HomeMy WebLinkAboutAGENDA BACKUP 05-19-88
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Centra~ ~ontra Costa Sanitary ..Jistrict
BOARD OF DIRECTORS
PAGE 1 OF 2
POSITION
PAPER
BOARD MEETING OF
May 19, 1988
NO.
IV.
CONSENT CALENDAR 3
SUBJECT
APPROVE AGREEMENT RELATING TO REAL PROPERTY WITH
''THE LAKE AT CANYON LAKES HOMEOWNERS ASSOCIATION, INC.,"
JOB 4212, SAN RAMON AREA
DATE
May 12, 1987
TYPE OF ACTION
APPROVE REAL
PROPERTY AGREEMENT
SUBMITTED BY
Denni sHall
Associate Engineer
INITIATING DEPT./DIV.
Engineering Department/
Construction Division
ISSUE: A concrete swimming pool deck was built over the District's easement
which crosses the recreation site of Subdivision 6550.
aM:;KGROUND: The swimming pool at its closest point is 5 feet from the edge of
the sewer easement and about 13 feet from the sewer main. On the opposite side of
the sewer easement a combination pool equipment room and bathroom was constructed
about the same distance from the sewer as the swimming pool. The sewer pipe in
this area is 12-inch ASS and it is approximately 11 feet deep.
Staff has determined that the improvements will not interfere with the present use
of our sewer; however, if the need should arise, the agreement requires The Lake
at Canyon Lakes Homeowners Associ ation, Inc. to remove the structures at thei r
expense within 30 days of notice to do so.
RE.COMMENDATION: Approve the Agreement Relating to Real Property with The Lake at
Canyon Lakes Homeowners Associ ati on, Inc., Job 4212, authorize the Presi dent of
the Board of Directors and the Secretary of the District to execute said
agreement, and authorize the agreement to be recorded.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
1302A-9/85
DH
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INITIATING DEPT./DIV.
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REAL PROPERTY AGREEMENT
Job 4212 Sub 6550
Ramon Area
San
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Central ~ontra Costa Sanitary ..Jistrict
BOARD OF DIRECTORS
PAGE 1 OF 12
POSITION
PAPER
BOARD MEETING OF
May 19, 1988
NO.
IV.
CONSENT CALENDAR 4
SUBJECT
APPROVE AGREEMENT WITH CONTRA COSTA COUNTY FOR
INSTALLATION OF SEWERS AND PAYMENT OF APPROPRIATE
FEES UNDER ASSESSMENT DISTRICT NO. 1986-1 AND
AUTHORIZE EXECUTION OF AGREEMENT
DATE
May 13, 1988
TYPE OF ACTION
APPROVE AGREEMENT
SUBMIH~~~i sHall
Associate Engineer
INITIATING DEPT.lDIV.
Engineering Department/
Construction Division
~: The Bond Counsel for the above-referenced county assessment district has
forwarded an agreement for approval by the District.
~AQ<GROUN.P: County Assessment District 1986-1 will construct publ ic sewer
facilities in Hidden Pond Road, a future 28-foot public roadway which will extend
westerly from Rel iez Valley Road as shown on Exhibit A. Sewer improvements
consist of 1,420 feet of 8-inch sewer main and six manholes which will serve the
proposed Hidden Pond Subdivision, Tract 6769. The road and sewer improvements
which will be constructed by the assessment district are being designed by a
private engineering firm.
It is necessary to enter into this agreement pursuant to the provisions of
Sections 10109-10111, inclusive, of the Municipal Improvement Act of 1913. Contra
Costa County is the lead agency and the Sanitary District is a responsible
agency when consideration is given to compliance with the requirements of the
California Environmental Quality Act (CEQA). As lead agency, Contra Costa County
has prepared a Negative Declaration for this assessment district which was
approved by Contra Costa County on October 20, 1987. The determination by Contra
Costa County as to the use of a Negative Decl arati on is bi ndi ng on the Sanitary
District as a responsible agency unless certain exceptions exist as identified in
Sections 4.1.C, 4.3, and 11.3 of the District's CEQA Guidelines. District staff
has eval uated the Negative Decl aration specifically with respect to Sections
4.1.C, 4.3 and 11.3 and has found that no exceptional circumstances exist. The
Negative Declaration is therefore binding on the District.
The District must consider the Negative Declaration in its action to approve the
agreement. The Negative Declaration is attached as Exhibit B for review by the
Board. Staff review has determined that no significant, adverse environmental
effects related to issues of District responsibility are identified in the
Negative Declaration.
RECQMMENDATION: Certify that information contained in the Negative Declaration
has been reviewed and considered by the Board, approve the agreement with Contra
Costa County for installation of sewers under Assessment District No. 1986-1 and
authorize the Board President and Secretary to execute the agreement.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
DH
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INITIATING DEPT.lDIV.
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EXHIBIT A
California Environmental Quality Act
NOTICE OF
D Completion of Environmental Impact Report
GQJ Negative Declaration of Environmental Significance
CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
651 PINE STREET P.O. BOX 951 MARTINEZ, CALIFORNIA 94553.0095
Telephone: (415) 372- 2091
Contact Person Robert Drake
Project Description and Location:
SYCAMORE CONSTRUCTION CO. (Applicant) - WALTER AND HUER (Owners),
County File 113008-87 (HIDDEN POND): The applicant requests Final Development
Plan approval for a 27 unit single family residential and open space development.
SUBDIVISION 6769 (HIDDEN POND) (Applicant: Sycamore Construction Co.) (Owners:
Walter and Hued The applicant requests Tentative Subdivision Map approval to divide
53 acres into 27 lots and common open space area.
Subject property for the above referenced projects is described as follows: Fronting
on the west side of Reliez Valley Road, 300 feet south of Tavan Estates Drive, in the
Martinez area. (P- J) (ZA: J 12 and K 12) (CT 3470) (Parcel 11365-160-0 I J)
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~ Justification for Negative Declaration is attached.
D The Environmental Impact Report is available for review at the address below:
Contra Costa County Community Development Department
4th Floor, North Wing, Administration Building
Pine & Escobar Streets
Martinez, California
Review Period for Environmental Impact Report or Negative Declaration, W A 'f
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AP 9 R 6/85 Community Development Department Representative
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Costa
County
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Community Development Department
Administration Building, North Wing, Pine & Escobar Streets, Martinez, California 94553-0095
Initial Study
OF ENVIRONMENTAL SIGNI
File# fO" <? V' 7
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ICANCE
Pt1~'1
Date
Date
'o/zfr
Prepared By
Reviewed By
RECOMMENDATIONS:
DCategorical Exemption (Class_) ];g'Negative Declaration D Environmental Impact Report Required
DConditional Negative ation (O'ner/Applicant must agree to mitigation in writing).
The project fffllI'rl ill not ave a significant effect on the environment.
What changes to the project would mitigate the identified impacts? (List mitigation measures for any significant
impacts and Conditional Negative Declaration)
U.S.G.S. Quad Sheet
Zoning Atlas Sheet /C'-Il.
Parcel No. .?6S-- /('0-111
GENERAL CONSIDERATIONS
1. General Plan considerations
conflicts with proposal:
(C) Date, (D)Specifyany
2.
Zoning district (A)Specify currenkjol)ing, (B)Proposed zoning, (C)Specify any conflicts
(D)Variances requested: ,v. L
3. Nature of request or proposed land use:
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7.
Will the project require approval or permits by other than a County agency? DYes ~o Agency name(s):
Is the project within the Sphere of Influence of any city?(Name): ~/TI.l//tc'Z..
B.
-=--
ENYIRON.MENTAL IMPACTS ANI :SIS:
(
S=Significant N=Negligible C=Cumulative No=None U=lJnknown
1. Water. Will the project result in:
b) Reduction of surface or ground water quality or quantity?
DYES ,l&NO
8t!J8~8
0 t&- O 0 0
0 ~ 0 0 0
a) Is any portion of the prcject within a Flood Hazard Area?
c) Increased runoff or alter~tion to drainage patterns and
streams?
d) Erosion of or sedimentation in a body of water?
2. Earth. (Consider tilE: ;;eismic Safety Element) Will the proposal
result in or be subject to:
a)
Is any portion of the project within an Alquist-Priolo Act
Special Studies Zone? (if yes, date County Geologist notified
J
DYES
)lNO
b) Potentially ,:_:la~dous geologic or soils conditions on or S N C NO U
immedir.cely adjoinir.5 the site? (slides, springs, erosions, liqui-
faction, earthquake faults; consider prime soils, slope, septic
tank limitations). Cite any g log'c or en 'neering reports.
(Count Gllplo~ist c nsulte~j?) . 01 < I 0 ~ ODD
'..J'juJl 1,0 i '0 &tA- Iff- ~~
c) r ding (consi r height amount, steepness and visibility of D Ji?J D 0 D
proposed slopes; consider effect of grading on trees, creek
c~~~n~l~~+p~r~~e~a~Y1grr+; p~~ ~^t:?~WJ;,<fk i7~ c (~N~l'((
Plant/Animal-Life. .6Jwl[( ~okev-eJ... ~~s&~ A""l4JI- flt:::1t~$'
r- ./ I. N G' NO U
a) Will there be a reduction or disturb ce to any habitat for
plants and animals? (includ:ng ren.oval or disturbance of trees) D ~ D D D
3.
b)
Will the Project affect the habitat of any rare, endangered or
unique species located r n 0" n.!ar the site?
o 0
D"Br D
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c)
What vegetation (habi Lat) t~, )es exist on the site (give rela~ve I I
% or proportions if signifiCant)? List habitat types. CJa "S -<, IAv.( 0 S
)
4. Air. Will the Project result in deterioration of existing air quality, S N C NO U
including creation of objectionable odors, or will future project ;gi
residents be 8ubJt :-ted to significant pollution levels? D D D 0
5. Noise. Will the pro j ~ct result in:
a) Is any portions of the project within the 1990, 60 dBA Noise DYES ;Z:NO
Contour? (check Nuise Element at 1000 scale maps)
b) Increases from existin~ noise levels? 0 Jl 0 0 0
6. Ener /Natural Resources/Hazards (Consider General.Plan, Safety
and Seismic Safety Elements . Will the projects result in:
a) Any additional consumption of energy? D ~ D D D
b) Affect the potential use, extraction, conservation or depletion
of a natural resource? 0 ~ D D D
c) Increase risk of explosion, release of hazardous substances
or other dangers to public health and safety? D ~. D D 0
7. Utilities ~ :; Public Service. Will the project:
a) Require alteration O~ addition to or the need for new utility
systems (including sphere of influence or district boundary fiNO
change; water, sewer, solid waste)? DYES
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c.
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b)
s
Result in the need for new or expansion o~ the following
services: fire and police protection, schools, parks and
recreation, roads, flood control or other public works fac-
ilities, public transit or governmental services (include
changes to sphere of influence)?
D
c)
-=-
N
c
u
NO
D
181:
D
D
Affect recreational opportunities (consider General Plan -'
Recreation Element-1r .ils Plans)? D 0 0 -_~
D
8. Transportation/Circulation. (Com,idsr the Major Roads Plan) Will
the project result in:
a) Additional traffic generation or increase in circulation pro-
blems (cGnsid~r road design, access, congestion, parking and
accident potentiall? D D D fl.. D
b) Special transportation considerations (waterborne, rail, air
or public transportation systems and parking facilities)?
c)
Increase " commuting to and from local community?
D D D
9. Housing and Community Development. (Ccrlsider Housing Ele-
ment). Is the project:
a)
Located within a Neighborhood Preservation Area?
DyES
b)
Is there an opportunity for construction of low and moderate
income housing?
DyES
10. Cultural Resources.
11.
12.
a)
DyES
Date
Review by the Region!?.! Clearinghouse? (their recommend-
ation)?
D
D
DNO
DNO
DNO
b) Any nearby Couray -Hstoric Sites (Consider Historical
Resources Inven.ory)
Aesthetics. (Consider the Scenic Routes Element) Will the
project obstruct any public scenic vista or view, create an
a.esthetically offensive site open to public view, or produce new. ,J
light or glare~ ..,-C0\h.A; J \e*? iI- (( I?? ~t:~e..J.. -&aIM. ~~ 0 YES
Is this ~l'Qject ~~ro\;rth-~ ~o~~C'ourage additional
requests for similar uses) or set a/precedent in the area? DYES
13. Mandatory Findings, ,( Significance. (A "yes" answer on any of the
following questions reouires preparation of an EIR)
Discussion:
~
li.il~r;___
a)
Does the project have the potential to degrade the quality
of the environment, or curtail the diversity in the environ-
ment?
DYES
b)
Does the project have the potential to achieve short-term,
to the disadvantage of I )ng-term, environmental goals?
Does the project have impacts which are individually lim-
ited, but cumulatively considerable?
DyES
DyES
c)
d)
Does the project have environmental impacts which will
'f"Jse substantial adverse effects on human beings, either
(,.l-ectly or indirectly?
DyES
):3:'NO
~O
lfi NO
~O
~O
~NO
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CONDITIONS OF APPROVAL FOR 3008-87 AND SUB 6769 (HIDDEN POND)
1.
This approval is based upon Final Development Plan and Tentative Subdivi-
sion Map exhibits and supporting documents submitted with the application
listed as follows:.~ .
Exhibit A - Tentative Map and Final Development Plan, 1"=100'.
Exhibit B - Grading Plan, 1"=40'.
Exhibit C - Trees to Be R<emoved, 1"=40'
.
Exhibit D - Erosion Control and Drainage, 1"=40'
Exhibit E - Trees Remaining and New Planting, 1"=100'
2. Pri or to fi 1 i ng a fi na 1 map, the app 1 i cant shall submi tal andscape/
irrigation plan for the review and approval of the Zoning Administrator.
The plan shall provi de for screeni ng of res i dences on Lots 13 through 19
from the view of residents to the north and east. As much as possible the
proposed trees and shrubbery should relate to the existing plants on the
site and be drought resistant. The plan shall show existing trees to be
retained and existing trees to be removed. Trees to be retained shall be
staked at the dripline prior to grading activity. The plan shall include a
program to maintain plants used for screening (either on private lots or
common area). The plan shall also provide for a street tree program along
the streets within the property and any proposed fencing of the residential
area.
