Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
HomeMy WebLinkAboutAGENDA BACKUP 12-06-90
.
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
POSITION
BOARD MEETING OF
December 6, 1990
PAPER
SUBJECT
CONDUCT PUBLIC HEARING AND CONSIDER APPROVAL
OF A NEGATIVE DECLARATION AND THE COUNTRY
GARDENS/THIRD AVENUE SEWER IMPROVEMENT PROJECT,
DP 461 5
PAGE 1 OF 6
NO.
3. HEARGINGS a.
DATE
November 30, 1990
TYPE OF ACTION
CONDUCT HEARING;
APPROVE NEG. DEC.
AND PROJECT
SUBMITTED BY
Russell Leavitt
INITIATING DEPT/DIV
Engineering Department
ISSUE: Board approval of appropriate CEQA documentation is required prior to approval of the
Country Gardens/Third Avenue Sewer Improvement Project.
BACKGROUND: The District proposes to replace, relocate, relieve, or abandon various
deteriorated sewers in the area of Pleasant Hill and Walnut Creek generally bounded by North
Main Street, Oak Park Boulevard, Camino Verde, and Alvarado Avenue (see the attached
Figure 1 which also is included on page 2 of the Negative Declaration which the District Board
has received as a separately bound document). The attached Figure 2 and Table 1 (pages 3, 8,
and 9 in the Negative Declaration) present the locations where sewer improvements are
proposed.
This project is included in the 1990-91 Capital Improvement Budget beginning on page CS-25.
The estimated total project cost is $3,953,000. The goals of this project are to minimize
recurring wet weather sewer overflows, correct hydraulic deficiencies, and minimize future
maintenance requirements in the project area. The proposed project would be built under the
same construction contract as the Watershed 23 Sewer Replacement Project approved by the
District Board in June, 1989.
As Lead Agency, the District has conducted an Initial Study of the proposed project to determine
if the project may have a significant effect on the environment. The Initial Study is included as
part of the Negative Declaration. District staff has concluded that the Initial Study adequately,
accurately, and objectively evaluates the environmental impacts of the proposed project.
Based on the Initial Study, District staff recommends that a Negative Declaration is the
appropriate document to address the environmental effects of the project. The Negative
Declaration finds that there is no substantial evidence before the District that the project may
have a significant adverse effect on the environment and that no mitigation measures are needed
other than those measures already incorporated into the project design and construction
specifications. These measures are discussed in the Negative Declaration.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
INITIATING DEPT/DIV.
"&L
ON
JA.1X-
1302A-9/B5
t7v'RAB
RL
JMK
SUBJECT
POSITION PAPER
CONDUCT PUBLIC HEARING AND CONSIDER APPROVAL
OF A NEGATIVE DECLARATION AND THE COUNTRY
GARDENS/THIRD AVENUE SEWER IMPROVEMENT PROJECT,
DP 461 5
PAGE
DATE
2
OF
6
November 30, 1990
District staff also has determined that Public Resources Code Section 21081.6 regarding a
mitigation monitoring program is not applicable to this project since no changes or conditions of
project approval are required to mitigate potentially significant effects.
In compliance with the District's CEOA Guidelines, a legal notice was published on November 6,
1990 in the Contra Costa Times, a newspaper of general circulation in the area affected by the
proposed project. The legal notice announced the District's intent to approve a Negative
Declaration and the availability of the document for a 30-day public review period. Additionally,
the Negative Declaration was mailed to affected public agencies and a community meeting was
held in the project area on November 7, 1990 to assess community concerns. If any comments
are received during the review period, they will be presented to the Board at the December 6,
1990 meeting.
Before the proposed project can be approved, the Board must consider those comments received
during the 30-day public review process and the public hearing before considering approval of
the appropriate CEOA documentation (a Negative Declaration is recommended in this case). If
a Negative Declaration is approved, a Notice of Determination will be filed with the County Clerk
by District staff.
If the project is approved, District staff would schedule the Board's consideration of the
construction award for January 1991. Construction of the project is scheduled to start in
February, 1 991 .
RECOMMENDATION:
1 . Open the public hearing on the Negative Declaration, receive any testimony, and close the
public hearing.
2. Approve the Negative Declaration.
3. Approve the Country Gardens/Third Avenue Sewer Improvement Project, DP 4615.
13028-9/85
1 - - - eoundooy of W........d 23
.... . . Boundary of Country Gardensl
Third Avenue Project Are.
IlW.
.c
Pleasant i
Hill u
J-......
(
I
r
~
I -'1 5
r r~
L_.J
GREGORY
BOYD
Lafayette
...
~
Cfl
.c
w
.,)
~
Wa In ut
Creek
Figure
BOUNDARIES OF WATERSHED 23
AND THE COUNTRY GARDENS!
THIRD AVENUE PROJECT AREA
1
2S2~i6e
------ ~ -~---- ------~-----~~-
--- ----.......-~ _._._-~--- ----
Pleasa nt
Hill
ROAD
Pleasant Hill
8ementary School
PARK
~
-J
CD
AVENUE
Cl
:z w
in Z
CIl
~ Z
0
CD ROAD
w
Wa I n ut :z
<
-J
Creek
~
CIl
S
3RO
(easements)
LUIS
""'
:z <
.<
.-J Q
>- :;)
w CD
~ ALVARADO
<:
-J
AVENUE
~!
