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HomeMy WebLinkAboutAGENDA BACKUP 01-23-97 ~ Central Contra Costa Sanitary District ~l...'-~~ BOARD OF DIRECTORS Page 1 of 2 :::I~III"I:IIIII:':':;:;:::'::"':""',,::.::'..:.:.:..1'::1:1.1:1::1 BOARD MEETIj:~uary 23, 1997 NO. 3. CONSENT CALENDAR 1. DATE January 13, 1997 TYPE OF ACTlON QUITCLAIM SEWER EASEMENTS SUBJECT QUITCLAIM SEWER EASEMENTS TO DAVIDON HOMES, PLEASANT HILL AREA, JOBS 647 AND 936 SUBMITTED BY Dennis Hall, Associate Engineer INITlATlNG DEPTA:lIV Engineering Department/Infrastructure Division ISSUI;: Davidon Homes, the owners of property recently developed as Subdivision 7243, has requested that the District quitclaim the subject easements. BACKGROUND: The subject easements were granted at no cost to this District in 1961 and 1963 for the "off-site" sewer main serving properties to the west and north of the new Subdivision 7243. The "off-site" sewer main has been relocated into new easements that conform to the layout of the new subdivision. The original "off-site" sewer has been abandoned, and the subject easements are no longer in use and may now be quitclaimed. The District's quitclaim processing fee has been paid. Staff has concluded that this project (the proposed quitclaim) is exempt from the California Environmental Quality Act (CECA) under District CECA Guidelines, Section 18.6, since it involves a minor alteration in land- use limitations. Board of Director's approval of this quitclaim will constitute an independent finding that this project is exempt from CECA. RECOMMENDAOON: Approve Quitclaim Deed to Davidon Homes, a California Umited Partnership, Jobs 647 and 936; authorize the President of the Board of Directors and the Secretary of the District to execute said Quitclaim Deed; and authorize the Quitclaim Deed to be recorded. RJR so. INITlATlNG DEPARTMENTA:l1 ON ..ilt JX) jll{ ~ JSM H:\PP\QT647936.DH 9/16/96 Page 2 of 2 79 80 a 1 82 83 84 GOLF 74 73 72 71 70 69 68 67 66 65 SUB 7243 Q(J/~ .I:;~ SEWER ~~~~ I +- REPLA,c.,.. ENrS ~ .:": A.ND NEW""ENr EA.S . 'r SEWER ..EAf€Nr ''''A. IN QUITCLAIM SEWER EASEMENTS JOBS 647 AND 93<<) PLEASANT HILL AREA ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS :11:1.1..11111111.llil:IIII:IIII: BOARDMErn]~~uary 23,1997 Page 1 of 10 NO. 3. CONSENT CALENDAR m. DATE TYPE OF ACTlON January 13, 1997 ADOPT RESOLUTION SUBJECT ADOPT RESOLUTIONS TO CONTINUE THE FORMATION OF GARY WAY CONTRACTUAL ASSESSMENT DISTRICT NO. 1 SUBMITTED BY INITlATlNG DEPTIDIV Jay S. McCoy, Infrastructure Division Manager Engineering Department/Infrastructure Division ISSUE: Board action is required to adopt resolutions to continue the process of forming Gary Way Contractual Assessment District No. 1 (C.A.D. No.1) BACKGROUND: On October 17, 1996, the Board of Directors adopted a resolution directing the preparation of a report for a demonstration project known as Gary Way C.A.D. No.1. Two additional actions by the Board are appropriate at this time: 1) approve the boundary of the assessment district and 2) request the consent of Contra Costa County to the District conducting proceedings for Gary Way C.A.D. No.1. Separate resolutions have been drafted for each action, and the resolutions are attached for review. RECOMMENDATION: Adopt resolutions approving the boundary map and requesting consent of Contra Costa County for Gary Way C.A.D. No.1. REi FOR so AC710N {JJU RAB H:\PP\CADl FORM.JSM 9/16/96 Pa e 2 of 10 " .g' ci. o E >- ~ ~ N / ~ 0 150 300 , , FEET / / ." / ." '" u a. :: -'= Central Contra Costa Sanitary District ... 0> ~ --' ;; PROPOSED BOUNDARIES OF GARY WAY CONTRACTURAL ASSESSMENT DISTRICT (C.A.D. No.1) "' Page 3 of 10 RESOlUTION NO. 97- RESOlUTION APPROVING BOUNDARY MAP GARY WAY CONTRACTUAL ASSESSMENT DISTRICT NO.1 (C.A.D. NO.1) The Board of Directors of the Central Contra Costa Sanitary District resolves: A map entitled "Proposed Boundaries of Gary Way Contractual Assessment District No. 1 (C.A.D. No.1)" has been filed with the Secretary of the District. This Board approves the map and adopts the boundaries shown on the map as describing the extent of the territory included in a proposed assessment district to be known as Gary Way Contractual Assessment District No. 1 (C.A.D. No.1), Central Contra Costa Sanitary District, County of Contra Costa, California. This Board intends to levy a contractual assessment upon the land within the described District in accordance with the benefit to be received by each parcel of land, respectively, from the improvement. There shall be omitted from assessment, all public streets, alleys, and places and all land belonging to the United States, the State of California, the County of Contra Costa and the District now in use in the performance of a public function. This Board finds that the map is in the form and contains the matters prescribed by Section 3110 of the California Streets and Highways Code. H:\PP\CAD1 FORM.JSM 1 Page 4 of 10 This Board directs the Secretary of the District to certify the adoption of this resolution on the face of the map and to file a copy of the map with the County Recorder for placement in the Book of Maps of Assessment and Community Facilities Districts. PASSED AND ADOPTED this 23rd day of January, 1997, by the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Mario M. Menesini President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: Joyce E. Murphy Secretary, Central Contra Costa Sanitary District, County of Contra Costa, State of California APPROVED AS TO FORM: Kenton L. Aim, District Counsel H:\PP\CADl FORM.JSM 2 Page 5 of 10 RESOlUTION NO. 97- _ RESOlUTION