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HomeMy WebLinkAboutAGENDA BACKUP 05-02-91 . Centra :ontra Costa Sanitar) Jistrict BOARD OF DIRECTORS POSITION BOARD MEETING OF May 2, 1991 PAPER SUBJECT APPROVE LICENSE AGREEMENT WITH PACIFIC GAS AND ELECTRIC COMPANY (PG &E) TO ALLOW THE CROSSING OF DISTRICT OWNED LAND WITH UNDERGROUND ELECTRICAL CONDUITS SUBMITTED BY Dennis Hall, Associate Engineer PAGE 1 OF 2 NO. 3. CONSENT CALENDAR b. DATE April 22, 1991 TYPE OF~i?>~WbVE AND EXECUTE LICENSE AGREEMENT INITIATING DEPT./DIV. Engineering/Construction ISSUE: Pacific Gas and Electric (P.G. & E.) has requested permission to cross District owned land to provide electric service to 1300 School Street in Moraga. BACKGROUND: The subject property was the former Sacramento Northern Railroad right of way. It was purchased by the District in 1959 for use as a right of way corridor to serve the Moraga area. The District has a 16-inch and a 27-inch force main and an 18-inch gravity sewer in the area that P.G. & E. proposes to cross. District facilities are 6-feet deep at the proposed crossing. Pacific Gas and Electric plans to install their electric power lines in two 4-inch steel casings, 3-feet deep. District staff has determined that the proposed crossing will not interfere with District facilities. The District previously entered into a license agreement with P.G. & E. in 1985 for a similar crossing of District property. The proposed license agreement is patterned after the previous agreement. The proposed license agreement makes P.G. & E. liable for any and all losses and liability which may occur by reason of P.G. & Eo's use of said license agreement. The license agreement may be revoked at any time. If it is revoked, P.G. & E. must remove its facilities within 30 days of written notice to do so. Pacific Gas and Electric is responsible for conforming with the requirements of the California Environmental Quality Act. RECOMMENDATION: Approve the License Agreement with Pacific Gas and Electric Company and authorize the President of the District Board of Directors and the Secretary of the District to execute said license agreement and authorize the license agreement to be recorded. REVIEWED AND RECOMMENDED FOR BOARD ACTION INITIATING DEPT./DIV. ~ /Pit 1302A-9/85 DH JSM RAB AN 16 CLC-FORCE MAIN 27 CLC-FORCE MAIN - 18 RC - GRAVITY I I I (, 11 JOO , , " , or CONe ( RA rrD ccKV ) DUCT lel18 \ I",,<::J ~[XlsnNG J' x 5' SPLICE BOX <:I p.G.1 ~ TO 00 TIf-IN WORK \ ,p..y ./'~ rx I S rING ';f-p Ta [PHONE V> BOX " /-- ,p __ <:7-?, ;Y c 6'~ o~ <-=><:7 ~ IIJ55 "SAFEWAY" TRENCH DETAIL ~ N. T. s. . . . . . . STEEL _un CAS I NG --\ \ 00 36" U T.AN eONST . .. MININ. eo. al..' AC o L~~~~SE AGREEMENT P .G. & E MORAGA AREA' . Central Contra Costa Sanitary Ilistrict BOARD OF DIRECTORS PAGE 1 OF POSITION PAPER BOARD MEETINGMay 2, 1991 ~j5f>Fn ON THE NOVEMBER 21, 1990, SEWER OVERFLOW AND RESTORATION WORK AT 238 OVERHILL ROAD, ORINDA - HAROLD AND BEA LUKENS NO. 3. CONSENT CALENDAR c. DATE April 26, 1991 TYPE OF ACTION REPORT ON SEWER OVERFLOW DAMAGE CORRECTION SUBMITTED BY INITIATING DEPT/DIV Jack E. Campbell, ISSUE: Sewer overflows resulting in losses from the Self-Insurance Fund exceeding $5,000 are reported to the Board with information on the corrective action taken and the cost to the District resulting from the incident. BACKGROUND: The Board of Directors has been receiving periodic reports from the General Manager-Chief Engineer on this major sewer overflow. This is the final report on that incident. Mr. & Mrs. Lukens were away for the Thanksgiving Day holiday when a root-plugged line caused a back-up into their home. A neighbor noticed seepage coming through the outside wall of the house; he initiated the District's response and was able to provide immediate access to the District for initiation of the clean-up. Unfortunately, there were three to four inches of sewage which apparently had been in the house for at least 12 hours. As a result, there was extensive damage to the floors, subflooring, floor coverings, and baseboards in the hallway, living room, kitchen, bathroom, and two bedrooms. The two bedrooms had been used for floor to ceiling storage of books, magazines, and other items, all of which had to be inventoried, packed, and moved to a storage facility for safekeeping in order for the clean-up to be completed. Mr. & Mrs. Lukens returned to the area on November 30 and were temporarily housed in a motel during the restoration of their home. A general contractor was retained to do the work which began on December 10; this was completed for a move back in on January 4, 1991. There was a slight delay and increased costs due to the discovery and removal of some asbestos-containing floor tile. The Lukens have been very cooperative. The staff's initial estimate for the loss ranged from $30,000 to $35,000; however, the final total for all of the damage is $25,748. RECOMMENDATION: Receive the report on the November 21, 1990, sewer overflow at 238 Overhill Road, Orinda. No further action is required. PM JL 1302A-9/B REVIEWED AND RECOMMENDED FOR BOARD ACTION INITIATING DEPT.lDIV. \ cL u~ . Central Contra Costa Sanitary Oistrict BOARD OF DIRECTORS PAGE 1 OF POSITION PAPER BOARD MEETING OF May 2, 1991 NO. 4. ENGINEERING a. SUBJECT CONSIDER A REQUEST BY CONTRA COSTA COUNTY FOR APPROVAL OF AN AGREEMENT WITH THE COUNTY TO PROVIDE FOR PAYMENT OF MELLO-ROOS BOND PROCEEDS TO THE DISTRICT IN LIEU OF PAYMENT OF FACILITIES FEES DATE April 26, 1991 TYPE OF ACTION CONSIDER REQUEST SUBMITTED BY INITIATING DEPT/DIV Jay McCoy, Construction Division Manager Engineering Department/Construction Division ISSUE: Contra Costa County (County) has requested the District to enter into an agreement with the County to provide for payment to the District of Mello-Roos bond proceeds from a community facilities district in lieu of payment of otherwise required Facilities Capacity Fees by a developer. BACKGROUND: GBW Properties (GBW) is developing 12 acres of land in Pleasant Hill north of the BART Station. The development includes the construction of 892 apartment units which are considered by the County to be affordable housing. GBW is being required to pay fees to various governmental agencies, including the District, and install public improvements in accordance with conditions placed on GBW for receiving approval to develop their property. The County has undertaken proceedings to form the County of Contra Costa Community Facilities District No. 1991-1 (Pleasant Hill BART Station Area) (the "CFD") pursuant to the Mello-Roos Community Facilities Act of 1982 and is preparing to issue bonds to aid developers within the CFD in financing their fee and improvement requirements. Mello-Roos Financina In 1978 the California voters enacted Proposition 13 which restricted the authorization and sale of new general obligation debt secured by taxes calculated on the value of real property. Such debt had been a primary method used by counties, cities and districts to finance local capital improvements. Proposition 13 also diminished the ability of local public agencies to provide services paid for by ad valorem property taxes. As a result, local public agencies were left with limited alternatives to finance the construction of public facilities and infrastructure improvements, particularly in newly developing areas, and developers and landowners were required to finance and construct public facilities on their land before public agencies would grant required development approvals. The Mello-Roos Community Facilities Act was enacted in 1 982 to provide a method for local governments to fund public facilities and certain services, particularly for newly developing areas. The Act provides that cities, counties and special districts may form "community facilities districts" over specific defined areas within their jurisdiction. A community facilities district is a special financing entity through which a local government is empowered to levy special taxes and issue bonds authorized by a two-thirds (2/3) vote of the qualified electors of such district. Mello-Roos financing is becoming an increasingly popular method of public financing in California. REVIEWED AND RECOMMENDED FOR BOARD ACTION AN jtfJ JS~1 RAB SUBJECT CONSIDER A REQUEST BY CONTRA COSTA COUNTY FOR APPROVAL OF AN AGREEMENT WITH THE COUNTY TO PROVIDE FOR PAYMENT OF MELLO-ROOS BOND PROCEEDS TO THE DISTRICT IN LIEU OF PAYMENT OF FACILITIES 1= 1= p:;: POSITION PAPER PAGE DATE 2 OF 3 April 26, 1991 Contra Costa County PrODosal GBW is required to pay fees to the District prior to receiving sewer service. These fees would normally be collected at the time of connection to the sewer system. The amount of the Facilities Capacity Fees for the 892 apartment units in GBW's development is $1,569,920. The County plans to issue Mello-Roos bonds as noted above, some of the proceeds of which are proposed to be paid to the District in an amount equal to the payment by GBW of the usual and customary Facilities Capacity Fees for the 892 apartments. The