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HomeMy WebLinkAboutAGENDA BACKUP 02-06-97 ~ Page 1 of 2 BOARD MEETING OF February 6, 1997 NO. 3. CONSENT CALENDAR e. January 24, 1997 TYPE OF ACTION APPROVE QUITCLAIM OF SEWER EASEMENT DATE SUBJECT QUITCLAIM SEWER EASEMENT TO MacENGLE SENIOR SERVICES, INC., JOB 79, PLEASANT HILL AREA SUBMITTED BY Dennis Hall, Associate Engineer INIT1A TlNG DEPT,t)tV Engineering Department/infrastructure Division ISSUE: The owner of property identified as 157 Cleaveland Road, Pleasant Hill, has requested that the District quitclaim the subject easement. BACKGROUND: The subject easement was granted at no cost to the District in 1951. It was created to provide service to the parcel located to the east of the MacEngle property. This easterly property has since been developed as an apartment complex and is sewered by an on-site collection system. The subject easement is, therefore, no longer required and may be quitclaimed. The District's processing fee has been paid by the owner. Staff has concluded that this project (the proposed quitclaim) is exempt from the California Environmental Quality Act (CEQA) under District CEOA Guidelines Section 18.6, since it involves a minor alteration in land- use limitations. Board of Directors' approval of this quitclaim will constitute an independent finding that this project is exempt from CEOA. RECOMMENDATION: Approve Quitclaim Deed to MacEngle Senior Services, Inc., Job 79; authorize the A"esident of the District Board of Directors and the Secretary of the District to execute said Quitclaim Deed; and authorize the Quitclaim Deed to be recorded. INIT1ATlNG DEPARTMENTIDIVISlON ~ 1:fIJ/ H H:\PP\QUIT79.DH 8/6/96 I I ----1 ! i() ~ __-- '" ....... ---- ---- ::;~:;:;:;:;:;:;::::::::~~:~-:- - - - I /57 /59 QUITCLAIM SEWER EASEMENT Q <( o a: MAC ENGLE SENIOR SERVICES, INC. \ Q /6/ Z /7/ <( \ ...I w Tl > /8/ , <( /9/ C\J W ..... :..LJ ..... , ..J lJ 0 <:::l<:::l :1 ~O) f \D <:::l ...... ..... "- ..... WEST HOOKSTON ROAD QUITCLAIM SEWER EASEMENT JOB 79 PLEASANT Hill AREA ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS 11111I1_1!!!!ll..!I!I!I!l!I!I! BOARDMEE11F:;uary 6,1997 ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::;:;::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::~::::: Page 1 of 2 NO. 3. CONSENT CALENDAR f. January 29, 1997 TYPE OF ACTION EXECUTE CONSENT TO COMMON USE DATE SUBJECT EXECUTE CONSENT TO COMMON USE AGREEMENT WITH CONTRA COSTA COUNTY, JOB 1597, PARCEL 69, ALAMO AREA SUBMITTED BY Dennis Hall, Associate Engineer INITlATlNG DEPTIDIV Engineering Department/Infrastructure Division ~: Contra Costa County has requested that the District consent to the joint use of an exclusive Central Contra Costa Sanitary District sewer easement. BACKGROUND: The District's easement was granted in 1964 for the installation of an 8-inch public sewer main. The County recently acquired a 15-foot wide easement that overlaps the District's 1 D-foot wide exclusive easement. The new easement provides for an area 5 feet wide on the west side of the District easement where the County will install a County-maintained storm drainage system. The County's use of the District's easement will be limited to surface only, as no subsurface uses will be permitted. District Counsel has reviewed and approved the subject document. The Consent to Common Use protects and indemnifies the District from any and all claims, costs, liabilities, etc., related to the County's use of the area of common use. Staff has concluded that this project (the proposed Consent to Common Use) 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 Directors' approval of this Consent to Common Use will constitute an independent finding that this project is exempt from CECA. RECOMMENDATION: Approve and execute Consent to Common Use with Contra Costa County, Job 1597, Parcel 69, and authorize the Consent to Common Use to be recorded. A INITlATlNG DEPARTMENTIDIVlSlON fJlf/ jt/ll, Ms DH JSM RAB H:\PP\CONS 1597 .DH 9/16/96 ...;.......:....;..:. ...:..;..:.:..:.... ....,...... ......... :~ ~}::.. -:" ~;~~:; oz.'" . .;:', AREA OF CONSENT TO COMMON USE , ..... , ....... " " " " " " " ", -- ~~~~.!!~--- \ . :\"" (/):: \\~ ..(. .'.-:.~ (/) ....::.\~ .-\'.::" tn '::,.\ !:.H ---- ;. :'. '==' ---- - '. ::.\ _--- ---.\ --1 \\~ \ . :\4 \ '.\ ." > ii o > r "' ,. V .c. SAH SEW __ ER........ ------~- - -4- -\ (--==--~--- i?t -+\ \1 ~ PRop ++\~ ~SEO 36' STORM I 1 AIH. SEWER. I I 1- I I \~~ ~1:< I 1~ )> \ 1:Z 1::\ I \~ DETAIL 10' S.S.E. (EXCLUSIVE) 15' STORM DRAINAGE EASEMENT 10' NON-EXCL. SURFACE COMMON USE AREA CONSENT TO COMMON USE JOB 1597 PARCEL 69 ALAMO AREA ~ Central Contra Costa Sanitary District ~l...'~~ BOARD OF DIRECTORS Page 1 of5 l:iillllll:::::;:::::::..:.:::..:::~::;.;;.II.III:111111II BOARD MEETIF:;uary 6, 1997 NO. 3. CONSENT CALENDAR g. January 31, 1997 TYPE OF ACTION ADOPT RESOLUTION DATE SUBJECT ADOPT RESOLUTION MODIFYING THE TIMING FOR HOLDING A PUBUC HEARING FOR THE GARY WAY CONTRACTUAL ASSESSMENT DISTRICT NO.1, DISTRICT PROJECT NO. 5188 SUllMtTTED BY INITIATING DEPT IDIV Jay S. McCoy, Infrastructure Division Manager Engineering Department/Infrastructure Division ISSUE: The time period within which the District will hold a public hearing needs to be extended. BACKGROUND: On October 17, 1996, the Board of Directors adopted Resolution 96-148, which reflects actions related to the formation of the Gary Way Contractual Assessment District (C.A.D. No.1). One of the requirements in this resolution is to hold a public hearing on the formation of C.A.D. No.1 within 90 days of the adoption of the resolution. This 90-day period is not set by statute, but rather was recorrmended to ensure an expedited process. The 90 days elapsed on January 15, 1997, at which time the draft agreement between the District and the Gary Way property owners was being prepared. The draft agreement is still being finalized. The design of the sanitary sewer extension is still being prepared. A construction contract price must be established before the hearing is held. The initial 90-day period needs to be extended to provide time for the finalization of the agreement and the design. A revised resolution has been prepared that modifies the ninth resolve in Resolution 96-148, which now reads as follows: 9. A public hearing shall be held on this matter within one hundred twenty (120) days of the adoption of this resolution. Notice of said hearing will be given at least twenty (20) days prior to the hearing. All other requirements of the previous Resolution 96-148 remain the same. A copy of the proposed resolution is attached. The new 120-day period will end on May 7, 1997. RECOMMENDATION: Adopt a resolution which modifies the requirement to hold a public hearing on the Gary Way C.A.D. No. 1 within a time allowance. lOR /1l^C wmS H:\PP\READOPT .JSM 9/16/96 Page 2 of 5 RESOLUTION NO. 97- MODIFY RESOLUTION 96-148, A 