HomeMy WebLinkAboutAGENDA BACKUP 10-01-98
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Central Contra Costa Sanitary District
BOARD OF DIRECTORS
Page 1 of 3
October 1, 1998
NO.
4. CONSENT CALENDAR a
BOARD MEETING OF
September 23, 1998
TYPE OF ACTION
Set Public Hearing
DATE
SUBJECT
ESTABLISH NOVEMBER 5,1998, AT 2 P.M. AS THE DATE AND TIME FOR A PUBLIC HEARING TO
CONSIDER ADOPTION OF A RESOLUTION OF NECESSITY FOR THE ACQUISITION OF EASEMENTS
IN THE TANGLEWOOD DRIVE AREA OF LAFAYETTE, JOB NO. 5052
SUBMITTED BY
Jay S. McCoy, Env. Services Division Mgr.
INITIATING DEPT/DIV
Engineering Dept/Environmental Services Division
ISSUE: A public hearing must be conducted and a Resolution of Necessity adopted to initiate eminent
domain (condemnation) proceedings for acquisition of public easements.
BACKGROUND: A group of owners whose six parcels are located on Mt. View Drive, in the city of
Lafayette, are proposing to extend a public sanitary sewer. Three of the six parcels are currently
vacant. The other three have homes which are presently served by septic tanks in various stages of
failure.
In November 1968, a grant deed was recorded purporting to vest title to Mt. View Drive with the
Tanglewood Homes Association reserving a non exclusive right of way to the subdividors/grantors for
utilities. In addition, the Tanglewood subdivision map was filed in January 1968 which includes an Offer
of Dedication of Mt. View Drive to the public use. The dedication was never expressly accepted and the
extent of public use since the offer is uncertain.
The proposed sewer extension begins at the intersection of Tanglewood Lane and Mt. View Drive and
extends westward in Mt. View Drive. In order to proceed with the planned extension, an easement must
be obtained from the owner of Mt. View Drive through which the proposed sanitary sewer will extend.
District staff has concluded that, notwithstanding the above ambiguities in the title, the owner of the
portion of Mt. View Drive through which the extension will pass is arguably the Tanglewood Homes
Association. After lengthy negotiations, the Association has not agreed to grant an easement for the
sewer extension. Therefore, condemnation of an easement in Mt. View Drive, to the extent the public
does not already possess an easement or implied rights, is being considered.
In addition, the District lacks a recorded easement over that portion of the existing sanitary sewer which
is downstream of the intersection of Tanglewood Lane and Mt. View Drive. This portion of the existing
sewer is located in Tanglewood Lane and Tanglewood Drive, also private streets which, pursuant to the
4/8/98
DATE
September 23, 1998
Page 2 of 3
SUBJECT
ESTABLISH NOVEMBER 5, 1998, AT 2 P.M. AS THE DATE AND TIME FOR A PUBLIC HEARING TO
CONSIDER ADOPTION OF A RESOLUTION OF NECESSITY FOR THE ACQUISITION OF EASEMENTS
IN THE TANGLEWOOD DRIVE AREA OF LAFAYETTE, JOB NO. 5052
November 1968 grant deed, are owned by the Tanglewood Homes Association. The District has an
easement within T anglewood Lane and Drive by dedication and use. District staff and the group of six
parcel owners have been conducting discussions with the T anglewood Homes Association (the owners
of Tanglewood Lane and Drive) for the purpose of obtaining a recorded sanitary sewer easement.
In these discussions, Mr. Robert Kelso, President of the Tanglewood Homes Association, has placed
certain conditions on the granting of the easements. Some of the conditions are not related to the
sanitary sewer extension, but rather relate to the development of an adjacent minor subdivision. The
Association appears to be intent in requiring that certain conditions unrelated to this sewer project be
met. Due to the fact that attempts to reach a negotiated agreement have, to date, failed, staff
considers it appropriate to proceed with a hearing pursuant to Code of Civil Procedure 1245.210 et.seq
and Government Code Sec. 7267 to determine if, among other things, the public interest and necessity
require the extension and related easements. The first step in the process of exercising the power of
eminent domain is setting the date for a public hearing to allow any affected party to present their views
to the Board and the Board to decide whether or not it is appropriate to condemn.
