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Home My WebLink AboutAGENDA BACKUP 11-16-1978VI. OB 2 11/16/78 November 9, 1978 MEMORANDUM FOR: THE HONORABLE MEMBERS OF THE BOARD OF DIRECTORS VIA: Roger J. Dolan, General Manager -Chief Engineer SUBJECT: ADOPT RESOLUTION AUTHORIZING THE LAW FIRM OF WILSON, MORTON, ASSAF & MCELLIGOTT TO PROCEED WITH INVERSE ACTION AGAINST THE FEDERAL GOVERNMENT FOR NONPAYMENT OF BOLLINGER CANYON SEWER ASSESSMENT BONDS ISSUE: The District Board of Directors must adopt the subject Resolution to permit appropriate legal action required to protect the District's interest in recovery of the delinquent bond funds. BACKGROUND: The Bollinger Canyon sewer system was funded and constructed in 1967 by Local Improvement District 48, primarily to serve youth training facilities proposed by Contra Costa County. The three parcels of land intended for use had been acquired from the Federal Government after being declared surplus. County use of these parcels subsequently ceased and the Federal Government exercised their right to reacquire the title to the property in 1972/1973. Sewer assessment bond payments have not been paid since 1974/1975 and are listed as delinquent by the County Tax Collector's Office. The law firm of Wilson- Morton, retained by the Sanitary District, has submitted a letter to the Federal Real Property Assistance Division in San Francisco with inquiry as to the actual property title reverter date and requesting a meeting to discuss the delinquent bond payments. Although the State Department of Forestry is proceeding to acquire two of the three subject parcels from the Federal Government with the intent of paying the delinquent bonds, the six -year statute of limitations for legal recourse is imminent and the status of the third parcel is still unresolved. In view of the above, legal counsel is recommending that formal legal action be filed no later than the week of November 27, 1978. The adoption of a Resolution authorizing this legal action to proceed is necessary. RECOMMENDATION: Approval, adopt subject Resolution authorizing the filing of legal notice to the Federal Government. Respectful submitted, A A Jay! McC y y 41� Collection System Engineering and Services Division Manager JSM:RK:sf Revie d t�Rev '41. C . Dalton Deputy General Manager -Chief Engineer Re enYnalger-Chief roved: oge General Engineer VII. N8 11/16/78 November 3, 1978 MEMORANDUM FOR: THE HONORABLE MEMBERS OF THE BOARD OF DIRECTORS VIA: Roger J. Dolan, General Manager -Chief Engineer SUBJECT: CLAIM OF MR. JOHN L. McCLURE, 3 LOS AMIGOS CT., ORINDA FOR $113.99 in PROPERTY DAMAGE ISSUE: This claim is the result of a stoppage in the main line sewer serving the McClure residence. BACKGROUND: This stoppage caused an overflow in two bathrooms, which spilled into the heater vents which were cleaned for $68.59; damaged sewing equipment worth $10.00; a picture worth $20.00; and a sleeping bag, bedspread and blanket cleaned for $15.40. RECOMMENDATION: Pay claim of $113.99. Respectfully submitted, Robert H. Hinkson Manager; Collection System Operations RHH:yb Recommendation Approved: YRoge J. olan General Manager -Chief Engineer VII. NF 7 11/16/78 November 8, 1978 MEMORANDUM FOR: THE HONORABLE MEMBERS OF THE BOARD OF DIRECTORS VIA: Roger J. Dolan, General Manager -Chief Engineer SUBJECT: AUTHORIZATION TO FILE NOTICE OF COMPLETION FOR DISTRICT SEWERING PROJECT 2856, FERRY STREET PARALLEL, MARTINEZ SUBJECT: Authorization to file Notice of Completion for District Sewering Project 2856, Ferry Street Parallel, Martinez. ISSUE: The project contractor, Mountain Construction, Inc., has satisfactorily completed the work and we are prepared to file the Notice of Completion. RECOMMENDATION: Accept District Sewering Project 2856 as complete and authorize the District General Manager -Chief Engineer to file the Notice of Completion. Respectfully submitted, +Jy S. M Collection System Engineering and Services Division Manager JSM:sf Reviewed b W. C. Dalton, Deputy General Manager -Chief Engineer RECO MENDATI N APPROVED: og r J. olan General Manager -Chief Engineer November 9, 1978 MEMORANDUM FOR: THE HONORABLE MEMBERS OF THE BOARD OF DIRECTORS VIA: Roger