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\RESCAD97 .WPD 1 Page 3 of 5 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\RESCAD97. WPD 2 Page 4 of 5 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 assessments 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 one hundred twenty (120) 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\RESCAD97 .WPD 3 Page 5 of 5 PASSED AND ADOPTED this 6th day of February, 1997, by the Board of Directors of the Central Contra Costa Sanitary District by the following votes: 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:\JA Y\RESCAD97. WPD 4 ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS :11::111..::::::111111:11 BOARDMEET~:~;uary 6,1997 Page 1 of 1 NO. 3. CONSENT CALENDAR i. DATE TYPE OF ACTION January 30, 1997 AUTHORIZE TRAINING ATTENDANCE SUBJECT AUTHORIZE THE ATTENDANCE OF EDY KEETON, NETWORK COORDINATOR, AT THE FEBRUARY 24-27, 1997, NORTEL X11 STATION MOVES, ADDS AND CHANGES COURSE IN LA PALMA, CALIFORNIA AT A COST OF $2,200. SUBM ITTED BY Debbie Ratcliff, Controller INITIATING DEPT AlIV MIS/Accounting, Administrative Department ISSUE: Approval of the Board of Directors is required for unbudgeted travel if the expense will exceed $500. BACKGROUND: Edy Keeton, Network Coordinator, has assumed responsibility for the maintenance of the District's phone system as of December, 1996. The District's phone system consists of over 250 telephone sets distributed throughout District facilities, two main phone switches (the primary switch is in Martinez, with a secondary switch in Walnut Creek), a switch management tracking system and the voice mail system. Phone locations and numbers continually change as do the features that people utilize. The system also requires regular maintenance programming for such items as new area codes and prefixes. Equipment routinely fails or other problems arise that require knowledge and expertise to troubleshoot and resolve. The suggested course is conducted by Nortel, the manufacturer of the District's telephone sets and switches. It covers the fundamental tasks necessary to maintain the system including programming specific features into the District's phone switches, assigning available terminal and directory numbers to new telephones, troubleshooting and resolving problems and moving, adding and deleting telephones. Participation in this training was not anticipated at the time the training budget was completed, but adequate funds are available in the Technical Training, Conferences and Meetings budget account due to a shifting of training priorities. RECOMMENDATIONS: Authorize the attendance of Edy Keeton, Network Coordinator for the MIS section, at the February 24-27 Nortel X11 Station Moves, Adds and Changes course in La Palma, California, at a cost of $2,200. DR INITIATING DEPARTMENTAlIVISION d H:\ WPDOCS\ST AFF\NETCOORD\NORTELPP. WPD 9/16/96 ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS :!['!III.llll~I.:IIIIIII:I'I!IIII.! BOARDMEETIj:~~ary ~~~~~~f 6, 1997 Page 1 of 3 NO. 5. ITEMS HELD OVER 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 sUBMmeo BY Paul Morsen, Deputy General Manager INITIATING DEPT /DfV 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 Califomia Famay 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 (10) 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 MtSC\FMLA. PP 9/16/96 Page 2 of 3 DECEMBER 19, 1996 RECEIVED DEe 2 31996 CCCSo ..-..... ... -'-" TO: PAUL MORSEN, DEPUTY GENERAL MANAGER FROM: PAUL KELLY, 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 Tim Calvarese Rich Boylan Mark Benson Bill McEachen Page 3 of 3 Central Contra Costa Sanitary District FAX: (510) 676-7211 ROGER J. DOLAN a_ral Manag6r Chi6fEngin66r KENTON L AIM Coll1tSdfor 1M District (5/0) 938-1430 December 23, 1996 JOYCE E. MURPHY &crd/Jry of 0.6 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 th~t the Memorandum of Understanding allows for advisory arbitration. As stated in Article" III, 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, It~ Paul Morsen Deputy General Manager PM:jrr cc: H. Clarke J. Calvarese R. Boylan M. Benson B. McEachen J. Murphy (with attachment) C:\FILES\LETTERS\PKELL Y"L TR @ Recycled Paper ~ {,antral Contra Costa Sanitary District BOARD OF DIRECTORS :III:IIIIIII.,II.:IIIII.II,III.I.!II' BOARD MEETI~;;uary 6, 1997 Page 1 of 2 NO. 7. ENGINEERING a. DATE TYPE OF ACTION February 3, 1997 SET PUBLIC HEARING SUBJ ECT ESTABLISH FEBRUARY 20,1997, AT 3 P.M. AS THE DATE AND TIME FOR A PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION OF NECESSITY FOR THE SOUTH ORINDA SEWER IMPROVEMENTS, DISTRICT PROJECT 4928 SUBMITTED BY Tad J. Pilecki, Senior Engineer INITIATING DEPTIDIV Engineering Dept./lnfrastructure Div. ISSUE: A public hearing must be conducted and a Resolution of Necessity must be adopted to initiate eminent domain proceedings for acquisition of public easements. BACKGROUND: The 1986 Collection System Master Plan identified numerous sewers with inadequate wet weather hydraulic capacity in the Orinda Area. Wet weather overflows occur frequently along the Moraga Way trunk sewer during the rainy season. Four wet weather overflows have occurred in the South Orinda area during the recent heavy rains. All of these will be addressed as part of the project. Overflows are of particular concern since the watershed drains into San Pablo Reservoir, a drinking water supply for East Bay Municipal Utility District. Some Orinda sewers also experience periodic dry weather overflows due to root and grease blockages and structural deficiencies (offset joints, damaged pipes, etc.). The majority of the collection system in the Orinda area is over forty years old and requires extensive maintenance to keep it functioning. The South Orinda Sewer Improvements Project will address many of these problems and has been the subject of several recent Board updates. District staff is in the process of completing the design for Phase 1 of the South Orinda Area which includes 8,000 linear feet of microtunneling in Moraga Way. To reduce the traffic impacts on Moraga Way, the pits for the microtunneling operations have been located on private property. District staff has been negotiating for permanent and temporary easements across 34 properties. To date, District staff has not been able to obtain property rights from nine owners. The project is scheduled to be bid in March of this year in order to take full advantage of the summer construction months and to reduce the potential for further overflows next winter. Due to the notification/time requirements associated with the eminent domain action, staff felt it prudent to initiate the process at this time for these nine properties. Staff will continue working with the nine property owners with the hope of reaching settlement before any legal action is necessary. Additional eminent domain action may be necessary to reconstruct the existing sewer in the Overhill Creek area. The property acquisition process for the Overhill Creek area is approximately one month behind the Moraga Way easements and therefore any eminent domain action at this time would be inappropriate. REVEWED A/ID RECOMMEJlDED FOR BOARD A COON INITIATING DEPy-F /'1kN f; r\ip ID-GL\C:\INFRA\PP\EMINENT.T JP 9/16/96 iiiiiiiili:i:iiiiii::"':Ii'I:::ppili_.:::::l:i::.::::':::::i~~I::~I:i::::::::~:i~'~::::.1 DATE February 3, 1997 :~:~:~:~;~:~;~:~;rg,*,Sl.:.:~rlrl,*,11!