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HomeMy WebLinkAboutAGENDA BACKUP 10-07-93 ~ Central ~~~~~ g~~~R~~~~a~~ .Jistrict PAGE 1 OF 2 POSITION PAPER BOARD MEETING OF October 7, 1 993 NO. 3. CONSENT CALENDAR c. SUBJECT DATE September 24, 1993 QUITCLAIM SEWER EASEMENTS LOCATED WITHIN SEVEN LOTS OF SUBDIVISION 7307 TO THE PRESENT PROPERTY OWNERS, JOB 4758, PARCEL 1, WALNUT CREEK AREA TYPE OF ACTION APPROVE QUITCLAIM OF SEWER EASEMENTS SUBMITTED BY Dennis Hall, Associate Engineer INITIATING DEPT./DIV Engineering Dept.llnfrastructure Division ISSUE: Sun Capitol/Crown Pointe, the developer of Subdivision 7307, has requested that the District Quitclaim the subject easements. BACKGROUND: The subject easements located within Lot Nos. 3, 4, 5, 7, 8, 9, and 10 were created when the map of Subdivision 7307 was filed on June 18, 1992. Subsequently, the sewer system for the subdivision was redesigned and new sewer easements were created. The public sewer system has been constructed in the replacement sewer easements. Therefore, the original easements are no longer required and can be quitclaimed. The Developer has paid the District's processing fee. The ownership of several of the affected lots has changed since the quitclaims were requested. Therefore, four separate Quitclaim Deeds must be executed; one for Sun Capitol/Crown Pointe, one for James K. and Caroline V. Carter, and two for Western Centaur Corporation. The project has been evaluated by staff and determined to be exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines Section 18.6, since it involves a minor alteration in land use limitations. RECOMMENDATION: Approve Quitclaim Deeds to Sun Capitol Crown Pointe, James K. and Caroline V. Carter, and Western Centaur Corporation, Job No. 4758, authorize the President of the District Board of Directors and the Secretary of the District to execute said Quitclaim Deeds, and authorize the Quitclaim Deeds to be recorded. ~y '1 rIfJ REVIEWED AND RECOMMENDED FOR BOARD ACTION INITIATING DEPT./DIV. 1302A-9/85 DH JSM RAB ~____.. .__._m___'.__'''' _.' _'~"~'._'.'_'~"'m,___"_,.'_____"M'~'.._.______._____,.___'"___~..~_.__._._..'_.~.__u._________.,.,_.,"..__._..__.,"<,_"..,_..__._,_.,~_~._."..__._.... __.._.___...__.____._______..~"..__.~.__o>.. --".~..,,_.-..-.-"- --.----- ~ ?.-EAKS - --, () , ,~!V~ , '--- QUITCLAIM EASEMENTS JOB 4758 PARCEL 1 WALNUT CREEK AREA ~ Central ~~~~~ g~~~R~~~6a~~ .Jistrict PAGE 1 OF 2 POSITION PAPER BOARD MEETING OF October 7 1 993 NO. 3. CONSENT CALENDAR d. DATE September 23, 1993 SUBJECT AUTHORIZE THE EXECUTION OF A CONSENT TO DEDICATION TO CONTRA COSTA COUNTY (JOB 1583 - PARCEL 43) M.S.36-90 (WALNUT CREEK AREA) TYPE OF ACTION APPROVE CONSENT TO DEDICATION SUBMITTED BY Dennis Hall A r INITIATING DEPT.lDIV. Engineering Department Infrastructure Division ISSUE: The county requires a "Consent to Dedication" whenever an area dedicated for public road purposes encroaches upon an existing easement. BACKGROUND: A portion of Parcel A of Minor Subdivision, M.S. 36-90, is being dedicated to the county for widening the public road known as Danville Boulevard. An existing public sewer easement is located within the dedicated area. Since the easement precedes the dedication of the public roads, a Consent to Dedication is needed. A standard consent document will be u~ed in which the District retains prior rights. This project has been evaluated by staff and determined to be exempt from the California Environmental Quality Act (CEOA) under District CEOA Guidelines Section 18.6, since it involves a minor alteration in land use limitations. RECOMMENDATION: Approve the Consent to Dedication to Contra Costa County, M.S.36-90, Job No. 1583, authorize the President of the District Board of Directors and the Secretary of the District to execute said document and authorize its recording by Contra Costa County. REVIEWED AND RECOMMENDED FOR BOARD ACTION RAB .Ie!;::; 1302A-9/85 DH /1/1/1 / /"1 JSM . - . . "ALNUT CREEK I:.. I~ --- - ~__ _ _ _ _ .a- _ --- A~ __ - -.!!.. 79"0-:- - - - ----_ -~4. E ---_ - - 55.00'- ~ --- - VICINITY MAP N.T.S. Ih. :;; 01 cD- I <:!/ ;;;;!I~' Ill'" i I ..... ~~f ~ I ,r.. ~"'I ,... I I "!I:.rt ... I ~ g:1~" 0.:. -~j' 0 I~, Nji ~ 10' PSDE--J ~I' ::, z h . IN: I z,' I.! I I II! AREA DEDICATED TO CONTRA COSTA -+-t--ri COUNTY FOR ROADWAY PURPOSES ! ., ~ Iii I I II!! 0J :'.' ..) I f;: ...... . ~ !'! ......~'1...... (,......~~\'r::fS ......1 t.fi ~ \~....... t t ...... . ":: .' S' S.S.E. PER . 2968 OR 127 TO CCCSD FOR INSTAllATION AND MAINTENANCE OF THEIR FACIUTlES o ....,). ~ N66'23'34-E 5' 5.S.E. 4.23' Vi 2968 OR 127 ~ o ~ ~ ;;;I '" ,J ;>,J~ \i k26~ j PRIVATE ACCESS & ~ ~lf}j UTJUTY EASEMENT ~ ~ Ifffffffi t394' Ii?::: ~ ~ hi!'i: S PARCEL A ~+ ~{$I ~ o .....fQ........ ..} - ~1 ~ ~ fJ! 12.2PI N6S.32'04-E 10.00', II . ........,... I ~ 10.00' S.D.E. PER 17178 OR 439 '0 .... o ~ CO It') AREA OF CONSENT . AREA DEDICATED TO CONTRA COSTA COUNlY FOR ROADWAY PURPOSES - 5' S.S.E. DETAIL CONSENT TO DEDICATION JOB 1583 PARCEL 43 WALNUT CREEK AREA ... ~ ~ ~ ~ '" ~ ~ ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 2 BOARD MEETING OF October 7, 1993 NO. 3. CONSENT CALENDAR e. SUBJECT ACCEPT TEMPORARY RIGHT TO ENTER FROM CONTRA COSTA COUNTY AT NO COST TO THE DISTRICT, DISTRICT PROJECT 20131, PARCEL 005, CONCORD/ PLEASANT HILL AREA DATE Se tember 27 1 993 TYPE OF ACTION ACCEPT TEMPORARY RIGHT TO ENTER SUBMITTED BY INITIATING DEPT.lDIV. Michael J. Penny, Assistant Engineer Engineering Dept./lnfrastructure Div. ISSUE: The subject Right to Enter is required for the installation of a portion of the interceptor sewer and reclaimed water line which will be constructed as part of the Pleasant Hill Relief Interceptor Project. BACKGROUND: The property owned by Contra Costa County is located on the northwest side of the Buchanan Fields Golf Course at 3330 Concord Avenue, Concord. The property is shown on the attached map, Exhibit A. Construction in the vicinity of the Golf Course is scheduled for 1 994. Recently the Board approved an Acquisition Agreement for real property with Buchanan Fields Golf Course, Inc. The underlying land, however, is owned by the County. Staff is currently negotiating with the County for permanent easement rights. To avoid delaying Phase 1 and 2 of the Pleasant Hill Relief Interceptor, the County is granting the District a Temporary Right to Enter for construction of the Interceptor. Staff has negotiated with the County to reach mutually agreeable terms for the Right to Enter. The Right to Enter will establish: 1) A permit to enter and construct until December 31, 1994, including a provision to extend this date, 2) a requirement to notify the Manager of Airports prior to construction, 3) indemnification of the County by the District for negligent actions by the District, 4) the County's right to require the District to rectify unsafe conditions on the project, and 5) the Grant of Easement form to be used for conveyance of the permanent easement rights. The acquisition of the formal easement from Contra Costa County is a separate agreement and will be brought before the Board at a later time. That agreement will include payment to the County for the value of temporary and permanent easements. RECOMMENDATION: Accept the Temporary Right to Enter from Contra Costa County, District Project No. 20131, Parcel 005. Authorize the President of the Board of Directors and Secretary of the District to sign the Temporary Right to Enter. REVIEWED AND RECOMMENDED FOR BOARD ACTION "lrw JJ/ffJ INITIATING DEPT.lDIV. 1302A-7/91 MJP TJP JSM RAB c C> D o J I o 170 FEET ES::J AREA SUBJECT TO TEMPORARY RIGHT TO ENTER 1:' q: EXlST:G CCCSD SEWER EASEMENT EXISTING CONCRETE PAD 102" SANITARY SEWER ~ :1 )... ~ :x: C) ~ /!! ~ .., fl1 ~ ~ 30' PERMANENT EASEMENT AFFECTED TEE < ~ .,. "- ~ \~d~~" LOCATION MAP ~ :: '" >- '" o <) L if) < Q"> '" Central Contra Costa Sanitary District CONTRA COSTA COUNTY RIGHT TO ENTER Job No. 20131 Concord/Pleasant Hill Area A EXHIBIT ~ o '"' en en .,. 0.. W V> , '" "I ~ Centra~ ~ontra Costa Sanitary .Jistrict Md~.1k BOARD OF DIRECTORS PAGE 1 OF 2 POSITION PAPER BOARD MEETING OF October 7, 1 993 NO. 3. CONSENT CALENDAR f. ~e&tember 20, 1993 SUBJECT ACCEPT THE CONTRACT WORK FOR THE LEGION COURT SEWE REPLACEMENT PROJECT, DP 4910, IN LAFAYETTE, AND TYPE OF~C~ CONTRACT AUTHORIZE FILING THE NOTICE OF COMPLETION WORK INITIATING DEPT.lDIV. Engineering Department Infrastructure Division ISSUE: Construction has been completed on the Legion Court Sewer Replacement Project, DP 4910, in Lafayette, and the work is now ready for acceptance. BACKGROUND: This project was part of an ongoing program to rehabilitate deteriorated sewers within the District's service area. The project consisted of abandoning and relocating the existing sewer mains from backyard easements to public and private road areas. As part of the project, approximately 3,100 feet of 8-inch and 10-inch main line sewer pipe were installed. Also included were 16 new manholes and reconnection of 27 existing laterals. The project location is shown on Attachment 1 and is described in the 1 993-94 CIB on pages CS- 44 and 45. On March 18, 1993, the Board of Directors authorized the award of a contract for construction of the project to D. W. Young Construction Company of Union City. The Notice to Proceed was issued on May 20, 1993, with a specified completion date of October 17, 1993. The contract work is substantially completed. The remaining work consists of minor punch list items which do not affect the project acceptance. The total authorized budget for the project including the cost of design, construction management and the contract work is $905,000. A detailed accounting of the project costs will be provided to the Board at the time of project close out. It is appropriate to accept the contract work at this time. RECOMMENDATION: Accept the contract work for the construction of the Legion Court Sewer Replacement Project, DP 4910, in Lafayette, and authorize the filing of the Notice of Completion. REVIEWED AND RECOMMENDED FOR BOARD ACTION INITIATING DEPT.lDIV. tIr --p;/ 1302A-9/85 TAT HT JSM /J(1!fl RAB 1 , 'E I ~ N ~ Hidden - ' I~-' 1-:::2 ::21:::::i --1' ,>- >-11- I-'U uiw <(.1- 0'1- zlW 0:::'>- oi~ :--1 , .....'"\ ORINDA c C> D o o '" v o '" v "- Cl o '2 C> t- '+- L D , N L if> -2 - PROJECT LOCATION CD o '" o Central Contra Costa Sanitary District "' '" '" ,- DIABLO Nido ?--d Ron ch Va" ey LA FA VETTE C\'Iape\ " . , \ '- 1 . . Corte Rinaldo I , . \/ie'J'l 7 o 200 400 I 600 800 FEET ATTACHMENT LEGION COURT SEWER PROJECT DISTRICT PROJECT 4910 1 PAGE 1 OF NO. 3. CONSENT CALENDAR g. SUBJECT AUTHORIZE THE ATTENDANCE OF RANDY SCHMIDT, ASSOCIATE ENGINEER, AT THE OCTOBER 25-26, 1 993 ENVIRONMENTAL REMEDIATION CONTRACT COURSE IN SAN FRANCISCO AT A TOTAL COST OF $850 DATE September 27, 1993 TYPE OF ACTION AUTHORIZE ATTENDANCE SUBMITTED BY INITIATING DEPT./DIV. Lynne I. Putnam, Senior Engineer Engineering Department/Planning Division ISSUE: Approval by the Board of Directors is required for unbudgeted travel or if the expense will exceed $500. BACKGROUND: Randy Schmidt, Associate Engineer, is Project Manager for the Basin A Soil Remediation Project. Approximately 25 years ago, base petroleum by-product sludge from Shell Oil was disposed of at the District treatment plant site. Petroleum sludge was mixed with the soil in an attempt to strengthen the weak marsh soil in the old primary sludge ponds. Much of the material has been relocated in earth work projects over the years. Woodward-Clyde Consultants (WCC) assessed the extent of contamination of the treatment plant soil and summarized the results in the Preliminary Endangerment Assessment (PEA) which was finalized by the Department of Toxic Substances Control (DTSC) in January of 1993. DTSC is currently preparing a Consent Order for remediation of Basin A South. Attendance at the Environmental Remediation Contracting Course will give Mr. Schmidt the specialized knowledge needed to effectively contract for the Basin A Remediation. Specialized training requirements for this project were described in the 1993-94 Capital Improvement Budget. Funds are available in District Project 20113: Treatment Plant Soil Remediation Project to cover the cost of this course. RECOMMENDATION: Authorize the attendance of Randy Schmidt, Associate Engineer, at the October 25-26, 1993 Environmental Remediation Contract Course in San Francisco at a total cost of $850. rL/..- JJS R17~ ROGER J. DOLAN REVIEWED AND RECOMMENDED FOR BOARD ACTION INITIATING DEPT.lDIV. 1302A-7/91 RS LIP RAB Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 6 BOARD MEETING OF October 7, 1993 NO. 3. CONSENT CALENDAR h. SUBJECT DATE September 29, 1993 ADOPT A RESOLUTION EXECUTING THE DECLARATION OF TRUST OF THE ICMA RETIREMENT TRUST TYPE OF ACTION EXECUTE DECLARATION OF TRUST SUBMITTED BY Debbie Ratcliff, Controller INITIATING DEPT./DIV. Administrative/Finance & Accounting ISSUE: The new Deferred Compensation provider, International City Management Association (ICMA) Retirement Corporation requires adoption of a resolution executing the Declaration of Trust of the ICMA Retirement Trust. BACKGROUND: The Board approved the addition of a third Deferred Compensation provider (ICMA) at the September 2, 1993 Board Meeting. ICMA has now indicated that it requires the adoption of the attached resolution executing the Declaration of Trust of the ICMA Retirement Trust. This Declaration provides the framework for the Trust to take the necessary investment actions on behalf of the District and is required for assets to be held by the Trust. Both the Declaration of Trust and the Resolution are attached. RECOMMENDATION: It is recommended that the Board adopt a resolution executing the Declaration of Trust of the ICMA Retirement Trust. INITIATI,NG DEPT./QIV. ,""/ ' ,/ ~//~ ~." 1302A-7/91 REVIEWED AND RECOMMENDED FOR BOARD ACTION RESOLUTION NO. 93-_ A RESOLUTION ADOPTING THE DECLARATION OF TRUST OF THE ICMA RETIREMENT TRUST WHEREAS, The Central Contra Costa Sanitary District (District) has employees rendering valuable services; and WHEREAS, the establishment of a deferred compensation plan for such employees serves the interests of the District by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS, the District has determined that the establishment of a deferred compensation plan to be administered by the International City Management Association (ICMA) Retirement Corporation serves the above objectives; and WHEREAS, the District desires that its deferred compensation plan be administered by the ICMA Retirement Corporation, and that the funds held under such plan be invested in the ICMA Retirement Trust, a trust established by public employers for the collective investment of funds held under their retirement and deferred compensation plans; NOW THEREFORE BE IT RESOLVED that the District has previously adopted a deferred compensation plan (the "Plan"); BE-H FURTHER RESOLVED that the District hereby executes the Declaration of Trust of the ICMA Retirement Trust, attached hereto, intending this execution to be operative with respect to any retirement or deferred compensation plan established or to be established by the District, if the assets of the plan or any portion of said assets as determined by the District are to be invested in the ICMA Retirement Trust. BE IT FURTHER RESOLVED that the Controller shall be the coordinator for this program; shall receive necessary reports, notices, etc., from the ICMA Retirement Corporation or the ICMA Retirement Trust; shall cast, on behalf of the District, any required votes under the ICMA Retirement Trust; may assign admin.istrative duties to the appropriate departments to carry out the plan; and is ""'!Iuthorized to execute all necessary agreements with ICMA Retirement Corporation incidental to the administration of the Plan. Resolution No. Page 2 Passed and adopted this 7th day of October, 1993, by the District Board of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Countersigned: President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California Secretary of Central Contra Costa Sanitary District, County of Contra Costa, State of California Approved as to form: Kenton L. Aim, District Counsel ADSlPosPaper#3/1 CMA.Res DECLARATION OF TRUST OF leMA RETIREMENT TRUST ARTICLE I. NAME DEFINITIONS Section 1.1 Name: The Name of the Trust, as amended and restated hereby, is the ICMA Retirement Trust. Section 1.2 Definitions: Wherever they are used herein, the following terms shall have the following respective meanings: (a) Bylaws. The bylaws referred to in Section 4.1 hereof, as amended from time to time. (b) Deferred Compensation Plan. A deferred compensation plan established and maintained by a Public Employer for the purpose of providing retirement income and other deferred benefits to its employees in accordance with the provision of section 457 of the Intemal Revenue Code of 1954, as amended. (c) Employees. Those employees who participate in Qualified Plans. (d) Employer Trust. A trust created pursuant to an agreement between RC and a Public Employer for the purpose of investing and administering the funds set aside by such Employer in connection with its Deferred Compensation agreements with its employees or in connection with its Qualified Plan. (e) Guaranteed Investment Contract. A contract entered into by the Retirement Trust with insurance companies that provides for a guaranteed rate of retum on investments made pursuant to such contract. (f) ICMA. The International City Management Association. (g) ICMAlRC Trustees. Those Trustees elected by the Public Employers who, in accordance with the provisions of Section 3.1 (a) hereof, are also members, or former members, of the Board of Directors of ICMA or RC. (h) Investment Adviser. The Investment Adviser that enters into a contract with the Retirement Trust to provide advice with respect to investment of the TlVst Property. (i) Portfolios. The Portfolios of investment established by the Investment Adviser to the Retirement Trust, under the supervision of the Trustees, for the purpose of providing investments for the Trust Property. (j) Public Employee Trustees. Those Trustees elected by the Public Employers who, in accordance with the provision of Section 3.1 (a) hereof, are full- time employees of Public Employers. (k) Public EmployerTrustees. Public Employers who serve as trustees of the Qualified Plans. (I) Public Employer. A unit of state or local government, or any agency or instrumentality thereof, that has adopted a Deferred Compensation Plan or a Qualified Plan and has executed this D~arlition of Trust. (m) Qualified Plan. A plan sponsored by a Public Employer for the purpose of providing retirement income to its employees which satisfies the qualification requirements of Section 401 of the Internal Revenue Code, as amended. (n) RC. The International City Management Association Retirement Corporation. (0) Retirement Trust. The Trust created by the Declaration of Trust. (p) Trust Property. The amounts held in the Retirement Trust on behalf of the Public Employers in connection with Deferred Compensation Plans and on behalf of the Public Employer Trustees for the exclusive benefit of Employees pursuant to Qualified Plans. The Trust Property shall include any income resulting from the investment to the amounts so held. (q) Trustees. The