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Home My WebLink AboutAGENDA BACKUP 04-05-90 . Centrai Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 2 POSITION PAPER BOARD MEETING OF AprilS, 1990 NO. IV. HEARINGS 1 SUBJECT DATE HOLD A PUBLIC HEARING AND ADOPT AN ORDINANCE TO MAKE CHANGES TO THE DISTRICT CODE RELATED TO REQUIREMENTS FOR INSURANCE FOR PRIVATE SEWER CONTRACTORS A ril 2 1990 TYPE OF ACTION ADOPT NEW INSURANCE REQUIREMENTS SUBMlTTED BY Jay S. ~1cCoy Construction Division Manager INITIATING DEPT/DIV Engineering Department/ Construction Division ISSUE: The Board must adopt an ordinance to make changes to the District Code related to insurance requirements for private sewer contractors. BACKGROUND: The Board of Directors, at its March 1, 1990, Board meeting established March 15, 1990, as the date for a public hearing for the purpose of considering changes to requirements for insurance for private sewer contractors. The date for the public hearing was subsequently rescheduled to April 5, 1990. The reasons for the insurance changes were explained in more detail in the position paper for the March 1 meeting. Several reasons for the changes are repeated below for ready reference. Staff has reviewed its role relative to insurance certificates and has determined that if the District ceases to routinely monitor these certificates, the potential for the creation of a mandatory duty to monitor and maintain updated certificates will be lessened. If the District does not impose on itself a mandatory duty through its actions and policies, the liability of the District for an injury caused by a District-permitted contractor who was uninsured at the time of injury will be lessened. It is prudent to make changes to the District Code to clarify the role of the District concerning insurance requirements for contractors who perform work on private projects within the District. The proposed changes to the District Code as shown on Attachment 1 have been on file with the Secretary of the District for more than fifteen days prior to the date of the public hearing. A public hearing is required as a part of the process to make changes to the District Code. The changes will be published after adoption by the Board as required by law. RECOMMENDATION: Hold a public hearing, consider comments, and adopt an ordinance modifying Section 5.08.010 of the District Code as shown on Attachment 1. ATTACHMENT 1 PROPOSED CHANGES TO THE DISTRICT CODE ~. 08. 010 I%)suranca required. for a p&r.mit shall obtain and 1. Werltmel\J.e Workers required by California l~Wl 2. Pl1b3:ie. General and automobi~e liability insurance in amount. as .established by resolution of the Board, from "time to time, atter a public hearinq. Upon estab- lishment, thQ ~a~.a a1t\ount~ .hall ):)6 publishe~ once in the Contra Costa Times. A copy "of the !'a"4!ee amounts shall be maintained in the District offices and made available to the public upon request. B~ -!he -a~~=*eal\b -shazz -!~ze -a -ee~~~E~ea~e -ev~de~ei~~ tu\e -~~!~~a1'\cse -wi~ -~1\e -B~si!~~e~T - -~el'd'r -s~ -'t.t'a2:~rT -3:96't ~!"e!'-eeae-See~*e~-:e-ee=T B. It is the contractor's .sole responsibility to obtain and maintain Wo~kers Compensation and"qeneral and automobile liab~lity insuranoe. This section 5.08.010 is not intendag nor was any previous version o~ section S.08.010 intended to oreate or impose any duty U'Pon the Distriot to insure th~t contraotor obtains and maintains this insurance. 