HomeMy WebLinkAboutAGENDA BACKUP 03-20-86
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Cenh
Contra Costa Sanits, District
BOARD OF DIRECTORS
I PAGE 1
OF 1
POSITION
PAPER I BOARD MEETING OF
March 20, 1986
NO.
V.
CONSENT CALENDAR 3
SUBJECT
ACCEPT THE CONTRACT WORK FOR CONSTRUCTION OF THE
PLANNING DIVISION OFFICE SPACE IMPROVEMENTS
PROJ ECT AND AUTHORIZE THE FIL ING OF THE NOTICE
OF COMPLETION <DISTRICT PROJECT 20033)
DATE
March 6, 1986
TYPE OF ACTION
ACCEPT CONTRACT WORK
SUBMITTED BY
Tom Trice, Engineering Assistant
INITIATING DEPT./DIV.
Engineering Dept./Construction Div.
ISSUE: Work has been completed on the Planning Division Office Space
Improvements Project in the District Office Building and the contract work is now
ready for acceptance.
BACKGROUND: The contract work i ncl uded constructi on
offices, installation of electrical and telephone
installation of District-furnished carpeting within a
area in the District Office Building.
of full hei ght wall s for
services, painting, and
2,100 square foot vacant
John DeRespini Construction Company was issued a Notice to Proceed on January 6,
1986. On February 18, 1986 (two weeks ahead of the contract completion date), the
work was completed by.the Contractor. The Planning Division occupied the new
office space on February 24, 1986. It is appropriate to accept the contract work
at this time.
RECOMMENDATION: Accept the contract work for construction of the Planning
Division Office Space Improvements Project (District Project 20033) and authorize
the filing of the Notice of Completion.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
130211.9/85
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Centr
Contra Costa Sanita, District
BOARD OF DIRECTORS
PAGE 1 OF 1
POSITION
PAPER
BOARD MEETING OF
March 20 1 86
NO.
v.
CONSENT CALENDAR 4
CLOSE OUT OF THE LANCASTER ROAD, WALNUT CREEK PARALLEL
TRUNK SEWER PROJ ECT <DISTRICT PROJ ECT 4082) AND RETURN
$15,846 TO THE SEWER CONSTRUCTION FUND
DATE
Ma c
TYPE OF ACTION
SUBJECT
INFORMATION
SUBMITTED BY
INITIATING DEPT.lDIV.
Ron Klimczak, Senior Engineer
Div.
ISSUE: All work has been completed on the Lancaster Road, Walnut Creek, Parallel
Trunk Sewer Proj ect and th i s proj ect can now be closed out.
BACKGROUND: The proj ect was desi gned to correct a sewage flow capacity probl em in
an existing 10-inch sewer which was the primary cause of flooding of homes at an
upstream point in the local sewer system. The final project design was expedited
to allow for completion of the work prior to the 1985-86 winter season to avoid
any further sewer overflow problems. The work on this project included
installation of 410 feet of 15-inch PVC pipe, 1,007 feet of 12-inch PVC pipe,
construction of four trunk manholes, installation of 10 backwater overflow
devices, and three clean outs on existing homes along Lancaster Road in Walnut
Creek. The proj ect from begi nni ng of design to compl eti on of the contract work
took approximately 5 months which is a very short length of time for an entire
proj ect to be compl eted.
Orca Constructi on Company was awarded the contract and they began work in 1 ate
September, 1985. Although beginning a major trunk sewer project this late in the
year creates the potential for delays due to the weather, the contractor
aggressively pursued the work by working nine and ten hour days as well as on a
few Saturdays. Orca's deligent efforts were instrumental in the successful
completion of the project on November 1., 1985, the required completion date. The
proj ect was consi dered very successful si nce no reports of sewage overflows were
received during the extremely heavy wet weather which occurred in February, 1986.
The in-house District design was very complete leading to a minimum of
construction probl ems and only one contract change order. This Change Order was
needed to relocate an existing house sewer lateral into a new trunk manhole at a
cost of $395.
The Engineer's estimate for the construction contract was $116,142. The contract
bid price was $131,949. The total contract amount paid to Orca Construction
Company was $129,014. The total budgeted amount for the enti re proj ect was
$175,449. The total completed project cost is $159,603, which is $15,846 less
than the budget. Staff is closing out the project which will result in $15,846
being returned to the Sewer Construction Fund.
RECOMMENDATION: This item is presented to the Board for information. No action
is necessary.
