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HomeMy WebLinkAboutBOARD MINUTES 09-02-10Board Minutes of September 2, 2010 MINUTES OF THE REGULAR MEETING OF THE DISTRICT BOARD OF THE ' CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON SEPTEMBER 2, 2010 The Board of Directors of the Central Contra Costa Sanitary District convened in a regular meeting at their regular place of business, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 2:00 p.m. on Thursday, September 2, 2010. President McGill called the meeting to order and requested that the Secretary call roll. 1. ROLL CALL PRESENT: Members: Hockett, Lucey, Menesini, Nejedly, McGill ABSENT: Members: None a. PLEDGE OF ALLEGIANCE TO THE FLAG Board and staff joined in the Pledge of Allegiance. b. INTRODUCTIONS General Manager James Kelly stated that, effective August 30th, the District has twenty- ' four vacancies. There were nineteen retirements in 2010 and four more will occur between September and December for a total of twenty- three, or nine percent of the District's workforce. Board Members welcomed newly -hired Assistant to the Secretary of the District, Donna Anderson; Director of Plant Operations, Margaret Orr; Right -of -Way Agent, Lisa Robertson and Chemist I, Anita Setty. 2. PUBLIC COMMENTS There were no public comments. 3. AWARDS AND COMMENDATIONS a. ADOPT RESOLUTIONS RECOGNIZING 2010 SERVICE AWARD R ECIPIENTS - General Manager James Kelly stated that the Board is being asked to adopt rasoluti xis recognizing the service of fifty -one employees who have been at the District for five,'.ten, fifteen, twenty, twenty -five, thirty and thirty -five years. The resolutions will be oar of the program for the Service Awards Luncheon that will be held in the District's'Mulii- Purpose Room on Wednesday, October 27, 2010, starting at 12:00 p.m. Book 6 — Page 122 Board Minutes of September 2, 2010 It was moved by Member Hockett and seconded by Member Lucey to adopt ' Resolutions 2010 -061 through 2010 -082. Motion passed by unanimous vote of the Board. 70 General Manager James Kelly stated that the District recently received the NACWA Platinum 12 Peak Performance Award in recognition of twelve years of complete and consistent National Pollutant Discharge Elimination System (NPDES) permit compliance. Plant Operations Division Manager Randy Grieb presented a report. The Board accepted the award and thanked staff for their hard work. 4. CONSENT CALENDAR Member Nejedly asked that Item 4.f. be removed from the Consent Calendar for discussion. It was moved by Member Menesini and seconded by Member Nejedly to adopt the ' Consent Calendar as recommended, with the exception of Item 4.f. Motion passed by unanimous vote of the Board. a. Approve expenditures dated September 2, 2010. Reviewed by Budget and Finance Committee. b. Approve minutes of August 5, 2010 Board meeting. C. Adopt Resolution 2010 -083 establishing the Sewer Construction Fund appropriations limit in the amount of $77,663,616 for the 2010 -2011 Fiscal Year, in accordance with Article XIII B of the California Constitution and select the change in the California per capita personal income percentage for use in computing the appropriations limit. Reviewed by Budget and Finance Committee. d. Review and approve the Statement of Investment Policy for District assets and the Investment Guidelines Document for the GASB 45 Trust. Reviewed by Budget and Finance Committee. e. Confirm the publication of a summary of uncodified District Ordinance No. 260 adopting an amendment to the schedule of environmental and development - related rates and charges to include fees for participation in the Connection Fee ' Deferral Pilot Program in accordance with District Code Chapter 6.30. Book 6 — Page 123 Board Minutes of September 2, 2010 0 Direct staff to secure the services of an arbitrator in accordance with the District's grievance procedure. Member Nejedly requested that this item be removed from the Consent Calendar for discussion. Although he acknowledged that the Board is required by the Memorandum of Understanding to hire an arbitrator, he objected to doing so, particularly as Local One has already acknowledged that the grievants would most likely not have been hired anyway. He stated that he would not be voting in favor of the item. Mr. Kelly stated that an arbitrator would cost in the region of $10,000, half of which would be paid by Local One. Member Lucey confirmed that the Board has no option but to secure the services of an arbitrator. It was moved by President McGill and seconded by Member Lucey to direct staff to secure services of arbitrator. Motion passed by the following vote of the Board: AYES: Members: NOES: Members: ABSTAIN: Members: Lucey, Menesini, McGill Hockett, Nejedly None Set October 7, 2010 at 2:00 p.m. as the date and time for a public hearing to receive comments on District Annexation (DA) 168C — Alhambra Valley Final Environmental Impact Report (EIR). Adopt Resolution of Application 2010 -084 rescinding and replacing Resolution 2010 -011, requesting that Contra Costa Local Agency Formation Commission ( LAFCO) initiate proceedings to amend the District's mutual Sphere of Influence (SOI) with the Mt. View Sanitary District in six separate areas of incorporated and unincorporated Martinez, including the finding that the SOI change proposed for each affected property within District Reorganization Areas 181 -1, 181 -2, 181 -4, 181 -5A, 181 -5131 and 181 -5132 is exempt from CEQA under District CEQA Guidelines Section 15319. Adopt Resolution of Application 2010 -085 rescinding and replacing Resolution 2010 -012, requesting that Contra Costa LAFCO initiate proceedings to detach one area and annex three areas in incorporated and unincorporated Martinez, including the finding that the detachment of each property as proposed for District Reorganization Areas 181 -1, 181 -5A, 181 -5131 and 181 -5132 is exempt from CEQA under District CEQA Guidelines Section 15319. Book 6 — Page 124 Board Minutes of September 2, 2010 5. PUBLIC HEARINGS a. PUBLIC HEARING TO RECEIVE COMMENTS ON AN UNCODIFIED ORDINANCE TO ESTABLISH REIMBURSEMENT FEES FOR THE PROPERTIES WHICH COULD DIRECTLY OR INDIRECTLY CONNECT TO DISTRICT PROJECT 5919, ALHAMBRA VALLEY TRUNK SEWER ALHAMBRA VALLEY ASSESSMENT DISTRICT (AVAD) 2007-1; AND DIRECTLY CONNECT TO JOB 6412, MONTEIRA AVAD 2007 -4: JOB 6439 RELIEZ VALLEY AVAD 2007 -3: JOB 6441, QUAIL AVAD 2007 -6• JOB 6442, GORDON /MILLTHWAIT AVAD 2007 -2: AND JOB 6450, VIA VAQUEROS AVAD 2008 -7, IN ALHAMBRA VALLEY This matter was reviewed and recommended for approval by the Budget and Finance Committee. General Manager James Kelly stated that six of the Alhambra Valley Assessment District projects have been completed. The Board is being asked to establish or update reimbursement fees for properties that did not voluntarily participate in the assessment process and, thus, have not paid or financed an assessment. These fees will be due to the District when these non - participant properties connect to the public sewer system. Member Lucey noted that a letter was received from the United States Department of ' the Interior stating that the Draft Environmental Impact Report (EIR) does not adequately address the potential impacts of the proposed action on the adjacent resources of the Mount Wanda portion of the John Muir National Historic Site. Mr. Kelly stated that staff will come back with additional information,on the Department of the Interior letter at the September 16, 2010 Board meeting. This letter is regarding the proposed annexation of properties in the Alhambra Valley and is not related to the setting of reimbursement fees. The public hearing was opened and closed without comments. It was moved by Member Hockett and seconded by Member Nejedly to adopt Uncodified Ordinance 262 to establish reimbursement fees as recommended, with appropriate findings. Motion passed by unanimous vote of the Board. PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING CHAPTER AN EXISTING HOME TO THE DISTRICT'S PUBLIC SEWER SYSTEM AND CONCURRENTLY ABANDONS THE SEPTIC TANK SYSTEM SERVING THE PROPERTY ' This matter was reviewed and recommended for approval by the Budget and Finance Committee. Book 6 — Page 125 Board Minutes of September 2, 2010 General Manager James Kelly stated that a public hearing is being held to receive ' comments on a proposal to amend the District Code to provide an option for installment payments of Capacity Fees for property owners who abandon their private septic tank system and connect to the public sewer. By encouraging the abandonment of septic tank systems, the District is working to improve water quality and reduce greenhouse gas emissions in the District's service area. The public hearing was opened and closed without comments. It was moved by Member Hockett and seconded by Member Menesini to adopt Ordinance 263 amending Chapter 6.12 of the District Code to provide an option for installment payment of Capacity Fees as recommended, with appropriate findings. Motion passed by unanimous vote of the Board. 6. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None. 7. REPORTS GENERAL MANAGER 1) End of Legislature Regarding Retirement and City of Bell Bills ' General Manager James Kelly stated that the status of Senate Bill 1425 and Assembly Bill (A.B.) 1987 has changed since his memorandum dated August 27, 2010, which was included in the Board agenda packet. Both bills passed on August 31, 2010, and now await the Governor's signature. Should they be signed by the Governor, both bills would go into effect on January 1, 2011. The anti - spiking portion of the bills would go into effect on July 1, 2011. The "double dipping" portion of the bills that would ban retired public employees from working for the same or other public agency for 180 days after retirement would go into effect on January 1, 2012. A memorandum on the Bell issue was also included in the Board packet. A.B. 827 passed, prohibiting the automatic renewal of raises exceeding the cost of living, and prohibiting severance agreements of longer than a year. A.B. 194 also passed, setting a cap on retirement benefits for public employees. The other four bills were all referred back to the Rules Committee. These four bills can still be voted on if a special session is called by the Governor. 