Loading...
HomeMy WebLinkAboutBOARD MINUTES 02-15-96 29 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON FEBRUARY 15, 1996 The District Board of the Central Contra Costa Sanitary District convened in regular session at its regular place of meeting, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 2:00 p.m. on February 15, 1996. President Menesini called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Rainey, Hockett, Boneysteele, Menesini ABSENT: Members: Dalton Member Dalton had advised staff that he would be unable to attend this meeting and had requested that he be excused. 2. PUBLIC COMMENTS None 3. AWARDS AND COMMENDATIONS a. PRESENTATION OF CALIFORNIA WATER ENVIRONMENT ASSOCIATION. SAN FRANCISCO BAY SECTION. COLLECTION SYSTEM PERSON OF THE YEAR AWARD TO DANTE MARCHETTI. MAINTENANCE CREW LEADER Mr. Roger J. Dolan, General Manager-Chief Engineer, introduced Mr. Dante Marchetti, Maintenance Crew Leader, who was awarded the California Water Environment Association (CWEA), San Francisco Bay Section, Collection System Person of the Year Award. Mr. Dolan stated further that this year the San Francisco Bay Section of the CWEA recognized a number of other Central San people. Ms. Jonalea Ostlund, Chemist II, was nominated for the Laboratory Person of the Year Award, and Mr. Paul Louis, Maintenance Supervisor, was selected as a nominee for the Collection System Award given at the State level. Mr. Jade Sullivan, Assistant Engineer, was a member of the Awards Committee, and Ms. Lynne Putnam, Senior Engineer, and Mr. John Larson, Collection System Operations Department Manager, are Directors of the Association. Mr. Dolan stated that the District is very proud of all of the Central San participants. Mr. Dolan introduced Mr. John Larson, Director of CWEA, who stated that CWEA has 7,000 member organizations statewide. Each year CWEA goes through a process of winnowing down to the best of the best, giving peer awards from the local to the state level. Mr. Dante Marchetti, Maintenance Crew Leader, was selected by his peers throughout the State to receive the Collection System Person of the Year Award for the San Francisco Bay Section. Mr. Larson read excerpts from the nomination papers, highlighting Mr. Marchetti's contributions and commitment particularly in his active roles on the District Safety Committee and the Crew Leaders Committee. Mr. Larson presented the CWEA, San Francisco Bay Section, Collection System Person of the Year Award to Mr. Marchetti and congratulated him on his contributions to CWEA and to the District. President Menesini commended Mr. Marchetti on the well deserved recognition and the vote of confidence in Mr. Marchetti's abilities expressed by his peers. 4. CONSENT CALENDAR Following discussion, it was moved by Member Hockett and seconded by Member Rainey, that the Consent Calendar consisting of Items a. through s. excluding Item 0., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. Item o. was deleted from the agenda as it was a duplication of Item e. 02 15 96 30 a. Resolution No. 96-037 accepting work and Offers of Dedication from Town of Danville and Danville Community Development Agency, Job 5030, Parcel Nos. 2 and 3, was adopted and recording was authorized. Motion approved on the following vote: AYES: Members: Hockett, Rainey, Boneysteele, Menesini NOES: Members: None ABSENT: Members: Dalton b. Resolution No. 96-038 accepting work and Offers of Dedication from Charlotte Wood Developers, loP., Job 5030, Parcel No.4, was adopted and recording was authorized. Motion approved on the following vote: AYES: Members: Hockett, Rainey, Boneysteele, Menesini NOES: Members: None ABSENT: Members: Dalton c. Resolution No. 96-039 accepting work and Offers of Dedication from J. Richard Lombardi, Job 5049, Parcel 2, was adopted and recording was authorized. Motion approved on the following vote: AYES: Members: Hockett, Rainey, Boneysteele, Menesini NOES: Members: None ABSENT: Members: Dalton d. Resolution No. 96-040 accepting work and Offers of Dedication from Vesko Properties, Job 5055, Parcel 1, was adopted and recording was authorized. Motion approved on the following vote: AYES: Members: Hockett, Rainey, Boneysteele, Menesini NOES: Members: None ABSENT: Members: Dalton e. Resolution No. 96-041 accepting work and Offers of Dedication from Braddock and Logan Group, Job 5084, Parcel 2, was adopted and recording was authorized. Motion approved on the following vote: AYES: Members: Hockett, Rainey, Boneysteele, Menesini NOES: Members: None ABSENT: Members: Dalton f. Resolution No. 96-042 accepting work and Offers of Dedication from Cherry Lane Associates, Job 5074, Parcel 1, was adopted and recording was authorized. Motion approved on the following vote: O"i - ,-'" . . r¥!.