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HomeMy WebLinkAboutBOARD MINUTES 05-16-96 83 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON MAY 16, 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 May 16, 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 to be excused. Mr. Rodger Smith, retired District employee, addressed the Board relative to ongoing litigation against the District. 3. CONSENT CALENDAR Member Boneysteele requested that Item 3.c., amendment to right-of-way agreement with Pacific Gas and Electric Company, Job 7164, be pulled from the Consent Calendar for discussion. It was moved by Member Hockett and seconded by Member Rainey, that the Consent Calendar consisting of Items a. through f. excluding Item c., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. a. Resolution No. 96-085 accepting work and Offers of Dedication from Tassajara Village, L. P., Job 5093, 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 b. Quitclaim Deed to Shanti A. Vora, et ai, Job 878, Moraga area, was approved, the President of the Board of Directors and the Secretary of the District were authorized to execute and record said Quitclaim Deed, and Resolution No. 96-086 was adopted to that effect. Motion approved on the following vote: AYES: Members: Hockett, Rainey, Boneysteele, Menesini NOES: Members: None ABSENT: Members: Dalton c. Amendment to right-of-way agreement with Pacific Gas and Electric Company was pulled from the Consent Calendar for discussion. 05 16 96 84 d. The 1996-1997 Equipment Budget was approved for inclusion in the 1 996- 1997 District Budget to be adopted on June 6, 1996. Motion approved on the following vote: AYES: Members: Hockett, Rainey, Boneysteele, Menesini NOES: Members: None ABSENT: Members: Dalton e. Attendance by Curtis W. Swanson, Principal Engineer in the Infrastructure Division, was authorized at the American Society of Civil Engineers (ASCE) Pipeline Crossings Specialty Conference on June 16 through 19, 1996, in Burlington, Vermont, at a cost of $1,500. Motion approved on the following vote: AYES: Members: Hockett, Rainey, Boneysteele, Menesini NOES: Members: None ABSENT: Members: Dalton f. The hiring of 39 students for seasonal employment, ten students more than last year, was authorized. Motion approved on the following vote: AYES: Members: Hockett, Rainey, Boneysteele, Menesini NOES: Members: None ABSENT: Members: Dalton At this time, President Menesini proceeded to Item 3.c., amendment to right-of-way agreement with Pacific Gas and Electric Company (PG&E), Job 7164. Member Boneysteele expressed concern focusing on the five-year, non-use termination clause. Because of the experimental nature of the Recycled Water Project, the long developmental stage, and the location of the easement, Member Boneysteele expressed concern that the five-year, non-use termination clause may provide insufficient time. Member Boneysteele suggested instead that staff go back to PG&E and propose that if and when the District abandons the pipeline, the easement will be terminated. Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that Member Boneysteele's suggestion is a very good one. Staff had persuaded PG&E to increase the time allowance from one year to five with the hope that five years would be adequate even given that delays are predictable in this project. Staff felt the District would be in a good position to request an extension in the future if that should be necessary rather than reopening negotiations at this time. The original Shell easement had a one year utilization allowance which PG&E had never exercised. Staff expressed concerns about the time requirements to negotiate the suggested amendment with PG&E. Following discussion, Member Boneysteele deferred to staff's judgment in this matter. It was moved by Member Boneysteele and seconded by Member Rainey, that amendment to right-of-way agreement with Pacific Gas and Electric Company, Job 7164, easement rights for the Shell pipeline, be approved; that the General Manager-Chief Engineer be authorized to execute and record said amendment to right-of-way agreement; and that Resolution No. 96-087 be adopted to that effect. Motion approved on the following vote: 05 '"\11,' 6 .1 96 85 AYES: Members: Boneysteele, Rainey, Hockett, Menesini NOES: Members: None ABSENT: Members: Dalton Mr. Dolan thanked Member Boneysteele for his insight, stating that staff will not raise the issue with PG&E unless it becomes a problem in the future. 