'l'he Oi~ trict may. howevar, invastiaat~ cont~actor's insurance cover- at;Q at any tilne. Failure of the contraotor to obtain and maintain the insurance as set forth in this section may cause the denial and/or revooation of oontractor'.s permit. at the sole and absolute Qiscretion of the Distriot. A. A contractor who applies 1naintain: compensation insurance M C. It is intended that the reauirements ot this section S.08.010 are in adqition to and not the substitut~ tor other requirements imposed upon pam\! tees by law or oontract. in~ oludin9' but not limited t~ insurance re~irernents b\'oosed upon certain District contractors in provisions such "as the General Conditions and S-PGcia.l Conditions of District con- tracts. . Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 3 POSITION PAPER BOARD MEETING OF April 5, 1990 NO. V. CONSENT CALENDAR 5 SUBJECT DATE QUITCLAIM SEWER EASEMENTS TO C&H PARTNERSHIP, ALYVET CAPITOL CORP., ATC REALTY FOURTEEN, INC., AND LAND FACTORS, INC., IN THE ALAMO AREA; DISTRICT JOB NOS. 3192 AND 4624 March 26, 1990 TYPE OF ACTION APPROVE QUITCLAIM OF EASEr.1ENTS SUBMITTED BY Dennis Hall Associate En ineer INITIATING DEPT.lDIV Engineering Department/ Constru . D'" ISSUE: Bryan and Murphy Associates, the developer's engineer has requested the District quitclaim the subject easements. BACKGROUND: The subject easements were dedicated to the District at no cost when the map of subdivision 5046 was filed on October 31, 1978. The site was resubdivided on June 30, 1981 when the map of Subdivision 5980 was filed. New easements were created with the filing of Subdivision 5980, thus eliminating the need for the easements created by superseded Subdivision 5046. Public sewer lines are located within the new easements and have been accepted by the District. The District's quitclaim processing fee has been paid. The subj ect easements are no longer needed and may be quitclaimed. This project has been evaluated by staff and determined to be exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines section 18.6, since it involves a minor alteration in land use limitations. RECOMMENDATION: Approve Quitclaim Deed to C&H Partnership, Alyvet Capitol Corp., ATC Realty Fourteen, Inc., and Land Factors, Inc., Job Nos. 3192 and 4624, authorize the President of the District Board of Directors and the Secretary of the District to execute said Quitclaim Deed, and authorize the Quitclaim Deed to be recorded. REVIEWED AND RECOMMENDED FOR BOARD ACTION 1302A-9/85 DH JSM RAB J)f ~~ INITIATING DEPT.lDIV. v '.- ;' :~'::I/ ;:;~~A .;::: '..... I <e-l 'l> \ U1 ~_Tt-;;- ." '~': "~i' I ......... .......;... ,.,'..,... I <:~:'..>....".,.: :.:......-..::......, .::,.:.:.:.....".~:':_. :. ," :.~; ':,~:::..~:::..::=:;"~::: ..~. . . '.' ;-'.::>:: ", \.~::;.::. '~':;" ..:".:.. .0 ! II / SUB. 5046/ -.J. -L..-:: / 9". \ " . J \~ r ,;\ _.~ ~\~'\ Nb9039'5~r"W . ~.\ /. ): __,' \ 5 S9000'.3,"W s\ ': '"""'. '" \ 0 ~:." ~,~e.~ f3'~ ''I ~ ~~.~~ 176.41. - --.;-' ..7"~. f.o 1lfo ,~ ~.\., ~ --~.;::~--. --- ~ ~ ~ .' -- ~-- ~, ~_ ~~ '''1-0.00' -"'"';; -- -- ~- <::;;;~~~;=~~-'8 \~~~I/' .~:~. - .........--. , 14 7 .--- QurTCLA\M SUB-PARCEL ONE 12 \ \ \3 QUITCLAIM SEWER EASEMENTS JOBS 3192 and 4624 ALAMO AREA 9 en c OJ I "1J )> :IJ (') m r ~~ 8 7 o~ ~ (' ~ tP~ ~ ~ 1'~ ~--- (' ~ o 6 5 SUB. 5980 3 4 / / ;' " ; ~ QUITCLAIM SEWER EASEMENTS JUBS 3192 and 4624 ALA~lO AREA . Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 2 POSITION PAPER BOARD MEETING OF A ril 5, 1990 NO. V. CONSENT CALENDAR 6 SUBJECT DATE EXECUTE EASEMENT AGREEMENT WITH STANDARD PACIFIC GAS LINE, INC., FOR A GAS PIPELINE ON DISTRICT TREATMENT PLANT PROPERTY March 28, 1990 TYPE OF ACTION APPROVE AND EXECUTE EASEMENT AGREEMENT SUBMITTED BY Dennis Hall Associate Engineer INITIATING DEPT.lDIV. Engineering Department/ Construction Division ISSUE; Standard Pacific Gas Line, Inc., (Stan Pac), a subsidiary of P.G.