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HomeMy WebLinkAboutBOARD MINUTES 06-19-03 242 06 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON JUNE 19, 2003 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 June 19, 2003. President Nejedly called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Menesini, Boneysteele, Lucey, Hockett, Nejedly ABSENT: Members: None a. PLEDGE OF ALLEGIANCE TO THE FLAG Board and staff joined in the Pledge of Allegiance to the Flag. 2. PUBLIC COMMENTS None 3. CONSENT CALENDAR Mr. Charles W. Batts, General Manager, stated that at the end of the fiscal year the District closes out completed capital improvement projects. This year a concerted effort was made to account for all completed projects that may have been overlooked or kept open to fund any required work in the future. Through this clean up effort, a total of 30 projects will be closed out. Many of these projects were completed under budget. The closing of these projects will return approximately $2.5 million in unspent funds to the Sewer Construction Fund. It was moved by Member Menesini and seconded by Member Hockett, that the Consent Calendar, consisting of Items a. through I., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. a. The Board was advised of the close out of the A-Line Relief Interceptor Predesign Project, DP 4717, and the return of $13,538 to the Sewer Construction Fund. This item was presented for the Board's information. No action was taken. b. The Board was advised of the close out of the Pleasant Hill Interceptor Easement Acquisition Project, DP 4985, and the return of $17,247 to the Sewer Construction Fund. This item was presented for the Board's information. No action was taken. c. The Board was advised of the close out of the San Ramon Schedule "C" Force Main Project, DP 5554, and the return of $861,149 to the Sewer Construction Fund. This item was presented for the Board's information. No action was taken. d. The Board was advised of the close out of the Lafayette Sewer Renovations Project, Phase 3B, DP 5611, and the return of $157,000 to the Sewer Construction Fund. This item was presented for the Board's information. No action was taken. e. The Board was advised of the close out of the Pleasant Hill Relief Interceptor Project, Phase 4, DP 5170, and the return of $644,000 to the Sewer Construction 19 0'. 0..'. .~ 243 Fund. This item was presented for the Board's information. No action was taken. f. The Board was advised of the close out of 27 capital improvement projects with a net underrun of $982,448 which will be returned to the Sewer Construction Fund. This item was presented for the Board's information. No action was taken. g. The contract work for the Collection System Renovations - Spot Repairs 2002- 2003, DP 5622, was accepted and the filing of the Notice of Completion was authorized. The motion was unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Menesini, Hockett, Boneysteele, Lucey, Nejedly None None h. The 2003 Cured-In-Place Pipe (CIPP) Project, DP 5246, was approved for California Environmental Quality Act (CEQA)/permitting purposes, and staff was directed to file a Notice of Exemption with the Contra Costa County Clerk. The motion was unanimously approved on the following vote: AYES: Members: Menesini, Hockett, Boneysteele, Lucey, Nejedly NOES: Members: None ABSENT: Members: None The Contra Costa Boulevard Sliplining Project, DP 5678, was approved for California Environment Quality Act (CEQA)/permitting purposes, and staff was directed to file a Notice of Exemption with the Contra Costa County Clerk. The motion was unanimously approved on the following vote: i. AYES: Members: NOES: Members: ABSENT: Members: Menesini, Hockett, Boneysteele, Lucey, Nejedly None None j. July 17, 2003 at 2:00 p.m. was established as the date and time for a public hearing regarding the Via Don Jose Contractual Assessment District (CAD) No. 2002-6, pursuant to California Constitution Article XIIID, Section 4, and Streets and Highways Code Sections 5898.20 and 5898.24, and Resolution No. 2003- 051 was adopted to that effect. The motion was unanimously approved on the following vote: AYES: Members: Menesini, Hockett, Boneysteele, Lucey, Nejedly NOES: Members: None ABSENT: Members: None k. August 7,2003 at 2:00 p.m. was established as the date and time for a public hearing to receive comments on and consider adoption of a proposed ordinance to amend District Code Chapter 6.30, Schedule of Environmental and Development-Related Rates and Charges. 