4. HEARINGS b. CONDUCT A PUBLIC HEARING ON THE DRAFT FISCAL YEAR 1996-1997 CAPITAL IMPROVEMENT BUDGET (CIB)/DRAFT 1996 TEN-YEAR CAPITAL IMPROVEMENT PLAN (CIPL APPROVE THE 1996 CIP. AND APPROVE THE CIB FOR INCLUSION IN THE 1996-1997 DISTRICT BUDGET CONDUCT PUBLIC HEARINGS TO RECEIVE PUBLIC COMMENT ON THE 1996- 1 997 OPERATIONS AND MAINTENANCE BUDGET AND THE SELF-INSURANCE FUND BUDGET AND FOR THE ESTABLISHMENT OF THE 1996-1997 SEWER SERVICE CHARGE RATE AND TO ADD AN $86 SEWER SERVICE CHARGE INCREMENT FOR CUSTOMERS SERVED BY LAWRENCE ROAD PUMPING STATION AND ON PLACING THE SEWER SERVICE CHARGES ON THE COUNTY TAX ROLL FOR COLLECTION a. President Menesini stated that three separate public hearings will be conducted. The purpose of the three hearings will be to obtain public comment regarding approval of the 1996-1997 Capital Improvement Budget/1996 Ten-Year Capital Improvement Plan, approval of the 1996-1997 Operations and Maintenance (O&M) Budget and Self-Insurance Fund Budget, establishment of the 1996-1997 Service Charge rates, and collection of the 1 996-1997 Sewer Service Charges on the County tax roll. Mr. Dolan, General Manager-Chief Engineer, introduced Mr. Jarred Miyamoto-Mills, Principal Engineer, who presented an overview of the Capital Improvement Budget (CIB) and Ten-Year Capital Improvement Plan (CIP). Mr. Miyamoto-Mills stated that the Draft CIB/CIP was first presented to the Board for review on March 19, 1996 and reviewed with the Board in a Capital Projects Committee/Board Workshop on April 2, 1996. The draft document distributed on May 14, 1996 is essentially the same except that maps have been included. Mr. Miyamoto-Mills stated that the Ten-Year CIP envisions $195.8 million in expenditures over the next ten years. This year for the first time the Recycled Water Program has been separated from the Treatment Plant, Collection System and General Improvements Programs. Mr. Miyamoto-Mills summarized the projected 1996-1997 CIP revenue and expenditures, noting that revenues are budgeted at $20,985,000 and expenditures total $28,848,000 including $2.2 million debt retirement. The Sewer Construction Fund balance at June 30, 1997 is projected to be $15,804,000. Mr. Miyamoto-Mills reviewed the top ten projects in terms of projected expenditures for the next fiscal year. It is estimated that $15,432,000 will be carried over from 1995-1996 to the coming fiscal year. Board approval of the CIB will authorize additional funding of $29,462,000, for a total authorization in 1996-1997 of $44,894,000. Staff recommends that the Board approve the 1996 Ten-Year Capital Improvement Plan and approve the 1996-1997 Capital Improvement Budget for inclusion in the 1996-1997 District Budget. At 2:38 p.m., President Menesini opened the public hearing to receive public comment on the 1996 Ten-Year Capital Improvement Plan and the 1996-1997 Capital Improvement Budget. There being no comments, the public hearing was closed. Following discussion of the amount of expenditures in the Collection System Program relative to the other programs, it was moved by Member Rainey and seconded by Member Hockett, that the 1996 Ten-Year Capital Improvement Plan be approved and that the 1 996-1997 Capital Improvement Budget be approved for inclusion in the District Budget. There being no objection, the motion was approved with Member Dalton being absent. Ms. Deborah Ratcliff, Controller, reviewed the projected and budgeted O&M revenues and expenses for the fiscal year ended June 30, 1996. Ms. Ratcliff reported that revenues 05 16 96 86 are projected to be essentially on budget at $28,112,000. Expenses are projected to be $27,420,000 or $249,000 below budget. Staff worked diligently to reduce and control costs this year. Revenue over expense is projected to be $692,000 compared to budget of $407,000. The fund balance at June 30, 1996 is projected to be $6,824,000 compared to budget of $6,539,000. Ms. Ratcliff presented the Sewer Service Charge. rate comparison with neighboring agencies. Central San is lower than many other agencies at its current rate of $188. The objective has been to keep the Sewer Service Charge rate flat for as long as possible. The O&M component of the rate has been flat at $160 for three years and then reduced to $157 for the past year and proposed year, with a $31 capital component. Ms. Ratcliff summarized the revenues, expenses, and reserves for fiscal year 1994-1 995 through 1996-1997. Revenues are budgeted to be $28.5 million in 1996-1997, or $427,000 (1.5 percent) greater than last year's budget. Expenses are budgeted at $28.3 million, or $670,000 (2.4 percent) greater than last year's budget. This increase is primarily in the areas of cost-ot-living and merit increases in salaries, start up of the new Household Hazardous Waste Facility, and outside services. Ms. Ratcliff reported that on May 15, 1996, the County Retirement Board made a decision to subsidize 81 percent of the employee retirement cost-of-living expense and to subsidize the full 5.8 