REQUESTING CONSENT TO CONDUCT ASSESSMENT PROCEEDINGS GARY WAY CONTRACTUAL ASSESSMENT DISTRICT NO.1 (C.A.D. NO.1) The Board of Directors of the Central Contra Costa Sanitary District resolves: On October 17, 1996, the Board adopted a Resolution of Intention, a copy of which is annexed hereto, marked Exhibit A, and by reference incorporated herein as though fully set forth. All of the property proposed to be assessed lies within the unincorporated territory of Contra Costa County. The area of Contra Costa County which lies within the proposed assessment district will, in the opinion of the Board of Directors of the Central Contra Costa Sanitary District, be benefitted by the improvements referred to in the Resolution of Intention, and the purposes sought to be accomplished by the work can best be accomplished by a single, comprehensive scheme of work. The consent of Contra Costa County, through its Board of Supervisors, is hereby requested to the formation of the district described in said Resolution of Intention, to the improvement described, and to the assumption of jurisdiction by this Board for all purposes in connection with the formation of this assessment district, the improvements to be made and the assessment of property within the boundaries of the proposed district. H:\PP\CADl FORM.JSM 1 Page 6 of 10 The Secretary of the Board of Supervisors is hereby directed to transmit a certified copy of this resolution with the Resolution of Intention attached, and a certified copy of the map showing the boundaries of the district, to the County Clerk of the County of Contra Costa . PASSED AND ADOPTED this 23rd day of January, 1997, by the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Mario M. Menesini President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: Joyce E. Murphy Secretary, Central Contra Costa Sanitary District, County of Contra Costa, State of California APPROVED AS TO FORM: Kenton L. Aim, District Counsel H:\PP\CADl FORM.JSM 2 Page 7 of 10 EXHIBIT A RESOLUTION NO. 96-148 RESOLUTION OF INTENTION TO ORDER A DEMONSTRATION PROJECT FOR IMPROVEMENT IN GARY WAY CONTRACTUAL ASSESSMENT DISTRICT (C.A.D. NO.1) WHEREAS the public health will be best protected by the elimination of failing septic tanks located within the District boundaries; and WHEREAS the construction and installation of a sanitary sewer pipeline, together with appurtenant work and facilities, in areas not presently connected to the sewer system will facilitate the elimination of failing septic tanks; and WHEREAS a demonstration project designed to facilitate said elimination of failing septic tanks is presently being considered; and WHEREAS it would be convenient and advantageous to establish a boundary around an area within which the District and property owners may enter into contractual assessments and make arrangements to finance public improvements to parcels which are developed and where the costs and time delays involved in creating an assessment district pursuant to alternative provisions in the law would be prohibitively large relative to the cost of the improvement. H:\JA Y\RESOLCAD.WPD 1 Page 8 of 10 THEREFORE, the Board of Directors of the Central Contra Costa Sanitary District resolves: 1 . This Board intends to order the following improvement under the authority of the Municipal Improvement Act of 1911, to wit: Construction and installation of approximately SOD-linear feet of sanitary sewer line, together with appurtenant work and facilities located at Gary Way in Alamo, California. 2. This Board finds that the land specially benefitted by the improvement is shown within the boundaries of the map entitled, "Proposed Boundaries of Gary Way Contractual Assessment District (C.A.D. No.1)." 3. This Board intends to levy a special assessment upon the land within the described district in accordance with the special benefit to be received by each parcel of land, respectively, from the improvement. There shall be omitted from special assessment all public streets, alleys, and places and all land belonging to the United States, the State of California, the County of Contra Costa, and this District now in use in the performance of a public function. 4. Where any disparity occurs between the improvement and the effect on the improvement on private property, this Board determines that it is in the public interest and more economical to eliminate the disparity by doing work H:\JA Y\RESOLCAOWPO 2 Page 9 of 10 on the private property, instead of adjusting the work on public property. Accordingly, work may be done on private property for this purpose with the written consent of the landowner. 5. This District will finance the improvements from the Sewer Construction Fund. This District will finance unpaid assessments over a maximum period of ten (10) years with interest at a rate to be fixed by the District. 6. The procedure for the collection of assessm~nts will be the placement of assessments on property owner's tax bills. The first assessments will be placed on owner's tax bills in fiscal year 1997 - 98. 7. This Board appoints Jay McCoy, Infrastructure Division Manager, as Engineer of Work for this project, and directs the preparation of the report required by Section 5989.22 of the Streets and Highways Code. 8. The amount of any surplus remaining in the improvement fund after completion of the improvement and payment of all claims shall be distributed in accordance with the provisions of Section 10427 of the Streets and Highways Code. 9. A public hearing shall be held on this matter within ninety (90) days of the adoption of this resolution. Notice of said hearing will be given at least twenty (20) days prior to the hearing. H :\JA Y\RESOLCAD. WPD 3 Page 10 of 10 PASSED AND ADOPTED this 17th day of October, 1996, by the Board of Directors of the Central Contra Costa Sanitary District by the following votes: AYES: Members: Boneysteele, Hockett, Rainey, ~lenesini NOES: Members: None ABSENT: Members: Da Hon ~cvit; # Mario M. Menesini President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: ~cLt.