~:~:~:~:~.:.}}.mli:.:.::~::.:.::~:~:}~:~:~:~:ij] I Page 2 of 2 SUBJECT ESTABLISH FEBRUARY 20, 1997, AT 3 P.M. AS THE DATE AND TIME FOR A PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION OF NECESSITY FOR THE SOUTH ORINDA SEWER IMPROVEMENTS, DISTRICT PROJECT 4928 As required by law, staff has notified all affected property owners at least 15 days prior to the public hearing. Properties where access rights are acquired by the date of the public hearing will be dropped from further action. RECOMMENDA1l0N: Establish February 20, 1997, at 3 p.m. as the date and time for a public hearing to consider adoption of a Resolution of Necessity for the South Orinda Sewer Improvement, District Project 4928. ~ l;entral Contra Costa Sanitary District BOARD OF DIRECTORS Page 1 of 1 BOARD MEETING OF February 6, 1997 NO. 7. ENGINEERING b. DATE TYPE OF ACTION January 27, 1997 AUTHORIZE AGREEMENT AMENDMENT SUBJECT AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AMENDMENT FOR $24,000 TO THE NPG ENGINEERING AND CONSTRUCTION SERVICES AGREEMENT FOR WORK ON THE UV DISINFECTION FACILITIES PROJECT (DP 7100) SUBMITTED BY Munawar Husain, Associate Engineer INITIATING DEPTIDIV Engineering Department/Plant Engineering Division ISSUE: Authorization by the Board of Directors is required for the General Manager-Chief Engineer to execute an amendment to an existing professional services agreement when, over a period of time, small value amendments to the consultant agreement are issued, and a new amendment will make the cumulative total of the amendments exceed $50,000. BACKGROUND: A contract amendment is necessary to cover additional inspection services during construction work on the UV Disinfection Facilities Project (DP 7100). A contract was originally executed in July 1996 with NPG Engineering and Construction Services (NPG) to cover inspection on the UV project. This contract was for $20,000. Since the construction contractor has experienced delays in the completion of the contract work, the inspection services contract had to be extended as well. An amendment in the amount of $24,000 was issued to NPG in October 1996 to ensure on-going inspection coverage. A new amendment in the amount of $24,000 is necessary to NPG's contract at the present time. Testing and check out work is still on-going at the project site and inspection coverage is essential. Since the amount of the new contract amendment would result in a cumulative contract amount of $68,000, which is greater than $50,000, Board approval of the latest $24,000 contract amendment is necessary. Sufficient funds are available in the project contingency budget to cover the amendments. No additional Board funding is required. RECOMMENDATION: Authorize the General Manager-Chief Engineer to execute a Contract Amendment for work on the UV Disinfection Facilities Project in the amount of $24,000 to the existing NPG Engineering agreement for additional inspection services during construction. REVIEWED AND RECOIVIMENDED FOR BOARD ACTION JjJ. ~ Wf/3 fJJJJ INITIATING DEPARTMENT/DIVISION MH RSK WEB RAB L:\PP\7100AMND.MH 9/16/96 ~ Central Contra Costa Sanitary District ~ BOARD OF DIRECTORS Page 1 of 2 :::::iiMCi'II""':':""':':I"'...=.=(=ii::Xfl"'::::"":'."':::::::::ii::::::(( BOARD MEETING OF :::::m~icaQ :;:; :::; JilliM:;:;::EM ......::: .:.:.:.::Rr:::::::::: February 6, 1997 ?\:J~~~~t::::::::::f:::::::::f:i~\::~~t::~~~:::::::::::~~::::~~~~~::::i~\:::~m~\::~t~~::::::::~fr:::::::::::::::J~\:::J~it NO. 7. ENGINEERING c. DATE February 3, 1997 TYPE OF ACTION AUTHORIZE AN AGREEMENT SUBJECT AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH LAMB AND LAMB FOR $38,000 FOR CONSULTING SERVICES RELATED TO THE DISTRICT'S 1997 WORK REDESIGN PROGRAM SUBMITTED BY Douglas J. Craig, Planning Division Manager INITIATING DEPTiUlV Engineering/Planning ISSUE: Approval by the Board of Directors is required for professional consultant agreements above $25,000 that are funded from the Operations and Maintenance Budget. BACKGROUND: Central Contra Costa Sanitary District (CCCSD) began a 'Work Redesign" program in late 1 993 in response to changing business needs as well as the need to become more cost effective and efficient in providing District services. The Work Redesign Program at CCCSD has focused on finding new ways to refine and improve our work processes, both physical and procedural, while giving our employees greater involvement in how the District's work is accomplished. This program includes changing our culture to emphasize teamwork, flexibility, and responsiveness, to meet the District's new business challenges. During 1996, the transition continued in Work Redesign with a decreasing need for consultants (Lamb and Lamb) and increasing reliance on in-house resources. Approximately half of the District's employees have had direct involvement with one or more aspects of the Work Redesign Program. Employee teams have continued to analyze and optimize work processes and additional efforts have been directed towards changing the District culture to support the objectives of Work Redesign. The estimated cost savings in 1996 due to optimizing District work processes is $292,000. The total cumulative savings due to work redesign activities since inception of the program is estimated to be $798,000. Also, the Work Redesign Program has been a key component in the District's achievement of a flat operations and maintenance budget for the past five years. As the District moves toward self-sufficiency in the Work Redesign Program, it has become apparent that there are some necessary resources and capabilities that we do not have and that it would be most practical to procure from experienced professionals. It is proposed that we continue to use Lamb and Lamb to provide these specialized services where it is cost-effective and appropriate to do so. ~ AND RECOMMENDED FOR BOARD ACTION DJC A/'('/ irfY RAB 11:loI01!0!1!0:loo::o.IIIII:1111!ll!II.I!I!I!!!I!lol!!!10!!1!1 ~;bruary 3, 1997 I Page 2 of 2 SUBJECT AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH LAMB AND LAMB FOR $38,000 FOR CONSULTING SERVICES RELATED TO THE DISTRICT'S 1997 WORK REDESIGN PROGRAM Areas of focus for Lamb and Lamb in 1997 will include further conceptual program guidance, strategic planning oversight, additional coaching and training of the District's Facilitators, and assisting in developing and expanding the District's Work Redesign training needs so all employees become familiar with the Work Redesign