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HomeMy WebLinkAboutBOARD MINUTES 01-11-96 1 MINUTES OF THE ADJOURNED REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON JANUARY 11, 1996 The District Board of the Central Contra Costa Sanitary District convened in an adjourned 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 January 11, 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. CONSENT CALENDAR It was moved by Member Hockett and seconded by Member Boneysteele, that the Consent Calendar, consisting of Items a. through dd., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. a. Resolution No. 96-001 accepting an easement at no cost to the District from Walnut Creek Mutual Number 28, Job 1001, Parcels 37 and 38, Walnut Creek area, was adopted and recording was authorized. Motion approved on the following vote: AYES: Members: Hockett, Boneysteele, Rainey, Menesini NOES: Members: None ABSENT: Members: Dalton b. Resolution No. 96-002 accepting an easement at no cost to the District from First Walnut Creek Mutual, Job 1001, Parcel 41, Walnut Creek area, was adopted and recording was authorized. Motion approved on the following vote: AYES: Members: Hockett, Boneysteele, Rainey, Menesini NOES: Members: None ABSENT: Members: Dalton c. Resolution No. 96-003 accepting an easement at no cost to the District from First Walnut Creek Mutual, Job 1001, Parcel 42, Walnut Creek area, was adopted and recording was authorized. Motion approved on the following vote: AYES: Members: Hockett, Boneysteele, Rainey, Menesini NOES: Members: None ABSENT: Members: Dalton 01 11 96 2 d. Resolution No. 96-004 accepting an easement at no cost to the District from Third Walnut Creek Mutual, Job 1001, Parcel 45, Walnut Creek area, was adopted and recording was authorjzed. Motion approved on the following vote: AYES: Members: Hockett, Boneysteele, Rainey, Menesini NOES: Members: None ABSENT: Members: Dalton e. Resolution No. 96-005 accepting an easement at no cost to the District from Third Walnut Creek Mutual, Job 1001, Parcels 46 and 47, Walnut Creek area, was adopted and recording was authorized. Motion approved on the following vote: AYES: Members: Hockett, Boneysteele, Rainey, Menesini NOES: Members: None ABSENT: Members: Dalton f. Resolution No. 96-006 accepting an easement at no cost to the District from Third Walnut Creek Mutual, Job 1001, Parcel 48, Walnut Creek area, was adopted and recording was authorized. Motion approved on the following vote: AYES: Members: Hockett, Boneysteele, Rainey, Menesini NOES: Members: None ABSENT: Members: Dalton g. Resolution No. 96-007 accepting an easement at no cost to the District from Third Walnut Creek Mutual, Job 1001, Parcels 50 and 51, Walnut Creek area, was adopted and recording was authorized. Motion approved on the following vote: AYES: Members: Hockett, Boneysteele, Rainey, Menesini NOES: Members: None ABSENT: Members: Dalton h. Resolution No. 96-008 accepting an easement at no cost to the District from Second Walnut Creek Mutual, Job 1001, Parcel 53, Walnut Creek area, was adopted and recording was authorized. Motion approved on the following vote: AYES: Members: Hockett, Boneysteele, Rainey, Menesini NOES: Members: None ABSENT: Members: Dalton i. 01 Resolution No. 96-009 accepting an easement at no cost to the District from Walnut Creek Mutual Number 48, Job 1001, Parcel 54, Walnut Creek area, was adopted and recording was authorized. 11 96 3 Motion approved on the following vote: AYES: Members: Hockett, Boneysteele, Rainey, Menesini NOES: Members: None ABSENT: Members: Dalton j. Resolution No. 96-010 accepting an easement at no cost to the District from Third Walnut Creek Mutual, Job 1001, Parcel 56, Walnut Creek area, was adopted and recording was authorized. Motion approved on the following vote: AYES: Members: Hockett, Boneysteele, Rainey, Menesini NOES: Members: None ABSENT: Members: Dalton k. Resolution No. 96-011 accepting an easement at no cost to the District from Third Walnut Creek Mutual, Job 1001, ParcelS 7, Walnut Creek area, was adopted and recording was authorized. Motion approved on the following vote: AYES: Members: Hockett, Boneysteele, Rainey, Menesini NOES: Members: None ABSENT: Members: Dalton I. Resolution No. 96-012 accepting an easement at no cost to the District from Third Walnut Creek Mutual, Job 1001, Parcel 58, Walnut Creek area, was adopted and recording was authorized. Motion approved