developer wishes to pay the monies due the District now, rather than at the time of connection. The bond proceeds would be used to compensate the District for expenditures on District expansion projects that would benefit the development. These projects include the Headworks, Sludge Lime Stabilization, and Pleasant Hill/A-Line Interceptor, among others. District Counsel has reviewed this proposal and sees no legal impediment to entering into a contract for a lump sum capital contribution, in an amount equal to or greater than the total of the fees otherwise required. A Cooperation Agreement between the County and the District has been prepared which contains the following provisions: . Proceeds of the facilities district bonds in the amount of $1,569,920 will be deposited in a separate District account, held by the fiscal agent for the bonds, for the sole and exclusive benefit of the District. · The District agrees to use amounts in its account for capital costs associated with planning, engineering, inspection and construction of specified Sewage Facilities Improvements. · The District is expected to expend all amounts in its account within three years. · The District will be entitled to withdraw amounts from its account at any time upon submission of a requisition request. . After the proceeds are deposited in the District's account, the District will withdraw and expend funds as capital costs are incurred on the Sewage Facilities Improvements. . The District will receive the interest on the bond proceeds on deposit in the District's account. --------.. 1302B-9/85 SUBJECT CONSIDER A REQUEST BY CONTRA COSTA COUNTY FOR APPROVAL OF AN AGREEMENT WITH THE COUNTY TO PROVIDE FOR PAYMENT OF MELLO-ROOS BOND PROCEEDS TO THE DISTRICT IN LIEU OF PAYMENT OF FACILITIES FEES POSITION PAPER PAGE DATE 3 OF 3 April 26, 1991 The provisions of the Cooperation Agreement have been drafted to be consistent with the Mello-Roos Community Facilities Act and federal bond financing restrictions. Staff and legal counsel have considered possible ramifications of the agreement: . It is anticipated that the District will be able to withdraw and expend all funds from the separate Mello-Roos account in a few months. . The intended District use of the funds has been reviewed by District bond counsel and found to be consistent with legal requirements. . There will be no need to make changes to the District's accounting system to accommodate use of the Mello-Roos monies. Staff, District legal counsel and District bond counsel have reviewed the County proposal and believe it will result in no significant increase in risk to the District in regard to payment of fees. The acceptance of direct payments in lieu of Facilities Capacity Fees will be revenue neutral; that is there will be no financial detriment to the District for participating in the Mello-Roos financing vehicle. RECOMMENDATION: Consider the County's proposal. If the proposal is acceptable, adopt a resolution approving an agreement with Contra Costa County to provide for direct payment to the District of Mello-Roos bond proceeds from the County of Contra Costa Community Facilities District No. 1991-1 (Pleasant Hill BART Station Area) in lieu of otherwise required payment of Facilities Capacity Fees by a developer. 13028-9/85 . Centra. ':ontra Costa Sanitarv Jistrict BOARD OF DIRECTORS PAGE 1 OF 4 POSITION PAPER BOARD MEETING OF May 2, 1991 NO. 5. COLLECTION SYSTEM a. SUBJECT AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE A CONTRACT WITH GELCO, INC. FOR THE RENOVATION OF 1,505 FEET OF SEWER PIPE USING INSITUFORM WITH A COST CEILING OF $125,000 DATE April 29, 1991 TYPE OF ACTION AUTHORIZE AGREEMENT SUBMITTED BY INITIATING DEPT.lDIV. Tom Godsey, Assistant Engineer Collection System Operations ISSUE: Board authorization is required to exempt District Projects from public bidding for field testing purposes. BACKGROUND: There are portions of the District's collection system that have deteriorated to the point where rehabilitation is necessary to prevent pipe failure and collapse. As part of an ongoing renovation program, the 1990/91 Capital Improvement Budget includes funds for renovating collection system facilities in demonstration projects using emerging sewer rehabilitation technologies (CSO Sewer Renovation Program, page CS 99-100). This project will rehabilitate three pipe segments totaling 1,505 feet. They are located in Walnut Creek and Lafayette. One segment is located in a private street (Oak Park Lane) and two segments are located in narrow residential easements with difficult access and mature landscaping. The general locations are shown on Attachment 1. The three segments were selected because of their deteriorated condition and their high level of ongoing maintenance requirements. The renovation of the three pipe segments using the Swage lining method was approved by the Board at its January 23, 1991 meeting. The Swage lining licensee, Dowell-Schlumberger, has refused to perform the work in conformance with the original conditions and specifications based upon a reevaluation of the field conditions and the limitations of their technology. The Insituform technology was selected to replace the Swage lining technology for the completion of this demonstration project because it is suitable for the anticipated conditions (structural distress, horizontal and vertical curves, and minimal loss of flow area). Insituform is a cured-in-place lining technology. While this technology has been available for many years, it has never been used by the District. This field test will provide first-hand knowledge of how Insituform will perform under local soil conditions. This project will also demonstrate a new lateral reinstatement method designed to specifically meet District staff requirements. The Insituform process is covered by United States Patents 4640260, 4366021, 4385885, 43905974, 4401696, and 4439469. Gelco, Inc. is the exclusive licensee for the Insituform REVIEWED AND RECOMMENDED FOR BOARD ACTION ~ JAL SUBJECT AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE A CONTRACT WITH GELCO, INC. FOR THE RENOVATION OF 1,505 FEET OF SEWER PIPE USING INSITUFORM WITH A COST CEILING OF $125,000 POSITION PAPER PAGE 2 OF DATE 4 April 29, 1991 technology in Northern California. The Board may, therefore, elect to exempt this project from public bidding since it is only available from one source. Staff feels that this project should be exempted from the bidding process on the basis of being a field test since 1) this project will be the first application of inversion lining in the District's collection system and 2) one of the objectives of this project is to demonstrate the applicability of using this technology on future sewer rehabilitation projects. The total cost for this project will be $206,000. District forces would provide sewer locating; CCTV inspection; access to easements; excavations for lateral reinstatement; site restoration; public information; project management; inspection and other support activities as needed. The participation of District forces on this project is important to obtain field information regarding Insituform and to assess its applicability on future sewer rehabilitation projects. Attachment 2 provides a breakdown of the project cost. This project has been evaluated by staff and it has been determined to be exempt from the California Environmental Ouality Act (CEOA) under District CEOA Guidelines Section 18.3, since it involves replacement of existing sewer facilities with no expansion of capacity. Board of Director's approval of this project will constitute agreement with this determination unless otherwise indicated. RECOMMENDA TION: 1) Exempt this project from public bidding requirements. 2) Adopt a resolution making a finding that the Insituform technology is designated by trade name in the project in order that a field test may be made to determine if Insituform technology is suitable for future District use. (Public Contracts Code Section 3400(b).) 3) Authorize the General Manager-Chief Engineer to execute a contract with Gelco, Inc. for the rehabilitation of 1,505 feet of sewer at a cost not to exceed $125,000. 13028-9/85 CSOO/PosPap/GELPP Orinda 8J Walnut Creek Q o PROJECT LOCATION o Brookwood Drive, Contra Costa County @ Oak Park Lane, Pleasant Hill 8) Lakewood Road, Walnut Creek Central Contra Costa Sanitary District INSITUFORM DEMONSTRATION PROJECT LOCATIONS Attachment 1 ATTACHMENT 2 INSITUFORM DEMONSTRA TION PROJECT PROJECT COST SUMMARY Gelco, Inc. District Force Account CSO Forces (1) $ 125,000 Subtotal $ 35,000 $ 10,000 $ 12,750 $ 2,500 $ 2.500 $ 187,750 $ 18.250 $ 206,000 Construction Inspection Equipment Rental (2) Material Cost Paving Construction Contingency (10 %) TOTAL PROJECT COST (1) Force account to provide for sewer locating, CCTV Inspection, access to easements, pit excavations, and site restoration. (2) Trench place and shoring rental associated with lateral reinstatement excavations in Oak Park Lane. - ------------------.-----.