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HomeMy WebLinkAboutBOARD MINUTES 10-17-96 170 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON OCTOBER 17, 1 996 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 October 17, 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. PRESENT 1996 POLLUTION PREVENTION AWARDS TO JOE'S FOREIGN AUTOMOTIVE, GARDEN PLUS PEST CONTROL. CONTRA COSTA COUNTY DEPARTMENT OF AGRICULTURE, SYSTRON DONNER INERTIAL DIVISION, AND CONTRA COSTA NEWSPAPERS Mr. Roger J. Dolan, General Manager-Chief Engineer, introduced Mr. William Brennan, Plant Engineering Division Manager, who introduced Source Control Inspector II's Roberta Peterson and Beverly Baclig and stated that Mr. Bart Brandenburg, Pollution Prevention Program Superintendent, was unable to be at this meeting. Mr. Brennan stated that this is the fifth year the District has presented Pollution Prevention Awards. This is a program to achieve positive recognition for businesses who have gone above and beyond what is required by source control and pretreatment regulations. This year a self-nomination process was used. Approximately 1,500 businesses were solicited. Board Members Hockett and Menesini and Source Control staff reviewed the applications and selected five Pollution Prevention Award recipients and four Honorable Mention Award recipients. Mr. Brennan stated that the recipients of Honorable Mention Awards are: XCEL Etch- Tek, City of Concord, Contra Costa County Sheriff's Office Custody Services Bureau, and German Auto Clinic. Framed certificates will be given to the Honorable Mention winners. In addition, the District will place an advertisement in the Contra Costa Times featuring the names and logos of the Pollution Prevention Award winners and announcing Honorable Mention recipients in smaller type. Mr. Brennan stated that the Contra Costa County Department of Agriculture has been a leader in educating businesses and the general public about pollution prevention. They have actively participated in meetings with pest control operators and District staff to identify possible entry points of organophosphate pesticides into the sewer system, and they have supported the District's efforts to obtain a sales ban of copper sulfate root killer and tributyltin cooling tower additives. On behalf of the District, President Menesini presented the 1996 Pollution Prevention Award to Mr. Vince Guise, of the Contra Costa County Department of Agriculture. Mr. Brennan stated that while operating six photographic laboratories and printing facilities throughout the County, Contra Costa Newspapers has achieved an overall reduction in toxic sewer discharge. Contra Costa Newspapers has demonstrated a commitment to pollution prevention through an aggressive employee involvement and training program. They have purchased more than $81,000 worth of pollution prevention equipment and eliminated two photo labs. Contra Costa Newspapers has changed the film developing 10 l~¡ 96 171 process at three of its labs, and now contains 100 percent of all chemicals; and Contra Costa Newspapers has helped to educate other news organizations about pollution prevention techniques that work. President Menesini presented the 1996 Pollution Prevention Award to Mr. Jeff Hodgkinson, of Contra Costa Newspapers. Mr. Brennan stated that Garden Plus Pest Control, located in Pleasant Hill, has demonstrated a commitment to pollution prevention through employee and customer awareness. In conjunction with the District's pesticide awareness campaign, the company has placed a pesticide awareness article in its newsletter and distributed more than 2,000 Central San educational brochures to its customers. Garden Plus Pest Control has supported the District's pollution prevention efforts by sharing information about the environmental hazards associated with improper pesticide use with members of the Pest Control Operators of California and has organized a committee to advise operators about current wastewater discharge procedures. President Menesini presented the 1996 Pollution Prevention Award to Messrs. Sean McCauley and Mike Blubaugh, of Garden Plus Pest Control. Mr. Brennan stated that Joe's Foreign Automotive's goal was to set the standard of environmental compliance for the automotive industry in Contra Costa County. They have gone above and beyond the norm to help educate businesses and the general public about the importance of pollution prevention. Joe's Foreign Automotive developed an employee training program that focuses on pollution prevention work habits; they purchased oilophilic mops, separate mop buckets for oil and water, and water based cleaners. Joe's Foreign Automotive built a concrete wall between its roof and building to prevent roof runoff from