitan Sewerage Agencies (AMSA) Award Program focuses on agencies with exceptional performance records. The Silver Award goes to agencies that have a minimum amount of violations, and the Gold Award goes to those agencies with no violations whatsoever. Because of our continuous chlorine self-monitoring program, the District notes even minimal excursions. It is a significant achievement to receive this award. Mr. Ted Smith, Plant Operations Superintendent, presented the AM SA Silver Award to the Board of Directors. President Menesini stated that he is very proud that the District has received this award and congratulated Mr. Smith and all Plant Operations Department employees on a job well done. 4. CONSENT CALENDAR Following discussion of the status of negotiations relating to acquisition of a public sewer easement for the Canyon Lakes Country Club sewer extension, it was moved by Member Hockett and seconded by Member Nejedly, 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. 97-104 accepting work and Offers of Dedication from Bertha Thomas, North Lane, Orinda area (69C3), Job 5152, Parcel 1, was adopted and recording was authorized. It was noted that the sewer main was funded by a private developer and installed in a private road for one new residence. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Hockett, Nejedly, Lucey, Boneysteele, Menesini None None 06 05 97 154 Two Quitclaim Deeds were approved to James C. McGeehon, Jr., William O. McGeehon, and Katherine B. McGeehon, Job 1552 (Miscellaneous), Walnut Creek area; the President of the District Board of Directors and the Secretary of the District were authorized to execute and record said Quitclaim Deeds; and Resolution No. 97-105 was adopted to that effect. b. Motion unanimously approved on the following vote: AYES: Members: Hockett, Nejedly, Lucey, Boneysteele, Menesini NOES: Members: None ABSENT: Members: None The Agreement relating to Real Property with Kaufman and Broad of Northern California, Job 4670, San Ramon area, was approved; the President of the District Board of Directors and the Secretary of the District were authorized to execute and record said Agreement; and Resolution No. 97-106 was adopted to that effect. c. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Hockett, Nejedly, Lucey, Boneysteele, Menesini None None d. Authorization was given for P.A. 97-6 (Alamo) 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, Nejedly, Lucey, Boneysteele, Menesini None None June 19, 1997, at 2:00 p.m., was established as the date and time for a public hearing to consider adoption of a Resolution of Necessity for the purpose of initiating acquisition of a public sewer easement by eminent domain for the Canyon Lakes Country Club sewer extension. e. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Hockett, Nejedly, Lucey, Boneysteele, Menesini None None 5. HEARINGS CONDUCT PUBLIC HEARINGS TO RECEIVE PUBLIC COMMENT ON THE 1997- 1998 OPERATIONS AND MAINTENANCE BUDGET AND THE SELF-INSURANCE FUND BUDGET AND FOR THE ESTABLISHMENT OF THE 1997-1998 SEWER SERVICE CHARGE RATE AND ON PLACING THE SEWER SERVICE CHARGE ON THE COUNTY TAX ROLL FOR COLLECTION a. Mr. Dolan, General Manager-Chief Engineer, stated that this is one more of the normal annual events related to the budget process. The Board has been through numerous meetings and workshops on the various budget components. At this hearing the Board will consider the Operations and Maintenance Budget and Self-Insurance Fund Budget, and 06 05 97 155 establishment of the 1997-1998 Sewer Service Charge rate. It has been the practice of the District to hold a hearing on establishment of the Sewer Service Charge rate whether or not an increase is necessary. No rate adjustment is requested this year, but a hearing will be held as has been done in the past. Mr. Dolan introduced Ms. Deborah Ratcliff, Controller, who stated that the Operations and Maintenance (O&M) Budget was reviewed in detail at the last Board Meeting. An overview will be presented at this time. Mr. Ratcliff reviewed actual, projected, and budgeted O&M revenues and expenses for the 1995-1996, 1996-1997, and 1997-1998 fiscal years based on a Sewer Service Charge rate of $188. Ms. Ratcliff stated that revenues are budgeted to be $28.9 million in 1997-1998, $398,000 (1.4 percent) greater than last year's budget. Expenses are budgeted at $29.3 million, $941,000 (3.3 percent) greater than last year's budget. This includes a 3.9 percent across the board increase for all employees based on staff's understanding of the Board's guidance on this issue, Household Hazardous Waste