The URL can be used to link to this page

Home My WebLink AboutAGENDA BACKUP 06-19-97 At C,t:ntral Contra Costa Sanitar, District BOARD OF DIRECTORS i.'.IIIIIIIII:::':I.'IIII:I:I~::::I: BOARD MErnj~~e 19, 1997 Page 1 of 1 NO. 3. CONSENT CALENDAR b. June 13, 1997 TYPE OF ACTION AUTHORIZE ACCEPTANCE AND RECORDING DATE SUBJECT AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO ACCEPT PROMISSORY NOTE FROM CLAUDE B. SMITH AND AUTHORIZE A DEED OF TRUST TO BE RECORDED SUBMtTTm BY INITIATING DEPTIOIV Jay S. McCoy, Infrastructure Division Manager Engineering Department/Infrastructure Division ~: Mr. Claude B. Smith, owner of property at 1010 Scots Lane, Walnut Creek, has accepted the Board of Directors' offer to finance fees which are payable to Central Contra Costa Sanitary District (District) for connection of Mr. Smith's home to the public sanitary sewer system. BACKGROUND: Mr. Smith is having his property improved through the Contra Costa County Neighborhood Preservation Program. Mr. Smith has qualified for a 0 percent interest-deferred loan through the Program, which will be paid off when the property is sold. The costs to improve Mr. Smith's property exceed the amount of the deferred loan. At the Board meeting held on April 17, 1997, the Board of Directors approved offering Mr. Smith the opportunity to have Mr. Smith sign a promissory note in lieu of paying connection fees. The promissory note would be in the amount of $4,849.22, as itemized below: . Application Fee $ 10.00 . Capital Improvement Fee 2,572.00 . Sewer Service Charge 188.00 . Rebate to Job 689 1,756.92 . Rebate Administrative Fee 83.00 . Side Sewer Permit 240.00 $4,849.22 The principal of $4,849.22 plus interest at 7.25 percent per year will be due when the property is sold or transferred. The payment of the principal plus interest will be secured by a Deed of Trust to be recorded. The Deed of Trust will appear as an encumbrance in future title reports. A promissory note and Deed of Trust have been prepared by District Counsel and will be signed by Mr. Smith at the same time when Mr. Smith signs the documents for the loan through the Program. Board authorization to accept the note and to record the Deed of Trust is requested. RECOMMENDATION: Authorize the General Manager-Chief Engineer to accept a promissory note from Claude B. Smith, and authorize the Deed of Trust securing the note to be recorded. fI~,~ IU-tJ RAB ~ AND FECOMMEMJED FOR BOARD ACT10N H:\PP\SMITH.JSM 9/16/96 ~ {,entral Contra Costa Sanitary District BOARD OF DIRECTORS .1111111111111.1:111111111'llll'.IIII: BOAROMEETj~~e 19, 1997 Page 1 of 3 NO. 3. CONSENT CALENDAR c. DATE TYPE OF ACTION June 11, 1997 ACCEPT GRANTS OF EASEMENTS SUBJECT ACCEPT GRANTS OF EASEMENTS FROM TWO PROPERTY OWNERS FOR THE PLEASANT HILL RELIEF INTERCEPTOR PROJECT, D.P. 4985 SUBMITTED BY Ricardo Hernandez, Engineering Assistant INITIATING DEPTJDIV Engineering/Infrastructure ISSUE: Board approval is required for the District to accept Grants of Easements. BACKGROUND: The subject Grants of Easements are part of the continuation of right of way acquisition for future phases of the Pleasant Hill Relief Interceptor. These easements are being acquired from private property owners to accommodate the Interceptor and also recycled water distribution lines. Maps depicting the permanent easements are attached Appraisals were prepared by a licensed real estate appraiser hired by the District to determine the value of the proposed easements. Based on comparable sales of similar land and the impact of the proposed easements on the value of the existing lands, the just compensation amounts for permanent sanitary sewer easements have been paid to the following owners: Vern H. and Carmen R. McFee Enge Family Trust 287 Boyd Road 107 Moiso Lane $1,410 $1 ,220 Funds for the purchase of right of way are included in the authorized Pleasant Hill Easement Acquisition Project, DP 4985. This project was addressed in the 1991 Pleasant HiIl/A-Line Environmental Impact Report and the 1993 Recycled Water Pipeline Project Negative Declaration. No additional environmental documentation is required. RECOMMENDATION: Accept Grants of Easements from Vern H. and Carmen R. McFee, the Enge Family Trust, and authorize staff to record said Grants of Easements with the Contra Costa County Recorder. REVEWED AND RECOMMENDED FOR BOARD ACT10N ID-G L \C :\INFRA \PP\498 SR ES. RH c '" " .; '" o ~ on '" '" ~ '" '" '" ~ ~ .. '" ~ DRAWN BY: TJH SCAlE: 1- = 40' G! LARD! @ \? ~ @b 20' SANITARY SEWER EASEMENT NEELY ~ @ ~ N , 0 20 40 P"""""'1 FEET , ARY DISTRICT SEWER CHANG TRUST SERIES 94-0175306 AP.N. 150-201-020 @ @ IP> ~~~~16 ~ ~- ----------, I" I" I ....._----J ..... " /YE)("'ST. D/W V" Me FEE I "8498 O.R. 164 ! ~ AP.N. 150-201-019 I @b @ EA E. 1P>~[fJ~~!L ~ \j= I!@ W AL TON /4045 O.R. 536 AP.N. 150-201-018 @ 1P>~~~~lL ~ I" I I I BOYD RD : ------"-----:----------------------------~--------"--- CHECKED BY: EAC DATE: 7-2-96 THOMAS BRO.: JOB NO.: 4981 4985 co. ASSMT. NO.: PARCEL NO.: A.P. 150-201-018, 019 & 020 51,52 & 53 I I I I I I I I I I I I I I I I I I I I I z -l I >- I a: 0 I CJ I ill a: I CJ I I I I I I I I I I I c I ", 'C &. I '" 0 . '" I '" 0> ... I '- or. '" 0> I ... '- " ,., I " 0 ~ I '" " < '" ... ~ DRAWN BY: .., TJH '" 2! -' SCALE: ;; 1" = 30' CENTRAl CO RIGHT / SEWER ~ MOISO LN NOlO 24'47"E 55.99' 75.00' MALCZYN ENGE /4/23 O.R. 116 /5286 O.R. 862 A.P.N. 150-170-066 A.P.N. 150-170-006 w e w Q) @ W N N '<t '<t ~ ~ <:0 m rr) N N ~ rr) m '<t 0 N l/) 0 ~ 0 rr) '<t m ~ Q) Q) 0 N Q) Q) Q) ~ VI VI Q) VI 20' SANITARY SEWER EASEMENT VAUGHAN VAUGHAN ---4 Z o 30 I~~""" 60 I FEET CHECKED BY: EAC DATE: 7-2-96 THOMAS BAO.: 4787 co. ASSMT. NO.: A.P. 150-170-006 & 066 JOB NO.: 4985 PARCEL NO.: 44 & 45 ._ -------.-______.,.~_._',...,..._..,_____..___._. ._~ ___._ . . .~. .._....__._...._.,_._~,.".._..,,__.___.__._. ..._, ..__u__._..,._____~.._~___._._ ~ Lentral Contra Costa Sanitary District BOARD OF DIRECTORS ir:I.::::::.:::2\cd.il.:...iril.:.:::;:.:::::iUii:i:fll:.:::::::.:\tirl BOARD MEETING OF :::::,:}itiiIlBli:i:!i:::::::.:!ili:i:i:,:)}::ltII:B""i:iii,,;:;:::::::::::::: June 19, 1997 Page 1 of 7 NO. 3. CONSENT CALENDAR d. DATE TYPE OF ACTION June 11, 1997 ACCEPT GRANTS OF EASEMENTS SUBJECT ACCEPT GRANTS OF EASEMENTS FROM FIVE PROPERTY OWNERS FOR THE SOUTH ORINDA SEWER IMPROVEMENTS PROJECT, D.P. 4928 SUBMITTED BY Ricardo Hernandez, Engineering Assistant INITIATING DEPTIDIV Engineering/Infrastructure ISSUE: Board approval is required for the District to accept Grants of Easements. BACKGROUND: The subject Grants of Easements are for easements acquired from property owners for the construction of the South Orinda Sewer Improvements Project along Camino Pablo, Moraga Way and Southwood Drive in Orinda. Attached are maps depicting the subject permanent easements. Appraisals were prepared by a licensed real estate appraiser hired by the District to determine the value of the proposed easements. Based on comparable sales of similar land and the impact of the proposed easements on the value of the existing lands, the just compensation amounts for the permanent sanitary sewer easements and temporary construction easements have been paid to the following owners: Breed Properties Jerry K. and Julie A. Johnson The Burtt Family Trust Wallace M. and Kathryn C. Francis Pacific Gas and Electric Company 6 Camino Pablo 32 Southwood Drive 20 Southwood Drive 172 Moraga Way Camino Pablo $ 5,760 $ 3,900 $ 3,950 $ 7,000 $ 9,490 Funds for the purchase of the easements are included in the authorized budget for the South Orinda Sewer Improvements Project, D.P. 4928. A Notice of Exemption from the California Environmental Quality Act (CEQA) was filed with the Contra Costa County Clerk on November 8, 1996. RECOMMENDAllON: Accept Grants of Easements from Breed Properties, Jerry K and Julie A. Johnson, The Burtt Family Trust, Wallace M. and Kathryn C. Francis, and Pacific Gas and Electric Company, and authorize staff to record said Grants of Easements with the Contra Costa County Recorder. ID-G L \C :\INFRA \PP\MORAG A4. RH ') . .. .... C'l ~ o J~ :\ fT1 \ \ \ ,., o ~ a: l-- t:l J: III fEET ~r\. 30 01020 a: eo C'l ~ ORAY/N BY: ~ c:;:: SCAlE: o iil Q ~ o ~ SCALE: 1"=40' c o o ~ ~ o o 0::: OJ ~~ ~ ~ ? 'a ~ AREA = 1,718 S.F.~ C A M I NO ............... ... S 6 ~9bS'> S"'~" '<<<, ...~ PABLO I 40 PSC 1"=40' CHEa<ED BY: THOMAS BRO.: JOB NO.: 4928 -. 69E5 ELG NOV. 27, 1997 PARCEL NO.: co. ASSMT. NO.: 273-021-010 DAlE: 3 ."""': .'. ..: .... .. ---..... --- -- ~............ -..... -.......... ~............~ .....-- .....-- ............, --- ~(j ~~ JOHNSON 15945 O.R. 761 268-170-027 @ HARRIMAN 7812 O.R. 567 ~~~~~IL 268-170-028 \ e ~~~~~IL ~ ;- .. .ARY DISTRICT SEWER CENTRAL cq. RIGHT ./ Sou /'1tl1..1 OOD o~~~ 886076' ,...---_ 778.7a,54"Vv i..~~--~~-~" rr; ---- -~:~ --~- S69016'44"W o 49'59"\N 135.66' (T)~ SS4 0 4'\'~ --------:.~2C- -:::~~=::~==::-~~~=-=~-=~-=--=- ~~=-~=_:.: c '" " ..; ... ; .... '" ... ./ . ) ;:: '" ... ./ <Xl N '" ... ./ ~ ;;;- 0 ~ .c ) ]V I -, I 50 100 I ) ./ ./ ./ FEET DRAWN BY: DRS SCALE: 1"R50' CHECKED BY: EAC DATE: 2-23-97 THOMAS BRO.: 71A6 CO. ASSMT. NO.: 268-170-027 JOB NO.: 4571 PARCEL NO.: 43 C\I 'D S7Cf'22'59"'N 143~~~:- .,----:::--:-- -~ -:.--- --- --- --- c '" " ci v U 0- ;:: ... V '" ~ '" ;:: ... v '" <Xl '" ~ -;; ~ 0 ~ 1 .c .. .. ~ DRAWN BY: ~ DRS ~ ~ SCALE: E 111.50. CENTRAL cq. RIGHT . . MY DISTRICT .j. SEWER SOUTHWOOD DEMARI A TRUST 16906 O.R. 549 268-170-015 @ IL (Q) 'iJ ~ @ ,," ,.."..... ..........# ",..,-.....~..............;,.,.. ,.,-' ................ ..........." -_..........:'..............---:-...-- -..... ............ ,..,- _......-:..............~_..........- ""..... .............. -"" .............. -" ---- " " ...." DRIVE BURTT FAMILY TRUST SERIES NO. 94-257274 268-170-016 o 'It C\I C\J ,,'" ...." , ----.~ ' '" ' , "".... ,'" , ' , , " ' , ' , , " " , ' , , " , , , . , " , , ".' ffia]@~~@~ ~~ 50 100 I FEET CHECKED BY: EAC DATE: 4-15-97 ~~ ~~~ THOMAS BRO.: 71A6 CO. ASSMT. NO.: 268-170-016 JOB NO.: 4571 PARCEL NO.: 40 ~ c:. \.1) M t'I ~..... ..........~~ .....)::.. ~""''Z~ ",-\"","-C')C) ""''''''V)~ ~ (.3'\.....)::.. "","-C)c.c(;) a~CX:l)::.. \ CX:l Q) %CX:l~~ .....~~-<. ~ ~ -<. ~ c:. \.1) ~ AREA - SCALE: 1" =40t ..... N ~ N ~ a:: .... t:l ~ ~ o ;s: &i N S DRAWN BY: I 40 psc 1" =40' ~ c: SCALE: ~ CENTERUNE - SEWER AUGNMENT \'.;) Q) ~ \ a ~ a \ C) ..... CX:l ~ o 'P -y Q -y \'.;) Q) ~ \ a ~ a \ a \'.;) ..... -% -y .J- ..... CX:l ""'"- \'.;)..........)::..~ ~~<a \ \ ~ ~ .....a~)::.. "","-(.3'\\.1)(;) aQ)\.1))::.. \~C) a.....'Z"'<::. C)~.~ t;..qio \'.;) -<. CHECKED BY: JOe NO.: THOLtAS BRO.: DATE: ELG NOV. 27, 1997 19 71A7 4928 CO. ASSLtT. NO.: 273-140-001 PARCEL NO.: SCALE: 1" =40' --. ~-' 4_r\ -:~.:- '-:;:, -'Y. (;'. -S:-'P c:- ~:. ~c~ "'Iel .-"- --:- '-::,~.. <) ..4(:1 ~.:~.,. '-:j"\, -:..-.,'" , "",z<:" .. \..... ......_\-, -<'- -:::p IS' .->.. -::z.. ~ ~ ""Y".>, <<' ~ ~~ ""Y~ ~~ ~~ 0, 0 ~><: <.9 ~ ~ ~ ""? ~.->.. ><- -y. .::' ,;:. --~..... <-, ':- ~~:'" ...~ "'~r c;.~ ...~" ~:-. -...:. ... ,,''', ."'- ,.-- ~:' '-~ -. ow;.-' -S". '.:- -- '>- ~_-. ~- -" AREA - C'A1 4(/ 1\10 ,.... <'I ~ <'I o ~ 0:: ~ III III OJ FEET ~ o 10 20 ~ o ~ gj <'I g: ORA \/iN BY: I 40 PSC ~ h: SCAlE: :J III 1"=40' Q ~ o ,,::-. tr ~- '~ --.... ..!.:'.... .-' ~....'" o o o ~ ~ o o ~ OJ ~<o j::) A1S t. 0 77 ....<6' ~e~ ~L CENTERLINE - SEWER ALIGNMENT )> --f fTl -< CHECKED BY: "THOMAS BRO.: 69E5 DAlE: ELG NOV. 27, 1997 co. ASSMT. NO.: 273-010-016 --f JOB NO.: 4928 PARCEL NO.: 1 RIGHT OF,~.(~~.lOr SEWER I ., ....~ 1 .... ~.~ ..: :4...":. ..' ,. f \ \0' \~ \(~ \J?~ '\' SCALE: 1"=40' "-,) ~ \ a ~ "-:l \ a ...... "-,) RO \-\\LL o\lER + CENTERLINE - SEWER ALIGNMENT " N 15 It) o ~ et: I- lJJ lJJ J: VI fEE T ~ r-_ :;:: 0 10 20 et: IXl N ~ DRAWN BY: ~ ;:;: SCALE: ~ I 40 CHECKED BY: lHOUAS BRO.: PSC ELG NOV. 27, 1997 CO. ASSUT. NO.: 268-181-008 DATE: 1" =40' - 544 S.F.::i: -<> ~<5' . cs::> C'> " . ~~ :? <<' " . 00 C? 71A6 JOB NO.: 4928 PARCEL NO.: 6 Central Contra Costa Sanitary District Page 1 of 1 BOARD MEETING OF June 19, 1997 NO. 3. CONSENT CALENDAR e. June 13, 1997 TYPE OF ACTION AUTHORIZE ALLOCATION DATE SUBJECT AUTHORIZE TRANSFER OF $113,000 FROM THE 1996-97 EQUIPMENT BUDGET TO A SEPARATE ACCOUNT TO COMPLETE THE ACQUISITION OF CERTAIN EQUIPMENT BEYOND THE END OF THE FISCAL YEAR SUBMITTED BY Robert S. Mowers, Field Operations Supt. INITIATING DEPTIDIV Collection System Operations ISSUE: The purchase of one equipment item that was included in the 1996-97 Equipment Budget cannot be completed within the fiscal year. Board authorization is needed to transfer funds from the current Equipment Budget to complete the purchase during 1997-98. BACKGROUND: The purchase of one truck-mounted rodder was approved as part of the 1996/97 Equipment Budget. The purchase cannot be completed during the fiscal year due to lack of appropriate trucks in manufacturer's stock and longer production lead times this year. The budget amount is $113,000. No funds have been expended for this purchase. In order to make the funds available to complete this purchase during 1997-98, staff recommends that they be transferred to a separate account under the 1997- 98 Capital Improvement Budget. RECOMMENDATION: Authorize the transfer of $113,000 from the 1996-97 Equipment Budget to a separate account to complete the purchase of a truck-mounted rodder beyond the end of the current fiscal year. REVIEWED AND RECOMMENDED FOR BOARD AC710N f?sr\ 1fJ ~ ~l- INITIATING DEPARTMENTIDIVISION W:\WP\EQUIP.RSM 8/6/96 ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS jil:ji!