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REVIEWED AND RECOMMENDED FOR BOARD ACTION
130211.9/85
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INITIATING DEPT.lDIV.
.
Centr, Contra Costa Sanita. District
.,
BOARD OF DIRECTORS
PAGE 1 OF 2
POSITION
PAPER
BOARD MEETING OF
March 20, 1986
NO.
V. CONSENT CALENDAR 5
D'U~rch 12, 1986
SUBJECT
QUITClAIM SEWER EASEMENT, JOB 1554 - MISCELLANEOUS
PARCEL, WALNUT CREEK AREA
TYPE OF ACTION
Approve Quitclaim
of Easement
SUBMITTED BY
INITIATING DEPT./DIV.
Dennis Hall, Associate Engineer
Engineering/Construction
ISSUE: The Hofmann Constructi on Co. , Inc. , owner-developer of
Subdiv i si on 6579 has requested th i s Di stri ct to q uitcl aim the subj ect easement.
BACKGROUND: The subject easement was granted to the District in
September, 1950. District records indicate that this easement was never
used for sewer purposes. The land which surrounds the subject easement
is being developed as condominiums (CCCSD Job. No. 4125). New easements
are being created to serve the improvements within the condominium
project. The subject easement is no longer needed for District purposes.
The owner-developer has paid the District's processing fee.
RECOMMENDATION: Approve Quitclaim Deed to Hofmann Construction Co. Inc.,
Job No. 1554. Authorize the President of the District Board of
Di rectors and the Secretary of the District to execute sai d Quitcl aim,
and authorize the Quitclaim to be recorded.
1302/1-.9/85
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Job 1554 EASEMENT
WALNUT - Mise
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Page 2 of 2
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Centt
Contra Costa Sanita. District
BOARD OF DIRECTORS
PAGE 1 OF
POSITION
PAPER
BOARD MEETING OF
March 20, 1986
NO.
v.
DATE
CONSENT CALENDAR 6
SUBJECT
QUITClAIM SEWER EASEMENT, JOB 3635, SUBDIVISION 6024,
MORJlGA AREA
March 12, 1986
TYPE OF ACTION
APPROVE QUITClAIM
OF EASE~NT
SUBMITTED BY
INITIATING DEPT./DIV.
DENNIS HALL, ASSOCIATE ENGINEER
Engineering/Construction
ISSUE: C.W.O.K., owner-developer of Subdivision 6024, has requested the
District to quitclaim a portion of the sewer easement which lies within
the Lots 53 and 54 of Subdivision 6024.
BACKGROUND: The subject easement was granted to the District in November,
1984. Subsequently, the line between Lots 53 and 54 was adjusted to
provide for better use of the building site on Lot 54. The sewer plans
were changed to shorten the public sewer to keep it clear of the building
site. No portion to the District's sewer is within the easement area to
be qui tel aimed. The exi sti ng sewer will not be extended and therefore
this portion of the existing easement is no longer needed. The
owner-developer has paid the District's processing fee.
RECOMMENDATION: Approve Quitcl aim Deed to C. W. O. K. , a General
Partnership, Job 3635, 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
130211.9/85
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QUITCLAIM EASEMENT
Job 3635 - Portion Parcel 3
MORAGA AREA
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Centr
Contra Costa Sanita~ _ District
BOARD OF DIRECTORS
PAGE 1 OF 2
POSITION
PAPER
BOARD MEETING OF
March 20, 1986
NO.
v. CONSENT CALENDAR 7
M'~t~h 14, 1986
SUBJECT
APPROV E AND EXECUTE "L OAN APPROV AL AND ESTOPPEL
PGREEM:NT" RELATED TO LEASE OF DISTRICT PROPERTY
AT WILLOWS SHOPPING CENTER
TYPE OF ACTION
APPROV E AND EXECUTE'
PGREEMENT
SUBMITTED BY
Dennis Hall, Associate Engineer
INITIATING DEPT./DIV.
Engineering Dept./Construction Div.
ISSUE: The District has been requested to execute the subject agreement by VMS
1984-133, Ltd. ("VMS").
BACKGROUND: On January 20, 1983 this District leased property to Willows Concord
Venture for additional parking at the Willows Shopping Center which is identified
as "proposed parki ng area" on the attached map. The property leased is a 20 foot
wide strip of land in which the District's main trunk sewer (A-line) is located.
On August 20, 1985 Wil1CfNs Concord Venture assigned the parking lease to "VMS", a
California limited partnership. VMS has applied for a new loan to replace an
existing loan on the improvements at the WillCfNS Shopping Center. As a condition
of the new loan, the subject agreement must be executed by VMS and the District.