~' ~Ií! CIIr'" 1. ~ 9 ,£'PI ;0 31 AYES: Members: Hockett, Rainey, Boneysteele, Menesini NOES: Members: None ABSENT: Members: Dalton g. Resolution No. 96-043 accepting work and Offers of Dedication from Mark and Eileen Frohnen, Job 5029, Parcel 1, was adopted and recording was authorized. Motion approved on the following vote: AYES: Members: Hockett, Rainey, Boneysteele, Menesini NOES: Members: None ABSENT: Members: Dalton h. Resolution No. 96-044 accepting work and Offers of Dedication from Clark R. White, Job 5029, Parcel 2, was adopted and recording was authorized. Motion approved on the following vote: AYES: Members: Hockett, Rainey, Boneysteele, Menesini NOES: Members: None ABSENT: Members: Dalton i. Resolution No. 96-045 accepting work and Offers of Dedication from Robert J. and Cynthia L. Nichols, Job 5029, Parcel 3, was adopted and recording was authorized. Motion approved on the following vote: AYES: Members: Hockett, Rainey, Boneysteele, Menesini NOES: Members: None ABSENT: Members: Dalton j. Resolution No. 96-046 accepting work and Offers of Dedication from Gary and Nancy M. Wincott, Trustees, Job 5029, Parcel 3A, was adopted and recording was authorized. Motion approved on the following vote: AYES: Members: Hockett, Rainey, Boneysteele, Menesini NOES: Members: None ABSENT: Members: Dalton k. Resolution No. 96-047 accepting work and Offers of Dedication from Calvin F. and Jeanette C. York, Job 5029, Parcel 4, was adopted and recording was authorized. Motion approved on the following vote: AYES: Members: Hockett, Rainey, Boneysteele, Menesini NOES: Members: None ABSENT: Members: Dalton 0 Ié~).'. . ~ 15 96 32 I. Resolution No. 96-048 accepting work and Offers of Dedication from Robert J. and Cynthia L. Nichols, Job 5029, ParcelS, was adopted and recording was authorized. Motion approved on the following vote: AYES: Members: Hockétt, Rainey, Boneysteele, Menesini NOES: Members: None ABSENT: Members: Dalton m. Resolution No. 96-049 accepting work and Offers of Dedication from Bryan L. and Susan L. Draper, Job 5029, Parcel 6, was adopted and recording was authorized. Motion approved on the following vote: AYES: Members: Hockett, Rainey, Boneysteele, Menesini NOES: Members: None ABSENT: Members: Dalton n. Resolution No. 96-050 accepting work and Offers of Dedication from Irving and Pauline Abrams, Job 5029, Parcel 7, was adopted and recording was authorized. Motion approved on the following vote: AYES: Members: Hockett, Rainey, Boneysteele, Menesini NOES: Members: None ABSENT: Members: Dalton o. p. This item was deleted from the agenda as it was a duplication of Item e. Quitclaim Deeds for the Recycled Water Pipeline Project, DP 7164, Lafayette and Moraga areas, were approved to Herman Morris, et ux, Richard Kamrath, et ux, and Edgar F. Larson, et ux; 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 Nos. 96-051. 96-052. and 96-053 were adopted to that effect. Motion approved on the following vote: AYES: Members: Hockett, Rainey, Boneysteele, Menesini NOES: Members: None ABSENT: Members: Dalton q. The assignment of three easements from Shell Pipeline Corporation was accepted, the President of the District Board of Directors and the Secretary of the District were authorized to accept and record said easements, and Resolution Nos. 96-054 and 96-055 were adopted to that effect. Motion approved on the following vote: o. . ...~"';~ '>. fr ... ~~¡' ìð íIi'-~ .l~ ~)6 33 AYES: Members: Hockett, Rainey, Boneysteele, Menesini NOES: Members: None ABSENT: Members: Dalton r. The contract work for the Treatment Plant Roof Replacement Phase I, DP 6098, was accepted and the filing of the Notice of Completion was authorized. Motion approved on the following vote: AYES: Members: Hockett, Rainey, Boneysteele, Menesini NOES: Members: None ABSENT: Members: Dalton s. Resolution No. 96-056 was adopted, authorizing application for reclamation loan funds from the California State Water Resources Control Board, Water Reclamation Loan Program. Motion approved on the following vote: AYES: Members: Hockett, Rainey, Boneysteele, Menesini NOES: Members: None ABSENT: Members: Dalton 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None 6. BIDS AND AWARDS a. AUTHORIZE AWARD OF A CONTRACT TO SUBTRONIC CORPORATION FOR LOCATING SANITARY SEWER MAINS AND SIDE SEWERS Mr. Dolan, General Manager-Chief Engineer, stated that this is one of several contracts that would allow the District the flexibility of using a competitive bidding process for establishing a unit price for services thus obtaining a lower overall cost and significantly reducing the paperwork associated with negotiating and issuing separate contracts. It was moved by Member Rainey and seconded by Member Hockett, that award of a contract be authorized to Subtronic Corporation, the lowest responsible bidder, for providing sanitary sewer and side