AVENUE
3
~
~ A VENUE
ROAD
A VENUE
+
-
location of Proposed
Sewer Construction Work
o 500 1000 n
,.....- ,
. .
Location of Potential
Bore and Jack Pits
PROPOSED COUNTRY GARDENS/
THIRD AVENUE SEWER
IMPROVEMENT PROJECT
Figure
2
2~23.9/88
TABLE 1. PROPOSED COUNTRY GARDENS/THIRD AVENUE SEWER
IMPROVEMENTS (a)
EXISTING (b)
Size Length
( in. ) ( ft. )
PROPOSED (c)
Size Length
( in. ) ( ft. )
LOCATION
Buena vista Avenue
6
8
Geary Road
Third Avenue
Larkey Lane (Mallard
Drive to Geary Road)
Mayo Lane
10
Larkey Lane (Aleman
Court to Swan Court)
Buena vista/Larkey Lane
easements
Second Avenue (from Henry
Lane to North Main Street)
Conejo Way (d)
Adak Court
Hoover Avenue
Putnam Boulevard
8
10
Vessing Road to Pleasant
Hill Elementary School
6-8
TOTALS:
06900015
800
400
8
10
15
18
8
1,350
10
6
1,250
8-10
6
1,675
8
400
12
6
'250
8-12
6
1,225
e
6
1,425
8
8
1,425
8
6
625
8
6
8
600
1iOOO
18
400
2,300
18
21
725
15,850
509
950
2,100
800
1,350
1,250
1,675
400
500
1,225
1,425
1,425
800
2,100
1,200
1,575
8
725
20,000
(continued)
TABLE 1. PROPOSED COUNTRY GARDENS/THIRD AVENUE SEWER
IMPROVEMENTS (continued) (a)
NOTES:
(a) Lengths are rounded to the nearest 25 feet; final lengths are
expected to be within approximately four percent of the total
footage shown; slight pipe size changes may be made in final
design to accommodate pipe slope conditions.
(b) When originally installed, these pipes were sized to handle
dry weather flows from planned proj ect area buildout and
reasonable anticipated wet weather flows.
(c) These pipes are sized to handle greater wet weather flows
produced by increased wet weather infiltration and inflow.
(d) Replacement of the same size pipe at a different slope to
ensure better hydraulic conditions.
(e) Replacement with 8-10 inch lines or spot improvement and
sliplining would be performed along this easement where
warranted.
06900015
9
_._____~_^,.__.__~_~.~.._.._..._'_""_.__._._.____...___ e..__.."__"._,___'^____.__,~_,_.__.._.,_~_~____..__.__-----
Central Contra Costa Sanitary District
5019 Imhoff Place Martinez, California 94553-4392 (415) 689-3890 FAX: (415) 676-7211
NEGATIVE DECLARATION
COUNTRY GARDENS/THIRD AVENUE
SEWER IMPROVEMENT PROJECT
ROGER I DOLAN
General Manager
Chief Engineer
KENTON L ALM
Counsel for the District
(415) 938-1430
JOYCE E. MURPHY
Secretary of the District
PROJECT LOCATION
The Central Contra Costa Sanitary District proposes to replace,
relocate, relieve, or abandon various deteriorating sewer pipes
within the District's Watershed 23 in the area of Pleasant Hill and
Walnut Creek generally bounded by North Main Street, Oak Park
Blvd., Camino Verde, and Alvarado Avenue (see Figures 1 and 2 in
the attached Initial study).
PROJECT DESCRIPTION SUMMARY
The goals of this project are to eliminate recurring wet weather
sewer overflows, correct hydraulic deficiencies, and minimize
future maintenance requirements in the project area. Table 1 in
the attached Initial study lists the pipes to be replaced and
Figure 2 shows the location of these pipes. A detailed discussion
of the project description is presented in the attached Initial
study.
MITIGATION INCORPORATED INTO THE PROPOSED PROJECT
Mitigation measures have been incorporated into the proposed
proj ect to reduce or eliminate potentially significant construction
impacts. These measures are discussed in detail in the attached
Initial study.
FINDINGS
As a Lead Agency, the District has conducted an Initial study of
the proposed proj ect to determine if the proj ect may have a
significant effect on the environment. The Inital study was
prepared by the environmental consulting firm of Michael Clayton &
Associates.
A community meeting will be held in the project area on November 7,
1990 to assess community concerns and receive comments on this
environmental document. A public hearing is expected to be held
before the District's Board of Directors on December 6, 1990, after
which the Board will consider approval of the Negative Declaration
and the proposed project.
* Recycled Paper
The District finds that the attached Initial study adequately,
accurately, and objectively evaluates the proposed project's effect
on the environment. On the basis of this Initial study, it has
been determined that there is no substantial evidence before the
District that the project may have a significant effect on the
environment.
The District further finds that Public Resources Code Section
21081.6 regarding a mitigation monitoring program is not applicable
to this project since no changes or conditions of project approval
are required to mitigate potentially significant effects.