Staff will be prepared to present evidence for the Board to consider at the public hearing which supports
the position that the proposed sanitary sewer extension and easement acquisition meet all of the
following criteria:
1 . The public interest and necessity require the extension project;
2 The extension project is planned or located in a manner that will be most compatible
with the greatest public good and the least private injury;
3. The property rights sought to be acquired are necessary for the extension project; and
4. Offers to purchase the easements are not required, under Government Code Sec. 7267,
for the acquisition of any easement or other non possessory interest in real property to
be acquired for the construction, enlargement or maintenance of sewers, waterlines and
appurtenances.
As required by law, the owner will be notified at least 16 days prior to the public hearing.
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4/8/98
DATE
September 23, 1998
Page 3 of 3
SUBJECT
ESTABLISH NOVEMBER 5, 1998, AT 2 P.M. AS THE DATE AND TIME FOR A PUBLIC HEARING TO
CONSIDER ADOPTION OF A RESOLUTION OF NECESSITY FOR THE ACQUISITION OF EASEMENTS
IN THE TANGLEWOOD DRIVE AREA OF LAFAYETTE, JOB NO. 5052
RECOMMENDATION: Establish November 5, 1998, at 2 p.m. as the date and time for a public
hearing to consider adoption of a Resolution of Necessity for the acquisition of easements in the
Tanglewood Drive area of Lafayette.
4/8/98
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Central Contra Costa Sanitary District
BOARD OF DIRECTORS
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Page 1 of 1
NO.
4. CONSENT CALENDAR b.
DATE
TYPE OF ACTION
September 23, 1998
AUTHORIZE ATTENDANCE AT OUT-OF-STATE
MEETING
SUBJECT
AUTHORIZE ATTENDANCE OF DISTRICT STAFF AT OUT-OF-STATE MULTI AGENCY
BENCHMARKING STUDY MEETINGS
SUBMITTED BY
James M. Kelly, Director of Plant Operations
INITlATING DEPTI1JIV
Plant Operations Department
ISSUE: Board of Directors' approval is required for unbudgeted travel outside of California or if the
expense exceeds $500.
BACKGROUND: Central Contra Costa Sanitary District, East Bay Municipal Utility District, Sacramento
Regional Sanitation District, Orange County Sanitation District, the City of Los Angeles, King County
(Seattle, Washington), and the City of Portland (Oregon) began a Multi Agency Benchmarking Study
in 1997 to evaluate methods and costs of wastewater treatment plant operations, maintenance, and
support services (laboratory, pretreatment, and administrative services). The agencies have gathered
data that has been compiled into a database program.
Each work group (Operations and Maintenance, Laboratory Services, Pretreatment, and Administrative
Services) will hold one or more meetings to review the data and to prepare their portion of the final
report. Some of these meetings will be held out of state. Participation of District staff in these
meetings is requested to enable the District to fully benefit from the benchmarking study. Since all of
the meetings have not been scheduled, the exact number of trips or individuals has not been
established; however, a maximum of eight out-of-state trips is requested.
District attendees could include Colette Curtis-Brown, Accounting Supervisor; Alan R. Grieb, Process
Control Engineer; Bhupinder Dhaliwal, Laboratory Superintendent; and Timothy Potter, Source Control
Program Superintendent. No more than one or two staff members will attend a meeting. The total
cost is expected to be less than $4,500. The out-of-state meetings are expected to be held in the
Portland, Oregon, and Seattle, Washington, areas. While specific participation in these meetings was
not anticipated in the budget, funds for participating in the benchmarking effort were budgeted in the
Plant Operations Department account.
Upon completion of the study, staff will present the study's results to the Board of Directors.
RECOMMENDATION: Authorize up to eight out-of-state trips to complete the Multi Agency
Benchmarking Study.