-------_______------L...____.._. . Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 25 POSITION PAPER BOARD MEETING OF May 2, 1991 NO. 6. PERSONNEL a. April 29, 1991 SUBJECT DATE ADOPT MEMORANDUM OF UNDERSTANDING (M.O.U.) WITH THE MANAGEMENT SUPPORT/CONFIDENTIAL GROUP, EFFECTIVE MAY 1. 1991 THROUGH APRIL 30, 1994 TYPE OF ACTION ADOPT M.O.U. SUBMITTED BY Paul Morsen, Deputy General Manager INITIATING DEPT.lDIV Administrative ISSUE: Board representatives and representatives of the Management Support/Confidential Group (MS/CG) have, on April 16, 1991, agreed to the attached Memorandum of Understanding. The agreement was ratified by the MS/CG membership; accordingly, presentation to the Board of Directors for final adoption is now appropriate. BACKGROUND: Board representatives and representatives of the Management Support/Confidential Group have met and conferred in an effort to agree on a Memorandum of Understanding covering those employees designated Management Support and Confidential. A great deal of work has been accomplished on both sides of the table which has resulted in the attached Memorandum of Understanding. The District's current Memorandum of Understanding with the MS/CG expires on April 30, 1991. It is proposed that the M.O.U. attached to this position paper be made effective May 1, 1991. Attached is written confirmation of ratification from the Management Support/Confidential Group President. Highlights of the three-year agreement are as follows: 1 . This agreement will be effective for three years commencing May 1, 1 991, and terminating April 30, 1994. 2. Effective May 1, 1991, the District will provide a 3.25% percent general salary increase. In the second and third years of the M.O.U., the wage adjustment shall be based on changes in the Consumer Price Index (CPI) for all Urban Consumers (San Francisco/Oakland) during the February, 1991 to February, 1992 base period with a floor of three percent (3%), and a ceiling of eight percent (8%). 3. The two-tier benefit system currently in effect at the District remains unchanged. 4. The amount of leave time granted MS/CG employees remains unchanged from the previous M.O.U. 5. In the first year of the M.O.U., the District will contribute an additional 1/4 of the employees' share of the Retirement Payment. In the second year of the M.O.U., the District will contribute the remaining 1/4 of the employees' share of the Retirement REVIEWED AND RECOMMENDED FOR BOARD ACTION N 13~185 _,..______.___ _.._.__~,_.,_.._._..__._._,~___._~_.__.____._..~__...'_..____.._.._"'..,..___,.,__._.__,__.~._.____._ _._._. . .,_,,_.._.__~_."_ ,,____...__._~..,__w__.,',.,_,. '. SUBJECT POSITION PAPER ADOPT MEMORANDUM OF UNDERSTANDING (M.O.U.) WITH THE MANAGEMENT SUPPORT ICONFIDENTIAL GROUP. EFFECTIVE MAY 1. 1991 THROUGH APRIL 30. 1994 PAGE 2 OF 25 DATE April 29. 1991 Payment which will be netted from the CPI adjustment. During the period of this Memorandum of Understanding. the employee will continue to contribute the employee cost-of-living (COl) share to the retirement system as required by the Contra Costa County Retirement System. 6. The Rule of Four has been abolished; all recruitments will be open and promotional. The top three in-house candidates will always have an interview with the appointing authority. Only those out-of-house candidates who rank among the top three will be interviewed. 7. The long-term disability waiting period will be decreased from one year to six months. 8. Nominal increases in the Cafeteria Plan. Tuition Reimbursement. dual health coverage. and safety shoes. have been granted. The attached Memorandum of Understanding more clearly sets forth certain Personnel policies and procedures in furtherance of the District's goal of reducing the potential for misunderstandings and inconsistent administration. Two side letters to the new Memorandum of Understanding were executed as part of the agreement. The side letters provide for: support of a drug free work place and recognition of the District's right to conduct pre-employment drug testing; and agreement that when an employee is requested by the District to be deposed, he/she will be compensated according to standard pay procedures. The professional attitude of the Management Support/Confidential Group's negotiating committee and their willingness to address problems and seek resolution contributed greatly to the positive atmosphere that produced this agreement. Board representatives wish to acknowledge this good faith spirit. and commend the MS/CG committee members for the outstanding manner in which they represented their constituency during the meet and confer process. RECOMMENDATION: Adopt the attached Memorandum of Understanding between the District and the Management Support/Confidential Group. effective May 1. 1 991 . 13026-9/85 ----~...----"_._----------"---_._.,--_._..._--_...._--.,..--.---.,-..-... .._.__.~...~-_.,._.._-,-.._-_._--_.._,.,- MANAGEMENT SUPPORT/CONFIDENTIAL GROUP 5019 IMHOFF PLACE MARTINEZ, CA 94553 April 18, 1991 TO: PAUL MORSEN V \~d" Y FROM: JOSE M. LOPEZ SUBJECT: APPROVAL OF PROPOSED MEMORANDUM Of UNDERSTANDING FOR THE MANAGEMENT SUPPORT/CONFIDENTIAL GROUP On April 16, 1991, the general membership of the Management Support/Confidential Group approved the proposed Memorandum of Understanding, which was negotiated by the negotiating committee for the Management Support/Confidential Group and the District. JML:mg MEMORANDUM OF UNDERSTANDING Between CENTRAL CONTRA COSTA SANITARY DISTRICT And The MANAGEMENT SUPPORT/CONFIDENTIAL GROUP May 1, 1991 through April 30, 1994 TABLE OF CONTENTS Page PREAMBLE .................................................. 1 Recognition and Coverage ................................... 1 Rights ................................................. 1 ARTICLE I PAYROLL DEDUCTION OF DUES ........................... 2 ARTICLE II PAY .............................................. 2 ARTICLE III GRIEVANCE PROCEDURE ............................... 2 Matters Subject to Grievance ................................. 2 Matters Not Subject to Grievance . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 Procedure .............................................. 3 Step One ...................................'....... 3 Step Two . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 3 Step Three ......................................... 3 Step Four . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4 Miscellaneous Provisions .................................... 4 Group Grievances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4 Employee-Processed Grievance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4 Grievance Witness ........................................ 5 Grievance Processing During Regular Working Hours . . . . . . . . . . . . . . . .. 5 Separate Grievance File . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5 ARTICLE IV DISCIPLINE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5 ARTICLE V APPOINTMENT OF RELATIVES . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5 ARTICLE VI VACATION................................. . . . . . . .. 6 General ................................................ 6 Vacation Earnings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6 Use of Vacation Accumulation ................................ 7 Accrual Credit ........................................... 7 Termination ............................................. 7 Payment of Accumulated Vacation Time ......................... 7 ARTICLE VII HOLIDAYS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7 Holiday Schedule ......................................... 7 Weekend-Designated Holidays ................................ 8 Holiday Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 8 ._--~,----,--,_._--~_._~-----------_...._---~--_.._-- ----,---_.._._-"-_.--_..~"---'- ARTICLE VIII LEAVES .......................................... 8 Sick Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8 Sick Leave Accumulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8 Sick Leave Incentive Benefit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8 Salary Continuance Plan .................................... 9 Death in Family .......................................... 10 Jury Duty .............................................. 10 Military Leave . . . . . . . . . . . . . . . . . . . . .". . . . . . . . . . . . . . . . . . . . . . . 10 Pregnancy Disability ..............................,........ 10 Leave of Absence Without Pay ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 0 Administrative Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE IX CAFETERIA PLAN .................................... 11 ARTICLE X GENERAL INCREASES ................................. 11 ARTICLE XI PROBATION PERIOD UPON RECLASSIFICATION ............... 11 ARTICLE XII MERIT INCREASES ................................... 11 ARTICLE XIII PROFESSIONAL REGISTRATION ......................... 1 2 ARTICLE XIV EDUCATION-TUITION REFUND POLICY .................... 12 ARTICLE XV LONGEVITY COMPENSATION ........................... 