Facility costs, and transfer of $100,000 to the Self-Insurance Fund. Ms. Ratcliff stated that the Running Expense Fund balance at June 30, 1998 will decrease to $6,859,000, down $379,000 from the previous year. Ms. Ratcliff stated that no increase in the Sewer Service Charge rate is recommended this year so it will not be necessary to address Proposition 218 requirements at this time. Ms. Ratcliff provided an overview of the current Self-Insurance Fund Budget compared to last year. It is anticipated that changes in revenues and expenditures during the 1997- 1998 fiscal year will approximately offset each other, and that the Self-Insurance Fund balance will remain unchanged at $4.9 million at June 30, 1998. At 2:20 p.m., President Menesini opened the public hearing to obtain public comment on the O&M and Self-Insurance Fund Budgets and on establishment of the 1997-1998 Sewer Service Charge rates. There being no comments, the public hearing was closed. At 2:22 p.m., President Menesini c:>pened the public hearing to obtain public comment relative to the collection of the 1997-1998 Sewer Service Charges on the County tax roll. There being no comments, the public hearing was closed. It was moved by Member Boneysteele and seconded by Member Nejedly, that the 1997- 1998 Operations and Maintenance Budget and Self-Insurance Fund .Budget be approved; that Ordinance No. 200 be adopted, establishing the 1997-1998 Sewer Service Charge rate schedule based on a residential rate of $188; and that Resolution No. 97-107 be adopted, authorizing collection of the 1997-1998 Sewer Service Charges on the County tax roll. Motion unanimously approved on the following roll call vote: AYES: Members: NOES: Members: ABSENT: Members: Boneysteele, Nejedly, Lucey, Hockett, Menesini None None Mr. Dolan, General Manager-Chief Engineer, noted that the practice of collecting the Sewer Service Charges on the County tax roll is significantly less expensive than having the District collect them separately. The District pays a prorated share of the collection cost to the County. 6. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Mr. Dolan, General Manager-Chief Engineer, requested that Item 10.b., District Annexation 137, Windemere Ranch Boundary Reorganization, be taken out of order to accommodate interested persons in the audience. There being no objection, President Menesini proceeded to Item 10.b. 06 05 97 156 b. 10. ENGINEERING ORDER COMPLETION OF DISTRICT ANNEXATION 137. WINDEMERE RANCH BOUNDARY REORGANIZATION. SAN RAMON AREA Mr. Dolan, General Manager-Chief Engineer, introduced Mr. Russell Leavitt, .Planning Assistant, who stated that a boundary reorganization is an annexation of a piece of property to two or more agencies at the same time. In the case of the Windemere Ranch Boundary Reorganization, annexation to Central Contra Costa Sanitary District (CCCSD) for wastewater utility service and annexation to Dublin San Ramon Services District (DSRSD) for water utility service is proposed. Mr. Leavitt introduced Mr. Bert Michalczyk, of DSRSD, and Mr. Dan Coleman, of Windemere Ranch Partners, who were present at the Board Meeting. Mr. Leavitt described the location of the proposed boundary reorganization, which includes 2,319 acres and 5,270 dwelling units to be built out over a ten-year period. Mr. Leavitt reviewed the chronology relating to this property beginning in 1986 with the San Ramon Valley Trunk Sewer Environmental Impact Report and project approval through the present boundary reorganization request. In response to a question from Member Lucey, Mr. Dolan stated that affirmative action by the CCCSD Board will complete District Annexation 137, Windemere Ranch Boundary Reorganization, conditional on the DSRSD water issue. However, further Board action will be needed for approval of the Dougherty Valley Tunnel. Mr. Jarred Miyamoto-Mills, Principal Engineer, reviewed the planning process for sewering the Dougherty Valley, indicating that the Environmental Impact Report has been completed. The matter currently before the Board for consideration is annexation of the Windemere Ranch property. Later this summer, staff will come back to the Board. First, the Board will be asked to consider the Facilities Plan for sewering Dougherty Valley. At that time, the Board will be asked to consider California Environmental Quality Act (CECA) approval of the sewering project for Dougherty Valley, selecting the Dougherty Valley Tunnel alternative. Secondly, staff will come back to the Board with the issue of Capital Improvement Fees to deal with the issue of financing the Dougherty