mixing with driveway oil and flowing into the storm drain, and installed a two- stage sediment trap at the storm drain opening to capture particulate matter and properly dispose of it. Joe's Foreign Automotive has supported the pollution prevention efforts of Central San and the Contra Costa County Clean Water Program by serving as a member of an ad hoc advisory committee and by working with other agencies to encourage implementation of a "green business" program in Contra Costa County. President Menesini presented the 1996 Pollution Prevention Award to Mr. and Mrs. Joseph Duvall, of Joe's Foreign Automotive. Mr. Brennan stated that Systron Donner, Inertial Division, has reduced toxic sewer discharge through sound and cost-effective approaches to pollution prevention. Systron Donner was awarded the ISO 9001 and OS 9000 this year, a unique certificate of compliance requiring a commitment to environmental laws. The company developed a comprehensive Environmental Health and Safety Program and hired a training coordinator to ensure that employees are trained in pollution prevention. Systron Donner installed a fail-safe pollution prevention system to ensure that all process wastewater discharges continually meet local discharge limits for pH, redesigned the solvent bench in its Ouartz Fabrication Process to prevent accidental discharge of volatile organic pollutants and to enhance recycling of spent solvents, and replaced ethylene glycol with deionized water as a heat-transfer medium in its process. President Menesini presented the 1996 Pollution Prevention Award to Messrs. Thomas Guizdak, Jerry Brasvell, and Joe Williams of Systron Donner, Inertial Division. President Menesini thanked all the 1996 Pollution Prevention Award recipients for their significant efforts in keeping pollutants out of the central county sewer system and helping to save the environment. A little was said about each one of the winners, but the totality of what we are trying to do is truly remarkable and the best thing we can possibly do for future generations. President Menesini commended the 1996 Pollution Prevention Award recipients for their outstanding contributions and their commitment to protecting the environment. 4. CONSENT CALENDAR It was moved by Member Hockett and seconded by Member Rainey, that the Consent Calendar, consisting of Items a. through h., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. a. Resolution No. 96-141 accepting work and Offers of Dedication from David C. Ritchie and Rebecca F. Ritchie, Job 4913, Parcel 1, was adopted and recording was authorized. 10 17 96 172 10 Motion approved on the following vote: AYES: Members: Hockett, Rainey, Boneysteele, Menesini NOES: Members: None ABSENT: Members: Dalton b. Resolution No. 96-142 accepting work and Offers of Dedication from Trident Associates, Ltd., Job 4913, 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 c. Resolution No. 96-143 accepting work and Offers of Dedication from Home Depot U.S.A., Inc., Job 5098, 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 d. Resolution No. 96-144 accepting work and Offers of Dedication from Trident Associates, Ltd., Job 5135, 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 e. Resolution No. 96-145 accepting work and Offers of Dedication from Barbara H. Magee, Job 5143, 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. 96-146 accepting work and Offers of Dedication from Jeffrey W. Land and Carla K. Land, Job 5143, Parcel 3, was adopted and recording was authorized. Motion approved on the following vote: 17 96 173 AYES: Members: Hockett, Rainey, Boneysteele, Menesini NOES: Members: None ABSENT: Members: Dalton g. Resolution No. 96-147 accepting work and Offers of Dedication from James E. McCracken and Joan M. McCracken, Job 5142, 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 h. Attendance of six Plant Operations Department employees was authorized at the October 24, 1996 Information Sharing Program in Denver, Colorado, at a cost of $5,000. 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 Mr. Dolan, General Manager-Chief Engineer, requested that Item B.b., Illicit Discharge Elimination Pilot Program, be held until the arrival of Mr. Don Freitas, the Program Manager, later in the meeting. The Board agreed. 