Proposed:
(~
//-(- 70
Date
Approved Pursuant to Resolution No.
qO-ltf~
~; . . Ci L ml< Ii I\},U4
Joy e . Murptiy1 f~ a
Se etary
Central Contra Costa sanitary District
J.J. . L" c; 0
Date
.
Central Contra Costa Sanitary LJistrict
BOARD OF DIRECTORS
PAGE 1 OF 2
POSITION
PAPER
BOARD MEETING OF
December 6, 1990
NO.
4.
CONSENT CALENDAR a.
SUBJECT
DATE
CONFIRM "AMENDED ASSESSMENT DIAGRAM" AND APPORTION
ASSESSMENT AMOUNTS AND AUTHORIZE RECORDING OF SAID
DIAGRAM, LOCAL IMPROVEMENT DISTRICT 54, ORINDA AREA
November 27 1990
TYPE OF ACTION
APPORTIONMENT OF
LID BONDS
SUBMITTED BY
INITIATING DEPT 'DIV
Dennis Hall, Associate Engineer
EngineeringDepartment/Construction Division
ISSUE: The Contra Costa County Auditor's office has requested this District to apportion the
bond which is outstanding on two parcels of land in Local Improvement District (LID) 54.
BACKGROUND: The boundary between two original parcels in LID 54 assigned assessment
numbers 54-3-3-11 and -12 was recently altered. The new parcels are shown on the attached
amended assessment diagram and are assigned assessment numbers 54-3-3-18 and -19. 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. Since the boundary adjustment between the two
parcels is a minor change, the assessments will remain unchanged.
The following is a summary of the apportioned assessments:
Assessment No.
Amount
Amended
Assessment No.
Assessment Amount
54-3-3-11
54-3-3-1 2
$947.50
947.50
54-3-3-1 8
54-3-3-1 9
$947.50
947.50
RECOMMENDATION: Confirm the amended assessment diagram and apportion assessment
amounts and authorize the recording of said diagram.
~(
l:lO~A 98:, DH
RAB
%::.
ROGER J DOLAN
REVIEWED AND RECOMMENDED FOR BOARD ACTION
INITIATING DEPT IDIV
11';1
JSM
ow
/
'/
I
l-
I,
i
"'\..-
E ~
. I I
~~+-----+
./.t\
I""?::}.
--
1.0.,.
)'
1'-",-
/
/
/
~
.....
'"
/
'1- c% .
I ~ "'"
1.0.,. j !;?
6 1'/ ~
~.1 / 0 1.0.,.
--{ $
'7-
/
L.\.O.
NEW P
ROPERTY
/ LINE
--
3:
o
Z
-I
m
(
\ -
.........../
1.0.,.
<
SlJet)
~ '6$
............... <<
............... '-......
VISTA
...............
..........
')
.............
\
\
..........
'-......
----
--
---
...........
----
----
APPORTION L.I.D. BOND
LI D 54-3
ORINDA AREA
.
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
PAGE 1
OF 2
POSITION PAPER BOARD D~~~~ber 6, 1990
NO.
5. ADMINISTRATIVE a.
SUBJECT
DATE
November 30, 1990
AUTHORIZE PERSONAL COMPUTER LOAN PROGRAM
TYPE OF ACTION
AUTHORIZE
PROGRAM
SUBMITTED BY
Bill Long, Buyer I
INITIATING DEPTAdministrative/Purchasing and
Materials Control
ISSUE: The Board of Directors' authorization is required to implement a District Personal
Computer Loan Program, the concept of which will be a no-interest, 36-month loan available
to regular District employees for purchase of personal computers.
BACKGROUND: The concept of a personal computer loan program is to encourage regular,
non-probationary District employees to become computer literate and skilled by using
computers in their homes. With the District's financial assistance in the form of a no-interest,
36-month loan, regular employees would be able to purchase for their home use personal
computer equipment that is compatible with the District's uses. This would facilitate
employees learning computer operation so that the knowledge they obtain can be applied to
workplace applications, thus enhancing their productivity.
The basic concept of the program would be a maximum 36-month, no-interest loan not to
exceed $3,600 to be repaid monthly through payroll deductions or upon termination from the
District. The employee would be eligible to request entry into the loan program after twelve
months as a regular, non-probationary employee. Furthermore, the requesting employee must
submit sufficient information at the time of the loan request to show that the equipment is
compatible with the District's. The District would also negotiate a favorable purchase price
with various suppliers for commonly requested computer components. The specific loan
program procedures and guidelines will be a product of committee work. The committee will
include Paul Morsen, Deputy General Manager; Kent Aim, District Counsel; Walter Funasaki,
Finance Officer; Ken Laverty, Purchasing and Materials Officer; and with assistance and input
from other departments. The committee's goal is to start the loan program in January, 1991.