06 19 00 ',¡, 244 The motion was unanimously approved on the following vote: AYES: Members: Menesini, Hockett, Boneysteele, Lucey, Nejedly NOES: Members: None ABSENT: Members: None I. August 7, 2003 at 2:00 p.m. was established as the date and time for a public hearing to receive comments on and consider adoption of a proposed ordinance to amend District Code Chapter 6.12, Capacity Fee Program. The motion was unanimously approved on the following vote: AYES: Members: Menesini, Hockett, Boneysteele, Lucey, Nejedly NOES: Members: None ABSENT: Members: None 4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Item 7.a., Engineering, was taken out of order at this time to accommodate interested persons in the audience, and Item 13.b., Closed Session were taken out of order later in the agenda. President Nejedly proceeded to Item 7., Engineering. 7. ENGINEERING a. AUTHORIZE THE GENERAL MANAGER TO SIGN THE CONTRACT WITH THE CONTRA COSTA CLEAN WATER PROGRAM AUTHORIZING THE SOURCE CONTROL SECTION TO CONTINUE CONDUCTING STORM WATER INSPECTION SERVICES Mr. Batts, General Manager, stated that the District's current contract with the Contra Costa Clean Water Program to conduct storm water inspections in the central county expires at the end of this month. An updated contract has been prepared by staff and forwarded to the Clean Water Program for acceptance. Mr. Batts introduced Mr. Henry Thorn, Senior Engineer, who reviewed the background of the Contra Costa Clean Water Program. The Regional Water Quality Control Board (RWQCB) issued a National Pollutant Discharge Elimination System (NPDES) permit to the Clean Water Program, Contra Costa County, and the cities in Contra Costa County. The NPDES permit includes a mandatory storm water inspection component. The County Clean Water Program entered into a partnership with the District in 1997 to provide storm water inspections in the ten cities in the District service area. The District conducts the inspections of storm water discharge and compliance with State regulations, and back charges the Clean Water Program. About 609 inspections were conducted this fiscal year. The inspection services agreement benefits both the District and the Clean Water Program by combining regular pretreatment inspections with storm water inspections to improve efficiency and coordination. The combined inspection program also establishes goodwill with the cities in the District's service area. The current contract expires June 30, 2003. The proposed new contract would be effective through June 2005, with the ability to renew it annually from 2005 through June 2009. Mr. Thom stated that there is one significant change in the proposed contract and that is an increase in the District's overhead rate from 127 percent to 134.79 percent. The annual revenue generated by the contract is $236,000. That revenue is used to fund two contingency inspector positions. Mr. Thom stated that the RWQCB audited the Clean Water Program recently and indicated they were satisfied with the program and complimented the District on the way in which inspections were conducted. Mr. Thom introduced Mr. Tim Potter, the program coordinator for the District. Member Menesini stressed the importance of contact with the various watershed program studies going on in the District service area. 06 19 0,0 ,I ~ 245 Mr. Potter stated that Mr. Joshua Bradt, Clean Water Program coordinator, is present today. Mr. Brandt has directly been responsible for those watershed studies. The District has not been enlisted for direct support of those programs. Mr. Donald Freitas, Director of the Contra Costa Clean Water Program, addressed the Board. Mr. Freitas stated that five years ago when he made a presentation to the Board on the Clean Water Program, the Board approved the contract but there was some hesitancy about just what the District was getting into. Mr. Freitas stated that he knew the quality of work that the District does and he did not want to create a new bureaucracy and felt that we could work cooperatively. Mr. Freitas stated that the County is also going to be working with East Bay Municipal Utility District and Delta Diablo Sanitation District to expand this program because it has proven to be very successful. A five-year strategy is being developed that targets specific businesses or areas of emphasis that the individual cities wish to have addressed. Again, Mr. Freitas stated that the RWQCB has been extremely happy with this program. This program is beneficial to all of us and the communities we serve. Mr. Freitas stated that the first years have been successful and he is looking forward to the next five or six years. The Watershed Program is an ongoing program. The Alhambra Creek Watershed Program is one that has been initiated and it will serve as the model for