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HomeMy WebLinkAboutBOARD MINUTES 10-21-93 208 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON OCTOBER 21, 1993 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 3 p.m. on October 21, 1993. In the absence of President Clausen, President Pro Tem Dalton called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Menesini, Hockett, Dalton ABSENT: Members: Rainey, Clausen Members Rainey and Clausen had indicated previously that they would be unable to attend this meeting and had requested that they be excused. 2. PUBLIC COMMENTS None 3. AWARDS AND COMMENDATIONS a. ADOPT RESOLUTIONS HONORING EMPLOYEE SERVICE AWARD RECIPIENTS DAVID ALLEN. ROBERT BAKER. HELEN BAUM(2ARTNER. ROBERT BOASE. JAME~ COE. STEVE COLBERG. ROBERT COLLINS. KURT DARNER. GREGORY DECHAMBEAUX. BHUPINDER DHALIWAL. PATRICK FISHER. YVONNE GRANZOTTO. MARJORIE GRIFFIN. KENNETH HARRISON. DONITA HOHENSTEIN. CLYDE LEE HOPKINS. WARREN KATCHMAR. WILLIAM KATSULERES. RONALD KLIMCZAK. JOHN LARSON. DANIEL MCCOWN. WILLIAM MCDOWELL. MOLLY MULLIN. JOYCE MURPHY. HAROLD NEWMAN. DIANE PERKINS. RODGER SMITH. PHIL SNYDER. MELVIN STRONG. THOMAS TRICE. GERALD WINTER. AND RALPH ZEIGER Mr. Roger J. Dolan, General Manager-Chief Engineer, announced that the Employee Service Award luncheon honoring employees with ten, fifteen, twenty, twenty-five, and thirty years of service will be held on November 17, 1993. At that luncheon, these employees will be recognized for their outstanding merit and years of service. It was moved by Member Menesini and seconded by Member Hockett, that Resolution No. 93-105 be adopted, honoring employee service award recipients David Allen, Robert Baker, Helen Baumgartner, Robert Boase, James Coe, Steve Colberg, Robert Collins, Kurt Darner, Gregory DeChambeaux, Bhupinder Dhaliwal, Patrick Fisher, Yvonne Granzotto, Marjorie Griffin, Kenneth Harrison, Donita Hohenstein, Clyde Lee Hopkins, Warren I'..atchmar, William Katsuleres, Ronald Klimczak, John Larson, Daniel McCown, William McDowell, Molly Mullin, Joyce Murphy, Harold Newman, Diane Perkins, Rodger Smith, Phil Snyder, Melvin Stro,'g, Thomas Trice, Gerald Winter, and Ralph Zeiger; that Resolution No. 93-106 be adoptttd, honoring Gerald Winter, Construction Inspector, for thirty years of service; that Resolution No. 93-107 be adopted, honoring William Katsuleres, Maintenance Crew Leader, for twenty-five years of service; that Resolution No. 93-108 be adopted, honoring David Allen, Shift Supervisor, for twenty years of service; that Resolution No. 93-109 be adopted, honoring James Coe, Associate Engineer, for twenty years of service; that Resolution No. 93-110 be adopted, honoring Robert Collins, Senior Construction Inspector, for twenty years of service; that Resolution No. 93-111 be adopted, honoring Yvonne Granzotto, Operations Support Supervisor, for twenty years of service; that Resolution No. 93-112 be adopted, honoring Marjorie Griffin, Administrative Secretary, for twenty years of service; that Resolution No. 93- .u.a be adopted, honoring Thomas Trice, Engineering Assistant, for twenty years of service; and that Resolution No. 93-114 be adopted, honoring Ralph Zeiger, Pump Station Supervisor, for twenty years of service. The motion was approved by unanimous consent. On behalf of the full Board, President Pro Dalton congratulated the employee service award recipients, stating that they are properly deserving of recognition. 10 21 93 209 4. CONSENT CALENDAR It was moved by Member Menesini and seconded by Member Hockett, 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. 93-11 5 accepting an easement at no cost to the District from Betty Seroy, Lafayette area, Job 4968, Parcel 4, was adopted and recording was authorized. Motion approved on the following vote: AYES: Members: Menesini, Hockett, Dalton NOES: Members: None ABSENT: Members: Rainey, Clausen b. Resolution No. 93-116 accepting an easement at no cost to the District from S. W. Bolinger, et UX, Lafayette area, Job 4968, Parcel 5, was adopted and recording was authorized. Motion approved on the following vote: AYES: Members: Menesini, Hockett, Dalton NOES: Members: None ABSENT: Members: Rainey, Clausen c. Resolution No. 93-11 7 accepting an easement at no cost to the District from F. T. Kosak, et ux, Lafayette area, Job 4968, Parcel 6, was adopted and recording was authorized. Motion approved on the following vote: AYES: Members: Menesini, Hockett, Dalton NOES: Members: None ABSENT: Members: Rainey, Clausen d. A