3.
The app 1 i cant shall pursue an agreement wi th interested resi dents in the
area providing for workable visual mitigation with lot view corridors.
Said agreement shall be subject to final County Zoning Administrator review
and approval.
Prior to grading or installation of improvements, applicant shall stake
trees to be saved at the dripline for review and comment by the Homeowner
Association, City and County planning staff. Further visual mitigation
will be determined at that time. All trees removed from Lots 13 through 17
whi ch are greater than six inches in diameter will be repl aced by new
trees. The placement, whenever possible, of the new trees will be in areas
which maintain the view integrity between Tavan Estates and Hidden Pond.
The guide for residential development shall be the Single Family Residen-
tial District R-10. Lots 16 and 24 shall be limited to single story con-
struction.
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4. An on-street parking plan shall be submitted for the review and approval of
the Zoning AQministrator restricting parking to one side of the street.
5. The development rights of the common open area shall be dedicated to the
County and shall be shown on the Final Map as a scenic easement. For Lots
14 through 20 and 24 through 27, deed restrictions~ or other appropriate
mechan; sm approved by the Zoni ng Adm; n; strator, shall be estab 1; shed to
prohibit storage of materials and placement of fixed or movable structures
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in the respective areas below the daylight line or top of the visual berm.
The map shall contain a statemen~ prohibiting the keeping of horses on the
property. Horse keepin~is prohibited on all lots.
6. At least 30 days prior to filing a Final Map, the applicant shall submit ,)/; -.::.
proposed names of the interior roads for the review and approval of the
Community Development Department, Graphics Section.
7. Comply with the require~ents of the County Geologist as follows: .
A. Prior to grading or installation of improvements on Assessor's Parcel
#365-160-011, Subdivision 6769 and Development Plan 3008-87, submit a
prel iminary soil and foundation report for approval of the Planning
Geologist. Recommendations for on-site fill foundation, subsurface
and surface drainage control, retaining walls, structure foundations,
on-site road foundations, and utility trench backfill are required.
Grading plans and improvement plans for said parcel and development
shall incorporate recommendations of the approved report.
8. Cut slope gradients in the subdivision shall not exceed 3:1 except as
recommended by a qualified engineering geologist. Recommendations of
the geologic reconnaissance report of Darwin Myers Associated dated
November 16, 1983, pages 11 through 14, may be adapted for the present
development layout.
C. Prior to issuance of grading permit or final review of improvement
plans for Hidden Pond Road, submit landscape and erosion control plans
for approval of the Community Development Department. Plans shall
include County Standard 8-58 ditches above cut slopes, in fill or
cut/fill groins, and on drainage terraces. Developer shall provide,
establ ish, and maintain for two years, drought-tolerant plants and
mulch chosen and planted to resist erosion, along all public rights-
of-way, and establish a heavy erosion-resisting growth on all graded
or cleared private areas outside lot pads and paved areas. Growth
shall be established and erosion controlled to the satisfaction of the
Department of Conmunity Development prior to release of grading or
" improvement bonds.
D. Lots shall be graded and maintained to drain away from the edge of
rear yard slopes by a berm or slope, of 5 to 20 percent, at least one
foot higher than adjacent pad grade, in cut for lots with cut at the
rear (daylight) line, or in compacted fill, if the rear yard pad is
fill. If such a slope is not provided, another drainage control such
as a low retaining wall, will be required. Such drainage shall be
required during development as a condition of approval of subdivision,
and of approval of the grading plan, and thereafter as a CC&R of the
development. Loose fill berms to prevent over bank drainage are spe-
cifically prohibited.
E. Grading permit plans and improvement plans shall show locations desig-
nated for buttress fills, landslide removal and replacement or other
landslide repair, subsurface and surface drainage facilities, and
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access and c1eanout structures for such drainage facilities. Prior to
release of grading or imprQvement bonds, developer shall submit as-
built plans showi~g installed surface and subsurface drainage facili-
ties, drainage c1eanout structures, and buttress fill keyways, as rec-
ommended by the engineering geologist and/or geotechnical engineer and
surveyed by a land surveyor or Civil Engineer.
F. Grading and improvement bonds for development and for Assessment Dis-
trict 1986-1 shall -include amounts necessary to provide stable road
foundation, buttress fill protection, and erosion control, including
labor and materials.
G. Assessment District 1986-1 subgrade improvements shall conform to de-
sign and construct.ion standards of these conditions of approval and
the "Report of Geotechnical Study, Soil and Geologic Conditions, Hid-
den Pond Road Alignment, Contra Costa County's by Hallenbeck & Associ-
ates, dated April 8, 1987, except as amended or superseded by these
conditions of approval.
8. Prior to the issuance of a grading permit, a landscape plan' shall be sub-
mitted for the review and approval of the County Zoning Administrator pro-
viding landscaping along either side of the access road, Hidden Pond Road.
The plan shall provide specimen-size trees and plants. A landscape archi-
tect shall certify that the plan will provide for full cover of said road
within 2 years. landscaping shall be installed prior to occupancy of the
residential units. The plant materials shall be bonded-for-the first four
years after planting. The cost of landscaping may be shared with other
adjoining properties.
9. The fence design of all lots with view impacts to Reliez Valley Road or
Tavan Estates will be restricted. Any fences at or below the visual berm
or daylight line shall be of a "see-through" design subject to review and
approval of the County Zoning Administrator.
10. Hours of exterior or interior construction that creates significant noise
shall be limited to 8:00 a.m. to 5:00 p.m. Monday through Friday, except
national holidays. All construction on-site to be in accordance with Coun-
ty ordinances. Construction equipment will gain access from Hidden Pond
Road.
11. Covenants, Conditions and Restrictions (CC&R's) shall be submitted with the
filing of the Final Map to include provision for maintenance of roads,
drainage and open space. They also specify acceptable perimeter fence de-
sign. Approved visual mitigation (berming, landscaping, irrigation) shall
be protected by deed restrictions.
12. Maintenance of visual mitigation for residential lots and Hidden Pond Road
shall be handled by the formation of a lighting and landscaping district.
The district shall be responsible for maintaining proposed landscaping and
berming.
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13.
Grading on the knoll shall be 1 imited to a maximum cut of 76 feet. A
4-foot tall berm shall be grade.d along the dayl i ght li ne for a 11 lots
potentially visible fro~ Reliez Valley Road. All structures on these lots
shall maintain a 15-foot setback from the top of the berm. Final grading
plans shall be subject to review and approval of the County Zoning
Administrator.
All new trees installed as visual mitigation will be 50% 15-gallon and 50%
24-inch boxed trees. Except for corridor views, tree spacing shall provide
complete screening within 2 years. All trees and shrubs installed as visu-
al mitigation shall be irrigated and bonded for a period of four years, and
shall be in place prior to sale of lots or construction of home sites.
14. The impact of headlight penetration of residential lots on the east side of
Reliez Valley Road from traffic descending the access road shall be studied
and mitigated if necessary. The study and any proposed mitigation shall be
subject to final County Zoning Administrator review and approval.
15. Street lighting on private roads within the Hidden Pond development shall
be in accordance with minimum PG&E requirements. A street lighting plan
shall be submitted for review and approval of the County Zoning Administra-
tor. The plan shall prevent visual impacts on nearby properties.
16. Comply with drainage, road improvement, traffic and utility requirements as
foll ows:
A. In accordance with Section 92-2.006 of the County Ordinance Code, this
subdivision sha)l conform to the provisions of the Co~nty Subdivision
Ordinance (Title 9). Any exceptions therefrom must be specifically
listed in this conditional approval statement.
B. The following exceptions to Title 9 are permitted for this subdivi-
sion:
1) Section 98-4.002, "Road Width", providing that road widths as
shown on the Tentative Map are adhered to.
2) Article 96-8.4, "Sidewalks".
C. Prevent storm drainage, originating..on the property and conveyed in a
concentrated manner, from draining across driveways.
D. Furnish proof to the Publ ic Works Department, Engineering Services
Division, of the acquisition of all necessary rights of entry, permits
and/or easements for the construction of off-site, temporary or perma-
nent, road and drainage improvements.
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E. Mitigate the traffic impact of development by:
1)
Constructing improvements to Re1iez Valley Road in the Martinez
area as specified by and subject to the approval of the Public
Works Department, OR, at the developers option,
Prior to the issuance of any building permit, contribute $1,300
per dwelling unit to a Road Improvement Fee Trust (Fund No.
819200-0800) designated for road improvements to Re1 iez Valley
Road in the Martinez area.
2)
F. Mitigate the flooding problem on the Tavan Estates development caused
by inadequate drainage facilities by constructing on-site and/or off-
site drainage improvements su~ject to the approval of the Public Works
Department.
Prior to grading or installation of improvements or filing of the Fi-
nal Map, a plan must be submitted that details mitigation of the
flooding problem on the Tavan Estates Development caused by inadequate
drainage facilities. Mitigation measures will include constructing
on-site and/or off-site drainage improvements. The plan will be sub-
ject to the approval of the County Public Works Department. Prior to
the approval of the drainage improvements, the Public Works Department
shall provide a consultant retained by the Tavan Estates Homeowners
Association an opportunity to' review and coment on the improvement
plans. The consultant's review and cOlllllents shall' be ""given careful
consideration in the approval process.
G. The applicant will pursue a workable Joint Maintenance Agreement with
the Tavan Estates Homeowners"Association for all mutual drainage fa-
cilities.
H. Construct Hidden Pond Road as shown on the Assessment District 1986-1
drawings, dated July 1986, subject to Public Works Department approv-
al, with the following changes and/or deletions:
1) The road width shall be reduced to a 28-foot. road, curb to curb,
within a 50-foot right of way. , '
2) Sign the road for "no parking".-
3) Delete the requirement for street lighting on Hidden Pond Road
and annexation to County Service Area L-100.
1. Provide left-turn channelization on Reliez Valley Road at Donegal Way
and Hidden Pond Road, subject to the approval of the Public Works
Department and the County Zoning Administrator. The intent of this
condition is to provide left-turn channelization for safety purposes
wi th the mi nimum impact on the exi sti ng envi ronment. (For example,
gravel shoulders shall be acceptable.) Full reconstruction of these
intersections to normal standards is not intended.
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6.
J. Install safety lighting on Reliez Valley Road at Hidden Pond Road and
Donegal Way, subject to the ~pproval of the Public Works Department.
r
THE FOLLOWING STATEMENT IS ADVISORY ONLY AND DOES NOT CONSTITUTE A CONDITION OF
APPROVAL.
1. Comply with the requirements of the Contra Costa County Consolidated Fire
Protection District. ·
4/28/87
6/17/87
7/7/87
7/15/87
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wr8:3008c.tlO
10/16/87
.
Central ",antra Costa Sanitary "".strict
BOARD OF DIRECTORS
PAGE 1 OF 2
POSITION
PAPER
BOARD MEETING OF
Ma 19, 1988
NO.
IV.
CONSENT CALENDAR 5
SUBJECT
APPROVE AGREEMENT RELATING TO REAL PROPERTY WITH
RAYMOND MOK, ET UX, JOB 3563, SAN RAMON AREA
DATE
Ma 11, 1988
TYPE OF ACTION
APPROVE REAL
PROPERTY AGREEMENT
SUBMITTED BY
Denni sHall
Associate En ineer
INITIATING DEPT./DIV.
Engineering Department/
Construction Division
.ISSUE: The property owner, Raymond Mok, et ux, has built a concrete patio
parti all y withi n a Di strict sewer easement. They have al so requested permi ssi on
to construct a wooden deck spanning across the easement.
~ACKGROUND: The property owner has cooperated with staff in its investigation of
this situation and has paid all District costs involved. Staff has determined
that the existing and planned improvements will not interfere with the present use
of our sewer; however, if the need shoul d ari se, the agreement requi res the
prop~rty owner to remove the improvements at the owner's expense within 30 days of
notice.
RECOMM~~OAT~ON: Approve the Agreement Relating to Real Property with Raymond Mok,
et ux, Job 3563, authorize the President of the Board of Directors and the
Secretary of the District to execute said agreement, and authorize the agreement
to be recorded.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
1302A-9/85
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REAL PROPERTY AGREEMENT
JOB 3563 - LOT 48 SUB 6123
SAN RAMON AREA
.
Central -,antra Costa Sanitary ~~strict
BOARD OF DIRECTORS
PAGE 1 OF 2
POSITION
PAPER
BOARD MEETING OF
Ma 19, 1988
NO.
IV.
CONSENT CALENDAR 6
SUBJECT
ORDER COMPLETION OF DISTRICT ANNEXATION 98-D
DATE
Ma 10, 1988
TYPE OF ACTION
COMPLETE ANNEXATION
OF DA 98-D
SUBMITTED BY
Denni sHall
Associate Engineer
INITIATING DEPT.lDIV.
Engineering Department/
Construction Division
~: A resolution by the District's Board of Directors must be adopted to
finalize District Annexation 98-D.
B~CKGROUNO: The District previously made application to the Local Agency
Formation Commission (LAFCO) for the annexation of ten parcels of land designated
as District Annexation 98. LAFCO has considered this request and has recommended
that the boundaries of Parcel 4, as shown on the attachment, be amended to delete
certain territory. The deleted area adjoins the Briones Regional Park and is
intended as a transiti on between development and the park. The property owners
have agreed to this amendment. LAFCO has designated this parcel to be District
Annexation No. 98-D. No publ ic hearing is required and the annexation of this
parcel can be completed.
LAFCO has adopted a Negative Declaration for District Annexation No. 98-D.
District staff has reviewed this Negative Declaration and concurs with its
findings.
RECOMMENQATJON: Adopt a resol ution certifying that the District Board has
reviewed and considered the LAFCO Negative Declaration in making its decision
regarding this annexation and ordering the completion of District Annexation No.
98-D.
,(lilt"
1302A-9/85
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ROGER J. DOLAN
INITIATING DEPT./DIV.
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DISTRICT ANNEXATION NO. 98
Parcel 4
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.
Central ~ontra Costa Sanitary ..,istrict
BOARD OF DIRECTORS
PAGE 1 OF 1
POSITION
PAPER
BOARD MEETING OF
Ma 19, 1988
NO.
IV.