2) Contra Costa County Employees' Retirement Association (CCCERA) Update This report was reviewed by Budget and Finance Committee. Book 6 — Page 126 Board Minutes of September 2, 2010 ' General Manager James Kelly referred to the memorandum included in the Board agenda packet, which attached two memoranda from the CCCERA Chief Executive Officer Marilyn Leedom regarding the September 8, 2010 CCCERA Board Meeting and concerning retirement workshops. Member Hockett stated that the Budget and Finance Committee did not have any training recommendations for the retirement workshops. President McGill stated that he attended the CCCERA meeting where they discussed training and expressed frustration that data requested by the Board from CCCERA has still not been provided. 3) General Manager James Kelly announced that Board Member Hockett was elected the new President of the California Association of Sanitation Agencies for the next year (August 2010 through August 2011) and congratulated her on her appointment, 4) General Manager James Kelly announced that a community meeting to discuss District Annexation 175 — Orinda and Lafayette was held in Orinda on Wednesday, August 25, 2010. Meeting notices were sent to owners of the 107 affected properties, as well as surrounding properties within 300 feet. This proposed annexation includes the El Toyonal hillside neighborhood. Four people (representing three of the affected properties) attended the meeting. No objections to the proposed annexation or its Draft Negative Declaration were raised. 5) General Manager James Kelly announced that, in addition to the Acting Director of Plant Operations Curt Swanson, Associate Engineer Don Berger will be attending the WateReuse Association's Annual Conference in Washington D.C. from September 12 through 15, 2010. Attendance at this conference was budgeted in the 2010 -2011 Technical Conferences Budget. While they are in Washington, D.C., they will meet with federal legislative and agency staff regarding the District's request for funding for District recycled water projects. 6) General Manager James Kelly announced that, on August 24, 2010, the District purchased the final third of the Treatment Plant natural gas for January through December 2012 at Pacific Gas and Electric Citygate price of $5.40 per decatherm (dth). Natural gas prices have continued to remain depressed as the economy struggles to recover, and gas demand for summer peak electrical demand never materialized. This purchase results in the average cost of $5.69 for 2012 and is lower than pre- ' purchased gas for both 2010 and 2011. Future natural gas purchases will require additional Board authorization. Book 6 — Page 127 Board Minutes of September 2, 2010 7) General Manager James Kelly announced that the District adopted Local ' Discharge Limits in 2007 that established tiered limits for four pollutant parameters: copper, lead, mercury and cyanide. The tiers were set for discharges of process wastewater from unpermitted and permitted businesses. This strategy allowed higher limits to be established for the permitted businesses for these particular parameters. Rather than issuing individualized permits to each business, the District's Source Control Section developed Best Management Practice (BMP) Permits as a means of permitting larger groups of businesses that discharge elevated concentrations of the four parameters with tiered limits. Businesses that implemented the established BMPs are presumed to comply with the applicable limits. The dental amalgam permit was the first BMP Permit program implemented and has successfully lowered the influent and effluent mercury. Starting in 2009, Source Control started implementing the new tiered limits by mailing BMP Permit applications to businesses conducting activities that could result in elevated levels of copper and lead in their process wastewater discharge (e.g. vehicle service, vehicle /equipment washing, machine shops). Applications were sent to more than 750 businesses with 698 being returned, which resulted in 258 BMP Permits being issued to date. 52 businesses have been non - responsive despite repeated ' attempts to prompt these businesses to submit a completed application. Source Control recently sent Warning Notices notifying them that they did not submit a completed BMP Permit application and setting a new deadline for them to complete and return this document. Staff is hoping to obtain the cooperation of these remaining businesses by using the Warning Notice strategy. 