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Home My WebLink AboutAGENDA BACKUP 03-21-96 Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 2 BOARD MEETING OF March '21.. 1996 NO. 3. CONSENT CALENDAR c. SUBJECT EXECUTE LICENSE AGREEMENT WITH ROBERT A. AND VIRGINIA WHITFIELD, JOB 806, lOCATED AT 22 CATHY lANE, DANVlllE DATE February 27, 1996 TYPE OF ACTION APPROVE LICENSE AGREEMENT SUBMITTED BY Dennis Hall Associate Engineer INITIATING DEPT.lDIV. Engineering Departmentl Infrastructure Division ISSUE: The subject license is required to permit the continued discharge of storm water into a drainage ditch located within a District sewer easement. BACKGROUND: The Whitfields have filed suit against their neighbors to permit them to continue to discharge storm water into a ditch within the neighbor's property. Central Contra Costa Sanitary District (CCCSD) was named in the suit because the ditch is located within a CCCSD easement. District counsel has negotiated with the Whitfields, and they have agreed to remove us from the lawsuit in exchange for the subject License. The subject License requires the Whitfields to recognize that the District has prior rights in our easement area and that their use is secondary to the District's. The License requires the Whitfields to take out liability insurance in the amount of $500,000 naming CCCSD as an additional insured. The License also makes the Whitfields responsible for restoring their improvements and landscaping whenever they are disturbed by this District. Staff has determined that this project is exempt from the California Environmental Quality Act (CEOA) under District CEOA Guidelines, Section 18.6, since it involves a minor alteration in land-use limitations. Board of Directors' approval of this project will constitute an independent finding that this project is exempt from CEQA. RECOMMENDATION: Approve License Agreement with Robert A. Whitfield, et ux, Job 806; authorize the President of the District Board of Directors and the Secretary of the District to execute said License and authorize the License to be recorded. RE~EWEDANDRECOMMENDEDFORBOARDAcnON 1302A-7/91 j:J~ DH fI/Pf $f/J' / ' I CWS JSM RAB INITIATING DEPT.lDIV. S N,! G<l-~ / , '?''',,(t;;' 't 4~i ~ ~ o~(: < ~ -<..: u<<-? o , , , , , , '- '- , '- / / i ORA\N p\pE SURfACE ~ SURFACE DRAIN PIPES ~ WHITFIELD 200-170-013 . I FENCE .----- #22 CATHY LANE >SURFACE DRAIN PIPES CATHY LANE LICENSE AGREEMENT JOB NO. 806 DANVILLE AREA Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 1 BOARD MEETING OF March 21, 1996 NO. 3. CONSENT CALENDAR d. SUBJECT SET APRIL 18, 1996, AT 2 P.M. AS THE DATE AND TIME FOR A PUBLIC HEARING PRIOR TO CONSIDERING APPROVAL OF A NEGATIVE DECLARATION AND THE PERMANENT HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITY, DP 7165 DATE March 18, 1996 TYPE OF ACTION SET PUBLIC HEARING DATE SUBMITTED BY Russell B. Leavitt, Planning Assistant INITIATING DEPT.IDIV. Engineering Department/Planning Division ISSUE: District practice is to hold a public hearing prior to the Board's consideration of a Negative Declaration and project approval. BACKGROUND: A Negative Declaration has been prepared for the Permanent Household Hazardous Waste (HHW) Collection Facility, DP 7165. The District is working with the Mt. View Sanitary District to develop this facility at 4737 and 4797 Imhoff Place, adjacent to the District's wastewater treatment plant, to provide central Contra Costa County residents and "small quantity generator" businesses with a safe, cost-effective, reliable, and convenient method for disposing of HHW. The proposed project will be a fixed-site facility, as compared to the periodic collection events currently provided by the mobile collection program. Suitable, reusable materials (such as partially used home and garden care products) will be included in a waste exchange program. Latex paint will be bulked, repackaged, and also included in the waste exchange program. The remaining HHW will be lab packed in secondary. containers (such as 55-gallon drums or palletized lined boxes) or bulked (e.g., used motor oil and anti-freeze), and stored for shipment to an off-site hazardous waste recycling or treatment/disposal facility. While not required by law or the District's procedures, it has been the District's customary practice to hold a public hearing in advance of considering the adoption of a Negative Declaration on a major project. RECOMMENDATION: Set April 18, 1996, at 2 p.m., as the date and time for a public hearing prior to considering approval of a Negative Declaration and the Permanent HHW Collection Facility, DP7165. 