~ Jo c Murphy Se tary, Central Contra Costa Sanitary District, County of Contra Costa, State of California APPROVED AS TO FORM: t:::i~ Kenton L. Aim, District Counsel H:\JAY\RESOLCAD.WPD 4 ~ l.,entral Contra Costa Sanitary District BOARD OF DIRECTORS Page 1 of 1 BOARD MEETING OF January 23, 1997 NO. 3. CONSENT CALENDAR n. DATE TYPE OF ACTION January 13, 1997 AUTHORIZE ATTENDANCE SUBJECT AUTHORIZE ATTENDANCE OF WilLIAM V. CLEMENT, ENGINEERING SUPPORT SUPERVISOR, AT A SEVEN-DAY INFORMIX TRAINING PROGRAM IN BRISBANE, CALIFORNIA, AT A COST OF $2,700 SUBMITTED BY William E. Brennan, Plant Engineering Division Manager INITIATING DEPTIDIV Engineering Department/Plant Engineering Division ISSUE: Approval of the Board of Directors is required for unbudgeted training if the expense will exceed $500. BACKGROUND: Bill Clement, Engineering Support Supervisor, and his staff is responsible for designing and creating the special purpose maps used by all District Departments. The District's more complex maps are now efficiently being produced using Geographic Information System (GIS) technology, which is the standard among local public agencies. GIS is a technology that allows the integration of the District's digital data sets such as: the AM/CADD system, CSO Sewer Maintenance Management System and the HTE Land Management database (which includes assessor parcel data such as owner, zoning, land use, etc.) with the District's digital collection system maps to produce advanced maps and analyze complex data. The AM/CADD system software that allows these maps to be created is the INFORMIX database software, a relational database that uses a structured language to extract useful information from large databases. The seven-day technical training program includes INFORMIX courses Relational Database Design, 3 days; Structured Query Language, 2 days; and Forms and Reports using INFORM IX, 2 days. These classes will allow Mr. Clement to create the maps more efficiently; to provide the needed training to make use of the District's databases for data analysis and map creation; and to allow him to train the appropriate staff on this technology. The District has received a credit of $3,750 for several AM/CADD system related courses that were funded in Fiscal Year 1995-96, but found not to be directly related to the District's complex databased system operation. This credit will be used to fund these INFORMIX courses that were not specifically funded in Fiscal Year 1996-97. There are adequate funds available in the Plant Engineering Division, Training, Meetings, and Conferences budget to pay for this intensive training. RECOMMENDATION: Authorize the attendance of Bill Clement, Engineering Support Supervisor, at the INFORMIX courses, February 24-28 and March 6-7, 1997, in Brisbane, California, at a total cost not to exceed $2,700. REVIEWED AND RECOMMENDED FOR BOARD AC710N ~ INITIATING DEPARTMENTIDIVISION PED\L:\PP\NFORMIX.WVC 9/16/96 ~u Central Contra Costa Sanitary District BOARD OF DIRECTORS :::::.:"::::::::.:::::::::;::::13:::':::::::::'.:':':::;:':'::::1':':.::::::::::;::::":':':::(:'::::::'.":::::'::Ii:'/::\::S':';:::::::I':'::::::-II::::::::::::::: BJOaARnDuMaEETry'NG203F, 1997 :.:.: ':':':':'. .. : " '.:.: ':':", .. . ':'. .:.:.: .;.:.:.;...... :.:.:.:.: ..... :':', :.:.:.:.:.;.:.: ::~:~:::::~:~:~:~:~:~:::::::::::~:~:::::::::::~:::f~:::::~:~:::::~:~:::::::::::~:::::~:~:;:::::~:;:;:::::!:~:~:~:::::!:~:~:~:::::::::~:;:;:~:::::::::::::::::::~:!:~:::::~:~:f~:~:~: Page 1 of 1 NO. 3. CONSENT CALENDAR o. DATE January 17, 1997 TYPE OF ACTION AUTHORIZE CONFERENCE ATTENDANCE SUBJECT AUTHORIZE THE ATTENDANCE OF DOUGLAS CRAIG, PLANNING DIVISION MANAGER, AT THE 1997 ASSOCIATION OF METROPOLITAN SEWERAGE AGENCIES (AM SA) WINTER CONFERENCE ON FEBRUARY 4 - 7, 1997, IN ORLANDO, FLORIDA SUBMITTED BY Douglas J. Craig INITIATING DEPTIDIV Engineering/Planning ISSUE: Approval by the Board of Directors is required for unbudgeted travel outside of California. BACKGROUND: AMSA'S 1997 Winter Conference is in Orlando, Florida, on February 4 - 7, 1997. The 1997 conference, "Evaluating Privatization II: Reinventing Clean Water Services in a Competitive Environment" will consist of presentations on reengineering, managed competition, cooperative agreements, achieving peak performance and benchmarking studies. Roger Dolan had planned to attend the conference but will be unable to do. Instead, Doug Craig, Planning Division Manager is proposed to attend. Mr. Craig's attendance at this conference was not included in the Planning Division budget, however, adequate funds are available since Mr. Dolan will not attend. RECOMMENDATIONS: Authorize the attendance of Douglas Craig, Planning Division Manager, at the February 4 - 7,1997, AMSA Winter Conference in Orlando, Florida. INITIATING DEPARTMENTIDIVISlON o/'~();fC REVIEWED AND RECOMMENDED FOR BOARD ACTION ~ DJC RAB 9/16/96 ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS Page 1 of 9 :OliiIIIIIIIOOliOllOlliiliiiiii:l: BOARD MEETlNG OF January 23, 1997 NOo 6. ENGINEERING a. DATE January 1 7, 1 997 TYPE OF ACTION EXECUTE CONTRACT SUBJECT CONTRACT BElWEEN CENTRAL