6. BIDS AND AWARDS a. APPROVE REQUEST OF RELIEF OF BID FROM SHOEMATE BUILDINGS. INC.: AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO C. OVERAA & CO. FOR THE HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITY PROJECT. DP 7165: AND AUTHORIZE CONSULTING AGREEMENT WITH EMCON Mr. Dolan, General Manager-Chief Engineer, stated that based on the facts as set forth in the position paper, it is recommended that the request for relief of bid by Shoemate Buildings, Inc. be approved and that award be authorized to C. Overaa & Co., the lowest responsible bidder. It was moved by Member Hockett and seconded by Member Rainey, that the request for relief of bid from Shoemate Buildings, Inc., be approved and that staff be directed to return Shoemate's bid bond; that award of a construction contract be authorized to C. Overaa & Co., the lowest responsible bidder, in the amount of $1,279,999 for the construction of the Household Hazardous Waste Collection Facility Project, DP 71 65; and that the General Manager-Chief Engineer be authorized to execute an agreement with EMCON for construction engineering services. There being no objection, the motion was approved with Member Dalton being absent. In response to a question from Member Rainey, Mr. Don Berger, Associate Engineer, described the recycled materials that will be used in the facility. Mr. Berger stated that staff is also looking into having an integrated pest management demonstration as part of the facility. 10 17 96 174 a. 10" : . 17 7. REPORTS GENERAL MANAGER-CHIEF ENGINEER 1 ) Mr. Dolan, General Manager-Chief Engineer, stated that East Bay Municipal Utility District (EBMUD) and Central Contra Costa Sanitary District (CCCSD) staff and consultants have been working on a draft Lamorinda Recycled Water Project Fact Sheet. When the agenda was prepared, it was expected that the draft would be ready for distribution in ample time for the Board to review it prior to this meeting. However, as there are many players included in the process, it was not received in time. Mr. Dolan distributed the draft Lamorinda Recycled Water Project Fact Sheet and asked that the Board review it and call in any comments so they can be incorporated in a revised draft to be discussed at the November 7, 1996 Board Meeting. 2) Mr. Dolan, General Manager-Chief Engineer, stated that a few Board Meetings ago staff was requested to provide an update on staffing and training for the new Household Hazardous Waste Program and the new Illicit Discharge Elimination Program. Mr. Dolan introduced Mr. William E. Brennan, Plant Engineering Division Manager, who will be responsible for these programs. Mr. Brennan reviewed the status of recruitment for the Household Hazardous Waste (HHW) Program positions. Two in-house applications were received for the HHW Supervisor position. An oral board has been scheduled. Four in-house applications were received for the HHW Senior Technician position. It is planned to wait to fill this position until after the HHW Supervisor position is filled so the HHW Supervisor can participate in the process. No in-house applications were received for the HHW Technician 1111 position. An open promotional recruitment is underway and will close on October 25, 1996. Mr. Brennan stated that a list of training has been developed focusing on the following areas: . HHW collection background information . Public contact/communication . Operational procedures . Records maintenance Mr. Brennan reviewed the components of each of these four areas. With regard to the Illicit Discharge Elimination Program (Contra Costa County Clean Water Program), Mr. Brennan stated that as soon as a signed contract is received, the District will begin recruiting for one inspector position to supplement District staffing. This position will be paid for by funds from the program and will be contingent upon the program continuing. The storm water inspections training will focus on presenting the reason for and background of the program to the regulated community. In addition, specific training by industry type will be provided. Mr. Brennan stated that all of the inspectors will be doing both pretreatment and storm water inspections. That is what has made the program economically viable. In response to a question from President Menesini, Mr. Brennan stated that this program would not be a duplication of effort since each regulated industry will be required to have its own National Pollutant Discharge Elimination System (NPDES) permit. There are many small industries that are required to have a Pollution Prevention Plan for their facilities. They must do monitoring and keep records of compliance. The first two years of the Illicit Discharge Elimination Program will be focused for the most part on education. 