Public Employee Trustees and ICMA/RCTrustees elected by the Public Employers to serve as members ofthe Board ofTrustees ofthe Retirement Trust. ARTICLE II. CREATION AND PURPOSE OF THE TRUST; OWNERSHIP OF TRUST PROPERTY Section 2.1 Creation: The Retirement Trust is created and established by the execution of this Declaration of Trust by the Trustees and the Public Employers. Section 2.2 Purpose: The purpose of the Retirement Trust is to provide for the commingled investment of funds held by the Public Employers in connection with their Deferred Compensation and Qualified Plans. The Trust Property shall be invested in the Portfolios, In Guaranteed Investment Contracts, and in other invest- ments recommended by the Investment Adviser under the supervision of the Board of Trustees. No part of the Trust Property will be invested in securities issued by Public Employers. Section 2.3 Ownership of Trust Property: The Trustees shall have legal title to the Trust Property. The Public Employers shall be the beneficial owners of the portion of the Trust Property allocable to the Deferred Com- pensation Plans. The portion of the Trust Property allocable to the Qualified Plans shall be held for the Public Employer Trustees for the exclusive benefit of the Employees. ARTICLE III. TRUSTEES Section 3.1 Numberand Qualification ofTrustees: (a)The Board of Trustees shall consist of nine Trustees. Five of the Trustees shall be full-time employees of a Public Employer (the Public Employee Trustees) who are authorized by such Public Employer to serve as Trustee. The remaining four Trustees shall consist of two per- sons who, at the time of election to the Board of Trustees, are members of the Board of Directors of ICMA and two persons who, at the time of election, are members of the Board of Directors of RC (the ICMA/RC Trustees. One of the Trustees who is a director of ICMA, and one of the Trustees who is a director of RC, shall, at the time of election, be full-time employees of a Public Employer. (b) No person may serve as a Trustee for more than one term in any ten-year period. Section 3.2 Election and Term: (a) Except for the Trustees appointed to fill vacancies pursuant to Section 3.5 hereof, the Trustees shall be elected by a vote of a majority of the Public Employers in accordance with the procedures set forth in the By-Laws. (b) At the first election ofTrustees, three Trustees shall be elected for a term of three years, three Trustees shall be elected for a term of two years and three Trustees shall be elected tor a term of one year. At each subsequent election, three Trustees shall be elected for a term of three years and until his or her successor is elected and qualified. Section 3.3 Nominations: The'Trustees who are full-time employees of Public Employers shall serve as the Nominating Committee for the Public Employee Trust- ees. The Nominating Committee shall choose candi- dates for Public Employee Trustees in accordance with the procedures set forth in the By-Laws. Section 3.4 Resignation and Removal: (a) Any Trustee may resign as Trustee (without need for prior or subse- quent accounting) by an instrument in writing signed by the Trustee and delivered to the other Trustees and such resignation shall be effective upon such delivery, or at a later date according to the terms of the instru- ment. Any of the Trustees may be removed for cause, by a vote of a majority of the Public Employers. (b) Each Public Employee Trustee shall resign his or her position as Trustee within sixty days of the date on which he or she ceases to be a full-time employee of a Public Employer. Section 3.5 Vacancies: The term of office of a Trustee shall terminate and a vacancy shall occur in the event of the death, resignation, removal, adjudicated incompetence or other incapacity to perform the duties of the office of a Trustee. In the case of a vacancy, the remaining Trustees shall appoint such person as they in their discretion shall see fit (subject to the limitations set forth in this Section), to serve for the unexpired portion of the term of the Trustee who has resigned or otherwise ceased to be a Trustee. The appointment shall be made by a written instrument signed by a majority of the Trustees. The person appointed must be the same type ofT rustee (i.e., Public Employee Trustee or ICMA! RC Trustee) as the person who has ceased to be a Trustee. An appointment of a Trustee may be made in anticipation of a vacancy to occur at a later date by reason of retirement or resignation, provided that such appointment shall not become effective prior to such retirement or resignation. Whenever a vacancy in the number of Trustees shall occur, until such vacancy is filled as provided in this Section 3.5, the Trustees in office, regardless of their number, shall have all the powers granted to the Trustees and shall discharge all the duties imposed upon the Trustees by this Declara- tion. A written instrument certifying the existence of such vacancy signed by a majority of the Trustees shall be conclusive evidence of the existence of such va- cancy. Section 3.6 Trustees Serve in Representative Capacity: By executing this Declaration, each Public Employer agrees that the Public Employee Trustees elected by the Public Employers are authorized to act as agents and representatives of the Public Employers collec- tively. ARTICLE IV. POWERS OF TRUSTEES Section 4.1 General Powers: The Trustees shall have the power to conduct the business of the Trust and to carry on its operations. Such power shall include, but shall not be limited to, the power to: (a) receive the Trust Property from the Public Employers, Public Employer Trustees or other Trustee of any Employer Trust; (b) enter into a contract with an Investment Adviser providing, among other things, for the establishment and operation of the Portfolios, selection of the Guaranteed Investment Contracts in which the Trust Property may be invested, selection of the other investments for the Trust Property and the payment of reasonable fees to the Investment Adviser and to any sub-investment adviser retained by the Investment Adviser; (c) review annually the performance of the Investment Adviser and approve annually the contract with such Investment Adviser; (d) invest and reinvest the Trust Property in the Portfolios, the Guaranteed Interest Contracts and in any other investment recommended by the Investment Adviser, but not including securities issued by Public Employers, provided that if a Public Employer has directed that its monies be invested in specified Portfolios or in a Guaranteed Investment Contract, the Trustees of the Retirement Trust shall invest such monies in accordance with such directions; (e) keep such portion of the Trust Property in cash or cash balances as the Trustees, from time to time, may deem to be in the best interest of the Retirement Trust created hereby without liability for interest thereon; (f) accept and retain for such time as they may deem advisable any securities or other property received or acquired by them as Trustees hereunder, whether or not such securities or other property would normally be purchased as investment hereunder; (g) cause any securities or other property held as part of the Trust Property to be registered in the name ofthe RetirementTrust or in the name of a nominee, and to hold any investments in bearer from, butthe books and records of the Trustees shall at all times show that all such investments are a part of the Trust Property; (h) make, execute, acknowledge, and deliver any and all documents oftransfer and conveyance and any and all other instruments that may be necessary or appropriate to carry out the powers herein granted; (i) vote upon any stock, bonds, or other securities; give general or special proxies or powers of attomey with or without power of substitution;exercise any conversion privileges, subscription rights, or other options, and make any payments incidental thereto; oppose, or consent to, or otherwise participate in, corporate reorganizations or to other changes affecting corporate securities, and delegate discretionary powers and pay any assessments or charges in connection therewith; and generally exercise any of the powers of an owner with respect to stocks, bonds, securities or other property held as part of the Trust Property; 0) enter into contracts or arrangements for goods or services required in connection with the operation of the Retirement Trust, including, but not limited to, contracts with custodians and contracts for the provision of administrative services; (k) borrow or raise money for the purposes of the Retirement Trust in such amount, and upon such terms and conditions, as the Trustees shall deem advisable, provided that the aggregate amount of such borrowings shall not exceed 30% of the value of the Trust Property. No person lending money to the Trustees shall be bound to see the application of the money lent or to inquire into its validity, expediency or propriety or any such borrowing; (I) incur reasonable expenses as required for the operation of the Retirement Trust and deduct such expenses from of the Trust Property; (m) pay expenses properly allocable to the Trust Property incurred in connection with the Deferred Compensation Plans, Qualified Plans, or the Employer Trusts and deduct such expenses from the portion of the Trust Property to whom such expenses are properly allocable; (n) payout of the Trust Property all real and personal property taxes, income taxes and other taxes of any and all kinds which, in the opinion of the Trustees, are properly levied, or assessed under existing or future laws upon, or in respect of, the Trust Property and allocate any such taxes to the appropriate accounts; (0) adopt, amend and repeal the bylaws, provided that such bylaws are at all times consistent with the terms of this Declaration of Trust; (p) employ persons to make available interests in the Retirement Trust to employers eligible to maintain a Deferred Compensation Plan under Section 457 or a Qualified Plan under Section 401 of the Internal Revenue Code, as amended; (q) issue the Annual Report of the Retirement Trust, and the disclosure documents and other literature used by the Retirement Trust; (r) make loans, including the purchase of debt obligations, provided that all such loans shall bear interest at the current market rate; (s) contract for, and delegate any powers granted hereunder to, such officers, agents, employees, auditors and attorneys as the Trustees may select, provided that the Trustees may not delegate the powers set forth in paragraphs (b), (c) and (0) of this Section 4.1 and may not delegate any powers if such delegation would violate their fiduciary duties; (t) provide for the indemnification of the Officers and Trustees of the Retirement Trust and purchase fiduciary insurance; (u) maintain books and records, including separate accounts for each Public Employer, Public Employer Trustee or Employer Trust and such additional separate accounts as are required under, and consistent with, the Deferred Compensation or Qualified plan of each Public Employer; and (v) do all such acts, take all such proceedings, and exercise all such rights and privileges, although not specifically mention herein, as the Trustees may deem necessary or appropriate to administer the Trust Property and to carry out the purposes of the Retirement Trust. Section 4.2 Distribution of Trust Property: Distributions of the Trust property shall be made to, or on behalf of, the Public Employer or Public Employer Trustee, in accor- dance with the terms of the Deferred Compensation Plans, Qualified Plans or Employer Trusts. The Trust- ees of the Retirement Trust shall be fully protected in making payments in accordance with the directions of the Public Employers, Public Employer Trustees or other Trustee of the Employer Trusts without ascertain- ing whether such payments are in compliance with the provision of the Deferred Compensation or Qualified Plans, or the agreements creating the Employer Trusts. Section 4.3 Execution of Instruments: The Trustees may unanimously designate anyone or more of the Trust- ees to execute any instrument or document on behalf of all, including but not limited to the signing or endorse- ment of any check and the signing of any applications, insurance and other contracts, and the action of such designated Trustee or Trustees shall have the same force and effect as if taken by all the Trustees. ARTICLE V. DUTY OF CARE AND LIABILITY OF TRUSTEES Section 5.1 Duty of Care: In exercising the powers hereinbefore granted to the Trustees, the Trustees shall perform all acts within their authority for the exclusive purpose of providing benefits for the Public Employers in connection with Deferred Compensation Plans and Public Employer Trustees pursuant to Quali- fied Plans, and shall perform such acts with the care, skill, prudence and diligence in the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims. Section 5.2 Liability: The Trustees shall not be liable for any mistake of judgment or other action taken in good faith, and for any action taken or omitted in reliance in good faith upon the books of account or other records of the Retirement Trust, upon the opinion of counsel, or upon reports made to the Retirement Trust by any of its officers, employees or agents or by the Investment Adviser or any sub-investment adviser, accountants, appraisers or other experts or consultant selected with reasonable care by the Trustees, officers or employees of the RetirementT rust. The Trustees shall also not be liable for any loss sustained by the Trust Property by reason of any investment made in good faith and in accordance with the standard of care set forth in Section 5.1. Section 5.3 Bond: No Trustee shall be obligated to give any bond or other security for the performance of any of his or her duties hereunder. ARTICLE VI. ANNUAL REPORT TO SHAREHOLDERS The Trustees shall annually submit to the Public Employers and Public Employer Trustees a written report of the transac- tions of the Retirement Trust, including financial statements which shall be certified by independent public accountants chosen by the Trustees. ARTICLE VII. DURATION OR AMENDMENT OF RETIREMENT TRUST Section 7.1 Withdrawal: A Public Employer or Public Em- ployer Trustee may, at any time, withdraw from this Retirement Trust by delivering to the Board of Trustees a written statement of withdrawal. In such statement, the Public Employer or Public Employer Trustee shall acknowledge that the Trust Property allocable to the Public Employer is derived from compensation de- ferred by employees of such Public Employer pursuant to its Deferred Compensation Plan or from contribu- tions to the accounts of Employees pursuant to a Qualified Plan, and shall designate the financial institu- tion to which such property shall be transferred by the Trustees of the Retirement Trust or by the Trustee of the Employer Trust. Section 7.2 Duration: The Retirement Trust shall continue until terminated by the vote of a majority of the Public Employers, each casting one vote. Upon termination, all of the Trust Property shall be paid out to the Public Employers, Public Employer Trustees or the Trustees of the Employer Trusts, as appropriate. Section 7.3 Amendment: "The Retirement Trust may be amended by the vote of a majority of the public Employ- ers, each casting one vote. Section 7.4 Procedure: A resolution to terminate or amend the Retirement Trust or to remove a Trustee shall be submitted to a vote of the Public Employers if: (i) a majority of the Trustees so direct, or; (ii) a petition requesting a vote signed by not less that 25 percent of the Public Employers, is submitted to the Trustees. ARTICLE VIII. MISCELLANEOUS Section 8.1 Governing Law: Except as otherwise required by state or local law, this Declaration of Trust and the Retirement Trust hereby created shall be construed and regulated by the laws of the District of Columbia. Section 8.2 Counterparts: This Declaration may be ex- ecuted by the Public Employers and Trustees in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. ~ Centra~ ~ontra Costa Sanitary Jistrict ~d~.~ BOARD OF DIRECTORS PAGE 1 OF 7 POSITION PAPER BOARD MEETING OF October 7, 1 993 NO. 5. BIDS AND AWARDS a. September 28, 1993 SU~fffHORIZE AWARD OF CONTRACT TO PRESSURE GROUT CO., AUTHORIZE THE GM-CE TO ALLOCATE $39,000 FROM THE COLLECTION SYSTEM CONTINGENCY ACCOUNT FOR THE MISCELLANEOUS TRENCH GROUTING PROJECT, D.P. 4974, IN ALAMO, DANVILLE, AND WALNUT CREEK DATE TYPE OF ACTION AUTHORIZE AWARD a= CXJJ1ROCf SUBMITTED BY Kris Kilgore Associate En ineer INITIATING DEPT./DIV. Engineering Department Infrastructure Division ISSUE: On September 27, 1993, bids for the Miscellaneous Trench Grouting Project, D.P. 4974, were received and opened. The Board of Directors must authorize award of the contract or reject bids within 50 days of the opening of the bids. Board authorization is required for contingency allocation of more than $25,000. BACKGROUND: During the past two years, and especially after the heavy rainstorms during the winter of 1992, portions of the existing trench settled creating sinkholes along the eO-inch diameter San Ramon Valley trunk sewer in Alamo and Danville and the 66-inch diameter sewer in Olympic Boulevard in Walnut Creek. The sinkholes developed to an extent that they became a potential safety hazard. Crews from the Collection System Operations Department excavated the sinkhole areas above the pipe bedding zone, backfilled with aggregate base material, and repaved the trenches. In February 1993, Woodward-Clyde Consultants was requested to analyze the cause of the settling and to recommend remediation for the problem. After taking boring samples and observing groundwater levels in the settlement areas, Woodward-Clyde concluded that the most likely cause of the sinkholes was that fine material in the pipe bedding zone was being washed by groundwater through the gravel bedding material in the pipe trench. Woodward-Clyde recommended that the pipe bedding zone in the sinkhole areas be pressure grouted. Without grouting the pipe bedding zone, additional fines from the backfill could be washed out during the future wet weather seasons and could become a safety hazard. Subsequently, District staff met with Woodward-Clyde staff to design a method of stopping groundwater flow through the trenches by installing concrete trench dams in the pipe bedding downstream of the sinkhole areas using pressure grouting methods. The plans and specifications for this trench grouting project were prepared by District staff. Approximately six areas will be grouted. Attachment Nos. 1 and 2 show the project locations. The project was advertised on September 15 and 20, 1993. The Engineer's prebid estimate for the construction contract was $40,000. Bids ranging from $27,540 to $75,100 were received on September 27, 1993. A Summary of Bids is presented on Attachment No.3. The District staff conducted a technical and commercial review of the bids and concluded that the lowest responsible bidder is Pressure Grout Company for the amount of $27,540. REVIEWED AND RECOMMENDED FOR BOARD ACTION ~~(. INITIATING DEPT./DIV. 1302A-9/85 KK _.___..___~..__.._,____..~___._______._.._.,_"".,._____.._.___.~._.___M'.'''"'