CONTRA COSTA SANITARY DISTRICT, DELTA DIABLO SANITATION DISTRICT, WEST COUNTY WASTEWATER DISTRICT, AND THE CONTRA COSTA CLEAN WATER PROGRAM TO IMPLEMENT A PILOT ILLICIT DISCHARGE ELIMINATION PROGRAM SUBMITTED BY Barton L. Brandenburg, Source Control Superintendent INITIATING DEPTIDIV Engineering Dept.lPlant Engineering Div. ISSUE: Board authorization is needed before the General Manager-Chief Engineer can execute a contract between the Contra Costa Clean Water Program and Central Contra Costa Sanitary District. BACKGROUND: The Contra Costa Clean Water Program plans to have the Central Contra Costa Sanitary District, Delta Diablo Sanitation District, and West County Wastewater District conduct inspections for the pilot Illicit Discharge Elimination Program (IDEP). Twelve municipalities in Contra Costa County have agreed to participate in the IDEP. Nine of the 10 cities served by the District are participating with the only exception being Danville. The county-wide, budgeted, annual expense is $240,000 with the District's portion being $190,000. This expense will be reimbursed by the cities contracting for service. The cities are funding the inspections through the stormwater parcel tax. When the contract is approved, staff plans to recruit a Source Control Inspector position which will be funded by the program. This position was approved in the 1996-97 Personnel Budget contingent upon the successful completion of negotiations with the Contra Costa Clean Water Program. The Board was first briefed on the IDEP inspection contract negotiations in December 1 995 and again in October 1996. Staff briefed the Board on principles of agreement and draft contract documents which had been prepared at that time. Although negotiations have been protracted because of the number of parties involved, staff believes the effort has been worth while because coordination of stormwater and sanitary agency programs is the best mechanism to work with local businesses to prevent stormwater pollution. To the best of our knowledge no other sanitary agencies in the Bay Area have been successful in negotiating a contract to coordinate with a large number of municipalities in implementing stormwater program inspections. The contract has now been finalized and is attached. Staff and counsel have reviewed this contract and find that it is acceptable. RECOMMENDAllON: Review the agreement for inspection activities and authorize the General Manager- Chief Engineer to execute the contract. ~ A/ID RECOMME/IDED FOR BOARD AC110N Bl.B Mt3 WEB M~ RAB K/fJ- INITIATING DEPARTMENTIDIVISlON KLA PED-GL\C:\SOURCE\BART\CLEANH20oPP 9/16/96 Page 2 of 9 AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT, THE DELTA DIABLO SANITATION DISTRICT AND THE WEST COUNTY WASTEWATER DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM This Agreement is made this day of , 1997, by and among the Contra Costa County Flood Control and Water Conservation District (District) and the following three sanitation agencies (Agencies): Central Contra Costa Sanitary District (CCCSD); Delta Diablo Sanitation District (DDSD); and, West County Wastewater District (WCWD). RECITALS WHEREAS, the County of Contra Costa, the District and seventeen cities in the County of Contra Costa joined to form the Contra Costa Cities/County/District Stormwater Pollution Control Program, also known as the Contra Costa Clean Water Program (the Program); and WHEREAS, the members of the Program jointly applied for and were jointly issued NPDES Stormwater Permit Nos. CA 0029912 and CA 0083313; and WHEREAS, an enforceable component of the NPDES permits is the document entitled "A Stormwater Management Plan for the Contra Costa Cities/County/District Stormwater Pollution Control Program" dated May 1, 1993 (the Plan); and WHEREAS, the Plan contains as one of its components the prevention of pollution through illicit discharge identification and elimination; and WHEREAS, the Agencies wish to provide services for the Illicit Discharge Elimination Program (IDEP), which is currently being developed by the Program, as part of the implementation of the Plan; and WHEREAS, the Plan has identified long-term IDEP goals of eliminating illegal dumping into municipal storm drain systems and creeks, inspection of municipal storm drain systems to locate and eliminate illicit discharges from commercial and industrial facilities and residences, and inspection of commercial and industrial facilities to eliminate illicit connections and discharge resulting from illegal processes, activities or housekeeping practices; and . Inspection Agreement, Final Version, December 24, 1996, Page 1 Page 3 of 9 WHEREAS, the Agencies and the District undertake this Agreement in the spirit that the public good is best served by modifying the Agencies' existing pretreatment programs to encompass a stormwater illicit discharge elimination program, rather than establishing new, unique inspection programs to effect the goals of this Agreement; and WHEREAS, twelve (12) of the Cities, namely, Clayton, Concord, EI Cerrito, Lafayette, Martinez, Moraga, Orinda, Pinole, Pittsburg, Pleasant Hill, San Ramon and Walnut Creek (Participating Municipalities), have by contract authorized the District to enter into and perform the terms of this Agreement on behalf of the Participating Municipalities. NOW, THEREFORE, the parties to this Agreement agree as follows: 1. Term. The term of this Agreement shall be from the date all four (4) parties have executed this Agreement until June 30, 1998. The parties shall negotiate renewal of the Agreement beginning six (6) months prior to the expiration of the Agreement. 