~f#.i'lil'I":'.II:':':::(':'iiiiii'!::l!i:::i!li!:~jlllll!!!j!j!: BOARD MEETj~~e 1 9, 1 997 :~:~:mj.Bljjjl~jt::.~::::::;:~:::::;:~:~:Ii~.mj:6.~:j:~:~:~:~:~ Page 1 of 14 NO. 4. HEARINGS a. June 16, 1997 TYPE OF ACTION CONDUCT HEARING/ADOPT RESOLUTION DATE SUBJECT CONDUCT A HEARING AND CONSIDER ADOPTING A RESOLUTION OF NECESSITY FOR THE PURPOSE OF INITIATING ACQUISITION OF A PUBLIC SEWER EASEMENT BY EMINENT DOMAIN THROUGH THE CANYON LAKES COUNTRY CLUB, DP 5211 SUBMITTED BY Curtis W. Swanson, Principal Engineer INITIATING DEPT IDIV Engineering Department/Infrastructure Division ISSUE: A hearing must be conducted and a Resolution of Necessity must be adopted prior to initiating acquisition of public easements by eminent domain. BACKGROUND: Shapell Industries of Northern California is developing a subdivision entitled Country Club at Gale Ranch in the San Ramon Valley. The subdivision includes approximately 1,100 single-family homes and a golf course. Due to the topography of the area, the only available gravity sewer alignment is through the 14th hole of the Canyon Lakes Country Club Golf Course. The 14th hole at the golf course is in a narrow valley. The District owns an existing sanitary sewer easement along the western slope of the 14th hole. The easement was granted in 1985 before the golf course was constructed. Based on geotechnical and engineering studies, District staff and the developer have concluded that the slope is unstable and access for maintenance of any sewer is limited. Consequently, staff believes that the existing alignment is unusable. Two other general alignments have been evaluated in the vicinity of the 14th hole, one along the eastern slope and another along the fairway. Installation of a sewer along the eastern slope has many of the same problems as construction along the existing sewer easement in the western slope. The soil conditions along the alignment just east of the 14th fairway would require that the slope be stabilized through extensive earthwork and drainage improvements before installation of the sewer. This extensive stabilization effort would require several months to complete at a cost of approximately $1,000,000. Even after the stabilization effort, concerns still remain regarding long-term slope stability and ease of future maintenance of the sewer. The second gravity alignment is along the fairway of the 14th hole. The fairway alignment has more stable soil conditions and more assurance of long-term slope stability and provides for easier sewer construction and maintenance. District staff has concluded that the proposed alignment along the 14th fairway is the only practical gravity trunk sewer alignment to serve the Country Club at Gale Ranch subdivision. Construction of the proposed sanitary sewer through the 14th fairway would consist of approximately 1,700 feet of 12-inch diameter sewer and five manholes. Construction of the proposed sanitary sewer INITIATING DEPAR ~ AM) RECOMMEftDED FOR BOARD ACTION ;P~ '4 RAB KLA H:\PP\5211 HRNG .CWS 9/16/96 .iii:'::111:1:1:1:~::llltlll:l'::1:::I.I:::I:~.::I:~..,!~,:!I DATE June 16, 1997 I Page 2 of 14 SUBJECT CONDUCT A HEARING AND CONSIDER ADOPTING A RESOLUTION OF NECESSITY FOR THE PURPOSE OF INITIATING ACQUISITION OF A PUBLIC SEWER EASEMENT BY EMINENT DOMAIN THROUGH THE CANYON LAKES COUNTRY CLUB, DP 5211 would be accomplished by a combination of open-cut construction and a trenchless technology known as directional drilling. The use of directional drilling would minimize surface disruption through the golf course, minimize the amount of surface restoration, and minimize the length of time required for overall sewer construction. Construction and operation of the trunk sewer along the proposed fairway alignment would require the granting of additional permanent and temporary easements from Canyon Lakes Country Club and its owner, California Kosaido, Inc. Portions of the existing sanitary sewer easement would be used to the extent possible, and those portions not used would be quitclaimed after project completion. The District has commissioned a formal appraisal of the temporary and permanent easements needed for sewer construction and operation. The formal appraisal, prepared by Dunn and Associates, determined that the fair market value of the permanent sewer easements and temporary construction easements were $17,040. Using this appraisal as a starting point, representatives of the District, Shapell, and Canyon Lakes Country Club have had discussions and negotiations toward reaching an agreement on the easement costs and construction conditions. An agreement has been prepared and circulated for signatures by Shapell and Canyon Lakes Country Club. If the agreement is signed before this item is considered by the Board, no further action will be required. The trunk sewer serving the Country Club at Gale Ranch subdivision must be constructed and operational by January 1998. Because of the length of time necessary to obtain property rights by the eminent domain process and the length of time necessary to construct the sewer, District staff has concluded that the initial steps of the eminent domain process must be initiated now to ensure that the sewer is operational by January 1998. The Country Club at Gale Ranch subdivision was annexed to the District on April 7, 1994. The property owner, California Kosaido, Inc., dba, Canyon Lakes Country Club was notified of the hearing, as required by law. iilililililiilill,il.m.II'iilllilill.I:::::::::::'::::'::'1 DATE June 16, 1997 I Page 3 of 14 Sl&IECT CONDUCT A HEARING AND CONSIDER ADOPTING A RESOLUTION OF NECESSITY FOR THE PURPOSE OF INITIATING ACQUISITION OF A PUBLIC SEWER EASEMENT BY EMINENT DOMAIN THROUGH THE CANYON LAKES COUNTRY CLUB, DP 5211 RECOMMENDATION: Conduct a hearing to receive comments from affected property owners on the following issues: 1 . Whether the public interest and necessity require the project. 2. Whether the project is planned or located in the manner that will be the most compatible with the greatest public good and the least private injury. 3. Whether the property rights sought to be acquired are necessary for the project. After the conclusion of the hearing, consider adoption of the attached Resolution of Necessity to acquire a permanent easement and temporary construction easement by eminent domain for the Country Club at Gale Ranch trunk sewer, District A-oject No. 5211. The Resolution will also authorize filing of an eminent domain action and other appropriate procedures. c: ~ ~ ~ ~ o E u "- '" ./ .i: ~ N ~ 0 300 , , FEET COUNTRY CLUB at GALE RANCH (SHAPPELL INDUSTRIES) Central Contra Costa Sanitary District ATTACHMENT TRUNK SEWER ALIGNMENT CANYON LAKES GOLF COURSE HOLE NUMBER 14 A 0> N !S r- 0> 2! :Z: => .., ~ RESOLU1lON NO. A RESOI..U11ON OF NECESSITY FOR nIE ACQUISIllON OF PUBUC EASEMENTS FOR SEWER PURPOSES AND AUlHORIZING EMINENT DOMAIN PROCEEDINGS WHEREAS. Pursuant to the State of California Health and Safety Code Sections 6514 and 6512. the Central Contra Costa Sanitary District is empowered to acquire by condemnation proceedings sewer line easements for public use. to wit, for purposes related to wastewater collection and transport, and the District intends to construct, own. and operate S8\Wrs as part of its Country Club at Gale Ranch Trunk Sewer Project, DP 5211; and WHEREAS. the Central Contra Costa Sanitary District has identified the need to acquire pennanent and temporary public sewer line easements more particularfy desaibed in Attachment A attached hereto for said purposes, and said easements are located within an incorporated area of San Ramon, Contra Costa County, State of California; and WHEREAS. on May 29, 1997, the District gave mailed notice as required by law of the hearing on this Resolution to the following property owner. California Kosaido, Inc. dba Canyon Lakes Country Club; and WHEREAS, the hearing set out in said Notice of Hearing was held on June 19, 1997, at the time and place stated therein; and all interested parties were given an opportunity to be heard; and, thereupon. the hearing was closed. WHEREAS, a timely. written request to appear and be heard was received from certain property owners; and WHEREAS, all oral and documentary evidence has been duly considered. NOW. THEREFORE, the Board of Directors of the Central Contra Costa Sanitary District, does FIND, DETERMINE, AND RESOLVE as follows: 1. The public interest and necessity require the proposed project for which said public S8\Wr easements are to be acquired. 2. The subject project is planned and located in the manner which will be most compatible with the greatest public good and the least private injury; 3. Said public sewer easements are necessary for the proposed project; and 4. The offers pursuant to Government Code Section 7267.2 have been made to the owners of record of the subject property. BE IT FURTHER RESOLVED THAT: The Counsel for Central Contra Costa Sanitary District, Kenton L. Aim, is hereby authorized and empowered: To acquire in the District's name, the above referenced public sewer line easements by condemnation; H:\PP\5211 HRNG.CWS To prepare and prosecute in the District's name, such proceedings in the proper court as are necessary or appropriate for such acquisition; and To deposit the probable amount of compensation, based on an appraisal, and to apply to the appropriate court for orders permitting the District to take immediate possession of and use said sewer line easements for said public uses and purposes. PASSED AND ADOPTED this. 19th day of June, 1997, by the District Board of Directors of the Central Contra Costa Sanitary District by the follO'Ning vote: AYES: NOES: Members Members ABSENT: Members Mario M. Menesini President of the District Board of Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: Joyce E. Murphy Secretary of Central Contra Costa Sanitary District, County of Contra Costa, State of California Approved as to form: Kenton L Aim District Counsel H:\PP\5211 HRNG .cws ATTACHMENT HAN Offsite SS Easement City of San Ramon County of Contra Costa State of California JOB 5211 PARCEL 1 Exhibit "A" Legal Description Centerline of Sanitary Sewer Easement Real property situate in the City of San Ramon, County of Contra Costa, State of California; being a portion of Parcel C as said Parcel C is shown on the map entitled "Subdivision 6547 Canyon Lakes - Unit 1 - 3" filed June 27, 1985 in Book 291 of Maps at Page 1 in the office of the Recorder of said County; described as follows: A 10 feet in width strip ofland, the centerline of which is described as follows: Commencing at the most northeasterly comer of said Parcel G; thence along the easterly line of said Parcel G, N.26021'38"W., 184.40 feet to the Point of Beginning; thence from point of beginning, leaving said easterly line S.8028'51"W., 455.43 feet; thence S.21017'28"W., 480.32 feet to the beginning of a non tangent curve to the right the radial of which to said point bears S.23043' 17"E., said curve having a radius of 412.00 feet, a delta of 10003 '09"; thence southwesterly along said curve an arc length of72.28 feet; thence S.76019'52"W., 135.40 feet; thence S.35048'43"W., 36.79 feet to the beginning ofa tangent curve to the left having a radius of785.00 feet, a delta of 28025'46"; thence southerly along said curve an arc length of389.51 feet to the terminus of said centerline. The sidelines of the above described strip of land to be lengthened or shortened to intersect the easterly, westerly and southerly boundary lines of said Parcel G (291Ml). C::C~ , Charles F. Sellman L.S. 5186 1/Z/9. / . Dated File:OFFSlTE.DES JOB # 951055 Date: March 27, 1997 Print Date:ApriI2, 1997 _____,..__.____~__.~_._,.,.. ____._..,'r____.~.~_._,________,____~___._.,_w,__________._...---~.,,'---"._-...,-,-,-.,-..-----"-.-.-.--.--.......-.--.,-.-.--~-,-.,.,-...,-"---.-..'^.- "" --~----..,,-~---...~..----.----.--.-,---,----------.--- Offsite Temporary Construction Easement City of San Ramon County of Contra Costa State of California Legal Description Temporary Construction Easement Real property situate in the City of San Ramon, County of Contra Costa, State of California; being a portions of Parcel G as said Parcel G is shown on the map entitled "Subdivision 6547 Canyon Lakes - Unit 1 - 3" filed June 27, 1985 in Book 291 of Maps at Page 1 in the office of the Recorder of said County; described as follows: Parcell Commencing at an angle point on the easterly line of said Parcel G, said point being the southerly terminus of the course shown as "N.14003'48"E. 511.91 "'; thence leaving said easterly line, N.10023'44"E., 57.55 feet to the Point of Beeinnine; thence from said Point of Beginning N.78032'1O"W., 51.00 feet; thence N.11 027'50"E., 126.48 feet; thence N.78032'1O"W., 24.00 feet; thence N.11 027'50"E., 26.04 feet; thence N.19022'51 "E., 27.22 feet; thence S.70037'09"E., 24.00 feet; thence N.19022'5l"E., 122.00 feet; thence S.70037'09"E., 50.00 feet; thence S.19022'51 "W., 136.84 feet; thence S.ll 027'50"W., 154.59 feet to the Point of Beeinnine. Containing: 161,137 SQ. FT. Parcel 2 Commencing at an angle point on the westerly line of said Parcel G, said point being the northerly terminus of the course shown as "N.51 056'25"E. 182.13"'; thence leaving said westerly line, N.85028'22"E., 38.12 feet to the Point of Beeinnine; thence from said Point of Beginning N.72056'41 "E., 200.95 feet; thence S.21 017'28"W., 208.36 feet; thence N.40044'24"W., 178.45 feet to the Point of Beeinnine. Containing: 16,419 SQ. FT. 10f2 Legal Description Temporary Construction Easement (Continued) Parcel 3 Beginning at an angle point on the westerly line of said Parcel G, said point being the northerly terminus of the course shown as "N.51 o56'25"E. 182.13"'; thence from said Point of Beginning, leaving said westerly line, S.38003'55"E., 30.00 feet; thence S.51 o56'05"W., 90.00 feet; thence N.38003'55"W., 30.00 feet; to said westerly line; thence along said westerly line, N.51056'25"E., 90.00 feet to the Point of Beginning. Containing: 2,700 SQ. FT. CZ-~ Charles F. Sellman L.S. 5186 h / /!