public hearing date of November 18, 1993, at 3 p.m. was established for consideration of Annexation 125 as amended by the Local Agency Formation Commission (LAFCO). Motion approved on the following vote: AYES: Members: Menesini, Hockett, Dalton NOES: Members: None ABSENT: Members: Rainey, Clausen e. A Medical Leave of Absence Without Pay was authorized for Dennis Almond, Maintenance Crew Member II, through November 15, 1993. Motion approved on the following vote: AYES: Members: Menesini, Hockett, Dalton NOES: Members: None ABSENT: Members: Rainey, Clausen 10 21 93 210 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None a. 6. BIDS AND AWARDS EVALUATE BID BY RANGER PIPELINES. INC. TO CONSTRUCT THE PLEASANT HilL RELIEF INTERCEPTOR. DP 4879: CONSIDER AWARD TO LOWEST RESPONSIVE BIDDER: AND AUTHORIZE EXECUTION OF CONSULTING AGREEMENTS Mr. Dolan, General Manager-Chief Engineer, introduced Mr. Tad Pilecki, Senior Engineer, who stated that on October 5, 1993, eight bids for the Pleasant Hill Relief Interceptor Project were received and publicly opened. The bids ranged from a low of $14,168,948 to a high of $22,291,128. The adjusted engineer's estimate was $14 million, adjusted down from $18.3 million to reflect the current favorable bidding climate. Mr Pilecki stated that the Engineering Department proceeded with a technical and commercial evaluation of the bids. It was found that the experience information submitted by Ranger Pipelines, Inc., the apparent low bidder, as well as that from the next two bidders did not fully comply with a literal reading of certain experiential criteria set forth in the Proposal Forms. A bid protest letter addressing this issue was received from Contri Construction Company. Contri Construction has since decided not to pursue the protest any further and has withdrawn their protest. Mr. Pilecki stated that Ranger has met with District staff and provided additional information regarding the firm's experience and qualifications to do the work. After discussions with Ranger, District staff is satisfied that Ranger's key personnel assigned to the Pleasant Hill project have the experience and qualifications necessary to successfully complete the project. Ranger's bonding company, Casey and Company, and the pipe supplier, Ameron, have both written statements indicating that Ranger has the experience, qualifications, and financial wherewithal necessary to construct the project. In addition, Ranger owns several specialized pieces of equipment ideally suited for a project of the magnitude of the Pleasant Hill Relief Interceptor. Finally, in checking Ranger's references, all were impressed with Ranger's performance and ability to get the job done, and Ranger has successfully completed two other projects for the District in the past. Mr. Pilecki stated that based on the meetings with Ranger key personnel and the evaluation, staff recommends that award of contract be authorized to Ranger Pipelines, Inc. Discussion followed concerning the use of specialized pieces of equipment mentioned previously, the references checked, and the backing of the bonding company. Mr. Tom Hunt, President and sole owner of Ranger Pipelines, Inc., addressed the Board providing a brief history of the company which began in 1982 with one backhoe and two employees. Mr. Hunt stated that Ranger is now in a position to bid projects like the Pleasant Hill Relief Interceptor Project. The company has the financial resources, personnel, and equipment to successfully complete this project. Ranger is certified by the State of California to bid on projects up to $22 million and is a member of the Underground Contractors Association. Mr. Hunt reviewed the qualifications of the key employees and their responsibilities on this project. Mr. Hunt stated that he has worked successfully with District staff in the past and understands their commitment to quality control and safety and will continue that on this project. Mr. Hunt stated that Ranger looks forward to working with the District on this project and looks forward to successful completion of the project. Following discussion and evaluation of the bid submitted by Ranger Pipelines, Inc., it was moved by Member Menesini and seconded by Member Hockett, that the Contri Construction Company's bid protest be denied; that award of contract in the amount of $14,168,948 be authorized to Ranger Pipelines, Inc., as the lowest responsible bidder submitting a responsive bid; that staff be authorized to proceed with the 24-inch option