2. Termination. Any of the three (3) Agencies may terminate its obligations under this Agreement, in its sole discretion, by giving all other parties, including the District and Participating Municipalities, at least six (6) months written notice. District may terminate this Agreement, in its sole discretion, upon giving the Agencies and Participating Municipalities at least six (6) months written notice. 3. Modification. This Agreement may be modified by written agreement of the parties. Participating Municipalities shall be notified of any written modification to the Agreement. 4. Responsibilities of the Agencies. The Agencies have the following collective responsibilities under this Agreement within their respective service areas, including areas served pursuant to contract: (a) To implement the IDEP, subject to the direction of the District, and to bill the costs of the I DEP to the District. (b) To perform scheduled and other inspections and investigations of commer9ial and industrial facilities and residences to determine compliance with federal, state and local laws and regulations related to stormwater discharge. Inspections may have an educational component, as directed by District. The locations and frequency of such inspections, investigations and educational effort shall be at the direction of the District, but inspections, investigations and educational effort shall take place during the Agencies' normal working hours, as described in Appendix "A." (c) To prepare inspection and investigation reports. Inspection Agreement, Final Version, December 24, 1996, Page 2 Page 4 of 9 (d) To issue Notices of Violation, Warning Notices and Compliance Orders on behalf of the Participating Municipalities where violations and potentia'. violations occur, all to the extent authority to issue such Notices and Orders has been lawfully delegated by the Participating Municipalities to the Agencies, in connection with inspections and investigations. The Agencies, at the direction of the Participating Municipalities, shall also refer violations and potential violations to appropriate enforcing entities, such as the District Attorney. (e) To levy fines on behalf of the Participating Municipalities where violations occur, to the extent authority to levy fines is lawfully delegated by the Participating Municipalities to the Agencies. (f) To keep records regarding inspections and investigations accomplished. (g) To train, supervise and manage staff of the Agencies necessary to implement the IDEP. (h) To provide advice and comments to the District regarding the District's preparation of educational material for distribution to commercial and industrial facilities and the public. The Agencies shall also provide advice and comments to the District regarding the development of a Clean Business Program, as requested by the District. (i) To provide comments to the District regarding ordinances necessary to implement the IDEP. 0) To purchase, operate and maintain all equipment necessary to implement the IDEP, at the cost of the District. (k) To provide quarterly JDEP activity reports to the District. (I) To utilize reasonable efforts to assure the IDEP is uniformly implemented by the Agencies. 5. Responsibilities of the District. (a) To recommend the Participating Municipalities to draft and to adopt such ordinances and laws as are necessary to effectuate the IDEP, including delegation of necessary authority to the Agencies. (b) To authorize and prioritize inspections and investigations, with direction from the Participating Municipalities and Agencies. Inspection Agreement, Final Version, December 24, 1996, Page 3 Page 5 of 9 (c) To provide timely input on the scope of the following fiscal year IDEP during budget discussions, and timely approval of the Agencies' fiscal year I[)EP budgets. (d) To cause the appropriate Participating Municipality to initiate actions against Program and IDEP violators except to the extent enforcement has been initiated on behalf of Participating Municipalities by the Agencies, pursuant to lawfully delegated authority. (e) To provide educational materials for distribution to commercial and industrial facilities and the public. (f) To provide comments to the Agencies regarding the formats of inspection and investigation reports. (g) To adopt and administer a permitting program, if any. (h ) To make timely payments to the Agencies pursuant to billings for I D EP costs. (i) To perform other responsibilities as agreed to in writing between the District and the Agencies. G) To timely notify Participating Municipalities of Issues affecting Participating Municipalities through the Program. (k) To provide quarterly IDEP activity and budget summary reports to Participating Municipalities through the Program. 6. Communications between District and the Agencies. The Agencies will designate an IDEP Facilitator and alternate, subject to the approval of such Facilitator and alternate by District. The purpose of this designation is to facilitate communication between District and the Agencies. The Agencies shall direct such matters as complaints, claims, legal challenges, and other disputes regarding the IDEP to the IDEP Facilitator, for transferral to District for handling and resolution. 