8) General Manager James Kelly announced that staff has prepared a draft response to the recent Grand Jury inquiry regarding Board compensation and benefits. This draft has been provided to the Board. Any comments or suggestions from Board Members will be reviewed and a final copy distributed once the response has been sent. 9) General Manager James Kelly announced that, although legislative action on the Prop 18 Water Bond has been postponed until November 2012, President McGill has sent letters to each of the County Supervisors, State Senator DeSaulnier, and Assembly Members Buchanan, Skinner, and Torlakson. In his letters, President McGill notes the reasons for the District Board opposition to the measure, along with a request to review the proposition before it finally comes before the public in two years. 10) General Manager James Kelly announced that recently, the District ' received notice from the State Controller's office that a request for Book 6 — Page 128 Board Minutes of September 2, 2010 employee salary information be sent to cities and counties in the near ' future. Staff contacted the Controller's office to obtain more details about the forthcoming request. They had no details to provide and indicated that instructions would probably be issued to government agencies in October. At the time staff contacted the Controller's Office, they did not know if special districts would be included in the first round of reporting. In the future, this additional employee salary information is expected to become part of the Annual Financial Report that public agencies send to the Controller's Office each October. Staff will provide the Board with additional details as they become available. 11) General Manager James Kelly announced that Director of Engineering Ann Farrell will be attending the International Water Association Congress and Exhibition in Montreal, Canada from September 19 through September 24, 2010. Ms. Farrell has requested $1,250 of her Management Education Funds to pay for registration. The session will feature presenters from all over the world speaking on the latest international research on emerging contaminants, microbial fuels cells and wastewater treatment and energy production synergies. 12) General Manager James Kelly announced that staff has reached an impasse with two residential property owners located at 43 and 47 Camino Encinas in Orinda. During the August 5, 2010 Board Meeting, while discussing other engineering and construction issues regarding the Hall Drive Sewer Renovations Project, Phase 2B (DP 5932), staff advised the Board that two property owners were unwilling to grant additional land rights necessary to replace the existing public sewer on their properties. Since these easements were not acquired, the "Camino Encinas" sewer segment was dropped from this year's current construction contract in Orinda. District engineers re- evaluated the sewer renovation for design alternatives and after careful analysis determined the proposed design was the optimal design solution for the neighborhood. In order to construct next season, staff, in consultation with District Counsel, needs to now initiate the process of involuntary easement acquisition. While adhering to state mandates regarding actions for future eminent domain proceedings, staff is reinitiating contact with these property owners. In the event the owners will not grant the land rights to the District, staff anticipates coming back to the Board in early 2011 to request adoption of the Resolutions of Necessity. b. COUNSEL FOR THE DISTRICT District Counsel Kent Alm stated that he was asked a question at the last Board meeting ' regarding the legality of conducting labor negotiations in public. He stated that there is no law that says negotiations have to be conducted in a certain way or be confidential. Book 6 — Page 129 Board Minutes of September 2, 2010 However, he stated that conducting negotiations in public would present practical ' difficulties, and bargaining in private is almost universal. Also, Section 54963 of the Brown Act applies in certain circumstances and prohibits anyone from disclosing information received in Closed Session. C. SECRETARY OF THE DISTRICT No reports. BOARD MEMBERS 1) Board Member reports on future meetings or conferences for which they will receive the stipend for which the District will pay their expenses; recent meetings for which they received the stipend and meetings or conferences for which the District paid their expenses Member Hockett Member Hockett reported on her attendance at the August 5, 2010 Contra Costa County Mayors' Conference; the August 18 -20, 2010 California Association of Sanitation Agencies (CASA) Annual Conference; the August 18 and August 21, 2010 CASA Executive Board meetings and the August 25, 2010 Contra Costa Council and Small Business Task Force I meeting. Member Neiedly Members Nejedly and Hockett reported on the August 30, 2010 Budget and Finance Committee meeting and summarized the Action Summary. The Board received the report without comments. President McGill President McGill and Member Hockett reported on the August 11, 2010 Capital Projects Committee meeting and summarized the Action Summary. The Board received the report without comments. President McGill provided a written report on this attendance at the August 5, 2010 Contra Costa County Mayors' Conference and the August 18 -20, 2010 CASA Annual Conference. 