96 b. c. d. 175 3) Mr. Dolan, General Manager-Chief Engineer, announced that building activity is picking up in the central county area. Activity at the District's permit counter has heightened as much as twice what it was last year. It may be necessary to evaluate the staffing level in this area at least on an intermittent basis. COUNSEL FOR THE DISTRICT None SECRETARY OF THE DISTRICT None BOARD MEMBERS a. 1 ) Member Rainey reported that the Contra Costa Special Districts Association (CCSDA) will meet at 10:00 a.m. on Monday, October 21, 1996. Kensington Community Services District (KCSD) is entering into a lawsuit against Contra Costa County regarding solid waste franchising. KCSD's attorney will be making a presentation on that issue. No action will be taken by CCSDA at this time. 2) President Menesini reported on the October 10, 11, and 12, 1996 State of the Estuary Conference and health of the Delta. Discussion followed with regard to the kinds of chemicals, pollutants, and exotic organisms getting into the Estuary and Delta and the status of various fisheries. Mr. Charles Batts, Plant Operations Department Manager, stated that the District participated in this Conference as a sponsor and as a member of the Bay Area Dischargers Association. President Menesini complimented the District and staff for involvement in these efforts to protect the environment. 3) President Menesini announced that the Regional Water Quality Control Board is interested in the education of young people so they too can participate and understand the impacts of pollutants going into the Bay. President Menesini is Chair of the San Francisco Bay Institute Education Committee. That group is beginning some new educational programs for children in the area. 4) President Menesini announced that Mr. Ron Crites, of Nolte and Associates, Inc., will discuss natural systems for wastewater treatment at the next Environmental Alliance workshop. The workshop will be held at the John Muir Historic Site at noon on October 21, 1996. 8. ENGINEERING ADOPT A RESOLUTION DIRECTING THE PREPARATION OF A REPORT FOR A DEMONSTRATION PROJECT RELATED TO THE INSTALLATION OF PUBLIC SANITARY SEWER FACILITIES IN CONJUNCTION WITH THE GARY WAY CONTRACTUAL ASSESSMENT DISTRICT Mr. Dolan, General Manager-Chief Engineer, stated that at the last Board Meeting, there was an extensive discussion of this matter and citizens were present from the Gary Way area. At this time, staff recommends that the Board adopt the proposed resolution included in the agenda packet directing the preparation of a report for a demonstration project related to the installation of public sanitary sewer facilities in conjunction with the Gary Way Contractual Assessment District. Member Hockett thanked Mr. Jay S. McCoy, Infrastructure Division Manager, for this awesome opportunity to provide service to the community. Member Hockett commended Mr. McCoy for his knowledge and communications with the community in developing this demonstration project. 10 17 96 176 Member Boneysteele stated that while he will vote for the demonstration project, he does not agree with several of the points in the staff memorandum and the resolution. Historically, the District has avoided getting into controversy with regard to septic tanks. That area has been under the purview of the Contra Costa County Health Department. Member Boneysteele stated that the District stands ready to provide service but does not advocate elimination of all septic tanks. Member Boneysteele expressed concern about the unintended consequences of this demonstration project. Member Boneysteele requested that staff propose a date for report of how other large districts are handling similar situations. It was agreed that staff will report back to the Board the first meeting in February 1997. Member Rainey stated that she appreciates Member Boneysteele's comments and the caution he brings to consideration of this item; however, this is an opportunity for the District to accommodate hook-up of septic tanks and learn from the pilot program. Mr. Dolan stated that at the end of the pilot program, staff will review and recommend a course of action for the District in the future. The public will then be advised of this at the permit counter. Following discussion with regard to budgetary constraints, unknown future circumstances and the possible precedent-setting nature of this demonstration project, and the current estimated number of septic tanks in the District, it was moved by Member Hockett and seconded by Member Rainey, that Resolution No. 96-148 be adopted, directing the preparation of a report for a demonstration project related to the installation of public sanitary sewer facilities in conjunction with the Gary Way Contractual Assessment District. Motion approved on the following vote: AYES: Members: Hockett, Rainey, Boneysteele, Menesini NOES: Members: None ABSENT: Members: Dalton b. CONTRACT BETWEEN CENTRAL CONTRA COSTA SANITARY DISTRICT. DELTA DIABLO SANITATION DISTRICT. WEST COUNTY WASTEWATER DISTRICT. AND THE CONTRA COSTA CLEAN WATER PROGRAM TO IMPLEMENT A PILOT ILLICIT DISCHARGE ELIMINATION PROGRAM This item was held until the arrival of Mr. Don Freitas, Program Manager, later in the meeting. 9. APPROVAL OF MINUTES MINUTES OF OCTOBER 3. 