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Central Contra Costa Sanitary District
BOARD OF DIRECTORS
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Page 1 of 3
NO.
8.
ENGINEERING
a.
DATE
TYPE OF ACTION
September 23, 1998
AUTHORIZE AGREEMENT
SUBJECT
AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH
CAROLLO ENGINEERS FOR THE PREDESIGN ON THE A-LINE RELIEF INTERCEPTOR PROJECT,
DISTRICT PROJECT NO. 4717
SUBMITTED BY
Michael J. Penny, Assistant Engineer
INITIATING DEPTtOlV
Engineering Dept./Capital Projects Div.
ISSUE: Board of Directors' authorization is required for the General Manager-Chief Engineer to execute
professional services agreements in amounts greater than $50,000
BACKGROUND: The 1986 Wastewater Collection System Master Plan identified the need for the A-
Line relief interceptor to deal with the significant existing and projected future infiltration and inflow
problems occurring during wet weather events. A facilities plan effort for the A-Line Relief interceptor
was started in the fall of 1986. The facilities plan effort included the preparation of a routing study to
identify a recommended project, an Environmental Impact Report (EIR), and other technical
investigations (i.e., geological field work, TV inspection, and flow monitoring.) The Facilities Plan
Report, including the routing study and technical investigation, has been completed. At the October
2, 1991, Board meeting, the Board certified the Final EIR for the A-Line project as legally adequate.
At the August 25, 1992, Board meeting, the Board authorized the execution of an Agreement with
James M. Montgomery Engineers, Inc. for the design of a portion of the A-Line between the Treatment
Plant and Buchanan Fields Golf Course in conjunction with the Pleasant Hill Relief Interceptor Project.
Construction of this portion was completed in January 1995.
The proposed A-Line, ranging in size from 84-inch to 60-inch, connects the upper end of the existing
A-Line Relief Interceptor in the Buchanan Fields Golf Course with the Walnut Creek Bypass just south
of Ygnacio Valley Road. Exhibit 1 shows the approximate route of the A-Line. The project has been
broken into several phases with construction starting in 2009 and completing in 2019. Staff is
currently proposing to proceed with the preparation of a detailed predesign for the A-Line relief
interceptor.
The predesign will refine the alignment of the A-Line relief interceptor so that the necessary rights-of-
way for the construction and maintenance of the interceptor can be identified and protected. Right-
of-Way acquisition is prudent at this time due to the limited number of routes available to the District
and the significant competition for these routes from projects such as light rail, fiber optics, and regional
trails. The predesign will also provide sufficient detail to allow coordination of construction of portions
of the A-Line with other public works projects.
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INITlATING DEPARTMENTtOlVlSlON
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DATE
September 23, 1998
Page 2 of 3
SUBJ ECT
AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH
CAROLLO ENGINEERS FOR THE PREDESIGN ON THE A-LINE RELIEF INTERCEPTOR PROJECT,
DISTRICT PROJECT NO.4 717
Staff conducted a formal competitive selection process for the project which included a Request for
Proposal, evaluation of proposals, and formal interviews of three Bay Area firms. Carollo Engineers
(CEl was selected for the project based on their project team qualifications, experience in large sewer
projects, and project approach.
A cost reimbursement agreement has been negotiated with CE for the A-Line Relief Interceptor with
a cost ceiling of $400,229. Major task elements include existing utility identification and verification,
tunneling evaluation, easement requirements evaluation, cost estimate, evaluation of eliminating the
Concord Pumping Station and picking up all of the flows from Concord by gravity, and constructability
review. In addition to the A-Line Relief Interceptor, CE will evaluate routes for an extension of the
Recycled Water Line from the Buchanan Fields Golf Course to a point near Diamond Boulevard and
the Walnut Creek Channel.
The A-Line Relief Interceptor Predesign is described in the 1998-99 Capital Improvement Budget
starting on Pages CS-13 to 16. Total project cost, including right of way acquisition and construction
of the A-Line from Buchanan Fields Golf Course to Ygnacio Valley Road, is budgeted at $35,100,000.