for the recycled water pipeline subject to ratification at a future Board meeting; that the General Manager-Chief Engineer be authorized to execute consulting agreements with Montgomery Watson in the amount of $466,500 and with Woodward Clyde Consultants in the amount of $102,500; and that the General Manager-Chief Engineer be authorized to execute an amendment to an existing agreement with Contra Costa Water District for the relocation of an 8-inch water main. Motion approved on the following roll call vote: 10 21 93 211 AYES: Members: Menesini, Hockett, Dalton NOES: Members: None ABSENT: Members: Rainey, Clausen In response to a question from Member Menesini, Mr. Dolan provided an update on the status of discussions with Contra Costa Water District concerning the recycled water pipeline. Mr. Hunt thanked the Board and again repeated Ranger's commitment to the successful conclusion of this project both for the District and Ranger. At 3:38 p.m., President Pro Tem Dalton declared a recess, reconvening at the hour of 3:43 p.m. with all parties present as previously designated. 7. SOLID WASTE a. DETERMINATION OF BREACH AND ASSIGNMENT OF GARBAGE FRANCHISE AGREEMENT Mr. Dolan, General Manager-Chief Engineer, stated that a position paper laying out the basis of this breach of franchise issue has been presented to the Board. The District has a franchise agreement with Pleasant Hill Bayshore Disposal that requires that certain conditions be met, one of which is that any assignment of the franchise agreement can be made only with written consent of the District. Pleasant Hill Bayshore Disposal has failed to comply with that requirement. Browning Ferris Industries (BF ) came into the franchise aware of those conditions and has violated them as well. However, at this time there is little advantage to the public to be served by taking the franchise away from BFI because there is only a limited time remaining in the franchise, the public has not expressed dissatisfaction, and the County has expressed an interest in taking over this franchise before the termination of the current franchise agreement. The County's interest in assuming franchising authority has been discussed with the residents of Pacheco. Mr. Dolan recommended that a conditional assignment of the franchise be granted conditioned on continued satisfactory service to the public and compliance with the terms and conditions of the franchise. Member Menesini expressed concern that the franchisee simply disregarded the franchise agreement and suggested that they have given up their right to the franchise. It may be appropriate to suspend the franchise and open it to other bidders. Mr. Dolan stated that could be done. Pleasant Hill Bayshore Disposal has a history of ignoring the terms of the franchise agreement. Member Menesini stated that he is very concerned and angry about the franchisee ignoring the franchise, and rejecting this Board and the people who elected the Board. Mr. Kenton L. Aim, Counsel for the District, highlighted the chronology of events relating to the BFI acquisition of Pleasant Hill Bayshore Disposal, stating that Pleasant Hill Bayshore Disposal is franchised by several jurisdictions. By the time consent was requested from the District, the transaction had already been concluded. For that reason, staff believes there was a violation of that particular contract term. Mr. Tom Bruen, attorney representing Browning Ferris Industries, addressed the Board, describing the transaction between Pleasant Hill Bayshore Disposal and BF!. The transaction was put together in such a way that there was a relatively short period of time to get consent from all the franchising bodies. The District's consent was requested before the transfer. District staff's request for substantial information was a problem that BFI did not anticipate. BFI negotiated with District staff and it took some time to gather the information requested. Consent was received from the other franchising jurisdictions. A decision was made to transfer those franchises but not the Central Contra Costa Sanitary District franchise. BFI entered into an interim operating agreement with Pleasant Hill Bayshore Disposal until transfer of the District franchise was approved. Consent was requested on or before summer 1990. In response to a question from Mr. Dolan, Mr. Bruen stated that the interim operating agreement provided that Boyd Olney and Pleasant Hill Bayshore Disposal had use of the trucks and were legally responsible under the franchise. Mr. Bruen stated that there has been 100 percent compliance with the franchise. In customer satisfaction surveys conducted by the District, Pleasant Hill Bayshore Disposal was rated highest by customers. Pleasant Hill Bayshore Disposal tried to comply with the assignment of franchise provisions of the franchise agreement. 