CONSENT CALENDAR 7
SUBJECT DATE
Ma 11, 1988
ESTABLISH JUNE 16, 1988 AS THE REVISED DATE FOR A PUBLIC TYPE OF ACTION
HEARING ON ANNEXATION 99, SHADOW CREEK ANNEXATION,
AS AMENDED BY THE LOCAL AGENCY FORMATION COMMISSION, RESCHEDULE HEARING
DAME CONSTRUCTION COMPANY, DEVELOPER
SUBMITTED BY
Dennis Hall
Associate En ineer
INITIATING DEPT./DIV.
Engineering Department!
Construction Division
ISSUE: The hearing originally scheduled for May 19, 1988 must be postponed to
provide time for proper noticing of the hearing.
~ACK~ROUN.D: The Board of Directors, at its meeting of April 21, established May
19 as the date for the public hearing on Annexation 99. A notice of the hearing
was publ ished and sent to affected parties. Since then, District Counsel has
advised that the content of the notice which was sent does not comply with the
law. Therefore, a new, revised notice must be sent. Sufficient time must be
allowed to comply with the legal notification requirements; therefore, the
earliest date the hearing can be held is June 16, 1988.
RECOMMENDATION:
on Annexati on
Establish June 16, 1988 as the revised date for a public hearing
99 as amended by the Local Agency Formation Commission.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
RAB
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ROGER J. DOLAN
INITIATING DEPT./DIV.
1302A-9/85
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Centra_ ~ontra Costa Sanltar) Jlstricl
BOARD OF DIRECTORS
POSITION
PAGE 1 OF 3
NO.
VI. ENGINEERING 1
SUBJECT
DATE
AUTHORIZE THE GENERAL MANNJER - CHIEF ENGINEER TO
EXEQJTE AN ~REEt-ENT WITH DODSON & YOUNG CONSULTING
ENGINEERS FOR PREPARATION OF A COMPREHENSIVE PUMP
STATION MASTER A..AN
AUTHORIZE
PG REEMENT
SUBMITTED BY
James Coe
Associate En ineer
INITIATING DEPT.lDIV.
Engineering Department/
Plannin Division
ISSUE: Authorization by the Board of Directors is required for the General Manager -
Chief Engineer to execute professional service agreements greater than $50,000.
BACKGROUND: The District has 18 pump stations in the collection system. Most of the
District pump stations were constructed over 15 years ago. While the pump stations
have been well maintained and operated, much of the pump station equipment is
becoming old, is obsolete, or is under capacity. The Regional Water Quality Control
Board has recently substantially increased its enforcement activity for pump station
overflows and has levied significant fines for permit violations. Accordingly, staff
recommends that a comprehensive pump station rehabilitation effort be initiated with
the goal of improving pump station reliability and capacity. The Pump Station Master
Plan is the first step in the rehabilitation effort. The Master Plan will evaluate
the current conditi on and capacity of the pump stati ons, determi ne future capacity
and reliability needs, and recommend a capital improvements program.
The Pump Station Master Plan is included in the 1987-88 Capital Improvement Budget on
page CS-85 and the draft 1988-89 Capital Improvement Budget on page CS-I03. The cost
estimates for the project included in these budgets are $85,000 and $139,000
respectively. Staff recommends that the Master Pl an scope be increased beyond that
envisioned last year when the 1987-88 Capital Budget was being prepared. This
expanded scope of work i ncl udes greater emphasi s on pump stati on rel i abil ity due to
the implementation of recent regulatory enforcement policies and heightened concern
that potential overflows may contaminate drinking water supplies in the Orinda/Moraga
area. The scope of work has also been increased to include a risk assessment
analysis, operations and maintenance recommendations, a force main and pump station
spare parts inventory evaluation, and a more comprehensive study of existing control,
alarm, and communication systems than envisioned in the original Master Plan concept.
The current proposed budget for the Master Pl an is $183 ,000, as shown on Attachment
1. There are sufficient funds in the current Coll ecti on System Program Budget for
th i s proj ect.
Staff recommends that an engineering consultant assist the District to define,
prioritize, and produce cost estimates and schedules for improvement projects
required to provide rel iable and efficient operation of each District pump station.
A cost reimbursement agreement has been negotiated with Dodson & Young Consulting
Engineers of Walnut Creek to provide the necessary services required to complete the
Pump Stati on Master Pl an. Dodson & Young was sel ected on the basi s of thei r staff
expertise, competitive fee schedule, and recent experience in wastewater pump station
REVIEWED AND RECOMMENDED FOR BOARD ACTION
JMM
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INITIATING DEPT.lDIV.
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SUBJECT
AUTHORIZE THE GENERAL MANJlGER - CHIEF ENGINEER TO
EXEaJTE AN PGREEMENT WITH DODSON & YOUNG CONSULTING
ENGINEERS FOR PREPARATION OF A COMPREHENSIVE PUMP
STATION MASTER PlAN
POSITION PAPER
PAGE
DATE
2 OF 3
May 13, 1988
master planning and preparation of pump station evaluations for the Martinez Sewer
Improvement Proj ect Facil fti es Pl an. The negoti ated cost ceil i ng for Dodson &
Young's services is $126,000. The Pump Station Master Plan is exempt from CEQA as a
planning study (District CEQA Guidelines Section 17.3).
REcotIENDATION: Authorize the General Manager - Chief Engineer to execute an
agreement with Dodson & Young Consul ti ng Engi neers in the amount of $126,000 for
preparation of a Pump Station Master Plan.
13028-9/85
e 3 of 3
ATT ACH t-E NT 1
COST BREAKDOWN
Dodson & Young Consultants:
District Force Account Labor:
o
o
o
o
o
Planning Division
Engineering Division
Construction Division
POD-Pumping Stations Section
Collection System Operations
Subtotal Force Account Labor:
Subtota 1 Proj ect:
Contingencies (5%):
TOTAL:
$126,000
$38,700
3,000
200
4,900
1,200
48,000
174,000
9,000
$183 ,000
.
Central ~ontra Costa Sanitary .,istrict
BOARD OF DIRECTORS
PAGE 1 OF 1
POSITION
PAPER
BOARD MEETING OF
May 19, 1988
NO.
VIII. BUDGET AND FINANCE 2
SUBJECT
DATE
APPROVE THE 1988-1989 EQUIPMENT BUDGET FOR INClUSION
IN THE 1988-1989 DISTRICT BUDGET
May 9, 1988
TYPE OF ACTION
APPROVE EQUIPMENT
BUDGET
SUBMITTED BY
INITIATING DEPT.lDIV.
Walter Funasaki, Finance Officer
Administrative/Finance & Accounting
ISSUE: Approval of the District's 1988-1989 Equipment Budget is requested.
BACKGROUND: The 1988-1989 Equipment Budget was submitted for review at the May 5,
1988 Board Meeting, and is scheduled for approval by the Board on May 19, 1988. The
Board's Capital Projects Committee reviewed the 1988-1989 Equipment Budget with
District management prior to the submission of the budget to the Board on May 5.
The approved 1988-1989 Equi pment Budget will be schedul ed for adopti on with the
1988-1989 Personnel, Operati ons and Mai ntenance, Sel f Insurance Fund, and Capi tal
Improvement Budgets on June 16, 1988.
RECOMMENDATION: Approve the 1988-1989 Equipment Budget for inclusion in the
1988-1989 District Budget to be adopted on June 16, 1988.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
INITIATING DEPT.lDIV.
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1302A.9/85 WNF
.
Central _ontra Costa Sanitary .... ~strict
BOARD OF DIRECTORS
PAGE 1
OF 41
POSITION
PAPER
BOARD MEETING OF
May 19, 1988
NO.
IX.
PERSONNEL 1
SUBJECT
DATE
ADOPT MEMORANDUM OF UNDERSTANDING (M.O.U.) WITH THE
CENTRAL CONTRA COSTA SANITARY DISTRICT EMPLOYEES
ASSOCIATION, LOCAL #1 REPRESENTATION GROUP, EFFECTIVE
MAY 1, 1988 THROUGH APRIL 30, 1991
May 10, 1988
TYPE OF ACTION
PERSONNEL
SUBMITTED BY
INITIATING DEPT./DIV.
Paul Morsen, Deputy General Manager
Administrative/Personnel
ISSUE: Board representatives and representatives of the Central Contra Costa
Sanitary District Employees Association, Local #1, Bargaining Group, have agreed to
the attached Memorandum of Understandi ng, and the agreement was rati fied by the
Local #1 membership; accordingly presentation to the Board of Directors for final
adoption is now appropriate.
BACKGROUND: Over the past three months Board representatives and representatives of
the Local #1 group have met and conferred in an effort to agree on a Memorandum of
Understanding covering those employees designated as the District's General Employee
Representati on Group. A great deal of time and effort on both si des of the tabl e
have been spent on negotiations resulting in the attached Memorandum of
Understanding. The District's current Memorandum of Understanding with Local #1
expired on April 30, 1988. As the agreement at the negotiating table was reached on
April 29, 1988, it is proposed that the M.O.U. attached to this position paper be
made effective May 1, 1988. Attached is written confirmation of ratification from
the Local #1 Group President. Highl ights of the three-year agreement are as
follows:
o This agreement will be effective for three years commencing May 1, 1988.
o Local #l employees will receive a 4.5% general increase effective May 1, 1988;
an increase of between 3% and 8%, dependi ng upon the Consumers Price Index
publ ished by the U.S. Department of Labor for February 1988 through February
1989 (San Francisco/Oakl and all urban consumers), effective May 1, 1989; the
increase for the final year of the contract, effective May 1, 1990, will be
based on the same terms as the second year using the Consumers Price Index for
February, 1989 through February, 1990.
o Longevity increases of 2 1/2% will be granted after ten years of service.
o The two-tier benefit system currently in effect at the District remains
unchanged.
o The amount of time individuals can take off from work remains unchanged from the
previous M.O.U.
o The tuition reimbursement program will increase from $300 per year, per employee
to $450 per year, per employee.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
SUBJECT
ADOPT MEMORANDUM OF UNDERSTANDING (M.O.U.> WITH THE
CENTRAL CONTRA COSTA SANITARY DISTRICT EMPLOYEES
ASSOCIATION, LOCAL #1 REPRESENTATION GROUP, EFFECTIVE
MAY 1, 1988 THROUGH APRIL 30, 1991
POSITION PAPER
PAGE 2
DATE
OF 41
May 10, 1988
o The $10.90 off-set to the District's monthly Deferred Compensation Plan
contribution to participants' accounts, which was established at the inception
of the Plan, will be el iminated. This will have the effect of increasing the
monthly contribution by the District to each participant's account by the 1 ike
amount.
Moreover, the attached Memorandum of Understanding more clearly sets forth certain
personnel policies and procedures in furthering the District's goal of reducing the
potential for misunderstandings and inconsistent administration. Two side letters
to the new Memorandum of Understanding were executed. The side letters provide for:
the removal of sick 1 eave as a source of leave time which can be donated by one
employee to another; and a provision that provides for a salary study of eight
classifications which will be undertaken as soon as possible. Both side letters are
attached for the Board's information.
RECOMMENDATION: Adopt the attached Memorandum of Understanding between the
District and the Central Contra Costa Sanitary Di strict Employees Associ ati on,
Local #1, Representation Group, effective May 1, 1988 through April 30, 1991.
---------.
13028-9/85
MEMOIWI)UM OF Utl)ERSTANDI~
Between
CEN1RAl mNTRA COSTA SANITARY DISlRICT
And
The
CEN1RAl mNTRA COSTA SANITARY DISlRICT
EJA..OYEES' ASSOCIATION
PlBlIC BA..OYEES' lOCAl NO. 1
May 1, 1988 through April 30, 1991
ARTIQ..E I INlROOUCTORY PROVISIONS
SECTION 1 RE(X)GNITION AND OOVERAGE
1.1 Exclusive Representation: The C'Atntral Contra O:>sta Sanitary
Di stri ct Employees' Associ ati on, Publ ic Employees' Uni on, local No.1,
hereafter known as the Uni on, is the formally recognized excl usive
employee representative for all General employees. The Union shall
represent all permanent and permanent-i ntermittent General Employees.
SECTION 2 MNAGBENT AND UNI<Jt RIGKTS
2.1 Union Rights: The C'Atntral Contra O:>sta Sanitary District Employees'
Association, Public Employees' local No.1 is the exclusive recognized
representative of all Employees of the Di stri ct except Management and
Management Support/Confi dent1al Employees.
It is al so recognized that the Di stri ct and duly appoi nted
representatives of the Association will meet and confer in good faith.
The District, or any agent th~reof, agrees that there will be no
interference, restrai nt or coerci on agai nst the Uni on or against any
employee because of Union membership or Union activity.
2.2 District Rights: 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; 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
producti on, service, mai ntenance or other type of work performed by the
District; determine the methods, means, and personnel by which District
operations are to be conducted; 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
organizati on and the technology of performi ng its work; provi ded,
however, that the exercise of such District rights shall not confl ict
with the express provisions of this memorandum.
SECTION 3 No. DIS~IMINATION
3.1 No Discri.inat10n: There will be no discrimination by the Union or
the District or any agent of either of them because of race, color,
creed, national origin, sex, handicap, religion, or political beliefs.
-1-
ARTIQ.E II SAlARY PROVISIONS
SECTION 1 SALARY
1.1 Merit Increases: Employees normally receive a sal ary 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 (M.O.U.), the
District shall use the Employee Performance Appraisal Form attached to
th i s document.
1.2 Certification: Employees may be requi red to successfully compl ete
certification requirements prior to receiving their salary increases,
where required by law or job cl assification in their currently held
position.
1.3 Paycheck Distribution: The District shall distribute paychecks on
the 1 ast worki ng day of each month. Any outstandi ng V acati on, Si ck
Leave andlor Earned Overtime due the employee at the time of termi nati on,
retirement, or resignation will be calculated and issued to the employee
with the final paycheck.
1.4 General Increases: Effective May 1, 1988, a four and one-half (4.5)
percent general increase shall be provided to all employees covered by
this Memorandum of Understanding.
Effective May 1, 1989, the wage adjustment shall be based on changes in
the Consumer Pri ce Index (CPI> for all Urban Consumers (San Franci scol
Oakland) during the February, 1988 to February, 1989 base period.