other watersheds. Member Menesini stated that he is on the Board of the Alhambra Creek Watershed Study and he hopes to get together with the County Clean Water Program to work on some of the infractions being found. Mr. Freitas stated that an effort is being made to look at all the issues and develop a strategic plan to deal with them. In response to questions from Member Lucey concerning the revenue received by the District from the proposed contract and the increases in District wages and benefits, Mr. Thom stated that the District is fully reimbursed for the costs of providing this service. Member Lucey asked if capital costs are billed, and Mr. Thom stated that capital costs are not included. There being no further discussion, it was moved by Member Menesini and seconded by Member Hockett, that the General Manager be authorized to execute the contract with the Contra Costa Clean Water Program for the District's Source Control Section to conduct storm water inspections in the central county cities for an initial term through June 30, 2005, renewable through June 30, 2009 if the agency partners approve the annual renewals. The motion was approved with Member Lucey voting no. Member Hockett complimented Mr. Freitas for bringing this program together and for the leadership it takes to form such a partnership. President Nejedly thanked Messrs. Freitas and Bradt for taking the time to attend this meeting. At this time, President Nejedly reverted to the order of the agenda. 5. BIDS AND AWARDS a. AUTHORIZE AWARD OF CONSTRUCTION CONTRACT TO MCNAMARA AND SMALLMAN CONSTRUCTION, INC., FOR THE WALNUT CREEK SEWER RENOVATION PROJECT, PHASE 1, DP 5428; AUTHORIZE THE PRESIDENT OF THE BOARD OF DIRECTORS AND THE SECRETARY OF THE DISTRICT TO EXECUTE AN AGREEMENT WITH THE CITY OF WALNUT CREEK FOR STORM DRAIN INSTALLATION Mr. Batts, General Manager, distributed a map of the project locations, and stated that this is the first in a series of construction projects on the older sewer lines in Walnut Creek. Three sealed bids were received. The engineer's estimate for the work was $1,000,000 and bids ranged from $817,905 to $1,485,920. The lowest responsive and responsible bidder was McNamara and Smallman Construction, Inc. in Livermore. Mr. 06 19 03 246 Batts stated that as part of this position paper, a Joint Powers Agreement (JPA) with the City of Walnut Creek is proposed for construction of City storm drain improvements under this project. The cost for this work will be reimbursed to the District by the City of Walnut Creek. Mr. Batts introduced Mr. Andrew Antkowiak, Associate Engineer, who stated that in 1991 the District started a small sewers renovation program throughout the entire District collection system. A comprehensive multi-phase program was developed. The Walnut Creek Sewer Renovation Project, Phase 1, which is before the Board for consideration today is part of that program. Phase 1 of this project will replace 5,000 linear feet of 6 to 8-inch sewer lines in 12 locations. Using a map, Mr. Antkowiak described the locations, indicating that eight are in public right of way and four are in easements and private streets that will require close cooperation with customers for site access and restoration. Three of the sites are in the downtown Walnut Creek area. The City of Walnut Creek is requiring night construction in certain of these locations. In response to questions from Member Lucey concerning East Bay Municipal Utility District (EBMUD) construction activity in one of the project locations, Mr. Tad Pilecki, Principal Engineer, stated that efforts were made to do a joint project with EBMUD in this area but that was not possible because it would violate the water/sewer separation requirements. Mr. Antkowiak stated that to minimize impacts to traffic and residents, the District is coordinating with the City of Walnut Creek storm drain improvements. A JPA with the City of Walnut Creek has been prepared and approved by the Walnut Creek City Council. In addition, agreements for repaving of two private streets in the project area have been reached. The homeowners have indicated that they plan to repave those streets. The District will contribute to the cost of paving in lieu of restoring the streets. It will be the homeowners' responsibility to have the streets repaved. Mr. Antkowiak stated that there has been extensive public outreach on this project. All of the homeowners on private streets and those with easements have been contacted. All of the businesses in the project area have been contacted as well. A public meeting, attended by Board Members Boneysteele and Menesini, was held. Mr. Antkowiak reviewed the project