10 21 93 212 Mr. Paul Morsen, Deputy General Manager, stated that Pleasant Hill Bayshore Disposal was asked to answer the same questions with regard to assignment of the franchise as were asked of Valley Disposal Service and Orinda-Moraga Disposal Service. Both Valley and Orinda- Moraga complied in a timely way. At their request, Pleasant Hill Bayshore Disposal was given copies of that information. Member Menesini again expressed his concern that Pleasant Hill Bayshore Disposal and BFI have ignored the authority of this Board and the people the Board represents. Mr. Bruen stated that it was not BFI's intent to ignore the District's procedures. BFI did gather the information and tried to comply with the obligations in other jurisdictions and in the District. Mr. Bruen stated his understanding that the company has had a good relationship and provided good service since BFI took over the franchise in 1990. Mr. Bruen stated that it was not BFI's intent to ignore the District's procedures and requested the Board's consideration in assigning the franchise to BFI without condition. In response to Questions from Members Hockett and Menesini, Mr. Bruen stated that BFI intends to comply with the franchise agreement, and that BFI provided. a thorough response to the questions concerning assignment of the franchise. Mr. Bruen stated that in the future BFI will comply with data requests in a timely way. Messrs. Dolan and Aim stated that the issue currently before the Board is not the adequacy of the information provided but the fact that the transaction was completed without the consent of this District. Following discussion, it was moved by Member Hockett and seconded by Member Menesini, that having considered the circumstances concerning the purported assignment of the franchise, the Board finds that a breach of the franchise agreement by Pleasant Hill Bayshore Disposal has occurred; the Board determines that the District is considering termination of the franchise at this time, but will suspend such action conditioned upon the provision of acceptable service to the customers and compliance with all terms and conditions of the franchise during the remaining term of the franchise agreement; the Board determines that the District does not by these actions waive its rights under the terms of the franchise agreement to terminate the franchise; and District staff is authorized to draft an assignment agreement, subject to Board approval, setting forth the assignment from Pleasant Hill Bayshore Disposal, a sole proprietorship, to Pleasant Hill Bayshore Disposal, Inc., a wholly owned BFI subsidiary, conditioned upon the provision of acceptable service to the customers and compliance with all terms and conditions of the franchise during the remaining term of the franchise agreement. There being no objection, the motion was approved with Members Rainey and Clausen being absent. 8. ADMINISTRATIVE RECEIVE THE 1992-1993 ANNUAL REPORT OF THE DEFERRED COMPENSATION PLAN ADVISORY COMMITTEE a. Following discussion, it was moved by Member Menesini and seconded by Member Hockett, that the annual report of the Deferred Compensation Plan Advisory Committee for 1992-1993 be received. There being no objection, the motion was approved with Members Rainey and Clausen being absent. Member Hockett expressed her compliments to the Controller Deborah Ratcliff and the Deferred Compensation Plan Advisory Committee, stating that she appreciated the expertise that went into the annual report. a. 9. ENGINEERING APPROVE SETTLEMENT AGREEMENT AND RELEASE AND APPROVE AGREEMENT RELATING TO REAL PROPERTY WITH ELISE AND MICHAEL WOODS. 188 HALL DRIVE. ORINDA Following discussion of the terrain, the possibility of future problems, and the specific language in the settlement agreement and release, it was moved by Member Menesini and seconded by Member Hockett, that a Settlement Agreement and Release with Elise J. and Michael Woods concerning alleged damages to 188 Hall Drive, Orinda, be approved; that an Agreement Relating to Real Property with Elise J. and Michael Woods concerning 10 21 93 213 encroachments on the District's easement at 188 Hall Drive, Orinda, be approved; and that Resolution No. 93-118 be adopted to that effect. Motion approved on the following vote: AYES: Members: Menesini, Hockett, Dalton NOES: Members: None ABSENT: Members: Rainey, Clausen 10. CORRESPONDENCE a. NOTE RECEIPT OF LETTER DATED SEPTEMBER 23. 