7. Financial. The Agencies shall be reimbursed by the District for all costs related to the IDEP. These costs include, but are not necessarily limited to, labor, benefits, overhead, supplies, equipment, vehicle, laboratory, consultant, legal and insurance costs. The Agencies shall promptly notify the District if the Agencies believe that legal costs will be incurred in connection with the IDEP so that the District may arrange with the involved Participating Municipality(ies) to provide pertinent legal services on behalf of Agencies, if the Participating Municipality(ies) so chooses. Inspection Agreement, Final Version, December 24, 1996, Page 4 Page 6 of 9 (a) Each of the Agencies will prepare invoices for costs related to the IDEP and submit such invoices to the District no more frequently than monthly and no less frequently than quarterly. District will pay such invoices within forty-five (45) days of receipt. (b) The labor costs shall be itemized at base cost per individual for time spent plus an overhead multiplier for benefits, administrative overhead, supplies, equipment and insurance. The overhead multipliers are set forth in Appendix A, attached hereto and incorporated herein. (c) To the extent practicable, all invoices submitted shall be itemized to allocate costs to the Participating Municipality for which IDEP services were performed. (d) To further cost efficiency, time spent by staff of the Agencies at meetings relative to the IDEP will be minimized to the extent practicable. Laboratory services will be similarly minimized. (e) Prior to the beginning of each fiscal year, District shall approve an IDEP budget, including individuallDEP budgets for each of the Agencies. The District shall have the Participating Municipalities review and approve the IDEP budget through the Program. Discussions for the annual budget shall begin in January prior to the fiscal year in question. The Agencies shall not exceed their approved written IDEP budgets, absent written consent of Participating Municipality through the District. 8. Insurance. During the term of this Agreement, the Agencies shall carry Workers' Compensation and Employers' Liability insurance as required by law, and General Liability and Automobile Liability insurance in the amount of at least one million dollars ($1,000,000) per occurrence. If one or more of the Agencies are self insured, written notification of this circumstance shall be made to the other parties within thirty (30) days after the execution of this Agreement. 9. Indemnification. District shall indemnify, defend and hold harmless the Agencies and each of them and their officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities, and expenses arising out of or related to the Agencies' collective and individual performance in this Agreement. This indemnification shall not extend to any Agency whose active negligence, willful misconduct or vehicle accident has resulted in such suits, actions, proceedings, claims, demands, damages, liabilities or expenses, nor to any Agency whose active negligence, willful misconduct or vehicle accident has resulted in Regional Water Quality Control Board fines, penalties or proceedings. Inspection Agreement, Final Version, December 24, 1996, Page 5 Page 7 of 9 Each Agency shall indemnify, defend and hold harmless the District and each Participating Municipality, and their respective officers, directors, agents; and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses arising out of or related to such Agency's active negligence, willful misconduct or vehicle accident in connection with such Agency's performance of this Agreement. District shall obtain individual indemnification agreements from each Participating Municipality in the IDEP Program, which shall specify that said Participating Municipality shall indemnify the District and Agencies. The indemnification shall read "CITY (Participating Municipality) shall for its jurisdictional area, indemnify, defend and hold harmless the (Flood Control) DISTRICT and AGENCIES, and each of them, and their respective officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses arising out of or related to the CITY's, DISTRICT's and AGENCIES' collective and individual performance in this Agreement except for the DISTRICT's and AGENCIES' active negligence, willful misconduct or vehicle accident." 10. Notices. Notices required or permitted under this Agreement shall be in writing and made as follows: If to District, to: If to the Agencies collectively, to: If to CCCSD, to: If to DDSD, to: If to WCWD, to: Inspection Agreement, Final Version, December 24, 1996, Page 6 Page 8 of 9 11. Arbitration. In the event of a dispute arising under this Agreement, the parties may submit such dispute to non-binding arbitration. In the event the parties cannot agree to an arbitrator within thirty (30) days after a party requests arbitration by written notice to the other parties, the arbitrator may be selected by petition of any party to the Superior Court of the County of Contra Costa. IN WITNESS WHEREOF, the parties have executed this Agreement as follows: Dated: CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT By: Its: Dated: CENTRAL CONTRA COSTA SANITARY DISTRICT By: Its: Dated: DELTA DIABLO SANITATION DISTRICT By: Its: Dated: WEST COUNTY WASTEWATER DISTRICT By: Its: Inspection Agreement, Final Version, December 24, 1996, Page 7 Page 9 of 9 APPENDIX A AGENCY OVERHEAD MULTIPLIER AND NORMAL WORKING HOURS Overhead Multiplier Normal Working Hours* Central Contra Costa Sanitary District 2.19 7:30 a.m.-4:00 p.m. Delta Diablo Sanitation District 2.29 7:30 a.m.-4:00 p.m. West County Wastewater District 2.10 7:00 a.m.-3:30 p.m. *Monday through Friday, excluding holidays Inspection Agreement, Final Version, December 24, 1996, Page 9 ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS ............................................................................................. :ilii.IIIIIII....iilllll:.