skills. The proposed cost of providing these consulting services is $38,000. RECOMMENDATION: Authorize the General Manager-Chief Engineer to execute an agreement with Lamb and Lamb in the amount of $38,000 for the District's 1997 Work Redesign Program. ~ Page 1 of 18 BOARD MEETING OF February 6, 1997 NO. 8. HUMAN RESOURCES a. January 31, 1997 TYPE OF ACTION PERSONNEL DATE SUBJ ECT ADD THE STAFF/ASSISTANT ENGINEER CLASSIFICATION TO THE MS/CG AND ADOPT A RESOLUTION IMPLEMENTING THIS CHANGE. DENY THE PETITION OF THE PLANNING ASSISTANTS/ADMINISTRATIVE ANALYST TO CHANGE BARGAINING UNITS SUBMITTED BY Paul Morsen INITIATING DEPTIDIV Administrative/Human Resources .ISSUE: Adding a classification to the Management Support/Confidential Group (MS/CG) requires Board adoption of a resolution in accordance with the District Code, 4.24.030.4. BACKGROUND: In 1982, the Board of Directors established representation groups in accordance with the Meyers-Milias-Brown Act (MMB), Government Code Section 3507., which governs public sector bargaining matters, and established a portion of the District Code, Chapter Four, memorializing procedures for making changes to representative groups (see Attachment A). The representation groups were formed based upon the broadest internal and occupational community of interest, history of representation, and the effect of the units on the efficient operation of the District and sound employer/employee relations. The Board chose to make the Management Support/Confidential Group consist of employees in professional, supervisorial, and confidential classifications in accordance with definitions within MMB. All other classifications, except managers, were placed in the General employees bargaining unit. The District Code recognizes that over time, classifications and communities of interest change; it provides a means for groups of employees to petition to have their classifications moved from one bargaining unit to another. Such groups of employees are required to file their petitions during October of the last month of the contract. These petitions are to be initially considered by the Deputy General Manager and meet and confer sessions held regarding any issues not satisfactory to the employee bargaining groups. Where any of the parties contest the petitions, the matter is sent to the State Conciliation Service for mediation or recommendation for resolving the dispute. In October 1996, the Deputy General Manager received two petitions: one from a majority of the Staff/Assistant Engineers (Attachment B), and the other from the Planning Assistants/Administrative Analyst (Attachment C). Meet and Confer sessions were held and protests received from the Employees' Association, Public Employees' Union, Local One (Attachment D & E). As provided in Chapter 4.24.050.D, staff referred the matter to the State Mediation and Conciliation Service (Attachments F1 and F2). District Labor Counsel Dan Clinton assisted staff in obtaining the appointment of Ms. Micki Callahan, as the mediator. Ms. Callahan came to the District well-prepared on Friday, January 17, 1997, having read all of the background documents. She proceeded to meet with the representatives of the parties--Local One, H:\PP\MEDIA TRS.REC 9/16/96 DATE January 31, 1997 Page 2 of 18 SUBJECT ADD THE STAFF/ASSISTANT ENGINEER CLASSIFICATION TO THE MS/CG AND ADOPT A RESOLUTION IMPLEMENTING THIS CHANGE. DENY THE PETITION OF THE PLANNING ASSISTANTS/ADMINISTRATIVE ANALYST TO CHANGE BARGAINING UNITS MS/CG, 1he Staff/Assistant Engineers, 1he Planning Assistants, and District management staff--jointly and separately. As stated in Attachment G, Ms. Callahan found 1hat 1he classification of Staff/Assistant Engineers appears to meet 1he definition of "professional" employees in MMB. Professional employees are normally placed in a separate bargaining unit. The Staff/Assistant Engineers were found to have a community interest with 1he o1her professional Engineer classifications in the MS/CG. Accordingly, Ms. Callahan has recommended 1hat 1he petitioning engineers be moved to 1he MS/CG, effective May 1, 1997, at the end of the current M.O.U. Ms Callahan reached the opposite conclusion when she considered the classifications of Planning Assistant and Administrative Analyst. She said that those positions do not meet the definition of "professional" as defined by MMB (Attachment H). Therefore, their community of interest is not clearly greater with the MS/CG than with Local One. She emphasized 1hat while the incumbents in these positions are "professionals" in 1he general sense of the term; they would not be considered "professional" in accordance with the applicable statute. She has recommended that those classifications remain in the Employees' Association, Local No.1. The Board Personnel Committee was briefed on this issue at its January 9, 1997 meeting. RECOMMENDATION: (1) Consider the mediator's advisory recommendation by adopting the attached resolution including the Staff/Assistant Engineer classification in the MS/CG, (2) It is further recommended that the Board deny the petition of the Planning Assistants/Administrative Analyst to change bargaining units. Page 3 of 18 RESOLUTION NO. 97- A RESOLUTION MODIFYING THE REPRESENTATION UNIT FOR THE CLASSIFICATION STAFF/ASSISTANT ENGINEER FROM THE EMPLOYEES' ASSOCIATION TO THE MANAGEMENT SUPPORT/CONFIDENTIAL UNIT BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary District that the representation unit for the classification of Staff/Assistant Engineer be removed from the Central Contra Costa Sanitary District General Employee Representation Group and added to the Management Support/Confidential Representation Group; and BE IT FURTHER RESOLVED that the modification of representation unit for the classification of Staff/Assistant Engineer be effective May 1, 1997. PASSED AND ADOPTED this 6th day of February, 1997, 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, County of Contra Costa, State of California Approved as to Form: Kenton L. Aim District Counsel A TT ACHMENT A 4.24.050--4.24.060 Page 4 of 18 ,,- lection shall be conducted between the two choices receiv- 1 the largest number of ballots cast. 2. There shall be no more than one certification election a twelve-month period within the same represen- tation unit, ept as provided above for runoff elections. 3. An e. ee organization receiving a majority of the valid votes cast a representation election and has otherwise all the minim alifications as stated in para- graphs 1 through 6 of subsec B of this section, shall be certified by the Board of Direct as the certified employ- ee organization for the established esentation unit. D. A decision of the Board of Dire s dismissing a claim for certification by an employee organ tion shall be valid and effective for a period of one year. . 