This type of program has proven successful and is currently being done in other public
agencies, such as: City of Vacaville, Suisun City Police Department, City of San Jose, City of
San Fernando, and the Union Sanitary District. The cost to the District would be the potential
interest income lost on the loaned funds, which is estimated to be about $400 per loan based
upon $3,600 for 36 months. However, we believe that this cost would be offset by the many
benefits the District will realize. The major benefits to the District that will result from the
program are many and will be achieved in both the long and short terms. We believe that the
usage of computers in the operations of the District, and, for that matter, all businesses will
..__~~__._".__""_.._._"_.~_~...__~._...__...,._.____..._.____m~'~______M__".._"_"___,".WM_..__.,..___'_'_.__-,.,-,,"._.,_._-_._--"*-~..."...-_..._.,._.."._,....-
SUBJECT
AUTHORIZE
PERSONAL COMPUTER LOAN PROGRAM
POSITION PAPER
PAGE
DATE
2
OF
2
November 30, 1990
continue to make dramatic increases requiring computer literacy by most of the District's
employees. For the District to assist and encourage the employees to obtain personal
computers and to become computer literate at home will directly result in increased efficiency
at work. The employee will be able to handle many computer operating problems immediately
and without waiting for further assistance. The employees will be able to help other employees
with computer operations and uses. Outside training costs for general computer operation, the
beginning to familiar level classes, will be reduced since the employee is studying and learning
at home. The program will be a positive element in both recruitment of and retaining technical
personnel. We also expect to have increased morale as stated in a letter from Union Sanitary
District's Administrative Services Manager when he said, "Overall, the program has been
beneficial for the Union Sanitary District, and has been a morale booster for the employees."
Recommendation: Authorize a District Personal Computer Loan Program and provide input
concerning procedures and guidelines, which will be incorporated into the program document
being prepared by staff.
13028-9/85
.
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
PAGE 1 OF 2
POSITION
PAPER
BOARD MEETING OF
December 6, 1990
NO.
6.
ENGINEERING a.
SUBJECT
DATE
AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO
EXECUTE AN AGREEMENT WITH WOODWARD-CLYDE
CONSULTANTS TO PREPARE HEALTH RISK ASSESSMENT
REQUIRED BY AB 2588 (D.P. 20072)
TYPE OF ACTION
AUTHORIZE
AGREEMENT
SUBMITTED BY
James M. Kelly
Planning Division Manager
INITIAI!NG PEPT/1;lIV
t:nglneenng Department
Planning Division
ISSUE: Board authorization is required for the General Manager-Chief Engineer to execute
a consulting services agreement for amounts greater than $50,000.
BACKGROUND: The Air Toxics "Hot Spots" Information and Assessment Act of 1987 (AB
2588) enacted by the California legislature requires certain facilities to submit comprehensive
air toxics emission inventory reports every two years. The California Air Resources Board
(CARB) has published regulations required by AB 2588. Under these regulations, the District
submitted its emission inventory report to the Bay Area Air Quality Management District
(BAAOMD) in June, 1990. The report determined the furnaces were the District's primary
source of toxic emissions. Based on this emission inventory report, the District is required
to complete a Health Risk Assessment (HRA) before January, 1 991 .
The results of the HRA will be communicated to the public by the BAAOMD in April 1991.
After the BAAQMD reviews the HRA, they may require the District to hold community
meetings. The purpose of these meetings would be to present the HRA results to the
community and to answer questions about the impact of the District's emission on the
community. District staff anticipates the BAAQMD will require facilities whose HRA shows
an increased cancer risk of ten in a million to hold community meetings.
District staff recommends using Woodward-Clyde Consultants (WCC) to prepare the HRA
report. WCC is recommended to do this work based on their satisfactory completion of
similar work for the District. The estimated cost for the project is $180,000, including a
contract with WCC for $160,000. The WCC effort includes the following tasks: 1) prepare
and submit HRA modeling plan to BAAQMD for approval; 2) develop meteorological data for
the model using as much actual on-site District data as possible; 3) establish emission
sources, locations, and rates; 4) conduct initial modeling to define study area boundaries;
5) perform refined modeling and use census data to develop appropriate health risk; 6)
prepare and submit the HRA report. This level of effort will produce a HRA that will more
accurately predict the impacts of District emissions than a less detailed HRA which would
overstate District impacts.
Funds for this project are available in the FY 1990-91 Capital Improvement Budget under
project title "MHF Emission Controls" (pages TP-84 through TP-86)' This project has been
evaluated by staff and determined to be exempt from the California Environmental Ouality
Act (CEOA) Guidelines SectioR'}vlltB~HJ~~~o~J~N~E~~~"JBrD~9p,~wle future actions.
.J f.1. K
1302A-9/85 J M K
r RAB
INITIATING DEPT/DIV.
,(}feu
"__,__~_.___._. .........___....._ , __,_,__,,'_""_'__'."_"<"_."__'_'_"'_"'~ ..,_,~._ . ._...._'.,~..__,,_~,...,_. .__._..,_~,_..___,___.~___~.~_""~__,__,,._~_""~_'h'_,"_", ....,____._,_,__._._..
SUBJECT
AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO
EXECUTE AN AGREEMENT WITH WOODWARD-CLYDE
CONSULTANTS TO PREPARE HEALTH RISK ASSESSMENT
REQUIRED BY AB 2588 (D.P. 20072)
POSITION PAPER
PAGE 2 OF 2
Df)Tecember 3, 1990
At this time, seven other Bay Area wastewater treatment agencies are required to submit
HRAs to the BAAQMD. For the District, this HRA will assist staff in evaluating the District's
ability to comply with pending federal air quality regulations. At this time there are no
requirements to reduce toxic emissions below current levels; however, staff anticipates that
both state and federal regulations will require entities to reduce their emissions if the HRA
shows the most exposed individual has an increased cancer risk of ten in a million. Then,
the HRA will be used to define the increased level of treatment needed for the furnace air
emissions to comply with future federal, state, and local regulations. This may require the
evaluation of various air pollution control devices such as wet electrostatic precipitators,
baghouses, etc. In anticipation of this follow-up work, District staff will recommend the
District conduct an evaluation of air pollution control technology for the furnaces in early
1991.