sewer locating services. There being no objection, the motion was approved with Member Dalton being absent. b. AUTHORIZE AWARD OF PURCHASE ORDER TO CYBEREX AND AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO ALLOCATE $85.000 FROM THE TREATMENT PLANT PROGRAM CONTINGENCY ACCOUNT FOR THE PURCHASE OF A REDUNDANT CASCADE UNINTERRUPTIBLE POWER SOURCE Mr. Dolan, General Manager-Chief Engineer, stated that the Board will recall from past Board actions related to this matter, that this has been a difficult project because the changes in uninterruptible power supply (UPS) technology increases the number of batteries required, making it impossible for the potential bidders to comply with the District's space requirements. At this time, staff has a workable facility design at what staff believes to be a fair market price. The UPS unit is a very important item and must be replaced before there is a failure. Following discussion, it was moved by Member Boneysteele and seconded by Member Rainey, that it be declared that no responsive bids were received; that award of a O. ~).¡~ Iv 15 96 34 negotiated contract be authorized to Cyberex in the amount of $91,635.93 for DP 6110, the Redundant Cascade Uninterruptible Power Supply; and that the General Manager-Chief Engineer be authorized to allocate $85,000 from the Treatment Plant Program Contingency Account for DP 6110. There being no objection, the motion was approved with Member Dalton being absent. c. AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH LABORATORY MICROSYSTEMS, INCORPORATED FOR A LABORATORY INFORMATION MANAGEMENT SYSTEM (LlMS). DP 6107 Mr. Dolan, General Manager-Chief Engineer, stated that this is a milestone event in the continuing computerization of District operations. Mr. Dolan introduced Mr. Phil Snyder, Senior Chemist, who described the multi-user computer system, Laboratory Information Management System (LlMS), which will automate Laboratory operations and provide District-wide technical information retrieval. Mr. Snyder stated that LlMS will increase Laboratory efficiency by reducing required paperwork and manual data transfer, and will save time and money by making better use of resources and enhancing Laboratory management tasks. Mr. Snyder provided an overview of Laboratory operations describing the workload and laboratory sample management and compared the current process to Laboratory operations with LlMS. Mr. Snyder reviewed the cost breakdown of the proposed project which totals $300,000 including software and hardware purchase and installation, training, and project management. Citing a 1992 Water Environment Federation Study by EMA, Mr. Snyder projected increases in the number of tests that can be run after the implementation of LlMS and anticipated cost savings to the District. Discussion followed with regard to storage and protection of data, the potential for off-site access to the system, maintaining the physical integrity of stored data, training for Laboratory personnel, and the projected savings to the District. It was moved by Member Rainey and seconded by Member Hockett, that the General Manager-Chief Engineer be authorized to execute an agreement with Laboratory MicroSystems, Incorporated, for the purchase and installation support for a Laboratory Information Management System. There being no objection, the motion was approved with Member Dalton being absent. 7. REPORTS GENERAL MANAGER-CHIEF ENGINEER a. 1 ) Mr. Dolan, General Manager-Chief Engineer, reported that the Household Hazardous Waste Project is on schedule and moving forward. There is a strong sense of urgency to get this facility up and running as soon as possible. Greenfield Environmental Services has completed the recommended operating plan and Emcon has prepared some layouts showing the recommended location and floor plan for the facility. Although discussions are proceeding, the final operating plan including staffing and internal management arrangements is still flexible. Mr. Dolan introduced Mr. Don Berger, Associate Engineer and Project Manager, who provided an overview of the Operations and Staffing Plans for the Household Hazardous Waste Collection Facility (HHWCF). Mr. Berger described the composition of the waste stream expected at the facility, the household hazardous waste management hierarchy, a typical day's operations, and the proposed work schedule and operating hours. Mr. Berger discussed proposed staffing levels, position requirements, and salary ranges. Annual operations costs for the HHWCF are estimated to be $440,000 including staffing and training, hauling and disposal, and supplies, equipment, maintenance, utilities, and miscellaneous items. The District's share of the annual operations costs will be $304,000 corresponding to $2- $ 3 per year on the Sewer Service Charge. Mr. Berger reviewed the proposed project schedule, anticipating operations to begin in the March 1997 to August 1997 time frame. ('" """ ~ I,;,Y jl ¡:~! 