1302A-7/91 RBL DEB DJC RAB REVIEWED AND RECOMMENDED FOR BOARD ACT/ON INITIATING DEPT./DIV. %c ;Jrc g bf f/ffb Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 1 BOARD MEETING OF March 21, 1996 NO. 6. ENGINEERING a. SUBJECT AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO ALLOCATE $25,000 FROM THE COLLECTION SYSTEM PROGRAM CONTINGENCY ACCOUNT FOR THE M-4B FORCE MAIN REPAIR PROJECT, DP 4781 DATE March 15, 1996 TYPE OF ACTION AUTHORIZE FUNDS SUBMITTED BY Curtis W. Swanson Principal Engineer INITIATING DEPT.lDIV. Engineering Department! Infrastructure Division ISSUE: The Board of Directors must authorize allocations in amounts greater than $25,000 from the Capital Improvement Program Contingency accounts. BACKGROUND: On November 2, 1995, the Board of Directors declared an emergency and authorized $50,000 for repair of the M-4B Parallel Force Main. District staff, contractors, and suppliers proceeded to locate, excavate, and repair leaks at two locations in the force main. Subsequent pressure testing failed. Staff then proceeded to do further leak detection and has determined the existence of three, and probably four, additional leak locations. The number of leaks is currently based on the best available information. More leaks may be identified as a result of future work. The cost of the detection and repair efforts to date will exceed the $50,000 authorized by the Board of Directors. Staff expects that the cost of the repair efforts will approach $75,000 based on current estimates. After the last repair and subsequent leak detection effort, staff approached the construction contractor who installed the M-4B pipeline in 1991 and 1992. After a series of negotiations, the contractor has verbally agreed to repair and pressure test the M-4B force main and reimburse the District $37,500 for costs incurred to locate and repair leaks. The contractor has indicated that its forces will be available to start the repair work in April 1996. Board authorization of the additional $25,000 is needed to cover staff costs until the contractor makes the reimbursement payment. RECOMMENDATION: Authorize the General Manager-Chief Engineer to allocate $25,000 from the Collection System Program Contingency Account for the M-4B Force Main Repair, DP 4781. RE~EWEDANDRECOMMENDEDFORBOARDAcnON CWS JSM RAB INIT7~DIV. ~ Nr 1302A-7/91 ~ ~entral Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 1 BOARD MEETING OF March 21, 1996 NO. 1. LEGAL/LITIGATION a. SUBJECT DENY CLAIM FOR PROPERTY DAMAGE BY THOMAS R. AND LINDA S. LEONARD DATE March 15, 1996 TYPE OF ACTION DENY CLAIM SUBMITTED BY Bonnie Allen, Risk Manager INITIATING DEPT./DIV. Administrative/Risk Management & Safety Issue: Thomas R. and Linda S. Leonard have filed a claim against the District for property damage. The claim arises out of a sewage backup involving their residence. Claim denials require action by the Board of Directors. Backaround: The claim alleges that a sewer backup on December 18, 1995, caused damage to their pool house, pool and landscape at 41 Willow Creek Lane, Danville. The claim includes significant amounts for repair and replacement costs. Since both issues of liability and of the costs for repair and replacement remain unresolved, the claim should be denied and efforts continued to resolve the claim. Recommendation: Deny the claim by Thomas R. and Linda S. Leonard for property damage. Refer to staff for further action as required. SA PM RM&S/C:\wpwinllegallleonard.pp ~Central Contra Costa Sanitary District J. BOARD OF DIRECTORS PAGE 1 OF 1 BOARD MEETING OF March 21, 1996 NO. 7. LEGAL/LITIGATION b. SUBJECT DENY CLAIM FOR PROPERTY DAMAGE BY STEPHEN P. BEINKE DATE March 15, 1996 TYPE OF ACTION DENY CLAIM SUBMITTED BY Bonnie Allen, Risk Manager INITIATING DEPT./DIV. Administrative/Risk Management & Safety Issue: Stephen P. Beinke has filed a claim against the District for property damage. The claim arises out of a sewage backup involving his residence. Claim denials require action by the Board of Directors. Backoround: The claim alleges that a sewer backup on December 18, 1995, at his residence at 161 Willow Creek Lane, Danville caused extensive damages to his residence, pool house and landscape. The claim includes significant amounts for property damage repair, emotional distress and general damages. Since both issues of liability and of the costs for damages remain unresolved, the claim should be denied and efforts continued to resolve the claim. Recommendation: Deny the claim by Stephen P. Beinke for property and other damages. Refer to staff for further action as required. SA PM RM&S/C:\wpwin\legal\beinke.pp