Valley Tunnel for those areas tributary which are not part of the Shappel and Windemere Ranch properties. Finally, staff will come back to the Board with a financing arrangement between CCCSD and the developers before proceeding with sewering of the area based on the premise that developers will pay the cost up front at the time of construction for all facilities needed to reach the District's facilities. Mr. Miyamoto-Mills reviewed the plan for providing services including: . On-site Facilities . Pumping Station Alternative . Gravity Tunnel Alternative . Downstream Facilities . Financing of Improvements Mr. Miyamoto-Mills showed the project area and described the areas tributary to the Dougherty Valley Tunnel. Discussion followed with regard to the District's rebate program which could serve as a conceptual model for these facilities. Mr. Miyamoto-Mills stated that approximately $180,000 has been expended to date for studies, geotechnical work, and related items to ensure the District that the tunnel is the most viable option. Other than that, nothing will be done until a financing arrangement has been agreed to with the developer. Mr. Dolan stated that staff has been made aware that there is an agreement between Windemere and Shappel where the first party to proceed will finance the necessary improvements on their own and the other will proceed on a rebate arrangement. He has not seen that agreement, but understands the Board's position that no more pumping stations will be authorized and any future connections to current Dougherty Valley Pumping Station will be required to pay their fair share of the cost of the tunnel. After 06 05 97 157 build out of area tributary to existing pumping stations, development will not proceed until the tunnel is in place and an arrangement to pay for it has been made. President Menesini agreed, stating that he hopes that is a well understood principle. Mr. Dan Coleman, of Windemere Ranch Partners, stated that it is understood. Windemere does have a cooperative agreement that does say that he who triggers the need goes forward on his own and uses his own capital. On certain issues there will be rebates and certain issues there will not. This agreement deals with a variety of improvements including roads, schools, and so on. Mr. Coleman stated that he can almost guarantee that once Windemere has put up the money and been bonded for the improvements that Shappel will request annexation. Member Boneysteele asked if once sewage is delivered to the Larwin Pumping Station either pumped or through the tunnel option, will there be additional costs of pumping that sewage to the treatment plant and whether that will be a general obligation of the District. Mr. Miyamoto-Mills stated that that is a policy consideration of the Board. Staff thinking now is that the customers of the Dougherty Valley would be treated the same as the other customers of the District. Member Boneysteele asked whether by annexation of this property, an additional cost would be added to the overall cost burden of the customers of the District. Mr. Dolan responded that a more thorough analysis of the present worth of the income related to the new houses including annexationlconnection fees and operations and maintenance payments is required. Mr. Dolan stated that he believes that the impact would be revenue neutral or beneficial. Mr. Robert A. Baker, Deputy Chief Engineer, stated that operating expenses such as electricity will go up, but more Sewer Service Charge revenue will be collected. Some costs are fixed such as number of employees and some are incremental such as electricity for pumping. Mr. Baker stated that he believes that analysis will show that the impact on the District will be revenue neutral. Any additional costs would likely be offset by additional revenue received. Mr. Dolan stated that that analysis has not yet been done. It will be part of the presentation to the Board later this summer. Following discussion, it was moved by Member Hockett and seconded by Member Lucey, that Resolution No. 97-108 be adopted, certifying a review of information, adopting the California Environmental Quality Act findings, and ordering completion of District Annexation 137, Windemere Ranch Boundary Reorganization. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Hockett, Lucey, Nejedly, Boneysteele, Menesini None None In response to a question from the Board, Mr. Coleman stated that would be happy to provide a tour of the area to the Board. Mr. Doug Craig, Planning Division Manager, will coordinate that tour. At this time, President Menesini reverted to the order of the agenda. a. 7. BIDS AND AWARDS AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO KAWEAH CONSTRUCTION COMPANY FOR THE HEADWORKS FACILITIES ENHANCEMENTS PROJECT. DP 7177 Following explanation by Mr. Dolan, General Manager-Chief Engineer, and discussion of the current District philosophy to staff construction administration and inspection for the median workload and augment with outside services during peak workload periods, it was moved by Member Hockett and seconded by Member Lucey, that award of a construction contract be authorized in the amount of $163,700 for construction of the Headworks Facilities Enhancements Project, DP 7177, to Kaweah Construction Company, the lowest responsible bidder. There being no objection, the motion was unanimously approved. 06 05 97 158 President Menesini indicated that he would be interested in looking at this project. Mr. Baker, Deputy Chief Engineer, stated that he would arrange a site visit when construction is underway. a. 06 05 8. REPORTS GENERAL MANAGER-CHIEF ENGINEER 1 ) Mr. Dolan, General Manager-Chief Engineer, stated that in recent years, the District has seen an increase in the development of various kinds of care facilities for the elderly and infirm. At the same time, the state and federal governments have put in place a regulatory bureaucracy that entails a classification system for these kinds of facilities. It is now appropriate for the District to bring its classifications in this particular area into conformance with the new state system. Also, staff has studied the water usage of the new classifications and have some results and proposed changes in connection fees to present to the Board. As part of this process a public hearing has been scheduled for June 19, 1997 on this issue. Mr. Dolan introduced Mr. Jay S. McCoy, Infrastructure Division Manager, who stated that over the past two or three years, there has been an increase in the number of applicants building facilities for the elderly and infirm. Of the several applicants that have come to the District, more than two-thirds have looked at the District fees and requested a special study as provided in the fee structure. In light of those studies, the permit crew took the lead in doing a comprehensive review of those facilities in the District service area and considered changes that may be appropriate to the current fee structure. Mr. McCoy reviewed the procedure used in assessing the current fees, the definitions of the various types of facilities and terms, and the details of proposed changes to the current Facilities Capacity Fee and Pumped Zone Fee as set forth in the handouts provided to the Board. Discussion followed with regard to the different licenses issued from various licensing bodies, and the various types of residential health care and skilled nursing facilities. In closing, it was noted that this matter will be the subject of a public hearing on June 19, 1997. 2) Mr. Dolan, General Manager-Chief Engineer, stated that the Gary Way Demonstration Contractual Assessment District (CAD) is now underway. The pipeline is being constructed. In the course of putting the project together, several new ideas were developed that staff believes should be considered prior to instigating future CAD's. There are legal conditions that change based on whether the District contributes funds to the project as a partner (that is, advancing funds covering non-participating properties) rather than the banker. The first legal condition is that the prevailing wage law applies; potentially raising the cost of the job. Conceivably, other considerations dealing with public bidding could be applicable as well. The concept of the District covering the cost of undeveloped lots (not an issue on Gary Way) poses the specter of growth stimulation and should be considered. Further complications related to the Gary Way approach would result from the fact that the proposed future buy-in price was to be set pursuant to a new formula that, while logical, is different from the approach currently used to calculate the "equalization charge," a charge now used in comparable situations. Mr. Dolan introduced Mr. Jay S. McCoy, Infrastructure Division Manager, who reviewed the existing CAD criteria as follows: . Minimum of five (5) properties . Ten-year assessment period . Interest rate will be 1 percent above the interest received on long- term investments 97 159 . Two-thirds of property owners initially in favor . Applicable to homes with septic tanks . Buy-in will be based on original assessments plus interest Mr. McCoy then reviewed the