1993 FROM MR. HERMANN WELM. CHAIR OF THE TRI-VALLEY AFFORDABLE HOUSING COMMITTEE. REGARDING HOUSING AFFORDABILITY AND HOOK-UP CHARGES Mr. Dolan, General Manager-Chief Engineer, stated that this letter from the City of San Ramon's Affordable Housing Committee requests that the District consider giving a discount in connection fees for low income housing. In the past, it has been the District's position that connection fees are nominal, that they cover the cost of the service provided, and that everyone should pay their fair share. If the Board has no objection, a letter to that effect will be drafted. Mr. Aim, Counsel for the District, stated that there are special government regulations promulgated for grant holders, of which the District is one, directed at fair and equitable fees. Fees cannot be lowered unless certain criteria are met. It would be necessary to investigate this further if the Board did wish to consider allowing a discount for low income housing. It was the consensus of the Board that a letter be drafted stating the District's historic position in this regard and referencing the government regulations cited by Counsel for the District. b. NOTE RECEIPT OF LETTER DATED OCTOBER 4. 1993 FROM MR. BRUCE A. WESTPHAL. OF LAFAYETTE. COMPLIMENTING MR. DENNIS HALL. ASSOCIATE ENGINEER IN THE INFRASTRUCTURE DIVISION Receipt of the October 4, 1993 letter from Mr. Bruce A. Westphal complimenting Mr. Dennis Hall, Associate Engineer in the Infrastructure Division, for his outstanding efforts, was noted and staff was requested to draft a commendation to Mr. Hall from the President of the Board of Directors. c. NOTE RECEIPT OF LETTER DATED OCTOBER 8. 1993 FROM MS. JUDITH C. ERLER. OF DANVILLE. REGARDING VALLEY WASTE MANAGEMENT SERVICE COMPLAINT: CONSIDER DRAFT RESPONSE Following discussion, receipt of the October 8, 1993 letter from Ms. Judith C. Erler, of Danville, regarding a complaint concerning Valley Waste Management service was noted, and the draft response was approved. 11. APPROVAL OF MINUTES a. MINUTES OF ADJOURNED REGULAR MEETING OF SEPTEMBER 29. 1993 b. MINUTES OF REGULAR MEETING OF OCTOBER 7. 1993 Following discussion, it was moved by Member Menesini and seconded by Member Hockett, that the minutes of the Adjourned Regular Meeting of September 29, 1993 and the Regular Meeting of October 7, 1993, be approved as presented. There being no objection, the motion was approved with Members Rainey and Clausen being absent. 12. APPROVAL OF EXPENDITURES 8. EXPENDITURE LIST DATED OCTOBER 21. 1993 It was moved by Member Hockett and seconded by Member Menesini, that the Expenditure List dated October 21, 1993, including Self-Insurance Check Nos. 100743-100745, Running Expense Check Nos. 77991-78275, and Sewer Construction Check Nos" 13160-13224, be 10 21 93 214 approved as recommended. There being no objection, the motion was approved with Members Rainey and Clausen being absent. 13. BUDGET AND FINANCE RECEIVE THE AUDITED FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED JUNE 30. 1993 a. Ms. Deborah Ratcliff, Controller, stated that Maze and Associates, Certified Public Accountants, has completed its examination of the District's financial statements for the fiscal year ended June 30, 1993. Copies of the audited financials, the opinion letter, the management letter, and the result of the review of the District investment policy have been presented to the Board. Ms. Ratcliff reviewed the results of operations and maintenance revenues and expenses, reporting that actual revenues were $27,850,000, which is $668,000 less than budget, representing a 2.3 percent unfavorable variance. Actual expenses were $26,487,000, which is $1.022,000 less than budget, representing a 3.9 percent favorable variance. As a result, revenues over expenses of $1,363,000 were $354,000 higher than budget. Ms. Ratcliff stated that each year the auditors review the District's internal accounting controls and this year recommended that when District money over $1 00,000 is to be held in an escrow account that it be held by a depository which is in compliance with pooled collateral requirements on local government deposits and be set up as a Public Deposit Account. The District's only remaining escrow account is now below $100,000 and is therefore covered by the FDIC. However, a memo has been sent to all project managers informing them of the requirement to deposit escrow funds in a Public Deposit Account in the future. Ms. Ratcliff reported that the District's investment policy requires a performance evaluation every four years by its independent auditors to determine whether the investment objective of achieving a market-average rate of return is being realized. Maze and Associates reviewed the investment performance for the year and calculated the District's average rate of return to be 4.88 percent compared to the market-average rate of return of 2.99 percent. The District was successful in meeting its investment objectives. President Pro Tem Dalton declared that the audited financial statements for the fiscal year ended June 30, 1993 were duly received. b. RECEIVE SEPTEMBER 1993 FINANCIAL STATEMENTS Ms. Deborah Ratcliff, Controller, reviewed the results of operations and maintenance revenues for the quarter ended September 30, 1993, noting that actual operations and maintenance revenues of $1,255,000 were $99,000 greater than budget, representing an 8.6 percent favorable variance. Ms. Ratcliff reported that for the month of September 1993, operations and maintenance expenses of $5,876,000 were $1,092,000 less than budget, representing a 15.7 percent favorable variance. It is normal for first quarter expenses to appear more favorable than the budget due to the systemic delay in billing and payments. The District has taken steps to minimize this effect, but a limited bias still remains. At September 30, 1993, the District's Self-Insurance Fund revenues of $102,600 were virtually on budget. Actual Self-Insurance Fund expenses of $117,443 were $37,443 greater than budget, representing a 46.7 percent unfavorable variance. Ms. Ratcliff reported that the District's temporary investments were held in Treasury bills and Treasury notes and the District's Local Agency Investment Fund (LAIF) account with interest rates ranging from 3.7 percent to 6.2 percent. The average yield for the LAIF account through August 1993 was 4.47 percent. Mr. John Mercurio, Administrative Analyst, provided the Capital Improvement Program and Sewer Construction Fund Status Report for the first quarter ended September 30, 1993, reporting that Capital Improvement Budget revenues were $26.8 million and expenditures were $43.5 million for a net revenues under expenditure of $16.7 million. The Sewer Construction Fund balance at July 1, 1993 was $62 million. The Sewer Construction Fund balance at June 30, 1994 is projected to be $44.5 million. 10 21 93 215 President Pro Tem Dalton declared that the September 1993 Financial Statements were duly received. None a. 14. EMERGENCY SITUATIONS REQUIRING BOARD ACTION 15. REPORTS GENERAL MANAGER-CHIEF ENGINEER 1 ) Mr. Dolan, General Manager-Chief Engineer, stated that Member Menesini has provided staff with comments on the Home Composting Book. Mr. Dolan requested that discussion of the Home Composting Book be continued to a future Board Meeting to allow time for staff review of those comments. 2) Mr. Dolan stated that the Regulatory Compliance Report was provided to the Board. This document was produced pursuant to the Strategic Planning Workshop. Mr. Dolan reviewed the report highlighting "A" priority items. 3) Mr. Dolan announced that the District has administratively fined a furniture refinishing company, The Stripping Workshop, $5,000 for toxic organics discharges. The District is also in the process of fining a photographic film/plates processing company, First Image, a total of $10,000, for two separate administrative fines. 4) Mr. Dolan announced that Contra Costa County has asked to use a portion of the District's Kiewit property for drying silt and mud from the Walnut Creek Pacheco Creek channels. District staff is concerned about the possibility of hazardous materials, odors, and contamination of the site and has required that the material be tested. Mr. Dolan indicated that he would keep the Board apprised. 5) Mr. Dolan announced that the Committee for Water Policy Consensus is holding a symposium on water reclamation on November 19, 1993. The District has been asked to become a sponsor of the meeting. The cost would be $1,000. If the Board does not object, Mr. Dolan stated that he would authorize that sponsorship. Mr. Robert Baker, Deputy Chief Engineer, will participate on a panel. 