/ ~ , , . Dated File:temp.DES JOB # 951055 Date: March 7,1997 Print Date:]une 16. 1997 Page 2 of2 ..._-........--._-_._._-,...,...,--'~_..,_.._.._-'~.,-"--_.---.,'-'.' -,-~-"-----"~_._'--"~--"'--"~'.- .- .:NTRAL CONTRA COSTA SANr lY DISTRICT RIGHT of WAY MAP for SEWER z ,,~ \~ 0 " \.T;' - it- C\j " v~ -.J <C " ~~~ ~U mO C\.1(f) ~\ (f) !'--<( ~(f) tOO:: b.J coZ :::::>:s: (f) 0p.a8 PARCEL J; LINE DIRECTION DISTANCE . ~ P. 0. C. PARCEL 2 U N51"56'05"E 90.00' 2;0 L2 S38"03'55"E 30.00' ~:c L3 551'56'05''W 90.00' <Cz L4 N38"03'55"W 30.00' . w L5 N72'56'41"E 200.95' :::::> b.J L6 52r17'28''W 208.36 ' \~ L7 N40'44'24''W 178.45' U8 N85'28 '22"E 38.12' L20 576'19'52"W 135.40' L21 521'17'28''W 480.32' !'-- RADIUS LENGTH DEL T A -.;;:to tnO 785.00' 389.51' 28'25'46" to - c?i 412.00' 72.28' 10'03'09" COo ~o I )... t-- :::::>~ (f) Q::CS CJ~ 200 300 ~~ I I ~~ I~~ . 0:: -10 ~N FEET ) LLl !=: ~~ U-I 1 inCh" 100 ft. -~ ~j c d~ Il... PARCEL .p ( I 582'37'03"[ R SUB 6547 291 M 1 ~. fi I --- 6,=01'35'39" R=278. 00' " L=7.73' ! DRAWN BY CHECKED BY THOMAS BRO. JOB CKL UBT 102 06 5211 SCALE DATE CO. ASSMT. NO. PARCEL AS SHOWN MARCH 12, 1997 213-380-005 1 2315-1/94 .JENTRAL CONTRA COSTA SAN!".. _~y DISTRICT RIGHT of WAY MAP for SEWER ~ PO/NT OF BEGINNING CL 10' SANITARY SEWER EASEMENT z o 1- <( U ........0 ~~ 0;<( C\.l(/) r--.[J ~Z 1O$: o co lLl :::)~ (/)0 :c ~Z ..... W ~-1 W ~lLl ~ ~ U CJ ~~Z ........ 0 ! u... >- ~ Z ~ l3 ~ ;::: z W :E W .. < w "" '" > .................................. l:I "" :1: U Z '" W ..J < '" ~ ~U ........z 0)- C\.l ~ o r--.o ""- If) ~ 100 co~ :::)<( (/)- z b~ . lL.. -1::1 w<( uu ~ <( Q... o 100 200 ~ I ( IN FEET ) 1 inch = 100 fl. " \v ~\\ 300 I DI5TANC[ 51.00' 126.48' 24.00' 26.04' 27.22' 24.00' 122.00' 50.00' 136.84' 154.59' 57. 55' 480.32' 455. 43' DRAWN BY CHECKED BY THOMAS BRO. JOB CKL MBT 102 06 5211 SCALE DATE CO. ASSMT. NO. PARCEL AS SHOWN MARCH 12, 1997 213-380-005 1 \ ~ CJ1 -... -... LlN[ DIR[CTlON L8 N78'32'10"W L9 N11'27'50''[ LTO N78:J2'10"W LT1 N11'27'50"[ LT2 N19'22'51 "[ LT3 570'37'09''[ LT4 N19'22'51 ''[ LT5 570'37'09"[ LT6 519'22'51 "w LT 7 511 '27'50 "w LT9 Nl0'23'44"[ L21 521'17'28"W L22 508'28'51 "w P. 0.8. PARCEL 1 PARCEL · f" SUB 5547 291 M 1 P. 0. C. PARCEL 1 2315-1/94 Offsite SS Easement City of San Ramon County of Contra Costa State of California JOB 5211 PARCEL 2 Exhibit "A" Legal Description Centerline of Sanitary Sewer Easement Real property situate in the City of San Ramon, County of Contra Costa, State of California; being a portion of Parcel C as said Parcel C is shown on the map entitled "Subdivision 6547 Canyon Lakes - Unit 1 - 3" filed June 27, 1985 in Book 291 of Maps at Page 1 in the office of the Recorder of said County; described as follows: A 10 feet in width strip of land, the centerline of which is described as follows: Commencing at the most northeasterly comer of said Parcel C; thence along the northerly line of said Parcel C, N.54035'33"W., 52.18 feet to the Point of Beginning; thence from said point of beginning leaving said northerly line, along a non tangent curve to the left the radial which to said point bears N.87020'54"W., said curve having a radius of785.00 feet, a delta of 4035'57"; thence southerly along said curve an arc length of63.01 feet to the terminus of said centerline, being a point on the centerline of a 10 feet in width sewer easement being a portion of said Parcel C, dedicated as 10 feet wide S.S.E. on said map(291Ml). The sidelines of the above described strip of land to be lengthened or shortened to intersect the northerly boundary line of said Parcel C and the northwesterly line of the 10 foot sanitary sewer easement as shown on said Parcel C. ~~ Charles F. Sellman L.S. 5186 Lf/ L/ '1? I ( Dated File:OFFSITES.DES JOB # 951055 Date:March 27, 1997 Print Date:April 2, 1997 _..........._________.....___.____...__...._,.__..__~~.._._._"__~____._,.~..._".____,_____"__..,_____._u,____..__.___..__. Offsite Temporary Construction Easement (South of Canyon Green Drive) City of San Ramon County of Contra Costa State of California Legal Description Temporary Construction Easement Real property situate in the City of San Ramon, County of Contra Costa, State of California; being a portion of Parcel C and Parcel S as said Parcels are shown on the map entitled "Subdivision 6547 Canyon Lakes - Unit 1 - 3" filed June 27, 1985 in Book 291 of Maps at Page 1 in the office of the Recorder of said County; described as follows: Commencing at a point of curvature on the northerly line of said Parcel C, said point being the northwesterly terminus of the course shown as "N.54035'33"W. 232.99"'; thence leaving said northerly line, S.11 o36'30"E., 13.21 feet to the Point of Bednning; thence from said point of beginning S.54039'35"E., 91.48 feet; thence S.23023'24"W., 178.35 feet; thence N.66036'36"W., 89.50 feet; thence N.23023'24"E., 197.29 to the Point of Beginning. ~h~~~lr portion within said Parcel S (291 M 1) described above.. Charles F. Sellman L.S. 5186 C/lc/r7 r . Dated File:temps.DES JOB # 951055 Date: February 28, 1997 Print Dale:June 16, 1997 _cNTRAL CONTRA COSTA SANIl, tV DISTRICT RIGHT of WAY MAP for SEWER - S1136'30"E 1 3.21' 6. = 04.35'57" R = 785.00' L = 63.01' CL 10' SANITARY SEWER EASEMEN T PARCEL C SUB 6547 291 M 1 w i i i ~ I ! DRAWN BY CKL I I I CHECKED BY MBT - o 40 ~ 80 I ( IN FEET ) 1 inch = 40 ft. THOMAS BRO. JOB 102 06 AS SHOWN DATE CO. ASSMT. NO. MARCH 12, 1997 213-390-043 PARCEL SCALE 120 I 5211 2 2315-1/94 "._,---_.~._----_._-,._---~..,"_...-.._.._._.._._---'----~.-_.._-_._--_._~,...-."'-_._.__.._------~---_.._----,_._.~- .------,.----.- Central Contra Costa Sanitary District BOARD OF DIRECTORS :::::I:':':;:::':::.I:::':::::':::ifI1l:':'.'i::::::~~r:':\(.:;:::.:.................::::::.::::::::::::::::: BOARD MEEnJNGunOFe 19 1997 ~~:\:::::::::::.~::::::;:::::!ii11111L:.!I::::::mi:::::~~\::::::)\::::::::::::::::::):~:::::::~:~:::::~:~: , Page 1 of 4 NO. 8. ENGINEERING a. DATE June 16, 1997 TYPE OF ACTION APPROVE PROJECT; AUTHORIZE FUNDS SUBJECT APPROVE PROJECT AND AUTHORIZE $33,000 FROM THE COLLECTION SYSTEM PROGRAM CONTINGENCY FOR ENGINEERING AND DESIGN FOR THE CRESCENT DRIVE STORM DAMAGE REPAIR PROJECT, DP 5162 SUBMITTED BY Curtis W. Swanson, Principal Engineer INITIATING DEPTiOtV Engineering Department/Infrastructure Division ISSUE: Authorization by the Board of Directors is required for allocations from the Collection System Program Contingency Account in amounts greater than $25,000. BACKGROUND: In December 1995, Collection System Operations Department (CSOD) crews discovered that a landslide had damaged a 6-inch, vitrified-clay sewer in a backyard easement at 25 and 29 Crescent Drive in Orinda (Attachment 1). A temporary sewer was installed along with plastic sheeting, sandbags, and drain lines to protect the area from further movement. Geotechnical investigations and engineering studies were performed during summer 1996. These studies recommended a retaining wall to prevent further movement and a ductile-iron replacement sewer. Construction of the project was deferred until 1997 because of the onset of winter. Severe winter storms around New Year's Day 1997 caused the landslide to reactivate and destroy the temporary sewer. The landslide also threatened the two homes. A replacement sewer and piers to stabilize the two homes were installed by contractors under an emergency declaration. CSOD crews covered the enlarged landslide area and constructed drainage improvements. Construction of a long-term repair is planned for summer 1997. While design of a long-term repair had been completed, this design must be revised to reflect the larger landslide area and other changed conditions. Design will be performed by in-house staff and geotechnical engineering consultants. The estimated cost of the design effort is $48,000 (Attachment 2). There is approximately $15,000 remaining from earlier authorizations for design and emergency repairs. The requested authorization is $33,000. The work to repair this landslide is being pursued to stabilize the area around the District's pipeline and, thus, ensure the long-term integrity of the pipeline. The District's facilities and activities did not cause the landslide. Accordingly, staff will pursue available reimbursement and contribution options. This project is not included in the 1996-97 Capital Improvement Budget (CIB). Funds must be authorized from the Collection System Program Contingency of the CIB. '-~"~w I/f1IEMD AfII) RECOMMEIIDED FOR BOARD ACTION 1111/ 1'1~ H:\PP\AUTH5162.CWS :'1...../../.1.//.1.:11111111..11:11111.1::1:1111111..'11:"111 DATE June 16, 1997 I Page 2 of 4 SUBJECT APPROVE PROJECT AND AUTHORIZE $33,000 FROM THE COLLECTION SYSTEM PROGRAM CONTINGENCY FOR ENGINEERING AND DESIGN FOR THE CRESCENT DRIVE STORM DAMAGE REPAIR PROJECT, DP 5162 Staff has concluded that this project is exempt from the California Environmental Quality Act (CEOA) under District CEOA Guidelines, Section 18.2(b) since it involves repairs and minor alterations to existing public sewer facilities. Board of Directors' approval of this project will constitute an independent finding that this project is exempt from CEOA. RECOMMENDATION: Approve project and authorize the General Manager-Chief Engineer to allocate $33,000 from the Collection System Program Contingency Account for the Crescent Drive Storm Damage Repair Project, DP 5162. -- RESCEN DR B f\)f\) (Dl5l ~ LANDSLIDE CREEK ----- ,,- , " "' " " " " --""-..... " " .............. ~ '--------......., '- - ----- NORTH ----. '- '- '- '- '- '--- -------....... j I c '" ~ c o ~ /' en c- o E u g. :;;: Central Contra Costa Sanitary District o I 40 I FEET " <'< ~ f\) -- -- TRAIL - -- -- --- -- -- -- -- -- C'~~ OJtl b~ ATTACHMENT CRESCENT DRIVE LANDSLIDE REPAIR 1 " '" ~ z ~ ~ ATTACHMENT 2 CRESCENT DRIVE STORM DAMAGE REPAIR PROJECT DISTRICT PROJECT NO. 5162 COST ESTIMATE/ALLOCATION SUMMARY ACTIVITY COST ESTIMATE Project Management/Legal Design/Drafting/Survey Geotechnical Consultants/Other Consultants Permits, Printing, Other Expenses TOTAL $15,000 16,000 14,000 3.000 $48.000 Minus Previously Authorized Unspent Funds Total Requested Authorization 15,000 33,000 ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS :::::::::i:i:I5:.a:'I:':~'''I:'.:i:l:i::::iBi:X:::I5:ctii::i::::::::::::::::@::::BOARDMEETINGOF ~trrm.MI~:::t;!~~~~::::.!)rtij~jj~~m.m~i!i~FNrrfffff~~ Page 1 of 10 June 13, 1997 NO. 8. ENGINEERING b. DATE TYPE OF ACTION INFORMATIONAL SUBJ ECT ADVISE THE BOARD OF THE CLOSE OUT OF 24 CAPITAL IMPROVEMENT PROJECTS SUBMITTED BY John J. Mercurio, Administrative Analyst INITIATING DEPTItlIV Engineering/Planning ISSUE: Work has been completed on 24 capital improvement projects, and it is now appropriate to close out these projects. BACKGROUND: The 24 capital improvement projects listed on Attachment 1 have been completed, and staff is closing out the project accounts. Last year, in response to a recommendation of the internal auditor, staff began reserving an allowance from unexpended budgets of some projects to cover expenditures which have been delayed due to unresolved issues. This year, these allowances total $155,000. A Summary of the total authorized budgets, expenditures and post close out allowances for the projects to be closed is presented by program in the following table: Authorized Program Budget Expenditures Treatment Plant $ 307,000 $ 285,026 Collection System 14,820,000 13,767,029 General Improvements 205,070 182,404 Totals $15,332,070 $14,234,459 Post Close Out Allowance Underrun (Overruns) $ 21,974 155,000 897,971 22,666 $155,000 $942,611 The total authorized budget for the 24 projects is $15,332,070. Total project expenditures are $14,234,459. A net underrun of $942,611 will result in $21,974 being returned to the Treatment Plant Program, $897,971 being returned to the Collection System Program, and $22,666 being returned to the General Improvements Program. A description of each project follows on Attachment 2. INITI TI~ DEPARTMENTIDIVl~N\..... D.1& f/I{ h> \ Iru 12.//.& JJMIDJC RAB ~~, JAL PM :i:i:::!:!:!:::!:::!:!:::::!:::.::':::::::):::::::\~S}:::::""1":'.;'::'::::::::1:\11::::::::::\:11::'::::/:':::::::.::II:::::::::::.::/::\~~:II:::::::::::I:::::.:.:::B::::::.::::::::::::i:::::~:!:!:!