schedule that calls for completion within 165 calendar days. The contractor is expected to start work in July and be completed by mid December. To avoid impact on businesses in the downtown Walnut Creek area during the holiday season, the contractor is required to complete work by October 1, 2003. The contractor is required to complete work in the two private roads by August 1 and September 1, to allow the homeowners to complete their repaving projects. Mr. Antkowiak presented the staff recommendation that the Board authorize award of a construction contract to McNamara and Smallman, the lowest bidder at $817,905. Mr. Antkowiak noted that this price includes the work for both the District and the City of Walnut Creek. The District's share is approximately $766,000 and the City of Walnut Creek's share is approximately $52,000. Following discussion, it was moved by Member Menesini and seconded by Member Hockett, that award of a construction contract in the amount of $817,905 for the construction of the Walnut Creek Sewer Renovation Project, Phase 1, DP 5248, be authorized to McNamara and Smallman Construction, Inc., the lowest responsible bidder; and that the President of the District Board of Directors and the Secretary of the District be authorized to execute an agreement with the City of Walnut Creek for storm drain installation. There being no objection, the motion was unanimously approved. At this time, President Nejedly departed from the order of the agenda to consider Item 13.b., Closed Session. 13. CLOSED SESSION b. LABOR NEGOTIATIONS With respect to labor negotiations, the closed session was held pursuant to Government Code Section 54957.6 to meet with designated representatives prior to and during 06 19 03 247 consultations and discussions with representatives of employee organizations regarding the salary, salary schedules or compensation paid in the form of fringe benefits to employees in order to review its position and instruct its designated representatives. The District's negotiators are Labor Counsel Allison Woodall, Director of Administration Randall M. Musgraves, Human Resources Manager Cathryn Freitas, and Secretary of the District Joyce E. Murphy. The pertinent employee organizations are the Central Contra Costa Sanitary District Employees Association Local 1, the Management Support/Confidential Group, and the Management Group. At 2:35 p.m., President Nejedly declared the closed session to discuss labor negotiations pursuant to Government Code Section 54957.6 as noted above. At 3:28 p.m., President Nejedly concluded the closed session and reconvened the meeting into open session. At this time, President Nejedly reverted to the order of the agenda. a. 6. REPORTS GENERAL MANAGER 1) Mr. Batts, General Manager, reported that the mandated constitutional State budget deadline has come and gone without a new budget to deal with the $38.2 billion deficit. State borrowing will provide some relief but something will have to be done by fall. Both political parties remain entrenched in their positions. Democrats will not agree to greater program cuts, and Republicans will not support any new taxes. Governor Davis continues to push for his budget plan including both cuts and taxes, with the Budget Conference Committee. Several legislators, including Democrat Joe Canciamilla and Republican Keith Richman, are offering compromises they hope both parties can accept. State employees will be hit with increased medical premiums and co-pays from CaIPERS. 2) Mr. Batts, General Manager, stated that there is nothing new to report with regard to the Retirement System. 3) Mr. Batts, General Manager, stated that the Moraga and Orinda Crossroads Pumping Stations pump vibration problem has been a difficult issue involving the contractor, the contractor's supplier, various technical experts, and possible litigation. Currently the pumping stations are operational, but are showing accelerated wear due to the higher vibration leVels of the Morris pumps. Each pumping station is currently equipped with a standby pump for normal conditions as well as two diesel driven pumps for wet weather or use in emergency situations. Therefore, while current operations are not ideal, a catastrophic failure resulting in an overflow is highly unlikely due to the availability of backup systems. While the pump replacement process may appear to be slow, staff believes that proceeding in a methodical manner to fully test the proposed replacement pumps and ensure that they are an adequate replacement is the best plan. A pump from the Cornell Pump Company is scheduled to be delivered to the District the week of July 7. It will be tested to