As a mandated state program, expenses incurred pursuant to AB 2588 may be reimbursable
by the state. District staff will investigate this issue with the state in order to preserve our
rights for reimbursement.
RECOMMENDATION: Authorize the General Manager-Chief Engineer to execute a consulting
services agreement with Woodward-Clyde consultants to conduct the health risk assessment
for Central San's toxic air emissions.
13026-9/85
---_._~.,"~-"_.<-- .._-_._---~_.__..,.._-,._^._---"-_.-...........---~_._---~--
.
Central Contra Costa Sanitary Ilistrict
BOARD OF DIRECTORS
PAGE 1 OF 7
POSITION PAPER BOARD MEETIN'1jecember 6, 1990
NO.
7. LEGAL/LITIGATION a.
SUBJECT
DATE
November 30, 1990
RULE ON V & M BACKHOE'S APPLICATION TO PRESENT A
LATE CLAIM
TYPE OF ACTION
APPEAL OF A LATE
CLAIM
SUBMITTED BY
INITIATING DEPT.lDIV.
Jack Campbell, Admin. Operations Manager
Administrative/Risk Management
ISSUE: The Board of Directors is required to rule on an Application to Present a Late Claim.
BACKGROUND: V & M Backhoe (V & M) was the contractor for the District's Port Chicago
Pump Station Abandonment and Sewer Improvements Project (DP 4326), The construction
contract was awarded on July 7, 1988, and the project completion date was to be November
21, 1988 (including the subsequent change orders). The contractor did not start work until
September 26, 1988, and did not achieve substantial project completion until May 31, 1989.
On October 8, 1988, Mr. Michael V. Novo, owner of V & M, complained by letter to the
District's Project Manager that they were encountering substantial amounts of water during the
excavation phase and that this was a differing site condition. This was investigated and on
October 21, 1988, this contention regarding differing conditions was rejected. On October 31,
1988, the Project Manager received another letter from V & M again complaining about the
amount of water they were encountering and the District responded on December 2, 1988, by
denying each of the points raised and giving an explanation of the reasons for doing so.
At a meeting with the District on November 13, 1989, Mr. Novo and his attorney, Mr. Victor J.
Conti, presented a request for additional compensation in the amount of $315,714.52 which
was followed by a letter from Mr. Conti on November 17, 1989, revising the amount down to
$275,853.38. The District reviewed this request for additional compensation over the contract
amount and on December 14, 1989, denied it by a letter to Mr. Conti.
It was not until August 27, 1990, that Mr. Conti submitted a letter to Mr. Kenton Aim, the
stated intent of which was to be V & M's Government Code Claim alleging differing subsurface
conditions. The District returned this claim as untimely because by the terms of Government
Code Section 911.2, a claim must be submitted "not later than one year after the accrual of the
cause of action." As stated above, the alleged differing site condition, which is the basis of the
claim, was known to V & M as early as October 1988 and any impact of this on the project was
certainly known before the substantial project completion date of May 31, 1989; both dates
being more than one year prior to the claim date of August 27, 1990.
Government Code Section 911.6 provides that "the Board shall grant the application where the
failure to present the claim was through mistake, inadvertence, surprise or excusable neglect
INITIATI G ~Pe:.
1302A-9/85
JEC
PM
KLA
SUBJECT
POSITION PAPER
RULE ON V & M BACKHOE'S APPLICATION TO PRESENT A LATE
CLAIM
PAGE 2 OF 7
DATE
November 30, 1990
and the public entity was not prejudiced by the failure to present the claim within the time
::.pecified in Section 911.2 for the presentation of the claim." As has been outlined above, these
easons do not seem to apply in this case because the claimant knew of his general contentions
and the District's position regarding them in October 1988; however, he failed to pursue the
appropriate remedies for over 22 months. For this reason, the staff recommends that the late
"laim application which has now been filed on behalf of V & M be denied.
Attached are: The Notice of Application to Present Late Claim, the Notice of Return of Untimely
Claim, and the August 27, 1990, claim letter from Mr. Victor Conti.
RECOMMENDATION: 1) Receive V & M Backhoe's Application to Present a Late Claim and the
staff's recommendation that it be denied; 2) consider additional information as may be presented
by V & M Backhoe or obtained from the staff; 3) determine whether to grant or deny the
Application to Present Late Claim.
13028-9/85
. .
,
Page 3
of 7
RECEIVED
NOV 1 1990
WILLIAM E. GAGEN, .JR.