on the following vote: AYES: Members: Hockett, Boneysteele, Rainey, Menesini NOES: Members: None ABSENT: Members: Dalton m. Resolution No. 96-013 accepting an easement at no cost to the District from Third Walnut Creek Mutual, Job 1001, Parcel 59, Walnut Creek area, was adopted and recording was authorized. Motion approved on the following vote: AYES: Members: Hockett, Boneysteele, Rainey, Menesini NOES: Members: None ABSENT: Members: Dalton n. Resolution No. 96-014 accepting an easement at no cost to the District from Third Walnut Creek Mutual, Job 1001, Parcel 60, Walnut Creek area, was adopted and recording was authorized. Motion approved on the following vote: 01 11 96 4 01 AYES: Members: Hockett, Boneysteele, Rainey, Menesini NOES: Members: None ABSENT: Members: Dalton o. Resolution No. 96-015 accepting work and Offers of Dedication from Lyle B. Morton, Job 5061, Parcel 1, was adopted and recording was authorized. Motion approved on the following vote: AYES: Members: Hockett, Boneysteele, Rainey, Menesini NOES: Members: None ABSENT: Members: Dalton p. Resolution No. 96-016 accepting work and Offers of Dedication from Ronald D. Gerke, Job 5061, Parcel 2, was adopted and recording was authorized. Motion approved on the following vote: AYES: Members: Hockett, Boneysteele, Rainey, Menesini NOES: Members: None ABSENT: Members: Dalton q. Resolution No. 96-017 accepting work and Offers of Dedication from John F. Voeks and Elaine B. Voeks, Job 5061, Parcel 3, was adopted and recording was authorized. Motion approved on the following vote: AYES: Members: Hockett, Boneysteele, Rainey, Menesini NOES: Members: None ABSENT: Members: Dalton r. Resolution No. 96-018 accepting work and Offers of Dedication from Edwin Castro and Sharon L. Castro, Job 5061, Parcel 4, was adopted and recording was authorized. Motion approved on the following vote: AYES: Members: Hockett, Boneysteele, Rainey, Menesini NOES: Members: None ABSENT: Members: Dalton s. Resolution No. 96-019 accepting work and Offers of Dedication from Ronald P. Sturtz and Merry L. Sturtz, Job 5061, ParcelS, was adopted and recording was authorized. Motion approved on the following vote: AYES: Members: Hockett, Boneysteele, Rainey, Menesini NOES: Members: None ABSENT: Members: Dalton 11 96 t. 5 Resolution No. 96-020 accepting work and Offers of Dedication from Scott Johnston and Gail Johnston, Job 5061, Parcel 6, was adopted and recording was authorized. Motion approved on the following vote: AYES: Members: Hockett, Boneysteele, Rainey, Menesini NOES: Members: None ABSENT: Members: Dalton u. Resolution No. 96-021 accepting work and Offers of Dedication from Eddie B. Essy and Julia K. Essy, Job 5056, Parcel 2, was adopted and recording was authorized. Motion approved on the following vote: AYES: Members: Hockett, Boneysteele, Rainey, Menesini NOES: Members: None ABSENT: Members: Dalton v. Resolution No. 96-022 accepting work and Offers of Dedication from Roger A. Prince and Noelle B. Schoellkopf, Job 5042, Parcel 1, was adopted and recording was authorized. Motion approved on the following vote: AYES: Members: Hockett, Boneysteele, Rainey, Menesini NOES: Members: None ABSENT: Members: Dalton w. Resolution No. 96-023 accepting work and Offers of Dedication from Douglas James Johnson and Kellie Kay Johnson, Job 5042, Parcel 2, was adopted and recording was authorized. Motion approved on the following vote: AYES: Members: Hockett, Boneysteele, Rainey, Menesini NOES: Members: None ABSENT: Members: Dalton x. Resolution No. 96-024 accepting work and Offers of Dedication from Braddock and Logan Group, Job 5042, Parcel 3, was adopted and recording was authorized. Motion approved on the following vote: AYES: Members: Hockett, Boneysteele, Rainey, Menesini NOES: Members: None ABSENT: Members: Dalton y. Resolution No. 96-025 accepting work and Offers of Dedication from Highland Builders, Inc., Job 5020, Parcel 1, was adopted and recording was authorized. 01 96 11 ------------------------------.----- .