~::::i:.:::i:i:!..:!::':I~IDATE ............... ....... ... ........... ..... .... ...... .................... June 13 1997 :ff~:~:~:;:~:;:;:~:;:;:j.:.::;:;:;:~::.:.:.:.:.::~::.:.:.:.:.:::.:.;:;:;.:.::;:;.:.::~::.:.:.;.:.::;.:.::;::.:.:.::;:;:;;;;:.:.;:;:j:j.;.:::::::::.:.:.:.::~:;:~::.::;.;::.;.:/\.::;:;:~:;:~:~:;:;:;:;:;:;:;:r;r~r~~;~~ ' I Page 2 of 1 0 SUBJECT ADVISE THE BOARD OF THE CLOSE OUT OF 24 CAPITAL IMPROVEMENT PROJECTS The total net underrun of $942,611 is approximately 6 percent of the total authorized budgets for these projects. RECOMMENDATION: This item is presented to the Board of Directors for information only. No action is necessary. Page 3 of 10 ATTACHMENT 1 TREATMENT PLANT PROGRAM CAPITAL PROJECTS TO BE CLOSED OUT DISTRICT PROJECT TITLE AUTHORIZED EXPENDITURES POST CLOSE UNDERRUN PROJECT BUDGET OUT (OVERRUN) NO. ALLOWANCE 6080 Modify Solids Conditioning 25,000 0 -- 25,000 Building Heating, Ventilation, Air Conditioning 6100 Auxiliary Boiler Burner $172,000 $156,800 -- $15,200 Modifications 6110 Uninterruptible Power Supply 110,000 128,226 -- (18,226) Replacement Totals $307,000 $285,026 -- $21,974 Page 4 of 10 ATTACHMENT 1 (CONTINUED) COLLECTION SYSTEM PROGRAM CAPITAL PROJECTS TO BE CLOSED OUT DISTRICT PROJECT TITLE AUTHORIZED EXPENDITURES POST CLOSE UNDERRUN PROJECT BUDGET OUT (OVERRUN) NO. AllOWANCE 4782 1-680/SR-24 Relocation- 2,825,000 2,714,400 30,000 80,600 Phase 3A 4805 lakewood Subbasin 4,367,000 4,195,000 25,000 1 47,000 Renovation 4812 Moraga Via Deficiency 14,000 1,589 -- 12,411 4922 Martinez Pumping Station 4,993,000 4,550,048 50,000 392,952 Upgrade 4956 1-680/SR-24 Relocation- 1,254,000 1,065,000 50,000 139,000 Phase 38 5038 Moraga Seismic Rehab 118,000 100,071 n 17,929 Design 5080 Las Trampas Creek Repair 60,000 42,500 -- 17 , 500 5113 Lower Orinda Renovation 75,000 72,908 -- 2,092 Feasibility Study 5124 Rossmoor Sewer 460,000 432,500 -- 27,500 Improvements-Phase 2 5157 Valley View Sewer 9,000 8,766 -- 234 Replacement 5903 1996 Collection System 100,000 87,750 -- 1 2,250 Planning 9557 St Mary's Slide 255,000 247,880 -- 7,120 9561 Manhole Spring Road 1 0,000 0 -- 10,000 9563 Roundhill Slides 25,000 10,569 -- 14,431 9588 Repair M4 Force Main 237,000 230,000 n 7,000 9591 Replace Pleasant Hill Road 11 ,000 8,048 -- 2,952 9595 1 Manhole Cottage Lane 7,000 0 -- 7,000 Totals $14,820,000 $13,767,029 $155,000 $897,971 Page 5 of 10 ATTACHMENT 1 (CONTINUED) GENERAL IMPROVEMENTS PROGRAM CAPITAL PROJECTS TO BE CLOSED OUT DISTRICT PROJECT TITLE AUTHORIZED EXPENDITURES POST CLOSE UNDERRUN PROJECT BUDGET OUT (OVERRUN) NO. ALLOWANCE 7160 Source Control Facility $148,000 $139,814 n $ 8,186 Improvement 8159 Telephone Conduit 25,000 10,520 -- 14,480 Replacement 8170 Public Information Event 9,000 9,000 -- 0 Display 9901 MIS Upgrade 23,070 23,070 -- 0 Totals $205,070 $182,404 0 $22,666 Page 6 of 10 ATTACHMENT 2 TREATMENT PLANT PROGRAM CAPITAL PROJECTS TO BE CLOSED OUT . Modify SCB HVAC, DP 6080, was created to correct deficiencies in the existing air supply system to the Solids Conditioning Building Control Room. Process changes and capital improvements to the DAF system reduced the urgency to perform these corrections. The air supply system needs will be evaluated by another current capital project. . The Auxiliary Boiler Burner Modifications project, DP 6100, was completed to bring the District's auxiliary boilers into compliance with Bay Area Air Quality Management District (BAAQMD) Regulations which set controls for nitrogen oxides and carbon monoxide from boilers, steam generators, and process heaters. The auxiliary boilers were retrofitted with new low nitrogen oxide burner equipment and met the necessary compliance deadline specified by BAAQMD. .. The Uninterruptible Power Supply (UPS) Replacement project, DP 6110, successfully replaced the failing old UPS providing reliable power for the plant process control computer, plant radio system, District telephone system, and District computer network. The overrun was a result of the expense incurred to re-bid the contract and unexpected problems encountered by the contractor during installation. Page 7 of 10 ATTACHMENT 2 (CONTINUED) COLLECTION SYSTEM PROGRAM CAPITAL PROJECTS TO BE CLOSED OUT · The 1-680/SR-24 Sewer Relocation-Phase 3A, DP 4782, was required to accommodate the 1-680/SR-24 freeway improvements by Caltrans. Major elements of this project were the installation of approximately 5,600 feet of sewer ranging from 6-inch to 33-inch diameter. In addition, 2,000 feet of deteriorated 6-inch diameter sewers in adjoining areas not affected by the Caltrans work were replaced and included in this project. An amount of $2,333,600, or 86 percent of the project, was directly related to the freeway interchange improvements and has been reimbursed by Caltrans. . The lakewood Sewer Renovation project, DP 4805, included the installation and replacement of approximately 20,000 feet of sewer in the lakewood area of Walnut Creek. The sewer ranges in size from 8-inch to 16-inch diameter. · Moraga Via Deficiency project, DP 4812, is being closed out because the project's required construction will be included in a future capital project of similar type renovation work. This existing easement sewer requires manual cleaning, is difficult to access, and has a house built over one segment of the sewer. The sewer renovation may require use of trenchless technology to upgrade the system. Up to 800 feet of pipe could be refurbished or relocated by this project. · The Martinez Pumping Station Upgrade project, DP 4922, involved construction of a new 12 mgd pumping station and rehabilitation of existing facilities. The work included construction of a new reinforced concrete pumping station building, installation of five pumps, piping, electrical, and mechanical equipment and limited renovation of the existing buildings. In order to increase reliability and reduce long- term operation and maintenance costs, an extensive instrumentation system was incorporated into the pumping station. · The 1-680/SR-24 Sewer Relocation-Phase 3B, DP 4956, was one of several phases of work required to accommodate the 1-680/SR-24 freeway improvements by Caltrans. Major elements of this phase of the project were the microtunneling of 700 feet of 36-inch casing for a 12-inch diameter sewer under the 1-680 freeway in Pleasant Hill, the concrete encasement of 210 feet of three parallel East Bay Municipal Utility District aqueducts, 120 feet of 42-inch Caltrans storm drain, replacement of 750 feet of sewer, and abandonment of 28 side sewers in Sherman Drive. · The Moraga Seismic Rehabilitation Design project, DP 5038, included design of seismic strengthening of the Moraga Pumping Station building. The construction of this project is included in the Orinda/Moraga Wet Weather Diesels project, DP 4898. Page 8 of 10 ATTACHMENT 2 (CONTINUED) COLLECTION SYSTEM PROGRAM CAPITAL PROJECTS TO BE CLOSED OUT . South Main Trunk Sewer Renovation, DP 5053, addressed signs of potentially significant corrosion observed by a CSOD field crew during installation of a manhole on the South Main Trunk Sewer. A video inspection of approximately 2,500 linear feet of the 42-inch trunk sewer was conducted. Following the TV inspection, corrosion of the pipeline was measured using a rotating sonic caliper. The field investigations verified that pipeline corrosion is limited and no rehabilitation work is required at this time. . The Las Trampas Creek Repair project, DP 5080, placed approximately 200 tons of rip-rap to protect the creek bank in Lafayette. Severe erosion was threatening a 45-inch interceptor serving Lafayette and Moraga. . Lower Orinda Renovation Feasibility Study, DP 5113, evaluated the condition of the Lower Orinda Pumping Station and concluded that renovation of the station in its present location is feasible. . The Rossmoor Sewer Improvements project-Phase 2, DP 5124, was the second phase of a ten-year plan to take over the maintenance of the sewer system in Rossmoor. This phase of work consisted of installing 81 manholes on the existing sewer mains, replacing approximately 800 lineal feet of deficient sewer pipe, and making six spot repairs. Approximately 10,000 lineal feet of sewer mains were also cleaned and television inspected as part of this project. . The Valley View Sewer Replacement project, DP 5157, resulted in the encasement of an existing 10-inch diameter clay sewer pipeline where it crosses a creek next to Valley View Drive in Lafayette. The work was done in conjunction with a City of Lafayette project to improve and enlarge a storm drain culvert under Valley View Drive. . 1996 Collection System Planning, DP 5903, was established for facility planning that provides the basis for improvements to the District's 1,500 mile sewer system. Facility planning included sewer system capacity studies to identify and define sewer system deficiencies, work on the land use database and sewer system model, flow rates for facility plans, and special studies. . The CSO Renovation-St. Mary's Slide project, DP 9557, restored the soil cover to the Moraga Interceptor pipe and provided facilities to control storm water runoff. The subsequent litigation with adjoining landowners has been settled. Page 9 of 10 ATTACHMENT 2 (CONTINUED) COLLECTION SYSTEM PROGRAM CAPITAL PROJECTS TO BE CLOSED OUT . The CSO Renovation-Manhole Spring Road project, DP 9561, investigated constructing a maintenance manhole at a wye junction of two sewer mains in Spring Road, Orinda. During planning investigation it was determined that the sewer mains needed replacement and relocation and the work was included in the South Orinda Sewer Replacement Project. . The CSO Renovation-Roundhill Slides project, DP 9563, mitigated the storm damage to the soil on the Roundhill Slides easement. . The Repair M-4 Force Main project, DP 9588, included the repair of corroded and damaged pipe sections and the installation of access openings along the existing M4-A force main. . The CSO Renovation-1 Manhole Blackwood Drive project, DP 9594, constructed a new maintenance manhole over an existing wye junction of two sewer mains in an easement. . The CSO Renovation-l Manhole Cottage Lane project, DP 9595, was created to construct a maintenance manhole over an existing wye in an easement. Staff believes that it would be better to relocate one of the sewer mains into the public ROW rather than construct a structure with limited access. Page 10 of 10 ATTACHMENT 2 (Continued) GENERAL IMPROVEMENTS PROGRAM PROJECTS TO BE CLOSED OUT . Source Control Facilities Improvement, DP 7160, involved two elements that improved the Source Control Section field operations and sample storage facilities. The field operations facility is located at 4737 Imhoff Place. The function of the facility is to enable Source Control staff to maintain field monitoring equipment, to store the equipment in usable condition, and to park the three field vehicles. The project included removing a wall that separated two bays, construction of a small lab facility and installation of fixtures to support field operations. The sample storage element to this project involved the purchase and installation of a large walk-in refrigerator to store all of the samples collected for plant operations, special studies and regulatory monitoring. The old walk-in refrigerator was kept in place and made available to Source Control for secure sample storage for both routine monitoring and investigations related to industrial users. . The Telephone Conduit Replacement project, DP 8159, repaired a leak in the telephone conduit which extends from the south end of Imhoff Place to the POD telephone room. A new four inch conduit and telephone utility connection box was installed. . The Public Information Event Display project, DP 8170, addressed the need for a modular display unit for use with the community education programs and events. A light-weight display system and equipment was purchased and constructed to facilitate quick set-up and take-down. This system allows for hanging of visual information and viewing of video presentations. . MIS Upgrade, DP 9901, provided hardware and services to improve the District's Computer Network. The following specific areas were addressed: comprehensive review of the Payroll system, network Internet access hardware, replacement of aging and inefficient equipment, and expansion of the network's storage capacity. ~ _ Central Contra Costa Sanitary District BOARD OF DIRECTORS Page 1 of 18 BOARD MEETING OF June 19, 1997 NO. 9. HUMAN RESOURCES a. June 13, 1997 TYPE OF ACTION ADOPT MOU DATE SUBJECT ADOPT MEMORANDUM OF UNDERSTANDING WITH THE MANAGEMENT GROUP, EFFECTIVE MAY 1, 1997 THROUGH SEPTEMBER 17, 2000 SUBMITTED BY Joyce E. Murphy, Secretary of the District INITIATING DEPT/DIV Administrative ISSUE: Board representatives and representatives of the Management Group agreed to the attached Memorandum of Understanding on May 29, 1997. Members of the Management Group have ratified the agreement. Final approval by the Board of Directors is now appropriate. BACKGROUND: Board representatives and representatives of the Central Contra Costa Sanitary District Management Group have met to discuss the Management compensation package. The District's current Memorandum of Understanding (MOUl expires on May 31, 1997. Since 1988 when negotiations with the Management Group were held in abeyance until bargaining with the other representation groups was concluded, and in each negotiation with the Management Group thereafter, the effective date of general increases and changes in the Management MOU has been May 1 of each year. Accordingly, the MOU attached to this position paper will be effective May 1, 1997, as agreement was reached at the table prior to the expiration of the contract. Attached is written confirmation of ratification from the Management Group. The proposed Management compensation package parallels the MOU previously adopted by the Board for the Management Support/Confidential Group (MS/CGl. Highlights of the MOU are as follows: . This agreement will be effective for forty-one months commencing May 1, 1997, and terminating September 17, 2000. . Effective May 1, 1997, the