proposed CAD criteria as follows: . Minimum of five (5) properties . Ten-year assessment period . Interest rate will be 1 percent above the interest received on long- term investments . All costs paid by owners (participants pay nonparticipants' shares) . Charges based on equalization charge formula will be established for nonparticipants . A minimum of 70 percent of the properties must have existing homes Mr. McCoy reviewed examples applying the proposed criteria. Following discussion of possible procedures to be applied when an owner moves or sells the property, it was agreed that alternatives would be presented to the Board for consideration prior to instigation of the next CAD. 3) Mr. Dolan, General Manager-Chief Engineer, stated that complications have developed on the Outfall Diffuser Repair Project. Staff has developed alternatives which will enable the District to Quickly complete the project which is being done under the close scrutiny of the Regional Water Quality Control Board. Mr. Dolan introduced Mr. William E. Brennan, Plant Engineering Division Manager, who provided an update on the status of the manhole cover plates repair on the Outfall, providing background on previous work which has bearing on this repair. Mr. Brennan reported that the missing manhole cover plates have been fabricated and were installed today. Mr. Brennan stated that the more complicated issue relates to the contract. Since the agenda was posted, staff has had multiple discussions with the contractor. Staff believes that this project can be finished with the existing contractor, Underwater Resources. Mr. Brennan provided a status report of the diffuser repair and outfall cleaning contract. When the project was scheduled to begin in February 1997, the contractor claimed changed site conditions. The contractor claimed that sediment had accumulated outside the pipe due to the winter storms and this created access problems requiring a different form of cleaning and additional compensation. A second diving firm was hired to inspect the condition of the outfall pipe. This inspection found that the current site conditions with regard to the sediment were similar to August 1996 conditions; however, the diffuser installation was different than what was described in the bid request which was based on District records. Underwater Resources will proceed with the cleaning at the original contract amount of $15,800. The diffuser repair will be simpler and less expensive based on the new information. Staff has discussed this with Underwater Resources and proposes to negotiate a repair cost with them and move forward quickly with this repair work. Mr. Dolan stated that staff does not believe there is a basis for removing the existing contractor from the job. Since they can complete the job for less than the bid price, it does not seem appropriate to make a change at this point. If the situation changes, staff would proceed to remove the contractor from the job if that is the appropriate action, 06 05 97 160 06 4) 5) 6) 7) Discussion followed with regard to the diffuser port configurations, the sediment both inside and outside the pipe, and the need for completing the project as soon as possible. Following discussion, it was moved by Member Lucey and seconded by Member Nejedly, that staff be authorized to proceed with the existing contractor, Underwater Resources, to the completion of the work on the Outfall Diffuser Project or to the point where staff loses confidence that the contractor can successfully perform the work; in the event the contractor fails to perform, staff is authorized to terminate the contract in accordance with the provisions of the contract and move forward with another contractor. There being no objection, the motion was unanimously approved. Mr. Dolan, General Manager-Chief Engineer, stated that a comprehensive presentation on the District web page was made at a recent Board Meeting. At the last Board Meeting, the subject of Board-related information on the web page was raised. The Board requested an opportunity to discuss this matter and provide guidance to staff. Mr. Dolan introduced Ms. Harriette Heibel, Community Education Officer, who provided samples of Board- related information from other public agencies. Ms. Heibel proposed that a list of Board Members and District staff, the Board Meeting agenda, and the Board Meeting action summary be included in the Board section of the District's web page initially. Additional items can be added in the future as appropriate. A discussion followed in which Member Hockett stated that Board Member names