percent of the District's retirement cost-of-living expense. This equates to a savings to the District of $325,000. This savings is not reflected in the budget. Ms. Ratcliff reviewed the cash flow balance for a two-year period. Last year, the District briefly dropped below the prudent reserve level, defined as 1 0 percent of expenditures. As requested by the Board, the average fund balance was calculated. In 1994-1995 it was $6.1 million and in 1995-1996 it was $6.9 million. Based on that information, the District would have adeQuate reserves for the coming year. Ms. Ratcliff provided an overview of the current Self-Insurance Fund Budget compared to last year. It is projected there will be a decrease in revenues of approximately $45,000 and expenses are projected to be $53,000 less than last year. Ms. Ratcliff recommended that the Board approve the 1996-1997 O&M and Self- Insurance Fund Budgets for inclusion in the District Budget; adopt an Ordinance establishing the Sewer Service Charge rates based on a residential rate of $188, with an additional charge of $86 for customers served by the Lawrence Road Pumping Station, an additional charge of $14.60 for customers served by the West Branch Pumping Station, and an increase of $0.038 per 100 cubic' feet of water consumption to partially fund the Commercial Pollution Prevention Program; and adopt a resolution authorizing collection of the 1996-1997 Sewer Service Charges on the County tax roll. At 2:52 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 1996-1997 Sewer Service Charge rates. There being no comments, the public hearing was closed. It was moved by Member Boneysteele and seconded by Member Hockett, that the 1996- 1997 O&M and Self-Insurance Fund Budgets be approved, and that Ordinance No. 197 be adopted, establishing the 1996-1997 Sewer Service Charge rate schedule based on a residential rate of $188, including an additional charge of $86 for customers served by the Lawrence Road Pumping Station, an additional charge of $14.60 for customers served by the West Branch Pumping Station, and an increase of $0.038 per 100 cubic feet of water consumption to partially fund the Commercial Pollution Prevention Program. Motion approved on the following vote: AYES: Members: Boneysteele, Hockett, Rainey, Menesini NOES: Members: None ABSENT: Members: Dalton At 2:55 p.m., President Menesini opened the public hearing to receive public comment relative to collection of the 1996-1997 Sewer Service Charges on the County tax roll. There being no comments, the public hearing was closed. 05 16 {}6 87 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. It was moved by Member Rainey and seconded by Member Hockett, that Resolution No. 96-088 be adopted, authorizing collection of the 1996-1997 Sewer Service Charges on the County tax roll. Motion approved on the following vote: AYES: Members: Rainey, Hockett, Boneysteele, Menesini NOES: Members: None ABSENT: Members: Dalton 5. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Mr. Dolan, General Manager-Chief Engineer, requested that Item 13.a.1) Closed Session, be taken out of order when the District's labor counsel arrives at approximately 3:30 p.m. The Board concurred. 6. REPORTS GENERAL MANAGER-CHIEF ENGINEER a. 1 ) Mr. Dolan, General Manager-Chief Engineer, introduced Mr. Don Berger, Associate Engineer, who provided an update on the Household Hazardous Waste Facility. Mr. Berger reported that last month the Negative Declaration was approved, the land use application permit has been submitted to Contra Costa County. The County is reviewing the submittal package. It is expected that a public hearing will be scheduled by the County in July 1996. Construction of the facility could begin in the fall, with completion by March 1997. Mr. Berger reviewed the conceptual landscape plan for the Household Hazardous Waste Facility which was designed to provide a pleasing look and a place to demonstrate the use of recycled water to the public. Mr. Berger described the landscaping plan, the types of plants recommended, and efforts to comply with the County's ordinance encouraging the use of drought tolerant plants. Discussion followed with regard to the types of plantings, demonstration of recycled water, and efforts to comply with the request of Blum Road residents for a sidewalk or trail to connect with the District's existing trail. Board Members Hockett and Rainey suggested that plants be labeled, that a trail through the recycled water demonstration area and an exercise par course be considered for future incorporation in the project, and that associated risks and liabilities be investigated. Member Boneysteele stated that the County has a tree ordinance and inquired into the implications of that