1 ~v .~ .J. if...i 9() 35 Mr. Berger stated that there has been good community acceptance of the proposed project. A Negative Declaration will be used. As soon as the Negative Declaration is finished, a Land Use Permit can be secured from Contra Costa County. Final design and construction will then commence. Mr. Berger reviewed the preliminary site plan and floor plan for the facility. The original plan was to use an existing metal building; however, it has been determined that there is no cost advantage for using that building and there would be benefits to traffic flow by taking it down and siting a new building to the side. It is planned to landscape around the facility and on the corner, irrigating with recycled water. Discussion followed with regard to the requests of the neighbors in the Blum Road area with regard to landscaping, sidewalks, and limits on truck traffic. Mr. Berger stated that efforts are underway to address each of these concerns. President Menesini thanked Mr. Berger for his report. 2) Mr. Dolan, General Manager-Chief Engineer, stated that at a recent Board Meeting President Menesini suggested that the District consider undertaking a presentation to the Pleasant Hill City Council expressing appreciation for the City's cooperation during the construction of the Pleasant Hill Relief Interceptor Project. If the District bids Phase 4 this spring, the project should be completed by Fall 1996. Following discussion, it was the consensus of the Board that staff proceed with plans for a presentation at the Pleasant Hill City Council Meeting to coordinate with the completion of Phase 4 of the Pleasant Hill Relief Interceptor Project. President Menesini indicated a willingness to participate. 3) Mr. Dolan, General Manager-Chief Engineer, discussed issues with regard to the Orinda-Moraga Disposal Service, Inc. (OMDS): fraud, failure to pay franchise and legal impound fees. While the Board will provide direction to staff and District Counsel in closed session, there is a point requiring clarification in open session. Mr. Dolan stated that the press has done an excellent job of reporting this issue; however, one point has been missed. The District has required opinion audits from OMDS. These are independent audits conducted by Eckhoff Accountancy under the rules of the Association of Independent Certified Public Accountants (AICPA). The District has been advised by Eckhoff Accountancy that they inquired of Mr. Doug Lomow if he had an affiliated party relationship with at least one of the dummy corporations and they were told no. The District will be pursuing this issue further with Eckhoff Accountancy. These audits have been required under the terms of the franchise agreement since 1986 and prior to that time by mandate of the Board of Directors. Financial statements are audited on a calendar year basis and provided to the District in the March/April time frame. They were used as source documents for the rate review used by the District in setting rates. The Hemming Morse audit is not an AICPA opinion audit. It is an investigatory audit which is being conducted to get to the bottom of the conflicting claims of a needed rate increase versus OMDS's proposal to the City of Orinda and that Town of Moraga for a substantial rate reduction. Mr. Kenton L. Aim, Counsel for the District, stated that in looking at the whole picture in years prior to 1994 when it was clear that OMDS was going to have a year-end audit and rate review, OMDS altered the backup material. After that time when it was not expected that there would be a year-end audit and rate review, that care was not taken and in some cases the backup material has not been made available. 4) Mr. Dolan, General Manager-Chief Engineer, commended Mr. Kenton L. Aim, Counsel for the District, on his outstanding efforts on behalf of the District and its ratepayers on so many solid waste fronts. He has been very busy and accomplished a great deal. It is appreciated. 