Dependi ng on the CPI, the wage adj ustment shall be at 1 east th ree
percent (31), but no more than eight percent (81).
Effective May 1, 1990, the wage adjustment shall be based on changes in
the Consumer Pri ce Index (CPI> for all Urban Consumers (San Franci scol
Oakland) during the February, 1989 to February, 1990 base period.
Depending on the CPI, the wage adjustment shall be at least three
percent (31), but no more than eight percent (81).
1.5 Out-ot-Class Pay: Employees assigned to work in a higher classifi-
cation in the absence of thei r supervisor shall receive a mi nimum of one
salary step after two continuous weeks in the higher classification. When
a supervisor is absent for two or more continuous weeks and where more
than one employee is assigned the supervisor's responsibilities at
different times during the absence which may be less than two weeks per
amployee, then those employees shall receive a mi n1mum of one sal ary step
for the actual hours worked in the higher classification.
1.6 Pumping Stations Operator II: The established sal ary range for
Pumpi ng Stati ons Operator II is G-64. However, those Pumpi ng Stati ons
Operator II's who are currently compensated at range G-65, shall continue
-2-
to be compensated at the G-65 salary range for as long as they remai n in
the Pumping Stations Operator II classification.
SECTION 2 LONGEVITY mtFENSATI<J4
2.1 Career Service Pay: A two and one-hal f (2 1/21) percent career
service pay increase will be granted to employees after ten (10) years of
amployment with the Di strict.
SECTION 3 SHIFT DIFFERENTIALS
3.1 Work Week: The normal work week for full time non-shift employees
is e1 ght (8) hours per day. Al though most employees are schedul ed to
work Monday th rough Fri day, some serv ices and operati ons are currentl y
scheduled on a 24-hour basis, seven days a week.
3.2 Night Shift Differential: Night Shift Differential applies only to
amployees who are regul arly schedul ed 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 (1 1/21) percent.
If the night shift is extended beyond the normal assigned shift period
(hours or days), overtime will be pai d based on the employee's basic
sal ary.
3.3 Swing Shift Differential: Swing Shift Differential applies only to
amployees who are regul arly schedul ed to work Swing Shift. The rate of
pay for the Swing Shift Differential is determined by increasing the
basic hourly sal ary for the job by five (51) percent. If the Swi ng Shift
is extended beyond the normal assigned shift period (hours or days),
overtime will be paid based on the employee's basic salary.
SECTION 4 OYERTItE
4.1 Rate: Employees covered by this Memorandum of Understanding who
work more than their regularly scheduled days are compensated at time and
one-half of the regular basic pay.
4.2 AccUllul ation: Compensati on for overtime work shall be pai d 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 bona fide 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.
Personnel in the Plant Operations Division who normally work a ten day
shift shall be granted an additional sixteen (16) hour limit on earned
overtime taken off per calendar year.
4.3 Holiday Compensatory Ti~: An individual earns Holiday Compensatory
Time when his/her regular day off falls on a holiday. Holiday
Compensatory Time is recorded in the Accounting Office.
-3-
Holiday Compensatory Time is earned at the rate of straight time and the
time off is given at the rate of straight time.
If a person terminates employment with the District before having used up
his/her Holiday Compensatory Time, he/she shall be paid for it.
SECTION 5 STAND-BY AND CAlL BAa( THE
5.1 General: Employees required to be on Stand-By Call are generally on
call once every two (2) months for one (1) week. The employee on
Stand-By Call receives ni ne (9) hours extra overtime pay (at one and
one-half times the basic pay) for the week on call. In addition to the
basic stand-by compensation, the employee receives a minimum of three (3)
hours' pay at time and one-half overtime rate for each initial call. If
a call requires over three (3) hours, the employee receives time and
one-half pay for the actual time worked.
5.2 Mini.uBI Call Back Pay: An employee not on Stand-By but who is
called back to work shall be compensated at time and one-half for a three
(3) hours' minimum for each call or time and one-half for the actual time
worked.
5.3 Stand-By Compensation: The Oi strict shall compensate employees who
are designated to perform stand-by service. The compensation can either
be in money or in earned time off leave, at the employee's option.
Stand-By compensation is paid at the rate of one (1) hour of pay at each
employee's overtime pay rate for each weekday and two (2) hours at
overtime rates for each weekend day and each hOliday.
At the employee's election, he may request that his Stand-By
compensation, or a portion of it, be credited in its equivalent rate to
Earned Time Off leave until a maximum of forty (40) hours of Earned Time
Off is accumulated.
-4-
ARTIQ.E III MISCEllANEOUS PROVISIONS
SECTION 1 MAINTENANCE OF tEteERSHIP, AGENCY SHOP, DUES QiEQCOFF
1.1 Application: Any current employee who is subj ect to the provi si ons
of this M.O.U. and who is a member of Local 1 as of June 15, 1982, or any
employee who j oi ns Local 1 du ri ng the lif e of th i s Memorandum of Under-
standing shall maintain such membership or, in lieu thereof, pay to Local
1 an agency fee equal to the monthly dues for the durati on of th i s
agreement.
Any new employee who is hired on or after July 1, 1982 and subject to the
provisions of this Memorandum of Understanding, shall as a condition of
conti nued employment ei ther become a member of Local 1 and pay the
initi ati on fee and dues or assessments uniformly requi red for acqui ri ng
and maintaining membership in Local 1 or, in lieu thereof, pay to Local 1
an agency fee in the iIIIount of the initiation fee and dues as specified
above. This obligation shall not commence until after the employee has
compl eted thi rty (30) days of employment.
1.2 Exclusions: Any employee who is a member of a bona fide religion,
body or sect which has historically held conscientious objection to
joining or financially supporting a pub1 ic employee organization shall
not be required to join or financially support Local 1. Those employees
may, in lieu of dues, initiation fees, assessments or agency fees, pay
sums equal to such dues, initiation fees, assessments or agency fees to a
non-religious non-labor charitable fund exempt from taxation under
Section 501(c)(3) of the Internal Revenue Code. The employee shall be
required to verify to the Union such payments on a regular basis.
1.3 Union Responsibility: Local 1 shall indemnify and save the District
harmless from any cost or liability resulting from any and all claims,
demands, suits, or any other action arising from the operation of this
provision, including the costs of defending against any such actions or
claims. Local 1 agrees to refund to the District any iIIIount paid to it
in error.
1.4 Method Of Payment: The District agrees to deduct, on a monthly
basis, the periodic membership dues, assessments or agency fees from the
paycheck of each employee who vol untarily executes and del ivers to the
Di strict a valid dues check-off authorizati on form approved by the
District and the Union. The District further agrees to remit such monies
to the Union not later than the fifteenth day of each month.
Any employee who is required, as a condition of continued employment, to
ei ther j oi n Local 1 or pay the agency fee, and who e1 ects not to have
such Mounts paid by payroll deduction shall individually be responsible
for remitting such sums directly to Local 1.
1.5 Failure 1:0 Comply: After thirty (30) days of employment and upon
written notice from the Union of an individual's failure to comply with
the requirements of this provision, such individual shall be notified by
the District that his/her employment will be terminated within thirty
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(30) days of such notification if. by the end of the thirty (30) day
period. the Union notifies the District that the requirement has not been
met.
1.6 District Responsibility: All new employees shall be advised of
their obligation under this provision upon their employment by the
District and the District shall at that time provide payroll deduction
authorization forms for the deduction of initiation fees. dues or agency
fee equivalents pursuant to this Section.
SECTION 2 GlUEY ANCE PROCEDURE
2.1 General: It shall be the policy of the District and the Union to
develop and practice reasonabl e and effective means of resol ving
di ffi cul ti es w hi ch may ari se among employees. to reduce potential
problems. and to establish channels of communication.
2.2 Self Representation: The grievant may elect. in writing. to
represent himsel f/ hersel f rather than have the Uni on provide representa-
tion. If the grievant elects to represent himself/herself at this step.
or at any later step. the Union 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.
2.3 Matters Subject To Grievance: Any compl ai nt 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.
2.4 Matters Not Subject To Grf evance: The Di stri ct pol i ci es. rul es. and
regulations as such.
A rating as given in an Employee Performance Appraisal.
Disciplinary and Termination Actions as outlined in Section 6.
2.5 Procedure:
Step One
The gri evant shall. withi n fifteen (15) worki ng days from when the
employee knew or should have known of the occurrence. present and discuss
any difference or gri evance with hi s/her immedi ate supervi sore Both the
grievant and his/her supervisor shall make a bona fide effort to amicably
settle such differences. The supervisor shall respond within five (5)
working days after the final meeting with the grievant. If. after thfs
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.
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S'tep Two
In the event such differences are not settl ed and the gri evant desi res
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 representative(s) to the grievant's Department Manager. A
meeti ng shall be arranged by the Department Manager with in 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
gri evance.
S'tep Three
In the event such differences are not settled at Step Two and the
gri evant desi res the gri evance to be consi dered 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 five (5) working days after hearing the grievance.
Fail ure of the gri avant to take further acti on with i n five (5) worki ng
days after receipt of 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 District within five (5) days of receipt
of the General Manager-Chief Engineer's decision. The Secretary shall
calendar the meeting for closed session at the next regularly scheduled
Board Meeting in keeping with established guidelines for calendaring an
agenda item.
The Board shall employ a neutral thi rd party to hear the matter and
recommend action to the Board. The District and the Union shall equally
share the cost. If the parties cannot agree on a neutral third party,
then a list of five (5) neutral individuals shall be requested from the
State Conciliation Service and the parties shall use the alternate
elimination method to determine who shall conduct the hearing. The Board
may adopt, rej ect, or modi fy the recommendati on of the appoi nted neutral
third party. The decision of the Board is the final action of the
Di stri ct.
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2.6 Miscellaneous Provisions: No grievant shall. at any stage of the
grievance pr~~re. 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 certai n grf evances. the fi rst and/or second steps may be del eted if
the grievance arises out of an action by an authority above the level of
the grievantis supervisor. However. such grievances will begin at a
level no higher than Step 3 of this grievance procedure.
fall ure at any step of 1:h i s procedure to communicate the deci si on on a
-grievance -vtth1n the specified time 1 imits shall permit the 1 odgi ng of an
appeal at the next step of the procedure withi n the time all otted. had
the decisions been given. Failure to appeal a decision within the
specified tfme 1 im1ts Shall be deemed a withdrawal of the grievance.
The time limits speciified in this procedure may be extended, in any
specific instance. by mutual agreement. in writing.
2.7 Group Grievances: If the grievance involves employees with
different immediate snpervisors. the grievance may be filed at the
appropriate step .of the grievance procedure. However. such grievance
will begin no higher th~n Step 3 of this grievance procedure.
2.8 Elnpll!.--,_l'rocesse41 Grievance: An employee covered by this Agreement
may present a lJrlevance di rectly and have such grievance adjusted without
i nterventi on of tile Uni on as long as the adj ustment is not i nconsi stent
with the terms of 1:his Agreement.
2.9 GrievM1C8 Wfmesses: The District shall endeavor to make available
for testimony in conRe!cti on with the grievance procedure reasonab1 e
requests for Di strict 8Ilployees to appear when requested by the grievant.
the Union. 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 #iffY form of oyertime compensati on in connection with hi s/her
appearance. Sucb employee witnesses are responsib1 e for informi ng thei r
immediate ..supervisor 48 hours in advance or as soon as reasonably
poss1bl e.
2.10 Grievance Processing During Regular Working Hours: The grievant
and hi s/her representative(s) shall normally be enti t1 ed reasonab1 e 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.
2.11 Separate Grievance File: All materials concerning an 9IIployee's
grievance shall be kept in a file separate fran the employee's personnel
file which 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.
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SECTION 3 DISCIPLINARY PROCEDURE
3.1 Disciplinary Action:
A. Genera 1
The District's disciplinary procedure is intended to advise the
employee of less than sat1sfactory behavior or actions on the job,
and it is intended to be used as a corrective measure for
improvement. The Di stri ct shall use progressive steps in the
disciplinary procedure as follows: Verbal warnings with discussion
records, written reprimands, suspensi on, reducti on in rank and/or
pay. Notwithstanding the above, the disciplinary measures shall be
commensurate with the offense or the conti nuati on of offenses with
which the employee is charged.
B. Grounds for Discipline
1. Discourteous treatment of the public or fellow employee
including discrimination and harassment that is detrimental to
the functi on of the Di stri ct
2. Drinking of intoxicating beverages or use of illegal or
unprescribed drugs on the job; or arriving on the job under the
infl uence of such beverages or drugs; or fail ure to
successfully compl ete a treatment program as agreed to by the
District and the employee in lieu of disciplinary action. It
shall be the professional treatment provider's responsibility
to determine whether or not an employee has fail ed to meet the
requi rements of successfully compl eti ng the program. An
employee who fail s to successfully compl ete treatment or
counseling shall be subject to the previously proposed
disciplinary action. If the employee successfully completes
the program, all di sci pli na ry acti on shall be suspended for a
period of one (1) year after completion of the program.
3. Habitual absence or tardiness
4. Abuse of sick 1 eave
s. Disorderly conduct
6. Incompetency or inefficiency
7. Violation of any lawful or reasonable regulation or order made
and given by an employee's supervisor; insubordination
8. Di shonesty
9. Violation of District safety rules and regulations
10. Failure to perform duties
11. Mi sconduct
12. Storage, carry ing or use of fi reanns or other items
traditionally considered lethal weapons on District property.
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C. Written Notice
All acts of discipline will be documented by a written notice to the
employee stating the reasons and grounds for such discip1 ine. The
employee must acknowledge receipt of the warning by signing the same
at the time of presentation; this signature signifies only receipt
of the document, not necessarily agreement to the contents thereof.
If employee refuses to sign, such will be noted on the form. All
negative evaluations, written warning discussion records, or other
records of discipline shall remain a part of the employee's
personnel file for a period of 12 months assuming no continuation of
a simfl ar offense. It is the employee's responsibfl ity to request
removal of the above documentati on from hi s/her personnel f11 e by
contacting the Personnel Office.
D. Personnel Officer
Any offense warranti ng di sci pl i nary acti on, with the excepti on of
suspension with pay, is to be cleared through the Personnel Officer
prior to any action being taken in order to ensure conformity with
rules and procedures.