+''_'_'~__'__' _. _. ._____.',._____..._.,__._...,.._.._____,..~...~_..___.. --.....,.,-.-.-,,-------,-~--~ SUBJECT AUTHORIZE AWARD OF CONTRACT TO PRESSURE GROUT CO., AUTHORIZE THE GM-CE TO ALLOCATE $39,000 FROM THE COLLECTION SYSTEM CONTINGENCY ACCOUNT FOR THE MISCELLANEOUS TRENCH GROUTING PROJECT, D.P. 4974, POSITION PAPER PAGE 2 OF 7 DATE September 28, 1993 District staff will administer the Contract and provide inspection services. A post-bid precon.struction estimate, based on the lowest responsible bid is presented in Attachment No.4. The estimated total project cost is $41,000. Funds previously allocated were $2,000. An additional allocation of $39,000 from the Collection System Program Contingency Account will be needed to complete the project, including the construction contract, construction management, and consultant services during construction. An allocation from the contingency account is required because the Miscellaneous Trench Grouting Project is not included in the 1 993-94 Capital Improvement Budget. The current status of the contingency account is shown in Attachment No.5. RECOMMENDATION: Authorize award of contract in the amount of $27,540 to Pressure Grout Company as the lowest responsible bidder. Authorize the General Manager-Chief Engineer to allocate $39,000 from the Collection System Contingency Account for the Miscellaneous Trench Grouting Project, D.P. 4974. 13028 9'B~ ~---------_..----_.~._-_.._---~--_.~- c o .." ~ N ~ ... "- N '" ... "- ~ .. "0 IJ "- I.. .. ~ Central Contra Costa Sanitary District MISCELLANEOUS TRENCH GROUTING PROJECT IRON HORSE TRAIL 1 ATTACHMENT ~ '" o .... '" '" I '" ::> '1 ~ '" ~ N , "- "- "- "- "- "- "- '" "- "- " "- "- " " "- "- " " "- "- "" "" "- "- " " "- " " "- " "- "- " "- " " Z ...J ~ Z o m "- ~h "- "- ~..pJ' "- "- ~)o. "- "- ,.~ "- "- ~~ "- "- ~ qG'L "- "- ~ Tu . "- ~ ~ "- "- r "- "- c:fo-O "- "- "- I PRESSURE GROUT . TRENCH DAM DOWNSTREAM OF SINKHOLE OVER SEWER TRENCH :]1 JUNCTION mUCTURE ". NO. 16." ~D <........ "- / J c: '" " .... o o :i: ... ... "- '" '" ... ... "- ~ <I) (; o "- \. '" ~ o . 100 200 400 , FEET Centrol Contra Costa ~ Sanitary District '" o ATTACHMENT MISCELLANEOUS TRENCH GROUTING PROJECT OLYMPIC BOULEVARD 2 .... '" '" ., '" ::J ... I ... '" ATTACHMENT 3 Central Contra Costa Sanitary District SUMMARY OF BIDS PROJECT NO. 4974 - Miscellaneous Trench Groutina Project DATE Seotember 27. 1993 LOCATION Iron Horse Trail. Alamo. Danville and Olymoic Blvd.. Walnut Creek ENGR.EST.$40.000 # BIDDER BID PRICE (Name, telephone & address) 1 Pressure Grout Company (510) 887-2244 $27,540 1975 National Avenue, Hayward CA 94549 2 Soil Engineering Construction (415) 367-9595 $68,295 927 Arauello Street, Redwood City CA 94063 3 FESCO Engineering (510) 284-3855 $75,100 3520 Golden Gate Way, 5te. 1250, Lafayette CA 94549 BIDS OPENED BY /s/ Joyce E. Murohv DATE 9/28/93 SHEET NO. -1- OF -1- ATTACHMENT 4 MISCELLANEOUS TRENCH GROUTING DISTRICT PROJECT NO. 4974 POST-BID/CONSTRUCTION ESTIMATE ITEM DESCRIPTION TOTAL PERCENT OF ESTIMATED CONSTRUCTION COST 1. Construction Contract $27,540 80% 2. Contingency at 25 % * 6,890 20% SubTotal $34,430 100% 3. Construction Management $ 4,570 13% 4. Pre bid Expenditure . Design $ 2,000 6% 5. Total Project Cost Estimate $41,000 6. Funds Authorized to Date $ 2,000 1.47% 7. Total Allocation of Funds to $39,000 Complete Project * A 25 % construction contingency was utilized because the project is small. PAGE 1 OF 2 October 7, 1993 NO. 5. BIDS AND AWARDS b. DATE September 29, 1993 SUBJECT AUTHORIZE AWARD OF A CONTRACT TO HAROLD HUTSON CONSTRUCTION, TO PROVIDE ON-CALL PATCH PAVING TYPE OF ACTION AUTHORIZE AWARD SUBMITTED BY INITIATING DEPT./DIV. Carolyn Gregg Senior Buyer Ad m inistrative/Purc hasi ng ISSUE: On September 15, 1993, sealed bids were received and publicly opened for on-call patch paving for Collection System Operations. The Board must authorize award of the contract or reject bids within 30 days of the bid opening date. BACKGROUND: On-call patch paving is routinely required to restore streets at various sites and times within the District service area following sewer system construction or repair by District forces. Consistent with the District intent to control costs, these services were competitively bid. The contract quantity is an estimated 220 tons per year. The bid package and specifications were developed by a cross-functional team comprised of representatives from Collection System Operations and Purchasing. The specifications provide that the contractor shall furnish all traffic control, labor, materials, tools, supplies, equipment, transportation, technical and professional services, supervision, and perform all operations necessary for asphaltic concrete final pavement including provisions for the salvage of temporary paving materials. Salvaged materials will be delivered to the Collection System Operations yard for recycling. The Bid Request was advertised on August 26 and 31, 1993. Two bids were received and publicly opened on September 15, 1993. These bids are listed on Attachment 1 - Tabulation of bids. The lowest responsible bidder is Harold Hutson Construction with a bid of $49,995. Staff has determined that this project is exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines Section 18.2 since it involves minor alterations to existing facilities involving negligible or no expansion of use beyond that previously existing. Board of Directors' approval of this contract will constitute a finding of an agreement with this determination unless otherwise indicated. RECOMMENDATION: Authorize award of the Contract to Harold Hutson Construction, the lowest responsible bidder, in the estimated amount not to exceed $49,995, to provide on-call patch paving. REVIEWED AND RECOMMENDED FOR BOARD ACTION CG JL 1302A-7191 CA cJ0 INITIATING DEPT.IDIV. 119 ~ ---_._~--_._--_._----~'-_.."'-_._-----_.__._-'-'_._..-'-'-'."-~'---'-~'--"~ ATTACHMENT 5 COLLECTION SYSTEM CONTINGENCY FUND ACCOUNT STATUS FOR THE PERIOD 9/9/93-10/8/93 COLLECTION SYSTEM CONTINGENCY FUND BALANCE AS OF 09/28/93 10,214,000 MINUS CURRENT ALLOCATION REQUEST 39,000 REMAINING BALANCE 10,175,000 : . : .-l u ~~ LO <:) ~ . ~ .-l ::E : ::) tu z ~ w 12 ~ . 00 Vl en z: ~ en <:) ~ ........ . .-l l- e c::x:: 'r- \D 0... U ~ I (Y) U .en i: .-l >< 0 ......... 'r- 00 W ELO t . <tl .-l .-l <:) .; r- ......... J 00 z: c::x:: .en N : . : <:) ~ . Vl LO z: c::x:: ~ en <:) u en ........ ~ . ~ I- g ~ .;: ~ 0... :r: +-> ~ .r- ~ +-> (Y) u > (lJ en .~ LO >< <tl ,.::,(. ......... N W 0... "t u LO t . 0 .-l r--. <:) ...c ~ ~ ......... ~ N z: U u en N z +-> ~ Q <tl I- 0... . 0... .,... 5 r- r- > en r- . +-> <tl ~ W <tl r- +-> ~ (lJ 0 U <tl <tl +-> II) ~ ~ ~ ~ z . ...c c: 0 0 a: a: Bl z ~ - Cl.. +-> Q) +-> w C 8 w w ... !i - II) c: u u !< a: ~ ~ ai g ... <tl Q) .r- Z C 0 ... a: ill ::E ~ ~ u: S j!! E Q) ~ r- Q) ...c +-> ~ r- > +-> II) <tl ~ .r- +-> c: Cl i: II) .r- > t c: r- 'r- .r- <tl II) ~ C( . c: (lJ <tl ~ ~ ~ -c .r- +-> +-> ~ c: 4- .r- .r- ~ <tl II) c: ~ ~ ~ Q) <tl <- - (lJ +-> II) Vl ~ <\ -C Q) ::l o + tr:' .r- ~ 0 <tl ~ ~ .~ > U .r- +-> Z 0 c: ~ II) ~ o ~ ~ '" ~ 0 <tl 0 !cc i: ~ '1 0... u > u rr c <J) ~ ." 5 ~ t 1 c: \ r0 0 ~ 1 l- . ~ ~ ~ +-> ;: ~ . <:) II) ~ .. c) N W c - N z ~f- ~ ~ ~ i ~ . w IE .-l a: a: @' :b ~ <:) en '- N Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 1 BOARD MEETING OF October 7, 1 993 NO. 6. ENGINEERING b. SUBJECT DATE October 1, 1 993 CONSIDER APPROVAL OF THE ULTRAVIOLET DISINFECTION PROJECT, DP 20100; AUTHORIZE THE GENERAL MANAGER- CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH MONTGOMERY WATSON FOR FINAL DESIGN OF THE PROJECT TYPE OF ACTION APPROVE PROJECT; AUTHORIZE AGREEMENT SUBMITTED BY Douglas J. Craig . . INITIATING DEPT./DIV. Engineering Departmentl ISSUE: Board approval of the Ultraviolet Disinfection Project, DP 20100, is required prior to the filing of a Notice of Exemption under the District's California Environmental Quality Act (CEOA) Guidelines. Authorization by the Board of Directors is required for the General Manager-Chief Engineer to execute a professional services agreement in an amount greater than $50,000. BACKGROUND: The predesign of the Ultraviolet Disinfection Project was completed in August 1993. The predesign finalized the design criteria, defined the location and layout of ultraviolet (UV) facilities, and refined the costs and schedule necessary to complete the project. The new disinfection system would include structural modifications to convert the existing denitrification tanks to UV disinfection chambers, a UV system consisting of approximately 8,600 lamps, lamp-cleaning facilities, a new electrical substation, and sodium hypochlorite facilities. Sodium hypochlorite would replace existing chlorine facilities for odor control, sludge quality control, and disinfection of reclaimed water for in-plant use. The total project cost for the UV disinfection system is estimated to be approximately $14,000,000. This total project cost represents a decrease of approximately $3,700,000 from the previous preliminary estimate prior to the predesign. The reduction of costs is primarily due to a refinement of the design criteria. An agreement for $751,500 to complete the final design has been negotiated with Montgomery Watson (MW). MW is recommended to complete the final design based on its successful completion of the facility plan, pilot study, and predesign. The Ultraviolet Disinfection Project is included in the 1993-94 Capital Improvement Budget (CIB) on pages TP-16 through TP-17 under the title "Disinfection Facilities Improvements." On a cost basis, this project is a significant portion of the Treatment Plant Capital Improvement Program (CIP). Based on a review of potential environmental effects, however, staff has determined that this project is exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines Section 18.2, since it involves a minor alteration to existing wastewater facilities with little or no increase in capacity. The Board of Directors' approval of this project will constitute a finding of agreement with this determination unless otherwise indicated. RECOMMENDATION: Approve the Ultraviolet Disinfection Project, DP 20100, and authorize the General Manager-Chief Engineer to execute an agreement with Montgomery Watson for final design of the project; authorize filing of the Notice of Exemption. REWEWEDAND RECOMMENDED FOR BOARD AcnON ~~ 1302A-7/91 DJC wtJ3 WEB pi r RAB INITIATI.NG DEPT./DIV. Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 2 BOARD MEETING OF October 7, 1993 NO. 7. PERSONNEL a. SUBJECT DATE September 24, 1993 TYPE OF ACTION AUTHORIZE INTERNAL RECRUITMENT FOR BUYER 1/11 PERSONNEL SUBMITTED BY INITIATING DEPT./DIV. Cathryn Freitas, Personnel Officer Ad m i n istrative/Personnel ISSUE: Authorization is requested to limit the recruitment for a vacant Buyer 1111 position to qualified in-house candidates. BACKGROUND: Senior Buyer Bill Long has relocated to Reno, Nevada and his position has been filled through a Personnel Advancement. This leaves a vacant Buyer 1111 position. Given the staffing needs of the Purchasing Section for a minimum of three Buyers, staff has discussed with and received the recommendation of the Board Personnel Committee to fill the vacant Buyer 1/11 position under the condition that one District staff position be eliminated at the conclusion of the process. In order to achieve the goal of reducing the number of staff, staff would like to post the position for two weeks and limit recruitment to qualified in-house candidates only. It is acknowledged that limiting the posting of a vacancy to in-house employees is not in accordance with the Memorandum of Understanding between the Employees' Association, Public Employees' Local One and the District. However, in light of the District's attempts at cost reduction and avoiding layoffs, staff offered to meet and confer with representatives of Local One regarding this change in procedure. In lieu of meeting with the District, Local One held a general membership meeting and received concurrence from their membership that limiting the recruitment in this instance will provide a promotional opportunity for one of their members and is in the best interests of both parties. Enclosed is a copy of a letter from Mr. Scott Wildman, Business Agent, Public Employees' Local One verifying their agreement. RECOMMENDATION: Authorize staff to limit recruitment of the Buyer 1/11 position to qualified in- house candidates. INITIATI,NG DEPT./DIV. REVIEWED AND RECOMMENDED FOR BOARD ACTION U?;f 1302A-7/91 CRF CENTRAL CONTRA COSTA SANITARY DISTRICT EMPLOYEES ASSOCIATION - LOCAL #1 ------------------------------------------------------------------------------------------------ President Vice President AI Cambron Richard Boylan Secretary Treasurer BiU McEachen Ron Galloway Oct 4th, 1993 Mr Paul Morsen: In response to your Sept 16th request as to internal hiring/posting of the Buyer 1/11 opening to qualified candidates, your request has been approved by the CCCSDEA general membership. We understand the necessity of not filling any vacant positions resulting from this promotion; however, the general impact on personnel workload, safety, etc deserves ongoing evaluation. Sincerely, 4~ 4~ ~ //~ Allen Cambron :/ ~~l~ bm Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF BOARD MEETING OFQctober 7, 1993 NO. SUBJECT DATE 7. PERSONNEL b. September 27, 1993 DENY APPEAL OF DISCIPLINARY ACTION BY UNION ON BEHALF OF FRANK SHEA, MAINTENANCE CREW MEMBER II, IN ACCORDANCE WITH ARBITRATOR'S RECOMMENDATION TYPE OF ACTION PERSONNEL SUBMITTED BY INITIATING DEPT./DIV. Paul Morsen, Deputy General Manager Administrative ISSUE: In accordance with the Disciplinary Procedure in the current 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 may adopt, reject, or modify the recommendation of an appointed neutral third party (arbitrator) in appealed disciplinary matters. BACKGROUND: Maintenance Crew Member II Frank Shea received a Notice of Intent to Suspend for five days for misconduct in a letter dated February 19, 1993, from Collection System Operations Department Manager John Larson. The proposed suspension was imposed by the District because Mr. Shea failed to attend the luncheon meeting at which the CSO Annual Safety Awards were presented in December, 1992. Mr. Shea failed to obtain prior permission to not attend the recognition event with knowledge that the attendance was mandatory. Mr. Shea had also failed to attend a similar presentation event in December, 1990. The Board authorized the selection of an arbitrator to hear the appeal and make a recommendation to the Board for their consideration. Mr. Kenneth Silbert was selected and served as the arbitrator. His decision is being transmitted under separate cover for the Board's information. He ruled on the following issue: Is the five-day suspension of Frank Shea for just cause, and if not, what is the appropriate remedy? In his award, Mr. Silbert states; "The five-day suspension of Frank Shea is for just cause to the extent it is based upon alleged misconduct." The Secretary of the District notified the Union that this issue would be on the Board's October 7, 1993 agenda. The Union representatives were invited to attend if desired. RECOMMENDATION: Deny and dismiss the appeal of Maintenance Crew Member II Frank Shea in accordance with the Arbitrator's recommendation, as the final action of the District. REVIEWED AND RECOMMENDED FOR BOARD ACTION 1302A-7/91 PM Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 13 BOARD MEETING OF October 7, 1993 NO. 7. PERSONNEL c. SUBJECT ADOPT AN ORDINANCE TO AMEND THE DISTRICT CODE ADDING CHAPTER 4.32; ADOPT AMENDED CLASSIFICATION SPECIFICATIONS DATE September 24, 1993 TYPE OF ACTION PERSONNEL ~~~m:ynBFreitas, Personnel Officer IN./.TIl\TING DEpT./QLV. Acmlnlsuatlve/Personnel ISSUE: Amendments to the District Code adopting an ordinance to provide a policy against disability discrimination must be approved by the Board. Changes to employee classification specifications must be approved by the Board. BACKGROUND: The Americans with Disabilities Act of 1990 was signed into law on July 26, 1990. It states, in part, "No employer shall discriminate against a qualified individual with a disability because of such individual's disability with regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensations, job training, and other terms, conditions, and privileges of employment." Title I regulations affecting employment provisions were promulgated with an effective date of July 26, 1992. For the past fourteen months, staff has worked to develop the policy, develop the procedure, and rewrite all the classification specifications. The Act requires the governing body of a public agency to adopt a policy against disability discrimination. In order to comply with the Act, staff has prepared two items for your approval: First, the Disability Discrimination Policy simply, but forcibly, states the District will not tolerate discrimination on the basis of disability in the hiring process or as a condition of employment, Le., placements, promotions, discipline, lay-offs, recalls, transfers, leaves, compensation, or training. The District also does not condone retaliation against someone who files a complaint; will investigate all complaints; and will take appropriate discipline up to and inCluding termination as necessary. This policy has been reviewed by the District's labor counsel. See attachment A. Second, each Board member has received a reference binder titled Attachment B containing all of the District's class specifications as amended to comply with ADA. The Act requires employers to provide reasonable accommodation to otherwise qualified individuals with a disability, either eligible candidates for employment or employees, who can perform the essential functions of a position. In order to comply with reasonable accommodation requirements, existing classification specifications must identify those duties for each position that are essential to the performance of the job. The physical and mental requirements for performance of these essential functions must be also be identified. As you may recall, this classification work was undertaken by Shannon and Associates, a Sacramento consulting firm. Each employee, supervisor, and manager had opportunities for input REVIEWED AND RECOMMENDED FOR BOARD ACTION CRF \ INITIATI,NG DEPT./DIV. ADOPT AN ORDINANCE TO AMEND THE DISTRICT CODE ADDING CHAPTER 4.32; ADOPT AMENDED CLASSIFICATION SPECIFICATIONS SUBJECT PAGE DATE 2 OF 13 PERSONNEL into the process, but the ultimate classification study was performed by Shannon with coordination and review responsibilities performed by Personnel Analyst II Darlene Ross. Because any change in class specifications is subject to meet and confer, staff has met with the effected bargaining units and incorporated their concerns or additions, which were limited to minor word changes. The Management Support/Confidential Unit agreed to the classification specifications as authored in Attachment C. Also attached is a letter (Attachment D) from Scott Wildman, Business Agent, Local One in general agreeing to the changes as presented. His letter does state that he believes some individuals may be worthy of additional compensation because their class specifications reflect changes in duties. This may be interpreted as the Union's forewarning they will be, during 1 994 contract negotiations, asking for salary adjustments for individuals in several classifications who feel they have experienced changes in their duties due to technological advances, Le. computer and computer-aided drafting programs. The law also requires a formal written complaint procedure. For your information, enclosed as Attachment E is the Personnel Procedure, Compliance with the Americans with Disabilities Act, which restates the policy against discrimination and provides a detailed complaint procedure. Within the complaint procedure are the steps to be followed in filing and investigating any complaint and the pertinent definitions which will be used to judge the complaint. These definitions were taken from the regulations issued by the U.S. Equal Employment Opportunity Commission. RECOMMENDATION: Adopt an ordinance to amend Chapter Four, adding Sectipn .32, District Disability Discrimination Policy with the ADA. Adopt the amended classification specifications. 