02 15 96 36 5) Mr. Dolan, General Manager-Chief Engineer, announced that the District has an entry in the Environmental Achievement Awards Program sponsored by the Boy Scouts of America. There will be a dinner on February 29, 1996 to recognize Environmental Achievement Award winners. All those interested are encouraged to attend. b. COUNSEL FOR THE DISTRICT 1 ) 2) Mr. Kenton L. Aim, Counsel for the District, provided an update on the solid waste franchising transition documents between the Cities of Orinda and Lafayette, the Towns of Danville and Moraga, and the District. An agreement has been drafted and a meeting was held to review it with staff of the Cities and Towns. Mr. Aim highlighted elements of the draft agreement and indicated that the Cities and Towns have suggested that there be two agreements: one between the District and Cities/Towns; and one between the District and the Central Contra Costa Solid Waste Authority to ensure that there will be no misunderstanding in future years if the participants change and the District is no longer a member of the Authority. Mr. Aim, Counsel for the District, distributed and discussed the proposed amendment to the Central Contra Costa Solid Waste Authority Joint Powers Agreement to facilitate membership of the District and Cities and Towns on the Authority. While this amendment is not required since the District is a charter member of the Authority, there were certain issues with regard to financing 1:f1at were inconsistent with the District remaining on the Authority after the Cities and Towns had joined. The document now before the Board is a redraft of the document reviewed at the January 25, 1996 CCCSWA Board meeting. An example was inserted to help clarify the issue. Mr. Aim stated that under ordinary circumstances, all of the costs of the Authority will be funded through the franchise agreement. There are two circumstances where that might not occur. First, under those circumstances where the Authority could not meet its expenses through the franchise fee, there is an alternative provision whereby each member agency would pay according to its waste stream. A clarification was needed. The District would pay one pro rata share and the remainder of the agencies would divide the remaining cost up by waste stream. In the second circumstance, the same methodology would apply if there was some unfunded liability of the Authority. Absent something in the agreement, costs would be shared on a pro rata basis. If there was fault, the agency at fault would pay. Absent that, the previous example would apply. c. SECRETARY OF THE DISTRICT None d. BOARD MEMBERS 1 ) 2) ÎJ" ~ ~~.:ì ~. r-,¡,:J ~~ ~::; .1 Ilj Members Boneysteele and Menesini reported on the January 18-20, 1996 California Association of Sanitation Agencies (CASA) Meeting at which a number of significant issues were discussed including electric utility deregulation, contract operations for wastewater treatment operations, benchmarking, current disinfection practices, and source control practices, penalties, and monitoring. Member Rainey stated that an issue that will come before the Central Contra Costa Solid Waste Authority (CCCSWA) is the number of representatives per member agency appointed to CCCSWA. Discussion followed with regard to the optimum size for efficient operation and cost effectiveness. 96 37 8. TREATMENT PLANT BOARD ACCEPTANCE OF THE 1995 ANNUAL SELF-MONITORING PROGRAM REPORT a. President Menesini stated that the vigilance and monitoring of the District have served the public well. On behalf of the full Board, President Menesini commended staff on the outstanding report and record of accomplishment. It was moved by Member Boneysteele and seconded by Member Rainey, that the 1 995 Annual Self-Monitoring Program Report be accepted. There being no objection, the motion was approved with Member Dalton being absent. 9. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED FEBRUARY 15, 1996 Member Boneysteele, Chair of the Budget and Finance Committee, stated that he and President Menesini reviewed the expenditures and found them to be satisfactory. It was moved by Member Boneysteele and seconded by President Menesini, that the Expenditure List dated February 15, 1996, including Self-Insurance Check Nos. 101054- 101063, Running Expense Check Nos. 94524-94802, Sewer Construction Check Nos. 16714-16761, and Payroll Check Nos. 40927-41217, be approved as recommended. There being no objection, the motion was approved with Member Dalton being absent. 10. BUDGET AND FINANCE a. RECEIVE THE 1995-1996 OPERATIONS AND MAINTENANCE BUDGET REVIEW FOR THE SIX MONTHS ENDED DECEMBER 31. 1995. AND RECEIVE DECEMBER 1995 FINANCIAL STATEMENTS Ms. Deborah Ratcliff, Controller, stated that the variance explanations for the first six months of the fiscal year were provided in the agenda packet. Ms. Ratcliff summarized the results of the first six months of the fiscal year and projections through June 30, 1996. For the first six months ended December 31, 1995, Operations and Maintenance (O&M) revenues totaled $13,056,000 or $404,000 over budget, representing a. 3.2 percent favorable variance. At December 31, 1995, total O&M expenses were $13,198,000 or $697,000 under budget, representing a 5.0 percent favorable variance. Revenue over expense at December 31, 1995, was a negative $142,000 as compared to a six-month budgeted shortfall of $1,243,000 for a favorable variance of approximately $1,100,000. Ms. Ratcliff