2) Announcements President McGill provided a written report covering Announcements. I Book 6 — Page 130 Board Minutes of September 2, 2010 8. ENGINEERING a. AUTHORIZE THE GENERAL MANAGER TO EXECUTE THE FOLLOWING AGREEMENTS RELATED TO THE SEISMIC IMPROVEMENTS 1) A professional engineering services agreement not to exceed $60,000 with Complete Project Solutions, Inc. for preliminary design of the Seismic Upgrades for the Pump and Blower Building, District Project 7291. 2) A professional engineering services agreement not to exceed $115,000 with KPFF Consulting Engineers, Inc. for preliminary design of the Seismic Improvements for the Headquarters Office Building, District Project 8226. This matter was reviewed and recommended for approval by the Capital Projects Committee. General Manager James Kelly stated that preliminary analysis indicates that some District facilities require seismic strengthening. Construction work is complete for the Household Hazardous Waste Collection Facility (HHWCF) and Standby Power Facility, and is underway for the Collection System Operations Department (CSOD) new building. Staff recommended proceeding with the pre- design of the Headquarters Office Building (HOB) and Pump and Blower Building (PBB) seismic strengthening to determine the alternatives and associated costs. Senior Engineer Ba Than stated that the seismic study has identified deficiencies in critical District facilities and noted their proximity of the Concord earthquake fault. He stated that staff is recommending the predesign of improvements to the HOB and PBB, and is recommending deferral of improvements to the Plant Operations Building and Solids Conditioning Building. Staff will work with the Real Estate Committee regarding the warehouse building at 4737 Imhoff. He described the deficiencies in the HOB and PBB and stated that staff is recommending approval of authorizations to perform seismic pre- design for both buildings. Staff will return to the Board with findings and recommend the next steps. It was moved by Member Menesini and seconded by Member Hockett to authorize the General Manager to execute the agreements as recommended. Motion passed by unanimous vote of the Board. b. RECEIVE UPDATE ON THE COLLECTION SYSTEM OPERATIONS DEPARTMENT (CSOD) ADMINISTRATION CREW AND WAREHOUSE FACILITY, DISTRICT PROJECT 8208 AND AUTHORIZE THE SUBSTITUTION OF HAMPA CORPORATION, THE LISTED SUBCONTRACTOR WITH 1� Book 6 — Page 131 Board Minutes of September 2, 2010 MODERN DRAPERY FOR THE WINDOW COVERINGS, AS REQUESTED BY BOBO CONSTRUCTION, INC. I General Manager James Kelly stated that the CSOD Administration, Crew and Warehouse Facility project has been under construction for approximately six months. The project is complex and challenging with multiple sub - contractors working concurrently. Member Lucey noted that, in his opinion, there appears to be little progress being made on the construction project. Senior Engineer Alex Rozul updated the Board on the project's level of construction and the latest request for subcontractor substitution. He stated that the target completion date is July 2011 and showed photographs of the construction site and improvements. He stated that the project is currently one to one - and -a -half months behind schedule, primarily due to the weather. All undergrounding for sewer and water lines has been completed. Preparation of the site itself required much grading and compaction. Member Lucey asked how much of the delay is caused by the concrete subcontractor failing to perform. Mr. Rozul responded that the delays so far have been caused by rain and other changes, not because of the failure of the concrete subcontractor. General Manager James Kelly stated that staff will provide an updated schedule at the I next Board meeting. Member Nejedly asked how many days' delay have been due to rain. Mr. Rozul responded 23 days altogether. Member Nejedly asked if the project is now three weeks behind and Mr. Rozul responded yes, that is staffs opinion. President McGill asked if the 23 -day delay included change orders and Mr. Rozul responded that they do not include change orders. He confirmed that the 23 days are calendar days. Director of Engineering Ann Farrell noted that the District has contracted with Swinnerton and Walberg to assist with analyses of the contractor's schedule. Staff is concerned about the schedule, and Swinnerton and Walberg are analyzing the July and August schedules to determine what has caused the additional delays. Staff will carefully document schedule issues to protect the interests of the District. The Swinnerton and Walberg contract amount may need to be increased if the situation becomes more complex. Member Nejedly expressed frustration with the increasing delays and failure of subcontractors to perform. He predicted that the project will cost more than originally anticipated, noting that