E. Content of Notice
After review and discussion with the Personnel Officer, any
discip1 inary action which may result in suspension without pay shall
be set forth, in writing, to the employee at least five (5) working
days before the proposed effective date or dates. All noti ces of
proposed action shall be personally served or be mailed by certified
mail, return receipt requested, to the last known address of the
employee(s). This notice shall be prepared by the Department
Manager after consultation with the Personnel Officer and shall
contain the following:
1. A description of the proposed action and its effective date or
dates, and the ordinance, regulation or rule violated.
2. A statement of the acts or anissions upon which the action is
based.
3. A statement that a copy of any avai 1 abl e materi al s upon whi ch
the action is based is attached. This does not preclude either
party from utilizing additional information if the matter
should be appealed to the Board. However, this additional
material shall be made available at least five (5) working days
before the date of appeal to the Board.
4. A statement adv i si ng the employee of the ri ght to seek
representation and to request a hearing as provided herein.
3.2 DiSBissal Of An S.ployee
A. General: Duri ng hi s/her probati onary peri od, an employee may be
di smi ssed without cause by ei ther the Board, the General Manager-
Chi ef Engi neer, or hi s/her Department Manager with the approval of
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the General Manager-Chief Engineer. This discharge is at the sole
discretion of the District with no recourse under the grievance or
appeals provision.
A permanent employee may be di smi ssed at any time by the Board of
Directors, the General Manager-Chief Engineer, or his/her Department
Manager for cause with the approval of the General Manager-Chi ef
Engineer as stated herein.
If a promoted, permanent employee is found to be unable to
adequately perform under the increased responsibility of the
new position during the probationary period, the employee shall
be demoted back to the previously held position. No other
employee in a permanent pos1ti on shall be di spl aced by th is
acti on.
8. Sufficient Cause For Dismissal
1. Conviction of a felony. CThe District will consider the felony
conviction in light of the employee's job duties performed.)
2. Fraud or misstatement of qualifications in securing employment.
3. Misappropriation of District funds or property.
4. Intentional or gross misconduct.
5. Failure to respond or improve as specified in Article III,
Section 3.1B. 0-11), or continued behavior as specified in
Article III, Section 3.18. 0-11), after an evaluation or
corrective acti on pl an has fail ed to produce an improvement in
the worker's performance.
6. Incapacity due to mental or permanent physical disability.
7. Gross violation of District safety rules and regulations.
8. Three consecutive days' absence without notice to the District
shall be deemed sufficient cause for dismissal providing the
employee fails to show satisfactory cause for such action.
c. Notice of Dismissal
After review and discussion with Personnel Officer, all permanent
employees shall be provided with a notice of dismissal at least five
(5) working days prior to the effective date. This notice shall be
prepared by the employee's Department Manager after <x>nsul tati on
with the Personnel Officer and shall contain the following:
1. A description of the proposed action and its effective date and
the ordinanceCs), regulationCs), or ruleCs) violated.
2. A statement of the acts or anfssions upon which the action is
based.
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3. A statement that a copy of any avail abl e material s upon whi ch
the action is based is attached. This does not preclude either
party from utilizing additional information if the matter
should be appealed to the Board. However, this additional
material shall be made available at least five (5) working days
before the date of appeal to the Board.
4. A statement advising the employee of the right to seek
representation and to file an appeal as provided herein.
3.3 FAIR AND ItPARTIAL HEARING FOR DISCIPlINARY ACTION AND DISMISSAL OF
EtFlOYEES
A. Procedure
A permanent employee upon recei pt of a noti ce of di smi ssal or
disciplinary action may appeal, in writing, to the General
Manager-Chief Engineer within five (5) working days of the date of
the notificati on. The General Manager-Chief Engi neer may overturn
the Department Manager's deci si on, affi rm or modify the Department
Manager's decision. Should the General Manager-Chief Engineer elect
to affirm or modify such decision, then the General Manager-Chief
Engi neer shall schedul e a fai rand imparti al heari ng. The General
Manager-Chief Engineer shall appoint the Deputy General Manager to
act as the Hearing Officer or, if it has been determined that a
conflict of interest exi sts, or in hi s absence, another Department
Manager may be appointed. In either case, said hearing shall be
scheduled within five (5) working days. At this hearing the
employee may answer the charges against him/her, present any
mitigating evidence, or otherwise respond to the Notice of
Dismissal. The Hearing Officer shall issue his/her opinion and
decision within five (5) working days of the hearing. The Hearing
Officer may, based upon the evidence presented at the hearing,
concur with the Department Manager's acti on, recommend a 1 ess severe
disciplinary action, or order the employee reinstated with full back
pay and benefits.
B. Appeal to Board of Dfrectors
Permanent employees dissatisfied with the Hearing Officer's
decision, only in matters relating to suspension, reduction in rank
or payor di smi ssal, may appeal to the Board of Oi rectors pursuant
to the procedures set forth herein.
3.4 APPEAL
A. General
An employee. except as provided in Sections 4-410, 4-411, 4-412, and
4-415 in Chapter 4 of the District Ordinance Code, may appeal the
Hearing Officer's decision by appealing to the Board via filing a
wrftten request for hearing with the Secretary of the District
within five (5) working days of receipt of the Hearing Officer's
decision. The Secretary shall calendar the matter at the next
regularly scheduled Board Meeting in keeping with established
guidelines for calendaring an agenda item.
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B. Board Shall Desfgnate Representatfve to Hear Appeal
The Board shall employ a neutral thi rd party 1:0 hear the appeal and
to recommend acti on to the Board.
C. Adopt or Modffy Reco.endation
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.
SECTION" HOURS OF WORK
4.1 Regular Work Week: The District's regular work week consists of
forty (40) hours per week; eight (8) hours per day excluding a 30-minute
lunch break and including two (2) paid IS-minute breaks. The Plant
Operations Department, Engineering Department, and Collection System
Operations Department all require special working schedules 1:0 meet the
service demands of the public as well as maintain effiCiency.
4.2 Alternatfve Work Schedules: The District establishes working hours
which are consistent with the operating requirements and responsibilities
of the various divisions and/or departments of the District. With the
approval of the appropriate Supervisor, Division Manager, Department
Manager and the General Manager-Chief Engineer, the District will adjust
or readj ust the begi nni ng and endi ng work day hours and/or work week
based on a determination that the work or the operation of the unit or
other functions of the District will not be impaired by such adjustment.
An individual or group of employees withi n a work unit may request the
District to adopt an alternative work schedule, with a written request to
their supervisor, who will give full, prompt, and responsible
consideration to such requests and forward such request to the
appropriate department or division manager with a recommendation.
The deci si on of the Di strict in regard to granti ng or refusi ng to grant
such requests for work schedule changes is subject 1:0 periodic review
and/or revision by the District.
If during a review of this policy the determination of the District is
that mod1ficati on is necessary, that shall be subj ect to meet and confer
with the Central Contra Costa Sanitary District Employees' Association,
Public Employees' Local No.1.
SECTION 5 TEJI'ORARY EJFl.OYEES
5.1 Appoirrblent l f.itation: A temporary appoi ntment is 1 imited to 2080
hours or eighteen months from the first date of hire.
SECTION 6 APPOINllENT OF RB.ATIVES
6.1 Official s: Members of immedi ate fami ly of el ected or appoi nted
officials shall not be appointed 1:0 District employment.
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6.2 Restrictions: Members of the immedi ate family of employees shall not
be employed by the District. Those relatives appointed before July 1,
1982, 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
superv i si on.
6.3 Definition: Immediate family members are defined as mother, father,
brother, sister, son, daughter, in-laws, or grandparents.
6.4 Application: This provision shall apply to all types of employment
status. Temporary employees are affected by thi s provi si on, effective
Nov ember 1, 1982.
SECTION 1 EJA..OYEE REa.ASSIFICATION REOlJESTS
1.1 Procedure: The District is responsible for determining the methods,
means and personnel by which District operations are conducted including,
but not limited to, cl assifying and recl assifying personnel. However, if
an employee has reason to believe that duties and responsibilities are
being performed outside of the employee's class description so as to
justify a reclassification, the employee may submit that evidence, in
writing, through his/her Department Manager to the Personnel Officer.
The Personnel Officer shall eval uate the written request with the
Department Manager and render an appropri ate recommendati on. If the
recommendation is that a reclassification is appropriate, then that
recommendation shall be submitted to the Board of Directors for
consideration.
SECTION 8 LAYOFF
8.1 Provisions: If layoffs are deemed necessary by the Board of
Directors, they will be done in accordance with the layoff provisions as
specified in the District Ordinance Code, Chapter 4. The District agrees
to meet and confer with the Union on the effects of such layoff.
SECTION 9 PROM>TIONAL OPPORTUNITIES
9.1 General: Opportunity for advancement is important to the employee.
For this reason, promotions and personnel advancement shall be made from
within the work force wherever practicable.
The District's Personnel Advancement Policy and Procedure provides
employees in positions within designated job families the opportunity to
promote to a hi gher cl ass, without normal recru1 'brIent, upon meet1 ng
specified performance and testing criteria. The Policy provides flexibly
staffed positions from "I" level to the "II" level. In some cases where
the "III" level position within a job family is non-supervisory, this
program provides employees who meet the specified performance and testing
criteria to advance to the specified third level if an opening occurs at
that level.
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9.2 El fgfble Classfffcatfons: Positi ons incl uded in the Personnel
Advancement Policy and Procedure are:
Accounting Technician I to II
Buyer I to II to Senior Buyer (non-supervisory)
Chemi st I to II
Engineering Applications Technician I to II
Engineering Technician I to II to III (non-supervisory)
Graphics Technician I to II
Maintenance Crew Member I to II
Maintenance Office Coordinator I to II
Maintenance Tech I to II to Electrical Technician (non-
(superv i sory)
Mai ntenance Tech I to II to Instrllllent Techni ci an (non-
supervi sory)
Maintenance Tech I to Maintenance Tech II Machinist, to Machinist
(non-superv i sory)
Maintenance Tech I to II to III, Mechanical (non-supervisory)
Materials Coordinator I to II to III (non-supervisory)
Operator I to II to III
Pumping Stations Operator I to II
Secretary I to II to III
9.3 Fan ure To Pass Exa.fnatfon: If the empl frjee fail s to pass the
performance test for advancement, suggesti ons for improvement shall be
made to the emplfrjee. The emplfrjee is eligible to re-test after six
months.
9.4 Recom.endatfon For Advance.ent: The recommendation for advancement
shall be requested from the supervi sor by the employee or initi ated by
the employee's supervisor based on the supervisor's evaluation that the
emplfrjee's performance is completely satisfactory in the present position
and the employee qualifies for advancement to the higher position. This
recommendati on must be approved by the Department Manager and the General
Manager-Chief Engineer.
A. The supervisor must file a written recommendation.
B. When an employee requests a recommendation from his/her
supervisor, it shall be the responsibility of the supervisor to
respond to the request.
9.S Sal ary Increase: Empl frjees who advance to the second 1 evel positi on
will be given a minimum of a one-step salary increase and will be on
probation for six to twelve months.
9.6 AdvanC8ll8nt To II level: Entry level EIIlplfrjees may be advanced to
the journey level position (second level position) if the following
requirements are met:
A. The empl frjee has been in the entry 1 evel posi ti on for a mi nimllll
of 18 months.
-15-
B. The employee has met the qualifications of the second level
position by means of on-the-Job training, experience, continuing
education and/or organizational certification as spelled out in
the c1 ass descri pti on and department standards.
c. The employee has successfully passed a performance test for
advancement approved by the Department Manager and the Personnel
Officer.
9.7 Advancelllent To III Level: Second 1 eve1 employees may advance to the
third level if the following conditions exist:
A. The position is noted under II above.
B. The employee has been in a second level position for a minimllll of
12 months.
c. The employee has met the qualifications of the third level
position by means of on-the-job training, experience, continuing
education and/or organizational certification.
D. The employee must pass a standardized wri tten and/or oral
exami nati on approved by the Department Manager and the Personnel
Officer with specific emphasis on the duties and skill required
for the positi on. The 01 stri ct shall determi ne the method of
evaluation as a means of measurement of knowledge, skills, and
ability.
E. There must exist an open position in the third level:
1. An employee in the third level vacating the position, or
2. The Board of Directors authorizing a new position at the
thi rd 1 eve1.
F. Employees who advance to the third level position shall be given
a mi nimllll of a one-step salary increase and w ill be on probati on
for a 12-month period.
9.8 Absence of Qualified &'ployees: If there are no employees at the II
level who qualify for an opening at the III level, then the District
shall institute open and pranotional recruiting.
SECTION 10 EXAMINATION PROCEDURES
10.1 Rule of Four: When an opening occurs for a position which is not
included in the Personnel Advancement Policy, employees may compete in a
promotional examination process for the open position if there are four
(4) or more qual ified in-house candidates and the candidate selection
process meets Affirmative Action Guidelines.
When there are not sufficient qualified District employees who apply for
a position, the vacancy shall be filled on an open-competitive basis.
Any District employee who meets the minimum qualifications of an open
position may apply for that position.
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10.2 En'try Level Position: The 01 str1 ct shall recru1 t on an open and
promotional basis for the following entry level positions:
- Maintenance Office Coordinator 1/11
Maintenance Crew Member 1/11
Recept1 001 st
Secreta ry II II
- Utility Worker
Vehicle and Equipment Service Worker
SECTION 11 TRAINEE PROGRAM
11.1 Eligfble ~assiffcations: The District shall establish and
maintain a Trainee Program for the classifications of Maintenance
Technic1 an II II, Pump1 ng Stati ons Operator IIII, Pl ant Operator IIII,
Ma1 ntenance Crew Member IIII, and Eng1 neer1 ng Technician IIII. The
purpose of this program is to provide advancement opportunities for
Oi stri ct ernployees 1 nterested 1 n the af orernent1 oned pos1 ti ons.