ordinance should it be necessary to take a tree out in the future. Mr. Dolan stated that staff will look into these issues. Mr. Berger stated that the total construction cost for the landscaping project including removal of concrete from the batch plant property is approximately $320,000 to $330,000. It is planned that the landscaping will be completed at the same time as the Household Hazardous Waste Facility. Member Rainey suggested that grants might be available since this is a demonstration project. In addition, the Conservation Corps might be a source of funding and/or labor. Mr. Berger thanked Member Rainey for the suggestion and stated that he would look into those possibilities. Mr. Berger described the exterior of the Household Hazardous Waste Facility. It is planned to have a cost effective, attractive facility that fits in with the other architecture and style of the buildings at the Treatment Plant. 05 "",' 6, 1. 96 88 Noting the arrival of the District's labor counsel, Mr. Tim Emert, President Menesini proceeded to Item 13.a.1) Closed Session. 13. CLOSED SESSION a. 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 Rodger Smith v. CCCSD, Labor Code Section 132a, NB173735. At 3:35 p.m., President Menesini declared the closed session to discuss existing litigation as noted above. At 4: 12 p.m., President Menesini concluded the closed session and reconvened the meeting into open session. 14. REPORT OF DISC~LOSED SESSION Mr. Kenton L. Aim, Counsel for the District, reported that as a result of discussions in closed session, the President of the Board of Directors was authorized to execute a letter responding to Mr. Rodger Smith's letter to the Board of Directors dated April 17, 1996. At this time, President Menesini reverted to the order of the agenda. 6. REPORTS GENERAL MANAGER-CHIEF ENGINEER a. 2) Mr. Dolan, General Manager-Chief Engineer, stated that an immensely productive Work Redesign effort was undertaken to find ways to improve and expedite the way goods and services are procured for use in District activities. The conclusions and recommendations of the Process Redesign Team were far reaching. Many deal with important procedural details, but at least one recommendation requires Board input and approval and others may be of interest to the Board. Because there are some control implications, staff would like the opportunity to talk in more depth with a committee of the Board, perhaps the Budget and Finance Committee, before coming back to the full Board for approval. Mr. Dolan introduced Ms. Tammy Fong, Buyer II, who provided an overview of the Good and Services Requisitioning Process Redesign Team (PRT) efforts. Ms. Fong described Purchasing activities and support for the day- to-day activities of the District. The mission of the Goods and Services Requisitioning PRT was to find ways to improve structures, process, time lines, and controls used by District employees to identify, requisition, receive, distribute, and pay for needed goods and services within the risk and financial control mechanisms derived from Federal, State, Local, and District rules and regulations. Ms. Fong reviewed the objectives and activities of the PRT and reported that as a result of these activities, 31 major recommendations were formulated. Ms. Fong provided copies of the Good and Services Requisitioning PRT Report for interested Board Members. Mr. Ken Laverty, Purchasing and Materials Manager, reported that 31 major recommendations and almost 60 total recommendations resulted from the PRT work. Mr. Laverty reviewed three major recommendations currently in process: . Bar coding of inventory items; . Single District signature on professional and consulting agreements; and . Procurement card' system. i'" ,..-,.~ ,~~ 16 -"", ,,"\ [ib ~!"..!~ Jh"""" ~l '-, 89 Mr. Laverty stated that bar coding will expedite the issuing process while reducing input errors. The bar coding system will directly interface with the District's HTE program. It is anticipated that the bar coding system will be fully operational in July 1996. Mr. Laverty reported that to reduce turnaround time for agreements to be executed, the PAT recommended a single signature, of the Purchasing and Materials Manager, on Professional and Consulting Agreements. The normal District approvals will still be required, but will take place in the requisition stage prior to the agreement being issued. In addition, approval signatures on all invoices will remain unchanged. It is anticipated that this process will be implemented in June 1996. Mr. Laverty stated that a procurement card system was recommended to give the end users an efficient, secure, and cost-effective method for purchasing small dollar, local and will-call type items. This