winter is rapidly approaching. I Book 6 — Page 132 Board Minutes of.September2, 2010 With regard to the subcontractor substitution, Mr. Rozul stated that the contractor had listed twenty -five subcontractors in his bid and two have already been substituted. Currently, the Board is being asked to authorize the substitution of the subcontractor for window coverings. Staff will return to the Board with information about the possible substitution of the concrete subcontractor at the September 16, 2010 Board meeting. It was moved by Member Lucey and seconded by Member Menesini to authorize the substation of the listed subcontractor, Hampa Corporation, with a different subcontractor, Modern Drapery, for the window covering work on the CSOD Administration, Crew, and Warehouse Facility, District Project 8208. Motion passed by unanimous vote of the Board. 9. BUDGET AND FINANCE a. RECEIVE ADJUSTED OPERATIONS AND MAINTENANCE (O &M) JUNE 2010 YEAR -END FINANCIAL STATEMENTS AND INVESTMENT REPORTS This matter was reviewed by the Budget and Finance Committee. General Manager James Kelly introduced Controller Debbie Ratcliff to present the adjusted June 30, 2010 financial results for the Operations and Maintenance Fund. These are unaudited numbers and have the potential for audit adjustments. The final audited numbers will be brought back to the Board in October Ms. Ratcliff stated that revenues are less than expected for Period 13, resulting in a deficit of $119,000. Expenses are $469,000 less than projected. Total revenue for 2009 -10 was $60,257,000, which is $1,411,000 less than budgeted. Total expenses for 2009 -10 were $56,558,000, which is $3,187,000 less than budgeted. The Board received the report. RECEIVE CAPITAL IMPROVEMENT BUDGET YEAR -END REPORT General Manager James Kelly introduced Director of Engineering Ann Farrell to present a summary of the Fiscal Year (FY) 2009 -2010 year -end financials for the capital program, as well as a brief look ahead at projected revenue and expenditures for FY 2010 -2011 and the need for the revised authorization requested under Item 9.c. to fund the planned FY 2010 -11 expenditures. Ms. Farrell provided information on the Capital Improvement Budget Year -End Report. She described capital fund impacts and showed slides summarizing major project expenditure variances in the Treatment Plant Program, the Collection System Program, the General Improvements Program and the Recycled Water Program. Book 6 — Page 133 Board Minutes of September 2, 2010 Ms. Farrell presented information on savings from the Capital Improvement Budget caused primarily by low bids and reductions in scope of work, for a total savings of $10.5 million. Ms. Farrell also presented two -year capital program activity, noting that the Sewer Construction Fund balance projected draw -down over the past two years is $16.2 million, rather than the originally - projected $25.3 million. C. APPROVE THE REVISED 2010 -2011 CAPITAL IMPROVEMENT BUDGET FUNDING AUTHORIZATION TABLE (TABLE 1) WITH ACTUAL RATHER THAN This matter was reviewed and recommended for approval by the Capital Projects Committee. Director of Engineering Ann Farrell stated that staff is recommending increasing the total authorization for Fiscal Year 2010 -2011 to $46,925,000 rather than the original amount of $37,466,000 to account for more budget carryover than originally projected. The planned expenditures will remain the same. It was moved by Member Hockett and seconded by Member Menesini to approve the revised 2010 -2011 Capital Improvement Budget funding authorization table (Table 1) with actual rather than estimated authorized but unspent funds allocated to ongoing projects and total 2010 -2011 authorizations. Motion passed by unanimous vote of the Board. 10. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None. 11. SUGGESTIONS FOR FUTURE AGENDA ITEMS Member Nejedly requested updates on the CSOD Administration Crew and Warehouse Facility Improvements, District Project 8208, on all Board agendas, specifically regarding delays to the project schedule. Member Hockett requested an update on the Household Hazardous Waste Collection Facility (HHWCF) Improvements, District Project 8216. 12. CLOSED SESSION The Board recessed at 3:47 p.m. to reconvene in the Caucus Room in closed session to confer with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): Nellie Freeman v. Central Contra Costa Sanitary District, Contra Costa County Superior Court Case No. C10- 01142. 7 Book 6 — Page 134 Board Minutes of September 2, 2010 ' The Board recessed at 4:02 p.m. to reconvene in the Board Room in open session. 13. REPORT OUT OF CLOSED SESSION No reports. 14. ADJOURNMENT There being no further business to come before the Board, President McGill adjourned the meeting at 4:03 p.m. COUNTERSIGNED: ' Elaine R..Boehme, Michael R. Mcq .E. President oftfie Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California Sec�etary.of the Central Contra Costa " Sanitary District, County of Contra Costa, State of California Book 6 — Page 135