11.2 Pre-Qualiffcations:
Valid California Driver's License
Compl eti on of the twel fth grade or equival ent
Must be willing to work shifts on weekends and holidays if
req u i red by th e po s i t1 on
Successful completion of a physical examination related to the
type of work
Successful compl eti on of rel ated educati onal courses for the
Engineering Technician 1/11 position may be required on own
time
Current permanent ernployee of the Central Contra Costa Sanitary
Oi stri ct
11.3 Selection: Sel ecti on of ernployees to be transferred to the Trai nee
Program will occur by the following procedural sequence:
A. Position opening posted on bulletin boards for one week
B. Employee applies for transfer to Trainee Program opening
C. Applicants are interviewed by a panel of one member of the
Affi nnative Acti on Committee, one supervi sor, and one manager from
the department where the Trainee position is open. Work performance
and seniority shall be among the factors for selection considered by
the commi ttee.
D. Interview panel recommends selection.
E. Department Manager makes final selection. Employees not selected
may receive the reasons in writing upon request.
-17-
11.4 ProllOt1on: The Trainee Program is intended to provide a period of
preparation and traf n1 n9 for promotf on 1 nto the III! serf es of
Maintenance Technician, Pumping Stations Operator, Plant Operator,
Maintenance Crew Member, and Engineering Technician. The training period
will be for one year. At the conclusion of the one-year period and upon
successful compl eti on of the trai nf ng course, the traf nee w111 advance to
the appropriate 1/11 classification. If, during the training period, the
supervisor and Department Manager determine the employee's performance is
unsatisfactory and after attempts to correct any deficiencies it is
apparent to them that the employee will not successfully complete the
training period, the employee will be transferred back to his/her
formerly hel d positi on. A1 so, if the employee determi nes that helshe
di sconti nues the program, helshe shall be transferred back to hi slher
formerly held position. A written evaluation w111 be completed every two
months.
Notwithstanding any other provision of the Memorandum of Understanding,
an employee hi red to rep1 ace a trai nee may, at the di screti on of
management, f111 the position until the recruitment is completed and
vacancy fill ed.
The posting for a Trainee position w111 only occur in the event of a
vacant permanent position. There w111 only be one trainee per
c1 assification. If applications for an open trainee position are not
received by the f11ing deadline, recruitment w111 be advertised as open
and promoti ona 1 at the III! 1 eve1.
Employees in the trainee program will be ineligible to apply for openings
at the 1/11 level during the one year period of training.
11.5 Salary: Trainees w111 be compensated at the rate of pay in their
most recent permanent position unless such rate is higher than the I
classification of the job for which they are training; in that case, the
sa1 ary duri ng trai ni ng wou1 d be reduced to the I 1 eve1. Normal step
rai ses and seni ority will not be affected by the transfer to the Trai nee
Program. If the Trai nee's Performance Apprai sa1 for a step rai se is
scheduled within the first ninety days of program participation, the
evaluation w111 be completed by the immediate past supervisor. If the
Performance Appraisal for a step raise is scheduled later during the
training period, the evaluation will be completed by the supervisor the
trai nee reports to in the program.
SECTION 12 LATERAl lRANSFERS
12.1 Definition:
position within a
position in another
a lateral transfer.
The movement of a permanent status employee from a
department, or from a department to a permanent
department in the same cl assification, is considered
12.2 Conditions: The fo11C1lting conditions must exist:
A. An authorized positi on must be vacant and the Department Manager has
determi ned that the vacancy with in hi slher department must be
f111 ed.
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B. All individuals eligible (in the same classification) and who submit
applications to the Personnel Office will be interviewed by the
Department Manager when a vacancy exi sts and w 111 be consi dered
prior to any other recruitment activity.
C. Factors to be conSidered regarding a transfer will include, but not
be limited to, re1 ated experience, job performance, and seniority
with the District. If all other factors are substantially equal,
seniority w111 prevail in the selection of the transferee..
D. The General Manager-Chief Engineer approves the transfer.
12.3 Procedure: Whenever a Di strict-authorized positi on becomes vacant
and another position exists in the same classification, then the District
sh all :
A. Post a 1 atera1 transfer job announcement for a peri od of five (5)
worki ng days, pri or to any other noti ce to recruit and i nc1 ude the
foll ow ing i nformati on:
1. Class description, positional duties, if appropriate.
2. Job location.
3. Department and division, supervisor, and hours at the time of
position opening.
4. Fi na1 ffl i ng date.
B. The District shall notify an applicant within ten nO) working days
after the final ffl ing date regarding acceptance or denial of the
transfer.
C. When a lateral transfer opportunity is posted and not filled, the
position shall be filled in accordance with District Ordinance Code,
Chapter 4. If a promotional examination is deemed appropriate, the
examination posting period w111 be reduced so that the total time
period for the posting of the lateral and promotional examination
shall not exceed three (3) weeks.
SECTION 13 SAFETY
13.1 Central Safety ec..ittee Membership: The District Central Safety
Commi ttee shall 1 nc1 ude four (4) members appoi nted by the Uni on. One
appointee shall be from the Plant Operations Department/Maintenance, the
second appo1 ntee shall be from the P1 ant Operati ons Department/Opera-
tions, the third appointee shall be from the Collection System Operations
Department, and the fourth appointee shall be either from the Engineering
or Administrative Department.
13.2 Responsibllity: Those employees represented by the Employees'
Association, local No.1 and the District shall work towards maintaining
a safe working environment in all the District's divisions and
depa rtments.
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The District will continue to make reasonable provisions for the safety
and heal th of its employees duri ng the hours of thei r employment and
mai ntai n a strong safety program whose aim is to prevent acci dents and
i nj uri es.
13.3 Purpose: The District's ongoing safety program is directed at
preparing employees to recognize unsafe conditions and to avoid them and
how to work safely in the vi ci nity of potenti ally hazardous conditi ons
when it is necessary.
13.4 Cooperation: The employee shall cooperate ta<<ards th i s common goal
by participating in the various safety programs developed by the
Di stri ct.
13.5 Substance Abuse: In cases where employee admits an al cohol or drug
abuse problem that interferes with regular work duties, the District may
offer the employee the opti on to hol din abeyance proposed di sci pli nary
acti on and refer the employee for appropri ate counsel i ng or trea'bnent.
The District further agrees that an employee will not be dismissed while
actively participating in such trea'bnent or counsel ing programs. The
detennination of actively and participating in such trea'bnent or
counseling programs shall be made by the professional trea'bnent provider
of the service.
The District shall provide this program to the first-time offender unless
the Di stri ct bel ieves that the employee presents a cl ear and present
danger to himself/herself, other workers, or the publ ic. The employee
may use all available leaves, including vacation, sick leave and
compensatory time, in order to all ow the employee to parti ci pate in the
program. In addition, the employee shall have the right to access
Article IV, Section 2.6 of the M.O.U. towards the cost of any program.
SECTION 14 TOOlS AND EOUIPfiENT
14.1 Unifol"lls: The District furnishes work unifonns and laundering of
them for certain operational personnel.
14.2 Lockers: The District shall provide two (2) lockers for most of
those employees requi red to wear unifonns duri ng hi s/her worki ng hours.
lockers are Di stri ct property and may be searched by management at any
time without advance notice. If the locker is to be inspected and the
employee is on the jobsite, the employee will be allowed to be present,
and shall have the right to have Union representaton when the locker is
inspected. The District will be responsible for replacing damaged locks.
It is the employee's responsibility to secure his/her valuables. The
District assumes no liability in the case of loss or theft.
14.3 Cars on District Business: When an employee is on Di stri ct
business requiring transportation, a District vehicle shall be used when
practi cabl e, with pri or approval of the employee's supervi sore If a
District vehicle is not available and the employee has the approval of
his/her supervisor, a privately-owned vehicle may be used on District
business and be compensated on a mileage basis. District cars are not to
be used on private busi ness.
-20-
Sane employees whose work requi res consi derabl e driv i ng and frequent
call outs are assigned a District vehicle at the discretion of the General
Manager-Chief Engineer. Employees who do not have personally assigned
veh i cl es shall utilize the Di stri ct veil i cl e pool.
Each employee is held responsible for any traffic citations received.
14.4 Safety Shoes: Employees regul arly exposed to foot inj uri es 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.
Employees who are either required or advised to wear safety shoes shall
be provided one pair of safety shoes by the District fran a District-
designated supplier at a cost not to exceed $70 per pair of safety shoes,
effective May 1, 1988; $70 per pai r of safety shoes, effective May 1,
1989; $75 per pair of safety shoes, effective May 1, 1990, plus
replacement if shoes become unusable while performing District business.
Safety shoes requiring replacement shall be turned in to the employee's
immediate supervisor who makes the appropriate determination as to their
replacement and notifies the employee on how to proceed with shoe
repl acement.
SECTION 15 PROPERTY DAMAGE
15.1 Consideration for ReplaC8lll8nt: The District discourages the use or
display of personal property not required for the job by the employee at
work. The Di stri ct shall consi der the repl acement of damaged personal
property on a case-by-case basis.
SECTION 16 MILEAGE
16.1 Allowance: The Di stri ct-wide mil eage allowance for the use of
personal vehicles on District business shall be paid as allowed by the
Internal Revenue Service without tax consequences ($.225 per mil e as of
May 1, 1988.)
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ARTIClE IV BENEFIT PROVISIONS
SECTION 1 BFlOYEE BENEFITS
1.1 Health Pl ans: Current permanent or probati onary employees hi red by
the Di stri ct pri or to May 1, 1985, shall be provi ded with a fully pai d
Kaiser Health Plan. Those current employees, permanent or probationary,
enrolled in the Kaiser Health Plan may transfer to the Prudential Health
Pl an; however, the employee must pay the difference in cost between the
p1 ans. Employees currently covered by Prudenti a1 shall be all owed to
continue this program at District expense and any increase in the cost of
the Prudential Pl an will be borne by the District.
Employees hired after May 1, 1985, will be provided with the District's
Kai ser Heal th P1 an at no cost. If such employees choose to be covered by
the District's Prudential Plan, the employees must pay the difference in
cost between the P1 ans.
1.2 Dual Health Coverage: Those employees having dual coverage under a
health insurance program may withdraw from the District's health
insurance coverage and, in 1 ieu of such coverage, receive additional
monthly compensation in the amount of $90.00. Continuation of this
program is subject to Health P1 an carrier acceptance.
1.3 Ret1r~nt: The District shall provide a retirement program for all
employees covered under th isM. O. U.
District employees who were members of the Retirement Association on or
prior to March 1, 1973, and who have vested thirty (30) years service in
the Reti rement P1 an are not req ui red to make any further contri buti ons to
the Retirement Plan.
Those District employees so qualifying shall be entitled to receive a
cash supp1 ement to thei r compensati on equiva1 ent to and in lieu of any
Di stri ct payment as may be granted and made as a porti on of employee
retirement contributions to the retirement program.
1.4 Dental Plan: The District shall provide a dental care program for
all employees covered under this M.O.U.
1.5 Eye Care Plan: The District shall provide a visual elfe care program
for alT employees covered under this M.O.U.
1.6 Disabll 1ty Pl an: The Di stri ct shall provi de a disabil ity program
for all employees covered under this M.O.U.
1.7 Ter'll life Insurance Plan: For current permanent or probationary
ernployees hired by the Di stri ct prior to May 1, 1985, the 01 str1 ct shall
provide a term life insurance policy equal to two times the employee's
annual sal ary at Step E to a maximum of $50,000. For permanent or
probationary employees hired by the District after May 1, 1985, the
District shall provide a term life insurance policy equal to one times
the employee's annual salary at Step E to a maximum of $50,000.
-22-
~ Deferred ea.pensa~ion: The District shall offer a Deferred
pensa~ion Plan which affords employees ~e opportunity to defer
receipt of a portion of ~eir salary for savings purposes, ~us taking
advantage of deferri ng payment of income tax until wi~drawal. To
participate, ~e employee may defer up to the anount allowed by law. If
the employee chooses to participate in ~is plan, ~e District will, in
lieu of Social Security, contribute an amount equal to ~at which
normally would have been contributed by the District to Social Security.
The District's monthly contribution to each participant's Deferred
Compensati on Pl an account is equal to an anount that ~e employer woul d
normally pay into the Social Security System, less $10.90. The reduction
of $10.90 per month offsets an increase in the District's contribution to
each participant's account in the County retirement system caused by the
District's withdrawal from the Social Security System. Effective May 1,
1988, the reduction of $10.90 per month in the District's contribution to
Deferred Compensation Plan accounts will be eliminated.
1.9 Continuance of Benefit Plan: The District shall have a program
which provides a continued degree of responsibility to ~e employee upon
reti rement and to the dependents of a deceased employee.
The program for reti red employees hi red by the Di stri ct pri or to May 1,
1985, and their dependents shall provide for the continuance of medical,
dental, and reduced life insurance pl ans <1/2 of 1 ife insurance at time
of reti rement) 1 n force at ~e time of reti rement. The program for
retired employees hired after May 1, 1985, and their dependents shall
prov1 de for the conti nuat1 on of medi cal and dental and reduced life
insurance plans ($10,000 policy) in force at the time of retirement with
~e excepti on that ~e Di stri ct shall conti nue to pay for the full cost
of a ret1 red employee's medi cal and dental coverage until the employee's
65~ birthday. At age 65, employee shall pay the District 501 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 (1n 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.
1.10 Registration Differential: The Central Contra Costa Sanitary
District shall grant salary merit increases to permanent employees who
achieve regi strati on or 1 icense as Professi onal Engi neer, Land Surveyor,
or Certified Public Accountant while employed by the District in a
position not requiring such registration or license. Such merit increase
shall be subj ect to the employee's demonstrati on of ability to assi st in
the accomplishment of District activities requiring a level of skills and
importance normally expected from a person with such certification. The
salary merit increase shall be in the anount of a one step increase of
the employee's basi c salary.
Employees shall be responsible for producing the evidence of qualifica-
tion for such merit increase to their respective supervisors for
consideration under this policy.
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The Supervisor shall, upon receipt of the employee's evidence of
qual ifications, review such evidence and if found to be affirmative. give
written recommendation for a merit increase to the Department Manager.
Upon review and concurrence by the Department Manager. the recommendation
shall be forwarded to the General Manager-Chief Engineer for his
approval. If approved by the General Manager-Chief Engineer, the matter
shall be presented to the Board of Directors for consideration.