1 2 Career Service Pay ........................................ 1 2 ARTICLE XVI SHIFT DIFFERENTIALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Work Week ............................................. 12 Night Shift Differential . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Swing Shift Differential ..................................... 13 ARTICLE XVII FILLING OF VACANT POSITIONS ........................ 13 ARTICLE XVIII LATERAL TRANSFERS ............................... 13 ARTICLE XIX OVERTIME ACCUMULATION ........................... 13 ARTICLE XX EMPLOYEE BENEFITS ...................... '. . . . . . . . . . . 14 Health Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Dual Health Coverage ...................................... 14 Retirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Deferred Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Dental Plan ............................................. 14 Disability Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 ._"------~_.,,--~---_._.__.,,_..,--~----"...,.,~--~.._~"-.-.._..__..,..._...,._"._--_..._._~.._....,-'-'--.....-,._._"~-"._.- Term Life Insurance Plan .................................... 15 Continuance of Benefit Plan .................................. 15 ARTICLE XXI EMPLOYEE ASSISTANCE PROGRAM ...................... 15 ARTICLE XXII SAFETY EQUIPMENT ................................ 15 ARTICLE XXIII MILEAGE REIMBURSEMENT ........................... 16 ARTICLE XXIV PERSONAL AND DISTRICT PROPERTY . . . . . . . . . . . . . . . . . . . . 16 ARTICLE XXV SUBSTANCE ABUSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 ARTICLE XXVI DRIVER'S LICENSE REQUIREMENTS ..................... 16 ARTICLE XXVII NON DISCRIMINATION .............................. 17 ARTICLE XXVIII SAVINGS ....................................... 17 ARTICLE XXIX PAST PRACTICES .................................. 17 ARTICLE XXX TERM ........................................... 17 Signatures To Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 .._-----------~._-_..,.~_._--- ..' ...-..._._._.....__._--...__.'--_._---~...__._-~ , MANAGEMENT SUPPORT/CONFIDENTIAL GROUP MEMORANDUM OF UNDERSTANDING PREAMBLE RECOGNITION AND COVERAGE The Management Support/Confidential Group, hereafter known as the MS/CG, is the formally recognized exclusive employee representative for all employees other than General Employees, Management Employees, and Executive Management Employees. The MS/CG shall represent all regular employees currently designated by Resolution of the Board of Directors. The determination for new and reclassified positions shall be in accordance with the District's Employer/Employee Relations Ordinance. RIGHTS The Board of Directors' Representatives and duly appointed Representatives of the MS/CG will meet and confer in good faith. The Board of Directors, or any agent thereof, agrees that there will be no interference, restraint, or coercion against the MS/CG or against any employee because of his/her group membership or group activity. It is the intent and purpose of the parties hereto to promote harmonious, economic, and industrial relationships between the District and MS/CG and to effect the best possible service at the most effective cost to the customers of the District. The District and MS/CG jointly agree to perform faithfully the obligations imposed by this Memorandum of Understanding, and furthermore, agree that the provisions contained herein shall be recognized as the sole statement of contractual rights and obligations between the two parties, except however, that all rights, privileges, and benefits secured prior to this agreement shall remain in full force and effect, except as may be provided herein. The District has the sole and exclusive right to determine the consideration of the merits, necessity, or organization of any service or activity provided by law or Executive Order. Additionally, the rights of the District include, but are not limited to, the exclusive right to determine the missions of its constituent departments and divisions; set standards of services; determine the procedures and standards of selection for employment and promotion; direct, classify, and assign its employees; require overtime, when necessary, for operations of the District; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of District operations, including, but not limited to, the contracting or subcontracting of production, service, maintenance, or other type of work performed by the District; determine the methods, means, and personnel by which District operations are to be conducted; 1 determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work; provided, however, that the exercise of such District rights shall not conflict with the express provisions of this Memorandum. ARTICLE I PAYROLL DEDUCTION OF DUES The District shall provide payroll deduction of dues for the MS/CG employees, provided however, that a signed payroll deduction form is executed by the employee specifying the amount to be deducted and is in the Accounting Office by the fifteenth of the month prior to its effective date. The monies withheld shall be turned over to the treasurer of the MS/CG by the fifteenth of the following month. ARTICLE II PAY The District shall distribute paychecks on the last regular District working day of each month. Any outstanding Vacation or Sick Leave and Earned Overtime due the employee at the time of termination, retirement, or resignation will be calculated and issued to the employee with the final paycheck. The balance of unused accumulated sick leave is credited as longev.ity upon retirement. ARTICLE III GRIEVANCE PROCEDURE It shall be the policy of the District and the MS/CG to develop and practice reasonable and effective means of resolving difficulties which may arise among employees, to reduce potential problems, and to establish channels of communication. The grievant may elect, in writing, to represent himself/herself rather than have the MS/CG provide representation. If the grievant elects to represent himself/herself at this step, or at any later step, the MS/CG shall be relieved of any further obligation of representation and shall be relieved of any obligation to share in any further expense of the grievance procedure. No resolution shall be inconsistent with the terms of this Agreement. Matters Subject to Grievance Any complaint an employee has concerning the interpretation or application of rules, regulations, policies, or procedures governing personnel practices, working conditions, wages, hours, and other terms and conditions of employment. Matters Not Subject to Grievance The District policies, rules, and regulations as such. 2 A rating as given in an Employee Performance Appraisal. Disciplinary and Termination Actions as outlined in the District's Discipline Policy and Procedures. PROCEDURE Step One The grievant shall, within fifteen (15) working days, from when the employee knew of the occurrence, present and discuss any difference or grievance with his/her immediate supervisor. Both the grievant and his/her supervisor shall make a bonafide effort to amicably settle such differences. The supervisor shall respond within five (5) working days after the final meeting with the grievant. If, after this response, the grievant does not believe the problem has been satisfactorily resolved, then the grievant shall have the right to proceed to Step Two of this procedure within five (5) working days after receipt of the supervisor's written response. Step Two In the event such differences are not settled and the grievant desires the grievance to be considered further, it shall be presented, in writing, within five (5) working days by the employee involved, and/or his/her representatives to the grievant's Department Manager. A meeting shall be arranged by the Department Manager within five (5) working days of receipt of the written grievance. The grievance shall be discussed with the grievant, and pertinent facts brought to light. The Department Manager shall respond, in writing, within five (5) working days after the final meeting rendering the decision. Failure of the grievant to take further action within five (5) working days after receipt of the decision will constitute withdrawal of the grievance. Step Three In the event such differences are not settled at Step Two and the grievant desires the grievance to be considered further, it shall be presented, in writing, within five (5) working days to the General Manager-Chief Engineer or his designated representative who will discuss the grievance with the grievant, his representative or representatives, and with other appropriate persons within ten (10) days of receipt of the grievance. The General Manager-Chief Engineer may designate a person, not in the grievant's normal line of supervision, to advise him concerning the grievance. A record may be maintained of information presented. The General Manager-Chief Engineer shall render a decision, in writing, to the grievant within ten (10) working days after hearing the grievance. Failure of the grievant to take further action within ten (10) working days after receipt of 3 the General Manager-Chief Engineer's decision will constitute withdrawal of the grievance. Step Four In the event such differences are not settled and the grievant desires the grievance to be considered further, it shall be presented, in writing, to the Secretary of the Board within five (5) days of receipt of the General Manager-Chief Engineer's decision. The Secretary shall calendar the matter at the next regularly scheduled Board Meeting in keeping with established guidelines for calendaring an agenda item. The Board may employ a neutral third party to hear the matter and recommend action to the Board. The Board may adopt, reject, or modify the recommendation of the Board-appointed neutral third party. The decision of the Board is the final action of the District. Miscellaneous Provisions No grievant shall, at any stage of the grievance procedure, be required to meet regarding the grievance with any supervisor or manager without organizational representation, nor shall any supervisor or manager be required to meet with the grievant regarding the grievance without benefit of counselor representation. No waiver of time lines must be granted either party due to the lack of available counsel. In certain grievances, the first and/or second steps may be deleted if the grievance arises out of an action by an authority above the level of the grievant's supervisor. However, such grievances will begin at a level no higher than Step 3 of this grievance procedure. Failure at any step of this procedure to communicate the decision on a grievance within the specified time limits shall permit the lodging of an appeal at the next step of the procedure within the time allotted, had the decision been given. Failure to appeal a decision within the specified time limits shall be deemed a withdrawal of the grievance. The time limits specified in this procedure may be extended, in any specific instance, by mutual agreements, in writing. Group Grievances If the grievance involves employees with different immediate supervisors, the grievance may be filed at the appropriate step of the grievance procedure. However, such grievance will begin no higher than Step 3 of this grievance procedure. Employee-Processed Grievance An employee covered by this Agreement may present a grievance directly and have such 4 grievance adjusted without intervention of the MS/CG as long as the adjustment is not inconsistent with the terms of this Agreement. Grievance Witnesses The District shall endeavor to make available for testimony in connection with the grievance procedure reasonable requests for District employees to appear when requested by the grievant, the MS/CG, or the District. Any employee witnesses required to appear in connection with this Article shall suffer no loss of normal pay, but will not receive any form of overtime compensation in connection with his/her appearance. Grievance Processing During Regular Working Hours The grievant and his/her representative(s) shall normally be entitled reasonable time to . process a grievance during normal working hours with no loss of payor benefits, provided the grievant has the permission of his/her supervisor. Such permission shall not be unreasonably withheld. Separate Grievance File All materials concerning an employee's grievance shall be kept in a file separate from the employee's personnel file which file shall be available for inspection only by the grievant, his/her representative, with approval by the grievant and management, supervisory, and confidential employees who can demonstrate a need to review the file. ARTICLE IV DISCIPLINE All negative evaluations, written warnings, discussion records, or other records of discipline shall remain a part of the employee's personnel file. ARTICLE V APPOINTMENT OF RELATIVES Members of immediate family of elected or appointed officials shall not be appointed to District employment. Members of the immediate family of employees shall not be employed by the District. Those relatives appointed before July 1, 1 982, shall not be appointed to the same division, nor shall be transferred, promoted, or demoted into the same division, nor be placed in such a position as to evaluate a relative or be in the same line of supervision. Immediate family members are defined as mother, father, brother, sister, son, daughter, in-laws, or grandparents. This provision shall apply to all types of employment status. 5 ARTICLE VI VACATION General: All employees, with the exception of Temporary status employees, earn paid vacation time from the first month of employment. However, a new employee without District tenure may not use any accumulated vacation time until after completion of six (6) months service. Thereafter, accumulated vacation time may generally be used as desired, subject to the approval of the appropriate supervisor, subject to two (2) weeks notice in advance. The schedule of vacation days and the maximum number of vacation days which may be accumulated and deferred are shown in the following tables: Vacation Earnings: A. Current regular or probationary employees hired by the District prior to May 1, 1985, earn ten (10) hours of vacation per month worked plus additional allowance for longevity after five (5) years. Years of Service Annual Vacation Allowance' Maximum Number of Vacation Days Which Can Be Accumulated and Deferred 0-5 Years 5-10 Years 1 0-1 5 Years 15-20 Years 20-25 Years 25-30 Years 30 & Over 1 5 Days 1 6 Days 17 Days 20 Days 25 Days 30 Days 35 Days 30 Days 32 Days 34 Days 40 Days 50 Days 60 Days 70 Days B. Regular or probationary employees hired by the District after May 1, 1985, learn 6.67 hours of vacation per month worked 0-3 years; and ten (10) hours of vacation per month worked 3-5 years; plus additional allowance for longevity after five (5) years worked. Years of Service Annual Vacation Allowance Maximum Number of Vacation Days Which Can Be Accumulated and Deferred 0-3 Years 3-5 Years 5-'0 Years , 0-' 5 Years 1'5-20 Years 20-25 Years 25 & Over 1 0 Days 1 5 Days 1 6 Days 1 7 Days 20 Days 25 Days 30 Days 20 Days 30 Days 32 Days 34 Days 40 Days 50 Days 60 Days 6 Use of Vacation Accumulation: All employees shall be afforded (1) one calendar year from the anniversary date to use such extra vacation days to or below the permitted maximum limits prior to any forfeiture of vacation days. Accrual Credit: The extra days accrued due to service of over five (5) years are credited to each employee's account on his/her anniversary date. Employees are notified as they reach the maximum accrual limit. Termination: If an employee leaves the District for any reason, he/she will be paid for any earned vacation time not used. Payment of Accumulated Vacation Time: A. Employees may request payoff of accumulated vacation time. B. Payment shall be considered if the applicant can demonstrate the need for payment to alleviate serious financial problems. C. Employees must have either taken ten (10) days of vacation time within the calendar year of application or have accrued sufficient vacation time to take a mandatory ten (10) days of vacation time off within the calendar year of application. D. The maximum number of days which will be considered for payment in anyone calendar year shall be twenty (20) days. E. The employee shall submit a letter of request for payment of accumulated vacation to his/her Department Manager which shall include the number of days pay requested and the reason for the request. The request will then be submitted to the General Manager-Chief Engineer. If all of the conditions specified above are satisfied, the request will be considered. The above policies do not apply to termination of employment or retirement. ARTICLE VII HOLIDAYS Holiday Schedule: There are thirteen (13) paid holidays. · New Year's Day (January 1) · Veteran's Day (November 11) · Martin Luther King, Jr.'s Birthday (Third Monday in January) · Thanksgiving Day (Fourth Thursday in November) · Lincoln's Birthday · Day after Thanksgiving 7 (February 12) · Washington's Birthday (Third Monday in February) · December 24 · Memorial Day (Last Monday in May) · December 25 · Independence Day (July 4) · December 31 · Labor Day (First Monday in September) Weekend-Designated Holidays: If a designated holiday falls on a Saturday, the preceding work day not a holiday shall be deemed to be the holiday and if the holiday falls on a Sunday, the following work day not a holiday shall be deemed to be that holiday. Holiday Compensation: All employees, with the exception of Temporary status employees who are required or authorized to work on a holiday listed above, will be paid at the rate of time and one-half the normal regularly assigned basic pay rate in addition to the normal monthly pay except for New Year's Day, Thanksgiving Day, and Christmas which will be paid at a double-time rate in addition to the normal monthly pay. Employees required to work on a