District will provide a 3.9% general salary increase. In the second year of the MOU, the wage adjustment shall be based on the changes in the Consumer Price Index (CPI) for all Urban Consumers (San Francisco/Oakland) during the February 1997 to February 1998 base period with a floor of three percent (3%) and a ceiling of six percent (6%). In the third year of the MOU, the wage adjustment shall be based on changes in the CPI for all Urban Consumers (San Francisco/Oakland) during the February 1998 to February 1999 base period with a floor of three percent (3%) and a ceiling of seven percent (7%). REVIEWED AND RECONWIENDED FOR BOARD AC710N INITIATING DEPARTMENT/DIVISION A:\97MGTMOU.PP 9/16/96 DATE June 13, 1997 Page 2 of 18 SUBJECT ADOPT MEMORANDUM OF UNDERSTANDING WITH THE MANAGEMENT GROUP, EFFECTIVE MAY 1, 1997 THROUGH SEPTEMBER 17, 2000 . The amount of leave time granted Management employees remains unchanged from the previous MOU. . The Management Group has agreed to the new health, dental, and vision care plans as recommended by the employee-management Health Care Task Force. The resultant cost savings by eliminating the Prudential medical, dental, and vision plans and contracting with HealthNet, and Delta Dental will be shared with the employees. Higher levels and more choices of benefits will be available to employees at significantly lower cost to the District. The District will pick up the cost of Medicare Part B. . The pay cycles will be standardized for all employees. . The District will implement direct deposit for employee paychecks. . Nominal increase in Professional Expense Reimbursement will be granted. . Dual health coverage option will be changed to parallel the change in the MS/CG agreement. . An administrative change will be made to enable employees to tax shelter a portion of their terminal compensation. . The Cafeteria Plan will be increased by $45/month per employee effective June 1, 1997, and $30/month per employee effective January 1, 1998. Because the Management Support/Confidential Group compensation package for the first full year of the contract totals 4.6 percent and the last, best, and final offer made to Local 1 tallies 4.66 percent, the Management Group has agreed to reduce the first year allocation to its Cafeteria Plan from the previously agreed to $75 to $45 per month. The MOU reflects a change in title of the "Community Education Officer" position to "Community Affairs Manager," and it is requested that the Board approve the attached class description which has been revised to reflect that change. One side letter to the new MOU was executed as part of the agreement. The side letter provides for meeting and conferring in nine months (March 1, 1998) regarding alternatives for assigned vehicles and/or reimbursement of costs for use of personal automobiles on District business, and formation of a Task Force to develop alternatives to the current Management MOU structure. DATE June 13, 1997 Page 3 of 18 SUBJECT ADOPT MEMORANDUM OF UNDERSTANDING WITH THE MANAGEMENT GROUP, EFFECTIVE MAY 1, 1997 THROUGH SEPTEMBER 17, 2000 The professional and cooperative approach of the Management Group's representatives and their willingness to consider the interests of the District contributed to reaching agreement in an expeditious manner. The Board representatives wish to recognize and commend the Management Group for their professional and cooperative attitude. RECOMMENDATION: Adopt the attached MOU between the District and the Central Contra Costa Sanitary District Management Group, covering all positions designated as Management, effective May 1, 1997 through September 17, 2000, and adopt the class description for the Community Affairs Manager position. MANAGEMENT GROUP MEMORANDUM OF UNDERSTANDING RECOGNITION AND COVERAGE The Management Group is the formally recognized exclusive employee representative for all Management Employees, excluding Executive Management, of the Central Contra Costa Sanitary District. The Management Group shall represent: Classification Salary Range Deputy General Manager * Deputy Chief Engineer Plant Operations Department Manager Collection System Operations Department Manager Infrastructure Division Manager Plant Engineering Division Manager Planning Division Manager Plant Operations Division Manager Plant Maintenance Division Manager Controller Risk Manager Purchasing and Materials Manager Human Resources Manager Community Affairs Manager M-20 M-20 M-22 M-24 M-26 M-26 M-26 M-26 M-26 M-29 M-33 M-35. M-37 M-37 * The incumbent Deputy General Manager has chosen to represent himself individually pursuant to Government Code Section 3502. The District need not fill those positions as listed above. II RIGHTS The Board of Directors' Representatives and the duly appointed Representatives of the Management Group will meet and confer in good faith. The Board of Directors, or any agent thereof, agrees that there will be no interference, restraint or coercion against the Management Group or any employee because of his/her group membership or group activity. 1 -------~---_.- ..~._,_."_._,...,.,--,._.~_.._._,..__.._--'_._--_._._.._'~._._.__.__.,,------~-_...._-._---_.._...__...~,_.._..,.--_._-,--_._--_._...._~-_.". ..__._--_..._-~.__.~.._,_..."..... ~.__.__..__.._--_._- -.. ,- ". .__.. ,"-- -.-.-...........-...--..,---..----.,.---. All employees of this bargaining unit, Management Group, in addition to being governed by this Agreement, shall also be subject to the District's rules, regulations, and policies having general applicability to employees of the District and any subsequent rules, regulations, and policies that may be promulgated in the future, so long as they do not conflict with this Agreement, past practices, or the law. Issues affecting employment which arise from members of the Management Group concerning the interpretation or application of the District's rules, regulations, or policies shall be discussed between the Manager, Manager's Supervisor, and the General Manager-Chief Engineer in a good faith attempt to resolve the issue. If they cannot reach a solution, the Board of Directors will hear the issue and make the final decision. III TERMS This Memorandum of Understanding shall remain in full force and effect from June 1, 1997 through September 17, 2000. IV GENERAL AND MERIT INCREASES Effective May 1, 1997 all covered positions shall receive an increase of three and nine-tenths percent (3.9%). Effective the first day of the May pay cycle 1998, the salary adjustment shall be based on changes in the Consumers Price Index (CPI) for all Urban Consumers (San Francisco/Oakland/San Jose) during the February 1997 to February 1998 base period. Depending on the CPI, the salary adjustment shall be at least three percent (3%), but no more than six percent (6%). Effective the first day of the May pay cycle 1999, the salary adjustment shall be based on changes in the Consumers Price Index (CPI) for all Urban Consumers (San Francisco/Oakland/San Jose) during the February 1998 to February 1999 base period. Depending on the CPI, the salary adjustment shall be at least three percent (3%), but no more than seven percent (7%). Employees normally receive a salary step increase upon satisfactory completion of their Probationary period and a merit increase of one salary step every twelve (1 2) months from the date they achieve permanent status until they reach the top of their range. The District shall distribute paychecks directly to the employee on the last regular District working day of each month. However, if the employee so elects, distribution may take place at the employee's written request by courtesy deposit to the Contra Costa Federal Credit Union or by direct deposit to any single financial institution accepting electronic wire transfer from the Federal Reserve Bank. 2 In order to accomplish direct deposit, the District shall move the pay period from the 21st through the 20th of each month to the 18th through the 17th of each month commencing February 18, 1998. Any employee who was previously paid on a pay period from the 21 st through the 20th of the month, may cash in vacation, sick leave or administrative leave at 100% of its value to reimburse employees for any one-time reduction in wages as a result of the change in the beginning date of the pay periods from the 21st to the 18th. Employees shall have the option of not cashing in leave and receiving reduced wages. Employees shall be paid based on a pay period from the 18th to 17th of each month commencing February 18, 1998. During the month of February 1998, sick leave, vacation and/or administrative leave may be cashed in at 100% of its value to reimburse employees previously paid from the 1 st to the last day of the month for anyone-time reduction in wages which occurs as a result of the change in the pay period. Employees shall have the option of not cashing in leave and receiving reduced wages. v VACATION Hired prior to May 1. 1985 Years Employed 0-5 Years 5-10 10-15 15-20 20-25 25-30 30+ Hired after May 1. 1985 Annual Allowance Maximum Accrual 0-3 Years 3-5 5-10 1 0- 1 5 15-20 20-25 25+ 1 0 Days 15 16 17 20 25 30 35 20 Days 30 32 34 40 50 60 70 The extra days accrued due to service of over five (5) years are credited to each employee's account on his/her anniversary date. If an employee leaves the District for any reason he/she will be paid for any earned vacation time not used. Payment of accumulated vacation time above the maximum annual accrual shall occur upon the written request of the employee provided that the employee has used at least ten (10) vacation days during the last twelve (12) months and requests payment before the anniversary date on which the time would be lost if not used. 3 VI SICK LEAVE Employees hired prior to May 1, 1985, earn fifteen (15) days of sick leave per year. Employees hired after May 1, 1985, earn twelve (12) days of sick leave per year. Sick leave may be used up to ten (10) days annually to attend to the health needs of an immediate family member. Also, in the event of a death in the employee's immediate family, the employee may be absent up to a maximum of ten (10) days and have the time off charged to his/her sick leave account. Unused sick leave accumulates from one year to the next. There is no maximum limitation. The balance of unused accumulated sick leave is credited as longevity upon retirement. For employees hired prior to May 1, 1985, the District shall augment the above sick leave policy with an incentive benefit using a formula crediting eighty-five (85%) of the employee's yearly unused sick leave to an accumulating account for that employee. For employees hired after May 1, 1985, the following schedule shall apply: Years of Service Pay-Off Credit at Termination Pay-Off Credit at Retirement 0-5 5-10 10-25 25+ 0% 25 25 25 0% 25 35 40 VII MEDICAL INSURANCE Current regular or probationary employees shall be provided with a choice of three health plans. As of the date of this Agreement, those plans are Kaiser, a HealthNet HMO and a HealthNet PPO. In the event these plans become unavailable due to unforeseen circumstances, the parties agree to meet and confer as soon as possible to negotiate the effects of any such change. The premium cost of the plans shall be borne by the District. Employees with dual health insurance coverage may withdraw from the District's health insurance plan and receive $145 per month effective June 1, 1997; $150, effective the first day of the May pay cycle 1998; and $155, effective the first day of the May pay cycle 1999, of additional salary in lieu of enrollment in the medical plan. The parties agree that in the event that federal health care reform legislation becomes effective during the term of this Agreement which call for health or other benefits different, or under different terms than those provided for in the Agreement, they will immediately meet and confer for the appropriate modification. 4 _^_._"~__~.__...._..__ ....__,____~_______".____._"^_'_._________"._.~__"______,.,.._____.,____~___.__._,~_._._.,"..__.._ _..._._.._.____...._.".__..__ - - "" _.. _._...___._..__".__.._..__.~_.."_,._~ - - 0-'- .._,,_,_..,.,,___ VIII RETIREMENT PROGRAM Retirement is based upon a formula which includes the employee's age, salary, and years of service. The District's contribution is 100% of the amount of the Employee's basic contribution in addition to the District's normal contribution. During the period of this Memorandum of Understanding, the employee will continue to contribute the employee cost-of-living (C.O.L.) share to the retirement system as required by the Contra Costa County Retirement System. District employees who were members of the Retirement Association on or prior to March 1, 1973, and who have vested thirty (30) years service in the Retirement Plan are not required to make any further contributions to the Retirement Plan. Those District employees so qualifying shall be entitled to receive a cash supplement to their salary equivalent to and in lieu of any District payment as may be granted and made as a portion of employee retirement contributions to the retirement program. IX CONTINUANCE OF BENEFIT PLAN TIER I: The program for retired employees hired prior to May 1, 1985, and their qualified dependents (as defined by the provider) who were covered as dependents at the time of retirement, shall provide for the continuance of medical, dental, and reduced life insurance plans in force at the time of retirement (% of life insurance at time of retirement). TIER II: The program for retired employees hired after May 1, 1985, and their dependents shall provide for the continuation of medical and dental and reduced life insurance plans ($10,000 policy) in force at the time of retirement with the exception that the District shall continue to pay for the full cost of a retired employee's/dependent's medical and dental coverage until the employee's/dependent's 65th birthday. Dental insurance shall be continued only for the dependent spouse upon the employee's retirement. At age 65, employee shall pay the District 50 percent of the cost to the District for the employee' s/dependent' s medical and dental coverage. COMMON TO ALL RETIREES: At the time of an employee's retirement, all qualified dependents (as defined by the plan provider) who already were dependents at the time of retirement, shall continue to be covered by the District's medical and dental plans in accordance with the Tier I and Tier II benefits as stated above. The District shall have no obligation to pay for coverage for more than two-party (retiree plus one) coverage for any new and different dependent added after the date of retirement. 