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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