----- 6 Motion approved on the following vote: AYES: Members: Hockett, Boneysteele, Rainey, Menesini NOES: Members: None ABSENT: Members: Dalton z. Resolution No. 96-026 accepting work and Offers of Dedication from Rudgear Meadows, a Corporation, Job 5020, Parcel 2, was adopted and recording was authorized. Motion approved on the following vote: AYES: Members: Hockett, Boneysteele, Rainey, Menesini NOES: Members: None ABSENT: Members: Dalton aa. Resolution No. 96-027 accepting work and Offers of Dedication from George V. Butowick and Patricia A. Butowick, Job 5020, Parcel 3, was adopted and recording was authorized. Motion approved on the following vote: AYES: Members: Hockett, Boneysteele, Rainey, Menesini NOES: Members: None ABSENT: Members: Dalton bb. Quitclaim Deed to Albert D. Seeno Construction Company, Job 4891, Parcels 2 and 3, Pleasant Hill area, was approved, the President of the District Board of Directors and the Secretary of the District were authorized to execute and record said Quitclaim Deed, and Resolution No. 96-028 was adopted to that effect. Motion approved on the following vote: AYES: Members: Hockett, Boneysteele, Rainey, Menesini NOES: Members: None ABSENT: Members: Dalton cc. Authorization was given for P.A. 96-1 (Walnut Creek) to be included in a future formal annexation to the District. Motion approved on the following vote: AYES: Members: Hockett, Boneysteele, Rainey, Menesini NOES: Members: None ABSENT: Members: Dalton dd. Resolution No. 96-029 was adopted, confirming appointment of representatives to the Central Contra Costa Solid Waste Authority. Motion approved on the following vote: 01 11 96 7 AYES: Members: Hockett, Boneysteele, Rainey, Menesini NOES: Members: None ABSENT: Members: Dalton 4. CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER Mr. Roger J. Dolan, General Manager-Chief Engineer, requested that Item 6, Solid Waste, be taken out of order at the request of Mr. Rick Norris the attorney for Orinda Moraga Dispose-All, and that Item 7, Engineering, be taken out of order to accommodate interested persons in the audience. Mr. Dolan stated that it is his understanding that these two items are not yet ready for resolution. It would be appropriate to discuss them at this point and then continue action to a later date. There being no objection, President Menesini proceeded to Item 7, Engineering. 7. ENGINEERING CONSIDER DEVELOPER REQUEST TO PROVIDE SEWER SERVICE TO A PROPOSED RESIDENTIAL DEVELOPMENT ON KINROSS DRIVE IN WALNUT CREEK a. Mr. Dolan, General Manager~Chief Engineer, stated that the position paper describes the issue. A temporary pumping station has been requested to serve a proposed residential development. An easement would have to be obtained to allow for a gravity sewer extension. The property owner is unwilling to grant such an easement. The City of Walnut Creek is the land-use planning authority for the proposed development. The City has not yet taken action on this matter; and therefore, any action by the District Board may be construed as preempting the City's decision on land use. District staff recommends that the Board postpone consideration of this matter until the City of Walnut Creek has made further progress in its land use decision. This matter is before the Board at the request of the developer; however, in a discussion this morning, the developer indicated that he would like the matter to be postponed. Mr. Peter Hellmann, the developer, stated that he is working with his engineer on other options for the proposed development. Mr. Hellmann requested that this matter be continued to the next Board Meeting since both his engineer and the District' $ engineer are on vacation. Mr. Dolan stated that February 1, 1996, the date of the next Board Meeting, is probably not sufficient time for the City of Walnut Creek approval process. Instead of the next Board Meeting, it would be appropriate to wait until the City of Walnut Creek has acted. Discussion followed with regard to the District's role as a service provider and not a land- use planning agency. President Menesini stated that the Board would receive comments from members of the public at this time. Mr. Christopher B. Cain, 955 Seven Hills Ranch Road, Walnut Creek, thanked the Board for being sensitive to those who took time from work to attend this meeting; and requested that if the matter is considered again by the Board, the comments made today be considered at that time as well. Mr. Cain stated that if the issue of condemnation is considered, condemnation should be used for the benefit of the community and not for the benefit of one property owner when the surrounding community would have a negative impact by the use of condemnation. Mr. Cain stated further that the use of a pumping station is a negative use in this situation. The land owners should get together and work this out rather than arguing before a Board. Mr. Bruce G. Herold, 1556 Homestead Avenue, Walnut Creek, stated that his property immediately adjoins the proposed project. This is not the first time this property has been proposed to be developed, and this project is very controversial. There is significant opposition to any attempt at condemnation. This property was zoned golf course/recreational as a compromise to protect the half-acre minimum adjacent property. 