5 ,_,~_......,_____~_~,_,_,_,__.__.____"______~.__..,._"________._._____..<.._.______,..__.._______'___,,~...._<..~__.___,___.___..._.._.___.___'w"_.'_." ",__,."",,d,"'_"_"_ ._._____.,__.'-_.____.____._.....____._._..,____ Medical coverage will be integrated (integration shall start at the age designated for Medicare benefits, currently age 65) with Medicare for all retirees regardless of hire date and eligible dependents upon their 65th birthday. If the retiree's/dependent's health plan requires enrollment at age 65 in Medicare Part B, the retiree and/or dependent shall be responsible for paying for the Medicare premiums. Upon submission of evidence of payment to Medicare, the District will reimburse the retiree and/or dependent for the cost of the Medicare Part B premiums. However, the District will not be responsible for any penalties or increased costs in the Medicare premium should the employee and/or eligible dependent not enroll in Medicare during the enrollment period surrounding his/her 65th birthday. The program for dependents of a deceased employee shall provide for the continuance of health and dental benefits for the length of that employee's total service with the District (in other than temporary status), or until such time that the spouse remarries, or until such time that the dependents no longer qualify for benefits as stated by the District's policy. X DENTAL PLAN The District shall provide a dental care program fully paid by the District. Beginning July 1, 1997, Delta Dental shall be the dental plan provider. XI DISABILITY INSURANCE All employees will be required to maintain a Long Term Disability Program. The District currently provides a Long Term Disability Program which begins after 60 days, provides 2/3 of salary, reduced by income from other sources, reviewed after 24 months. Beginning January 1, 1998, a Long-Term Disability Program, the terms of which may vary from those stated above, will be offered as a Cafeteria Plan option. The District shall credit its current cost of providing Long Term Disability Insurance to employees electing to pay for it out of their Cafeteria Plan. XII LIFE INSURANCE The District provides term life insurance and accidental death and dismemberment coverage as follows: The lesser of (a) an amount equal to two times tne employee's annual earnings, the result rounded to the next higher multiple of $1,000 if not an exact multiple thereof, and (b) $200,000. Dependents term life insurance equals $1,500 for employee's spouse and $100 for employee's children according to attained age of 14 days or over but less than six months, and $1,000 for children six months or over until age nineteen, unless a full- time student less than 23 years of age and dependent upon the employee for support. 6 XIII OTHER LEAVES If an employee is called for jury duty, he/she may either take time off with pay and turn over to the District any monies received (not including mileage allowance or meal expense) as a juror, or he/she may take vacation leave or leave without pay and keep all the monies paid to the employee. Mileage allowance shall be kept by the employee under any circumstance. Employees who are assigned to military duty are entitled to military leave in accordance with the provisions of applicable state laws (California Military and Veterans Code, Section 395 et. seq.). Each employee may select and take off up to five (5) days without pay during each Contract year. The choice of days off must be approved by the Department Manager or his/her designated representative. For the purposes of State Disability Insurance, Pregnancy Disability Leave is effective the first date the employee is disabled. The District will require verification from the employee's physician. E.g. If an employee's last day of work is 9/1, and the baby is delivered on 10/1, then the effective date of Pregnancy Disability Leave will be 9/1. Upon termination of the disability (generally six weeks following a regular delivery; eight weeks following a Caesarean Section, or the length of the disability whichever is longer), the employee will no longer be able to use sick leave, but will be allowed to use any accrued vacation or leave without pay. The combination of time off for approved Pregnancy Disability Leave and Family Medical Leave may not total more than seven months per occasion. This requires approval of the Department Manager. The District will comply with the provisions of the Family and Medical Leave Act and the California Family Rights Act. The District will require an employee to exhaust his/her sick leave prior to considering leave of absence without pay for the purposes of family and medical leave. Effective June 1, 1994 all Management Group employees will receive forty (40) hours per year administrative leave. These administrative leave hours will be credited to each employee's account on the first day of the May pay cycle of each applicable year. XIV HOLIDAYS There are thirteen (13) paid holidays. 7 XV CAFETERIA PLAN Commencing June 1, 1997, the Cafeteria Plan shall be increased by $45 per month and by an additional $30 per month on January 1, 1998, bringing the total to $375 per month for each employee. However, due to IRS restrictions on mid-year plan changes to cafeteria plans, in lieu of $45 per month for the June 1997 through December 1997 period, a one-time allocation of $315 to the Cafeteria Plan will be made in January 1998 for the January 1998 through December 1998 Plan Year. Beginning in January 1998, two additional options will be added to the cafeteria plan: 1) Long Term Disability, and 2) Long Term Health Care Insurance. XVI PROFESSIONAL EXPENSE REIMBURSEMENT Each manager shall have a Professional Expense Reimbursement not to exceed $2,000 per fiscal year for their use in improving their knowledge and skills. This allowance would be used for professional, job-related training, class, or conference requested by the manager. It is subject to approval by the General Manager-Chief Engineer. Travel would be limited to the U.S. and Canada unless the General Manager-Chief Engineer and the District Board approve attending functions outside the U.S. and Canada. No portion of the allowance that is unused would carryover from year to year. XVII REGISTRATION DIFFERENTIAL The District grants a five percent (5%) salary increase to employees who achieve registration or license as a Professional Engineer, Land Surveyor, or Certified Public Accountants while employed by the District in a position not requiring such registration or license. XVIII PROFESSIONAL REGISTRATION The District shall pay the registration and renewal fees for all professional registered engineers, licensed land surveyors, Certified Public Accountant, and those employees who hold a current California Wastewater Treatment Plant Operator's Certificate. The registration and/or certificate must be a requirement of the employee's classification. XIX LONGEVITY COMPENSATION Employees who have 10 years or more of service in the District will receive an additional 2 % percent salary increase. 8 XX DEFERRED COMPENSATION PROGRAM In lieu of Social Security, the District offers a Deferred Compensation Plan. The District's contribution is an amount equal to that which normally would have been contributed to Social Security. To participate, the employee must contribute a minimum of $5 per month to the Deferred Compensation Plan. XXI TERMINAL COMPENSATION A portion of the employee's terminal compensation will be contributed by the District to the 401 (a) plan at termination, retirement or resignation as follows: . If terminal compensation is more than $10,000, 50%; . if terminal compensation is between $5,000 and $10,000, 25%; . if terminal compensation is less than $5,000, 0%. In no case will the total 401 (a) contribution be in excess of Internal Revenue Code mandated limits in force at the time of retirement. XXII SALARY CONTINUANCE It shall be the general policy of the District to continue pay to an employee under the Salary Continuance Plan when an employee incurs a work-related injury or illness. This plan commences if the employee qualifies for temporary disability payments from Worker's Compensation for the disability and, if in the opinion of the District, the disability is work-related. If the injury or illness is determined legitimate, all of the employee's regular benefits will continue during the time this plan is in effect. The salary continuance will be equivalent to seventy percent (70%) of gross salary less any Worker's Compensation payments. The maximum period for which this plan could be used by an employee will be six (6) months or until a stable level of disability is reached, whichever comes first. The Salary Continuance Plan will commence on the fourth day after the disabled employee leaves work as a result of the injury or illness after a three-day waiting period. However, if the injury or illness causes disability of more than twenty-one (21) days or necessitates hospitalization, the Plan will become effective from the first day the injured employee leaves work as a result of the injury or illness. The employee may use vacation or sick leave accrual during this waiting period. XXIII VEHICLES/MilEAGE Home garage assignments and use of District vehicles for District business shall continue on a case-by-case basis. 9 Those employees driving their personal vehicle on District business shall be reimbursed by the District at the rate allowed by the Internal Revenue Service without tax consequences. XXIV SAFETY EQUIPMENT Personal safety equipment required by the employee to perform his/her job duties will be provided by the District. The employee will be entitled to safety shoes and safety glasses in accordance with the applicable District policies and standards. XXV EMPLOYEE ASSISTANCE PROGRAM (EAPI The District Employee Assistance Program shall be provided by the District to the employee. XXVI SAVINGS If any provision of this Memorandum of Understanding should be held invalid or outside the scope of bargaining by operation of law or by the final judgment of any court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby. XXVII SIGNATURES TO AGREEMENT Entered into this 2.1~ay of May 1997 subject to the adoption by the Board of Directors of Central Contra Costa Sanitary District. CENTRAL CONTRA COSTA SANITARY DISTRICT MANAGEMENT GROUP JOHN A. LARSON TIM J. EMERT g /; ~~ r-/~~ "'KEN F. LAVERTY Ja~~~ 10 Central Contra Costa Sanitary District FAX: (510) 676-7211 RoaERJ. DOLAN aerural Manager ChiefEngiruer May 29, 1997 KENTON L AIM Counsel for the District (510) 938-1430 JOYCE E. MURPHY Secretary of the District Mr. John A. Larson Management Group Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553 Dear Mr. Larson: SIDE LETTER TO MEMORANDUM OF UNDERSTANDING, JUNE 1, 1997-SEPTEMBER 17,2000 The District and the Management Group hereby mutually agree that: · The District and the Management Group hereby agree to meet and confer in nine (9) months (March 1, 1998) regarding alternatives for assigned vehicles and/or reimbursement of costs for use of personal automobiles on District business. · The District and the Management Group hereby agree that a Task Force will be formed to develop alternatives to the current Management MOU structure prior to the expiration of the this MOU. Sincerely, Agreed: ~~u~~~ Tim J. Emert John A. Larson / ." ~L P-/~~ Ken F. Laverty John C. Pearl yvf C~ @ Recycled PaDcr CENTRAL CONTRA COSTA SANITARY DISTRICT Effective: Range: Respirator Class: M-37 3 COMMUNITY EDUCATION OFFICER AFFAIRS MANAGER DEFINITION Develop, organize, and coordinate public education, community affairs, publications, reproduction services and other staff outreach activities; supervise the Graphics and Public Information support staff; advise and assist other organizational units within the District regarding public information aspects of their work; perform other related work. SUPERVISION RECEIVED AND EXERCISED Receive general direction from the Deputy General Manager. Exercise general and direct supervision over subordinates in the Graphics and Public Information Section. EXAMPLES OF ESSENTIAL DUTIES - Duties may include, but are not limited to, the following: Organize, participate in, and supervise community education programs. Coordinate with school personnel regarding the