& E., has offered to purchase the subject easement from the District. BACKGROUND; Stan Pac is in the process of re-aligning their facilities located to the east of the District's treatment plant property and is proposing to install a new natural gas pipeline in their existing easement across the District's property. The subject easement (810 square feet total) is necessary to accommodate the portion of the re-alignment which is adjacent to Walnut Creek channel. P.G.& E. is working with District staff to satisfy concerns related to the installation of the pipeline. The gas pipeline will be installed by boring in the new easement area. District staff and Stan Pac have negotiated a $1500 fee for the granting of the easement. District Counsel has made changes to the easement agreement to protect the District from liability associated with Stan Pac's use of the easement area. It is now appropriate to finalize the agreement. RECOMMENDATION; Pass a resolution authorizing the President of the District's Board of Directors and the Secretary of the District to execute said easement agreement and authorize its return to stan Pac for recording. REVIEWED AND RECOMMENDED FOR BOARD ACTION 1302A-9/85 DH JSM RAB INITIA TIN~ 1T.lDIV. /~ f))J} '. EXISTING E I ASEMENT (207 ____ O.Fl. 457 ) EXIST, 22";- -- --,. -- - - - _ AS PIPE L ---I-- - - - ---!'~:-:) NEW 24" --- __ PIPe LINe ---- t\te~ ~4.s~4! ~t\t.,. -- -- - -- 1 -- ---- -- DETAIL -- -- ." .---' ji cCc -rJ MiZ f' / / "ec:J-;' 0' ~~-~ . ":':f;1 . , ---~~ ,:~. .~,. .::~; - ;;'" . ~~;~!"'" ~~~{1 ,,/:;y , -\~ iff 'F ~I C'U..o.. i~: - \ ' . ~~4:. ~;~. " \): \~.. ,~ <8 Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER SUBJECT 1990 NO. V. CONSENT CALENDAR 7 PAGE 1 OF 4 DATE March 27, 1990 AUTHORIZATION FOR P. A. 90-5 (ALAMO) P.A. 90-6 (ALAMO) AND P. A. 90-7 (LAFAYETTE) TO BE INCLUDED IN A FUTURE ANNEXATION TO THE DISTRICT SUBMITTED BY Dennis Hall, Associate Engineer Parcel No. Area 90-5 Alamo (7705 ) 90-6 Alamo (77E5 ) 90-7 Martinez (44C5 ) TYPE OF ACTION ACCEPT ANNEXATION FOR PROCESSING INITIATING DEPT.lDIV. Engineering Dept./Construction Division Owner Address Parcel No. & Acreage Errol J. Davidson 1331 Danville Blvd., Alamo, CA 94507 198-040-009 ( 0 . 5 ac.) w. Dinsmore 271 South Ave. Alamo, CA 94507 198-093-008 ( 0 . 5 ac.) H.S. Muchlinski c/o Lafayette Hidden Ponds II Partners 40 Main st. Los Altos, CA 94022 365-160-24 & 25 (17.41 ac.) Remarks One new single family home to be built on site. District to pre- pare "Notice of Exemption." Existing house on septic system. Owner plans to build addition to house and wants to connect to public sewer. District to prepare "Notice of Exemption." Future Sub. 7144 consisting of 22 single family homes. E.I.R. prepared for Contra Costa County "Hidden Pond Hills." RECOMMENDATION: Authorize P.A. 90-5, 90-6 and 90-7 to be included in a future formal annexation. INITIATING DEPT.lDIV. JQ( 1302A-9/85 DH Lead Agency CCCSD CCCSD Contra Costa County REVIEWED AND RECOMMENDED FOR BOARD ACTION f:~ JSM RAB 0'\ -4 ,.. 5'" \- PROPOSED ANNEXATION P .A. 90-5 /' I ' , " , , , PROPOSED ANNEXATION P .A. 90-6 ,"'~ < w ~..< .. <~; /~\~ --: ~!.:j 0..0 -......, ~ ~ u ~ .1 "\ " nii~ ';":,.iiiW:' ...i.... +.. "'+; <.. ~ ~ 2I~ ~:.ii..... / / / / CI ,. I ~ ." " ~ ..... 0, - , 16 :>-J!)'::~, Is . 10 _ ~ 24 !l.-.L. '1 liT 2 I 25 2 AC e 1I6 ..=) 24 ..~" ~ R UI./ T I~ ~'7~ ~, -..;::;:;- '" ,~~I It ,. . .~ . · ....... ....:K. .~ ~. ',~ I C ~. f) I '/ '1 II i- 4 ' ~ &4, . _,p!..:<:'" .. D ~ 4 # 14 .. _ ss ~.Z4I<o'l ~ t:: ~.;?\. .. QI U. 