In the event of foreclosure on the loan by the lender, the lender would replace
"VMS" as the lessee of the District's property. The District assumes no liability
for the loan obligation and all terms of the parking lease remain unchanged. Any
modification of the parking lease will require the consent of the District, VMS,
and the lender. The District's Counsel has reviewed and concurs with the form of
the agreement.
RECOMMENDATION: Approve the "Loan Approval and Estoppel Agreement" with VMS
1984-133, Ltd. and Pacific First Federal Savings Bank (lender) and authorize the
President of the District Board of Directors to execute the agreement in triplicate.
111"
. ARD ACTION
INITIATING DEPT./DIV.
130211.9/85
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Page 2 of 2
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LEASED PARKING AREA
WILLOWS SHOPPING
CENTER
.
Centr, Contra Costa Sanita~ _ District
BOARD OF DIRECTORS
PAGE 1 OF 2
March 20, 1986
NO.
V.
CONSENT CALENDAR 8
POSITION
PAPER
BOARD MEETING OF
SUBJECT
AUTI-IORIZE $9,200 FROM THE SEWER CONSlRUCTION FUND FOR
THE REPLACEMENT OF APPROXIMATELY 395 FEET OF PIPELINE
IN LA FOND LANE IN ORINDA BY DISlRICT FORCES
DATE
March 14, 1986
TYPE OF ACTION
AUTHORIZE FUNDS
SUBMITTED BY
INITIATING DEPT./DIV.
John Larson, Manager
Collection System Operations
ISSUE: Capital funds are needed to repl ace a section of publ ic sewer in order to
prevent sewage overflows.
BACKGROUND: The publ ic sewer that serves the residences on a portion of La Fond
Lane in Orinda is currently in very poor condition. The sewer has problems with
root intrusion, low spots, and structural cracks. The poor condition of the sewer
has been the cause of previous overflows. In 1982 this pipe plugged causing over
$3,800 in property damage. In order to prevent a recurrence of the overflows this
pipeline is currently maintained every 6 months.
Replacement of this old 6-inch pipe with a new 8-inch pipe is recommended at this
time because it is cost effective in terms of potenti al future damage cl aims and
maintenance costs.
RECOMMENDATION: Authorize $9,200 from the Sewer Construction Fund for the
replacement of approximately 395 feet of pipeline in La Fond Lane in Orinda by
District forces.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
INITIATING DEPT./DIV.
JL
Attachment
Position Paper
March 12, 1986
Page 2 of 2
LA FOND LANE" ORINDA" SEWER REPLACEtENT
OOST ESTIMATE
UNIT
L.4BOR COST
UNITS
QUANTITY
TOTAL
COST
o Excavate and Install
Pipeline $ 17.00 LF 395 $6,700
o Final Paving 1.70 SF 790 1,300
Subtotal 8,000
Contingency @ 15% 1,200
TOTAL $9,200
J RCI gg
.
Centrt, _ Contra Costa Sanitar, District
BOARD OF DIRECTORS
PAGE 1 OF 4
POSITION
PAPER
BOARD MEETING OF
March 20, 1986
NO.
VI.
ADMINISTRATIVE
SUBJECT
DATE
March 17, 1986
APPROVE REPLACEMENT OF DISTRICT'S COMMERCIAL PUBLIC
OFFICIALS' LIABILITY INSURANCE BY A SELF-INSURANCE
POLICY
TYPE" Q.F ACTION
APPROVE SELF-
INSURANCE POLICY
SU9~'CkE~~Y Campbell
Administrative Operations Manager
INITIACtMlf RtstPa'1:i vel
Risk Management and Safety
ISSUE: The Di strict's exi sti ng commerci al insurance policy for Public Offici al s'
Liability coverage has been cancelled by the carrier effective March 26, 1986. The
staff proposes self-insuring this risk.
BACKGROUND: When the District received notice of the policy cancellation, Counsel
for the District protested to the carrier and to the State Insurance Commissioner.
The Administrative Operations Manager also requested the District's insurance broker
to find equivalent replacement coverage. None of these actions has brought results
to date; but, in the meantime, the Risk Management Consultant, David Warren,
presented the insurance study which recommends that the District self-insure all of
its ri sks. Therefore, under the ci rcumstances, it woul d be appropri ate to begi n
with this coverage.
