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HomeMy WebLinkAboutBOARD MINUTES 02-05-96 26 MINUTES OF THE ADJOURNED REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON FEBRUARY 5, 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 10:00 a.m. on February 5, 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. LEGAL/LITIGATION DENY AMENDED CLAIM OF ACME FILL CORPORATION DATED JANUARY 19. ~ a. Mr. Kenton L. Aim, Counsel for the District, stated that the District received a Government Code claim from Acme Fill Corporation. The claim was originally received between Christmas and New Years in 1995 and was returned because it did not contain information as to the date of the occurrence of the claim and it appeared to be related to the ongoing Acme litigation. On January 19, 1996 an amended claim was received that made it clearer that the claim did relate to the Acme litigation. The claim would allow Acme to file State Court causes of action which Acme has been precluded from filing to date in this lawsuit against the municipalities (cities and sanitary districts). When the State Court causes of action were filed previously against municipalities, they were dismissed as against public agencies because Acme had not filed claims. Mr. Aim stated that he believes that this claim is untimely. It is recommended that the Board return the claim presented as untimely; and additionally to the extent that any of the portions of the claim are not subject to late claim provisions, that they be denied. It was moved by Member Rainey and seconded by Member Hockett, that the amended claim of Acme Fill Corporation dated January 19, 1996 be returned as untimely; and to the extent applicable, that the claim be denied. There being no objection, the motion was approved with Member Dalton being absent. a. 4. ITEMS HELD OVER FROM PREVIOUS BOARD MEETING CONSIDERATION OF BOARD ACTION ON ALLEGED BREACHES OF ORINDA- MORAGA DISPOSAL SERVICE. INC. SOLID WASTE FRANCHISE AGREEMENT AND CURE OR FAILURE TO CURE SAME (HELD OVER FROM JANUARY 11 AND FEBRUARY 1. 1 996) Mr. Aim, Counsel for the District, stated that this matter was held over to allow Mr. Doug Lomow and Orinda-Moraga Disposal Service, Inc. (OMDS) an additional opportunity to cure the alleged breaches of its solid waste franchise agreement. Mr. Aim stated, however, that no additional records have been produced nor additional information presented. Ms. Deborah Ratcliff, Controller, agreed, stating that no additional records were provided beyond the copies of records Mr. Dan Ray, of Hemming Morse, was allowed to make last Thursday, February 1, 1996. In addition, Mr. Doug Lomow has not returned telephone 02 05 96 27 calls. Ms. Ratcliff stated further that no payment of past due franchise fees or legal impound fees has been received. Mr. Richard Norris, attorney for OMDS, was present but stated that he had no comment. At this time, President Menesini proceeded to Item 5., Closed Session. 5. CLOSED SESSION a. INITIATION OF LITIGATION The closed session was held to discuss initiation of litigation pursuant to Government Code Section 54956;9(c). One potential case was discussed. At 10: 18 a.m., President Menesini declared the closed session to discuss litigation pursuant to Government Code Section 54956.9(c). At 11 :32 a.m., President Menesini concluded the closed session and reconvened the meeting into open session with all parties present as previously designated. At this time, President Menesini reverted to the order of the agenda. a. 4. ITEMS HELD OVER FROM PREVIOUS BOARD MEETING CONSIDERATION OF BOARD ACTION ON ALLEGED BREACHES OF ORINDA- MORAGA DISPOSAL SERVIC~C. SOLID WAS"Œ.E.RANCHISE AGREEMENT AND CURE OR FAILURE TO CURE SAME (HELD OVER FROM JANUARY 11 AND FEBRUARY 1. 1996) Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that consideration of Board action on alleged breaches of OMDS solid waste franchise agreement and cure or failure to cure same was held over from two previous Board Meetings and was fully discussed prior to this time. Prior to going into closed session a report was made that no further information has been provided and no payment or offer to payor alternative payment procedure offer has been made. Additionally, no further promise in terms of production of additional documents has been made since Thursday, February 1, 1996, when this matter was last discussed. Mr. Dolan stated that the material breaches of the OMDS solid waste franchise agreement continue to exist and have not been cured. It was moved by Member Rainey and seconded by Member Hockett, that the Board of Directors confirms the determination of the General Manager-Chief Engineer that material breaches of the OMDS solid waste franchise agreement exist as to failure to allow appropriate inspection of records and failure to pay past due franchise fees and legal impound fees. Motion approved on the following roll call vote: AYES: Members: Rainey, Hockett, Boneysteele, Menesini NOES: Members: None ABSENT: Members: Dalton 5. CLOSED SESSION INITIATION OF LITIGATION a. This item was taken out of order earlier in the agenda. 6. REPORT OF DISCUSSIONS IN CLOSED SESSION Mr. Aim, Counsel for the District, reported that pursuant to Section 54957.1 (a) Subsection 2 of the Government Code, on a 4/0 vote the Board of Directors authorized initiation of legal action. Further details of that action, including particulars of the parties, will be provided to anyone requesting such materials at the time the action is filed. 02 05 96 28 7. REPORTS GENERAL MANAGER-CHIEF ENGINEER a. None b. COUNSEL FOR THE DISTRICT None c. SECRETARY OF THE DISTRICT None d. BOARD MEMBERS None 8. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 9. ANNOUNCEMENTS/SUGGESTIONS FOR FURTHER AGENDA ITEMS None 10. ADJOURNMENT There being no further business to come before the Board, President Menesini adjourned the meeting at the hour of 11 :38 a.m. A/f;. '1tä -. '-0..-/ í" ref} / t11£' /fA ~ esident of the Board of ~tors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: 0'") Id 05 96