determine if it meets the District's vibration specification at both Orinda Crossroads and Moraga Pumping Stations. Thereafter, presuming success, the permanent installations of the pumps could be done at the pumping stations. Mr. Batts introduced Mr. William E. Brennan, Capital Projects Division Manager, stated that a closed session is scheduled later in the meeting concerning release of retention to GSE, the contractor on this job. Mr. Brennan reported on the condition of the Morris pumps installed at the Moraga and Orinda Crossroads Pumping Stations. As Mr. Batts indicated, the Morris pumps are operating, but they are showing accelerated wear. 06 19 03 248 06 19 There have been vibration-related mechanical problems. Manufacturer modifications have not reduced the vibration. Mr. Brennan reviewed the project timeline. The Morris pumps were installed and tested in October 2001, and the vibration problem was identified. For the next year, from October 2001 through October 2002, Morris Pumps made nine modifications to the Orinda Crossroads pumps and eight modifications to the Moraga pumps, but the problem still persists. The issue was brought to the Board in closed sessions on October 17 and November 21 ,2002. On December 5, 2002, the Board authorized the field test of two replacement pumps. Worthington, Cornell, and Fairbanks-Morse were listed as possible alternative pump suppliers. On January 30, 2003, Morris offered to replace the Moraga pumps if the District would accept the Orinda Crossroads pumps. Morris alleged that the pump vibration was caused by hydraulic problems due to the design of the piping at the Orinda Crossroads Pumping Stations. District staff did not believe that was true and hired an expert to look at it. In March 2003, the hydraulic expert reviewed the piping installation at both pumping stations and found no problems. Mr. Brennan stated that the alternate pump suppliers have concerns about: . Technically challenging single pump application (high head); Known vibration problem; Dispute with existing pump manufacturer and contractor; and What is viewed as a demanding pump application and vibration specification. . . . Mr. Brennan stated that three pump manufacturers were contacted to provide replacement pumps (Worthington, Cornell, and Fairbanks-Morse). Worthington withdrew. Cornell and Fairbanks-Morse inspected the site and piping at great length because they thought there might be something in the locations that would make it impossible for them to meet the specifications. Mr. Brennan stated that pump supplier senior engineering staff reviewed the conditions and made installation recommendations. Mr. Brennan stated that Fairbanks-Morse submitted their initial proposal on January 29, 2003. Fairbanks-Morse agreed to meet all technical specifications, but took substantial exceptions to commercial conditions. The warranty was of the most concern. Mr. Brennan stated that these exceptions invalidated their agreement with the technical specifications. The cost of buying six Fairbanks-Morse replacement pumps is $471,000, for an estimated $600,000 installed. Cornell presented five alternative proposals as they evaluated the situation, and indicated they are very concerned about the vibration standard. The final proposal presented on April 10, 2003 was based on meeting a less rigorous vibration standard than specified. Cornell agreed to all commercial terms. The cost of buying six replacement pumps from Cornell is $240,000, for an estimated $350,000 installed. Mr. Brennan reviewed the current status. Fairbanks-Morse was a larger unit with a long delivery and concerns regarding commercial issues. Cornell Pump offered a pump for testing to prove out their design, basically a free rental. A contract was negotiated with Cornell Pump. The pump could be available the week of July 7, 2003. The contract provides for buying up to six more pumps. GSE, the contractor, is willing to install this pump for testing and the other replacement pumps. The Cornell pump will be tested at the Orinda Crossroads Pumping Station. If successful, the pumps will be installed at Orinda Crossroads by the beginning of December 2003. The Cornell pump will be tested at the 03 b. c. 249 Moraga Pumping Station. If successful, pumps will be installed at Moraga by the end of December 2003. Mr. Kenton L. Aim, Counsel for the District, stated that the intention is to close out the contract with GSE. The contract has been completed with the exception of the portion dealing with Morris Pumps and the change order to install the replacement pumps. GSE is willing to do this in exchange for the District releasing the rest of the retention, and