Staff has concluded that the predesign agreement with Carollo Engineers is exempt from the California
Environmental Quality Act (CEOAl under District CEOA Guidelines Section 17.3 since the agreement
involves planning and design tasks for possible future actions which the District has not approved,
adopted, or funded, and the outcome of these tasks will not have a legally binding effect on later
activities. Approval of this agreement will establish the Board of Directors' independent finding that
this project is exempt from CEOA. The District will conduct an environmental evaluation of any
capital project which is proposed in the future as a result of these studies to determine the appropriate
CEOA compliance documentation.
RECOMMENDATION: Authorize the General Manager-Chief Engineer to execute a cost
reimbursement agreement with a cost ceiling of $400,229 with Carollo Engineers for the predesign
of the A-Line Relief Interceptor.
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4/8/98
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~ BOARD OF DIRECTO~S
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iiiIIIIBI..llllllill.lliiilliilllllllll BOARD MEETI~;;ober 1, 1998
Page 1 of 1
NO.
8.
ENGINEERING
b.
DATE
TYPE OF ACTION
September 24, 1998
AUTHORIZE SITE VISIT
SUBJECT
AUTHORIZE DON BERGER, ASSOCIATE ENGINEER, AND PHIL SNYDER, SENIOR CHEMIST, TO
CONDUCT A SITE VISIT TO THE PORTLAND, OREGON, WASTEWATER TREATMENT PLANT
LABORATORY AT A COST OF $500
SUBMITIED BY
Don Berger, Associate Engineer
INmA TlNG DEPT/DIV
Engineering Department, Capital Projects Division
ISSUE: Approval by the Board of Directors is required for travel outside California.
BACKGROUND: The District's laboratory was constructed in the mid-1970s as part of the secondary
treatment plant construction. The facility was well designed to meet the testing needs of that time and
has served the District well for nearly 25 years. However, in recent years, environmental regulations have
become much more stringent, significantly increasing the number and complexity of tests the District is
required to perform. The District's laboratory is now operating beyond its intended design capability and
is too small to handle the current testing workload. In addition, the heating, ventilating, and air
conditioning (HV AC) system does not provide adequate airflow and particle removal to meet the needs
of today's highly sensitive analytical equipment. Because of overcrowding conditions, new analytical
equipment has had to be installed in locations that have compromised workflow and created concerns
about potential safety issues.
In April 1998, the District retained Michael Willis and Associates Architects and CH2M Hill to complete
a predesign study of alternatives for improving the District's laboratory. Alternatives being considered
include renovating and expanding the existing laboratory space and building a new laboratory near or
adjacent to the existing facility. As part of the predesign study, the consultants recommended the District
visit other new laboratory facilities to learn first hand about the latest laboratory design practices. District
staff and Board Member Menesini recently visited the laboratories at the City of San Jose and East Bay
Municipal Utility District in Oakland and found the information gained by these site visits to be very
helpful.
The consultants have also recommended that the District tour the wastewater treatment plant laboratory
for the City of Portland, Oregon. This laboratory was recently designed by CH2M Hill and utilizes a
number of innovative design concepts. The information learned on this trip would provide important
information for the planning and design of the District's future laboratory facility. The proposed trip
participants would be Don Berger, Associate Engineer and Project Manager, and Phil Snyder, Senior
Chemist. Because of Board interest in this project, the Board may also want to consider authorizing
Board Member attendance for this trip.
RECOMMENDATION: Authorize Don Berger, Associate Engineer, and Phil Snyder, Senior Chemist, to
conduct a site visit to the Portland, Oregon, Wastewater Treatment Plant Laboratory at a total cost of
$500.
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L:\Position Papers\BERGER\ 7172LabTrip.wpd
4/8/98
~ Central Contra Costa Sanitary District
~ BOARD OF DIRECTORS Page 1 of15
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::::::~.t$..ill::::::~:'j(~~~t;;'i5,::::::::::::::::: BOARO~ be 1 1998 9~' HUMAN RESOURCES a.