Friday immediately preceding a holiday or Monday immediately following will receive pay at time and one-half the normal basic pay rate or receive time and one-half off at a later date. ARTICLE VIII LEA VES Sick Leave: Current regular or probationary employees hired by the District prior to May 1, 1985, earn fifteen (15) days sick leave per year. Regular or probationary employees hired by the District after May 1, 1985, earn twelve (12) days sick leave per year. Sick leave is to be used only in case of real sickness, disability, medical, or dental care for the employee, or up to five (5) days annually may be used to attend to health needs of an immediate family member. If all accumulated sick leave is used, earned vacation time may be used as sick leave in order to receive full regular pay. Probationary employees are eligible to use earned sick leave as required. Sick Leave Accumulation: Unused sick leave accumulates from one year to the next. There is no maximum limitation. The balance of unused accumulated sick leave is credited as longevity upon retirement. Sick Leave Incentive Benefit: For current regular or probationary employees hired by the District prior to May 1, 1985, the District shall augment the regular sick leave policy with an incentive benefit using a formula crediting eighty-five (85%) percent of the employee's 8 yearly unused sick leave to an accumulating account for that person. For regular or probationary employees hired by the District after May 1, 1985, the following schedule shall apply: Years of Service Pay-off Credit at Termination Pay-off Credit at Retirement o - 5 Years 5 - 10 Years 10 -25Years 25 and Over o Percent 25 Percent 25 Percent 25 Percent o Percent 25 Percent 35 Percent 40 Percent Payment for all credited sick leave will be made upon retirement or termination of employment only if the employee provides the District with a minimum of two (2) weeks notice. Salary Continuance Plan: It shall be the general policy of the District to continue pay to an employee under the Salary Continuance Plan when an employee incurs a work-related injury or illness. This plan commences if the employee qualifies for Worker's Compensation for the disability and, if in the opinion of the District, the disability is work-related. If the injury or illness is determined legitimate, all of the employee's regular benefits will continue during the time this plan is in effect. The salary continuance will be equivalent to seventy (70%) percent of gross compensation less any Worker's Compensation payments. The maximum period for which this plan could be used by an employee will be six (6) months or until a stable level of disability is reached, whichever occurs first. The District's policy for charging sick leave for work-incurred injuries or illnesses shall be as follows: An employee requiring medical attention for a work-incurred injury or illness will not be required to charge the portion of time spent on the day of the injury receiving medical care to his/her sick leave record. After the doctor has released the employee from his office, any additional time off on that day will be charged to the employee's sick leave account. The first day of the three-day waiting period required by the State Compensation Insurance Fund begins the day following the date on which the injury or illness occurred. District Salary Continuance Plan benefits shall begin on the same day as State Compensation benefits commence. However, if the injury or illness causes disability of more than twenty-one (21) days or necessitates hospitalization, the Salary Continuance Plan will become effective from the first day the injured employee leaves work as a result of the injury or illness. The employee may use vacation or sick leave accrual or earned overtime during this 9 waiting period. Death in Family: In the event of a death in the immediate family of an employee, the employee may, after notifying his/her supervisor, be absent up to a maximum of five (5) days and have the time off charged to his/her sick leave account. Accrued vacation time may be used if additional time is required. "Immediate Family" consists of the following persons: mother, father, husband, wife, brother, sister, son, daughter, in-laws, or grandparents. Verification may be required. Jury Duty: If an employee is called for jury duty, he/she may either take the time off with pay and turn over to the District any monies received (not including mileage allowance or meal expense) as a juror, or he/she may take vacation leave or leave without pay and keep all the monies paid to the employee. Mileage allowances shall be kept by the employee under any circumstances. Military Leave: Employees who are assigned to military duty are entitled to military leave in accordance with the provisions of applicable state laws (California Military and Veterans Code, Section 395 et seq.). Pregnancy Disability: For the purposes of the State Disability Insurance, Pregnancy Disability Leave is effective the first date the employee is disabled. The District will require verification from the employee's physician. Eg. If an employee's last day of work is 9/1 and the baby is delivered on 10/1, then the effective date of Pregnancy Disability Leave will be 9/1. Upon termination of the disability, (generally six weeks following a regular delivery, eight weeks following a Caesarean Section, or the length of the disability whichever is longer), the employee will no longer be able to use sick leave, but will be allowed to use any accrued vacation, earned overtime, or leave without pay. The combination of time off for approved Pregnancy Disability Leave and Leave Without Pay may extend up to a maximum of six (6) months from the birthdate of the child, subject to Board of Directors' approval. Leave of Absence Without Pay: Employees may request a leave of absence without pay through his/her supervisor. A leave of absence without pay for up to five (5) working days may be approved by the Department Manager and the General Manager-Chief Engineer. Longer leave shall require the approval of the Board of Directors and may be made if there is a compelling reason and the employee's work unit will not be unduly affected by the employee's absence. During an extended leave, the employee's employment status and seniority will remain unchanged. Health plan insurance benefits will be continued for only medically-related leaves. However, all other rights, privileges, and benefits of employment are suspended until the employee's return to active employment. Administrative Leave: Administrative leave shall be granted for all employees covered under this Agreement at two (2) days per year (May 1 through April 30). 10 ARTICLE IX CAFETERIA PLAN All employees covered under this Agreement shall be provided $100 per month for use on the Cafeteria Plan, effective May 1, 1991; $110 per month, effective May 1, 1992; and $120 per month, effective May 1, 1993. ARTICLE X GENERAL INCREASES Effective May 1, 1991, the District shall contribute three quarters (3/4) of the employee's current basic retirement contribution, and will provide a 3.25 percent general salary increase. Effective May 1, 1992, the wage adjustment shall be based on changes in the Consumer Price Index (CPI) for all Urban Consumers (San Francisco/Oakland) during the February, 1991 to February, 1992 base period. Depending on the CPI, the wage adjustment shall be at least three (3%) percent, but no more than eight (8%) percent. The District shall contribute the final one quarter (114) of the employee's current basic retirement contribution which will be netted from the CPI adjustment determined above. Effective May 1, 1993, the wage adjustment shall be based on changes in the Consumer Price Index (CPI) for all Urban Consumers (San Francisco/Oakland) during the February, 1992 to February, 1993 base period. Depending on the CPI, the wage adjustment shall be at least three (3%) percent, but no more than eight (8%) percent. During the period of this Memorandum of Understanding, the employee will continue to contribute the employee cost-of-living (C.O.L.) share to the retirement system as required by the Contra Costa County Retirement System. ARTICLE XI PROBATION PERIOD UPON RECLASSIFICATION The probationary period for members of Management Support/Confidential Group who are reclassified is six months. ARTICLE XII MERIT INCREASES Employees normally receive a salary range increase upon satisfactory completion of their Probationary Period and a merit increase of one salary step every twelve (12) months from the date they achieve permanent status until they reach the top of their range. This merit increase shall only be withheld based upon an unacceptable overall evaluation rating as noted in an Employee Performance Appraisal Form. During the term of this Memorandum of Understanding, the District shall use the Employee Performance Appraisal Form. 11 ARTICLE XIII PROFESSIONAL REGISTRATION The District shall pay the registration and renewal fees for all professional registered