GSE would assign their rights against Morris Pumps to the District. If that is agreeable to the Board, an agreement has been drafted which is acceptable to District Counsel and to GSE's counsel. Mr. Aim stated that separate and aside from that, if something cannot be worked out with Morris Pumps and proper accommodation cannot be reached, staff would be back to the Board for direction regarding taking legal action on the District's behalf and the rights of GSE. Following discussion concerning the level of effort involved in installing the replacement pumps, it was moved by Member Hockett and seconded by Member Boneysteele, that the General Manager be authorized to execute a settlement agreement with GSE Construction Company, Inc. relating to the Moraga and Orinda Crossroads Pumping Stations Renovation Project, DP 5237, providing for release of the retention and installation of replacement pumps. There being no objection, the motion was unanimously approved. 4) Mr. Batts, General Manager, reported that on Saturday, June 14, 2003, the District conducted a mobile household hazardous waste collection event in Danville. The event was a joint household hazardous waste and electronic waste collection event. The District paid for the costs of collection and disposal of household hazardous waste, and the Central Contra Costa Solid Waste Authority paid for the costs of electronic waste collection and disposal. There were 850 appointments made, and 697 customers actually attended the event. Of those, 352 customers had both household hazardous waste and electronic waste, 175 had electronic waste only, and 170 has household hazardous waste only. Of the 697 customers, about 320 were from Danville, 100 from San Ramon, 90 from Walnut Creek, and the rest from various other cities and unincorporated areas. Senior Household Hazardous Waste Technician Dave Wyatt worked at the event that day. 5) Mr. Batts, General Manager, announced that as part of the Plant Control System Improvements Project, District staff will be making site visits to talk directly to operators and to understand the advantages and disadvantages of each system in a field situation. The District has evaluated 12 different software and system configurations. Of the 12 systems, five systems were selected for further evaluation and site visits. Three of the five systems are in the Bay Area and site visits can be arranged locally. The remaining two systems are located in Nevada, one in Sparks and one in Boulder City. One trip will be made by car and the other out-of-state trip will be made by commercial air. After the site visits, staff will further evaluate the most applicable systems and will arrange for on-site software and system configuration demonstrations. COUNSEL FOR THE DISTRICT None SECRETARY OF THE DISTRICT 1) Ms. Joyce E. Murphy, Secretary of the District, announced that the District has received a letter from the Central Contra Costa Solid Waste Authority (CCCSWA) requesting that the District jointly fund one joint Household 06 19 03 250 Hazardous Waste/Electronic Waste Collection Event during fiscal year 2003- 2004. CCCSW A Board Members Horn and Rainey have asked to present a proposal in person either to the District Board's Household Hazardous Waste Committee or to the full Board. Following discussion, staff was requested to schedule a presentation by CCCSW A Board Members Horn and Rainey at a future Board Meeting. Staff was also requested to provide cost details of the mobile collection events, including set up costs, costs for finding a location, securing insurance, and any other appropriate costs. 2) Following discussion, it was the consensus of the Board, with Member Boneysteele abstaining, that the regular District Board Meeting of July 3, 2003 be cancelled unless an urgent matter requires Board attention. d. BOARD MEMBERS 1) Member Menesini reported on the informative presentation by Dr. Andrew J. Gunther, Vice President of Applied Marine Sciences, at a recent Environmental Alliance Discussion Series. Dr. Gunther discussed the need for a collaborative approach for developing Total Maximum Daily Loads (TMDLs) as the most effective method for achieving sustainable water quality benefits for the Bay. 7. ENGINEERING a. AUTHORIZE THE GENERAL MANAGER TO SIGN THE CONTRACT WITH THE CONTRA COSTA CLEAN WATER PROGRAM AUTHORIZING THE SOURCE CONTROL SECTION TO CONTINUE CONDUCTING STORM WATER INSPECTION SERVICES This item was taken out of order earlier in the agenda. 