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DATE
September 23, 1998
lYPE OF ACTION
APPROVE SUGGESTIONS
SUBJECT
APPROVE SUCCESS SHARING SUGGESTIONS FOR INCLUSION IN PROGRAM
SUBMITTED BY
Roger J. Dolan, GM-CE
NTlAllNG DEPT/DIV
Administrative
ISSUE: In accordance with Board policy, all suggestions submitted for the Success Sharing Program must
be screened by the employee Oversight Committee, recommended by the Senior Management Team and
approved by the Board of Directors.
BACKGROUND: On May 20, 1997, the Board agreed to the concept of a monetary-based employee
recognition program as part of the collective bargaining process. An employee task force was appointed by
the leadership of the three District bargaining units to coIlaboratively design a program which would recognize
employee cost-saving contributions to the District and its ratepayers. As outlined by the task force and
reviewed by Senior Management and the Board, the program was ultimately approved by the Board on May
1, 1998 as a "Success Sharing Program" (see attached Mission Statement)
Since the program's implementation on July 1, 1998, eight empbyee suggestions for cost-savings have been
submitted to the employee Oversight Committee. After research by the Committee, the Committee judged
four suggestions met the aiteria established by the Board for inclusion in the program. These four
suggestions 'N8re forwarded to Senior Management for review. Of these four, three suggestions have been
recommended by Senior Management for Board approval. The suggestions are:
· Change the preventative maintenance schedule on the secondary clarifiers. Alternate major and
minor maintenance each year. Estimated cost savings = $14,080 annually. Submitted by Acting
Machine Shop Supervisor Dan McCown and Building and Grounds Supervisor Butch Zeiger.
· Retrofit all District fIourescent light fixtures with eIeclronic ballasts and energy-saving lamps. Estimated
cost savings pro-rated over ten years = $29,000 annually. Submitted by Electric Shop Supervisor Bill
Hammett.
· Pre-fund District retirement costs. For the use of the money earty in the year, the Retirement
Association YJiII"discounf' the amount owed by 8.25%. The District YJiIl save the difference between
the 8.25% and what we would have earned by investing the money throughout the year, less the
monthly payments to the Retirement Association. The current average rate of return on District
INlTlAllNG DEPAR1MENTJDMSION
C:\WPDocs\succsh16.ppr.wpd
418198
DAlE
September 23, 1998
Page 2 of 15
SUBJECT
APPROVE SUCCESS SHARING SUGGESTIONS FOR INCLUSION IN PROGRAM
investments is 5.8%. Estimated cost savings = $166,500 for Fiscal Year 1998-1999. Submitted by
Accounting Supervisor Collette Curtis-Brown.
As revieNed at the Board meeting of September 17, 1998, suggestions have been saeened according to
the following criteria:
· Results in cost-savings or increased revenue during the program period which is greater than the
baseline measurement for a particular work process or specific expense;
· Meets legal standards for employee compensation (can't be a gift of public funds);
· "Auditable" savings; labor reductions cannot be offset by hiring temporaries or the use of overtime;
· Meets safety regulations;
· Exdudes capital projects;
· Meets all environmental pennit requirements and is based on sound operating practices;
. Doesn't violate the Memoranda of Understanding;
. Doesn't result in sewer overflows;
. Doesn't reduce systems reliability;
· Results from activity "above and beyond' an employee's nonnal scope of responsibilities;
· Doesn't adversely affect the physical appearance or condition of the facilities; and
· Maintains or increases customer service levels.
It was understood from the outset that these criteria are only guidance. The Board's discretion is the
ultimate control on indusion of proposals in the program. It was recognized during the negotiation that
aiteria so comprehensive as to completely prescribe the acceptability of a proposal would not have been
practical to develop.
Attached are copies of the hanck>uts presented at the last Board meeting. The actual cost-savings will be
detennined at the end of twelve months from the implementation of the suggestion. The Board has
established a cap on savings of $500,000 in revenues/savings for the period of July 1, 1998 through
December 31, 1999 to be shared between the ratepayers and employees. The program will expire in the
year 2000.