1996 a. It was moved by Member Rainey and seconded by Member Boneysteele, that the minutes of October 3, 1996 be approved with the following amendment. On page 4, in the last line of the last paragraph, the words "including assessment district financing" were added after the word "cost." There being no objection, the motion was approved with Member Dalton being absent. 1 O. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED OCTOBER 17. 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 October 17, 1996, including Self-Insurance Check Nos. 101198- 101199, Running Expense Check Nos. 99489-99853, Sewer Construction Check Nos. 10 17 96 177 17601-17662, and Payroll Check Nos. 43260-43543, be approved as recommended. There being no objection, the motion was approved with Member Dalton being absent. 11. BUDGET AND FINANCE a. RECEIVE THE 1995-1996 ANNUAL REPORT OF THE DEFERRED COMPENSATION PLAN ADVISORY COMMITTEE. AND ADOPT A RESOLUTION AMENDING THE DEFERRED COMPENSATION PLAN DOCUMENT Mr. Dolan, General Manager-Chief Engineer, stated that the Deferred Compensation Plan Advisory Committee Annual Report speaks for itself. Staff would be happy to answer any questions. The Budget and Finance Committee Members Boneysteele and Menesini have reviewed the annual report. In addition to receiving the annual report, the Board is asked to adopt a resolution amending the Deferred Compensation Plan document to bring it into concert with Internal Revenue Service rules. It was moved by Member Rainey and seconded by Member Boneysteele, that the annual report of the Deferred Compensation Plan Advisory Committee for 1995-1996 be received, and that Resolution No. 96-149 be adopted, amending the Deferred Compensation Plan document. Motion approved on the following vote: AYES: Members: Rainey, Boneysteele, Hockett, Menesini NOES: Members: None ABSENT: Members: Dalton Noting the arrival of Mr. Don Freitas, President Menesini proceeded to Item 8.b., Illicit Discharge Elimination Pilot Program. 8. ENGINEERING b. CONTRACT BETWEEN CENTRAL CONTRA COSTA SANITARY DISTRICT. DELTA DIABLO SANITATION DISTRICT. WEST COUNTY WASTEWATER DISTRICT. AND THE CONTRA COSTA CLEAN WATER PROGRAM TO IMPLEMENT A PILOT ILLICIT DISCHARGE ELIMINATION PROGRAM President Menesini welcomed Messrs. Don Freitas and Ephraim Leon-Guerrero, of the Contra Costa County Clean Water Program. Mr. Freitas stated that the item before the Board for consideration today is a very unique agreement, a public/public partnership coordinating 15 public agencies. Mr. Freitas recognized District staff members Messrs. Roger Dolan, William Brennan, and Bart Brandenburg for setting the pace of negotiations and remaining focused on the final outcome. Mr. Freitas reviewed the Federal Clean Water Act, its purpose and goals. In 1987, Congress recognized the need to address storm water as a major source of water pollution and to eliminate this through the National Pollutant Discharge Elimination System (NPDES) permit process. In November 1990, the U.S. Environmental Protection Agency (EPA) promulgated regulations that are the driving force in setting up rules and regulations across the national for strom water programs. Mr. Freitas stated that the biggest sources of pollutants in storm water are residents and automobiles. Storm water contributes more than 50 percent of the pollutants to the San Francisco Bay. Contra Costa County and 17 of the 1 8 Cities in the County have joined together in the Contra Costa County Clean Water Program. The focus of this program is source reduction as opposed to treatment. A joint municipal NPDES permit and Storm Water Management Plan were developed. Mr. Freitas reviewed the components of the Storm Water Management Program as follows: . Construction and new development . Inspection and enforcement activities . Maintenance activities . Public education and industrial outreach 10 17 96 178 . Special studies . Wet weather monitoring Having previously noted that she had a prior commitment, Member Rainey left the meeting at the hour of 3:53 p.m. Mr. Freitas stated that this is a federally mandated program without any local funding. A Storm Water Assessment of an average of $20-$25 per residential unit is collected on the property owners' annual tax bill. Mr. Freitas stated that it is not believed that this will be impacted by initiatives currently before the voters. As part of the program, it is necessary to provide inspection services on behalf of municipalities in a cost effective way. Publicly Owned Treatment Works (POTWs) were approached to provide inspection services because of their expertise, experience, and efficiency. The proposed contract between Central Contra Costa Sanitary District, Delta Diablo Sanitation District, West County Wastewater District, and the