J. Dolan, General Manager -Chief Engineer SUBJECT: CONFIRM "AMENDED ASSESSMENT DIAGRAM(S)" AND AUTHORIZE RECORDING OF SAID DIAGRAM(S) Assessment Diagrams are amended as follows: Original Assessment Number 54- 2 -5 -17 Amended Assess- Apportioned Amount ment No. Amount $4,750.00 54- 2 -5 -18 $4,750.00 -19 4,280.48 ** ** = Equalization Charge to be collected by CCCSD at time of connection Respectfully submitted, /laKy S. McCoy Collection System Engineering and Services Division Manager JSM:WG:sf Reviewed By: W. C. Dalton Deputy General Manager -Chief Engineer A rea Danville Appr d: oger J. Ian General M Hager -Chief Engineer November 14, 1978 MEMORANDUM FOR: THE HONORABLE MEMBERS OF THE BOARD OF DIRECTORS VIA: Roger J. Dolan, General 'tanager -Chief Engineer SUBJECT: AUTHORIZATION FOR PARCEL,P.A. 78 -56 WALNUT CREEK AREA TO BE INCLUDED IN PENDING ANNEXATION TO THE DISTRICT o �o • e+ °o oa P� ea a Q�� PGte �o• O'''aaPa�t QatGg\ VII. NB 5 11 /l6 /i Board Action a P \1,1 p� 78 -56 W. C. Yes 4.92 JOSEPH M. LONG 1330 BROADWAY, SUITE 1330 OAKLAND, CA 140 - 210 -012 & -013 TWO PARCELS, !NEGATIVE DECLARATION BY COUNTY RECOMMENDATION: Authorize Parcel 78 -56 to be included in pending annexation to the District. Respectfully submitted, IJ. C. Dalton Deputy General Manger -Chief Engineer WC D: I/G : s f Reco endation Ap roved 9 a Genera Ma ager -Chief Engineer VII. NB 4 11/16/78 November 14, 1978 MEMORANDUM FOR: THE HONORABLE MEMBERS OF THE BOARD OF DIRECTORS VIA: Roger J. Dolan, General Manager -Chief Engineer SUBJECT: EXECUTE CONSENT TO DEDICATION (NO COST TO DISTRICT) No. Job No. Tract No. Area Remarks 1. 1554 M.S. 242 -77 Walnut Creek Our existing easements are Parcels 28 & within the area "Dedicated 29 to the County for drainage purposes ". There are no plans for underground drain- age at this time. Short form, the District retains prior rights. JSM:WG:sf • Respectfully submitted, -A ay S. McCoy Collection System Engineering and Services Division Manager W. C. Dalton Deputy General Manager -Chief Engineer pr ved: R40 ala ola Gene anager-Chief Engineer 0 3 VII. NB 11/16/7 November 9, 1978 MEMORANDUM FOR: THE HONORABLE MEMBERS OF THE BOARD OF DIRECTORS VIA: Roger J. Dolan, General Manager -Chief Engineer SUBJECT: EXECUTE AGREEMENT RELATING TO REAL PROPERTY WITH L.S. NELSON CORP., JOB 3067, LOCATED SOUTH OF ALTA MESA IN MORAGA ISSUE: The L. B. NELSON CORP. is developing Tract 5044 as a condominium project. The developer has requested permission to maintain a Tot Lot, two stone retaining walls, two concrete patio slabs and privacy fences for the two patios over a District easement. BACKGROUND: The condominium units have been constructed with the plumbing running towards the rear of the units. The sewer main must be located through the patios because there is a steep bank to the rear of the patios. This is the only logical location for the sewer. Ductile iron pipe will be installed in the area behind the homes. Staff has reviewed the situation and has determined that the improvements do not interfere with the projected use of our sewer, however, if they should become an interference or cause extra maintenance expense, the property owner is liable for these added costs to the District. RECOMMENDATION: Approval, execute "Agreement" and authorize its recording. Respectfully submitted, A 00i y S, McCoy Collection System Engineering and Services Division Manager JSM:WG:sf a Q _'-w Cou .el for the District Reviewed by: W. C. Dalton Deputy General Manager -Chief Engineer Rec endat on Approved: Rog J. Dolan General Manager -Chief Engineer VIZ. NB z 11/16/78 November 9, 1978 MEMORANDUM FOR: THE HONORABLE MEMBERS OF THE BOARD OF DIRECTORS VIA: Roger J. Dolan, General Manager -Chief Engineer SUBJECT: EXECUTE A CONSENT TO GRANT OF EASEMENT TO TELEVENTS, INC., OVER A PORTION OF EXISTING EXCLUSIVE C.C.C.S.D. EASEMENT, JOB NO. 1708, PARCEL 12 ISSUE: The District has an easement over Parcel A (63 P.M. 12) located west of Pleasant Hill Road, Lafayette. Televents, Inc. wants to install under- ground facilities within this easement. BACKGROUND: As owners of the existing easement, the District has prior rights in this area. Televents, Inc. has asked our consent to use a