reported that it is projected that at June 30, 1996, revenues will be $28,245,000 compared to a budget of $28,076,000 for a favorable variance of $169,000 or 0.6 percent. It is projected that expenditures will be $27,525,000 as compared to the annual budget of $27,669,000 for a favorable variance of $144,000 or 0.5 percent. Revenue over expense is projected to be $ 719,000 as compared to a budget of $407,000 for a positive difference of $312,000. At June 30, 1996, it is projected that the reserve will be $ 6,889,000 as compared to a budget of $6,322,000 for a positive variance of $567,000. Ms. Ratcliff reviewed projected major variances in revenues and expenses for the fiscal year ended June 30, 1996. Ms. Ratcliff reported that the District's temporary investments were held in Treasury bills and Treasury notes, commercial paper, and the District's Local Agency Investment Fund (LAIF) account with interest rates ranging from 5.1 percent to 6.1 percent. The latest interest rate as of December 1995 was 5.38 percent. The average yield of the District's LAIF account through November 1995 was 5.8 percent. President Menesini declared that the 1995-1996 O&M Budget Review for the six months ended December 31, 1995 and the December 1995 Financial Statements were duly received. Oç~ ~ ].. ~ - ('~3 96 38 11. EMERGENCY SITUATIONS REQUIRING BOARD ACTION Mr. Dolan, General Manager-Chief Engineer, stated that leakage was detected at the north wall of the Orinda Crossroads Pumping Station on Sunday, February 11, 1996. Mr. Dolan described the location and condition of the area. An emergency situation exists. Immediate repair is necessary and funds are being expended to try to minimize the extent of the loss and the possibility of sewage overflows into populated and environmentally sensitive areas. Mr. Aim, Counsel for the District, advised the Board that an item may be added to the agenda based on a determination that an emergency exists and that such emergency arose after the agenda was published. Then, if the Board determines by a 4/5 vote that such is the case, this matter can be considered pursuant to Government Code Section 54954.2(bH1 ). Ms. Joyce Murphy, Secretary of the District, stated that because Monday, February 12, 1996 was a holiday, the agenda was posted and published on Friday, February 9, 1996. It was moved by Member Rainey and seconded by Member Boneysteele, that in accordance with Government Code Section 54954.2(bH 1), the Board of Directors of the Central Contra Costa Sanitary District determines that an emergency situation exists, as defined in Section 54956.5 of the Government Code. Motion approved on the following roll call vote: AYES: Members: Rainey, Boneysteele, Hockett, Menesini NOES: Members: None ABSENT: Members: Dalton Following discussion, it was moved by Member Rainey and seconded by Member Boneysteele, that to avoid public calamity arising from damage to the environment and to protect the public health and safety, exception to the public bidding standard is authorized and the General Manager-Chief Engineer is authorized to take all appropriate actions necessary to correct the situation including expenditure of funds. Motion approved on the following roll call vote: AYES: Members: Rainey, Boneysteele, Hockett, Menesini NOES: Members: None ABSENT: Members: Dalton 12. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS None 13. CLOSED SESSION a. SIGNIFICANT EXPOSURE TO LITIGATION Pursua~t 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 cf its Counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the District. b. EXISTING LITIGATION The closed session was held to discuss existing litigation pursuant to Government Code Section 54956.9(a). The title of the litigation discussed was CCCSD v. Orinda-Moraga Disposal Service, Inc., et ai, Contra Costa County Superior Court No. C96-00562. At 5:39 p.m., President Menesini declared the closed session to discuss litigation pursuant to Government Code Sections 54956.9(a) and (b) as noted above. At 6:08 p.m., Oç'~;, . I::;' _I 111\. -"'. !~-, (J. ,~ -. - 96 39 President Menesini concluded the closed session and reconvened the meeting into open session. 14. REPORT OF DISCUSSIONS IN CLOSED SESSION Mr. Aim, Counsel for the District, reported that on a 4/0 vote the Board of Directors authorized initial payment of $20,000 to Thomas R. and Linda S. Leonard in connection with an overflow occurring on their property at 41 Willow Creek Lane, Danville. 15. ADJOURNMENT There being no further business to come before the Board, President Menesini adjourned the meeting at the hour of 6: 1 0 p.m. I /í' // 4 ' I / / / /¡í?/ «(! l / ./. ' / .- /, /..' . .' /1/ (. ! . - ,.- ,-. ~-'--- /./ v: '// . Ý" . . .- l/ v President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: O~.') . kJ 15 96