GREGORY L. MCCOY
PATRICK .J. McMAHON
MARK L. ARMSTRONG
LINN K. COOMBS
STEPHEN W. THOMAS
CHARLES A. KOSS
MICHAEL .J. MARKOWITZ
MICHAEL W. CARTER
RICHARD C. RAINES
LAW OFFICES OF
GAGEN, McCOY, McMAHON & ARMSTRONG
A PAOFESSIONAL CORPORATION
P. O. BOX 218
cccs:>
RISK MANAGEMENT
VICTOR .J. CONTI
KAREN MATCKE CROSBY
PATRICIA E. CURTIN
BARBARA DUVAL .JEWELL
CAROLE A. LAW
ALLAN C. MOORE
DENISE ASPER OLSEN
ALEXANDER L. SCHMID
EVELYN SPIROU
279 FRONT STREET
DANVILLE, CALIFORNIA 94~26-0218
TELEPHONE (415) 837-0585
FAX (415) 838-55l85
OF COUNSEL
.JOHN B. CLAUSEN
October 31, 1990
NOTICE OF APPLICATION TO PRESENT LATE CLAIM
FROM:
MICHAEL V. NOVO, V & M CONSTRUCTION/BACKHOE
5290 Neroly Road
Oakley, CA 94561
TO:
CENTRAL CONTRA COSTA SANITATION DISTRICT
5019 Imhoff Place
Martinez, CA 94553-4392
COURTESY
COPY TO:
Kenton AIm, Esq.
Sellar, Hazard, snyder, Kelly & Fitzgerald
P.O. Box 3510
Walnut Creek, CA 94598
PLEASE TAKE NOTICE:
Claimant, Michael V. Novo, V & M Construction/Backhoe makes
application to present his claim for work performed on the Port
Chicago Pump Station Abandonment and Sewer Project. Claimant
disputes District's contention that said claim is untimely because
one year has not expired since the completion of work and the post-
completion negotiations with the District. Claimant's contentions
include a claim that undisclosed water conditions affected the
entirety of the project and therefore the full extent of said claim
could not be calculated with certainty until completion of the
project in December 1989. Discussions with the District were on
a "settlement discussion basis" only at the District's request and
therefore those discussions do not constitute formal claim
presentation and rejection procedures. A formal claim was made by
letter dated August 27, 1990 and rejected as untimely on October 2,
1990.
. ~
Page 4 of 7
Notice of Application to Present Late Claim
Claimant: Michael V. Novo, V & M construction/Backhoe
October 31, 1990
Page 2
Claimant is informed and believes that the District will not
prejudiced in its defense of the claim, and claimant will suffer
irreputable injury in that contract funds and retention remain due
to claimant. Furthermore, if the claim period has expired,
claimant's failure to make a formal claim was the result of
mistake, inadvertence or excusable neglect of claimant and/or his
counsel.
Respectfully submitted,
GAGEN, McCOY, McMAHON & ARMSTRONG
A Professional corporation
c' {sb
victor
on beh
Michael
dba V &
. conti
f of claimant
V. Novo
M Construction/Backhoe
VJC:nh
cc: client
i:\client\20123\lateclaim.app
Page
srllE COpy
: October 2, 1990
NOTICE OF RETURN OF UNTIMELY CLAIM
FROM:
CENTRAL CONTRA COSTA SANITARY DISTRICT
MICHAEL V. NOVO, V&: M CONSTRUCTION/BACKHOE
5290 Neroly Road
Oakley, CA 94561
TO:
c/o Victor J. Conti, Esq.
Gegan, McCoy, McMahon &: Armstrong
279 Front Street
P.O.Box216
Danville, CA 94526-0216
NAME OF CLAIMANT:
Michael V. Novo,
V &: M Construction/Backhoe
PLEASE TAKE NOTICE:
The claim you presented by letter dated August 27, 1990, from Victor J. Conti to Kenton
Aim, Sellar, Hazard, Snyder, Kelly &: Fitzgerald, P. O. Box 3510, Walnut Creek, CA
94598, is being returned because it was not presented within one year after the event
or occurrence as required by law. See Sections 901 and 911.2 of the Government Code.
Because the claim was not presented within the time allowed by law, no action was taken
on the claim.
Your only recourse at this time is to apply without delay to the Central Contra Costa
Sanitary District for leave to present a late claim. See Sections 911.4 to 912.2, inclusive,
and Section 946.6 of the Government Code. Under some circumstances, leave to present
a late claim will be granted. See Section 911.6 of the Government Code.
You may seek the advice of an attorney of your choice in connection with this matter.
If you desire to consult an attorney, you should do so immediately.
~t ~ e,~
ck E. Campbell
Administrative Operations Manager
Central Contra Costa Sanitary District
CC: Counsel for the District
C:\WP51 \ WPFiles\RetClm. V &:M
. ,
. .
Page
C3~ -d<{7
6 of 7 ,.
.AUu 3 0 1990
. .
WILLIAM E. GAGEN, ..JR.