system should reduce paperwork and disruption associated with rush and urgent order on small-dollar items. In addition, it should save the District operating costs when processing these purchases since only one monthly invoice will be processed instead of many individual invoices. Mr. Laverty described the procurement card, control options, and cost. Mr. Laverty requested that the Board Budget and Finance Committee meet with staff to go over the details of the system and controls. In the discussion that followed, it was suggested that the procurement card system and controls be reviewed in advance by the District's internal auditor. Mr. Dolan agreed. Mr. Dolan thanked Ms. Fong and Mr. Laverty for their presentations, noting that this is just one more way in which the District is trying to make itself better and more responsive. 3) Mr. Dolan, General Manager-Chief Engineer, announced that Mt. View Sanitary District recently encountered a problem with the need for having a Grade IV operator certification relative to implementation of its new filter and ultraviolet (UV) disinfection system. Central San responded on Mt. View's behalf and endorsed the Operator III level for UV technology. The matter has been remanded to staff with the apparent support of the State Regional Water Quality Control Board for Mt. View's position. Mt. View was most appreciative of Central San's help. 4) Mr. Dolan, General Manager-Chief Engineer, announced that the difference between the District and Carlson Construction with regard to the cost of the contract work on the Collection System Operations yard is growing farther apart. The District and Mr. Carlson have decided to use the services of a mediator and hope for an amicable resolution of the issue. 5) Mr. Dolan, General Manager-Chief Engineer, announced that Members Boneysteele and Menesini walked through the District's new Reprographics Services Center. Mr. Dolan invited anyone else interested to visit the new Reprographics Services Center as well. 6) Mr. Dolan, General Manager-Chief Engineer, announced that the presentation to the Pleasant Hill City Council on the Pleasant Hill Relief Interceptor and the Recycled Water Projects has been postponed. The City Council agenda have been very crowded and City staff has suggested another alternative that might involve a luncheon to which the District could invite Council Members. The Board agreed and Mr. Dolan indicated he will pursue this approach. 7) Mr. Dolan, General Manager-Chief Engineer, announced that on May 5, 1996, Central San passed a significant milestone. All District employees have worked for one year with no lost time injury. This record equates to a half-million hours of work with no employees being injured and unable to return to their jobs. The Board extended congratulations to all employees. 0 PO" ,<t) -'III 6 1.. 96 90 b. 8) Mr. Dolan, General Manager-Chief Engineer, reminded the Board that a walk through of the Ultraviolet (UV) Disinfection Facilities has been scheduled for June 6, 1996. COUNSEL FOR THE DISTRICT 1 ) Mr. Kenton L. Aim, Counsel for the District, announced that the expected information relating to Closed Session Item 13.a.4) Amy Faltz v. CCCSD and James Hampton, Contra Costa County Superior Court No. C95-04441, was not received; and therefore, this matter will not be discussed in closed session at this meeting. 2) Mr. Aim, Counsel for the District, reported problems encountered by Sacramento Regional after disqualifying the first low bidder for failure to comply with affirmative action requirements. c. SECRETARY OF THE DISTRICT None d. BOARD MEMBERS 2) 1 ) Member Rainey reported that Contra Costa County Supervisor Mark DeSaulinier has requested her to serve on a Charter County Committee. Member Rainey stated that she will keep the Board informed. President Menesini reported on the May 10-11, 1996 California Association of Sanitation Agencies (CASA) meeting. Topics of discussion included classification of solid waste, and management by objectives using merit rewards and disciplinary action up to and including termination to achieve objectives. 7. ENGINEERING ESTABLISH JUNE 20. 1996 AT 2:00 P.M. AS THE DATE AND TIME FOR A PUBLIC HEARING TO CONSIDER AMENDMENTS TO TITLE 1. GENERAL PROVISIONS: TITLE 5. PERMITS AND LICENSES: TITLE 9. SEWERS: AND TITLE 10. SOURCE CONTROL (PRETREATMENT) OF THE DISTRICT CODE a. Mr. Dolan, General Manager-Chief Engineer, stated that these proposed District Code revisions are the culmination of work that has been going on for a number of years. Copies of the proposed revisions were distributed for Board review prior to the public hearing. Mr. Dolan introduced Mr. Jay S. McCoy, Infrastructure Division Manager, who stated that from time to time issues arise that require changes to the District Code. A number of changes that would clarify procedures, simplify District work flow, and improve the District Code are being proposed. Mr. McCoy reviewed the most significant changes as set forth in the position paper and described in detail in the document distributed to the Board for review. Mr. McCoy indicated that he would be available to answer any questions the Board may have during the next month prior to the public hearing. 