The District Board of Directors shall consider each recommendation of the
merit increase, and. if granted, it shall become initially effective on
the date that the EIIIployee makes written appl icati on to the Board
indicating receipt of notification of the registration and/or license and
will continue while that employee occupies a position not requiring such
registration and/or license.
1.11 E..playee Assfstance ProarUl (EAPh
The District will establish an Employee Assistance Program.
Representatives from the Union will participate in the review of the
Req uest For Proposals and make a recommendati on to the Di stri ct. The
program shall be implElllented no later than October 1, 1988.
SECTION 2 VACATION
2.1 General: All employees, with the excepti on of Temporary status
amployees. earn pai d vacati on time fran the fi rst month of employment.
However, a new amployee without Di stri ct 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 Department Manager 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 is
shown in the follOlting tables:
2.2 Vacatfon Earnfngs:
A. Current permanent or probati onary employees hi red by the Di stri ct
pri or to May 1, 1985, earn ten (10) hours of vacati on per month
worked pl us additional allowance for longevity after five (5) years.
Years of
Serv i ce
Annual Vacation
AllOltance
Maximum Number of
Vacation Days Which
Can be Accumulated
and Deferred
0-5 Years
5-10 Years
10-15 Years
15-20 Years
20-25 Years
25-30 Years
30 & Over
15 Day s
16 Day s
17 Day s
20 Day s
25 Day s
30 Days
35 Days
30 Days
32 Days
34 Days
40 Day s
50 Days
60 Days
70 Days
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B. Permanent or probati ona ry Employees hi red by the Di stri ct after May
1, 1985, earn 6.67 hours of vacation per month worked 0-3 years; and
ten (10) hours of vacation per month worked 3-5 years; plus
additi onal allowance for longevity after five (5) years worked.
Maximllll Number of
Vacation Days Which
Can be Accumulated
and Deferred
Years of
Serv 1 ce
Annual Vacation
Allowance
0-3 Years
3-5 Years
5-10 Years
10-15 Years
15-20 Years
20-25 Years
25 & Over
10 Day s
15 Day s
16 Day s
17 Day s
20 Days
25 Day s
30 Days
20 Day s
30 Day s
32 Day s
34 Days
40 Day s
50 Days
60 Day s
2.3 Use of Vacation AccUllul ation: All Employees shall be afforded one
cal endar year fran the anniversary date to use such extra vacation days
to or below the permitted maximum limits pri or to any forfei ture of
vacati on days.
2.4 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 1 imit.
2.5 Terai natf on: If an Employee 1 eaves the Di str1 ct for any reason,
he/she will be paid for any earned vacation time not used.
2.6 PaYEnt of AccUllula'ted Vacation TiE:
A. Employees may request payoff of accumulated vacation time.
B. Payment shall be cons1 dered if the applicant can demonstrate the
need for payment to alleviate serious financial problEmS.
C. Employees must have either taken 10 days of vacation time within the
calendar year of application or have accrued sufficient vacation
time to take a mandatory ten days of vacation time off w1th1 n 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 1 etter of request for payment of
accumulated vacation to his/her Department Manager which shall
1 ncl ude 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.
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SECTION 3 HOlIDAYS
3.1 Holiday Schedule: There are thirteen (13) paid holidays.
o New Year's Day
(January 1>
o Martin Luther King, Jr.'s Birthday
<Third Monday in January)
o Veteran's Day
(NoVEmber 11>
o Thanksgiving Day
(Fourth Thursday in NovEmber)
o L i ncol n' s Bi rthday
(February 12)
o Washington's Birthday
(Third Monday in February)
o Memorial Day
(Last Monday in May)
o Day after Thanksgiving
o December 24
o December 25
o Independence Day
(July 4)
o Labor Day
(First Monday in September)
o December 31
3.2 Weekend-Designated Holidays: If a designated hol iday falls on a
Saturday, the precedi ng work day not a hol iday shall be deemed to be the
hol iday and if the hol iday falls on a Sunday, the following work day not
a holiday shall be deemed to be that holiday.
3.3 Holiday CoIIIpensation: All amployees, with the excepti on of Temporary
status amployees, who are requi red or authorized to work on a hol iday
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.
SECTION" LEAVES
4.1 Sick Leave: Current permanent or probati onary Employees hi red by
the District prior to May 1, 1985, earn fifteen (15) days' sick leave per
year. Permanent or probati onary Employees hi red by the Di stri ct 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 amployee, 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 1 eave as requi red.
-26-
4.2 Doctor's Release: If absence due to illness or injury exceeds five
(5) working days, the District may, through the Personnel Office, require
a doctor's rel ease upon the employee's return to work. However, the
District may, after consultation with the employee and with advance
written notice, require a doctor's release to return to work for any sick
leave time taken. In cases where the District has cause to bel ieve it
woul d be in the employee's best interest, for reasons of health and
safety, the District may require a Functional Capabilities Evaluation
signed by the employee's treating physician or the District's
Occupational Health Physician before the employee is allowed to resume
full duties after an illness or injury. In the event the Employee is not
able to have the Functional Capabilities Evaluation form completed
immediately, the District will accept a less complete release signed by a
medi cal doctor for a peri od of (five) 5 days to allow for the return of
the Functional Capabilities Evaluation form.
4.3 Notification: An Employee must notify the immediate supervisor if
calling in sick at the beginning of the employee's assigned work hours;
if the immediate supervisor is unavailable, then the notification shall
follow the chain of command.
4.4 Sick leave AccUllul ation: Unused sick 1 eave accumul ates from one year
to the next. There is no maximlln 1 imitati on. The bal ance of unused
accumulated sick leave is credited as longevity upon retirement.
4.5 Sick leave Incentive Benefit: For current permanent or probationary
employees hired by the District prior to May 1, 1985, the District shall
augnent the regular sick leave policy with an incentive benefit using a
formula crediting eighty five (851) percent of the employee's yearly
unused sick 1 eave to an accumul ati ng account for that person. For
permanent or probati ona ry employees hi red by the Di stri ct after May 1,
1985, the foll ow i ng schedul e shall appl y:
Years of PaY-Off Credi t
Service at Termi nati on
0 - 5 Years 0 Percent
5 - 10 Years 25 Percent
10 - 25 Years 25 Percent
25 and Over 25 Percent
PaY-Off Credi t
at Retirement
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 two (2) weeks' notice.
4.6 Work-Incurred Injuries: The District's pol icy for charging sick
leave for work-incurred injuries or illness shall be as follows:
An employee requiring medical attention for a work-incurred injury or
ill ness w 111 not be requi red to charge the porti on of time spent on the
day of 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.
-27-
The day the injury or illness occurred is considered to be the first day
of the th ree-day wai ti ng peri od req ui red by State Cornpensati on and the
District Salary Continuance Plan.
4.7 Sal ary Continuance Pl an: It shall be the general policy of the
Di stri ct to conti nue pay to an employee under the Sal ary Conti nuance Pl an
when an employee incurs a work-rel ated injury or ill ness. Thi s pl an
commences if the employee qualifies for Worker's Compensati on for the
disability and, if in the opinion of the District, the disability is
work-rel ated. If the injury or 111 ness is deterrni ned 1 egi timate, 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 C7OJ) 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 Sal ary Conti nuance Pl an will commence on the fourth day after the
disabled employee leaves work as a result of the injury or illness after
a three-day waiting period. However, if the injury or illness causes
di sabil ity of more than twenty-one (21) days or necessitates
hospital izati on, the Sal ary Conti nuance Pl an will become effective fran
the first day the injured employee leaves work as a result of the injury
or ill ness.
The employee may use vacati on or sick 1 eave accrual or earned overtime
during this waiting period.
4.8 Death in F.-ily: 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. If the employee does not have sufficient
vacati on time or earned overtime avail abl e, he/she may use up to th ree
days of leave without pay, with Depar'bnent Manager approval. "Immedi ate
Family" consists of the following persons; mother, father, husband, wife,
brother, sister, son, daughter, in-laws, or grandparents. Verification
may be req ui red.
4.9 Jury Duty: If an employee is called for jury duty or to have
depositions taken for District-related business, he/she may either take
the time off with pay and turn over to the Di stri ct any moni es 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. Mil eage allowances shall be kept by the employee under
any ci rcumstances.
4.10 Military leave: Employees who are assi gned 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.).
-28-
4.11 Pregnancy Dfsabl1 fty: For the purposes of State Di sability
Insurance. Pregnancy 01 sab111ty leave 1 s effective the f1 rst date the
employee is disabled. The District will require verification from the
employee's physi ci an. Eg. If an employee's 1 ast day of work is 911. and
the baby is del ivered on 10/1. then the effective date of Pregnancy
Disability Leave will be 9/1.
Upon termination of the disabil ity, (generally six weeks following a
regul ar delivery; ei ght weeks following a Caesarean Secti on, or the
length of the disability), 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 months from the birthdate of the child, subject to Board
of Director approval.
4.12 Leave of Absence Wfthou1: Pay: Employees may request a leave of
absence without pay through his/her supervisor. A leave of absence
without pay for up to thi rty (30) worki ng days may be approved by the
Department Manager and the General Manager-Chief Engineer. Longer leave
shall requi re the approval of the Board of Di rectors 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. Duri ng an extended 1 eave, the
employee's employment status and seniority will remain unchanged. Health
pl an insurance benefits will be conti nued for only medi cally-rel ated
leaves. However, all other rights, privileges, and benefits of
employment are suspended until the employee's return to active
employment.
SECTION 5 MEAL ALLOfANCE
5.1 Stand-By: Employees other than Operations personnel who are on paid
stand-by and called in will receive a 60-minute paid meal break after
four (4) hours' overtime work, but not meal allowance.
5.2 Call-In Not On Stand-By: Those called in who are not on stand-by,
other than Operations personnel, will receive a paid 60-minute meal break
after four (4) hours' overtime work. In addition, they will receive an
$9.00 ($9.50 effective May 1, 1990) meal allowance. Operations personnel
will receive the meal allowance, but not the paid meal break.
5.3 Unscheduled Hold-Qver: Employees other than Operati ons personnel
who are held over on shift will receive a paid 60-minute meal period plus
a $9.00 ($9.50 effective May 1, 1990) meal allowance after four (4)
hours' overtime work. Operati ons personnel will receive the meal
allowance, but not the paid meal break.
5.4 Scheduled Overtf.e: Employees who are on scheduled Overtime who are
not hold-overs will receive neither a meal allowance nor a paid meal
per i ode
A minimum of twenty-four hours' notice to work overtime shall constitute
scheduled overtime.
-29-
5.5 ec-on To All: All Employees other than Operati ons personnel who
work 1 n excess of four (4) hours after campl eti on of the fi rst meal
peri od w ill be enti tl ed to a second meal peri od and payment of $9.00
($9.50 effective May 1, 1990). Operations personnel will receive the
meal allowance, but not the paid meal break.
Meal periods and meal allowances will be paid only for overtime hours and
will not be paid for scheduled working hours. The paid meal period
includes cleanup time.
Receipts will not be required for meal allowances. The meal allowance
will be paid by separate check according to the accounts payable cycle.
SECTION 6 lRAINING
6.1 Trafnfn~ and Develol)llent Pol fey: It is the goal of the Central
COntra Costa anitary District to carry out its responsibilities with the
best possible balance of effectiveness and economy.
This goal can best be accomplished by helping its Employees develop the
skills, knowledge, and understanding to perform essential tasks.
The development of the skill s, know1 edge, and understandi ng is the
responsi bi 1 ity of each Employee and w ill be supported by the Di stri ct
through a flexible program of employee training and development.
Th is program will i nc1 ude, but not be 11m ited to, educati on tui ti on
reimbursement, seminars, conferences, trai ni ng sessi ons, and on-the- job
trai ni ng.
6.2 Educatfon-Tuftfon Refund Pol fey: The Di strict will reimburse
employees (with the excepti on of those in a temporary status or on a
L.O.A.) desiring to further their education for the purpose of improving
their on-the-job-performance. Approval will be given for courses within
the scope of the employee's employment field and District job
responsibilities, and for training for higher positions within the job
fami ly. Cl ass and study time must be outsi de of the employee's worki ng
hours, and the completion of the course must result in at least a C grade
or its equivalent. The maximum tuition refund to an e1 igible employee
shall not exceed $450 per fi sca1 year. An employee may e1 ect 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.
-30-
ARTIQ.E Y. CONQ.UDING PROY ISIONS
SECTION 1 SAYINGS
1.1 Invalidation: 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
ranai nder of this Memorandum of Understandi ng shall not be affected
thereby.
In the event of invalidation of any section of this Memorandum of
Understanding, the parties agree to meet and confer within thirty (30)
days after such determination for the purpose of arriving at a mutually
satisfactory replacement for such section.
SECTION 2 APPLICATION
2.1 Waiver: This Memorandum of Understanding states all agreanents
between the Di strict and those anployees represented by the Uni on and
constitutes a cl ear and unequivocal waiver of any benefit or privil ege
not specifically stated in this Memorandum of Understanding.
2.2 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 taki ng such
acti on.
SECTION 3 TERM
3.1 Lenath of Aaree.ent: This Memorandum of Understanding shall remain
in full force and effect from May 1, 1988 through April 30, 1991.
SECTION 4 DISlRlBUTION OF AGREEJENT
4.1 Shared Cost: Following ratification of this Agreement by both
parties herein, said parties shall share equally the cost of preparing
and distributing a sufficient number of copies to all members of the
bargaining units and designated management personnel.
SECTION 5 SIGNATURES TO AGREEJENT
5.1 Signatures: Signed and entered into this 12th day of May, 1988,
subject to the approval of the respective parties.
-31-
CEN1R
COSTA SANITARY DISlRICT
1 Morsen
\,
~ -~ ,
/'~ '-- . ,---'// , - .--. - -
(; . o/}~KtL;t-/ ~~-t-L~~L/
i thryn Radi n Freitas
CENlRAL CDrTRA OOSTA SANITARY DISlRICT
DISlRICT EJA..OYEES' ASSOCIATION.
PIIlLIC EIIA.?--'i LOCAL ,110. 1
~i. 2>1Jl~~
Ken Harrison
~ 1:. rPo'7J t?-
eL . Steve L.~sen
.~~v-'-
a es B, i ngame
"J./ ~ n-t \<2~-'.e
il 1 i am McDowel
~~
(Z... y .
av d V: att
-32-
I For Office Use:
, Due to Dept. Mgr:
I Due to Personnel:
CENTRAl.. mtrTRA COSTA SANITARY DISlRICT
GENERAL EJFlOYEE PERFORMANCE APPRAISN...