GREGORY L. MCCOY
~ATRICK ..J. McMAHON
MARK L. ARMSTRONG
LINN K. COOMElS
STEPHEN W. THOMAS
CHARLES A. KOSS
MICHAEL oJ. MARKOWITZ
MICHAEL W. CARTER
"'ICHARD C. RAINES
LAW OF'F'ICES OF'
GAGEN, McCOY, McMAHON &, ABMSTRONG
... .....O,.ES..,ON...L CO"II'OJltATION
TELEPHONE (41S1 e~7-0Elel5
P'AX (41151 e3e-158el5
VICTOR ..J. CONTI
KAREN MATCKE CROSElY
~ATRICIA E. CURTIN
RICHA"'D A. P'RANKEL
BARBARA DUVAL ..JEWELL
CAROLE A. LAW
ALLAN C. MOORE
DENISE ASPEI'l OLSEN
EVELYN S"""'OU
Z78 P'RONT STREET
P. O. BOX 21e
DANVILLB. CALIFORNIA &4&2&0218
0" COUNSEL
JOHN .. CLAUSEN
Auqust 27, 1990
Kenton AIm, Esq.
Sellar, Hazard, Snyder,
Kelly & Fitzgerald
P.o. Box 3510
Walnut Creek, CA 94598
Re: V & M Backhoe
Port Chicago Pump Station Abandonment and Sewer Project
Dear Mr. AIm:
Thank you for contacting me on July 19, 1990 to discuss the status
of the dispute between my client and the District arising from the
above mentioned project. You indicated that the purposes of your
call was to clarify the tOlling or waiver of the statute of
limitations with respect to filing a claim by my client. It
continues to be my position that a claim is timely by my client up
to one year from the completion of the project, which was issued
by the District in this case on September 18, 1989. Although the
basis for the claim involves an unexpected and undisclosed
condition at the project that was discovered during the course of
work, all attempts to informally resolve the dispute during the
course of construction have been unsuccessful. In fact, my client
initiated an informal meeting after the completion of work in an
attempt to avoid litigation. The District rejected the total cost
approach provided despite it being a recognized method of computing
damages (see PeoDle ex reI DeDartment of TransDortation v. Guy F.
Atkinson ComDany, 187 Cal.App.3d 25 (1986)).
In our telephone conversation you implied that there are numerous
limitation periods applicable to this situation and that the
District is taking no position with respect to waiving or tolling
those provisions. Since none have been identified, and in an
effort to clarify any ambiguity arising therefrom, please accept
this letter as my client I s formal application under California
Government Code section 900, et seq. The necessary information is
Page 7 of 7
,
I
Kenton AIm, Esq.
August 27, 1990
Page 2
required by said section is set forth below. I am hopeful that an
informal resolution of my client's claim can still be made. My
client has investigated hiring a construction management company
to review and present any additional documentary background
information that may be helpful in evaluating the claim.
Michael V. Novo, V & M Construction/Backhoe, 5290 Neroly Road,
Oakley, California is the claimant. The incident that gives rise
to this claim is the differing subsurface conditions not disclosed
by the District that were either known by the District or were
discoverable by the District had the District followed the
recommendations of its consultants and the additional labor and
materials necessary to proceed with the project with said different
site conditions. The claimant incurred damages in excess of
$10,000 and in an amount within the jurisdiction of the Contra
Costa Superior Court. Said damages are now known to be in excess
of $50,000 but not more than $235,000. No death or personal injury
damage is a part of this claim. As you are aware, I am under an
ethical obligation as a lawyer in the State of California not to
contact your client directly. Thus, this claim is being presented
to you with the same force and effect as if filed with the
Secretary of the Contra Costa County Sanitation District.
Very truly yours,
GAGEN, McCOY, McMAHON & ARMSTRONG
A ~s:s;orporation
victor ~onti
VJC:nh
cc: client
i:\client\20123\827A1m2.1tr
.
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
PAGE 1 OF
POSITION PAPER BOARD MEETING OOecember 6, 1990
NO.
SUBJECT
DENY CLAIMS FOR ALLEGED DAMAGES INCURRED
FROM THE MAY 1990 OVERFLOW INCIDENT INVOLVING THE
CORPS OF ENGINEER'S BYPASS PROJECT THROUGH THE
CITY OF WALNUT CREEK
7. LEGAL LITIGATION b.
Q~TE
November 30, 1990
TYPE OF ACTION
DENY CLAIMS
SUBMITTED BY
INITIATING DEPT.lDIV
Jack E. Campbell
ISSUE: A group of 42 claims for personal injury and property damage has been filed on behalf
of the people allegedly involved in the 1990 Memorial Day weekend flooding incident which
occurred in Walnut Creek. Claim denials require action by the Board of Directors.
BACKGROUND: Prior to the Memorial Day weekend in late May 1990, Ball, Ball, and
Brosamer, the contractor on the Corps of Engineer's Walnut Creek Bypass Project, allegedly
dammed San Ramon Creek in the course of the construction work. There was a rainstorm
over the weekend, and on May 28, 1990, water backed-up into a parking lot at 1250 Walker
Drive, Walnut Creek, and onto the 100 block of Norlyn Drive, Walnut Creek. The residents
of, and the visitors in, this area are alleging personal injury and property damage resulting
from this incident.
The Ball, Ball, and Brosamer insurance adjuster supposedly has been working to resolve the
damage claims; however, the attorneys representing the claimants have now filed for an
unknown amount against the District and other public agencies in order to protect their
clients' legal rights. The District's position is, and has been, that the contractor is the
responsible party and should handle any claims relative to this incident. For this reason the
staff recommends that the claims be denied.