01 11 96 8 Mr. Charles Hendrix, 2012 Walnut Boulevard, Walnut Creek, stated that this property has been proposed for development previously. It is zoned golf course/recreational. Mr. Hendrix agreed with Messrs. Herold and Cain that if this is approved the next thing will be to condemn the golf course and build homes there as well. Mr. Hendrix stated that the report from the District mentions sewers in Seven Hills Road. Those sewers were put in by the property owners. The bridge is on a private road. Mr. Hendrix questioned whether there is sufficient capacity to handle the additional homes. In closing, Mr. Hendrix recommended that the property be kept as a golf course. President Menesini thanked everyone for attending this meeting and expressing their interest. President Menesini reiterated that this Board is not a land-use planning Board. Member Boneysteele requested larger scale maps when this matter is calendared again for Board consideration. Mr. Dolan restated the staff recommendation to postpone any action on this matter until the land-use process has proceeded to the point that the intentions of the City of Walnut Creek are more clear. Mr. Hellmann stated that he is not prepared today to fully state his case and requested that the matter be continued until the next Board Meeting. Member Rainey stated that it is unusual for someone to come to the District requesting sewering before land-use decisions are made. The District does not get into land-use decisions. Whether the property develops or not is not a decision of this Board. If the City of Walnut Creek, through the hearing process, determines the project should go forward, there would be sufficient treatment plant capacity. Mr. Dolan concurred. Member Boneysteele stated that it is extremely premature for this matter to come before this Board before the land use agencies have acted. This District is very reluctant to condemn. Mr. Hellmann stated that he is not now nor will he in the future ask the District or the City of Walnut Creek to condemn. Member Boneysteele stated further that the District has been reluctant to have pumping stations because of the ongoing operations and maintenance costs and responsibilities. Mr. Hellmann stated that the General Plan designation is multi-family medium density residential. It is costly to prepare a proposal. Mr. Hellmann stated that he would like to know the District's preferences prior to spending a significant amount of money on the proposal. Ms. Catherine Walters, Associate Civil Engineer for the City of Walnut Creek, stated that this application will come as a rezoning for an already planned development. In addition, design review or tentative map review will be necessary. As soon as the submittal is complete, the City of Walnut Creek will send referrals to the agencies for utilities as a matter of course. At that time, the agencies will advise the City of utility requirements for the project. Mr. Dolan stated that at that point this matter could be brought back to the Board. In the meantime, it would be appropriate for Mr. Hellmann to work with staff. When the inquiry is received from the City of Walnut Creek, it will be processed, technical options considered, and the matter will be brought to the Board with the staff recommendation. Mr. Hendrix requested that the homeowners in the area be notified when the Board will consider the matter again. President Menesini stated that the Secretary of the District will notify all those completing a card. At this time, President Menesini proceeded to Item 6., Solid Waste. 