Employee:
Department:
Position:
Div. / Secti on:
Superv f sor:
Appraisal Period:
CENTRAl... CONTRA COSTA SANITARY DISlRICT
GENERAL EJROYEE PERFORJWtCE APPRAISAL
Attendance Record
This
Period
Previous
Period
Depar1:lnent
Average
Hours of sick leave used
Unscheduled Absences (sick leave,
vacation and EOT)
Safety Record
This
Period
Previous
Period
Depan:.ent
Average
Accidents
Inj uri es
Training received during appraisal period: CIncl udi ng certificati ons or other
training required in this period)
Written ~ndations:
Disciplinary actions:
REJl)VE SHEET BEFORE FILING WITH PERSONNa
DO NOT INQ.UDE WITH EY ALUATION FORM
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Complete each of the following:
o What are the employee's strengths; and in what ways has he/she excelled?
o In what ways can the employee improve?
o Li st acti ons employee has taken to improve performance or prepare for
adv ancement since 1 ast rev i ew .
o What are the employee's stated career objectives; what skills/improvements
are needed to achieve this goal? (optional)
o Supervisor/Manager supplementary comments: (May use separate sheet)
o Employee comments: (May use separate sheet)
Employee Signature:
(Indicates review of appraisal not agreement with it.)
Rev i ewed by:
Personnel:
1.)
2. )
(At Supervisor's discretion, a development plan may be attached)
BFlOYEElSUPERYISOR DEYBJ)PMENT PLAN
The Development Plan is the final objective of the evaluation process, in which
both the supervisor and employee consider the employee's pattern of performance and
demonstrated abilities, using the position description as a guide. The chief
purpose of the Development Pl an is to improve the employee's effectiveness on the
job by utilizing his/her strengths and developing realistically attainable
objectives and goals. This section shall address any unacceptable or marginal
rati ngs with a pl an for cor recti on.
DEYB.OPMENT PLAN FOR
OF
Name
(Department/Division)
Page ____ of ____
This Plan is a joint commitment to a course of action and goals. It results from a
di scussi on that has taken pl ace.
Developll8nt
Objectives
Specific Actions to be Taken
by EIIployee (with .phasis
on job-rel ated proj ects)
Specific Actions to be
Taken by Supervisor
Target
Date
Previous Individual
Development Objectives
Progress
Pl anne d by
Date
and
Date
.
Central ~ontra Costa Sanitary _Astrict
BOARD OF DIRECTORS
PAGE 1 OF 3
POSITION
PAPER
BOARD MEETING OF
May 19, 1988
NO.
IX.
DATE
PERSONNEL
2
SUBJECT
DIRECT STAFF TO SECURE THE SERVICES OF AN ARBITRATOR
IN ACCORDANCE WITH STEP FOUR OF THE GRIEVANCE
PROCEDURE
May 10, 1988
TYPE OF ACTION
PERSONNEL
SUBMITTED BY
INITIATING DEPT./DIV.
Paul Morsen, Deputy General Manager
Admini strative
ISSUE: In accordance with the Memorandum of Understanding (M.O.U.) between the
District and the Central Contra Costa Sanitary District Employees Association Public
Employees Uni on, Local No. One (Local #1), the Board must employ an arbi trator to
render a recommendation when grievances are appealed to the Board level.
BACKGROUND: Mr. James Maples, Utility Worker, of the Plant Operations Department,
has appealed the decision of the General Manager-Chief Engineer, who heard the
grievance at the Step Three level, to the Board of Directors. Mr. Maples has
alleged that in a recent recruitment for a Maintenance Technician Trainee position,
he was denied the opportunity because of inappropriate selection procedures and
discrimination based on his gender, his wife's employment with the District, and
their union activities.
In matters that are appealed to the Board of Directors (Step 4), the M.O.U. reads as
follows:
"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 District within five (5) days of receipt of the
General Manager-Ch ief Engi neer' s deci si on. The Secretary shall cal endar
the meeting for closed session at the next regularly scheduled Board
Meeting in keeping with established guidelines for calendaring an agenda
i tem .
The Board shall employ a neutral th i rd party to hear the matter and
recommend acti on to the Board. The Di strict and the Uni on shall equally
share the cost. If the parties cannot agree on a neutral third party, then
a 1 ist of five (5) neutral individuals shall be requested from the State
Concil iation Service and the parties shall use the alternate el imination
method to determine who shall conduct the heari ng. The Board may adopt,
reject, or modify the recommendation of the appointed neutral third party.
The decision of the Board is the final action of the District."
The 1 anguage above was written prior to changes in the Ral ph M. Brown Act. It is
not now appropriate as a resul t of these changes to consider grievances in closed
session; therefore, this matter has been calendared as a personnel item on this
agenda.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
(
PM
SUBJECT
DIRECT STAFF TO SECURE THE SERVICES OF AN ARBITRATOR
IN ACCORDANCE WITH STEP FOUR OF THE GRIEV ANCE
PROCEDURE
POSITION
PAPER
PAGE 2 OF
DATE
3
May 10, 1988
RECOMMENDATION: Authorize staff to secure the services of an arbitrator in
accordance with Step Four of the Grievance Procedures in the matter of the appealed
grievance of Mr. James Maples.
1....________
13026-9/85
PUBLIC EMPLOYEES UNION, LOCAL ONE
Mailing Address - P.O. Box 222, Martinez, CA 94553
Union Hall - 5034 Blum Road, Martinez, CA 94553
Phone (415) 228-1600
REPRESENTING EMPLOYEES IN
Alameda County, P.-J.1.
Alameda Schools
City of Benicia
City of Berkeley
Berkeley Schools
Brookside Hospital
Central Contra Costa
Sanitary District
City of Concord
Contra Costa Community
College District
Contra Costa County
Employees Association
Contra Costa County
Retirees Association
Contra Costa
County Schools
Contra Costa
Housing Authority
Contra Costa
Water District
East Contra Costa
Irrigation District
EI Dorado County
Employees Association
City of Martinez
Mt. Diablo Schools
Oakley Schools
City of Pittsburg
Richmond Schools
City of San Pablo
I.U.P.S.E.
Sacramento County
S.M.U.D. Exempt
Employees Association
Solano Association of
Government Employees
City of South Lake Tahoe
Employees Association
Sutter County
Employees Association
Vallejo Schools
City of Walnut Creek
West Contra Costa
Sanitary District
Yuba County
Employees Association
May 5, 1988
alce'VlI)
MAY 09 1988
"f-iiOi'lf:+.~~g,~~M"
Board of Directors
Central Contra Costa
5019 Imhoff Place
Martinez, California
Sanitary District
94553
Attention: Secretary of the District
Subject: Appeal of Decision of General Manager
Chief Engineer
Dear Board Members:
In accordance with the Contract, Article 3, Sec-
tion 2.5, Step 4, the Union hereby appeals the de-
cision in the matter of the grievance of Mr. James
Maples.
The Union hereby requests that a hearing be scheduled
pursuant to the appropriate section of the contract.
Sincerely,
PUBLIC EMPLOYEES UNION, LOCAL ONE
Cj)aJ 11 '/?fttt-
David V. Platt
Assistant General Manager
DVP/aw
cc: James Maples
Ken Harrison, Unit President
THE UNION FOR PUBLIC EMPLOYEES
ORGANIZED 1941
.~-
.
Central ~ontra Costa Sanitary ..,istrict
BOARD OF DIRECTORS
PAGE 1
OF 4
POSITION
PAPER
BOARD MEETING OF
May 19, 1988
NO.
x. LEGAL/LITIGATION
DATE
May 16, 1988
1
SUBJECT
DENY PROPERTY DAMAGE ClAIM RECEIVED FROM ROBERT J. & VICKIE
MURGIA OF 326 WELLINGTON AVENUE, CLYDE (SECOND SUBMISSION)
TYPE OF ACTION
DENY ClAIM
sUBrrJRD~: Campbell
Administrative Operations Manager
INITIATING DEPT./DIV.
Administrative/Risk Management
ISSUE: A claim denial request was first presented to the Board of Directors at the
April 21, 1988, meeting. The Directors requested staff to meet with the Murgias
to obtain additional information and attempt to resolve the issue.
BACKGROUND: District staff has met with Mrs. Murgia and with Ms. Pruyne
(pronounced Prine), the up-hill property owner who shares the sewer lateral.
Information was obtained from them as follows: The house on the Murgia property
was buil t fi rst and sewered into the Welli ngton Avenue li nee The house on the
Pruyne.property was then constructed and the sewer lateral brought down the hill to
connect with the existing sewer lateral under the house now owned by the Murgias.
This occurred prior to the Clyde annexation by Central Contra Costa Sanitary
District in 1968 and Mr. & Mrs. Murgia's purchase of the property approximately 11
years ago.
The Murgias first became aware of the sewer problem about ten years ago when sewage
from the up-hill property overflowed from a floor drain in their garage. They
blocked-off this garage drain and began maintaining the sewer lateral by having it
rodded two to three times per year. About five years ago the drain cleaning
company reported that a section of the lateral was broken between the Murgia house
and the connection to the District line in Wellington Avenue. The Murgias had this
repaired and also had new clean-outs installed in the line to facilitate the
rodding up to the pruyne property. Since this work was completed, routine rodding
is performed about once per year, the last time in November of 1987 by the Apollo
Plumbing and Rooter Service.
On December 12, 1987, the lateral became plugged on the up-hill side of the Murgias
and stopped the flow from the pruyne house. Ms. Pruyne called the Apollo Rooter
Service who responded and attempted to clear the line. It was while they were
working on the line that the overflow occurred into the Murgia's bathroom, probably
from the plug material traveling down the line and becoming lodged downstream of
the Murgias; the sewage from the pruyne house then came up through the Murgia's
toilet, flooding their bathroom. They have obtained an estimate for repairs of
$2,286.90, and this is the primary basis for the $2,673 amount claimed against the
District.
It is Mrs. Murgia's contention that the District is responsible for the overflow
because CCCSD did not correct the common sewer lateral configuration when Clyde was
annexed or when the sewer rehabilitation project was done in 1971. The staff has
REVIEWED AND RECOMMENDED FOR BOARD ACTION
JEC
PM
ENG.
INITIA ING DEPT./DIV.
~L
1302A-9/85
SUBJECT
DENY PROPERTY DAMAGE CLAIM RECEIVED FROM ROBERT J. & VICKIE
MURGIA OF 326 WELLINGTON AVENUE, CLYDE (SECOND SUBMISSION)
POSITION
PAPER
PAGE 2 OF
DATE
May 16, 1988
4
suggested to her that the claim should be made against her homeowner's insurance
pol icy, Ms. pruyne, or the Apollo Rooter Service, rather than the District. The
staff recommends that the claim be denied by the Board because the District didn't
cause the overflow, it di d not i nvol ve a Di strict-mai ntained 1 i ne, and the sewage which
overflowed was not from a public sewer.
There are many common sewer lateral situations in this District which have been
di scovered and probably a far greater number which as yet are not known. The
District policy has been that Central Contra Costa Sanitary District is responsible
for the public sewers in the streets and easements but that the individual property
owners have the responsibility for connecting their houses to the public sewer and
maintaining these connections. A side sewer or lateral used by more than one
individual property owner does not meet the definition of a publ ic sewer as
contained in the District Code.
The second issue raised by Mrs. Murgia in this matter is finding a permanent
solution to this particular sewer lateral problem. Because a developer is planning
a new subdivision for the land above the pruyne property, which will have to be
connected to the District, the staff has proposed to Mrs. Murgia that she withdraw
the cl aim (for the reasons given above) and sell a five-foot wide sewer 1 i ne
easement along the north side of her lot for a price of $2,250. The District would
have a sewer install ed in the easement which woul d serve the pruyne property, the
new subdivision, and also allow the Murgias to connect to it instead of having to
deal with thei r exi sti ng 1 ateral which is apparently deteriorati ng. However, Mrs.
Murgia has indicated that she does not want such a sewer line on their property.
She wants the District, in addition to paying her claim for the overflow, to use
Park Street for the sewering of the up-hill properties and make Ms. Pruyne connect
to that. Therefore, the staff is prepared to consider a sewer route for the new
development which will not cross the Murgia property, but allow for a connection to
the pruyne property. This can be addressed after the claim issue is resolved.
Exhibit "A" shows the Murgia property and the existing lateral sewer situation.
RECOMMENDATION:
1. Hear a presentation from Mrs. Vickie Murgia regarding her claim.
2. Hold a closed session to obtain legal advice from the District Counsel.
3. Act on the claim. The staff recommends that this claim for $2,673 from Robert
J. and Vickie Murgia be denied.
1....______.
1302B.9/85
Exhi bit "A" *
HOi.J~c- - _ __ _ _ _ - -$WIMMIAI~ PoOL;
PRUYNf 326 PARk ST:ON HIGHER lEVEL
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* Adapted from diagram provided by
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.__._._~
--- .-..-.---
GARAGE
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NEW [)R.A INS
JUST INSTALL!D
....
WASHING MACHINt; DRAIN
C.t.C.~. D.
Central Costa County Sanitary District
Board of Directors
Dear Members,
I am developing a property; subdivision 7027
adjacent to the Murgia's residence. I am aware of the mutual
problem that exists. I propose the following as a method of
resolving this, situation.
The District shall provide the improvement plans
and cut sheets for a main line sewer extention from Kilbourn
St. to subdivision 7027 at no cost to me. I shall cause the
construction of same within the month the District supplies
the improvement plans and cut sheets. I shall negotiate with
Ms. pryune then provide her with a side sewer easement so
the District can install her side sewer to our main line
extention. It is my understanding this method would be less
expensive for the district.Furtermore it is also my under-
standing the Murgia's want nothing to do with having an ease-
ment and main extension through their property. Please feel
free to call me or respond to my address bel~
(I ----~.
"
Sincerely,
Kevin Morrison
4342 Cowell Rd.
Concord Calif., 94518
(415) 685-8922
/
'~
S-/b-8B