portion of this easement. They have acknowledged our prior easement rights which we will retain. The proposed work by Televents will not interfere with the existing sewer facilities in the easement. The board executed a consent to Grant of Ease- ment to P.G. &E. and P.T. &T. in this same area on October 5, 1978. RECOMMENDATION: Approval. Execute the consent to Grant of Easement as requested. Respectfully submitted, /,//W/ Jay S. McCoy Collection System Engineering and Services Division Manager JSM:WG:sf Reviewed by: W. C. Dalton Deputy General Manager -Chief Engineer Reco en?anager-Chief on A proved: Roge J. an Genera] Engineer November 14, 1978 MEMORANDUM TO: HONORABLE MEMBERS OF THE BOARD OF DIRECTORS VIA: Roger J. Dolan, General Manager-Chief Engineer FROM: Walter N. Funasaki, Finance Officer SUBJECT: RISK MANAGEMENT PROGRAM BACKGROUND: The principal recommendation made by Warren McVeigh and Griffin, risk management consultants, in their risk management audit report is the retention of routine property, liability, and workers' compensation losses and the purchase of broad excess insurance above the retained levels. The consultants believe retention limits of $100,000 per occurrence and $500,000 per year in each category of coverage - property, liability and workers' compensation - to be feasible for the District. To implement a risk reten- tion program, the District will require the services of a claims adjusting firm to process claims, a broker to market insurance, and consultants to perform loss control and safety inspections. Risk retention has the follow- ing primary benefits: 1. it eliminates the cost of risk transfer, including insurer overhead, broker's commission, rate - making boards and bureaus and state and federal taxes. 2. it focuses attention on the need for controlling losses, thus enhanc- ing loss prevention efforts. The principal disadvantage of a properly planned risk retention program is the likelihood of a greater variation of insurance expense (retained losses plus premiums) from year to year. The possibility that retained losses may exceed premium savings should not be considered a disadvantage. If these losses were insured, the insurer would eventually request additional premiums which could affect premiums in all layers of insurance. In their publication, Practical Risk Management, our risk management consultants indicate that, ordinarily, self- insurance of workers' compensation is the preferred approach if an organization has sufficient claims volume so that self - insurance costs (bonds, service fees, excess insurance, etc.) are not disproportionate to the cost of a minimum workers' compensation policy, and that claims administration equal to or better than that provided by insurance companies can be obtained. As the District's claims volume is less than the level which would produce economies of scale, further considerations of risk retention in this insurance category is being deferred. A decision regarding the feasibility of a risk retention program for property and liability insurance will be significantly influenced by the premium reduction achievable and the terms obtainable in the marketplace. The Schroder Insurance Agency has been directed to obtain premium quotations for the coverages recommended in Warren, McVeigh and Griffin's audit report to provide a basis for determining cost effectiveness (Letter attached). The premium quotations are expected to be received by November 27, 1978. The services of a competent broker is vital to an effective risk manage- ment program. The broker selection process has been instituted with requests for proposal letters being sent to six firms recommended by the consultants (letters attached). Responses to our letters are due by November 15, 1978. RECOMMENDATIONS: Approve the following revised time and action schedule: December 7 Staff recommendation for the basic features of a comprehen- sive District risk management program. December 14 Staff recommendation for appointment of an insurance broker and claims adjusting firm. December 18 The insurance broker will market the risk management program. January 16 The insurance broker will submit a report of the premiums, excess