13028-7/91 ORDINANCE NO. AN ORDINANCE OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT ADDING SECTIONS 4.032.010, 4.032.020 AND 4.032.030 DISABILITY DISCRIMINATION POLICY The Board of Directors of the Central Contra Costa sanitary District does hereby ordain as follows: section 1. The Code is hereby amended to add: "section 4.032.010. Prohibited." "A. Discrimination on the basis of disability against an applicant or an employee who is a qualified individual with a disability, by a supervisor, management employee, or a co-worker is not condoned and will not be tolerated. This policy applies to the job application process, and to all terms and conditions of emploYment including, but not limited to, hiring, placement, promotion, disciplinary action, layoff, recall, transfer, leave of absence, compensation, and training." "Section 4.032.020. Retaliation prohibited." "A. Any retaliation against a person for filing a discrimination charge or making a discrimination complaint is prohibited and shall subj ect the offending party to the disciplinary process. Reasonable steps shall be taken to protect the victim from retaliation as a result of making a complaint." "section 4.032.030. Report and investiaation." "A. All complaints of discrimination on the basis of disability will be promptly and objectively investigated. Disciplinary action up to and including termination will be instituted for behavior found to be discriminatory. Ordinance No. Page 2 section 2. The ordinance shall be a general regulation of the District and shall be published once in the Contra Costa Times, a newspaper of general circulation, published and circulated within the Central Contra Costa Sanitary District and shall be effective one week following publication. PASSED AND ADOPTED by the Board of Directors of the Central Contra Costa Sanitary District on the 7th day of October, 1993 by the following vote: AYES: NOES: ABSENT: Members: Members: Members: President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California Approved as to Form: Kent AIm District Counsel Central Contra Costa Sanitary District SO]~) Imholl I'ldC~. j\ldrtln~z. CilllorJlld <j4SS:I~4:l~):Z (S]O) (jKl)~:IK<jO . FdX: (S]O) (iih i:Zl] September 28, 1993 ROGER J. DOLAN General Manager Chief Engineer Mr. Doug Craig President Management Support/ Confidential Group 5019 Imhoff Place Martinez, CA 94553 KENTON L. ALM Counsel (or the District (510) 938~1430 JOYCE E. MURPHY Secretary o( the District Dear Mr. Craig: It is agreed by the Management Support/Confidential Group and District Management that the classification specifications for those District positions in the Management Support/Confidential Group are acceptable as submitted in September, 1993. The classification specifications, as updated in accordance with Americans with Disabilities Act (ADA) guidelines, were agreed to in meet and confer sessions held in May, 1993. It is acknowledged by both parties that these updated classification specifications will become the District's official job descriptions if approved by the Board of Directors. aul Morsen Deputy General Manager PM:dr Agreed: (\ l)"~~~ Doug ~ ~. _.~ @ Recycled Paper HOB September 23, 1993 SEND VIA FAX &: U. S. MAIL Ms. Cathryn Freitas Personnel Director Central Contra Costa Sanitary District 6019 Imhoff Place Martinez, CA 94553 L"d~@~~\0~m SfP 2 4 199,5 C:,-:Sj ADM'Nn;,rH~TIO.1 Dear Cathryn, This letter will confirm issues of general agreement during the meet and confer process relating to the District's efforts to update policies and procedures and specific job classification de,scriptions in accordance with newly adopted ADA guidelines. Local One found these discussions cordial and productive, if not expeditious, and are certain that these modifications will clarify future procedures. Local One had and still does entertain the belief that changes in some job classifications exceeded the limited scope of the ADA requirements and thus reserves the right to investigate and negotiate pay and equity issues that may arise in situations where certain added duties and standards in any classification warrants additional consideration in terms of compensation. If, in fact, it is determined that changes in any job descriptions include duties of a higher or a different classification, we will pursue this issue and will also ask for any negotiated compensation agreements to be enacted retroactive to the date of the implementation of the new ADA classifications and policies. It is our understanding that these changes will have no significant impact on current employees and that traditional and contractual policies and practices such as, but not limited to, the assignment of light duty when available will not be altered. We again appreciate the efforts of the District in this regard and as always wish to underscore the importance of cooperative endeavors such as this in cementing Labor Management communication and cooperation and benefiting all the stakeholders, the public, the employees and the District's Administration. Sincerely, ~,~ Scott Wildman Business Agent PUBLIC EMPLOYEES ....... UNION, LOCAL ONE cc: Al Cambron Rich Boylan Paul Morsen ~ Central Contra Costa Sanitary District No. Personnel procedure Effective 1 0/7/93 Subject COMPLIANCE WITH THE AMERICANS WITH DISABiliTIES ACT Established by: Paul Morsen, Deputy General Manager This procedure is written in conformance with the policy set by the Board in the Contra Costa Sanitary District Code, Chapter 4.32.010 - 4.32.030, discrimination on the basis of disability and in compliance with the federal regulations issued by the U. S. Equal Employment Opportunity Commission. Discrimination on the basis of disability against an applicant or an employee who is a qualified individual with a disability, by a supervisor, management employee, or co-worker is not condoned and will not be tolerated. This policy applies to the job application process, and to all terms and conditions of employment including, but not limited to, hiring, placement, promotion, disciplinary action, layoff, recall, transfer, leave of absence, compensation and training. Any retaliation against a person for filing a discrimination charge or making a discrimination complaint is prohibited and shall subject the offending party to the disciplinary process. Reasonable steps shall be taken to protect the victim from retaliation as a result of making a complaint. All complaints of discrimination on the basis of disability will be promptly and objectively investigated. Disciplinary action up to and including termination will be instituted for behavior found to be discriminatory. A. Discrimination on the basis of disability means: . to limit, segregate, or classify a job applicant or employee in a way that may adversely affect opportunities or status because of the applicant's or employee's disability; . to participate in a contract which could subject an applicant or employee with a disability to discrimination; . to use any standards, criteria, or method of administration which could have the effect of discriminating on the basis of disability; ----- l Sheet 1 of 7 1212A-9/90 . to deny equal jobs or benefits because of a disability; . to fail to make reasonable accommodations to known physical or mental limitations of an otherwise qualified individual unless it can be shown that the accommodation would impose an undue hardship; . to use selection criteria which exclude disabled persons unless the criteria is job-related and consistent with business necessity; and . to fail to use employment tests in a manner that ensures that the test results accurately reflect the applicant's or employee's skills or aptitude for a particular job. B. The complaint procedure shall include 1.-8. below. 1 . A job applicant or employee who believes he or she has been discriminated against on the basis of disability may make a written complaint as soon as possible after the incident to: (a) complainant's immediate supervisor; (b) complainant's department head; or (c) the Personnel Officer or designated representative. In order to facilitate the investigation, the complainant must submit the complaint within 30 days of the alleged incident(s). 2. The complaint shall include: . a description of the offending behavior(s) or violations; . date(s), time(s), and location(s) of incident(s); . name(s) of alleged offender(s) . name(s) of witnesses, if any; and . remedy desired. 3. Complainant's immediate supervisor or department head shall refer all complaints received to the Personnel Officer. 4. Upon receipt of a complaint, the Personnel Officer shall investigate all charges. The investigation shall include interviews with: (a) the complainant; (b) the person(s) allegedly engaged in discrimination; and (c) any other person the Personnel Officer believes to have relevant knowledge concerning the complaint. 5. Upon completion of the investigation, the Personnel Officer shall review factual information gathered through the investigation to determine whether the alleged conduct constitutes discrimination, giving consideration to all factual information, the totality of the I Sheet 2 of 7 12128-9/90 circumstances, including the nature of the alleged discriminatory conduct and the context in which the alleged incidents occurred. 6. The Personnel Officer shall then prepare a written report setting forth the results of the investigation and the determination as to whether discrimination occurred. The results of the investigation shall be conveyed to appropriate persons including to the complainant, the person(s) allegedly engaged in discrimination, the supervisor, and the department head. 7. If it is determined that discrimination occurred, swift and appropriate disciplinary action will be commensurate with the severity and/or frequency of the offense. 8. District employees represented by Public Employees' Union, Local One, may utilize the District grievance procedure in the event they are dissatisfied with the District's actions taken as a result of the investigation. 9. Reasonable steps shall be taken to protect the victim and other potential victims from further discrimination. The following definitions shall apply to Sections 4.32.010 and 4.32.030 as follows: A. DisabilitY "Disability" is: (1) a physical or mental impairment that substantially limits one or more major life activity; or (2) having a record of such an impairment; or (3) being regarded as having such an impairment. B. Physical or Mental Impairments Physical or mental impairments include, but are not limited to: VISion, speech and hearing impairments; emotional disturbance and mental illness; seizure disorders; mental retardation; orthopedic and neuromotor disabilities; learning disabilities; diabetes; heart disease; nervous conditions cancer; asthma; Hepatitis B; HIV infection; and drug addiction if the addict has successfully completed or is participating in a rehabilitation program and no longer uses illegal drugs. The following conditions are not physical or mental impairments: transvestism; illegal drug use; homosexuality and bisexuality; compulsive gambling; kleptomania; pyromania; pedophilia; exhibitionism and voyeurism; pregnancy; height; weight; eye color; hair color; left-handedness; poverty; lack of education; a prison record; and poor judgment or quick temper if not symptoms of a mental or physiological disorder. C. Substantial Limitation of Major Life Activities I Sheet 3 of 7 1212B-9190 An individual is disabled if he or she has a physical or mental impairment that (a) renders him or her unable to perform a major life activity, or that (b) substantially limits the condition, manner, or duration under which he or she can perform a particular major life activity in comparison to other people. Major life activities are functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. 1. In determining whether physical or mental impairment substantially limits the condition, manner, or duration under which an individual can perform a particular major life activity in comparison to other people, the following factors shall be considered: a. the nature and severity of the impairment; b. the duration or expected duration of the impairment; and c. the permanent or long-term impact (or expected impact) of or resulting from the impairment. 2. In determining whether a physical or mental impairment substantially limits an individual with respect to the major life activity of "working", the following factors may be considered: a. the geographical area to which the individual has reasonable access; b. the job from which the individual has been disqualified because of an impairment and the number and types of jobs within that geographical area utilizing similar training, knowledge, skills, or abilities from which the individual is also disqualified because of the impairment; and/or c. the number and types of other jobs within that geographical area not utilizing similar training, knowledge, skills, or abilities (to the job from which disqualified) from which the individual is also disqualified because of the impairment (broad range of jobs in various classes). D. Having a Record of Impairment An individual is disabled if he or she has a history of having an impairment that substantially limits the performance of a major life activity; or has been diagnosed, correctly or incorrectly, as having such an impairment. E. Regard as Having a Disability An individual is disabled if he or she is treated or perceived as having an I Sheet 4 of 7 12128-9/90 impairment that substantially limits major life activities, although no such impairment exists. F. Qualified Individual With a Disability A "qualified individual with a disability" is a person who (1) satisfies the job related requirements for the position, and (2) can perform the "essential functions" of the position despite their disability, or who (3) with "reasonable accommodation" can perform the essential functions of the position. 1 . Satisfies Job-Related Requirements Satisfying the jOb-related requirements of the position means that the disabled individual possesses the appropriate educational background, employment experience, skills, and license required for the position: 2. Essential Functions Essential functions are the fundamental duties of a position. Marginal or peripheral functions of a position are not essential functions. A function may be essential because: a. the reason the position exists is to perform that function; b. of the limited number of employees available among whom the performance of that job function can be distri~uted; and c. it is highly specialized and requires specific expertise or skill to perform. The following factors shall be considered in determining whether a function is essential: the District's judgement as to which functions are essential; written job descriptions; the amount of time spent on the job performing the function; the consequences of not requiring the performance of the function; the terms of a collective bargaining agreement or MOU; and the work experience of past and present incumbents in the position. 3. Accommodation If the individual cannot perform the essential functions despite their disability, a determination must be made whether reasonable accommodation would enable the individual to perform the essential functions of the position. I Sheet 5 of 7 12128-9/90 '. Accommodation is any change in the work environment or in the way things are customarily done that enables a disabled individual to enjoy equal employment opportunities. Accommodation means modifications or adjustments: a. to a job application process to enable an individual with a disability to be considered for the position; b. to the work environment in which a position is performed so that a disabled person can perform the essential functions of the position; and c. that enable disabled individuals to enjoy equal benefits and privileges of employment as other similarly situated employees without disabilities enjoy. Accommodation includes making existing facilities and equipment used by employees readily accessible to and usable by individuals with disabilities. If a qualified individual with a disability requests the provision of a reasonable accommodation, the District shall engage in an informal, interactive process with the disabled person which identifies the precise limitations resulting from the disability and the potential accommodations that could overcome those limitations. The accommodation process shall generally involve five steps. . The District shall analyze the particular job at issue and determine its purpose and essential functions. . The District shall consult with the disabled individual to ascertain the precise job-related limitations imposed by the individual's disability. . The District shall consult with the disabled individual to identify potential accommodations. . The District shall assess the effectiveness of each potential accommodation with regard to enabling the individual to perform the essential functions of the position. . The District shall consider the preference of the individual to be accommodated and select and implement the accommodation that is most appropriate for the employee and the District. Accommodation applies to: . all employment decisions and to the job application process; I Sheet 6 of 7 1212B-9190 . all services and programs provided in connection with employment; . non-work facilities provided by the agency to all employees; and . known disabilities only. Accommodation is not required if: . it eliminates essential functions of a position from the disabled individual's job; or . adjustments or modifications requested are primarily for the benefit of the disabled individual. The District will not provide an accommodation that imposes an "undue hardship" on the operation of the District's business. Undue hardship means significant difficulty or expense incurred in the provision of accommodation. Undue hardship includes but is not limited to financial difficulty. Undue hardship refers to any accommodation that would be unduly costly, extensive, substantial, or disruptive, or that would fundamentally alter the nature or operation of the business. Whether a particular accommodation will impose an undue hardship is determined on a case-by-case basis. The following factors will be considered