~I..::.I.I. BOARD MErn]:~~ary 23, 1997 Page 1 of 3 NO. 7. HUMAN RESOURCES a. DATE TYPE OF ACTION January 15, 1997 PERSONNEL SUBJECT DIRECT STAFF TO SECURE THE SERVICES OF AN ARBITRATOR IN ACCORDANCE WITH THE APPROPRIATE APPEAL PROCEDURES CONCERNING THE APPLICATION OF FAMILY AND MEDICAL LEAVE. SUBMITTED BY Paul Morsen, Deputy General Manager INITIATING DEPT/DIV Administrative/Human Resources ISSUE: In accordance with the Memorandum of Understanding (M.O.U.) between the District and the Central Contra Costa Sanitary District Employees' Association, Public Employees Union, Local No. One, the Board of Directors shall employ an arbitrator to render a recommendation when matters are appealed at the board level. BACKGROUND: The Union has filed a grievance asserting a violation of Article IV, Section 4.14 of the Memorandum of Understanding regarding Family and Medical Leave. Section 4.14 provides as follows: 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 a leave of absence without pay for the purposes of family or medical leave. The Union argues under the above provision, use of sick leave is in addition to family-medical leave, not part of the family-medical leave. The Union's interpretation would extend a District employee's leave entitlement beyond the maximum 12 weeks allowed by family-medical leave laws. The Union and staff met on December 18, 1996 in an effort to resolve this issue. In a memorandum dated December 19, 1996, Unit President Paul Kelly requested arbitration on behalf of the Union in this matter. In matters that are appealed to the Board of Directors, the M.O.U. reads as follows: A. "An employee...may appeal the Hearing Officer's decision by appealing to the Board via filing a written request for hearing with the Secretary of the District within ten (1 0) working days of receipt of the Hearing Officer's decision. The Secretary shall calendar the matter at the next regularly scheduled Board Meeting in keeping with established guidelines for calendaring an agenda item." B. "The Board shall employ a neutral third party to hear the appeal and to recommend action to the Board." C. "The Board may adopt, reject, or modify the recommendation of the Board-appointed neutral third party. The decision of the Board is the final action of the District." RECOMMENDATION: Authorize staff to secure the services of an arbitrator in accordance with the appeal procedures for the District's Family and Medical Leave. C :\FILES\PERS MISC\FMLA. PP 9/16/96 Page 2 of 3 DECEMBER 19,1996 RECEIVED DEe 231996 CCCSo "-...., .. -.-'. TO: PAUL MORSEN, DEPUTY GENERAL MANAGER FROM: PAUL KELL Y, UNIT PRESIDENT RE: FMLA ARBITRATION Please be advised that after careful consideration, we have decided to refer this matter of FMLA, as it pertains to our recent meeting of December 18, 1996, to binding arbitration. We are somewhat disappointed in the fact that this matter couldn't be resolved at our recent discussion. PK:omm cc: Henry Clarke Jim Calvarese Rich Boylan Mark Benson Bill McEachen Page 3 of 3 Central Contra Costa Sanitary District FAX: (510) 676-7211 ROGERJ. DOUN GeMral Manager Chief Engineer December 23, 1996 KENTON L AIM Counsellor 1M District (510) 938.1430 JOYCE E. MURPHY &cretary 01 the District Paul Kelly, Unit President Public Employees' Union, Local One c/o Central Contra Costa Sanitary District 1250 Spring brook Road Walnut Creek, CA 94596 Dear Mr. Kelly: I received your memorandum dated December 19, 1996, where you asked for binding arbitration in the FMLA matter. Please be advised thClt the Memorandum of Understanding allows for advisory arbitration. As stated in Article'lII, Section 2.5, Grievance Procedure, "The Board may adopt, reject, or modify the recommendation of the appointed neutral third party. The decision of the Board is the final action of the District." I presume advisory arbitration is what you are requesting. Accordingly, this matter has been referred to the Secretary of the District for calendering at the next available Board Meeting. Staff will be asking the Board of Directors to authorize the selection of an arbitrator to provide advisory arbitration in this matter. Sincerely, IL~ Paul Morsen Deputy General Manager PM:jrr cc: H. Clarke J. Calvarese R. Boylan M. Benson B. McEachen J. Murphy (with attachment) C:IFILESILETTERSIPKELL Y.L TR @ Recycled Paper ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS ............................................................................................ :::::..is.j.'I::::::.:~j(:~.t;'i!.tt::t: BOARD MEETING OF ~II1.B!~~~!~~~~I.,~lt~118~.!i~~&.II~t January 23, 1997 Page 1 of 4 NO. 7. HUMAN RESOURCES b. DATE TYPE OF ACTION January 16, 1997 HUMAN RESOURCES SUBJECT MAKE CERTAIN ORGANIZATIONAL CHANGES WITHIN THE PLANT OPERATIONS DEPARTMENT MAINTENANCE DIVISION FOR MAlNSA VER IMPLEMENTATION; PROVISIONALLY APPOINT DALE OHDA AS "MAINSAVER COORDINATOR" AND APPOINT WAYNE MINER AS PROVISIONAL PLANT MAINTENANCE SUPERINTENDENT SUBMITTED BY Charles W. Batts, Jr., Plant Operations Dept. INITIATING DEPT /OIV Plant Operations Department ISSUE: Board authorization is requested for organizational changes and temporary appointments. BACKGROUND: The Plant Operations Department Maintenance Division is implementing a new "Mainsaver" computerized maintenance management system (CMMS), replacing an older unsupported system, to improve the efficiency and productivity of the overall maintenance operation. The CMMS program will automate preventive maintenance schedules, provide work order control and scheduling, track