01 11 96 a. 9 6. SOLID WASTE TO THE EXTENT THAT CERTAIN CIRCUMSTANCES ARE NOT CURED BEFORE THE BOARD MEETING. CONSIDER ISSUES RELATED TO POSSIBLE BREACH OF CONTRACT BY ORINDA MORAGA DISPOSE-ALL Mr. Dolan, General Manager-Chief Engineer, stated that Mr. Rick Norris, attorney for Orinda Moraga Dispose-All, requested that this item be taken out of order at the beginning of the meeting. It was noted that Mr. Norris was not present. President Menesini reverted to the order of the agenda. a. 3) 5. REPORTS GENERAL MANAGER-CHIEF ENGINEER 1 ) Mr. Dolan, General Manager-Chief Engineer, stated that staff proposes to send a letter to the school districts to inform them of the District's capital charges and to provide the opportunity for a dialogue with the school districts to ensure that they understand and are aware of the rates and the basis for them. The draft letter was distributed in the agenda packet for the Board's review and comments. Members Rainey and Boneysteele suggested editorial changes to the first paragraph on page one and to the description of the Headworks Facilities Improvement Project on page two. Mr. Dolan thanked the Board for their input and indicated that the draft letter will be revised taking the Board's input into consideration. 2) Mr. Dolan, General Manager-Chief Engineer, introduced Associate Engineer Jim Coe, who provided an update on the East Bay Municipal Utility District (EBMUD)/Central Contra Costa Sanitary District (CCCSD) Recycled Water Project. Mr. Coe reviewed the revised project scenario and changes in assumptions made since the last report to the Board. It is now assumed that the project will provide 1,233 acre feet per year of recycled water at a cost of $980 per acre foot. Mr. Coe reported that on January 9, 1996, the EBMUD Board considered the proposed project and concluded that the project is feasible, that the phased approach is preferred, that a contract is preferred over a joint powers agreement, that water quality impacts are insignificant, and that they are ready to proceed with a jointly funded California Environmental Quality Act (CEQA)/Facilities Plan and then with a project agreement. Based on these preliminary findings staff will proceed with a conceptual project definition and draft Principles of Agreement. A Board workshop will be scheduled to review these issues. Mr. Coe stated that a presentation on the Contra Costa Water District/Central Contra Costa Sanitary District Zone 1 rate schedule will be made at the February 1, 1996 Board Meeting. A market test with four potential customers will then be done prior to final Board approval. President Menesini thanked Mr. Coe for the update. Mr. Dolan, General Manager-Chief Engineer, reported that work is progressing on the Permanent Household Hazardous Waste Collection Facility. The comment period on the draft planning study previously distributed to the Board has closed. One comment was received. It was from Contra Costa County and indicated that a land use permit would be required. The draft study has now been finalized and copies were distributed to the Board. The project is moving forward expeditiously. Staff is proceeding with a Negative Declaration and investigating ways to expedite the design and construction process. 01 11 96 10 b. 01 4) Mr. Dolan, General Manager-Chief Engineer, reported that progress is being made on staffing and establishment of the office for the Central Contra Costa Solid Waste Authority (CCCSWA). The Cities of Lafayette and Orinda and the Towns of Danville and Moraga have requested membership in CCCSWA. The question of the number of representatives per member agency has been raised. Work is progressing on a commercial recycling program and "on property" (backyard) service. These issues will be considered at the January 25, 1996 CCCSWA Board Meeting. 5) Mr. Dolan, General Manager-Chief Engineer, announced that the District is currently advertising for pipeline locating services with an estimated cost of $50,000. 6) Mr. Dolan, General Manager-Chief Engineer, announced that the Contra Costa Special Districts Association will meet on January 20, 1996. Three elections will be held at that meeting: . Election of two special district representatives to the Local Agency Formation Commission (LAFCO); . Election of Chair and Vice Chair of the Contra Costa Special Districts Association; and . Election of a representative for the County Oversight Committee. The District's representative, Member Rainey, will be attending the California Association of Sanitation Agencies (CASA) meeting on that date. Following discussion, it was the consensus of the Board that the District's alternate representative, Member Hockett, be empowered to vote in Member Rainey's absence and that the Secretary of the District so advise the Contra Costa Special Districts Association. 