engineers, licensed land surveyors, and those employees who hold a current California Wastewater Treatment Plant Operator's Certificate. The registration and/or certificate must be a requirement of the employee's classification. Some employees are required by law or job classification to hold a license, certificate, or professional registration. If an employee does not possess the required license, certificate, or professional registration at the time of hire or promotion, the employee may be given two (2) or more opportunities to take and pass the necessary examinations to meet the requirements of the job. The maximum time allowed to obtain the license certificate or professional registration shall be two (2) years from the employee's date of hire or promotion. During this period, the employee shall remain in a probationary status and shall be ineligible for any merit pay increases. ARTICLE XIV EDUCATION-TUITION REFUND POLICY The District will reimburse employees (with the exception of those in a temporary status or on a Leave Of Absence) desiring to further their education for the purpose of improving their on-the-job performance. Approval will be given only for courses within the scope of the employee's employment field and District job responsibilities. Class and study time must be outside of the employee's working hours, and the completion of the course must result in at least a C grade or its equivalent. The maximum tuition refund to an eligible employee shall not exceed $600 per fiscal year. An employee may elect to apply part of the tuition refund toward the purchase of course-required textbook(s), which will then be retained by the District at the completion of the course. Requests for the budgeting of education tuition refunds must be submitted to the employee's Department Manager by March 15 of each year. ARTICLE XV LONGEVITY COMPENSATION Career Service Pay: A two and one-half (2 Y:z %) percent career service pay increase will be granted to employees after ten (10) years of employment with the District. ARTICLE XVI SHIFT DIFFERENTIALS Work Week: The normal work week for full time non-shift employees is eight (8) hours per day. Although most employees are scheduled to work Monday through Friday, some services and operations are currently scheduled on a 24-hour basis, seven (7) days a week. Night Shift Differential: Night Shift Differential applies only to employees who are 12 regularly scheduled to work night shift. The rate of pay for the Night Shift Differential is determined by increasing the basic hourly salary for the job by seven and one-half (7 ,1/2%) percent. If the night shift is extended beyond the normal assigned shift period (hours or days), overtime will be paid based on the employee's basic salary. Swing Shift Differential: Swing Shift Differential applies only to employees who are regularly scheduled to work Swing Shift. The rate of pay for the Swing Shift Differential is determined by increasing the basic hourly salary for the job by five (5%) percent. If the Swing Shift is extended beyond the normal assigned shift period (hours or days), overtime will be paid based on the employee's basic salary. ARTICLE XVII FILLING OF VACANT POSITIONS When an opening occurs for a position which is not included in the Personnel Advancement Policy, employees may compete on an open/promotional basis. Employees must meet the minimum qualifications of the open position to apply. At the conclusion of the recruitment and testing process, an eligibility list of candidates will be prepared. A District manager or his/her designated representative will inte~view and select from the candidates on the eligibility list in the following manner: the three highest ranking District employees shall be interviewed and any outside candidates who place among the top three candidates on the eligibility list shall be interviewed. ARTICLE XVIII LATERAL TRANSFERS All individuals eligible (in the same classification), who are not on probation, and who submit applications to the Personnel Office will be interviewed by the Department Manager or his/her designated representatives when a vacancy exists and will be considered prior to any other recruitment activity. ARTICLE XIX OVERTIME ACCUMULATION Compensation for overtime work shall be paid at the next pay period, or the time and one-half hours may be accumulated as "Earned Overtime," to a maximum of forty (40) hours with an eighty (80) hour limit on Earned Overtime taken off per year. Exceptions to this limit for bonafide family emergencies shall be considered by the District on a case-by-case basis. When required to maintain the operations of the District, the District may require Overtime. 13 ARTICLE XX EMPLOYEE BENEFITS Health Plans: Current reQular or probationary employees hired by the District prior to May 1, 1985, shall be provided with a fully paid Kaiser Health Plan or HEALS Health Plan. Should the cost of the HEALS Health Plan exceed the cost of the Kaiser Health Plan by more than ten (10%) percent, the employee enrolled in HEALS shall be required to contribute the premium amount above the ten (10%) percent differential. Those current employees, regular or probationary, enrolled in the Kaiser or HEALS Health Plans may transfer to the Prudential Health Plan, however, the employee must pay the difference in cost between the plans. Employees covered by Prudential prior to May 1, 1985, shall be allowed to continue this program at District expense and any increase in the cost of the Prudential Plan will be borne by the District. Employees hired after May 1, 1985, will be provided with the District's Kaiser or HEALS Health Plans at no cost subject to the conditions stated above. If such employees choose to be covered by the District's Prudential Plan, the employees must pay the difference in cost between the Prudential Plan and Kaiser. Dual Health Coverage: Those employees having dual coverage under a health insurance program may withdraw from the District's health insurance coverage and, in lieu of such coverage, receive additional monthly compensation in the amount of $100, effective May 1, 1 991; $115, effective May 1, 1992; and $125, effective May 1, 1 993. Continuation of this program is subject to Health Plan carrier acceptance. Retirement: The District shall provide a retirement program for all employees covered under this Memorandum Of Understanding. District employees who were members of the Retirement Association on or prior to March I, 1973, and who have vested thirty (30) years service in the Retirement Plan are not required to make any further contributions to the Retirement Plan. Those District employees so qualifying shall be entitled to receive a cash supplement to their compensation equivalent to, and in lieu of, any District payment as may be granted and made as a portion of employee retirement contributions to the retirement program. Deferred Compensation: The District's monthly contribution to each participant's Deferred Compensation Plan account is equal to an amount that the employer would normally pay into the Social Security System. Dental Plan: The District shall provide a dental care program for all employees covered under this Memorandum Of Understanding. Disability Plan: The District shall provide a Long Term Disability program for all employees covered under this Memorandum Of Understanding, There shall be a six-month waiting period. 14 Term Life Insurance Plan: For current regular or probationary employees hired by the District prior to May 1, 1985, the District shall provide a term life insurance policy equal to two (2) times the employee's annual salary at Step E to a maximum of $50,000. For regular or probationary employees hired by the District after May 1, 1985, the District shall provide a term life insurance policy equal to one (1) times the employee's annual salary at Step E to a maximum of $50,000. Continuance of Benefit Plan: The District shall have a program which provides a continued degree of responsibility to the employee upon retirement and to the dependents of a deceased employee. The program for retired employees hired by the District prior to May', '985, and their dependents shall provide for the continuance of medical, dental, and reduced life insurance plans (one-half of life insurance at time of retirement) in force at the time of retirement. The program for retired employees hired after May', 1985, and their dependents shall provide for the continuation of medical and dental and reduced life insurance plans ($10,000 policy) in force at the time of retirement with the exception that the District shall continue to pay for the full cost of a retired employee's medical and dental coverage until the employee's 65th birthday. Dental insurance shall be continued only for the dependent spouse upon the employee's retirement. At age 65, employee shall pay the District fifty (50%) percent of the cost to the District for the employee's medical and dental coverage. The medical coverage after age 65 will be integrated with Medicare. The program for dependents of a deceased employee shall provide for the continuance of health and dental benefits for the length of that employee's total service with the District (in other than temporary status), or until such time that the spouse remarries, or until such time that the dependents no longer qualify for benefits as stated by the District's policies. ARTICLE XXI EMPLOYEE ASSISTANCE PROGRAM An Employee Assistance Program shall be provided MS/CG at District cost, effective October 1, 1991. ARTICLE XXII SAFETY EQUIPMENT The District will provide safety glasses for those employees required to wear them from a District-designated supplier. Employees regularly exposed to foot injuries are required to wear safety shoes. Employees who are periodically exposed to foot injuries are advised to wear safety shoes. Employees will be informed by their immediate supervisor whether or not they are required to wear safety shoes. 