costs and equipment history, and allow for job planning and inventory management. In a recent assessment by a consultant, their experience was that the new CMMS could increase maintenance productivity up to fifteen percent. A modern well-supported CMMS has the capability of reporting maintenance costs and labor use, improving communications, monitoring productivity and downtime, and assisting in the management of the maintenance function. The first phase of this project, the field equipment survey and data collection, is almost complete with data collected for over 3,000 pieces of equipment. The next phase is to enter the data and classify equipment by process, geographic location, or function. From this data base, the basic elements of the program, the work order module can be utilized to manage the flow of maintenance productivity and effectiveness. Diligent execution of these implementation activities is essential for the long- term effectiveness of the CMMS program. The Plant Maintenance Superintendent, Mr. Dale Ohda, has been instrumental in the selection, installation, and startup of this CMMS system. He has attended User Group meetings and visited facilities that now use the "Mainsaver" CMMS; he was part of the 13 member Mainsaver CMMS Implementation Team, which developed the plan for managing the startup of the new "Mainsaver" CMMS system. Mr. Ohda has agreed to accept a temporary assignment to implement the new maintenance management computer program as recommended by the Implementation Team in its final report: "To ensure successful implementation of this new CMMS, we recommend the following actions be taken. Designate one person to be responsible for the overall coordination, facilitation, and implementation of this program (System Champion). This committee believes such a responsibility should be placed at the Maintenance Superintendent level or higher." A:\CMMS.PP 9/16/96 111111...:11.11:1:1:.1111.1.:1.1....11.1::111111:,:1:,:.:.1.11 DATE January 16, 1997 1 Page 2 of 4 SUBJECT MAKE CERTAIN ORGANIZATIONAL CHANGES WITHIN THE PlANT OPERATIONS DEPARTMENT MAINTENANCE DIVISION FOR MAlNSA VER IMPLEMENTATION; PROVISIONALLY APPOINT DALE OHDA AS "MAINSA VER COORDINATOR" AND APPOINT WAYNE MINER AS PROVISIONAL PLANT MAINTENANCE SUPERINTENDENT Preparations have been under way for the implementation of this system, but it is evident that a "System Champion" is necessary for the coordination of the system startup and interfaces, employee training for everyday use, and report generation. To establish such a position within the Plant Maintenance Division, the Board is requested to authorize the temporary position of "Mainsaver Coordinator," for a period of up to one year and to fill this temporary position with the present Plant Maintenance Superintendent, Mr. Ohda. Both Mr. Ohda and his employee representative group have agreed to this proposal, and the extension of the provisional appointment for up to one year. (See attached memorandum.) The salary range of the temporary position will remain at the same rate as his present position. During this period, the normal duties of the Plant Maintenance Superintendent will be handled by the present Machine Shop Supervisor, Mr. Wayne Miner. Mr. Miner will be temporarily appointed to this position for the six months to one year that it will take to get the new CMMS through startup to routine operation. There is no request for additional staff in the Maintenance Division during this period, and the budget impacts of this action will be negligible. This request has been reviewed and endorsed by the Board's Personnel Committee. RECOMMENDATION: Authorize the following organizational changes in the Plant Operations Maintenance Division: . Creation of a temporary position of "Mainsaver Coordinator" (S77, $4751 - $5756) to oversee the implementation of the Mainsaver CMMS and the provisional appointment to this position of Mr. Dale Ohda for a period of up to one year. . Authorize the provisional appointment of Mr. Wayne Miner, Machine Shop Supervisor to the position of the vacant Plant Maintenance Superintendent position (S77, $4751 - $5756) for a period of up to one year. Page 3 of 4 Central Contra Costa Sanitary District January 7, 1997 FROM: PAUL MORSEN r \ ~ CURTIS SWANSON. PRESIDENT\.. \tv MANAGEMENT SUPPORT/CONFIDENTIAL GROUP (MS/CG) TO: SUBJECT: PROPOSED TEMPORARY RECLASSIFICATION MAINTENANCE SUPERINTENDENT The District has proposed to temporarily reclassify Wayne Miner as Maintenance Superintendent in the Plant Operations Department. The temporary reclassification will last up to one year. This action will allow the current Superintendent, Dale Ohda, to devote time to implement the "Main Saver" preventative maintenance computer system. MS/CG and the District met and conferred about this proposal on December 16, 1996. In a follow-up telephone call on December 19, 1996, I advised you that MS/CG has no objections to the proposal as long as the salary and benefits of the two MS/CG employees are not adversely affected. H :\MSCG \RECLASS .MEM C\I '0 C\I t> a:'" I- C CJ) G,) o E"~ >-1::15 a: co- ~ C. CI) G,)g> ~ C "0.. CI) tn 5 ~ca.. CJ) 0"0 o ._ c::: o...ra <( co Q) II: ... (.) G,)C::: !z c.~ oo~ o ... "cu ~ C~ a:,!!! !za. w o -; a; :!! 's, ;; c ,....5 ~ ..... . (U en a: .~ c:i .:l! 1ii cn~ . 15.- " "fi M. r:: ~ i~(J) ~ o~ c en o o , 0 . 0 : ~~ 08: I ~.6 J:::: ~: :'i~cn~: : ::Eu : o 0 o 0 :_------_: 215 . C/'J.~ c "!: ~- .5: ~t; ::E ~cil ~ ::E <i E " 11. a; 0. " en ~ .. . H;: f ~z en N en a: <i g 11. lij .0 .c ~ ~ ~ jjj '" . .. 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