HomeMy WebLinkAboutAGENDA BACKUP 05-02-91
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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.
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1302A-9/85
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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
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1302A-9/B
REVIEWED AND RECOMMENDED FOR BOARD ACTION
INITIATING DEPT.lDIV.
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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
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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...____.._.
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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
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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
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