168 Sl(Exh. A(part)), 1989: Ord. 150 (part), 1982: code S4-705) 4.24.050 Modification of established representation unit. A. A petition for modification of a representation unit may be filed with the Deputy General Manager between October 1st and October 31st of the final year of a memoran- dum of understanding. A petition for modification of a rep- resentation unit may be filed by a group of employees in a representation unit. Such petitions must contain the signa- tures of fifty percent or more of the employees in a pro- posed representation unit. B. Such petition shall be based only upon substantial changes in District functions, organizational structure or job classifications. C. Such petition shall describe the proposed modified representation unit based upon the classes within the clas- sification plan of the District and shall set forth the rea- sons for the proposed modification. D. The Deputy General Manager, using the criteria set forth in this chapter, shall determine if the representation unit should be modified. Any action of the Deputy General Manager in determining if a representation unit should be modified may be contested by the employee organization(s) involved and may be subject to the meet and confer process and where that process fails, through State Conciliation Service per Section 3507.1 of the Meyers-Milias-Brown Act. (Ord. 168 SI(Exh. A(part)), 1989: Ord. 150 (part), 1982: prior code S4-706) 4.24.060 Decertification of employee organization. A. ecertification petition alleging that the incumbent cer- 1 0 ee organization no longer represents a majority the employ an established representation unit may be filed with the Depu al Manager after the incumbent organization has been recognize t least one full year. Such petition must be filed with the Dep eral Manager when the term of memorandum of understanding has an 42 (Contra Costa 8/89) A TT ACHMENT B RECEIVED Central Contra Costa Sanitary District OCT ~ 0 '1~~S cccso ADMI/l:lsrw.nOl;l Page 5 of 18 October 17.1996 FROM: PAUL MORSEN ~ DISTRICT STAFF/ASSISTAN~NGINEERS - ~R~NTKOWIAK' l\ CHARLES CA.. NEPA. TOM. CHENG. ELAINE JACOB WilLIAM MC~EAH N. MICH~~l P2' I~~. JOS I H~)~ROY. TIM ROSS NO JADE ~Ulfbl ~/Lutd 'Ik~ ~ (WE PETITION E~ ' ~HE DISTRICT'S STAFF/ SSISTANT ENGINEERS BE REMOVED FROM THE EMPLOYEES' ASSOCIATION PUBLIC EMPLOYEES' lOCAL ONE BARGAINING UNIT AND PLACED IN THE MANAGEMENT SUPPORT/CONFIDENTIAL BARGAINING GROUP (MS/CG) EFFECTIVE MAY 1. 1997. TO: SUBJECT: It is our understanding that we have the right as a group of employees in a representation unit to file a petition for modification of representation (District Code, 4.24.050.A). It is required by District Code that such a petition must have 50 percent or more support of the employees in a proposed representation group, in this case, 50 percent of the Staff/Assistant Engineers. We presently have concurrence of more than 50 percent of the Staff/Assistant Engineers. Our reasons for requesting this modification t6 the MS/CG bargaining unit to include Staff/Assistant Engineers is as follows: 1. Professional status: In Section 3507.3. Professional employees; of the Meyers-Milias-Brown Act "professional employees" are defined as "employees engaged in work requiring specialized knowledge and skills attained through completion of a recognized course of instruction. including, but not limited to, attorneys, physicians, registered nurses, engineers;. architects, teachers, and the various types of physical, chemical, and biological scientists." The Staff/Assistant Engineer position requires a Bachelor of Science in an Engineering curriculum or equivalent. In addition, many of our members are presently registered Professional Engineers or are actively preparing for the Professional Engineer's examinations. 2. Technical supervision and management of personnel: Staff/Assistant Engineers typically; select and supervise consulting engineers, field crews, geotechnical consultants, survey support, engineering support technicians, and other professional or technical personnel; prepare project budgets and manage engineering facility analyses, project design, operation and maintenance programs, and/or construction activities. G :WSULllV A \PETITION. WPD Page 6 of 18 Paul Morsen Page 2 October 17, 1996 The Staff/Assistant Engineers have become an integral part of the planning, design, construction, and operations/maintenance departments/divisions of the District. The District's staff/assistant engineers have also become more diversely trained and possess a wider degree of knowledge and competence in the areas of air quality, water quality, toxicity prevention, hazardous substance mitigation and financial planning, as well as the continuing ability to design and manage capital improvement projects in-house under budgetary constraints. We believe that the broad requirements of our job classification in the management of technical personnel and the professional status {as defined in the Meyers-Milias-Brown Act, Section 3507.3} that we have all attained through our education, experience and training, justifies that our interest would be more appropriately represented by a bargaining group of other professionals and supervisors such as the MS/CG. We ask for your support and consideration that the Staff/Assistant Engineers be removed from the Local One bargaining unit and included in the MS/CG bargaining unit effective May 1, 1997. Our request is based on our investigation and conclusion that MS/CG more appropriately represents our members. It is our understanding the District Code requires that a petition requesting modification of representation be filed with the Deputy General Manager between October 1, and October 31, of the final year of the Memorandum of Understanding. Accordingly, we respectfully submit the enclosed petition for your consideration and approval. JS :sm cc: A. Antkowiak C. Canepa T. Cheng E. Jacobs W. McEachen M. Penny J. Pomroy T. Ross (leave of Absence) J. Sullivan G:\JSULllV A \PETITION.WPD A TT ACHMENT C Central Contra Costa Sanitary District Page 7 of 18 RECEIVED OCT 3 11996 cccso ^OMINISTR'\TION October 31, 1996 SUBJECT: PAUL MORSEN, DEPUTY GENERAL MANAGER RUSSELL B. LEAVITT, PLANNING ASSISTANT 'J2$t- JOHN J. MERCURIO, ADMINISTRATIVE ANALY~~)~ JACQUELINE L. ZAYAC, PLANNING ASSIST AN~ PETITION FOR MODIFICATIONS OF JOB CLASSIFICATION, JOB TITLE, AND REPRESENTATION UNIT FOR THE DISTRICT'S PLANNING ASSISTANTS AND ADMINISTRATIVE ANALYST TO: FROM: The District's two Planning Assistants and one Administrative Analyst hereby petition for modifications of job classification, job title, and representation unit as follows. 1. The modification of the job classification would be along the lines of the Shannon Associates recommendation dated June 20, 1995, consolidating the two separate classifications into one. 2. The modification of job title would be subject to negotiation. 