The District has not had any losses which would be covered by this type of insurance
and there are no cl aims of thi s type pendi ng. However, there may be futu re
liability claims against the District, Board members, or an employee which would
come under the scope of Publ ic Officials' Liabil ity coverage. Payment of such a
claim would not occur this fiscal year so the method for funding can wait until the
overall ri sk fi nanci ng pl an is developed for the proposed all-ri sk sel f-i nsurance
program.
However, a District policy, as opposed to a commercial insurance policy, should be
put in place by the March 26 expiration date so that if a claim is filed subsequent
to that date, it would be clear to all parties as to what coverage the District
would provide. Attached is an interim Public Officials' Liability policy statement
developed by the staff and reviewed by Counsel for the District and David Warren.
Staff and District Counsel recognize this policy statement may require additional
review. This statement would be used on an interim basis until the more
comprehensive District policy on risk management is developed.
RECOMMENDATION: Review the attached statement for Di strict coverage of Publ ic
Officials' Liability and approve it as an interim District policy to be followed for
Public Officials' Liability claims until the more comprehensive District Risk
Management policy is adopted.
TI~~IV
1302,0.
JEC
PM
JLH
March 11, 1986
Attachment
INTERIM CCCSD EMPLOYEES' AND
PUBLIC OFFICIALS' INDEMNITY POLICY
The Central Contra Costa Sanitary District shall provide in-
demnif ica tion coverage for off icials and employees. This
statement describes the policy which the District will follow
when a liability claim involves this type of coverage.
A. Covered Individuals
1. Coverage is provided to all individuals who are,
will be, or have been elected or appointed as
public officials of the District.
2. Coverage includes members of the Board of Di-
rectors and the members of any committees, boards
or commissions appointed by the District or de-
signated by the District to serve on its behalf.
3. District volunteer workers are covered.
4. All employees of the District are covered.
5. Heirs, estates, executors, administrators, legal
representatives, and assigns of all the above are
covered in the event of death or incapaci tation of
a covered individual.
B. Coverage Trigger
This coverage is provided to all the above individuals
only when at the time of the occurrence out of which the
claim arises they are functioning in the course and
scope of their District-related activity. This cover-
age applies regardless of when the claim is made. The
employee or official, or former employee or official,
must tender a request in writing to the District to
defend against the claim or action not less than ten days
before the day of trial.
C. Coverage
Coverage is provided for liability arising from actual
or alleged negl igence, errors or omissions, breaches of
duty, misfeasance, malfeasance, and nonfeasance of the
covered individuals.
This interim District policy shall take effect pro-
spectively only on March 26, 1986, and remain in effect
until a formal District policy has been adopted by the
Board. The terms of this policy shall apply to any claim
or cause of action which may arise out of an occurrence
within the period that this interim policy is in effect.
-1-
D. Terms and Conditions
The District will, on behalf of those covered indi-
viduals provide a defense and pay all sums which the
individual becomes legally obligated to pay as damages
resulting from:
1. Claims against District-elected and appointed of-
f icials acting wi thin the course and scope of their
office.
2. Claims against District staff acting within the
course and scope of their professional duties.
3. Claims due to dismissal, demotion, or other em-
ployment actions or inactions.
4. Faulty preparation of bid specifications.
5. Punitive damages, only if authorized pursuant to ~
825(b) of the California Government Code.
6. Intentional acts, only if authorized pursuant to ~
825(b) of the California Government Code.
7. Violations of civil rights, however punitive dam-
age portion only if authorized pursuant to ~ 825(b)
of the California Government Code.
E. Selection of Counsel
The District will provide a defense for the covered
individuals and shall select competent counsel for such
joint defense. The obI iga tion on the part of the
District is to provide an adequate defense, and, in the
event that the covered individual is dissatisfied with
the representation provided, a request may be made for
independent or alternative counsel.
The District will provide independent counsel to those
covered individuals when a conflict of interest exists
between one or more covered individuals or a covered
individual and the District. When a conflict of in-
terest is determined to exist by the District Board, a
covered individual may then select his own independent
counsel provided that only reasonable defense expenses
will be paid by the District. A covered individual may
at any time select his own counsel to be compensated at
his own expense.
-2-
The District Board will retain the authori ty to make all
final decisions in instances where dissatisfaction wi th
the District-selected counsel may occur and/or in in-
stances where a conflict of interest is alleged. The
District Board agrees to at all times deal in good fai th
with those covered individuals requesting alternate or
seperate counsel.