in determining whether an accommodation would create an undue hardship: the nature and cost of the accommodation; the financial resources of the District; the number of employees; and the type of operations of the District, including the composition and functions of its workforce. I Sheet 7 of 7 12128-9/90 ~ Central ~~~~~ g~~~R~~~g'R~ ..Iistrict PAGE 1 OF 2 POSITION PAPER BOARD MEETING OF October 7, 1 993 NO. 3. CONSENT CALENDAR c. SUBJECT DATE September 24, 1993 QUITCLAIM SEWER EASEMENTS LOCATED WITHIN SEVEN LOTS OF SUBDIVISION 7307 TO THE PRESENT PROPERTY OWNERS, JOB 4758, PARCEL 1, WALNUT CREEK AREA TYPE OF ACTION APPROVE QUITCLAIM OF SEWER EASEMENTS SUBMITTED BY Dennis Hall, Associate Engineer INITIATING DEPT.lDIV. Engineering Dept.llnfrastructure Division ISSUE: Sun Capitol/Crown Pointe, the developer of Subdivision 7307, has requested that the District quitclaim the subject easements. BACKGROUND: The subject easements located within Lot Nos. 3, 4, 5, 7, 8, 9, and 10 were created when the map of Subdivision 7307 was filed on June 18, 1992. Subsequently, the sewer system for the subdivision was redesigned and new sewer easements were created. The public sewer system has been constructed in the replacement sewer easements. Therefore, the original easements are no longer required and can be quitclaimed. The Developer has paid the District's processing fee. The ownership of several of the affected lots has changed since the quitclaims were requested. Therefore, four separate Quitclaim Deeds must be executed; one for Sun Capitol/Crown Pointe, one for James K. and Caroline V. Carter, and two for Western Centaur Corporation. The project has been evaluated by staff and determined to be exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines Section 18.6, since it involves a minor alteration in land use limitations. RECOMMENDATION: Approve Quitclaim Deeds to Sun Capitol Crown Pointe, James K. and Caroline V. Carter, and Western Centaur Corporation, Job No. 4758, authorize the President of the District Board of Directors and the Secretary of the District to execute said Quitclaim Deeds, and authorize the Quitclaim Deeds to be recorded. ~Ir ~ REVIEWED AND RECOMMENDED FOR BOARD ACTION INITIA TING DEPT.lDIV. 1302A-9/85 DH JSM RAB ~ ?.E~KS --, () , ,~V~ , '-- QUITCLAIM EASEMENTS 1 JOB 4758 PARCEL 1 WALNUT CREEK AREA ~ Central ~g~:~ g~~~R~~~:'~~ .Jistrict PAGE 1 OF 2 POSITION PAPER BOARD MEETING OF October 7 1993 NO. 3. CONSENT CALENDAR d. September 23, 1993 SUBJECT DATE AUTHORIZE THE EXECUTION OF A CONSENT TO DEDICATION TO CONTRA COSTA COUNTY (JOB 1583 - PARCEL 43) M.S.36-90 (WALNUT CREEK AREA) TYPE OF ACTION APPROVE CONSENT TO DEDICATION r INITIATING DEPT./DIV. Engineering Department Infrastructure Division ISSUE: The county requires a "Consent to Dedication" whenever an area dedicated for public road purposes encroaches upon an existing easement. BACKGROUND: A portion of Parcel A of Minor Subdivision, M.S. 36-90, is being dedicated to the county for widening the public road known as Danville Boulevard. An existing public sewer easement is located within the dedicated area. Since the easement precedes the dedication of the public roads, a Consent to Dedication is needed. A standard consent document will be u~ed in which the District retains prior rights. This project has been evaluated by staff and determined to be exempt from the California Environmental Quality Act (CEOA) under District CEOA Guidelines Section 18.6, since it involves a minor alteration in land use limitations. RECOMMENDATION: Approve the Consent to Dedication to Contra Costa County, M.S.36-90, Job No. 1583, authorize the President of the District Board of Directors and the Secretary of the District to execute said document and authorize its recording by Contra Costa County. REVIEWED AND RECOMMENDED FOR BOARD ACTION 1302A-9/85 DH JSM RAB /7~ ';(#1 I' '? . .. VICINITY MAP N.T.S. -~------'--- -- ~~ ---- -- IV -- ---_ -~Z~4._r----_ - - _ 55.00'- ~ ----__ - Co Ih. ..: N Il'l 01 ~- : ~I ~I:f ~ I I ;:"'~.f': J.... I "!I:"'. I ~I g:1~" ~ -~.: 0 I ~I Nt! ~ 1"'1 :.' 10' PSDE---t o' : Z n . IN: I ZI', I.! I ill! AREA DEDICATED TO CONTRA COSTA +-t-rl COUNTY FOR ROADWAY PURPOSES ! ., ~ I!! I , II~~ 0J ,'.' /~~ Iii! /'l)'};':' (,/~'O\ 'o~ /1 M ~ \~. /.:. ~ / \ 5' S.S.E. PER . 2968 OR 127 TO CCCSD FOR INSTAlLATION AND MAINTENANCE OF THEIR FACIUTIES o ....) ~ N66"2J'34"E 4.23' ;,{H 2968 5~:'~2~ 0 ~ ~ ;;;ii. N1_..t '>.1~ 14.26 . jIfl PRIVATE ACCESS de ~ ~Ni!f UTIlITY EASEMENT ~ ~ jffifWfff t3 94' 'it! - ~ ~'i#J - "lf~.:.:. "l ('.I,,:cY.::::': PARCEL A ~+ ~llJjff o -li:=-:':':' - 9f~. ~ €_~ '2.2:1 N6S.32'04" E 10.00'1 ...k, ~ 10.00' S.D.E. PER 17178 OR 439 "0 .... o ~ CD It) AREA OF CONSENT "AREA DEDICATED TO CONTRA COSTA COUNlY FOR ROADWAY PURPOSES" 5' S.S.E. DETAIL CONSENT TO DEDICATION JOB 1583 PARCEL 43 WALNUT CREEK AREA s:i ~ ~ ~ '" ~ ~ ~ ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 2 BOARD MEETING OF October 7, 1993 NO. 3. CONSENT CALENDAR e. SUBJECT ACCEPT TEMPORARY RIGHT TO ENTER FROM CONTRA COSTA COUNTY AT NO COST TO THE DISTRICT, DISTRICT PROJECT 20131, PARCEL 005, CONCORDI PLEASANT HILL AREA DATE Se tember 27 1993 TYPE OF ACTION ACCEPT TEMPORARY RIGHT TO ENTER SUBMITTED BY INITIATING DEPT./DIV. Michael J. Penny, Assistant Engineer Engineering Dept.llnfrastructure Div. ISSUE: The subject Right to Enter is required for the installation of a portion of the interceptor sewer and reclaimed water line which will be constructed as part of the Pleasant Hill Relief Interceptor Project. BACKGROUND: The property owned by Contra Costa County is located on the northwest side of the Buchanan Fields Golf Course at 3330 Concord Avenue, Concord. The property is shown on the attached map, Exhibit A. Construction in the vicinity of the Golf Course is scheduled for 1 994. Recently the Board approved an Acquisition Agreement for real property with Buchanan Fields Golf Course, Inc. The underlying land, however, is owned by the County. Staff is currently negotiating with the County for permanent easement rights. To avoid delaying Phase 1 and 2 of the Pleasant Hill Relief Interceptor, the County is granting the District a Temporary Right to Enter for construction of the Interceptor. Staff has negotiated with the County to reach mutually agreeable terms for the Right to Enter. The Right to Enter will establish: 1) A permit to enter and construct until December 31, 1994, including a provision to extend this date, 2) a requirement to notify the Manager of Airports prior to construction, 3) indemnification of the County by the District for negligent actions by the District, 4) the County's right to require the District to rectify unsafe conditions on the project, and 5) the Grant of Easement form to be used for conveyance of the permanent easement rights. The acquisition of the formal easement from Contra Costa County is a separate agreement and will be brought before the Board at a later time. That agreement will include payment to the County for the value of temporary and permanent easements. RECOMMENDATION: Accept the Temporary Right to Enter from Contra Costa County, District Project No. 20131, Parcel 005. Authorize the President of the Board of Directors and Secretary of the District to sign the Temporary Right to Enter. REWEWEDANDRECOMMENDEDFORBOARDAcnON 'l7/W JJ/#[J INITIATING DEPT./DIV. 1302A-7/91 MJP TJP JSM RAB ) I~ o FEET f\'"""\'"\l AREA SUBJECT ~ TO TEMPORARY RIGHT TO ENTER i 1 .).. ~ J: Cl ~ ~ :! :: ~ ~ c CJ> D o <- " , ,- <- " "- '" >-, '" o t) L '" :J '- '" " Central Contra Costa Sanitary District S-; '" ., "- w v; I 00 r'1 170 ~' ~ EXIST:G CCCSD SEWER EASEMENT EXISTING CONCRETE PAD 102' SANITARY SEWER 30' PERMANENT EASEMENT AFFECTED TEE LOCATION MAP CONTRA COSTA COUNTY RIGHT TO ENTER Job No, 20131 Concord/Pleasant Hill Area EXHIBIT A ~ Centra~ ~ontra Costa Sanitary Jistrict ~d~"1k BOARD OF DIRECTORS PAGE 1 OF 2 POSITION PAPER BOARD MEETING OF October 7, 1 993 NO. 3. CONSENT CALENDAR f. ~eptember 20, 1993 SUBJECT ACCEPT THE CONTRACT WORK FOR THE LEGION COURT SEWE REPLACEMENT PROJECT, DP 4910, IN LAFAYETTE, AND TYPEOF~t~CONmACT AUTHORIZE FILING THE NOTICE OF COMPLETION WORK INITIATING DEPT./OIV Engineering Department Infrastructure Division ISSUE: Construction has been completed on the Legion Court Sewer Replacement Project, DP 4910, in Lafayette, and the work is now ready for acceptance. BACKGROUND: This project was part of an ongoing program to rehabilitate deteriorated sewers within the District's service area. The project consisted of abandoning and relocating the existing sewer mains from backyard easements to public and private road areas. As part of the project, approximately 3,100 feet of 8-inch and 10-inch main line sewer pipe were installed. Also included were 16 new manholes and reconnection of 27 existing laterals. The project location is shown on Attachment 1 and is described in the 1993-94 CIB on pages CS- 44 and 45. On March 18, 1993, the Board of Directors authorized the award of a contract for construction of the project to D. W. Young Construction Company of Union City. The Notice to Proceed was issued on May 20, 1993, with a specified completion date of October 17, 1993. The contract work is substantially completed. The remaining work consists of minor punch list items which do not affect the project acceptance. The total authorized budget for the project including the cost of design, construction management and the contract work is $905,000. A detailed accounting of the project costs will be provided to the Board at the time of project close out. It is appropriate to accept the contract work at this time. RECOMMENDATION: Accept the contract work for the construction of the Legion Court Sewer Replacement Project, DP 4910, in Lafayette, and authorize the filing of the Notice of Completion. REVIEWED AND RECOMMENDED FOR BOARD ACTION INITIATING DEPT./OIV. tIr /7l/ 1302A-9/85 TAT HT JSM fJldfl RAB \--rldden I I ~ N ~ ORINDA c C> D o o '" 7 ". o '" 7 ... " o ~ C> +- 'I- L " N L if> ~ ... . . 1:--' I-:~ ::EI::J --' . .>- >-I!::: I-'U U;w <(.1- 0'1- zlW 0:::'>- o;~ :--' . .....""\ - PROJECT LOCATION Central Contra Costa Sanitary District " Nido ~d Ranch DIABLO Va I ley LA FA VETTE cnapel . . \ - 1 . . Corte Rinaldo I . . o I 600 800 200 400 FEET ATTACHMENT LEGION COURT SEWER PROJECT DISTRICT PROJECT 4910 1 PAGE 1 OF SUBJECT NO. 3. CONSENT CALENDAR g. AUTHORIZE THE ATTENDANCE OF RANDY SCHMIDT, ASSOCIATE ENGINEER, AT THE OCTOBER 25-26, 1993 ENVIRONMENTAL REMEDIATION CONTRACT COURSE IN SAN FRANCISCO AT A TOTAL COST OF $850 DATE September 27, 1993 TYPE OF ACTION AUTHORIZE ATTENDANCE SUBMITTED BY INITIATING DEPT./DIV. Lynne I. Putnam, Senior Engineer Engineering Department/Planning Division ISSUE: Approval by the Board of Directors is required for unbudgeted travel or if the expense will exceed $500. BACKGROUND: Randy Schmidt, Associate Engineer, is Project Manager for the Basin A Soil Remediation Project. Approximately 25 years ago, base petroleum by-product sludge from Shell Oil was disposed of at the District treatment plant site. Petroleum sludge was mixed with the soil in an attempt to strengthen the weak marsh soil in the old primary sludge ponds. Much of the material has been relocated in earth work projects over the years. Woodward-Clyde Consultants (WCC) assessed the extent of contamination of the treatment plant soil and summarized the results in the Preliminary Endangerment Assessment (PEA) which was finalized by the Department of Toxic Substances Control (DTSC) in January of 1993. DTSC is currently preparing a Consent Order for remediation of Basin A South. Attendance at the Environmental Remediation Contracting Course will give Mr. Schmidt the specialized knowledge needed to effectively contract for the Basin A Remediation. Specialized training requirements for this project were described in the 1993-94 Capital Improvement Budget. Funds are available in District Project 20113: Treatment Plant Soil Remediation Project to cover the cost of this course. RECOMMENDATION: Authorize the attendance of Randy Schmidt, Associate Engineer, at the October 25-26, 1993 Environmental Remediation Contract Course in San Francisco at a total cost of $850. REVIEWED AND RECOMMENDED FOR BOARD ACTION RS LIP RAB INITIATING DEPT./DIV. CLI..- J7fS 1302A-7/91 Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 6 BOARD MEETING OF October 7, 1993 NO. 3. CONSENT CALENDAR h. SUBJECT DATE September 29, 1993 ADOPT A RESOLUTION EXECUTING THE DECLARATION OF TRUST OF THE ICMA RETIREMENT TRUST TYPE OF ACTION EXECUTE DECLARATION OF TRUST SUBMITTED BY INITIATING DEPT./DIV. Debbie Ratcliff, Controller Administrative/Finance & Accounting ISSUE: The new Deferred Compensation provider, International City Management Association (ICMA) Retirement Corporation requires adoption of a resolution executing the Declaration of Trust of the ICMA Retirement Trust. BACKGROUND: The Board approved the addition of a third Deferred Compensation provider (ICMA) at the September 2, 1993 Board Meeting. ICMA has now indicated that it requires the adoption of the attached resolution executing the Declaration of Trust of the ICMA Retirement Trust. This Declaration provides the framework for the Trust to take the necessary investment actions on behalf of the District and is required for assets to be held by the Trust. Both the Declaration of Trust and the Resolution are attached. RECOMMENDATION: It is recommended that the Board adopt a resolution executing the Declaration of Trust of the ICMA Retirement Trust. INITIATI,NG DEPT./qIV. ,.J / /,', // ~/C4:L<:" :...--: 1302A-7/91 REVIEWED AND RECOMMENDED FOR BOARD ACTION RESOLUTION NO. 93-_ A RESOLUTION ADOPTING THE DECLARATION OF TRUST OF THE ICMA RETIREMENT TRUST WHEREAS, The Central Contra Costa Sanitary District (District) has employees rendering valuable services; and WHEREAS, the establishment of a deferred compensation plan for such employees serves the interests of the District by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility _in its personnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS, the District has determined that the establishment of a deferred compensation plan to be administered by the International City Management Association (ICMA) Retirement Corporation serves the above objectives; and WHEREAS, the District desires that its deferred compensation plan be administered by the ICMA Retirement Corporation, and that the funds held under such plan be invested in the ICMA Retirement Trust, a trust established by public employers for the collective investment of funds held under their retirement and deferred compensation plans; NOW THEREFORE BE IT RESOLVED that the District has previously adopted a deferred compensation plan (the "Plan"); BE-H FURTHER RESOLVED that the District hereby executes the Declaration of Trust of the ICMA Retirement Trust, attached hereto, intending this execution to be operative with respect to any retirement or deferred compensation plan established or to be established by the District, if the assets of the plan or any portion of said assets as determined by the District are to be invested in the ICMA Retirement Trust. BE IT FURTHER RESOLVED that the Controller shall be the coordinator for this program; shall receive necessary reports, notices, etc., from the ICMA Retirement Corporation or the ICMA Retirement Trust; shall cast, on behalf of the District, any required votes under the ICMA Retirement Trust; may assign admin}strative duties to the appropriate departments to carry out the plan; and is ""!Iuthorized to execute all necessary agreements with ICMA Retirement Corporation incidental to the administration of the Plan. Resolution No. Page 2 Passed and adopted this 7th day of October, 1993, by the District Board of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California Countersigned: Secretary of Central Contra Costa Sanitary District, County of Contra Costa, State of California Approved as to form: Kenton L. Aim, District Counsel ADSlPosPaper #3/1 CMA.Res DECLARATION OF TRUST OF leMA RETIREMENT TRUST ARTICLE I. NAME DEFINITIONS Section 1.1 Name: The Name of the Trust, as amended and restated hereby, is the ICMA Retirement Trust.. Section 1.2 Definitions: Wherever they are used herein, the following terms shall have the following respective meanings: (a) Bylaws. The bylaws referred to in Section 4.1 hereof, as amended from time to time. (b) Deferred Compensation Plan. A deferred compensation plan established and maintained by a Public Employer for the purpose of providing retirement income and other deferred benefits to its employees in accordance with the provision of section 457 of the Intemal Revenue Code of 1954, as amended. (c) Employees. Those employees who participate in Qualified Plans. (d) Employer Trust. A trust created pursuant to an agreement between RC and a Public Employer for the purpose of investing and administering the funds set aside by such Employer in connection with its Deferred Compensation agreements with its employees or in connection with its Oualified Plan. (e) Guaranteed Investment Contract. A contract entered into by the RetirementT rust with insurance companies that provides for a guaranteed rate of return on investments made pursuant to such contract. (f) ICMA. The International City Management Association. (g) ICMAlRC Trustees. Those Trustees elected by the Public Employers who, in accordance with the provisions of Section 3.1 (a) hereof, are also members, or former members, of the Board of Directors of ICMA or RC. (h) Investment Adviser. The Investment Adviser that enters into a contract with the Retirement Trust to provide advice with respect to investment of the Tryst Property. (i) Portfolios. The Portfolios of investment established by the Investment Adviser to the Retirement Trust, under the supervision of the Trustees, for the purpose of providing investments for the Trust Property. (j) Public Employee Trustees. Those Trustees elected by the Public Employers who, in accordance with the provision of Section 3.1 (a) hereof, are full- time employees of Public Employers. (k) Public Employer Trustees. Public Employers who serve as trustees of the Qualified Plans. (I) Public Employer. A unit of state or local government, or any agency or instrumentality thereof. that has adopted a Deferred Compensation Plan or a Qualified Plan and has executed this D~ar~tion of Trust. (m) Qualified Plan. A plan sponsored by a Public Employer for the purpose of providing retirement income to its employees which satisfies the qualification requirements of Section 401 of the Internal Revenue Code, as amended. (n) RC. The Intemational City Management Association Retirement Corporation. (0) Retirement Trust. The Trust created by the Declaration of Trust. (p) Trust Property. The amounts held in the Retirement Trust on behalf of the Public Employers in connection with Deferred Compensation Plans and on behalf of the Public Employer Trustees for the exclusive benefit of Employees pursuant to Qualified Plans. The Trust Property shall include any income resulting from the investment to the amounts so held. (q) Trustees. The Public Employee Trustees and ICMAlRC.Trustees elected by the Public Employers to serve as members of the Board of Trustees of the Retirement Trust. ARTICLE II. CREATION AND PURPOSE OF THE TRUST; OWNERSHIP OF TRUST PROPERTY Section 2.1 Creation: The Retirement Trust is created and established by the execution of this Declaration of Trust by the Trustees and the Public Employers. Section 2.2 Purpose: The purpose of the Retirement Trust is to provide for the commingled investment of funds held by the Public Employers in connection with their Deferred Compensation and Oualified Plans. The Trust Property shall be invested in the Portfolios, In Guaranteed Investment Contracts, and in other invest- ments recommended by the Investment Adviser under the supervision of the Board of Trustees. No part of the Trust Property will be invested in securities issued by Public Employers. Section 2.3 Ownership of Trust Property: The Trustees shall have legal title to the Trust Property. The Public Employers shall be the beneficial owners of the portion of the Trust Property allocable to the Deferred Com- pensation Plans. The portion of the Trust Property allocable to the Qualified Plans shall be held for the Public Employer Trustees for the exclusive benefit of the Employees. ARTICLE III. TRUSTEES Section 3.1 Number and Qualification ofTrustees: (a)The Board of Trustees shall consist of nine Trustees. Five of the Trustees shall be full-time employees of a Public Employer (the Public Employee Trustees) who are authorized by such Public Employerto serve as Trustee. The remaining four Trustees shall consist of two per- sons who, at the time of election to the Board of Trustees, are members of the Board of Directors of ICMA and two persons who, at the time of election, are members of the Board of Directors of RC (the ICMNRC Trustees. One of the Trustees who is a director of ICMA, and one of the Trustees who is a director of RC, shall, at the time of election, be full-time employees of a Public Employer. (b) No person may serve as a Trustee for more than one term in any ten-year period. Section 3.2 Election and Term: (a) Except for the Trustees appointed to fill vacancies pursuant to Section 3.5 hereof, the Trustees shall be elected by a vote of a majority of the Public Employers in accordance with the procedures set forth in the By-Laws. (b) At the first election of Trustees, three Trustees shall be elected for a term ofthree years, three Trustees shall be elected for a term of two years and three Trustees shall be elected Tor a term of one year. At each subsequent election, three Trustees shall be elected for a term of three years and until his or her successor is elected and qualified. Section 3.3 Nominations: The'Trustees who are full-time employees of Public Employers shall serve as the Nominating Committee for the Public Employee Trust- ees. The Nominating Committee shall choose candi- dates for Public Employee Trustees in accordance with the procedures set forth in the By-Laws. Section 3.4 Resignation and Removal: (a) Any Trustee may resign as Trustee (without need for prior or subse- quent accounting) by an instrument in writing signed by the Trustee and delivered to the other Trustees and such resignation shall be effective upon such delivery, or at a later date according to the terms of the instru- ment. Any of the Trustees may be removed for cause, by a vote of a majority of the Public Employers. (b) Each Public Employee Trustee shall resign his or her position as Trustee within sixty days of the date on which he or she ceases to be a full-time employee of a Public Employer. Section 3.5 Vacancies: The term of office of a Trustee shall terminate and a vacancy shall occur in the event of the death, resignation, removal, adjudicated incompetence or other incapacity to perform the duties of the office of a Trustee. In the case of a vacancy, the remaining Trustees shall appoint such person as they in their discretion shall see fit (subject to the limitations set forth in this Section), to serve for the unexpired portion ofthe term of the Trustee who has resigned or otherwise ceased to be a Trustee. The appointment shall be made by a written instrument signed by a majority of the Trustees. The person appointed must be the same type ofTrustee (i.e., Public Employee Trustee or ICMA! RC Trustee) as the person who has ceased to be a Trustee. An appointment of a Trustee may be made in anticipation of a vacancy to occur at a later date by reason of retirement or resignation, provided that such appointment shall not become effective prior to such retirement or resignation. Whenever a vacancy in the number of Trustees shall occur, until such vacancy is filled as provided in this Section 3.5, the Trustees in office, regardless of their number, shall have all the powers granted to the Trustees and shall discharge all the duties imposed upon the Trustees by this Declara- tion. A written instrument certifying the existence of such vacancy signed by a majority of the Trustees shall be conclusive evidence of the existence of such va- cancy. Section 3.6 Trustees Serve in Representative Capacity: By executing this Declaration, each Public Employer agrees that the Public Employee Trustees elected by the Public Employers are authorized to act as agents and representatives of the Public Employers collec- tively. ARTICLE IV. POWERS OF TRUSTEES Section 4.1 General Powers: The Trustees shall have the power to conduct the business of the Trust and to carry on its operations. Such power shall include, but shall not be limited to, the power to: (a) receive the Trust Property from the Public Employers, Public Employer Trustees or other Trustee of any Employer Trust; (b) enter into a contract with an Investment Adviser providing, among other things, for the establishment and operation of the Portfolios, selection of the Guaranteed Investment Contracts in which the Trust Property may be invested, selection of the other investments for the Trust Property and the payment of reasonable fees to the Investment Adviser and to any sub-investment adviser retained by the Investment Adviser; (c) review annually the performance of the Investment Adviser and approve annually the contract with such Investment Adviser; (d) invest and reinvest the Trust Property in the Portfolios, the Guaranteed Interest Contracts and in any other investment recommended by the Investment Adviser, but not including securities issued by Public Employers, provided that if a Public Employer has directed that its monies be invested in specified Portfolios or in a Guaranteed Investment Contract, the Trustees of the Retirement Trust shall invest such monies in accordance with such directions; (e) keep such portion of the Trust Property in cash or cash balances as the Trustees, from time to time, may deem to be in the best interest of the Retirement Trust created hereby without liability for interest thereon; (f) accept and retain for such time as they may deem advisable any securities or other property received or acquired by them as Trustees hereunder, whether or not such securities or other property would normally be purchased as investment hereunder; (g) cause any securities or other property held as part of the Trust Property to be registered in the name ofthe Retirement Trust or in the name of a nominee, and to hold any investments in bearer from, butthe books and records of the Trustees shall at all times show that all such investments are a part of the Trust Property; (h) make, execute, acknowledge, and deliver any and all documents of transfer and conveyance and any and all other instruments that may be necessary or appropriate to carry out the powers herein granted; (i) vote upon any stock, bonds, or other securities; give general or special proxies or powers of attomey with or without power of substitution;exercise any conversion privileges, subscription rights, or other options, and make any payments incidental thereto; oppose, or consent to, or otherwise participate in, corporate reorganizations or to other changes affecting corporate securities, and delegate discretionary powers and pay any assessments or charges in connection therewith; and generally exercise any of the powers of an owner with respect to stocks, bonds, securities or other property held as part of the Trust Property; (j) enter into contracts or arrangements for goods or services required in connection with the operation of the Retirement Trust, including, but not limited to, contracts with custodians and contracts for the provision of administrative services; (k) borrow or raise money for the purposes of the Retirement Trust in such amount, and upon such terms and conditions, as the Trustees shall deem advisable, provided that the aggregate amount of such borrowings shall not exceed 30% of the value of the Trust Property. No person lending money to the Trustees shall be bound to see the application of the money lent or to inquire into its validity, expediency or propriety or any such borrowing; (I) incur reasonable expenses as required for the operation of the Retirement Trust and deduct such expenses from of the Trust Property; (m) pay expenses properly allocable to the Trust Property incurred in connection with the Deferred Compensation Plans, Qualified Plans, or the Employer Trusts and deduct such expenses from the portion of the Trust Property to whom such expenses are properly allocable; (n) payout of the Trust Property all real and personal property taxes, income taxes and other taxes of any and all kinds which, in the opinion of the Trustees, are properly levied, or assessed under existing or future laws upon, or in respect of, the Trust Property and allocate any such taxes to the appropriate accounts; (0) adopt, amend and repeal the bylaws, provided that such bylaws are at all times consistent with the terms of this Declaration of Trust; (p) employ persons to make available interests in the Retirement Trust to employers eligible to maintain a Deferred Compensation Plan under Section 457 or a Qualified Plan under Section 401 of the Internal Revenue Code, as amended; (q) issue the Annual Report of the Retirement Trust, and the disclosure documents and other literature used by the Retirement Trust; (r) make loans, including the purchase of debt obligations, provided that all such loans shall bear interest at the current market rate; (s) contract for, and delegate any powers granted hereunder to, such officers, agents, employees, auditors and attorneys as the Trustees may select, provided that the Trustees may not delegate the powers set forth in paragraphs (b), (c) and (0) of this Section 4.1 and may not delegate any powers if such delegation would violate their fiduciary duties; (t) provide for the indemnification of the Officers and Trustees of the Retirement Trust and purchase fiduciary insurance; (u) maintain books and records, including separate accounts for each Public Employer, Public Employer Trustee or Employer Trust and such additional separate accounts as are required under, and consistent with, the Deferred Compensation or Qualified plan of each Public Employer; and (v) do all such acts, take all such proceedings, and exercise all such rights and privileges, although not specifically mention herein, as the Trustees may deem necessary or appropriate to administer the Trust Property and to carry out the purposes of the Retirement Trust. Section 4.2 Distribution of Trust Property: Distributions of the Trust property shall be made to, or on behalf of, the Public Employer or Public Employer Trustee, in accor- dance with the terms of the Deferred Compensation Plans, Qualified Plans or Employer Trusts. The Trust- ees of the Retirement Trust shall be fully protected in making payments in accordance with the directions of the Public Employers, Public Employer Trustees or other Trustee of the Employer Trusts without ascertain- ing whether such payments are in compliance with the provision of the Deferred Compensation or Qualified Plans, or the agreements creating the Employer Trusts. Section 4.3 Execution of Instruments: The Trustees may unanimously designate anyone or more of the Trust- ees to execute any instrument or document on behalf of all, including but not limited to the signing or endorse- ment of any check and the signing of any applications, insurance and other contracts, and the action of such designated Trustee or Trustees shall have the same force and effect as if taken by all the Trustees. ARTICLE V. DUTY OF CARE AND LIABILITY OF TRUSTEES Section 5.1 Duty of Care: In exercising the powers hereinbefore granted to the Trustees, the Trustees shall perform all acts within their authority for the exclusive purpose of providing benefits for the Public Employers in connection with Deferred Compensation Plans and Public Employer Trustees pursuant to Quali- fied Plans, and shall perform such acts with the care, skill, prudence and diligence in the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims. Section 5.2 Liability: The Trustees shall not be liable for any mistake of judgment or other action taken in good faith, and for any action taken or omitted in reliance in good faith upon the books of account or other records of the Retirement Trust, upon the opinion of counsel, or upon reports made to the Retirement Trust by any of its officers, employees or agents or by the Investment Adviser or any sub-investment adviser, accountants, appraisers or other experts or consultant selected with reasonable care by the Trustees, officers or employees of the Retirement Trust. The Trustees shall also not be liable for any loss sustained by the Trust Property by reason of any investment made in good faith and in accordance with the standard of care set forth in Section 5.1. Section 5.3 Bond: No Trustee shall be obligated to give any bond or other security for the performance of any of his or her duties hereunder. ARTICLE VI. ANNUAL REPORT TO SHAREHOLDERS The Trustees shall annually submit to the Public Employers and Public Employer Trustees a written report of the transac- tions of the Retirement Trust, including financial statements which shall be certified by independent public accountants chosen by the Trustees. ARTICLE VII. DURATION OR AMENDMENT OF RETIREMENT TRUST Section 7.1 Withdrawal: A Public Employer or Public Em- ployer Trustee may, at any time, withdraw from this Retirement Trust by delivering to the Board of Trustees a written statement of withdrawal. In such statement, the Public Employer or Public Employer Trustee shall acknowledge that the Trust Property allocable to the Public Employer is derived from compensation de- ferred by employees of such Public Employer pursuant to its Deferred Compensation Plan or from contribu- tions to the accounts of Employees pursuant to a Qualified Plan, and shall designate the financial institu- tion to which such property shall be transferred by the Trustees of the Retirement Trust or by the Trustee of the Employer Trust. Section 7.2 Duration: The Retirement Trust shall continue until terminated by the vote of a majority of the Public Employers, each casting one vote. Upon termination, all of the Trust Property shall be paid out to the Public Employers, Public Employer Trustees or the Trustees of the Employer Trusts, as appropriate. Section 7.3 Amendment: 'The Retirement Trust may be amended by the vote of a majority of the public Employ- ers, each casting one vote. Section 7.4 Procedure: A resolution to terminate or amend the Retirement Trust or to remove a Trustee shall be submitted to a vote of the Public Employers if: (i) a majority of the Trustees so direct, or; (ii) a petition requesting a vote signed by not less that 25 percent of the Public Employers, is submitted to the Trustees. ARTICLE VIII. MISCELLANEOUS Section 8.1 Governing Law: Except as otherwise required by state or local law, this Declaration of Trust and the Retirement Trust hereby created shall be construed and regulated by the laws of the District of Columbia. Section 8.2 Counterparts: This Declaration may be ex- ecuted by the Public Employers and Trustees in two.or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. ~ Central ~~~~~ g~~~R~~~baR~ .Jistrict PAGE 1 OF 7 POSITION PAPER BOARD MEETING OF October 7, 1 993 NO. 5. BIDS AND AWARDS a. September 28, 1993 SU~fftHORIZE AWARD OF CONTRACT TO PRESSURE GROUT CO., AUTHORIZE THE GM-CE TO ALLOCATE $39,000 FROM THE COLLECTION SYSTEM CONTINGENCY ACCOUNT FOR THE MISCELLANEOUS TRENCH GROUTING PROJECT, D.P. 4974, IN ALAMO, DANVILLE, AND WALNUT CREEK DATE TYPE OF ACTION AUTHORIZE AWARD a= CXJ.JlRACf SUBMITTED BY Kris Kilgore Associate En ineer INITIATING DEPT/DIV. Engineering Department Infrastructure Division ISSUE: On September 27, 1993, bids for the Miscellaneous Trench Grouting Project, D.P. 4974, were received and opened. The Board of Directors must authorize award of the contract or reject bids within 50 days of the opening of the bids. Board authorization is required for contingency allocation of more than $25,000. BACKGROUND: During the past two years, and especially after the heavy rainstorms during the winter of 1992, portions of the existing trench settled creating sinkholes along the aO-inch diameter San Ramon Valley trunk sewer in Alamo and Danville and the 66-inch diameter sewer in Olympic Boulevard in Walnut Creek. The sinkholes developed to an extent that they became a potential safety hazard. Crews from the Collection System Operations Department excavated the sinkhole areas above the pipe bedding zone, backfilled with aggregate base material, and repaved the trenches. In February 1993, Woodward-Clyde Consultants was requested to analyze the cause of the settling and to recommend remediation for the problem. After taking boring samples and observing groundwater levels in the settlement areas, Woodward-Clyde concluded that the most likely cause of the sinkholes was that fine material in the pipe bedding zone was being washed by groundwater through the gravel bedding material in the pipe trench. Woodward-Clyde recommended that the pipe bedding zone in the sinkhole areas be pressure grouted. Without grouting the pipe bedding zone, additional fines from the backfill could be washed out during the future wet weather seasons and could become a safety hazard. Subsequently, District staff met with Woodward-Clyde staff to design a method of stopping groundwater flow through the trenches by installing concrete trench dams in the pipe bedding downstream of the sinkhole areas using pressure grouting methods. The plans and specifications for this trench grouting project were prepared by District staff. Approximately six areas will be grouted. Attachment Nos. 1 and 2 show the project locations. The project was advertised on September 15 and 20, 1993. The Engineer's pre bid estimate for the construction contract was $40,000. Bids ranging from $27,540 to $75,100 were received on September 27, 1993. A Summary of Bids is presented on Attachment No.3. The District staff conducted a technical and commercial review of the bids and concluded that the lowest responsible bidder is Pressure Grout Company for the amount of $27,540. REVIEWED AND RECOMMENDED FOR BOARD ACTION ~ll\(' KK RAB INITIATING DEPT/DIV. 1302A-9/85 SUBJECT AUTHORIZE AWARD OF CONTRACT TO PRESSURE GROUT CO., AUTHORIZE THE GM-CE TO ALLOCATE $39,000 FROM THE COLLECTION SYSTEM CONTINGENCY ACCOUNT FOR THE MISCELLANEOUS TRENCH GROUTING PROJECT, D.P. 4974, POSITION PAPER PAGE 2 OF 7 DATE September 28, 1993 District staff will administer the Contract and provide inspection services. A post-bid preco~struction estimate, based on the lowest responsible bid is presented in Attachment No.4. The estimated total project cost is $41,000. Funds previously allocated were $2,000. An additional allocation of $39,000 from the Collection System Program Contingency Account will be needed to complete the project, including the construction contract, construction management, and consultant services during construction. An allocation from the contingency account is required because the Miscellaneous Trench Grouting Project is not included in the 1993-94 Capital Improvement Budget. The current status of the contingency account is shown in Attachment No.5. RECOMMENDATION: Authorize award of contract in the amount of $27,540 to Pressure Grout Company as the lowest responsible bidder. Authorize the General Manager-Chief Engineer to allocate $39,000 from the Collection System Contingency Account for the Miscellaneous Trench Grouting Project, D.P. 4974. 13028 9' 8" c: <> '" ~ ~ '" ... - ... " '" ~ ... " ~ .. o ., " I- .. ~ ~ - .. o Central Contra Costa Sanitary District .. Q ... ... ~ ATTACHMENT MISCELLANEOUS TRENCH GROUTING PROJECT IRON HORSE TRAil 1 ~ N ~ "- "- "- "- "- "- "- '" "- "- " "- "- " " "- "- " " "- "- " " "- "- "" ~ "- " " "- " "- "- " "- " "- z -' ~ Z o r::a "- ~h "- "- ~..pS "- "- 7:.,,. "- "- ,.~ "- "- ~. "- "- 'qG.c "- "- . 7~ . "- ~ ~y "- "- "- "- 6'<90 "- "- "- I --FOLEY CT PRESSURE GROUT . TRENCH DAM DOWNSTREAM OF SINKHOLE OVER SEWER TRENCH J, JUNCTION STRUCTURE ". NO. 16.4 ~o- i~........ " c C> " ,.., o " ~ ~ ... "- N ... ~ ... "- ~ oJ) o ~ L oJ) " " o , 100 200 400 , FEET Centrol Contro Costo ~ Sanitary District ... C> ATTACHMENT MISCELLANEOUS TRENCH GROUTING PROJECT OLYMPIC BOULEVARD 2 ,.., '" '" I '" :::J ... I l"- N ATTACHMENT 3 Central Contra Costa Sanitary District SUMMARY OF BIDS PROJECT NO. 4974 - Miscellaneous Trench Groutina Project DATE Seotember 27. 1993 LOCATION Iron Horse Trail. Alamo. Danville and Olymoic Blvd.. Walnut Creek ENGR.EST.$40.000 # BIDDER BID PRICE (Name, teleohone & address) 1 Pressure Grout Company (510) 887-2244 $27,540 1975 National Avenue, Hayward CA 94549 2 Soil Engineering Construction (415) 367-9595 $68,295 927 Arguello Street, Redwood City CA 94063 3 FESCO Engineering (510) 284-3855 $75,100 3520 Golden Gate Way, Ste. 1250, Lafayette CA 94549 BIDS OPENED BY /s/ Joyce E. Murohy DATE 9/28/93 SHEET NO. -1- OF -1- ATTACHMENT 4 MISCELLANEOUS TRENCH GROUTING DISTRICT PROJECT NO. 4974 POST-BID/CONSTRUCTION ESTIMATE ITEM DESCRIPTION TOTAL PERCENT OF ESTIMATED CONSTRUCTION COST 1. Construction Contract $27,540 80% 2. Contingency at 25 % * 6,890 20% SubTotal $34,430 100% 3. Construction Management $ 4,570 13% 4. Pre bid Expenditure . Design $ 2,000 6% 5. Total Project Cost Estimate $41,000 6. Funds Authorized to Date $ 2,000 1.47% 7. Total Allocation of Funds to $39,000 Complete Project * A 25 % construction contingency was utilized because the project is small. ATTACHMENT 5 COLLECTION SYSTEM CONTINGENCY FUND ACCOUNT STATUS FOR THE PERIOD 9/9/93-10/8/93 COLLECTION SYSTEM CONTINGENCY FUND BALANCE AS OF 09/28/93 10,214,000 MINUS CURRENT ALLOCATION REQUEST 39,000 REMAINING BALANCE 10,175,000 ~ Central Contra Costa Sanitary District ~ BOARD OF DIRECTORS POSITION PAPER BOARD MEETING OF October 7,1993 PAGE 1 OF 2 NO. 5. BIDS AND AWARDS b. SUBJECT DATE 9 99 September 2 , 1 3 AUTHORIZE AWARD OF A CONTRACT TO HAROLD HUTSON CONSTRUCTION, TO PROVIDE ON-CALL PATCH PAVING TYPE OF ACTION AUTHORIZE AWARD SUBMITTED BY INITIATING DEPT./DIV. Carolyn Gregg Senior Buyer Ad m inistrative/Purc hasi ng ISSUE: On September 15, 1993, sealed bids were received and publicly opened for on-call patch paving for Collection System Operations. The Board must authorize award of the contract or reject bids within 30 days of the bid opening date. BACKGROUND: On-call patch paving is routinely required to restore streets at various sites and times within the District service area following sewer system construction or repair by District forces. Consistent with the District intent to control costs, these services were competitively bid. The contract quantity is an estimated 220 tons per year. The bid package and specifications were developed by a cross-functional team comprised of representatives from Collection System Operations and Purchasing. The specifications provide that the contractor shall furnish all traffic control, labor, materials, tools, supplies, equipment, transportation, technical and professional services, supervision, and perform all operations necessary for asphaltic concrete final pavement including provisions for the salvage of temporary paving materials. Salvaged materials will be delivered to the Collection System Operations yard for recycling. The Bid Request was advertised on August 26 and 31, 1993. Two bids were received and publicly opened on September 15, 1993. These bids are listed on Attachment 1 - Tabulation of bids. The lowest responsible bidder is Harold Hutson Construction with a bid of $49,995. Staff has determined that this project is exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines Section 18.2 since it involves minor alterations to existing facilities involving negligible or no expansion of use beyond that previously existing. Board of Directors' approval of this contract will constitute a finding of an agreement with this determination unless otherwise indicated. RECOMMENDATION: Authorize award of the Contract to Harold Hutson Construction, the lowest responsible bidder, in the estimated amount not to exceed $49,995, to provide on-call patch paving. REVIEWED AND RECOMMENDED FOR BOARD ACTION JL 1302A-7/91 CG CA cJ0 INITIATING DEPT./DIV. l~ ~_. : . : .--l u ~~ L.O 0 ~ . ~ .--l ~ : :::I tii z ~ w ~ ~ . ~ CO (/') 0'1 z: ~ .~ 0'1 0 ~ ........ ~ . .--l l- e::( ~ 0... O. U ~ . (V') U '0'1 .--l >< 0 ........ ..... : CO w E L.O t . to .--l .--l 0 r- ........ ~ CO z: e::( 00'1 N . . 0 . (/') L.O z: e::( .~ 0'1 0 U 0'1 ........ . ~ I- g ~ 0'1 !=L +J ~ ..... .~ +J (V') U > Q) 0'1 .~ L.O >< to ,..:.<: ........ N W 0... of. U L.O t . . 0 .--l r--.. 0 ..s::::: ~ ~ ........ ~ N z: U U 0'1 N Z +J Q to . ~ I- 0... C- .,.... 5 r- r- > en r- . +J to ~ W to r- +J ~ Q) Cl U to to +J III ~ I Ii 2 z . ..s::::: s::: ~ g 0 0- +J Q) +J a: a: ill Cl ~ ~ . w 8 w w ... j . III s::: U u !< a: ~ ~ .. c to Q) ..... z Cl c:i i!! c a: ill ~ ~ !i u; s I!! E Q) ~ r- Q) ..s::::: +J ~ r- > +J III to :g ..... +J s::: Cl III ..... t t ~ s::: r- ..... to III Cf. . s::: Q) to en ~ ~ -0 ..... +J +J s::: 4- ..... ..... e L ~ ~ to III s::: ~ ~ -' Q) to .,. <-- . Q) +J III (/') <1> -0 Q) ~ o i tr:' ..... ~ 0 to ~ > u ..... +J ~ Z ~ 0 s::: ~ III ~ o :r ~ 0 to 0 ~-c ... '1 0... u > u c I.. "j) ~ ~ ( 5~ ] f::j 1 0 ~ 1 l- . ~ ~ +J ~ ~ I . 0 III ~ .. c) N W Cl - N :z fill- ~ i ~ i t . w g: .--l a: a: ~. :b ... ~ o 0'1 ........ N Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 1 BOARD MEETING OF October 7, 1 993 NO. 6. ENGINEERING b. SUBJECT DATE October 1, 1 993 CONSIDER APPROVAL OF THE ULTRAVIOLET DISINFECTION PROJECT, DP 20100; AUTHORIZE THE GENERAL MANAGER- CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH MONTGOMERY WATSON FOR FINAL DESIGN OF THE PROJECT TYPE OF ACTION APPROVE PROJECT; AUTHORIZE AGREEMENT SUBMITTED BY Douglas J. Craig . . INITIATING DEPT.lDIV. Engineering Department! ISSUE: Board approval of the Ultraviolet Disinfection Project, DP 20100, is required prior to the filing of a Notice of Exemption under the District's California Environmental Quality Act (CEQA) Guidelines. Authorization by the Board of Directors is required for the General Manager-Chief Engineer to execute a professional services agreement in an amount greater than $50,000. BACKGROUND: The predesign of the Ultraviolet Disinfection Project was completed in August 1993. The predesign finalized the design criteria, defined the location and layout of ultraviolet (UV) facilities, and refined the costs and schedule necessary to complete the project. The new disinfection system would include structural modifications to convert the existing denitrification tanks to UV disinfection chambers, a UV system consisting of approximately 8,600 lamps, lamp-cleaning facilities, a new electrical substation, and sodium hypochlorite facilities. Sodium hypochlorite would replace existing chlorine facilities for odor control, sludge quality control, and disinfection of reclaimed water for in-plant use. The total project cost for the UV disinfection system is estimated to be approximately $14,000,000. This total project cost represents a decrease of approximately $3,700,000 from the previous preliminary estimate prior to the predesign. The reduction of costs is primarily due to a refinement of the design criteria. An agreement for $751,500 to complete the final design has been negotiated with Montgomery Watson (MW). MW is recommended to complete the final design based on its successful completion of the facility plan, pilot study, and predesign. The Ultraviolet Disinfection Project is included in the 1993-94 Capital Improvement Budget (CIB) on pages TP-16 through TP-17 under the title "Disinfection Facilities Improvements." On a cost basis, this project is a significant portion of the Treatment Plant Capital Improvement Program (CIP). Based on a review of potential environmental effects, however, staff has determined that this project is exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines Section 18.2, since it involves a minor alteration to existing wastewater facilities with little or no increase in capacity. The Board of Directors' approval of this project will constitute a finding of agreement with this determination unless otherwise indicated. RECOMMENDATION: Approve the Ultraviolet Disinfection Project, DP 20100, and authorize the General Manager-Chief Engineer to execute an agreement with Montgomery Watson for final design of the project; authorize filing of the Notice of Exemption. REVIEWED AND RECOMMENDED FOR BOARD ACTION l.>>t~ 1302A-7/91 DJC WU3 WEB /1/1 r RAB INITIATI,NG DEPT.lDIV. Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 2 BOARD MEETING OF October 7, 1 993 NO. 7. PERSONNEL a. SUBJECT DATE September 24, 1993 TYPE OF ACTION AUTHORIZE INTERNAL RECRUITMENT FOR BUYER 1/11 PERSONNEL SUBMITTED BY INITIATING DEPT./DIV. Cathryn Freitas, Personnel Officer Ad m inistrativelPersonnel ISSUE: Authorization is requested to limit the recruitment for a vacant Buyer 1/11 position to qualified in-house candidates. BACKGROUND: Senior Buyer Bill Long has relocated to Reno, Nevada and his position has been filled through a Personnel Advancement. This leaves a vacant Buyer 1/11 position. Given the staffing needs of the Purchasing Section for a minimum of three Buyers, staff has discussed with and received the recommendation of the Board Personnel Committee to fill the vacant Buyer 1/11 position under the condition that one District staff position be eliminated at the conclusion of the process. In order to achieve the goal of reducing the number of staff, staff would like to post the position for two weeks and limit recruitment to qualified in-house candidates only. It is acknowledged that limiting the posting of a vacancy to in-house employees is not in accordance with the Memorandum of Understanding between the Employees' Association, Public Employees' Local One and the District. However, in light of the District's attempts at cost reduction and avoiding layoffs, staff offered to meet and confer with representatives of Local One regarding this change in procedure. In lieu of meeting with the District, Local One held a general membership meeting and received concurrence from their membership that limiting the recruitment in this instance will provide a promotional opportunity for one of their members and is in the best interests of both parties. Enclosed is a copy of a letter from Mr. Scott Wildman, Business Agent, Public Employees' Local One verifying their agreement. RECOMMENDATION: Authorize staff to limit recruitment of the Buyer 1/11 position to qualified in- house candidates. REVIEWED AND RECOMMENDED FOR BOARD ACTION INITIATI,NG DEPTJDIV. tf(;f 1302A-7/91 CRF --------~----_.--_.~-_.._-_.._,.~-------,._.__._-'-'--"_.._-~--_.._._...._.,_.,.._,-_.~--_..._-----~--~------ ------------------------------------------------------------------------------------------------ CENTRAL CONTRA COSTA SANITARY DISTRICT EMPLOYEES ASSOCIATION - LOCAL #1 President Vice President AI Cambron Richard Boy/an Secretary Treasurer Big McEachen Ron Galloway Oct 4th, 1993 Mr Paul Morsen: In response to your Sept 16th request as to internal hiring/posting of the Buyer 1/11 opening to Qualified candidates, your request has been approved by the CCCSDEA general membership. We understand the necessity of not filling any vacant positions resulting from this promotion; however, the general impact on personnel workload, safety, etc deserves ongoing evaluation. Sincerely, 4~~ ~/~ Allen Cambron -/ #'~1~ bm ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF BOARD MEETING OF October 7, 1993 NO. SUBJECT DATE 7. PERSONNEL b. September 27, 1993 DENY APPEAL OF DISCIPLINARY ACTION BY UNION ON BEHALF OF FRANK SHEA, MAINTENANCE CREW MEMBER II, IN ACCORDANCE WITH ARBITRATOR'S RECOMMENDATION TYPE OF ACTION PERSONNEL SUBMITTED BY INITIATING DEPT.lDIV. Paul Morsen, Deputy General Manager Administrative ISSUE: In accordance with the Disciplinary Procedure in the current 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 may adopt, reject, or modify the recommendation of an appointed neutral third party (arbitrator) in appealed disciplinary matters. BACKGROUND: Maintenance Crew Member II Frank Shea received a Notice of Intent to Suspend for five days for misconduct in a letter dated February 19, 1993, from Collection System Operations Department Manager John Larson. The proposed suspension was imposed by the District because Mr. Shea failed to attend the luncheon meeting at which the CSO Annual Safety Awards were presented in December, 1992. Mr. Shea failed to obtain prior permission to not attend the recognition event with knowledge that the attendance was mandatory. Mr. Shea had also failed to attend a similar presentation event in December, 1990. The Board authorized the selection of an arbitrator to hear the appeal and make a recommendation to the Board for their consideration. Mr. Kenneth Silbert was selected and served as the arbitrator. His decision is being transmitted under separate cover for the Board's information. He ruled on the following issue: Is the five-day suspension of Frank Shea for just cause, and if not, what is the appropriate remedy? In his award, Mr. Silbert states; "The five-day suspension of Frank Shea is for just cause to the extent it is based upon alleged misconduct." The Secretary of the District notified the Union that this issue would be on the Board's October 7, 1993 agenda. The Union representatives were invited to attend if desired. RECOMMENDATION: Deny and dismiss the appeal of Maintenance Crew Member II Frank Shea in accordance with the Arbitrator's recommendation, as the final action of the District. REVIEWED AND RECOMMENDED FOR BOARD ACTION N 1302A-7/91 PM Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 13 BOARD MEETING OF October 7, 1993 NO. 7. PERSONNEL c. SUBJECT ADOPT AN ORDINANCE TO AMEND THE DISTRICT CODE ADDING CHAPTER 4.32; ADOPT AMENDED CLASSIFICATION SPECIFICATIONS DATE September 24, 1993 TYPE OF ACTION PERSONNEL ~~~~~~BFreitas, Personnel Officer IN.lTIt-TING DEPT./QLV. Acmlnlstratlve/Personnel ISSUE: Amendments to the District Code adopting an ordinance to provide a policy against disability discrimination must be approved by the Board. Changes to employee classification specifications must be approved by the Board. BACKGROUND: The Americans with Disabilities Act of 1990 was signed into law on July 26, 1990. It states, in part, "No employer shall discriminate against a qualified individual with a disability because of such individual's disability with regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensations, job training, and other terms, conditions, and privileges of employment." Title I regulations affecting employment provisions were promulgated with an effective date of July 26, 1992. For the past fourteen months, staff has worked to develop the policy, develop the procedure, and rewrite all the classification specifications. The Act requires the governing body of a public agency to adopt a policy against disability discrimination. In order to comply with the Act, staff has prepared two items for your approval: First, the Disability Discrimination Policy simply, but forcibly, states the District will not tolerate discrimination on the basis of disability in the hiring process or as a condition of employment, Le., placements, promotions, discipline, lay-offs, recalls, transfers, leaves, compensation, or training. The District also does not condone retaliation against someone who files a complaint; will investigate all complaints; and will take appropriate discipline up to and including termination as necessary. This policy has been reviewed by the District's labor counsel. See attachment A. Second, each Board member has received a reference binder titled Attachment B containing all of the District's class specifications as amended to comply with ADA. The Act requires employers to provide reasonable accommodation to otherwise qualified individuals with a disability, either eligible candidates for employment or employees, who can perform the essential functions of a position. In order to comply with reasonable accommodation requirements, existing classification specifications must identify those duties for each position that are essential to the performance of the job. The physical and mental requirements for performance of these essential functions must be also be identified. As you may recall, this classification work was undertaken by Shannon and Associates, a Sacramento consulting firm. Each employee, supervisor, and manager had opportunities for input REVIEWED AND RECOMMENDED FOR BOARD ACTION INITIATI,NG DEPT.lDIV. 1302A-7/91 ADOPT AN ORDINANCE TO AMEND THE DISTRICT CODE ADDING CHAPTER 4.32; ADOPT AMENDED CLASSIFICATION SPECIFICATIONS SUBJECT PAGE DATE 2 OF 13 PERSONNEL into the process, but the ultimate classification study was performed by Shannon with coordination and review responsibilities performed by Personnel Analyst II Darlene Ross. Because any change in class specifications is subject to meet and confer, staff has met with the effected bargaining units and incorporated their concerns or additions, which were limited to minor word changes. The Management Support/Confidential Unit agreed to the classification specifications as authored in Attachment C. Also attached is a letter (Attachment D) from Scott Wildman, Business Agent, Local One in general agreeing to the changes as presented. His letter does state that he believes some individuals may be worthy of additional compensation because their class specifications reflect changes in duties. This may be interpreted as the Union's forewarning they will be, during 1 994 contract negotiations, asking for salary adjustments for individuals in several classifications who feel they have experienced changes in their duties due to technological advances, Le. computer and computer-aided drafting programs. The law also requires a formal written complaint procedure. For your information, enclosed as Attachment E is the Personnel Procedure, Compliance with the Americans with Disabilities Act, which restates the policy against discrimination and provides a detailed complaint procedure. Within the complaint procedure are the steps to be followed in filing and investigating any complaint and the pertinent definitions which will be used to judge the complaint. These definitions were taken from the regulations issued by the U.S. Equal Employment Opportunity Commission. RECOMMENDATION: Adopt an ordinance to amend Chapter Four, adding Section .32, District Disability Discrimination Policy with the ADA. Adopt the amended classification specifications. 13028-7/91 ORDINANCE NO. AN ORDINANCE OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT ADDING SECTIONS 4.032.010, 4.032.020 AND 4.032.030 DISABILITY DISCRIMINATION POLICY The Board of Directors of the Central Contra Costa Sanitary District does hereby ordain as follows: section 1. The Code is hereby amended to add: "Section 4.032.010. Prohibited." "A. Discrimination on the basis of disability against an applicant or an employee who is a qualified individual with a disability, by a supervisor, management employee, or a co-worker is not condoned and will not be tolerated. This policy applies to the job application process, and to all terms and conditions of emploYment including, but not limited to, hiring, placement, promotion, disciplinary action, layoff, recall, transfer, leave of absence, compensation, and training." "Section 4.032.020. Retaliation prohibited." "A. Any retaliation against a person for filing a discrimination charge or making a discrimination complaint is prohibited and shall subj ect the offending party to the disciplinary process. Reasonable steps shall be taken to protect the victim from retaliation as a result of making a complaint." "Section 4.032.030. ReDort and investiaation." "A. All complaints of discrimination on the basis of disability will be promptly and objectively investigated. Disciplinary action up to and including termination will be instituted for behavior found to be discriminatory. Ordinance No. Page 2 section 2. The ordinance shall be a general regulation of the District and shall be published once in the Contra Costa Times, a newspaper of general circulation, published and circulated within the Central Contra Costa Sanitary District and shall be effective one week following publication. PASSED AND ADOPTED by the Board of Directors of the Central Contra Costa Sanitary District on the 7th day of October, 1993 by the following vote: AYES: NOES: ABSENT: Members: Members: Members: President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California Approved as to Form: Kent AIm District Counsel Central Contra Costa Sanitary District :JOEl lmholl I'laCl~. f\LlltIIlCZ. Cd1fOrJlld ~)'1;,;,:;-'1:Jq2 i:JIO) bKlJ-:JK~lO . ""IX: (:JIO) (j7b 721 I September 28, 1993 ROGER J. DOLAN General Manager Chief Engineer Mr. Doug Craig President Management Support/ Confidential Group 5019 Imhoff Place Martinez, CA 94553 KENTON L. ALM Counsel for the District (510) 938-1430 JOYCE E. MURPHY Secretary of the District Dear Mr. Craig: It is agreed by the Management Support/Confidential Group and District Management that the classification specifications for those District positions in the Management Support/Confidential Group are acceptable as submitted in September, 1993. The classification specifications, as updated in accordance with Americans with Disabilities Act (ADA) guidelines, were agreed to in meet and confer sessions held in May, 1993. It is acknowledged by both parties that these updated classification specifications will become the District's official job descriptions if approved by the Board of Directors. aul Morsen Deputy General Manager PM:dr Agreed: (" . . z)--- t-~ . Doug erard-_J @ Recycled Paper HOB September 23, 1993 SEND VIA FAX & U. S. MAIL Ms. Cathryn Freitas Personnel Director Central Contra Costa Sanitary District 6019 Imhoff Place Martinez, CA 94553 m~@~~W~ffi SfP 2 I'~ 199.5 C=::SJ ADMINI~. THxno I Dear Cathryn, This letter will confirm issues of general agreement during the meet and confer process relating to the District I s efforts to update policies and procedures and specific job classification de,scriptions in accordance with newly adopted ADA guidelines. Local One found these discussions cordial and productive, if not expeditious, and are certain that these modifications will clarify future procedures. Local One had and still does entertain the belief that changes in some job classifications exceeded the limited scope of the ADA requirements and thus reserves the right to investigate and negotiate pay and equity issues that may arise in situations where certain added duties and standards in any classification warrants additional consideration in terms of compensation. If, in fact, it is determined that changes in any job descriptions include duties of a higher or a different classification, we will pursue this issue and will also ask for any negotiated compensation agreements to be enacted retroactive to the date of the implementation of the new ADA classifications and policies. It is our understanding that these changes will have no significant impact on current employees and that traditional and contractual policies and practices such as, but not limited to, the assignment of light duty when available will not be altered. We again appreciate the efforts of the District in this regard and as always wish to underscore the importance of cooperative endeavors such as this in cementing Labor Management communication and cooperation and benefiting all the stakeholders, the public, the employees and the District's Administration. S incere;J.'y , ~~t? Scott Wildman Business Agent PUBLIC EMPLOYEES ....... UNION, LOCAL ONE cc: Al Cambron Rich Boylan Paul Morsen ~ Central Contra Costa Sanitary District No. Personnel procedure Effective 1 0/7/93 Subject COMPLIANCE WITH THE AMERICANS WITH DISABiliTIES ACT Established by: Paul Morsen, Deputy General Manager This procedure is written in conformance with the policy set by the Board in the Contra Costa Sanitary District Code, Chapter 4.32.010 - 4.32.030, discrimination on the basis of disability and in compliance with the federal regulations issued by the U. S. Equal Employment Opportunity Commission. Discrimination on the basis of disability against an applicant or an employee who is a qualified individual with a disability, by a supervisor, management employee, or co-worker is not condoned and will not be tolerated. This policy applies to the job application process, and to all terms and conditions of employment including, but not limited to, hiring, placement, promotion, disciplinary action, layoff, recall, transfer, leave of absence, compensation and training. Any retaliation against a person for filing a discrimination charge or making a discrimination complaint is prohibited and shall subject the offending party to the disciplinary process. Reasonable steps shall be taken to protect the victim from retaliation as a result of making a complaint. All complaints of discrimination on the basis of disability will be promptly and objectively investigated. Disciplinary action up to and including termination will be instituted for behavior found to be discriminatory. A. Discrimination on the basis of disability means: · to limit, segregate, or Classify a job applicant or employee in a way that may adversely affect opportunities or status because of the applicant's or employee's disability; · to participate in a contract which could subject an applicant or employee with a disability to discrimination; · to use any standards, criteria, or method of administration which could have the effect of discriminating on the basis of disability; l Sheet 1 of 7 1212A-9/90 . to deny equal jobs or benefits because of a disability; . to fail to make reasonable accommodations to known physical or mental limitations of an otherwise qualified individual unless it can be shown that the accommodation would impose an undue hardship; . to use selection criteria which exclude disabled persons unless the criteria is job-related and consistent with business necessity; and . to fail to use employment tests in a manner that ensures that the test results accurately reflect the applicant's or employee's skills or aptitude for a particular job. B. The complaint procedure shall include 1.-8. below. 1 . A job applicant or employee who believes he or she has been discriminated against on the basis of disability may make a written complaint as soon as possible after the incident to: (a) complainant's immediate supervisor; (b) complainant's department head; or (c) the Personnel Officer or designated representative. In order to facilitate the investigation, the complainant must submit the complaint within 30 days of the alleged incident(s). 2. The complaint shall include: . a description of the offending behavior(s) or violations; . date(s), time(s), and location(s) of incident(s); . name(s) of alleged offender(s) . name(s) of witnesses, if any; and . remedy desired. 3. Complainant's immediate supervisor or department head shall refer all complaints received to the Personnel Officer. 4. Upon receipt of a complaint, the Personnel Officer shall investigate all charges. The investigation shall include interviews with: (a) the complainant; (b) the person(s) allegedly engaged in discrimination; and (c) any other person the Personnel Officer believes to have relevant knowledge concerning the complaint. 5. Upon completion of the investigation, the Personnel Officer shall review factual information gathered through the investigation to determine whether the alleged conduct constitutes discrimination, giving consideration to all factual information, the totality of the I Sheet 2 of 7 12128-9/90 circumstances, including the nature of the alleged discriminatory conduct and the context in which the alleged incidents occurred. 6. The Personnel Officer shall then prepare a written report setting forth the results of the investigation and the determination as to whether discrimination occurred. The results of the investigation shall be conveyed to appropriate persons including to the complainant, the person(s) allegedly engaged in discrimination, the supervisor, and the department head. 7. If it is determined that discrimination occurred, swift and appropriate disciplinary action will be commensurate with the severity and/or frequency of the offense. 8. District employees represented by Public Employees' Union, local One, may utilize the District grievance procedure in the event they are dissatisfied with the District's actions taken as a result of the investigation. 9. Reasonable steps shall be taken to protect the victim and other potential victims from further discrimination. The following definitions shall apply to Sections 4.32.010 and 4.32.030 as follows: A. DisabilitY II Disability" is: (1) a physical or mental impairment that substantially limits one or more major life activity; or (2) having a record of such an impairment; or (3) being regarded as having such an impairment. B. Physical or Mental Impairments Physical or mental impairments include, but are not limited to: VISion, speech and hearing impairments; emotional disturbance and mental illness; seizure disorders; mental retardation; orthopedic and neuromotor disabilities; learning disabilities; diabetes; heart disease; nervous conditions cancer; asthma; Hepatitis B; HIV infection; and drug addiction if the addict has successfully completed or is participating in a rehabilitation progr.am and no longer uses illegal drugs. The following conditions are not physical or mental impairments: transvestism; illegal drug use; homosexuality and bisexuality; compulsive gambling; kleptomania; pyromania; pedophilia; exhibitionism and voyeurism; pregnancy; height; weight; eye color; hair color; left-handedness; poverty; lack of education; a prison record; and poor judgment or quick temper if not symptoms of a mental or physiological disorder. C. Substantial limitation of Major life Activities I Sheet 3 of 7 12128-9/90 An individual is disabled if he or she has a physical or mental impairment that (a) renders him or her unable to perform a major life activity, or that (b) substantially limits the condition, manner, or duration under which he or she can perform a particular major life activity in comparison to other people. Major life activities are functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. 1 . In determining whether physical or mental impairment substantially limits the condition, manner, or duration under which an individual can perform a particular major life activity in comparison to other people, the following factors shall be considered: a. the nature and severity of the impairment; b. the duration or expected duration of the impairment; and c. the permanent or long-term impact (or expected impact) of or resulting from the impairment. 2. In determining whether a physical or mental impairment substantially limits an individual with respect to the major life activity of "working", the following factors may be considered: a. the geographical area to which the individual has reasonable access; b. the job from which the individual has been disqualified because of an impairment and the number and types of jobs within that geographical area utilizing similar training, knowledge, skills, or abilities from which the individual is also disqualified because of the impairment; and/or c. the number and types of other jobs within that geographical area not utilizing similar training, knowledge, skills, or abilities (to the job from which disqualified) from which the individual is also disqualified because of the impairment (broad range of jobs in various classes). D. Having a Record of Impairment An individual is disabled if he or she has a history of having an impairment that substantially limits the performance of a major life activity; or has been diagnosed, correctly or incorrectly, as having such an impairment. E. Regard as Having a Disability An individual is disabled if he or she is treated or perceived as having an I Sheet 4 of 7 12128-9/90 impairment that substantially limits major life activities, although no such impairment exists. F. Qualified Individual With a Disability A "qualified individual with a disability" is a person who (1) satisfies the job related requirements for the position, and (2) can perform the "essential functions" of the position despite their disability, or who (3) with "reasonable accommodation" can perform the essential functions of the position. 1 . Satisfies Job-Related Requirements Satisfying the job-related requirements of the position means that the disabled individual possesses the appropriate educational background, employment experience, skills, and license required for the position~ 2. Essential Functions Essential functions are the fundamental duties of a position. Marginal or peripheral functions of a position are not essential functions. A function may be essential because: a. the reason the position exists is to perform that function; b. of the limited number of employees available among whom the performance of that job function can be distributed; and c. it is highly specialized and requires specific expertise or skill to perform. The following factors shall be considered in determining whether a function is essential: the District's judgement as to which functions are essential; written job descriptions; the amount of time spent on the job performing the function; the consequences of not requiring the performance of the function; the terms of a collective bargaining agreement or MOU; and the work experience of past and present incumbents in the position. 3. Accommodation If the individual cannot perform the essential functions despite their disability, a determination must be made whether reasonable accommodation would enable the individual to perform the essential functions of the position. .1 Sheet 5 of 7 12128-9/90 Accommodation is any change in the work environment or in the way things are customarily done that enables a disabled individual to enjoy equal employment opportunities. Accommodation means modifications or adjustments: a. to a job application process to enable an individual with a disability to be considered for the position; b. to the work environment in which a position is performed so that a disabled person can perform the essential functions of the position; and c. that enable disabled individuals to enjoy equal benefits and privileges of employment as other similarly situated employees without disabilities enjoy. Accommodation includes making existing facilities and equipment used by employees readily accessible to and usable by individuals with disabilities. If a qualified individual with a disability requests the provision of a reasonable accommodation, the District shall engage in an informal, interactive process with the disabled person which identifies the precise limitations resulting from the disability and the potential accommodations that could overcome those limitations. The accommodation process shall generally involve five steps. . The District shall analyze the particular job at issue and determine its purpose and essential functions. . The District shall consult with the disabled individual to ascertain the precise job-related limitations imposed by the individual's disability. . The District shall consult with the disabled individual to identify potential accommodations. . The District shall assess the effectiveness of each potential accommodation with regard to enabling the individual to perform the essential functions of the position. . The District shall consider the preference of the individual to be accommodated and select and implement the accommodation that is most appropriate for the employee and the District. Accommodation applies to: · all employment decisions and to the job application process; I Sheet 6 of 7 12128-9/90 . all services and programs provided in connection with employment; . non-work facilities provided by the agency to all employees; and . known disabilities only. Accommodation is not required if: . it eliminates essential functions of a position from the disabled individual's job; or . adjustments or modifications requested are primarily for the benefit of the disabled individual. The District will not provide an accommodation that imposes an "undue hardship" on the operation of the District's business. Undue hardship means significant difficulty or expense incurred in the provision of accommodation. Undue hardship includes but is not limited to financial difficulty. Undue hardship refers to any accommodation that would be unduly costly, extensive, substantial, or disruptive, or that would fundamentally alter the nature or operation of the business. Whether a particular accommodation will impose an undue hardship is determined on a case-by-case basis. The following factors will be considered in determining whether an accommodation would create an undue hardship: the nature and cost of the accommodation; the financial resources of the District; the number of employees; and the type of operations of the District, including the composition and functions of its workforce. I Sheet 7 of 7 1212B-9/90