3. . The modification of representation unit would be a shift from the CCCSD Employees' Association, Public Employees' Local No. 1 to the District's Management Support/Confidential Group (MSCG). BACKGROUND -:: Shannon Associates was retained by the District last year to conduct a reclassification review for one of the District's Planning Assistants. Among the findings of the reclassification review, dated June 20, 1995, were these points: "The three positions currently occupied by Mr. Leavitt, Ms. Zayac and Mr. Mercurio, respectively, all perform responsible and professional administrative functions (emphasis added) in support of the District's operational goals and management directives. While each position's assigned duties vary, the overall level of responsibility assigned, knowledge and expertise required, scope and impact exhibited, and degree of independence and initiative are similar and comparable. .. Page 8 of 18 Paul Morsen Page 2 October 31, 1996 "The District does have an ongoing need for experienced professional staff to provide responsible support to management in a variety of administrative, community relations, planning and organizational functions and activities. These administrative professionals are assigned various technical and specialized tasks, thus relieving the engineering staff and management of selected administrative duties so as to concentrate their efforts more productively." Job Classification. The reclassification review recommended consolidation of job descriptions for the Planning Assistant and Administrative Analyst positions into one job classification with one title, Administrative Analyst. "This new job specification will emphasize the varied responsibilities to be assigned to the positions in this class and acknowledge the professional and specialized duties (emphasis added) that would be typical of duty assignment." A draft job specification was included in the reclassification review. Job Title. In response to Mr. Leavitt's expression of dissatisfaction with the recommended title, District Human Resources Manager Cathryn Freitas indicated in writing that she was "interested in discussing the issue of titles with you and your colleagues further." We believe that a joint discussion of this issue will produce a job title acceptable to all concerned. Reoresentation Unit. Although the reclassification review also recommended that the consolidated Administrative Analyst position be assigned to the G68 salary range, the consultant acknowledged at Mr. Leavitt's reclassification arbitration hearing that bargaining unit assignment was not part of the study. Therefore, it would be fitting at this time to evaluate this consolidated job classification to determine whether the position would meet the definition of "professional" established under Section 3507.3 of the Meyers-Milias-Brown Act. If the job classification is considered to be "professional," representation by MSCG would be appropriate. Section 3507.3 of the Meyers-Milias-Brown Act defines professional employees as follows: "Professional employees, II for the purposes of this section, means employees engaged in work requiring specialized knowledge and skills attained through completion of a recognized course of instruction including, but not limited to, attorneys, physicians, registered nurses, engineers, architects, teachers, and the various types of physical, chemical and biological scientist. The consultant's recommended Administrative Analyst job classification identifies required specialized knowledge and skills that can be attained through completion of a recognized H:\DA T A\LEA VITT\CHANGE.WP Page 9 of 18 Paul Morsen Page 3 October 31, 1996 course of instruction in business or public administration, planning, environmental or related sciences, or a closely related field. In fact, the recommended job classification identifies that the equivalent to a bachelor's degree in these academic disciplines would be appropriate preparation for the position and that a master's degree in the same disciplines would be substitutable for a year of experience. The three of us are professional public administrators with Master of Public Administration degrees and with significant work experience in the field. The specialized knowledge and skills we obtained through these recognized courses of instruction are required for us to complete our "professional and specialized duties" on a daily basis. CONCLUSION Based on the information presented, we believe there are sufficient grounds for the District to consider and approve modifications to our job classification, job title, and representation unit. Therefore, we respectfully submit this petition and look forward to discussing its merits with you. RBl/JJM/JLZ/sm H:\DA T A\LEA VITT\CHANGE. WP ATTACHMENT D Page 10 of 18 Public Employees Union, Local One Mailing Address: P.O. Box 222, Martinez, CA 94553 . Union Hall: 5034 Blum Road, Martinez Phone: (510) 228-1600 . Toll Free: 1-800-585-0054 . Fax: (510) 228-1099 .~ November 21, 1996 Mr. Paul Morsen Deputy General Manager 5019 Imhoff Place Martinez CA 94553 Subject: Assistant Engineers Appealing for MSCG Dear Mr. Morsen: Upon conclusion of the meet and confer regarding assistant engineers requesting to be accepted into the management support group, we firmly oppose this and request that it be submitted to the Mediation and Reconciliation Service, pursuant to 3507.3 of the Meyers-Milias-Brown Act. SincerelY,~ ;J r ~;/. /c Paul Kelly Unit President PK:omm cc: Cathryn Freitas, Personnel Officer Rich Boylan, Unit Vice President Bill McEachen, Unit Secretary James Calvarese, Business Agent ATTACHMENT E Page 11 of 18 Public Employees Union, Local One Mailing Address: P.O. Box 222, Martinez, CA 94553 . Union Hall: 5034 Blum Road, Martinez Phone: (510) 228-1600 . Toll Free: 1-800-585-0054 . Fax: (510) 228-1099 ~1" December 12, 1996 Mr. Paul Morsen Deputy General Manager 5019 Imhoff Place Martinez, California 94553 Subject; Assistant Engineers Appealing for MSCG Dear Mr. Morsen: I would like to amend our letter of November 21, 1996 to add the names of Russell Leavitt, John Mercurio and Jackie Zayac. Sincerely, r--;;JifXjES Paul Kelly Unit President UNION, LOCAL ONE PK:aw cc: "I' ...Ifft....~i~.