15 -_..-_._--------_...~~._._._--~...._,-----_.,_.._~....,-,----_.-_..__._--~---_."._.._._..._,-,.~---'_..,._--.""-". Employees who are either required or advised to wear safety shoes shall be provided one (1) pair of safety shoes by the District from a District-designated supplier at a cost not to exceed $80 per pair of safety shoes, effective May 1, 1991; $85 per pair of safety shoes, effective May 1, 1992; $90 per pair of safety shoes, effective May 1, 1993, plus replacement if shoes become unusable while performing District business. ARTICLE XXIII MILEAGE REIMBURSEMENT The District-wide mileage allowance for the use of personal vehicles on District business shall be paid as allowed by IRS without tax consequences. ARTICLE XXIV PERSONAL AND DISTRICT PROPERTY The District discourages the use or display of personal property not required to perform an employee's job by an employee at work. The storage, carrying, or use of firearms or other lethal weapons on District property is strictly prohibited. Most employees required to wear uniforms during working hours are provided lockers by the District. Lockers are District property and may be searched by management at any time without advance notice. If a locker is to be inspected, and the employee is on the job-site, the employee will be allowed to be present when the locker is inspected. The District will be responsible for replacing damaged locks. ARTICLE XXV SUBSTANCE ABUSE In cases where an employee's alcohol or drug abuse interferes with regular work duties, the District agrees to discuss and consider holding proposed disciplinary action in abeyance and referring the employee to appropriate counseling or treatment. The District further agrees that the employee will not be dismissed while actively and successfully participating in such treatment or counseling programs, subject to his/her compliance with District and departmental rules and maintenance of acceptable job performance. However, an employee who fails to successfully complete treatment or counseling or who subsequently suffers a relapse shall be subject to disciplinary action. ARTICLE XXVI DRIVER'S LICENSE REQUIREMENTS Employees required by their classification to possess a valid Class A, B, or C driver's license must report the suspension or revocation of the driver's license to Personnel within 24 hours of a conviction or the next working day. 16 In positions where possession of a valid California driver's license is mandatory, the revokation or suspension of that employee's license may result in disciplinary action up to and including suspension, demotion, or termination. ARTICLE XXVII NON DISCRIMINATION There will be no discrimination by the MS/CG or the District or any agent of either of them because of race, color, creed, national origin, sex, handicap, religion, or political beliefs. Discourteous treatment of the public or fellow employees including discrimination and/or harassment that is detrimental to the function of the District will not be tolerated. The offender(s) shall be subject to disciplinary action as considered appropriate by the Department Manager. ARTICLE XXVIII SAVINGS If any provision of this Memorandum of Understanding should be held invalid or outside the scope of bargaining by operation of law or by the final judgment of any court of competent jurisdiction, the remainder of this Memorandum of Understanding shall not be affected thereby. ARTICLE XXIX PAST PRACTICES Should the District take action to change its practices in subjects within the scope of meet and confer as specified in Government Code Section 3500 et seq. which are not a part of this Agreement, the District agrees to meet and confer before taking such action. ARTICLE XXX TERM This Memorandum of Understanding shall remain in full force and effect from May 1, 1991 through April 30, 1994. Signatures to Agreement Signed and entered into this 16th day of April, 1 991, subject to the approval of the respective parties. 17 CENTRAL C\-J;:STA SANITARY DISTRICT < L. Paul Morsen Deputy General Manager. &$'11. ~gL~//~xL- I Cathryn Radin Freitas Personnel Officer MANAGEMENT SUPPORT/CONFIDENTIAL GROUP c~ c:::\~ ~ Jose. Lopez ( 18 . Central Contra Costa Sanitary &listrict BOARD OF DIRECTORS PAGE 1 OF POSITION PAPER BOARD MEETING OF May 2, 1991 SUBJI5ENY CLAIM FOR MONETARY DAMAGES FROM ROBERT DEPPER, 31 MUTH DRIVE, ORINDA NO. 7. LEGAL/LITIGATION a. DATpril 24, 1991 TYPE OF ACl'lON DENY CLAIM INITIATING DEPT IDIV. Administrative/Risk Management ISSUE: Mr. Depper has filed a claim alleging that the District, or a contractor working for the District, spilled diesel fuel on his property resulting in a contaminated soil problem. Claim denials require action by the Board of Directors. BACKGROUND: The District has a sewer line and easement at the rear of Mr. Depper's property. In 1989 there was a "no-dig" project which replaced the line. On October 11, 1990, as a resul of a citizen complaint, the Contra Costa County Hazardous Materials Division took soil sample on the property. The analysis showed a hydrocarbon compound in the "diesel range." Mr. Depper claims that the source of this was from diesel fuel spilled or dumped on his property from the sewer line work. The investigation by District staff has disclosed that the contractor for the project in question used gasoline powered equipment except for one diesel powered backhoe, and there is n indication that it was refueled on the work site or that any spillage took place. A discussion wit the County staff led to the hazardous materials division of the Oakland Police Department. The have been investigating the alleged disposal of a hazardous material at the 31 Muth Driv location, and they informed the District that according to their information the material in questio did not come from a diesel fuel spill at that address. The staff recommends that the claim be denied. RECOMMENDATION: Deny the claim for monetary damages from Robert Depper of 31 Muth Drive, Orinda, and refer it to staff for further action as necessary. INI IATlNG DEPT.lDIV. ~~ OMMENDED FOR BOARD ACTION 1302A-9 JEC PM KLA . Central Contra Costa Sanitary Ilistrict BOARD OF DIRECTORS PAGE 1 OF 1 POSITION PAPER BOARD MEETING OF May 2, 1991 NO. RECEIVE THE 1991-1992 EQUIPMENT BUDGET FOR REVIEW 10. BUDGET AD FINANCE DATE April 23, 1991 SUBJECT TYPE OF ACTION RECEIVE EQUIPMENT BUDGET SUBMITTED BY Walter N. Funasaki INITIATING DEPT.lDIV. Administrative/Finance and ISSUE: The 1991-1992 Equipment Budget is submitted for review. BACKGROUND: The 1991-1992 Equipment Budget is transmitted herewith. A list of all equipment items requested by each department, categorized by functional classification, is supported by a descriptive sheet which provides justification for each item. A comparative summary of the Equipment Budget by department for the 1991-1992 and four prior fiscal years is provided. The Equipment Budget was reviewed by the Board Capital Projects Committee on April 23, 1 991. As a result of discussion between the Committee and District staff, the following change was made to the budget document: · A camcorder budgeted by the Administrative Department for use by Risk Management and Safety personnel at a cost of $1,870 was requested to be reconsidered, and a lower cost alternative selected. A suitable lower cost camcorder has been identified at a mass merchandising chain for a cost totaling $1,200, including case and battery packs. While certain operational features included in the higher cost model would not be obtained, the lower cost model would satisfactorily serve the Department's requirements. The 1991-1992 Equipment Budget is submitted for initial review by the full Board at this time, and is scheduled for approval at the next Board Meeting on May 13, 1991. RECOMMENDATION: Receive the 1991-1992 Equipment Budget for review, and provide District staff with comments and guidance. INITIA TING DEPT./DIV. ~-C7~h-Pl"'--..r<-.._ oJ 1302A-9/85 WNF PM ADS/PosPaper#2/EqBudRev.PP REVIEWED AND RECOMMENDED FOR BOARD ACTION .' -....--------..--.-.... ""-".~'-"-'-"'-.'-~"",-",."----,""",-,---,,,-~..__._.._--,._",..-.._,_.._-"