7) Mr. Dolan, General Manager-Chief Engineer, announced that the pumping stations all performed adequately during the December 1995 storm and power outages thanks to the diligent efforts of the pumping station crews and improvements made to facilities in recent years. Mr. Dolan thanked the Board for their support of the capital projects that upgraded capacity and standby power. The storm highlighted a few areas where some further improvements would be helpful. These will be considered in Capital Improvement Budget process. 8) Mr. Dolan, General Manager-Chief Engineer, announced that Tracor had a TCE spill which caused contamination of their trucked waste. Tracor is being assessed an administrative fine of $12,000. In addition, Tracor will be undertaking a $58,000 hazardous materials training program. 9) Mr. Dolan, General Manager-Chief Engineer, announced that staff continues to work on cleanup and claims adjustment relative to the property damage overflow in the Blackhawk area. In one of the properties, the range of damage appears to be on the order of $10,000. In the other, the owner is presenting a claim on the order of $57,000. Following a brief discussion, it was agreed that this item be calendared for a report at the next Board Meeting. COUNSEL FOR THE DISTRICT 1 ) Mr. Kenton L. Aim, Counsel for the District, announced that the District has been served with a complaint in the matter of Robert a. Whitfield and Virginia Whitfield v. Robert P. Whitmer, Patricia A. Oliverio, et ai, because the District has property rights in the area and one of the causes of action is a quiet title. This matter will be calendared if Board action is required. 11 96 11 2) Mr. Aim, Counsel for the District, announced that Acme Fill Corporation has filed a Government Code claim against the District dealing with the landfill. That claim is being processed at the staff level. c. SECRETARY OF THE DISTRICT None Noting the presence of Mr. Rick Norris, attorney for Orinda Moraga Dispose-All, President Menesini departed from the order of the agenda to consider Item 6.a., Solid Waste. 6. SOLID WASTE a. TO THE EXTENT THAT CERTAIN CIRCUMSTANCES ARE NOT CURED BEFORE THE BOARD MEETING. CONSIDER ISSUES RELATED TO POSSIBLE BREACH OF CONTRACT BY ORINDA MORAGA DISPOSE-ALL: AND CONSIDER APPROPRIATE ACTION Mr. Dolan, General Manager-Chief Engineer, stated that a position paper describing the situation as of Monday morning was provided in the agenda packet and items of correspondence were attached to the position paper. The District and Orinda Moraga Dispose-All had agreed that on January 8, 1996 the financial records of Orinda Moraga Dispose-All would be made available to an auditor appointed by the District. Staff did not know with certainty that had taken place until Monday night. Also, Orinda Moraga Dispose-All had been given until close of business on Monday, January 8, 1996, to remit payment of the outstanding balance of franchise and legal impound fees. A position paper that would provide flexibility was prepared to allow the Board to hear the item or to defer it. Mr. Dolan reported that since that time, the District's auditor from the CPA firm of Hemming Morse was granted entry to the Orinda Moraga Dispose-All office and was provided with some financial records. The auditor requested more information, some of which was forthcoming and some has not been provided. At this time staff cannot tell the Board that the breach has been cured but the process is underway. Therefore, it may be necessary to announce a Special Board Meeting to initiate litigation or to take some other action relative to the breach. Mr. Dolan stated that at this time he has found that two breaches have occurred. There was a failure to produce records, and past-due monies have not been paid to the District. Mr. Dolan recommended that further progress be made on the audit before a recommended course of action is presented for Board consideration. Mr. Dolan recommended that action be deferred on this matter and that staff be directed to bring the matter back to the Board as appropriate. Mr. Rick Norris, attorney for Orinda Moraga Dispose-All, apologized for being late and thanked the Board for deferring action on this item. It was moved by Member Rainey and seconded by Member Hockett, that action on the possible breach of contract by Orinda Moraga Dispose-All be deferred and that staff be directed to bring back the matter as appropriate. There being no objection, the motion was approved with Member Dalton being absent. Mr. Aim, Counsel for the District, left the meeting at the hour of 3:55 p.m. Mr. Mark Cornelius, Associate Counsel for the District, was present. At this time, President Menesini reverted to the order of the agenda. 