~~ Rich Boylan, Unit Vice-President Bill McEachen, Unit Secretary James Calvarese, Business Agent Henry L. Clarke, General Manager Russell Leavitt John Mercurio Jackie Zayac ATTACHMENT Fl Page 12 of 18 Central Contra Costa Sanitary District December 16, 1996 TO: DISTRICT STAFF/ASSISTANT ENGINEERS - ANDREW ANTKOWIAK, CHARLES CANEPA, TOM CHENG, WILLIAM McEACHEN, MICHAEL PENNY, JOSEPH POMROY, TIM ROSS, AND JADE SULLIVAN ct\. ~ PAUL MORSEN, DEPUTY GENERAL MANAGER~ PETITION REQUESTING THAT THE DISTRICT'S STAFF/ASSISTANT ENGINEERS BE REMOVED FROM THE EMPLOYEES' ASSOCIATION, PUBLIC EMPLOYEES', LOCAL ONE BARGAINING UNIT AND PLACED IN THE MANAGEMENT SUPPORT/CONFIDENTIAL BARGAINING GROUP (MS/CG) EFFECTIVE MAY 1, 1997 FROM: SUBJECT: On November 1, 1996, the District advised the MS/CG and Public Employees' Union, Local One, that the District was considering a request by the District's Assistant Engineers that the positions of Staff/Assistant Engineer be removed from the Local One bargaining unit and included in the MS/CG unit. This request was submitted timely pursuant to the District Code, Chapter 4.24.050, Modification of Established Representation Unit. This issue was meet and conferred upon with both the Public' Employees' Union, Local One and Management Support/Confidential Group. Based upon my analysis of the nature and content of these job classifications and the organizational structure of the District, and taking into consideration that Section 3507.3 of the Meyer-Milias-Brown Act specifically includes engineers within its definition of professional employees, the District has concluded that the Petition meets the criteria in the District Code and that the unit should be modified as requested. On November 21, 1996, Local One advised the District that it is requesting that this dispute be referred to the State Conciliation Service pursuant to Section 3507.1 of the Meyer-Milias- .. Brown Act. Therefore, the District will promptly initiate the process of referring this issue to the Conciliation Service for its recommendation. PM:jrr cc: R. Dolan B. Baker C. Batts J. Larson J. Calvarese " C. Swanson ~I~. D. Clinton P. Kelly C:\FILES\MEMOS\ASST-ENG ,MMO A TT ACHMENT F2 Page 13 of 18 Central Contra Costa Sanitary District December 16, 1996 TO: RUSSEll B. lEAVITT, PLANNING ASSISTANT JOHN J. MERCURIO, ADMINISTRATIVE ANALYST JACQUELINE l. ZAYAC, PLANNING ASSISTA~._,./7 PAUL MORSEN, DEPUTY GENERAL MANAGER ~ PETITION FOR MODIFICATION OF REPRESENTATION UNIT FOR PLANNING ASSISTANTS AND THE ADMINISTRATIVE ANALYST FROM: SUBJECT: The District has reviewed your Petition in which you request a modification of the current representation unit to which your positions are assigned. Your Petition requests that these positions be assigned from the CCCSD Employees' Association, Public Employees', local One, to the District's Management Support/Confidential Group (MS/CG). In reviewing your Petition, the District has carefully considered the facts and arguments set forth in support of that Petition, as well as the provisions of Section 3507.3 of the California Government Code (the Meyers-Milias-Brown Act) which provides a definition of professional employees. The District also has solicited input from local One and the Management Support/Confidential Group with respect to these issues. Your Petition correctly states that the District retained an outside consultant last year to provide recommendations for a reclassification review for the Planning Assistant position and points to statements in that review which suggest that the duties of these positions involve "professional administrative functions." However, as you point out in your Petition, this study did not specifically address the issue of unit representation and classification. Your Petition also cites the observation of the consultant that the Administrative Analyst position involves skills that .cmJ.ld. be obtained through a course of instruction; however, those observations do not apply to the other positions at issue. Section 3507.3 seems to state that the course of instruction must be "recognized" and must be one which is required in order to obtain the necessary knowledge and skills. On the other hand, you state that the degrees which you have obtained do meet this test. Page 14 of 18 Memo: Leavitt, Mercurio, Zayac Page 2 December 16, 1996 Given these facts and circumstances, this is a difficult decision. However, in a letter dated December 12, the Public Employees' Union, Local One has stated that they oppose the move and request that the dispute be referred to the State Conciliation Service pursuant to Section 3507.1 of the Meyer-Milias-Brown Act. Therefore, the District will promptly initiate the process of referring this issue to the Conciliation Service for its recommendation. PM:jrr cc: R. Dolan B. Baker C. Swanson P. Kelly , ._.._~ J. Calvarese D. Clinton ATTACHMENT G . STATE OF CAUFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS STATE MEDIATION AND CONCILIATION SERVICE (415) 972-8857 PETEWILSON,~ Page 15 of 18 ~ Address Reply To: P.O. Box 420603 SAN FRANCISCO 94142 January 23, 1997 Paul Morsen Deputy General Manager Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553 James E. Calvarese Business Agent Public Employees Union, Local 1 5034 Blum Road Martinez, CA 94553 CUrtis Swanson, President Management Support/Confidential Bargaining Group Central Contra Costa Sanitary District 50191mhofTPlace Martinez, CA 94553 Re: Unit Modification Petition - Staff Engineer and Assistant Engineer CSMCS Case #961368 Dear Parties: This letter will confirm my advice to the parties regarding the petition to remove the classifications of Staff Engineer and Assistant Engineer from the General Unit at Central Contra Costa Sanitary District. After reviewing the materials and testimony presented at the January 17, 1997 hearing on this matter, as well as the District's employee relations ordinance and applicable law, I have concluded that an arbitrator would most likely rule that these two classifications should be reassigned to the Management Support/Confidential Bargaining Group. This recommendation is based for the most part on the fact that the classifications appear to meet the relatively narrow definition of protessional employees contained in the Meyers-Milias-Brown Act (MMBA). In fact, MMBA specifically cites engineers in its definition of professional employees. Page 16 of 18 Page twolMorsen, Calvarese, Swanson With respect to the standards set forth in the District's employee relations ordinance, there seems to be a greater community of interest for these employees with the MSlCG unit than the General unit. The tact that all other engineer classifications are in the MS/CG unit is compelling. This community of interest is s'ufficient to offset the petitioners' history of inclusion in the General unit. Please note that my recommendation is advisory only, and may not be used as evidence in any further proceedings arising out of or related to this matter. Thank you for the opportunity to assist you. Sincerely, ~~cttL- Micki Callahan Mediator cc: Petitioners Cathryn Freitas W. Daniel Clinton ATTACHMENT H STAJE OF CAUFORNIA PETE WILSON. GC1t/EFlII:R Page 17 of 18 @ DEPARTMENT OF INDUSTRIAL RELATIONS STATE MEDIATION AND CONCILIATION SERVICE (415) 972-8857 Address Reply To: P.O. Box 420603 SAN FRANCISCO 94142 January 23, 1997 Paul Morsen Deputy General Manager Central Contra Costa Sanitary District 5019 ImhofT Place Martinez, CA 94553 James E. Calvarese Business Agent Public Employees Union, Local 1 5034 Blum Road Martinez, CA 94553 Curtis Swanson, President Management Support/Confidential Bargaining Group Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553 Re: Unit Modification Petition - Planning Assistant