RECOMMENDATION: Approve the proposed three suggestions as part of the Success Sharing Program:
1.) d1ange the darifier maintenance schedule; 2.) Retrofit all flourescent light fixtures with electronic ballasts
and energy-saving lamps; and 3.) pre-fund District retirement costs.
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SUCCESS SHARING PROGRAM MISSION STATEMENT
As part of the 1997 labor agreements, the employee bargaining groups agreed to "form an Ad
Hoc Committee made up of representatives from each bargaining group to develop an Employee
Recognition Award PrQgram to recommend to the Board of Directors.- At this time, the Committee
believes that the most meaningful employee awards are monetary. Accordingly, the Committee
proposes a program to recognize employee innovations which save the ratepayers money. Each
of the employees would be able to share in the success of these innovations.
As proposed, the Central Contra Costa Sanitary District Success Sharing Program is an
incentive plan that links continuous improvement measures with monetary benefits to be shared
by the Board, on behalf of the ratepayers, and the employees. Employees will be encouraged
to work together to find ways to make improvements against . baseline measurements. Cost
savings above the baselines will then be shared between the employees and the ratepayers.
Specifically, ideas for cost savings or improvements will be recommended by employees to a
labor-management Oversight Committee. If approved by the Committee for inclusion in the
program, the Committee will forward the idea with their recommendation to the Board. After
Board approval, the Committee will determine a baseline for each of these measures and a
method of monitoring progress.
The primary goals of the program are to:
· Achieve cost-savings while maintaining the greatest level of customer satisfaction;
· Increase District efficiency and productivity;
· Improve the quality of work life by providing financial incentives for employees; and
· Encourage employees to actively participate in the operation of the District.
All full and part-time regular employees will be eligible to share in the savings as a result of the
program. It is proposed that the payout will be based on the savings derived during the
appropriate phase of the program and divided equally between the ratepayers (50%) and the
employees (50%). The employee share will be divided among the number of eligible employees
for the period of measurement Part-time employees will receive a prorated payout based on the
hours they were paid during the year. For example, a half-time employee would receive half of
the payout of a full-time employee. The employees who resign or retire will receive a prorated
share of the savings based on the numner of months worked during the period of measurement.
Temporary employees are ineligible.
Employees are encouraged to develop ideas for savings. These ideas may be communicated
to the Oversight Committee directly completing a designated form. Supervisor and/or manager
input is encouraged but not required. The intent of the program is to solicit ideas from individuals
or natural work groups so that the employees most closely involved in a work process will suggest
revisions or improvements to their own work. When ideas focus on work problems beyond a
single work group, the Work Redesign Steering Committee may be requested to become involved
and sponsor a process redesign team comprised of members from various departments.
1
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Managers and supervisors will be responsible for considering all ideas, providing feedback to
the employee(s) and Oversight Committee, locating resources to assist the Committee,
employees and/or teams, and monitoring financial data on a frequent basis. When necessary,
they must provide documentation to the Oversight Committee regarding the possibility of
appropriate adjustments to the baselines.
The program will be administered and monitored by the Oversight Committee. Committee
..
membership will consist of six members-two members appointed by each bargaining unit It is
preferable for the bargaining units' representation to be inclusive of the four departments, e.g.,
Administrative, Collection System Operations, Engineering, and Plant Operations. The Committee
will review each idea on its merits. For an idea to be accepted into the program it must meet the
following tests:
· Generate cost savings or revenue enhancements during the program period in excess
of the baseline measurement for a given work process or expense;
· Labor savings are allowable;however, increases in related temporary and overtime
expenses must be deducted from the savings;
· Have savings or additional revenue which can be audited;
· Meet legal standards for employee compensation (cannot constitute II a gift of public
funds" as defined ~y law);
· Meet safety regulations;
· Meet all legal permit requirements (NPDES, EPA, air quality, etc.) and sound operating
practices;
· ,Complies with and/or does not violate the Memoranda of Understanding;
· Does not adversely affect the number of sewer overflows;
· Maintains systems reliability;
· Results from exceptional activity above and beyond the employee's normal scope of
responsibilities;
· Does not adversely affect the physical appearance of the facilities; and
· Maintains customer service levels.