should not be included in the District's web page and Members Nejedly and Lucey stated that Board Member names should be included as ratepayers are entitled to know who the Board Members are. Following discussion, it was the opinion of the majority of the Board to proceed with the staff proposal to include a list of Board and staff members with their District telephone numbers, the Board Meeting agenda, and the Board Meeting action summary. Mr. Dolan, General Manager-Chief Engineer, distributed a Special District Board Management Institute flyer on a two-day workshop in July 1997. Mr. Dolan stated that some favorable reviews were received from those attending a similar workshop last February. Perhaps one or all of the Board Members may be interested in attending. Mr. Dolan, General Manager-Chief Engineer, announced that the District has received a cross complaint in the matter entitled Vernon D. Paulson, et ai, v. Board of Retirement of the Contra Costa County Employees Retirement Association, et al. The Board will be briefed in closed session at a future Board Meeting. Mr. Dolan, General Manager-Chief Engineer, announced that the months of March, April, and May have been very busy for the Board and staff. During that time period there have been 21 Board Meetings, Board Workshops, and Board Committee Meetings. b. COUNSEL FOR THE DISTRICT None c. SECRETARY OF THE DISTRICT None d. BOARD MEMBERS 1 ) 05 Member Hockett reported on the May 29, 1997 Central Contra Costa Solid Waste Authority (CCCSWA) meeting. Member Nejedly was welcomed as a new CCCSWA member. Topics of discussion at the meeting included review of the budget for the coming year, consideration of adding an 97 161 additional staff person, commercial recycling, and renewal of contracts for services supported by CCCSWA. Member Hockett reported that the City of Walnut Creek has decided to eliminate its 5 percent franchise fee for commercial recyclers. 2) Member Hockett reported on the May 22, 1997 Sanitation and Water Agencies of Contra Costa County meeting at which Mr. Greg Zlotnick, Interim Public Affairs Officer of the CALFED Bay-Delta Program, provided an overview of program activities. A summary of that meeting was distributed. 3) Member Nejedly reported that the Ad Hoc Committee on the Process for Selecting Labor Counsel met on June 4, 1 997. Based on the information submitted in response to the request for Statements of Qualifications, the Committee recommends four firms for further evaluation. Member Lucey made a public disclosure that he receives deferred salary and consultant salary from the Corbett and Kane firm. Member Lucey stated that he asked the Corbett and Kane firm if they would consider withdrawing to prevent any real or perceived conflict of interest. The Corbett and Kane firm has sent a letter withdrawing from further consideration. Member Lucey thanked them for that. With regard to the selection process, Member Lucey suggested that the Board defer selection of labor counsel for 60 day since the District is in the middle of a dispute with Local 1. Following discussion, it was the consensus of the majority of the Board to delay the process for selection of labor counsel. 4) President Menesini proposed that Member Lucey replace former Member Rainey on the following committees: the Personnel Committee; the Recycled Water Committee; and as liaison to the City of Orinda and Town of Moraga. Member Lucey stated that he would be happy to serve on those committees. 5) President Menesini reported that the efforts of the Friends of the San Francisco Bay Estuary are currently focused on the Master Plan for the Delta (CCMP) and oversight of the use of fines (Administrative Civil Liabilities) for projects to benefit the environment. 6) Member Lucey reported that he attended the May 30-31, 1997 California Association of Sanitation Agencies meeting. Member Lucey thanked Members Hockett and Menesini for their assistance to him at that meeting and for the information provided by President Menesini on terms, agencies, groups, and organizations relating to the wastewater industry. 9. BREAK At 4:50 p.m., President Menesini declared a recess, reconvening at the hour of 5:03 p.m. with all parties present as previously designated. 10. ENGINEERING ADOPT THE FINDINGS OF THE PROPOSITION 21 8 COMPLIANCE REPORT a. Mr. Dolan, General Manager-Chief Engineer, stated that a complete position paper and report have been presented for the Board's consideration. This report was prepared to determine the applicability of Proposition 218 to the District's current revenue sources and documents the District's compliance with Proposition 218 criteria. It was moved by Member Hockett and seconded by Member Lucey, that the findings of the Proposition 218 Compliance Report be adopted to document the District's compliance with Proposition 218. There being no objection, the motion was unanimously approved. 