and Administrative Analyst CSMCS Case #961357 Dear Parties: This letter will confirm my advice to the parties regarding the petition to remove the classifications of Planning Assistant and Administrative Analyst from the General Unit at Central Contra Costa Sanitary District. After reviewing the materials and testimony presented at the January 17, 1997 hearing on this matter, as well as the District's employee relations ordinance and applicable law, I have concluded that an arbitrator would most likely rule that these two classifications should remain in the General Unit. This recommendation is based for the most part on the fact that th.e classifications do not appear to meet the relatively narrow definition of professional employees contained in the Meyers-Milias-Brown Act (MMBA). This in no way implies that the incumbents are not "professionals" in the broader and more general sense of the word, as under the Fair Labor Standards Act. Page 18 of 18 Page two/Morsen, Calvarese, Swanson With respccllo the standards set forth in the Dislricl's employee relations ordinance, there seems to be an arguable community of interest for these employees with both the .. General and MS/CG units. Their community of interest wi~h the MS/CG unit is not clearly greater than that with the General unit, so it is insutlicicnt to offset the clear history of representation in the General unit. Please note that my recommendation is advisory only, and may not be used as evidence in any further proceedings arising out of or related to this matter. Thank you for the opportunity to assist you. ~CctM- Micki Callahan Mediator CC: Petitioners Cathryn Freitas W. Daniel Clinton ~ Central Contra Costa Sanitary District ~'--'-~~ BOARD OF DIRECTORS Page 1 of 2 tt@fl:.:.:::.::::iiiS_ii.:I@ff:tt:fm::tt::t::::t~::m:m:f~~::~~~~:~: BOARD MEETING OF ::::::::::::::::)::j:.BI::::'::::!.!I:I:::::~:::::::::::::::::::::::::::::::::::l:::::~::::::~:::l:::~:::::: February 6, 1997 NO. 12. BUDGET AND FINANCE a. DATE February 3, 1997 TYPE OF ACTION ADOPT RESOLUTION SUBJECT ADOPT A RESOLUTION USTlNG THE PRINCIPLES OF AGREEMENT FOR A TAX EXCHANGE BETWEEN CENTRAL CONTRA COSTA SANITARY DISTRICT (CCCSD) AND THE SAN RAMON VALLEY FIRE PROTECTION DISTRICT SUBMITTED BY Jarred Miyamoto-Mills, Principal Engineer INITIATING DEPT IDIV Engineering/Planning ISSUE: Establishing a Tax Exchange Agreement between the District and another public agency requires adoption of a resolution by the Board of Directors. BACKGROUND: The developers of the Windemere property in Dougherty Valley have proposed to the Contra Costa County Local Agency Formation Commission (LAFCO) that their property be annexed to CCCSD through a boundary reorganization. Before the annexation can be considered by LAFCO, an allocation of future property tax revenues among the various public agencies providing infrastructure and services is required. Generally, property tax allocations for newly annexed areas are prescribed by the 1981 "Master Tax Exchange Agreement" between Contra Costa County, East Bay Municipal Utility District and CCCSD. The San Ramon Valley Fire Protection District, which is not a party to the Master Agreement, requested that a negotiated property tax exchange agreement be established between the sanitary and fire districts, as provided for under the Revenue and Taxation Code. The fire district's proposal for phased implementation of a tax allocation based on the Master Agreement approach was presented to the Board on January 23, 1997. The Board indicated general acceptance of the fire district proposal, contingent upon certain additional terms being included in the agreement (Attachment 1 is the letter presenting the CCCSD counterproposal), the principal element being that tax exchanges for future annexations follow the Master Agreement approach. Subsequently, staff met with representatives of the fire district to discuss the proposed agreement. At this meeting, the fire district presented a revised proposal for future annexations which would set a ten year financial impact threshold of $250,000 in the agreement. Below the threshold, the Master Agreement approach would be used; above the threshold the fire district could elect to request "good faith" negotiations to establish an area-specific agreement. Two draft resolutions, one incorporating the terms of the CCCSD counterproposal, and the other the subsequent fire district revised proposal have been prepared. The County Administrator's office has indicated that the deadline to complete the property tax exchange negotiation was January 22, 1997, however they have extended the deadline to February 6, 1997. It is possible that an additional extension of the deadline could be granted, but all parties, including the developer, would have to agree to the extension. ~ BOARD ACTION K INITIATING DEPARTMENTIDIVISlON 8J :::::::::l:IltII:l::.:':::::::):::::::::::::S:::::::::::::":'::.:;:':::;:;::1:':::.::::;::::::::::=11'::::::/::~l:::::::l:::l:::::::::::::::::::::::::::::::::::::::::::::l:l:::::::::::l:l:l:I:I:1 DATE ................ ..... .. ....... . ......................................... February 3 1997 ~t~~~~~~~~~~~~~~;~1~1~1~;t::::~;~1~t::::;:;::::\:::;:;:::::::::~t::::~j~:::::~~:::::;:;:)~::::~~~::::::~~~~~~tj~m~tmrmmrmfmmmmmmmtmfmm ' I Page 2 of 2 SUBJECT ADOPT A RESOLUTION LISTING THE PRINCIPLES OF AGREEMENT FOR A TAX EXCHANGE BETWEEN CENTRAL CONTRA COSTA SANITARY DISTRICT (CCCSD) AND THE SAN RAMON VALLEY FIRE PROTECTION DISTRICT The following options are presented for consideration: (1) Adopt a resolution listing principles of agreement for a tax exchange with the fire district under the terms of the CCCSD counterproposal. Direct that a copy of the resolution be delivered to the County Auditor-Controller's office to meet the deadline for completing negotiations. Alternative text for this option is indicated in the attached draft resolution as "OPTION (1)." (2) Adopt a resolution listing principles of agreement for a tax exchange with the fire district under the terms of the fire district's revised proposal. Direct that a copy of the resolution be delivered to the County Auditor-Controller's office to meet the deadline for completing negotiations. Alternative text for this option is indicated in the attached draft resolution as "OPTION (2)." (3) Take no action on the tax exchange at this time, which could provide for an extension in the deadline for completion of negotiations, but is more likely to result in the County Board of Supervisors determining the future property tax allocations. It is possible that the Board of Supervisors would determine that the Master Agreement approach would be appropriate in this case, but this is not assured. RECOMMENDATION: Adopt one of the resolutions described above as option (1) or (2), and direct that a copy of the adopted resolution be delivered to the County Auditor-Controller's office, or provide further direction to staff.