The Oversight Committee is responsible for establishing and maintaining program integrity, .
monitoring progress, reviewing data, recommending the actual payout to the Board of Directors;
preparing interim reports and correspondence to employees on savings, activities and baseline
infonnation.
The effective date for the Success Sharing Program is January 1, 1998 through December 31,
1999. The program will consist of two phases with two payoffs. The first phase will be effective
January 1, 1998 through December 31, '1998. Th~ second phase will be effective January 1,
1999 through December 31, 1999. All cost savings must be incurred during Phases One or Two.
The cap on savings is $500,000 per phase or year.. This equates to $250,000 for the Board and
$250,000 or approximately $1000 per employee per year if maximum savings or revenues are
achieved.
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Central Contra Costa Sanitary District
BOARD OF DIRECTORS
;:::~:III'lilmfl':::::III1IBII::':: BOARD MEETING OF October 1, 1998
~~f::::tm~t::::::::t!:::::::::::t::f:::{t::f:::::::::(::;:f:::::t\:{~{:....:::::::.:..:::.:;::;:;\.:.:.::::.:::::::=::::::::::::::....
Page 1 of 2
NO.
13. BUDGET AND
FINANCE a.
DATE
TYPE OF ACTION
September 23, 1998
BUDGET & FINANCE
SUBJ ECT
ADOPT THE AMENDED CAFETERIA PLAN DOCUMENTS MODIFIED TO MEET NEW CHANGES IN
INTERNAL REVENUE CODE
SUBMITTED BY
Debbie Ratcliff, Controller
INITIATING DEPTIDIV
Administrative/Finance & Accounting
.lSS..U.E: Board approval is required to adopt the amended Cafeteria Plan documents.
BACKGROUND: Per the existing Memorandum of Understandings the three employee groups receive
a fixed amount each month to spend on a variety of benefit options offered in the Cafeteria Plan. This
Cafeteria Plan is governed by Section 125 of the Internal Revenue Code (IRS). The Plan allows
employees the option of spending their monthly benefit allowance on a variety of taxable and non-
taxable benefits.
The firm of Trucker · Huss, who specializes in benefit law, has been asked to review the Cafeteria Plan
documents annually to ensure compliance with any changes in IRS Code.
Several minor wording changes have been made throughout the plan document and supplemental plans.
Several more significant changes were also made. Some of the more significant changes are:
. Information regarding the Premium Conversion Plan was added to the Summary Plan document
for clarification purposes.
. Written notification to employees regarding denied claims was extended from 30 to 90 days
of the date the claim was filed to comply with changes in the IRS Code.
. Employees represented by the Employees' Association, Public Employees Local Union No.1,
was added as a participant in the Plan in addition to the other representation units.
. Appendix B was added to clarify taxable benefits treated as cash.
DR
INITIATING DEPARTMENTIDIVlSION
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S:\ADMIN\POSPAPER\Cafeteria Plan Amended.wpd
4/8/98
DATE September 23, 1998
Page 2 of 2
SUBJ ECT
ADOPT THE AMENDED CAFETERIA PLAN DOCUMENTS MODIFIED TO MEET NEW CHANGES IN
INTERNAL REVENUE CODE
. Consolidated Omnibus Budget Reconciliation Act (COBRA) language, the act that requires the
District to offer continued benefits for any individual covered under our group plan should they
lose coverage for any reason, was added under the Health Flexible Spending Arrangement Plan.
. Family and Medical Leave Act (FMLA) language was added under the Health Flexible Spending
Arrangement Plan.
A copy of the strike-out and underline version of the amended Cafeteria Plan documents is being
provided to the Board under separate cover.
RECOMMENDATION: It is recommended that the Board adopt the amended Cafeteria Plan documents
modified to meet new Internal Revenue Code requirements.
S:\ADMIN\POSPAPER\Cafeteria Plan Amended.wpd
4/8/98