6) Mr. Dolan announced that Mr. Munawar Husain, Associate Engineer, attended a conference on the latest developments in reinforced concrete design, construction, and inspection held in San Diego. This conference was budgeted at $430, but travel and lodging costs increased the actual cost to $846. Staff specially informs the Board of training events which significantly deviate from the budget when out-of-state travel or costs greater than $500 are involved. 7) Mr. Dolan announced that Mr. Charles W. Batts, Plant Operations Department Manager, will be travelling to Seattle, Washington, on November 3.5, 1993, to work on electric power efficiency and other projects. Expenses will be paid by the Electric Power Research Institute (EPRI). In response to questions from Member Menesini, Mr. Batts described the EPRI organization and the municipal water and wastewater projects. 8) Mr. Dolan announced that the new computer system is operating on several applications, including general ledger, accounts receivable, payroll, personnel, purchasing, and inventory. The old and the new systems are running in parallel at this time. 9) Mr. Dolan announced that Mr. Paul Morsen, Deputy General Manager, has met with the Clyde Improvement Association concerning their recycling program. When recycling programs were implemented in the District franchise areas, the community of Clyde requested and received authorization from the District to implement a drop off recycling program rather than a curbside recycling program. Mr. Morsen reported that participation in the drop off program has decreased. Staff would recommend that unless participation improves 10 93 21 216 significantly, a curbside recycling program be implemented in the community of Clyde in March 1994. b. COUNSEL FOR THE DISTRICT Mr. Kenton L. Aim, Counsel for the District, announced that at the last Board meeting, the Board authorized settlement of existing litigation entitled James Hessler, et al. v. Tracor Aerospace, Tracor/MBA, Central Contra Costa Sanitary District, et aI., U.S. District Court Action No. C91-02197.Settlement in the amount of $30,000 was authorized, of which the District will contribute a significant portion. Other details of the settlement included notice to homeowners concerning a possible pollution problem. c. SECRETARY OF THE DISTRICT Ms. Joyce E. Murphy, Secretary of the District, distributed the July-September 1993 Training/Conference Summary. Ms. Murphy noted that the summary report for the next quarter will be in the new format discussed with the Board in September 1993. d. BOARD MEMBERS Member Hockett reported on the October 13, 1993 District Recycling Advisory Committee meeting. Discussion at that meeting included updates on recycling program participation in the District franchise areas, the status of the County Household Hazardous Waste Recycling Program, and the ambiguity and lack of structure with regard to roles and responsibilities for solid waste management at the state and consequently the local level. Member Hockett questioned the need for this committee and suggested that it disband. It was the consensus of the Board that the Recycling Advisory Committee be allowed to disband. 16. ANNOUNCEMENTS None 17. CLOSED SESSION a. EXISTING LITIGATION The closed session was held to discuss existing litigation pursuant to Government Code Section 54956.9(a). The titles of the litigation discussed were Beth and James Maples v. Central Contra Costa Sanitary District, Contra Costa County Superior Court Nos. C91-00052 and C91-05376. b. SIGNIFICANT EXPOSURE TO LITIGATION Pursuant to Government Code Section 54956.9(b), a point has been reached where in the opinion of the Board of Directors of the Central Contra Costa Sanitary District on the advice of its Counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the District. c. 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. At 6:05 p.m., President Pro Tem Dalton declared the closed session to discuss litigation pursuant to Government Code Sections 54956.9(a), (b), and (c). At 6:56 p.m., President Pro Tem Dalton concluded the closed session and reconvened the meeting into open session. 18. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION None 10 21 93 217 19. ADJOURNMENT There being no further business to come before the Board, President Pro Tem Dalton adjourned the meeting at the hour of 6:56 p.m. resid of the Board of Directors, ral Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: LV . $e e ry of the Central C ntra C sta Sanitary District, County of Contra Costa, State of California 10 21 93