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CONSENT CALENDAR 8 March 26, 1990 SUBJECT DATE CONFIRM "AMENDED ASSESSMENT DIAGRAM" AND APPORTION ASSESSMENT AMOUNTS AND AUTHORIZE RECORDING OF SAID DIAGRAM, LOCAL IMPROVEMENT DISTRICT 56, WALNUT CREEK AREA TYPE OF ACTION APPORTIONMENT OF LID BONDS SUBMI.ITED BY, 11 lJennlS Ha Associate Engineer INITIATlfllG DEPT/PIV Englneerlng Department/ Construction Division ISSUE: The property owner, Western Sierra Company, has requested this District to apportion the bond which is outstanding on a parcel of land in Local Improvement District (LID) 56. BACKGROUND: The original parcel in LID 56 assigned assessment number 56-10 has recently been split into three parcels. The new parcels are shown on the attached amended assessment diagram and are assigned assessment numbers 56-25,-26and 56-27. In accordance with section 8730 of the Streets and Highways Code, the District is required to apportion the LID bond amount on the original parcel to the newly created parcels. The auditor can then prepare a tax bill for each new parcel. The original parcel of land was assessed as two units. since the original parcel has been split into three new parcels, two of the new parcels can receive one unit of assessment and the third parcel can receive a $0.00 assessment as requested by the owner. The following is a summary of the apportioned assessments: Assessment No. Amount Amended Assessment No. Assessment Amount 56-10 $18,620.69 56-25 56-26 56-27 $9,310.34 $ 0.00 $9,310.35 RECOMMENDATION: Confirm the amended assessment diagram and apportion assessment amounts and authorize the recording of said diagram. 1302A-9/85 ~~/ ldIL~ JSM RAB REVIEWED AND RECOMMENDED FOR BOARD ACTION INITIATING DEPT.lDIV. OPEN SPACE AREA APPORTION LID BOND LID 56-10 WALNUT CREEK AREA . Centra~ ~ontra Costa Sanitary ..Jistrict BOARD OF DIRECTORS PAGE 1 OF 3 POSITION PAPER BOARD MEETING OF April 5, 1990 NO. VII. COLLECTION SYSTEM DATEApril 3, 1990 1 SUBJECT AUTHORIZE THE ATTENDANCE OF J OYE KURASAKI, ASSOCIATE ENGINEER, AT "NO DIG 90" CONFERENCE ON APRIL 23-25, 1990 TYPE OF ACTION AUTHORIZE TRAVEL SUBMITTED BY J oh n Larson, Manager INITIATING DEPT./DIV. Collection System Operations Department ISSUE: Approval of the Board of Di rectors is requi red for unbudgeted travel outsi de of Cal iforni a andlor where the expense will exceed $500. Approval of the Board of. Directors is required to exceed the Technical Training, Conferences, and Meetings 1 ine item in the O&M Budget. BACKGROUND: The District's collection system is aging. One third of the facil ities are located in easements on private property. Many of the small diameter sewers, installed early in the District's history, are in need of repl acement or rehabi 1 itati on in order to control rapi dl y esca 1 ati ng mai ntenance requi rements, structural fail ures, and high rates of inflowl infiltration. The conventional methods of replacement that are practiced in North America are both costly and disruptive. Trenchless (No Dig) methods have been developed in Engl and, Europe, and Japan. Very 1 ittl e of thi s technology has reached North America. As the direct result of the attendance of District employees (Dave Will iams and John Larson) at the Trenchless Technology conferences in 1987 and 1988, pipebursting and guided directional drilling have been demonstrated successfully (over 11 ,000 feet of sewer have been repl aced in very difficul t locations). CCCSD was the first local agency in North America to employ pipe bursting and guided directional drilling. Significant strides have been made in the No Dig technologies since 1988. The gains have occurred primarily in the European community. The next Trenchless Technology conference and equipment show, "No Dig 90," will be in Rotterdam, the Netherlands, April 23-25, 1990. The timing and location of this conference will attract all of the major new