8. APPROVAL OF MINUTES MINUTES OF ADJOURNED REGULAR MEETING OF MAY 1. 1996 a. It was moved by Member Rainey and seconded by Member Boneysteele, that the minutes of the adjourned regular meeting of May 1, 1996, be approved as presented. There being no objection, the motion was approved with Member Dalton being absent. 9. APPROVAL OF EXPENDITURES EXPENDITURE L~A Y 16, 1996 a. Member Boneysteele, Chair of the Budget and Finance Committee, stated that he reviewed the expenditures and found them to be satisfactory. (,.,' ~,' ;:;:;;".' . f!. J..". ';}~ ~'it 6 1 96 91 It was moved by Member Boneysteele and seconded by President Menesini, that the Expenditure List dated May 16, 1996, including Self-Insurance Check Nos. 101109- 101115, Running Expense Check Nos. 96355-96639, Sewer Construction Check Nos. 17025-17081, and Payroll Check Nos. 41774-42046, be approved as recommended. There being no objection, the motion was approved with Member Dalton being absent. a. RECEIVE APRIL 1 996 FINANCIAL STATEMENTS Ms. Deborah Ratcliff, Controller, reviewed the results of operations and maintenance expenses for the month of April 1996, noting that expenditures were $8,000 greater than budget, virtually on budget. Year to date, expenditures were $875,000 less than budget, representing a 3.8 percent favorable variance. Operations and maintenance revenues for the ten months ended April 1996 were $22,225,000, 4.5 percent below budget. Ms. Ratcliff reported that the District's temporary investments were held in Treasury bills and Treasury notes and the District's Local Agency Investment Fund (LAIF) account with interest rates ranging from 5.08 percent to 6.16 percent. The latest interest rate as of April 1996 was 5.55 percent. The average yield for the LAIF account through March 1996 was 5.55 percent. Mr. Jarred Miyamoto-Mills, Principal Engineer, presented the 1995-1996 Capital Improvement Program Third Quarter Status Report. Mr. Miyamoto-Mills reported that the Capital Improvement Budget (CIB) expenditures are projected to be $40.6 million, or $7 million over budget. Mr. Miyamoto-Mills provided a summary of the major project expenditures and explained the difference between the current projections and the CIB. CIB revenues are projected to be $22 million, essentially on budget for the current fiscal year. The Sewer Construction Fund balance as of June 30, 1996 is projected to be $21,818,000. Mr. Miyamoto-Mills stated that a project status report for the period ending March 31, 1996 was provided in the Board packet. President Menesini declared that the April 1 996 Financial Statements and the Third Quarter Capital Improvement Budget Status Report were duly received. 11. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 12. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS None 13. CLOSED SESSION a. EXISTING LITIGATION 1 ) Rodaer Smith v. CCCSD - Labor Code Section 132a. NB 173735 This item was taken out of order earlier in the agenda. 2) Acme Landfill Core. v. Althin CD Medical. Inc.. CCCSD. et al - U.S. District Court No. C91-4268 SBA 3) CCCSD v. Orinda-Moraaa DisDosal Service, Inc.. et al - Contra Costa Countv SuDerior Court No. C96-00562 The closed session was held to discuss existing litigation pursuant to Government Code Section 54956.9(a). At 5:41 p.m., President Menesini declared the closed session to discussion existing litigation as noted in Items 13.a.2) and 13.a.3) above. At 6:36 p.m., President Menesini concluded the closed session and reconvened the meeting into open session. 05 16 96 0, "^,, ,.," .-'--. . ~ ~~Æ 92 4) Amv Faltz v. CCCSD and James HamDton - Contra Costa Countv SuDerior Court No. C95-04441 This item was not discussed in closed session. 14. REPORT OF DISCUSSIONS IN CLOSED SESSION Mr. Aim, Counsel for the District, stated that no decisions were made nor votes taken that require reporting at this time. 15. ADJOURNMENT There being no further business to come before the Board, President Menesini adjourned the meeting at the hour of 6:37 p.m. to reconvene at 2:00 p.m. on Thursday, May 30, 1996 for a Recycled Water Board Workshop in the Second Floor Conference Room, 5019 Imhoff Place, Martinez, California. ~ß(.~~&~ President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: "1!ì..," 6 ~ .. ..ii;t. «9- ' 6 t .