HomeMy WebLinkAboutBOARD MINUTES 01-11-96
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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
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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.
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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:
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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
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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.
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------------------------------.----- .-----
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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:
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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.
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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.
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a.
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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.
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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.
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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
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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.
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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:
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