technologies. Attendance by Joye Kurasaki, Associate Engineer, will provide District staff with the latest information (through a formal, on-site seminar) and provide contacts for access to the best technologies. A copy of the conference program is attached for information. The cost of attendance at this conference would be $2,900 for travel, lodging, and registration. This cost of this conference was not included in the 1989/90 O&M Budget. The cost would cause an overrun in the Technical Training, Conferences, and Meetings account; however, there are adequate funds in the CSOD O&M Budget to cover the overrun. REVIEWED AND RECOMMENDED FOR BOARD ACTION SUBJECT AUTHORIZE THE ATTENDANCE OF JOYE KURASAKI, ASSOCIATE ENGINEER, AT "NO DIG 90" CONFEREN~ (}J APRIL 23-25, 1990 POSITION PAPER 2 3 OF PAGE DATE April 3, 1990 RECOMPoENDATION: Authorize the attendance of J oye Kurasaki at the "No Di g 90" Conference and Eq ui pment Show in Rotterdam, The Netherl ands, on April 23-25, 1990, and authorize CSOD to overrun its Technical Training, Conferences, and Meetings account by $2,700. Attachment 13028-9/85 ;r. C; ? c: :::> c: 0: V, u 0. Q:. ?t :;: ~~ ..c:,8 - .., E.= (/) - c.:i", .c: <.I) c: ii is ] ;;:;0 c:; :;:. ~ -v; g;c :E ~~ E ..c: ~ ~ ~.2';: VI z~~ c( c~u ~;;;,~ ~ ~ .:.S: ~ c: = ~~~c o c_~~~o VI -E:)l'tIcc;:n ~~cr;~o~~~..c: .~ ~ ~ g .~ 0 ~ ~ ~ ClU(/)CC~:;:ccc--, 000 N..._ cio~ --- ~. E "' "0 ~ IV - - o 0:: o 0') taD Q o Z N ...... t: "' ~ taD o ~ n. .~ 0 Cl.o Cl: . o >,N ... . ~o cO :>0:> (f) _ c:i '" c: '" ~ x CD lI'l U ~ '" t C C::: ~ g- ~ ~ o ~ "-' c ... 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"' "0 I/) CI> ~ <: o V) v; ...., V) c o .~ oee ooe ~~~ , I coo C...,.., ~cr;o:: ...., "" ,.."..~"::: r-";",, -.",~ :: a:::... ~~~ >- - v ~~~ ::: _ 'to c - . ::~s .c J:. )( CI> I/) ~ ::l o J:. taD c c CI> 0- o u; i: ~ "5 '" v;c: ~8 Dc: ~~ o~ ~g <: Vl OE i:::O ~..c: -.J~ -.J--; ~ .. .....c: ~E ~= ""'~ ~u Vl ~ ~ cU ~ ~~ ;:: E...... ....._ -c - ..... ~ ~ f:" ~;- ~~ ic3 .::~ u_- o~ ~.~ ..c:ci Ell: ~"C ~:;; ~.~ . c.: etiC ~5 :c:6 ~: ~ ii) .- => 'cC :~~ ~c.:i Z li; tlO .. >' c C.c: ....:; ~~ JEc: c It) 0 c:.- c: = ::E:> '" '" c: ......-v; w3: ~ -c: ~ >- ~ ~ >...0 ~u J::C: (I) "~ Vi at ~ Q,) cv":':: ,c: tt: gtl)o~~ ~~~c:: 6:E~E& acu:.co~ c: ~ ~ ~ ~ .3.::~~~ -N "'I.,. UU UU U o ~ en o . Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 2 POSITION PAPER BOARD MEETING OF A ri 1 5, 1990 NO. VII!. PERSONNEL 1 SUBJECT DATE CONSIDER A WELLNESS PROORAM FOR ll-lE CENTRAL CONTRA COSTA SANITARY DISTRICT TYPE OF ACTION EQUEST BOARD APPROV AL OR CONTINUED PLANNING SUBMITTED BY Bruce A. Lepore Safety and Loss Control Specialist INITIATING DEPT /DIV Administrative/Risk Mana ement ISSUE: The District's direct and indirect health care costs are continuing to increase. Other agencies and industries have initiated employee wellness programs in a successful effort to hel p control these costs. The CCCSD Central Safety Committee proposes that a Di stri ct well ness program be i nsti tuted begi nni ng in fiscal year 1990-91. BACKGROUND: Currently the District's health care cost averages $6,800 per year per employee. This cost is composed of the District paid health insurance premiums for Kaiser and Prudential, Workers' Compensation insurance, and the lost productivity from employee sick time. The insurance costs are expected to increase markedly over the next several years, especi ally because of the carriers cal cul ati ng the premiums based on each group contract's own claim experience. When this is combined with the increased health risks because of the high median age of the District's work force (currently 42.7 years and rising), the potential exists for a very serious