8. APPROVAL OF MINUTES a. MINUTES OF MAY 8,2003 It was moved by Member Hockett and seconded by Member Lucey, that the minutes of May 8,2003 be approved as recommended. There being no objection, the motion was unanimously approved. b. MINUTES OF MAY 22,2003 It was moved by Member Hockett and seconded by Member Lucey, that the minutes of May 22,2003 be approved as recommended. There being no objection, the motion was unanimously approved. 9. APPROVAL OF EXPENDITURES a. EXPENDITURE LIST DATED JUNE 19, 2003 Member Lucey, Chair of the Budget and Finance Committee, stated that he and President Nejedly reviewed the expenditures with staff. It was moved by Member Lucey and seconded by President Nejedly, that the Expenditure List dated June 19,2003, including Self Insurance Check Nos. 102014- 102019, Running Expense Check Nos. 144972-145202, Sewer Construction Check Nos. 25682-25712, Payroll Manual Check Nos. 48908-48909, and Payroll Regular Check Nos. 54531-54648, be approved as recommended. There being no objection, the motion was unanimously approved. 06 19 03 251 10. BUDGET AND FINANCE a. APPROVE A RESOLUTION TO ADOPT THE 2003-2004 STAFFING PLAN, AND THE EQUIPMENT, CAPITAL IMPROVEMENT, OPERATIONS AND MAINTENANCE, AND SELF INSURANCE FUND BUDGETS AS COMPRISING THE 2003-2004 DISTRICT BUDGET Mr. Batts, General Manager, stated that over the past few months the Board has been presented with the Capital Improvement Budget, the Equipment Budget, the Staffing Plan, the Operations and Maintenance Budget, and the Self Insurance Fund Budget. All five budgets were reviewed in detail with the Board, public hearings were held, and the budgets were approved by the Board. The Board is now asked to consider approval of a resolution adopting all five budgets as comprising the 2003-2003 District Budget. It was moved by Member Hockett and seconded by Member Menesini, that Resolution No. 2003-052 be adopted, adopting the 2003-2004 Staffing Plan, and Equipment, Capital Improvement, Operations and Maintenance, and Self Insurance Fund Budgets, as comprising the 2003-2004 Central Contra Costa Sanitary District Budget. Motion unanimously approved on the following vote: AYES: Members: NOES: Members: ABSENT: Members: Hockett, Menesini, Boneysteele, Lucey, Nejedly None None 11. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 12. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS Mr. Kenton L. Aim, Counsel for the District, requested that the Board consider adding a closed session item to the agenda to consider a tentative settlement agreement with James B. Richards and Bette J. Brockman for easement acquisition for the Wendt Ranch Offsite Sewer Project, DP 5436. The tentative settlement agreement was reached after the deadline for posting the agenda and Board action is required before the next regular Board Meeting. It was moved by Member Menesini and seconded by Member Boneysteele, that in accordance with Government Code Section 54954.2(b )(2), the Board of Directors of the Central Contra Costa Sanitary District determines that the tentative settlement agreement with James B. Richards and Bette J. Brockman for Wendt Ranch Offsite Sewer easement acquisition and the need to take immediate action came to the attention of the District subsequent to the agenda being posted, and that the item be added to the agenda for consideration by the Board. There being no objection, the motion was unanimously approved with all Board Members being present. Mr. Aim, Counsel for the District, distributed and reviewed a handout detailing the original offer from the District and the proposed settlement for James R. Richards and Bette J. Brockman, 1463 Lawrence Road, Danville, for the Wendt Ranch Offsite Sewer easement acquisition. It was moved by Member Boneysteele and seconded by Member Lucey, that the proposed settlement with James B. Richards and Bette J. Brockman for easements required for the Wendt Ranch Offsite Sewer Project, DP 5436, be approved as recommended. There being no objection, the motion was unanimously approved. 06 19 03 252 13. CLOSED SESSION a. INITIATION OF LITIGATION The closed session to consider initiation of litigation pursuant to Government Code Section 54956.9(c), one potential matter, was not held. b. LABOR NEGOTIATIONS This closed session was taken out of order earlier in the agenda. 14. REPORT OF DISCUSSIONS IN CLOSED SESSION No decisions were made or votes taken in closed session which require reporting at this time. 15. ADJOURNMENT There being no further business to come before the Board, President Nejedly adjourned the meeting at the hour of 4:18 p.m., to reconvene in Regular Session at 2:00 p.m. on Thursday, July 17, 2003. 4- Presi t of the Board of rectors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: Sec t of the Centra Co tra Costa Sani District, County of Contra Costa, State of California 06 19 03