Contra Costa County Clean Water Program will implement inspection activities for this pilot Illicit Discharge Elimination Program. Mr. Dolan, General Manager-Chief Engineer, commended Mr. Freitas for his leadership in this program. This is a remarkable cooperative effort among public agencies. Mr. Dolan noted that the staff person hired to supplement District staff will be hired on a contract that makes it clear that if the funding disappears, the position will be eliminated as well. Discussion followed with regard to the possible amount and severity of violations identified through the pilot Illicit Discharge Elimination Program, steps that will be taken, and responsibility for enforcement. Mr. Freitas stated that discovery of violations is the responsibility of the inspecting agency. Responsibility then would pass to the municipality to determine whether or not to proceed with enforcement and to pay the costs of that enforcement process. As a practical matter, Mr. Freitas expects that the Cities will want to transfer that and pay for having enforcement done by the Sanitary Districts. In each of the ordinances approved by the municipalities, there is flexibility. The municipalities will be looking to the Sanitary Districts for consideration in this area. In addition, a Strike Force, within the District Attorney's Office and the Regional Water Quality Control Board are involved. This is a pilot program that will proceed slowly and carefully. Mr. Freitas stated that the program will likely be modified based on experience during the initial years. Mr. Freitas stated that initially the focus of the program will be to promote education rather than to emphasize violation and enforcement. Discussion followed with regard to development of evaluation criteria, production of an annual report for the Regional Water Quality Control Board, and calculation of the annual costs of the program. President Menesini thanked Messrs. Freitas and Leon-Guerrero for attending this meeting and discussing the pilot Illicit Discharge Elimination Program. Having previously advised staff that she would have to leave the meeting early, Member Hockett left the meeting at the hour of 4:21 p.m. At this time, President Menesini reverted to the order of the agenda. 11. BUDGET AND FINANCE b. RECEIVE THE AUDITED FINANCIAL STATEMENTS AND MANAGEMENT LETTER FOR THE FISCAL YEAR ENDED JUNE 30. 1996 Mr. Dolan, General Manager-Chief Engineer, stated that the audited financial statements and Management Letter were reviewed and discussed with the Board Budget and Finance Committee. There being no comments, President Menesini declared that the audited financial statements and Management Letter for the fiscal year ended June 30, 1996 were duly received. 10 It, 96 179 c. RECEIVE SEPTEMBER 1996 FINANCIAL STATEMENTS Ms. Deborah Ratcliff, Controller, reviewed the results of operations and maintenance expenses for September 1996, noting that expenditures were $246,000 less than budget, representing a 10.5 percent favorable variance. Year to date, expenditures were $587,000 less than budget, representing an 8.3 percent favorable variance. Operations and maintenance revenues for the three months ended September 1996 were $1,391,000, 1.7 percent below budget. Ms. Ratcliff reported that the District's temporary investments were held in Treasury bills and Treasury notes and the District's Local Agency Investment Fund (LAIF) account with interest rates ranging from 5.017 percent to 6.241 percent. The latest interest rate as of September 1996 was 6.241 percent. The average yield of the LAIF account through August 1996 was 5.56 percent. President Menesini declared that the September 1996 Financial Statements were duly received. 12. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 13. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS None 14. 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: 1 ) CCCSD v. Orinda-Moraga Disposal Service, Inc., et al - Contra Costa County Superior Court No. C96-00562 2) Acme Landfill Corp. v. Althin CD Medical, Inc., CCCSD, et al - U.S. District Court No. C91-4268 SBA. At 4:27 p.m., President Menesini declared the closed session to discuss existing litigation pursuant to Government Code Section 54956.9(a) as noted above. At 6:00 p.m., President Menesini concluded the closed session and reconvened the meeting into open session. 15. REPORT OF DISCUSSIONS IN CLOSED SESSION None 16. ADJOURNMENT There being no further business to come before the Board, President Menesini adjourned the meeting at the hour of 6:00 p.m., to reconvene at 1 :00 p.m. on November 7, 1996 for the Headworks Dedication followed by the Regular District Board Meeting at 2:00 p.m. JWui () k(. ~ President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: 10 17 96