5. REPORTS d. BOARD MEMBERS 1) The update on solid waste issues was consolidated with the General Manager-Chief Engineer's report on solid waste matters. 2) Ms. Deborah Ratcliff, Controller, reported that the Board Budget and Finance Committee met on December 19, 1995 to receive the 1993-1994 and 01 11 96 12 1 994-1995 Internal Audit Report of Contractor Project Payments, Investments, Fixed Assets, and Travel Expense Reports and to receive the staff response. The Internal Audit, conducted by Johnston, Gremaux & Rossi and Rosemary C. Belland, CPA, found these areas to be in good order and noted no discrepancies. Ms. Ratcliff reviewed the Internal Audit Report findings and recommendations and noted the staff responses. Copies of the Internal Audit Report were previously distributed to the Board. President Menesini thanked Ms. Ratcliff for the report and noted receipt of the Internal Audit Report for 1993-1994 and 1994-1995 and the staff responses. 6. SOLID WASTE a. TO THE EXTENT THAT CERTAIN CIRCUMSTANCES ARE NOT CURED BEFORE THE BOARD MEETING. CONSIDER ISSUES RELATED TO POSSIBLE BREACH OF CONTRACT BY ORINDA MORAGA DISPOSE-ALL: AND CONSIDER APPROPRIATE ACTION This item was taken out of order earlier in the agenda. 7. ENGINEERING CONSIDER DEVELOPER REQUEST TO PROVIDE SEWER SERVICE TO A PROPOSED RESIDENTIAL DEVELOPMENT ON KINROSS DRIVE IN WALNUT CREEK a. This item was taken out of order earlier in the agenda. a. 8. CORRESPONDENCE NOTE RECEIPT OF LETTER DATED DECEMBER 15, 1995 FROM TRANSFER COMMITTEE CHAIRMAN MR. PAUL W. CORNELL OF WALNUT CREEK, REGARDING THE SEWER TRANSFER PROGRAM BETWEEN ROSSMOOR AND CCCSD AND COMMENDING MESSRS. JAY MCCOY, CURT SWANSON, TOM TRICE. JOHN LARSON. AND COLLECTION SYSTEM OPERATIONS STAFF ON THEIR LEVEL OF EXPERTISE AND ATTITUDE Receipt was noted of the letter dated December 15, 1995 from Transfer Committee Chairman Mr. Paul W. Cornell, of Walnut Creek, regarding the sewer transfer program between Rossmoor and Central Contra Costa Sanitary District and commending Messrs. Jay McCoy, Curt Swanson, Tom Trice, John Larson, and Collection System Operations staff on their level of expertise and attitude. President Menesini was joined by the Board in commending staff for their outstanding efforts and the very positive public image they project of the District. Mr. Dolan, General Manager-Chief Engineer, stated that he would pass on the Board's compliments to staff. 9. APPROVAL OF MINUTES MINUTES OF DECEMBER 7. 1995 a. It was moved by Member Hockett and seconded by Member Boneysteele, that the minutes of December 7, 1995 be approved as presented. There being no objection, the motion was approved with Member Dalton being absent. b. MINUTES OF DECEMBER 21. 1995 It was moved by Member Hockett and seconded by Member Boneysteele, that the minutes of December 21, 1995 be approved as presented. There being no objection, the motion was approved with Member Dalton being absent and Member Rainey abstaining because she was not present at the meeting of December 21, 1995. 01 11 96 13 10. APPROVAL OF EXPENDITURES EXPENDITURE LIST DATED JANUARY 11. 1 996 a. 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 January 11, 1996 including Self-Insurance Check Nos. 101041- 101042, Running Expense Check Nos. 93828-94108, Sewer Construction Check Nos. 16581-16632, and Payroll Check Nos. 40642-40926, be approved as recommended. There being no objection, the motion was approved with Member Dalton being absent. 11. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 12. ANNOUNCEMENTS/SUGGESTIONS FOR FUTURE AGENDA ITEMS A report of the overflow in the Blackhawk area will be calendared for discussion at the February 1, 1996 Board Meeting. 13. CLOSED SESSION a. INITIATION OF LITIGATION The scheduled closed session was not held. 14. REPORT OF DISCUSSION IN CLOSED SESSION None 15. ADJOURNMENT There being no further business to come before the Board, President Menesini adjourned the meeting at the hour of 4:33 p.m. A 4 '& '. .-/ ~ ( tÙ'L ~ / .P-'1,~~ President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: 01 11 96