F. Assertion Of Governmental Immunity
The District agrees not to seek governmental immunity
unless all covered individuals have been appraised of
the intended defense approach. To the extent a covered
individual has objection to the assertion of govern-
mental immunity as a defense approach, that individual
may request a meet and confer process prior to such an
assertion which may lead to dismissal of the District.
If a dispute arises between a covered individual and the
District regarding the assertion of governmental im-
muni ty defense which remains unresolved after a meet and
confer process, the District Board shall have the final
authority in regard to the assertion of all defenses as
may be available to the District. The District Board
agrees to deal in good fai th wi th the covered individual
in regard to any dispute which arises under this para-
graph.
G. Miscellaneous Terms
Besides coverage for any judgments and legal expenses
the District will also pay premiums on appeal bonds,
interest on judgments, and any expenses incurred rela-
tive to the defense of claims as set forth above.
The District agrees that this coverage is provided on an
occurrence basis wi th no limit on the discovery period.
When the District has a commercial liability insurance
policy in force which provides coverage for an occur-
rence which also falls under this District policy, the
commercial insurance shall be primary with this policy
providing coverage for any deductible or excess a-
mounts.
-3-
.
Centr" Contra Costa Sanital District
..
BOARD OF DIRECTORS
PAGE 1 OF 2
POSITION
PAPER
BOARD MEETING OF
March 20, 1986
NO.
VII. ENGINEERING
SUBJECT
RESCIND POLICY FOR PROCESSING PETITIONS
FOR ANNEXATION OF PROPERTIES TO THE DISTRICT
IN THE LAKE ORINDA HIGHLANDS AREA
DATE
March 18, 1986
TYPE OF ACTION
RESCIND POLICY
SUBMITTED BY
INITIATING DEPT./DIV.
Jay S. McCoy, Construction Div. Manager
Engineering Dept./Construction Div.
ISSUE: The Board's policy of providing public hearings on the majority of Board
actions affecting the Lake Orinda Highlands area can be changed as a result of the
recent incorporation of the City of Orinda.
BACKGROUND: It is a requirement of the Board's previous policy for processing
annexation petitions from Qlners of property in the Lake Orinda Highlands area
that public heari ngs be hel d on all such petitions. This policy was adopted
because of a hi story of controversy surroundi ng sewer extensi ons and development
in the area. Lake Orinda Highlands area is the only area within the District
where the Board hol ds a publ ic heari ng for all annexati on petiti ons. Testimony
received at the hearings on the last two petitions from the Lake Orinda Highlands
area was in favor of the annexations. There was no controversy in these two
instances.
Now that Orinda has become a city, the District can withdraw from planning issues
and treat Lake Orinda Highlands' annexation issues in the same manner as other
District annexations. Staff has discussed the Board's previous policy with the
City of Orinda and the city staff has agreed to certain revisions to this policy
which will result in less hearings for the District's Board of Directors. The
recommended acti on of resci ndi ng the current Board pol icy will resul tin all
peti ti ons for annexati on to th i s Di stri ct bei ng processed in the same manner.
The staff procedure for processi ng of annexati ons is enclosed for the Board's
i nf ormati on.
This position paper was distributed to the Annexation Policy Committee and the
Committee indicated their support of the proposed revised policy.
RECOMMENDATION: Resci nd the pol icy for processi ng petiti ons for annexati on of
properties to the District in the Lake Orinda Highlands area which will result in
these petitions being processed in accordance with generally applicable District
procedures.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
RAB
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Page 2 of 2
STAFF PROCEDURE FOR PROCESSIt<<2 PETITIONS FOR ANNEXATION
1. If the Sanitary District (CCCSD) is the lead agency and the
annexation is categorically exempt from CEQA regulations, the
petition for annexation will be processed to the Board as a consent
item. No hearing will be held.
2. If CCCSD is the lead agency and the annexation requires a negative
declaration, the petition will be sent to the Board for processing
after the negative declaration is finalized. No public hearing will
be required unless the mitigation measures contained in the negative
declaration are challenged.
3. If CCCSD is the lead agency and the annexation requires an EIR, the
petition will be sent to the Board for processing along with the
approval of the project. This action will occur at the completion
of the EIR process. There will be a fact finding meeting or scoping
sessi on hel d at the area of the proposed annexati on duri ng the
initial stage of preparation of the EIR. Concerns of local citizens
will be identified and will be included in the EIR. In accordance
with CEQA, there will be a public hearing held by the Board.
4. In all cases as covered above, development plans will not be
accepted for review and building plans will not be reviewed by
District staff until the Board of Directors accepts the petition for
annexation for inclusion in a future formal annexation to the
District.