placement of the District's program in classrooms and direct the scheduling, training, and recordkeeping involved in contacts with school personnel. Represent the District at meetings of educators and/or other agencies involved in the distribution of materials oriented to classrooms. Direct the development of supplemental curriculum materials and their distribution to school personnel as requested. Represent the District at meetings of local and regional committees involved in the development and distribution of pollution prevention public education materials. Develop programs, plans, strategies, and solutions for problems and issues associated with graphic communication to ensure effective planning and timely delivery of graphic services and products. Direct the preparation of displays, speeches, brochures, and publications and other public education materials including films, video and slide shows, regarding District activities or facilities. Develop and maintain a Speaker's Bureau program. CENTRAL CONTRA COSTA SANITARY DISTRICT Community Education Officer Affairs Manager (Continued) EXAMPLES OF ESSENTIAL DUTIES In absence of the Deputy General Manager, serve as District contact for representatives of the media. Meet with elected and appointed officials, community leaders, and others to represent the District's intents and views in a manner to win support and recognition. Work with the District's Legislative representatives in the coordination of various legislative activities. Coordinate the services of reproduction, publication, and mass media consultants and contractors. Develop, manage, write and/or edit various publications of the District. Participate in budget preparation and implementation; responsible for monitoring and controlling expenditures. Evaluate operations and activities of assigned responsibilities; recommend improvements and modifications; prepare various reports on operations and activities. Participate in the selection of staff; provide or coordinate staff training; recommend discipline. Respond to inquiries and provide information to the public; investigate complaints and recommend corrective action as necessary to resolve complaints. Build and maintain positive working relationships with co-workers, other District employees, and the public using principles of good customer service. Prepare, format, and coordinate news material and other information for distribution to the communications media, the general public, and District employees. Act as a liaison with community groups. Supervise and evaluate the work of the graphics and public information staff; substitute for the supervisor in his/her absence. Perform related duties as assigned. CENTRAL CONTRA COSTA SANITARY DISTRICT Community Education Officer Affairs Manager (Continued) MINIMUM QUALIFICATIONS Knowledae of: Principles and practices of supervision, training, and performance evaluation. Principles and practices of mass communications, public relations, and public education. Methods of communication to various media. English grammar, spelling, punctuation, and vocabulary. Methods and techniques of establishing and maintaining a positive public education program. Principles and methods of graphics design and reprographics. Principles of budget development and monitoring. Abilitv to: Continuously analyze documents; write/edit clearly and concisely; identify potential problems and suggest solutions; understand media relations; observe employees when supervising; speak before the District Board, employees, and public audiences with knowledge and respect in a clear and concise manner. Sit at desk and in meetings for long periods of time on a continuous basis. Intermittently twist to reach equipment surrounding desk, use telephone and personal computer, write; perform simple grasping and fine manipulation; and lift or carry weight of ten pounds or less. Develop and administer a public education program. Manage a Division budget. Establish and maintain effective working relationships with those contacted in the course of work. Supervise, train, and evaluate assigned staff. Prepare and coordinate for publication, news releases, articles, correspondence, booklets, brochures, and speeches. Operate a wide variety of audio visual equipment. "..-'-...----.-----~.--,>..,.,..,-..- .-""-.------.~-....-.-.-.-,.--.-"...---..--~-~,-.-,-.---.".-----..---~, '_.'"--'-_._'__.'_.___~__~~_""__'_'_'_m"',_,.",'_'_.__._..___.,~_,"" CENTRAL CONTRA COSTA SANITARY DISTRICT Community Education Officer Affairs Manager (Continued) EXPERIENCE AND EDUCATION Any combination equivalent to experience and education that could likely provide the required knowledge and abilities would be qualifying. A typical way to obtain the knowledge and abilities would be: Exoerience: Five years of increasingly responsible professional and managerial experience in the preparation and dissemination of information regarding the activities of a public or private agency including two years of supervisory experience. Education: Equivalent to a bachelor's degree from an accredited college or university with major course work in communications, journalism, English, public administration, or a related field. A master's degree is desirable. LICENSES AND CERTIFICATES Possession of a valid California Driver's License. ~ (,entral Contra Costa Sanitary District BOARD OF DIRECTORS Page 1 of 1 0 BOARD MEETING OF June 19, 1997 NO. 9. HUMAN RESOURCES b. TYPE OF ACTION June 10, 1997 ADOPT MOU SUBJECT ADOPT MEMORANDUM OF UNDERSTANDING (MOU) WITH THE INCUMBENT DEPUTY GENERAL MANAGER, EFFECTIVE MAY 1, 1997 THROUGH SEPTEMBER 17, 2000 SUBMITTED BY Joyce E. Murphy, Secretary of the District INITIATING DEPTIDIV Administrative ISSUE: Paul Morsen, the Deputy General Manager, whose classification is covered under the Management Group, has exercised his right to represent himself individually in the meet and confer process pursuant to Government Code Section 3502. Board representatives and the individual have agreed to the attached Memorandum of Understanding (MOU); accordingly, presentation to the Board of Directors for final adoption is now appropriate. BACKGROUND: Board representatives and the Deputy General Manager met to discuss the compensation of the Deputy General Manager. The proposed compensation package reflects the compensation levels and benefits, and is consistent with and parallels all provisions of the Management Group Memorandum of Understanding effective May 1, 1997 through September 17, 2000. As in the discussions with the Management Group representatives, the commitment of the Deputy General Manager to the District was clear. Agreement was reached in a cooperative atmosphere. RECOMMENDATION: Adopt the Memorandum of Understanding between the District and Paul Morsen, the incumbent Deputy General Manager, effective May 1, 1997 through September 17, 2000. REVIEWS) AND RECOMMENDED FOR BOARD ACTION INITIATING DEPARTMENTIDIVISION A:\97MORSEN.PP 9/16/96 CENTRAL CONTRA COSTA SANITARY DISTRICT INDIVIDUAL MEMORANDUM OF UNDERSTANDING RECOGNITION AND COVERAGE Paul Morsen has chosen to represent himself individually pursuant to Government Code Section 3502. Central Contra Costa Sanitary District hereby recognizes Paul Morsen. Morsen's classification is Deputy General Manager. His salary range is M-20. II RIGHTS The Board of Directors' Representatives and Morsen will meet and confer in good faith. The Board of Directors, or any agent thereof, agrees that there will be no interference, restraint or coercion against Morsen because of his self-representation bargaining status. Morsen, in addition to being governed by this Agreement, shall also be subject to the District's benefits rules, regulations, and policies having general applicability to management employees of the District and any subsequent rules, regulations, and policies that may be promulgated in the future, so long as they do not conflict with this Agreement, past practices, or the law. Issues affecting employment which arise from Morsen concerning the interpretation or application of the District's rules, regulations, or policies shall be discussed between Morsen and the General Manager-Chief Engineer in a good faith attempt to resolve the issue. If they cannot reach a solution, the Board of Directors will hear the issue and make the final decision. III TERMS This Memorandum of Understanding shall remain in full force and effect from June 1, 1997 through September 17, 2000. IV GENERAL INCREASES Effective May 1, 1997 Morsen shall receive an increase of three and nine-tenths percent (3.9%). Effective the first day of the May pay cycle 1998, the salary adjustment shall be based on changes in the Consumers Price Index (CPI) for all Urban Consumers (San Francisco/Oakland/San Jose) during the February 1997 to February 1998 base 1 period. Depending on the CPt, the salary adjustment shall be at least three percent (3%), but no more than six percent (6%). Effective the first day of the May pay cycle 1999, the salary adjustment shall be based on changes in the Consumers Price Index (CPI) for all Urban Consumers (San Francisco/Oakland/San Jose) during the February 1998 to February 1999 base period. Depending on the CPI, the salary adjustment shall be at least three percent (3%), but no more than seven percent (7%). The District shall distribute paychecks directly to Morsen on the last regular District working day of each month. However, if the Morsen so elects, distribution may take place at Morsen's written request by courtesy deposit to the Contra Costa Federal Credit Union or by direct deposit to any single financial institution accepting electronic wire transfer from the Federal Reserve Bank. Morsen shall be paid based on a pay period from the 18th to 17th of each month commencing February 18, 1998. In order to accomplish direct deposit, the District shalt move the pay period from the 21 st through the 20th of each month to the 18th through the 17th of each month commencing February 18, 1998. Morsen, who was previously paid on a pay period from the 21 st through the 20th of the month, may cash in sick leave, vacation and/or administrative leave at 100% of its value to reimburse Morsen for anyone-time reduction in wages as a result of the change in the beginning date of the pay periods from the 21 st to the 18th. v VACATION Hired prior to Mav 1, 1 985 Years Emoloved 0-5 Years 5-10 1 0-1 5 15-20 20- 25 25-30 30+ Annual Allowance Maximum Accrual 1 5 Days 16 17 20 25 30 35 30 Days 32 34 40 50 60 70 The extra d.ays accrued due to service of over five (5) years are credited to Morsen's account on his anniversary date. If Morsen leaves the District for any reason he will be paid for any earned vacation time not used. 2 Payment of accumulated vacation time above the maximum annual accrual shall occur upon Morsen's written request provided that he has used at least ten (1 0) vacation days during the last twelve (12) months and requests payment before the anniversary date on which the time would be lost if not used. VI SICK LEAVE Morsen earns fifteen (15) days of sick leave per year. Sick leave may be used up to ten (10) days annually to attend to the health needs of an immediate family member. Also, in the event of a death in the employee's immediate family, the employee may be absent up to a maximum of ten (10) days and have the time off charged to his sick leave account. Unused sick leave accumulates from one year to the next. There is no maximum limitation. The balance of unused accumulated sick leave is credited as longevity upon retirement. For Morsen, the District shall augment the above sick leave policy with an incentive benefit using a formula crediting eighty-five (85%) of his yearly unused sick leave to an accumulating account for him. VII MEDICAL INSURANCE Morsen shall be provided with a choice of three health plans. As of the date of this Agreement, those plans are Kaiser, a HealthNet HMO and a HealthNet PPO. In the event these plans become unavailable due to unforeseen circumstances, the parties agree to meet and confer as soon as possible to negotiate the effects of any such change. The premium cost of the plans shall be borne by the District. Employees with dual health insurance coverage may withdraw from the District's health insurance plan and receive $145 per month effective June 1, 1997; $150, effective the first day of the May pay cycle 1998; and$155, effective the first day of the May pay cycle 1999, of additional salary in lieu of enrollment in the medical plan. The parties agree that in the event that federal health care reform legislation becomes effective during the term of this Agreement which call for health or other benefits different, or under different terms than those provided for in the Agreement, they will meet and confer for the appropriate modification. VIII RETIREMENT PROGRAM Retirement is based upon a formula which includes the employee's age, salary, and years of service. The District's contribution is 100% of the amount of Morsen's basic contribution in addition to the District's normal contribution. 