insurance levels and policy terms obtainable. January 31 Based on the insurance broker's report, a staff recommenda- tion will be submitted to the Board of Directors for the acceptance, rejection or modification of the risk management program. Respectively submitted, Walter N. Funasaki Finance Officer Reviewed by: Aec ndation ap roved: �(iLr -� W. C. Dalton D an Deputy General Manager -Chief Engr. General Manager -Chief Engineer WNF.jf c November 16, 1978 N MEMORANDUM FOR: THE HONORABLE MEMBERS OF THE BOARD OF DIRECTORS VIA: Roger J. Dolan, General Manager -Chief Engineer SUBJECT: AUTHORIZATION FOR PARCEL, P.A. 78 -57 DANVILLE, AREA, TO BE INCLUDED IN PENDING ANNEXATION TO THE DISTRICT Qp�a\� p� p . e, G o\ <p P .0 �p p a Qp�C PG { <Gp\ �p . Board Action a PJ\�G pvc pd ` 78 -57 Danv. Yes 4.38 ELMER P. HERRIER, ET UX MINOR SUB NO. 295 -71 PRELIMINARY 175 OAK ROAD PLAN AND NEGATIVE DECLARATION DANVILLE, CA APPROVED BY COUNTY. 4 SINGLE 196- 120 -03 FAMILY BUILDING SITES. RECOMMENDATION: Authorize Parcel 78 -57 to be included in pending annexation to the District. Respectfully submitted, r _ W. C. Dalton Deputy General Manager-Chief Engineer WCD:WG :sf R endati n pproved: Roge J. olan General Manager -Chief Engineer November 15, 1978 MEMORANDUM FOR: THE HONORABLE MEMBERS OF THE BOARD OF DIRECTORS VIA: Roger J. Dolan, General Manager -Chief Engineer SUBJECT: $13,110 CLAIM BY JOSEPH R. RAMOS FOR WORK AND MATERIAL FURNISHED UNDER CONTRACT WITH THE DISTRICT FOR DISTRICT SEWERING PROJECT 2656, OAK PARK BLVD. ISSUE: A claim has been filed by Joseph R. Ramos for alleged nonpayment for work performed. Provisions for imported backfill material and foundation material were included as part of the project. BACKGROUND: The contractor claims payment should be made under separate contract bid items. The District contends that the specifications state that payment for the material is included in the bid item for pipe in place and therefore the claim is justified. RECOMMENDATION: Deny the claim by Joseph R. Ramos for payment of $13,110 under contract DSP 2656. Respectfully submitted, q+ Jay S. McCoy Collection System Engineering and Services Division Manager JSM:sf Reviewed by: c2 �C�- W. C. Dalton Deputy General Manager -Chief Engineer Reco ndation Approved: Roger Do an General Manager -Chief Engineer c November 15, 1978 MEMORANDUM TO: HONORABLE MEMBERS OF THE BOARD OF DIRECTORS VIA: Roger J. Dolan, General Manager -Chief Engineer SUBJECT: VALLEY DISPOSAL RATE INCREASE REQUEST ISSUE: Pursuant to a request by the Board of Directors, data has been provided by Valley Disposal Service in support of its request for a rate increase effective January 1, 1979. The Board is to establish the percentage increase, if so determined. BACKGROUND: The Board of Directors established the garbage disposal rates for July 1, 1978 to December 31, 1978 for all franchisees. The rates, effective January 1, 1979, were set for Orinda Disposal Service, Moraga Disposal Service and Lafayette Disposal Service, but were deferred for Valley Disposal Service and Diablo Disposal Service pending receipt of clarification of disparities in the projected operating results of these two companies. Valley Disposal Service has submitted its analysis and supporting schedules which indicate that the disparity in operating results is due to a more profitable distribution of higher can -count customers for Diablo Disposal Service, and the fact that the expense for a contingency labor force is totally borne by Valley Disposal Service (copy attached). Valley Disposal Service's supporting data has been forwarded to the J. S. Plourde Accountancy Corporation for review and recommended rate increase percentage. The response from the public accountant will be received by November lb, 1978. (Copy of transmittal letter attached) RECOMMENDATION: Consideration should be given to setting a hearing date for establishing the rates for Valley Disposal Service and Diablo Disposal Service effective January 1, 1979. Respectfully submitted, /442t �,... -..r✓ Walter N. Funasaki Finance Officer Reviewed by: ff -A W_�V W. C. Dalton Deputy General Manager -Chief Engineer WNF:jf Attachments Re mmendAn val: R g o Gen ral an Engineer