RECOMMENDATION: Deny the claims filed on behalf of 42 parties allegedly damaged by the
1990 Memorial Day weekend overflow in Walnut Creek and refer to staff for further action
as needed.
INI IA(CT.lDIV.
MENDED FOR BOARD ACTION
1302A-9/
JEC
PM
KLA
.
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
PAGE 1 OF
POSITION
PAPER
BOARD MEETING OF
December 6, 1990
NO.
7.
LEGAL/LITIGATION c.
November 30, 1990
SUBJECT
DATE
DENY CLAIM FROM JAMES AND ELEONORE HESSLER
TYPE OF ACTION
DENY CLAIM
SUBMITTED BY
Jack Campbell, Admin. Operations Manager
INITIATING DEPT.lDIV
Administrative/Risk Management
ISSUE: James and Eleonore Hessler of 1815 Bollinger Canyon Road, San Ramon, have filed a
claim for $200,000 against the District alleging ground water and soil contamination. Claim
denials require action by the Board of Directors.
BACKGROUND: The District owns and operates the Bollinger Canyon leach line, a waste water
disposal system that percolates septic tank effluent from Tracor Aerospace, Inc.(Tracor), one
private residence, and one forestry department outpost along Bollinger Canyon Road.
In May of this year, the District found trace amounts (below drinking water standards) of an
organic solvent in water from one unused well on the Hessler property. Follow-up sampling done
in July, August, and September from this and the other Hessler well did not show any
contaminants. The staff recommends that the claim be denied because the alleged
contamination has either been non-detectable or within acceptable drinking water standards.
RECOMMENDATION: Deny the claim for $200,000 from James and Eleonore Hessler which
alleges ground water and soil contamination. Refer to staff for further action as needed.
1302A-9/85
JEC
PM
KLA
ING DEPT.lDIV.
[lC
.
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
PAGE 1 OF 1
POSITION PAPER BOARD MEETING OF December 6, 1990
SUBJ'OENY AN INJURY CLAIM FROM DENNIS
BERG, A CONSTRUCTION CONTRACTOR'S EMPLOYEE
NO.
7. LEGAL/LITIGATION d.
Dl'-JE
November 28, 1990
TYPE OF ACTION
DENY CLAIM
INITIA TING DEPT./DIV
Administrative/Risk Management
ISSUE: Mr. Dennis Berg, who was an employee of a contractor working on a Corps of Engineers
project, has filed a claim for an unknown amount against the District alleging a jOb-related back
injury. Claim denials require action by the Board of Directors.
BACKGROUND: Dennis Berg was hired as an iron worker by Ball, Ball, and Brosamer, the
contractor for the Walnut Creek Bypass project on May 16, 1990. The project contract is by the
Corps of Engineers with the District paying for a portion of the work. On May 17, 1990, he
claimed an occupationally related back injury allegedly resulting from handling re-inforcing steel.
He has now filed a personal injury claim against East Bay Municipal Utility District, Central Contra
Costa Sanitary District, and the City of Walnut Creek alleging that these agencies have
responsibility for this injury. This should be handled strictly as a workers' compensation matter
because this District and the other agencies do not have any responsibility for injuries to
contractor's employees. Therefore the staff recommends that the claim be denied.
RECOMMENDATION: Deny the personal injury claim from Dennis Berg, a Ball, Ball, and Brosamer
employee, and refer it to staff for further action as needed.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
PM
KLA
~
Centra~ ~ontra Costa Sanitary aJistrict
BOARD OF DIRECTORS
POSITION
PAPER
BOARD MEETING OF
December 6, 1990
PAGE 1 OF 1
NO. 10. EMERGENCY SITUATION
R ON
SUBJECT
DATE
AUTHORIZE THE EXECUTION OF A COMMON USE
AGREEMENT WITH PACIFIC GAS AND ELECTRIC
COMPANY (JOB 4351 - PARCEL 1) WALNUT CREEK
December 5 1990
TYPE OF ACTION
APPROVE COMMON
USE AGREEMENT
SUBMITTED BY
Dennis Hall
Associate Engineer
INITIATING DEPTDIV
Engineering Department
Construction Division
ISSUE: Board approval is required to execute a Common Use Agreement which will permit
the construction of two underground electric transmission conduits within an existing Central
Contra Costa Sanitary District easement.
BACKGROUND: Pacific Gas and Electric is providing electrical service to a new convalescent
hospital on Tice Valley Boulevard through an area totally encumbered by easements. The most
appropriate location for the electrical conduits is along the edge of the District's ten foot wide
sanitary sewer easement. District staff has determined that the placement of the electrical
conduits in the District's easement will not have an adverse effect on the operation and
maintenance of the sanitary sewer pipeline.
The proposed agreement consents to the installation of the electrical conduits in the District's
easement, identifies the District's prior rights, and indemnifies the District from claims and
liabilities due to the existence of the conduits.
The proposed agreement 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 the Common Use Agreement with Pacific Gas and Electric,
Job No. 4351, authorize the President of the District Board of Directors and the Secretary of the
District to execute said document.
JSM
RAB
REVIEWED AND RECOMMENDED FOR BOARD ACTION
nO?A 98',
~
DH
;JcIft/
INITIATING DEPT /DIV