impact on the District's financial resources. These problems are not unique to Central San; other employers have experienced the same di sturbi ng trends and in recent years have supported programs to encourage heal thy 1 ife styles for employees, fitness, and avoi dance of heal th ri sks. These programs have become known as "well ness programs." These programs have been in effect long enough to have shown a positive effect on employers' health care cost contai nment efforts. Usi ng the data from other successful programs, the Di stri ct staff estimates that if 40 percent of the amployees were to parti ci pate in a Voluntary program, their health care costs could be reduced by 20 percent for a new average annual health cost per participating employee of $5,400, with a net savings to the District of around $146,000 per year. For an initial program cost of $50,000 and lessor amounts expected in succeeding years, this represents an approximate maximum cost of $0.35 to the Sewer Service Charge, but a potential savings of $1.02 annually. Interest in establishing a Central San Wellness Program has arisen from nlJTlerous employees in the District, most of whom have a desire to improve their individual health and/or who have participated in a wellness program through another employer. A committee was formed under the auspices of the District's Central Safety Committee, and this Wellness Committee interviewed approximately 100 District employees and also three of the most prominent suppliers of wellness program ~e.., ut CRF N 1302A-9/85 PM SUBJECT CONSIDER A WELLNESS PROORAM FOR lHE CENTRAL CONTRA COSTA SANITARY DISTRICT POSITION PAPER PAGE 2 OF 2 DATE "Ipril 2, 1990 support operati ons in th i s area. The Well ness Committee has recommended to the District's management that: o A District Wellness Program be established beginning in FY 1990-91; o John Muir Hospital be chosen for administration and support of the program ; o $50,000 be i ncl uded in the FY 1990-91 Di strict budget proposal s for the first year funding of the program. This money would be used as follows: $5,000 for promoti onal and i nformati onal materi al s; $25,000 for equipment at the Treatment Plant and Collection System Operations Departments; and $20,000 for the John Mui r Hospital program charges. This would be a completely voluntary program consisting of an individual health assessment, identification of risk factors, and the design of a specific plan for each participant with the goal of improving that persons health to give them the best chance for a better quality of life. If the program is approved, it woul d be intended that an in-depth evaluation of it would be performed after the initial two year peri od and further recommendati ons made regardi ng the conti nuance of the program. The Board Personnel Committee reviewed the concept of thi swell ness program on March 27, 1990, and the staff would like to make a brief presentation with additional information concerning it. RECOMMENDATION: Board of Director approval is requested for the continued planning of a District Wellness program to begin with the FY 1990-91 year and, as part of this, to include $25,000 in the District's proposed O&M budget and $25,000 in the equipment budget for that year as the initial funding for the Wellness Program. 13028-9/85 . Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 2 POSITION PAPER BOARD MEETING OF April 5, 1990 NO. VII 1. PERSONNEL 3 SUBJECT DATE March 30, 1990 TYPE OF ACTION AUlHORIZATION TO HIRE SEASONAL EMPLOYEES PERSONNEL SUBMITTED BY Cathryn Radin Freitas, Personnel Officer INITIATING DEPT./DIV Administrative/Personnel ISSUE: District staff has assessed its needs for seasonal help in 1990. BACKGROUND: Each year the District hi res students during the summer months for vacation relief, cleanup, and special projects; and during the school year or semester breaks for additional assi stance. Authorization was gi ven for forty student positions last year. Approval is requested for forty-two seasonal positions in Fiscal Year 1990-91. A summary of the requests for seasonal employees is attached. In order to maintain comparable salaries with other agencies' summer programs, it is recommended that the hourly rate for seasonal employees be increased by $1.00 an hour as follows: Student Positions* Last Years' Salary Proposed Salary No experience necessary, i.e., $ 6.50 $ 7.50 clerical, laborers, grounds Technical, i.e., drafting, survey $ 8.00 $ 9.00 Professional, i.e., chemist, engineer $10.00 $11.00 *For every year a student returns, the District adds $1.00 per hour to a maximum of three additional summers. The extra yearly raises would recognize experience and serve as an incentive for returning students. The approximate cost of this action will be $258,876 from departmental 0 & M budgets~ The Board Personnel Committee has reviewed this request. RECOI4ENDATION: Approve the hi ri ng of 42 persons for seasonal employment and approve proposed changes in hourly rate for seasonal employees. REVIEWED AND RECOMMENDED FOR BOARD ACTION INITIATING DEPT.lDIV. PM ~ 1302A-9/85 F H "0 ~ I... ~ .c.Ul tt1 e: ~tO Q) l"- N LI) LI) r-l C> Q) ::J,..... r-l r-l "d" E <: .c. U to ,..... ~ C> to ~ 0\ ~ \0 N \0 \0 N N <: 0\ 0 r-l r-l "d" r-l ~ e: 1Il O.c. C> 0\ "d" C> I"- 0 1Il~ N LI) \0 N l"- I... e: r-l Q) 0 c..E C> III 0 ~ . C't) r-l "d" C r-l Q) r-l -,:, ::J ~ CI) 0 "- LI) . r-l r-l 0 0 It- r-l .-4 0\:1 I III 0 Q) C> 0= . r-l N C't) O\lr 0 ~o::: r-l ~ . C 0 0\ ~ LI) to . C't) "d" I"- 0\ 0\ r-l ~ .. Cl. ~ ~ 0 tt1 0 ::J . r-l N C't) e: 0\ tt1 ~ e: ..... 0 U"l "0 N r-l N U"l Q) CO N ..... I... 0 .c. 0 ~ LI) ::J . C't) "d" 0\ r-l N 0\ tt1 I"- r-l e: 0 "..- ~ 1Il "..- e: 1Il e: Q) 0 ~ ,..... 0 0 > "..- U tt1 c.. ..... "..- ~ 4- ..... ~ 1Il ~ tt1 Ol o I... 0 Ol "..- tt1 I... e: ~ l- e: > I... Q) "..- "'Ul "..- "..- ~ c.. I... 1........ ~ ,..... 0 Ul 0 Q) tOO U U ...... "..- Q) ~ "..- '" . e: ~ e: Q) Q) I... U ~ "..- e: ..... t...c. -I-l Q) E to 0 Ol U~ 1Il cr:: Q) "0 ,..... ~ e: CD "..- 0 <: (L UJ U') 0 * . Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 2 POSITION PAPER BOARD MEETING OF Apri 1 5, 1990 NO. IX. LEGAL/LITIGATION DATE April 2, 1990 1 SUBJECT RElURN AS UNTIMELY AND DENY CLAIM SUBMITTED BY J. LEWIS AND SON, INC. TYPE OF ACTION RElURN AS UNTIMELY AND DENY CLAIM SU.flMITTED BY Jack E. Campbell Administrative Operations Manager INITIATING DEPT /DIV Administrative/Risk Management ~: Another claim has been received from J. Lewis and Son which requires Board of Directors action. BACKGROUND: J. Lewis & Son, Inc., was a subcontractor retained in 1987 by Western Utility Contractors, Inc., (Westcon), the general contractor for the San Ramon Valley Phase "A" proj ect, to bore 385 feet of tunnel under the San Ramon Valley Boulevard for the District's San Ramon Valley trunk sewer line. Subcontractor Lewis has been alleging for several years now that he should be paid additional money for the tunnel i ng work which was done. The Di stri ct di d determi ne that an addi ti onal amount of $4,873.73 should be paid for removal of some old wood pilings which were found in the construction area. This determination of extra work and the payment for it was not accepted by either Westcon or Lewis. In August 1988, Mr. Lewis of J. Lewis & Son, Inc., filed the first of two lawsuits against the District and the Danville Home Improvement Center for recovery of