3 During the period of this Memorandum of Understanding, Morsen will continue to contribute the employee cost-of-Iiving (C.O.L.) share to the retirement system as required by the Contra Costa County Retirement System. IX CONTINUANCE OF BENEFIT PLAN When he retires, the program for Morsen, who was hired prior to May 1, 1985, and his qualified dependents (as defined by the provider) who were covered as dependents at the time of retirement, shall provide for the continuance of medical, dental, and reduced life insurance plans (Y:z of life insurance at time of retirement) in force at the time of retirement. COMMON TO ALL RETIREES: At the time of Morsen's retirement, all qualified dependents (as defined by the plan provider) who already were dependents at the time of retirement, shall continue to be covered by the District's medical and dental plans as stated above. The District shall have no obligation to pay for coverage for more than two-party (retiree plus one) coverage for any new and different dependent added after the date of retirement. The medical coverage after age 65 will be integrated with Medicare for all retirees regardless of hire date and eligible dependents upon their 65th birthday. If the retiree's/dependent's health plan requires enrollment at age 65 in Medicare Part B, the retiree and/or dependent shall be responsible for paying for the Medicare premiums. Upon submission of evidence of payment to Medicare, the District will reimburse the retiree and/or dependent for the cost of the Medicare Part B premiums. However, the District will not be responsible for any penalties or increased costs in the Medicare premium should the employee and/or eligible dependent not enroll in Medicare during the enrollment period surrounding his/her 65th birthday. The program for dependents of a deceased employee shall provide for the continuance of health and dental benefits for the length of that employee's total service with the District (in other than temporary status), or until such time that the spouse remarries, or until such time that the dependents no longer qualify for benefits as stated by the District's policy. X DENTAL PLAN The District shall provide Morsen a dental care program fully paid by the District. Beginning July 1, 1997, Delta Dental shall be the dental plan provider. 4 XI DISABILITY INSURANCE All employees will be required to maintain a Long Term Disability Program. The District currently provides a Long Term Disability Program which begins after 60 days, provides 2/3 of salary, reduced by income from other sources, reviewed after 24 months. Beginning January 1, 1998, a Long-Term Disability Program, the terms of which may vary from those stated above, will be offered as a Cafeteria Plan option. The District shall credit its current cost of providing Long Term Disability Insurance to employees electing to pay for it out of their Cafeteria Plan. XII LIFE INSURANCE The District provides term life insurance and accidental death and dismemberment coverage as follows: The lesser of (a) an amount equal to two times the employee's annual earnings, the result rounded to the next higher multiple of $1 ,000 if not an exact multiple thereof, and (b) $200,000. Dependents term life insurance equals $1,500 for employee's spouse and $100 for employee's children according to attained age of 14 days or over but less than six months, and $1,000 for children six months or over until age nineteen, unless a full-time student less than 23 years of age and dependent upon the employee for support. XIII OTHER LEAVES If Morsen is called for jury duty, he may either take time off with pay and turn over to the District any monies received (not including mileage allowance or meal expense) as a juror, or he may take vacation leave or leave without pay and keep all the monies paid to the employee. Mileage allowance shall be kept by the employee under any circumstance. Employees who are assigned to military duty are entitled to military leave in accordance with the provisions of applicable state laws (California Military and Veterans Code, Section 395 et. seq.). Morsen may select and take off up to five (5) days without pay during each Contract year. The choice of days off must be approved by the General Manager- Chief Engineer or his/her designated representative. For the purposes of State Disability Insurance, Pregnancy Disability Leave is effective the first date the employee is disabled. The District will require verification from the employee's physician. Eg. If an employee's last day of work is 9/1, and the baby is delivered on 10/1, then the effective date of Pregnancy 5 Disability Leave will be 9/1. Upon termination of the disability (generally six weeks following a regular delivery; eight weeks following a Caesarean Section, or the length of the disability whichever is longer), the employee will no longer be able to use sick leave, but will be allowed to use any accrued vacation or leave without pay. The combination of time off for approved Pregnancy Disability Leave and Family Medical Leave may not total more than seven months per occasion. This requires approval of the General Manager-Chief Engineer. The District will comply with the provisions of the Family and Medical Leave Act and the California Family Rights Act. The District will require an employee to exhaust his/her sick leave prior to considering leave of absence without pay for the purposes of family and medical leave. Effective June 1, 1994 Morsen will receive forty (40) hours per year administrative leave. These administrative leave days will be credited to his account on the first day of the May pay cycle of each applicable year. XIV HOLIDAYS There are thirteen (13) paid holidays. XV CAFETERIA PLAN Commencing June 1, 1997, the Cafeteria Plan for Morsen shall be increased by $45 per month and an additional $30 per month on January 1, 1998. However, due to IRS restrictions on mid-year plan changes to cafeteria plans, in lieu of $45 per month for the June 1997 through December 1997 period, a one-time allocation of $315 to the Cafeteria Plan will be made in January 1998 for the January 1998 through December 1998 Plan Year. Beginning in January 1998, two additional options will be added to the cafeteria plan: 1) Long Term Disability and 2) Long Term Health Care Insurance. XVI REGISTRATION DIFFERENTIAL The District grants a five percent (5%) salary increase to employees who achieve registration or license as a Professional Engineer, Land Surveyor, or Certified Public Accountant while employed by the District in a position not requiring such registration or license. XVII PROFESSIONAL REGISTRATION The District shall pay the registration and renewal fees for all professional registered engineers, licensed land surveyors, Certified Public Accountant, and those employees who hold a current California Wastewater Treatment Plant 6 Operator's Certificate. The registration and/or certificate must be a requirement of the employee's classification. XVIII LONGEVITY COMPENSATION Employees who have 10 years or more of service in the District will receive an additional 2 % percent salary increase. XIX DEFERRED COMPENSATION PROGRAM In lieu of Social Security, the District offers a Deferred Compensation Plan. The District's contribution is an amount equal to that which normally would have been contributed to Social Security. To participate, the employee must contribute a minimum of $5 per month to the Deferred Compensation Plan. XX TERMINAL COMPENSATION A portion of Morsen's terminal compensation will be contributed by the District to the 401 (a) plan at termination, retirement or resignation as follows: · If terminal compensation is more than $10,000,50%; · If terminal compensation is between $5,000 and $10,000,25%; · If terminal compensation is less than $5,000, 0%. In no case will the total 401 (a) contribution be in excess of Internal Revenue Code mandated limits in force at the time of retirement. XXI SALARY CONTINUANCE It shall be the general policy of the District to continue pay to an employee under the Salary Continuance Plan when an employee incurs a work-related injury or illness. This plan commences if the employee qualifies for Worker's Compensation for the disability and, if in the opinion of the District, the disability is work-related. If the injury or illness is determined legitimate, all of the employee's regular benefits will continue during the time this plan is in effect. The salary continuance will be equivalent to seventy percent (70%) of gross salary less any Worker's Compensation payments. The maximum period for which this plan could be used by an employee will be six (6) months or until a stable level of disability is reached, whichever comes first. The Salary Continuance Plan will commence on the fourth day after the disabled employee leaves work as a result of the injury or illness after a three-day waiting period. However, if the injury or illness causes disability of more than twenty-one 7 (21) days or necessitates hospitalization, the Plan will become effective from the first day the injured employee leaves work as a result of the injury or illness. The employee may use vacation or sick leave accrual during this waiting period. XXII VEHICLES/MILEAGE Morsen shall have home garage assignment and use of a District vehicle for District business. If Morsen uses his personal vehicle on District business, he shall be reimbursed by the District at the rate allowed by the Internal Revenue Service without tax consequences. XXIII SAFETY EQUIPMENT Personal safety equipment required by Morsen to perform his job duties will be provided by the District. Morsen will be entitled to safety shoes and safety glasses in accordance with the applicable District policies and standards. XXIV EMPLOYEE ASSISTANCE PROGRAM (EAPI The District Employee Assistance Program shall be provided by the District to the employee. XXV SA VINGS If any provision of this Memorandum of Understanding should be held invalid or outside the scope of bargaining by operation of law or by the final judgment of any court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby. XXVI SIGNATURES TO AGREEMENT Signed and entered into this 2~ay of May 1997 subject to the adoption by the Board of Directors of Central Contra Costa Sanitary District. CENTRAL CONTRA COSTA SANITARY DISTRICT -I'"C' i "\ ~cL~. ~. l )LJ JO E MURPHY P~UL MORSEN TIM J. EMERT 8 Central Contra Costa Sanitary District FAX: (510) 676-7211 June 6, 1997 ROGER J. DOLAN General Manager Chief Engineer KENTON L AIM Counselfor the District (510) 938-1430 JOYCE E. MURPHY Secretary of the District Mr. Paul Morsen Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553 Dear Mr. Morsen SIDE LETTER TO MEMORANDUM OF UNDERSTANDING, JUNE 1, 1997-SEPTEMBER 17,2000 The District and Morsen hereby mutually agree that: · The District and Morsen hereby agree to meet and confer in nine (9) months (March 1, 1998) regarding alternatives for assigned vehicle and/or reimbursement of costs for use of personal automobile on District business. Sincerely, 4~~~~ Agreed: Len Tim J. Emert * Recycled Paper . _0_--.-..,.___*.._."______~'"..___"_.__,_..~________.._.,'_~__"_,.__.__~___~_.._~"_.___~_ ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS :::j:i5..;'II:':':;:::':':;:::I':'.ii':::::;B::A:~:I;:I':.::::::::tii:j:::j:j:::::: BOARD MEETING OF :tII:MI:e;::::::::::/:L::MI~!:lt::m.;}:::::::;:;;:;::;;:;g~~~:~~:::;:;::: June 19, 1997 Page 1 of 2 NO. 13. BUDGET & FINANCE a. DATE TYPE OF ACTION June 16, 1997 BUDGET ADOPTION SUBJ ECT APPROVE A BOARD RESOLUTION TO ADOPT THE 1997-1998 PERSONNEL, EQUIPMENT, CAPITAL IMPROVEMENT, OPERATIONS AND MAINTENANCE, AND SELF-INSURANCE FUND BUDGETS AS COMPRISING THE 1997-1998 DISTRICT BUDGET SUBMITTED BY Debbie Ratcliff, Controller INITIATING DEPTIDIV Administrative/Finance & Accounting ISSUE: The 1997-1998 Personnel, Equipment, Capital Improvement, Operations and Maintenance and Self- Insurance Fund Budgets are submitted for adoption by the Board of Directors. BACKGROUND: The 1997-1998 Operations and Maintenance, and Self-Insurance Fund Budgets were approved by the Board of Directors on June 5, 1997. In its approval action, the Board is holding the residential Sewer Service Charge rate of $188 constant for the 1997-1998 Budget. The 1997-1998 Personnel and Equipment Budgets were approved at the May 1, 1997 Board Meeting, and the Capital Improvement Budget was approved at the May 15, 1997 Board Meeting. A copy of the Board resolution adopting the 1997-1998 Personnel, Equipment, Capital Improvement, Operations and Maintenance, and Self-Insurance Fund Budgets is attached. RECOMMENDATION: Approve a Board resolution to adopt the 1997-1998 Personnel, Equipment, Capital Improvement, Operations and Maintenance, and Self-Insurance Fund Budgets, as comprising the 1997-1998 Central Contra Costa Sanitary District Budget. ~D AND RECOMNENDED FOR BOARD ACTlON DR PM G V 72AGERlCHIEF ENGINEER ~~~A v'(/Z ^-- , ROGERJ.DOLAN INITIATING DEPARTMENTIDIVlSlON ~~ /I~, 5 :\ADMI N\POS P A PER\BUD A PPR. PP 9116/96 RESOLUTION NO. A RESOLUTION ADOPTING THE 1997-1998 CENTRAL CONTRA COSTA SANITARY DISTRICT BUDGET The District Board of the Central Contra Costa Sanitary District does hereby resolve as follows: THAT, the 1997-1998 Central Contra Costa Sanitary District Budget, consisting of the Personnel Budget, Equipment Budget, Capital Improvement Budget, Operations and Maintenance Budget, and Self-Insurance Fund Budget, be adopted; and THAT, payment by the Running Expense Fund to provide funding for the District's Self- Insurance Fund for 1997-1998 would be required. PASSED AND ADOPTED this 19th day of June 1997 by the District Board of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: Secretary of the Central Contra Costa Sanitary District, Count of Contra Costa, State of California Approved as to Form: Kenton L. Aim Counsel for the District ADS/SI Ad min/Pospaper Ib uda ppr. Page 2