06 05 97 162 b. ORDER COMPLETION OF DISTRICT ANNEXATION 137, WINDEMERE RANCH BOUNDARY REORGANIZATION. SAN RAMON AREA This item was taken out of order earlier in the agenda. c. AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AMENDMENT TO AN EXISTING AGREEMENT WITH G. S. DODSON AND ASSOCIATES TO COMPLETE THE DESIGN OF THE LIME INJECTION SYSTEM IMPROVEMENTS PROJECT (DP 7169) . Mr. Dolan, General Manager-Chief Engineer, stated that from time to time he has reported on the various ways District employees have found to cut expenses. This is another example. Employees have gone through the thought process of how to improve the design and safety of the lime injection system. It is now recommended that the Board authorize approval of the contract to complete the changes to the design. Following discussion, it was moved by Member Boneysteele and seconded by Member Hockett, that the General Manager-Chief Engineer be authorized to execute an amendment in the amount of $36,000 to the existing agreement with G. S. Dodson and Associates to complete the design of the Lime Injection System Improvements Project (DP 7169). There being no objection, the motion was unanimously approved. APPROVAL OF MINUTES MINUTES OF REGULAR MEETING OF MAY 15. 1997 a. b. MINUTES OF ADJOURNED REGULAR MEETING OF MAY 1 7. 1997 c. MINUTES OF ADJOURNED REGULAR MEETING OF MAY 20. 1997 It was moved by Member Boneysteele and seconded by Member Nejedly, that the minutes of the Regular Meeting of May 15, 1997, the minutes of the Adjourned Regular Meeting of May 17, 1997, and the minutes of the Adjourned Regular Meeting of May 20, 1997, be approved as presented. There being no objection, the motion was unanimously approved. APPROVAL OF EXPENDITURES EXPENDITURE LIST DATED JUNE 5. 1997 a. It was moved by Member Nejedly and seconded by Member Boneysteele, that the Expenditure List dated June 5, 1997, including Self-Insurance Check Nos. 101308- 101319, Running Expense Check Nos. 103648-104007, Sewer Construction Check Nos. 18416-18499, and Payroll Check Nos. 45460-45726, be approved as recommended. There being no objection, the motion was unanimously approved. 13. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 14. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS Suggestions for future agenda items included a site visit to the Dougherty Valley, a site visit to the Headworks Facilities Enhancements Project, an Outfall Diffuser Project Update, a closed session update on the Paulson v. Retirement Board matter, and further clarification of the rebate issue pertaining to Contractual Assessment Districts. 15. 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 06 05 97 163 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, Labor Counsels Dan Clinton and Tim Emert, and Secretary of the District Joyce Murphy, and the pertinent employee organizations are the Central Contra Costa Sanitary District Employees' Association Public Employees' Local No.1, the Management Group, and Paul Morsen, as an individual. b. EXISTING LITIGATION The closed session to discuss existing litigation was held 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: 1 0 p.m., President Menesini declared the closed session to discuss labor negotiations pursuant to Government Code Section 54957.6 and existing litigation pursuant to Government Code Section 54956.9(a) as noted above. At 6:25 p.m., President Menesini concluded the closed session and reconvened the meeting into open session. 16. REPORT OF DISCUSSIONS IN CLOSED SESSION Mr. Dolan, General Manager-Chief Engineer, announced settlement with Gilbralter and Prudential Reinsurance Company in the amount of $80,000 with regard to the Acme Landfill Corp. v. Althin CD Medical, Inc., CCCSD, et ai, matter, U.S. District Court No. C91-4268 SBA. 1 7. ADJOURNMENT There being no further business to come before the Board, President Menesini adjourned the meeting at the hour of 6:27 p.m., to reconvene at 6:00 p.m. on Tuesday, June 10, 1997, at 1250 Springbrook Road, Walnut Creek, California, for an Adjourned Regular Meeting to discuss labor negotiations pursuant to Government Code Section 54957.6. -4tÚr(; 1L ~~. President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: S r t y of the Central Con a Co a anitary District, Cou y of Contra Costa, State of California 06 05 97