liquidated damages assessed because of project delays. This lawsuit was later amended to recover costs for alleged extra work. The District demurred to both theories of recovery, and the court has sustained the demurrers without leave to amend. In a parallel action beginning in June of 1989, Mr. Lewis filed a Government Code Claim through Westcon against the District, again seeking recovery of costs for alleged extra work connected with the same tunneling project. This claim was returned by the Board of Directors in July 1989, because it was untimely in that the cognizant statute of 1 imitations had run. Mr. Lewis then appl ied to the Board of Directors in August, 1989, for leave to file a late claim and this was denied. He petitioned the court for relief from the provisions of the Government Code Claims Act, thereby attempting to overturn the Board's decision. The court has denied his petition; therefore, the District's actions with regard to that issue have been sustai ned. On February 22, 1990, J. Lewis & Son, Inc., filed the subject Government Code claim with the District, this time alleging that the District breached a contract on June 12, 1989 and caused damage in excess of $25,000. This purportedly "new" claim appears to attempt to address the same construction-related request for additional compensation set forth in the previous claim. This present claim does not clearly set forth a new set of circumstances which would, in the opinion of staff, give rise JEC OMMENDED FOR BOARD ACTION INITIATING DEPTiDIV. L~ 1302A-9/85 PM SUBJECT RElURN f>S UNTIMELY AND DENY QAIM SUBMITTED BY J. LEW IS & S().J, INC. POSITION PAPER PAGE 2 OF 2 DATE April 2, 1990 to a bona fide new claim. The staff, therefore, requested J. Lewis & Son, Inc., to clarify the February 22, 1990 claim so as to determine whether this "new" claim asserts damages independent of those referred to in the previous claim and lawsuit. In response, a letter from an attorney for J. Lewis & Son, Inc., has been received which states, in pertinent part, that: "The failure of the Sanitary District to accept the May 31, 1989 claim of J. Lewis & Son, Inc., constitutes a breach of the prov i si ons of Contract No. 4224A." (Oi stri ct Contract No. 4224A is the San Ramon Trunkline Interceptor Contract with Westcon.) The District has never had a contract with J. Lewis & Son, Inc., and the contract with Westcon was completed well before the June 12, 1989 date. The staff, therefore, recommends that the cl aim be returned, in part, as bei ng untimely; and denied, in part, as being without merit. Staff contends that any items of damage whi ch were covered by the earli er cl aim, as well as any other items of damage ari si ng before February 22, 1989 are beyond the appl i cabl e limitati ons. Therefore, to the extent the cl aim rel ates to any such damages, it shoul d be returned as untimely. To the extent that the claim can be construed to relate to any personal injury damages which arose on June 12, 1989, that portion of the claim should be returned as untimely inasmuch as the applicable six-month statutory period with regard to personal i nj ury cl aims has el apsed. Lastly, to the extent that the clarifying letter represents that this "new" claim arises out of a breach of contract, namely, Contract No. 4224A, staff recommends that the claim be denied as unfounded for the reasons set forth above. RECOMMENDATIONS: Return claim as untimely with regard to all acts covered in earlier claim and all acts occurring before February 22, 1989. Further, return the claim as untimely for all personal injury claims arising on or before June 12, 1989. Lastly, deny remaining portion of the claim, if any. 13028-9/85