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HomeMy WebLinkAboutAGENDA BACKUP 05-05-88 . Central _antra Costa Sanitary ~ "strict BOARD OF DIRECTORS I PAGE 1 OF 11 POSITION PAPER I BOARD MEETING OF Mav 5, 1988 NO. IV. HEARINGS 1 SUBJECT HOLD PUBLIC HEARINGS ON UNINHABITED DISTRICT ANNEXATION 98 AS AMENDED BY THE LOCAL ,4GENCY FORMATION COMMISSION (LAFCO) DATE April 25, 1988 TYPE OF ACTION Hold Hearings D.A. 98B, 98C, 98E and 98F SUBMITTED BY Dennis Hall Associate Engineer INITIATING DEPT./DIV. Engineering Department/ Construction Division ISSUE: LAFCO has amended the boundaries of several of the parcels included within District Annexation 98, a proposed uninhabited annexation. The District must hold hearings and consider testimony by affected property owners before acting on the proposed amended annexations. ~AOKGROUNP: The above-referenced annexation was sent to LAFCO as required for the formal annexation process. Part of the annexation, consisting of four parcels, was not changed. These four parcels are being submitted for Board action on the consent calendar as District Annexation 98-A. Since D.A. 98-A is 100 percent landowner consent and was not amended by LAFCO, a public hearing is not required. LAFCO amended the boundaries of the six remaining parcel s during its approval process. These amendments were made to improve the conti nui ty of the resul ti ng District boundary. The amended annexations are designated as D.A. 98-B through F and are considered to be five separate annexations (two of the six parcels were combined into D.A. 98-F). D.A. 98-0 was held over at LAFCO and will be scheduled for future Board acti on. Maps are attached showi ng the remai ni ng four amended annexations. A Negative Declaration has been prepared by LAFCO for all of these amended annexati ons. Di stri ct staff has rev i awed said Negative Decl arati on and concurs with its findings. District Annexation 98 as submitted to LAFCO was a single annexation. The action by LAFCO separated District Annexation 98 into six separate annexations, five of which require a public hearing. Normally, a separate hearing would be held for each of these five annexations. If no members of the public appear, all annexations can be considered in one public hearing. If a member of the public wishes to testify on a particular annexation, a separate hearing shall be held on that annexation. The remaining annexations will then be the subject of the second hearing. Legal notice was published, and the affected property owners were notified of the hearings as required by law. The amended annexations are uninhabited (fewer than 12 registered voters). Factors to be considered by the Board in deciding to approve or disapprove the proposed annexations shall include all of the following: 1. Whether the proposed annexations will be in the best interests of landowners or present or future inhabitants within the District and within the territory proposed to be annexed to the District. REVIEWED AND RECOMMENDED FOR BOARD ACTION 1302A-9/85 Ail( DH fM1 JSM fIJ INITIATING DEPT./DIV. RAB ~ ;~ W~NG. ROGER J. DOLAN SUBJECT HOLD PUBLIC HEARINGS ON UNINHABITED DISTRICT ANNEXATION 98 AS AMENDED BY THE LOCAL AGENCY FORMATION COMMISSION (LAFCO) POSITION PAPER PAGE DATE 2 OF 11 April 25, 1988 2. The Local Agency Formation Commission's resolutions making the determination that the proposed annexations should proceed forward to hearing by this Board (Resolution for D.A. 98-B is attached as Exhibit A, this is a representative resol uti on. Copies of all four resol utions have been provided to the Board members separately for review). 3. Any of the factors required by Government Code Section 56841 which were taken into consideration by the Local Agency Formation Commission in making its determination to refer these proposed annexations to our District as the conducting authority. These factors are shown on Exhibit B. 4. The Board is free to consi der any matters which it deems materi al to the decision to approve or disapprove the proposed annexations. Following its review, the Board, not more than 30 days after the conclusion of the hearing, shall adopt a resolution taking one of the following actions: 1. Disapprove any of the proposed annexations if, in considering the above factors, the Board finds the annexation is improper; or 2. Disapprove anyone of the annexations if a majority protest exists; or 3. