HomeMy WebLinkAboutAGENDA BACKUP 12-15-94
Central Contra Costa Sanitary District
BOARD OF DIRECTORS PAGE 1 OF 2
BOARD MEETING OF
December 15, 1994
NO.
SUBJECT
3. CONSENT CALENDAR
DATE
December 6, 1994
ACCEPT CONTRACT WORK FOR LOS ARABIS DRIVEl
WOODLAND WAY SEWER PROJECT, DP 4785, AND
AUTHORIZE FILING OF THE NOTICE OF COMPLETION
TYPE OF ACTION
ACCEPT CONTRACT
WORK
SUBMITTED BY
INITIATING DEPT.lDIV.
Kris Kilgore, Associate Engineer
Engineering Dept./lnfrastructure Div.
ISSUE: Construction has been completed on the Los Arabis DriveIWoodland Way Sewer
Project, DP 4785, in Lafayette, and the work is now ready for acceptance.
BACKGROUND: The Los Arabis Drive/Woodland Way Sewer Project is required to
repair andlor replace trunk sewers located in backyard easements to reduce sewer
maintenance in certain areas of Lafayette. The location of the project is shown on
Attachment 1. The project includes the installation of a pipe bridge of 1 10 feet in
length carrying a 12-inch sewer across the Las Trampas Creek, the upsizing of
approximately 2,100 feet of 10-inch sewer with new 16-inch pipes by open cut and
pipe bursting techniques, and the lining of approximately 2500 feet of 10-inch sewer
using formed-in-place techniques. In addition, approximately 1,500 feet of 8 and
6-inch sewers and 2200 feet of 12-inch sewer were replaced. Additional information
on the project is presented on page CS-53 of the 1994-95 Capital Improvement
Budget.
On June 2, 1994, the Board of Directors authorized the award of a contract for
construction of the project to Mountain Cascade Construction, Inc., of Livermore. The
Notice to Proceed was issued on July 14, 1994, with a specified completion date of
January 6, 1995. The contract work was substantially competed on November 15,
1 994. 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 engineering design,
contract construction and administration, inspection, community relations and testing
services is $2,558,000. A detailed accounting of the project cost will be provided to
the Board at the time of project closeout. It is appropriate to accept the contract work
at this time.
RECOMMENDATION: Accept the contract work for the construction of the Los Arabis
DriveIWoodland Way Sewer Project in Lafayette, DP4785, and authorize the filing of
the Notice of Completion.
RE~EWEDANDRECOMMENDEDFORBOARDAcnON
INITIATING DEPT.lDIV. '~/IC~~
Kk~ 1fT /,1)1
l' 'I
1302A-7/91 KK HT JSM RAB
6-
"
~
=
.
"
...
~
..
"
..
..
..
o
u
"
.
...
..
~
\:. ...
'"
l
Rd
o
..I
~
o
~~~
o 2000 4000
FEET
- PROJECT AREA
o
Central Contra Costa
Sanitary District
AnACHMENT
LOS ARABIS DR./WOODLAND WY.
SEWER REPLACEMENT PROJECT
DP 4785
.
...
...
i
..
c
~
C>
..
1
'\
~
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
PAGE 1 OF
1
BOARD MEETING OF
December 15 1994
NO.
3. CONSENT CALENDAR b.
SUBJECT
DATE
December 7, 1 994
CONSIDER A REQUEST FOR EMERGENCY WITHDRAWAL
OF FUNDS FROM THE DEFERRED COMPENSATION PLAN
TYPE OF ACTION
CONSIDER
EMERGENCY
WITHDRAWAL
SUBMITTED BY
Debbie Ratcliff, Controller
INITIATING DEPT./DIV.
Administrative/Finance & Accounting
ISSUE: Authorization by the Board of Directors is required for emergency withdrawal of funds
from the Deferred Compensation Plan.
BACKGROUND: Clinton Jackson, Plant Operator III, has requested an emergency withdrawal
from the Deferred Compensation Plan based on extreme financial hardship caused by an
extraordinary and unforeseeable circumstance as outlined in the IRS Regulations. The Deferred
Compensation Plan Advisory Committee has reviewed the request and determined that it meets
the requirements for emergency withdrawal in the amount of $25,000, after taxes.
RECOMMENDATION: Approve the request by Clinton Jackson for an emergency withdrawal
of $25,000, after taxes, from the Deferred Compensation Plan, as recommended by the
Deferred Compensation Plan Advisory Committee.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
INITIATING DEPT./DIV.
dt
1302A-7/91
DR
PM
PAGE 1 OF 5
December 15 1994
NO.
3. CONSENT CALENDAR c.
DATE
BOARD MEETING OF
SUBJECT
ADOPT SEXUAL HARASSMENT POLICY
TYPE OF ACTION
HUMAN RESOURCES
SUBMITTED BY INITIATING DEPT./DIV.
Cathryn Freitas, Human Resources Manager Administrative
ISSUE: Board action is requested to adopt the District's Sexual Harassment Policy.
BACKGROUND: At the Board Meeting of November 17, 1994, staff presented a draft revision of
the District's Sexual Harassment Policy. Comments were received, additions made, and the
amended version is attached for your review.
Board member Hockett asked that the policy include two additional points:
. Under Hostile Environment, "Denying opportunities to do work that prepares an employee
for advancement or on the job training"; and
. Under Complaint Procedure, "The complainant will be given the opportunity to write and
sign a record of the complaint. If the complainant prefers, the person receiving the
complaint will document the complaint in writing and the complainant will be given the
opportunity to review and sign the record. The complainant is not obligated to write or
sign the record."
Board member Menesini suggested that the Complaint Procedure be organized in a step by step
approach. This was done and may be found on page three of the policy.
The additions to the policy were accepted by consensus at the Personnel Committee meeting of
November 30, 1994.
RECOMMENDATION: Adopt the attached Sexual Harassment Policy.
REWEWEDANDRECOMMENDEDFORBOARDAcnON
ROGER J. DOLAN
INITIATING DEPT./DIV.
---
1302A-7/91 CRF
..____,___"'.__~__."'~..~.._.,"_._"_,~_._'_~.".w~.,,____.__.__________
SEXUAL HARASSMENT POLICY
POLICY STA TEMENT
It is the District's policy for any employee or other person to be free from sexual
harassment by another employee or person. Sexual harassment whether committed by
employees, management personnel, or by nonemployees such as suppliers, clients,
contractors, or customers will not be tolerated.
DEFINITION
Acts of sexual harassment prohibited by this policy include but are not limited to (1)
unwelcome sexual activity of an employee or nonemployee towards another; or (2) verbal
or physical conduct of a sexual nature (e.g., lewd comments or gestures; unwanted
intentional physical contact of a sexual nature; and displays in the workplace of sexually
suggestive objects or pictures), when:
a) submission to such conduct is made either explicitly or implicitly a term or
condition of an individual's employment;
b) submission to or rejection of such conduct by an individual is used as the
basis for employment decisions affecting such individual;
c) such conduct is offered in order to receive special treatment or in exchange
for or in consideration of any personnel action;
d) such conduct has the purpose or effect of unreasonably interfering with an
individual's work performance or creating an intimidating, hostile, or
offensive working environment.
1
PRACTICAL DEFINITION
In practical terms, there are two different kinds of sexual harassment:
Quid Pro Quo-Where employment decisions or expectations (e.g. hiring decisions,
promotions, salary increases, shift or work assignments, performance expectations) are
based on an employee's willingness to grant or deny sexual favors. Examples of quid pro
quo harassment:
. Demanding sexual favors in exchange for a promotion or a raise
. Disciplining or firing a subordinate who ends a romantic relationship
. Changing performance expectations after a subordinate refuses repeated
sexual advances
Hostile Environment-Where verbal or non-verbal behavior in the workplace: (1) focuses
on the sexuality of another person or occurs because of the person's gender, (2) is
unwanted or unwelcome, and/or (3) is severe or pervasive enough to affect the person's
work environment.
The following are examples of behaviors that can create a hostile environment if they are
unwanted or uninvited:
. Sexual or gender-based jokes or teasing
. Comments about a person's body parts or sex life
. Sexually suggestive pictures, posters, calendars, or cartoons
. Leering, stares, or gestures
. Repeated requests for dates or sexual favors
. Excessive unwelcomed attention in the form of love letters, telephone calls,
or gifts
. Touching - brushes, pats, hugs, shoulder rubs, or pinches
. Assault/rape
:1::I:::::::::::::::::::::::II:I~iilt::::::iiimpN.it!i!::::::::::li::::I:li:II:IIII:::::II!t::::::::::itili,tii::::::::::in:~::::Iimi~QYij:I:::::f9t
1111!liliil::::I::::i!:::II.:::I9P::::II~g~gi
2
COMPLAINT PROCEDURE
. If anyone engages in such conduct, the recipient of such conduct is strongly
encouraged to immediately inform the offending person that the conduct is
offensive.
. If the employee is unwilling or unable to speak with the offending person
about the offensive action, the employee should seek the assistance of a
supervisor, manager, or Human Resources.
. Any continued acts of sexual harassment should be immediately reported
to any supervisor, any manager, or any member of Human Resources
. The District will take immediate and appropriate action once it becomes
aware of a possible sexual harassment situation. This includes a fair and
thorough investigation by the Human Resources Manager or his/her
designated representative. Implementation of corrective action will occur
if the complaint is substantiated.
. The District will inform the complainant of the results of the investigation
and will follow-up with the complainant to ensure there have been no
reprisals and the offensive behavior has stopped.
. All employees also have a right to file a complaint with the Equal
Employment Opportunity Commission and/or the State of California
Department of Fair Employment and Housing.
RETALIA TION
Retaliation is prohibited against any employee for refusing a sexual advance, for refusing
or objecting to a request, demand, comment, or subtle pressure for sexual favors or
activity, or for reporting an incident of possible sexual harassment to the District.
Retaliation taken or threatened as a result of reporting an incident or participating in an
investigation of a complaint will not be tolerated, and should be reported immediately and
is grounds for disciplinary action up to and including termination.
3
CONFIDENTIALITY
Complaints and investigations of sexual harassment are kept confidential to the highest
degree possible. Breach of confidentiality by any individual interviewed as part of the
investigation may be subject to disciplinary action.
DISCIPLINE
Depending on the circumstances of each case and the seriousness of the offense,
disciplinary action up to and including dismissal will be taken if it is found that sexual
harassment occurred.
Disciplinary action up to and including dismissal will be taken against those who retaliate
or threaten to retaliate against any person who files a complaint or assists in the
investigation of a complaint.
Disciplinary action up to and including dismissal will also be taken against members of
management or supervisors who know of behavior occurring and who fail to take
immediate and appropriate action.
RESPONSIBILITIES OF MANAGEMENT AND SUPERVISORS
It is the responsibility of management and supervisors or their designated representatives
to ensure the work environment is free of sexual harassment and to take appropriate
action to stop possible sexual harassment once aware of it. Management and supervisors
have a responsibility to act on possible situations once they knew or should have known,
regardless of whether a complaint has been filed or received. Knowledge includes first
party reports, third party reports, or observation. Management and supervisors must
inform the Human Resources Manager if a situation involving sexual harassment has been
brought to their attention. Managers and supervisors are responsible for following-up with
the employee to ensure the situation has been resolved.
RESPONSIBILITIES OF EMPLOYEES
It is the responsibility of employees to adhere to the spirit and intent of this policy. Any
employee who is aware of potential sexual harassment is strongly encouraged to inform
a supervisor, manager, or Human Resources.
ADMIN/Persmisc/Sexhars2.ply
4
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
PAGE 1 OF 1
December 15 1994
NO.
3. CONSENT CALENDAR d.
DATE
December 9, 1994
BOARD MEETING OF
SUBJECT
AUTHORIZE THE ATTENDANCE OF RISK MANAGER.
AT CONFERENCE ON EMERGENCY RESPONSE AND
RECOVERY FOR WATER AND WASTEWATER FACILITIES
ON JANUARY 8-10,1995 IN SAVANNAH, GEORGIA
TYPE OF ACTION
APPROVE TRAVEL
SUBMITTED BY Bonnie Allen
Risk Manager
INITIATING DEPT.lDIV.
Administrative/Risk Management
ISSUE: Approval of the Board is required for travel out of state or when the cost is above $500
and which has not been previously approved in the budget.
BACKGROUND: The District has initiated a project to establish and train a Disaster Command
Center as part of our Emergency Preparedness Program. Water Environment Federation is
sponsoring a specialty conference on Emergency Response and Recovery for water and
wastewater facilities in Savannah, Georgia January 8-10, 1995. The training workshops and
site visits are pertinent to all aspects of the District Emergency Planning Project. There are
funds provided in the project to cover the Workshops/Conference costs of $1630 and the O&M
budget will not be impacted.
RECOMMENDATION: Authorize the attendance of Bonnie Allen, Risk Manager, at the
Emergency Response and Recovery Conference on January 8-10, 1995, in Savannah, Georgia,
with the costs covered by project funds.
REVIEWED AND RECOMMENDED FOR BOARD ACT/ON
BA
PM
ROGER J. DOLAN
ADS/RM #4BfTravel.PP
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
PAGE 1
OF 1
BOARD MEETING OF
December 15, 1994
NO.
5. SOLID WASTE a.
SUBJECT
CONSIDER REQUEST BY VALLEY WASTE MANAGEMENT,
ORINDA-MORAGA DISPOSE-ALL, AND FRANCISE FIORENTINO
FOR PAYMENT OF LEGAL FEES INCURRED IN THEIR
DEFENSE OF THE ACME LANDFILL CERCLA LITIGATION
DATE
December 6, 1994
TYPE OF ACTION
CONSIDER PAYMENT OF
LEGAL FEES
SUBMITTED BY
Kent Aim, District Counsel
INITIATING DEPT./DIV.
ISSUE: Valley Waste Management (VWM), and Orinda-Moraga Dispose-All (OM D) and Francise Fiorentino
(as shareholder of Valley Disposal) have requested that each be reimbursed for legal fees
previously incurred and those currently being incurred for their respective defenses in the Acme
Landfill CERCLA litigation. A decision is required as to reimbursement to the collectors from the
Acme litigation fee impound account.
BACKGROUND: The District has included defense costs within the rate structure for 1993 and 1994
for VWM and OMD. Those amounts have been impounded by the District. The Board has considered this
matter previously in February, however, no final determination was made as to what portion of those
impounded amounts, if any, should be paid to OMD or VWM. The District has taken no action to create
an impound account related to defense costs incurred by Francise Fiorentino (Valley Disposal).
Staff recommends a payment of 75 percent be authorized for legal expenses incurred by VWM and OMD
in 1993 and 1994, provided the expenses are found by the District to be necessary, reasonable,
allowable and allocable. These payments will be conditioned on the understanding that this payment
does not constitute an admission of responsibility or liability, or create a binding past practice
for future actions, and such other conditions as staff may deem legally appropriate. These
payments out of the impound account should be limited to a maximum of 75 percent of the amount
authorized in the rates and all payments should be dependent on the impound account being fully
funded by the respective collector. Staff further recommends no payments be authorized at this
time for the legal expenses of Francise Fiorentino.
RECOMMENDATION: Staff requests that the Board consider the requests and make a determination that
75 percent of the allowable legal costs of the current franchisees should be found to be fundable
from the impound account for the rate years of 1993 and 1994 after a staff determination that the
legal expenses claimed are necessary, reasonable and allocable. Further, staff recommends that
the Board consider and make a determination that payment of legal costs for Francise Fiorentino not
be authorized at this time.
RE~EWEDANDRECOMMENDEDFORBOARDAcnON
KL
PM
ROGER J. DOLA!'i.
ADS/Position Paper#2/LegaIFee.PP
PAGE 1 OF 3
NO.
SUBJECT
DATE
7. PERSONNEL a.
December 5, 1994
APPROVE INCREASE IN COMPENSATION RANGES FOR
THE CONTROLLER AND HUMAN RESOURCES MANAGER
EFFECTIVE DECEMBER 21, 1994
TYPE OF ACTION
APPROVE INCREASE
IN COMPENSATION
SUBMITTED BY
Joyce E. Murphy, Secretary of the District
INITIATING DEPT./DIV.
Administrative
ISSUE: Board authorization is required for personnel compensation changes.
BACKGROUND: As part of the recent negotiation of the Memorandum of Understanding with the
Management Group, an opportunity was provided for the Management Group to request a salary
review of up to four of its represented classes. Such a request was made in July 1994, and a
salary review was conducted by the firm of Seabury & Associates under the direction of the Board
Personnel Committee. The objective of the study was to obtain salary levels regarding the same
or similar positions in comparable agencies, and to recommend salary levels for each position
based on the external data. Individual interviews were conducted with the incumbents to discuss
job duties and responsibilities. A copy of the comparable salary data from the Seabury report is
attached.
Based on this review and the expanded responsibilities and duties of the two positions, it is
recommended that the compensation ranges for the positions of Controller and Human Resources
Manager be increased.
RECOMMENDATION: Effective December 21, 1994, adjust the salary range for the position of
Controller upward from Range M-33 ($5,289-$6,429) to M-29 ($5,837-$7,093), and adjust the
salary range for position of Human Resources Manager upward from Range M-39 ($4,560-$5,544)
to M-37 ($4,791-$5,823),
REVIEWED AND RECOMMENDED FOR BOARD ACTION
INITIATING DEPT.lDIV.
1302A-7/91
w_~.______,.______,..~_~___.._.._._"___.__'__~..~_._~---.---
Controller
Contra Costa Water MIS reports through the Accounting
Director of Finance 6,549 - 7,959 Mgr. to the Director of Finance.
Accounting Manager 5,425 - 6,592 Salary of 57,000 used.
Union Sanitary District Salaries as of Sept. 94. has a budget of $20
Principal Financial Analyst 5,147 million, with another $27 million for
Coop. Service Manager 6,948 construction. 145 employees.
Sacramento Municipal Utility District 2,500 employees. Too large for accurate
Manager of Finance 6,666 - 8,325 comparison. Entry level used.
East Bay Municipal Utility District Approximately 1,650 employees. Position
Controller 5,878 - 8,491 reports to Asst. General Mgr. Too large, but
entry level used.
City of Walnut Creek $59.1 million agency budget; 326 employees.
Asst. City Manager 4,514 - 6,320 Controller is Asst. City Mgr. 56,320 used.
Accounting Manager 4,153 - 5,813
City of Concord $87 million budget with 610 employees. MIS
Director of Finance 6,260 - 7,608 reports to this position. 56,800 used.
Delta Diablo Sanitation District No match Too small to be used in the survey. Budget
Administrative Services Manager 6,407 - 8,002 under $10 million, only 75 employees.
Irvine Ranch Water District Reports to Dir. of Finance. 260 Employees,
Controller 5,783 - 8,559 $30 million budget. No MIS. $8,559 used.
Ventura Regional Sanitation District No match Has more than Finance, HR & Purchasing
Director of Finance & Administration 6,400 - 7,326 report. Employs 114 people.
Central Marin Sanitation Agency No match Reports to Business Mgr. 38 employees; $7
Financial supervisor 3,701 - 4,500 million budget. Too small for comparison.
Monterey Regional Water Pollution Control 95 employees, to small for comparison.
Agency No match
Manager of Finance 5,108 - 6,520
Vallejo Sanitation & Flood Control No match Too small for comparison.
West County Water Waste District No match 49 employees, too small for comparison.
Novato Sanitation District No match 26 employees, too small for comparison.
Vallejo Sanitation & Flood Control $819 is in lieu of additional benefits. Employs
Finance Director 5,537 + 819 90 people. Not a good match.
Central Contra Costa Sanitary District 5,289-6,429
Average of salaries used to compute highest monthly rate is: $7,098.
Recommendation: M.29 $5,837-7,093 1001'0 increase
(Note: This apparently is the same grade to which this position was previously assigned, therefore it is merely
a restoration.)
Human Resources
Contra Costa Water Has 270 employees, HR Mgr. has all
Human Resources Manager 5,692 - 6,918 benefits, including retirement, deferred
SupervisOr 4,368 - 5,309 comp, and Worker's Compo 56,000 is used.
Union Sanitary District Has 145 employees. Handles Worker's
Human Resources Director 6,732 Compo with benefits under Finance.
Sacramento Municipal Utility District No match Too large for comparison, they have 2,500
6,666 - 8,325 employees. .
East Bay Municipal Utility District No match Too large for comparison. 1,650 employees
Human Resources Director 6,818 - 9,848 and Director has all benefits and Worker's
Compensation.
City of Walnut Creek 326 employees, appears to be closer match.
Personnel Officer 4,153 - 5,813 salary of 55,000 used.
City of Concord 610 employees, more than twice the size of
Personnel Director 5,647 - 6,865 CCCSD. Salary of 55,000 used.
Delta Diablo Sanitation District No match Has only 75 employees, too small for
Personnel 4,211 - 5,259 comparison.
Irvine Ranch Water District Reports to General Manager, has all benefits
Director of Personnel 5,223 - 7,528 & Worker's Compo 260 employees,
adjusted figure of 56,400 used.
Ventura Regional Sanitation District No match Reports to Director of Finance and
Personnel Director 4,792 - 5,846 Administrator. 114 employees.
Central Marin Sanitation Agency Only 38 employees. Business Manager
Business Manager No match handles.
Monterey Regional Water Pollution Control No match Has 95 employees.
Agency 3,406 - 4,346
Vallejo Sanitation & Flood Control No match Too small
West County Water Waste District No match Too small
Novato Sanitation District No match Too small
Central Contra Costa Sanitary District 4,560-5,544
Average of salaries used to compute highest monthly rate is: $5,826
Recommendation: M.37 $4,791-5,823 5% increase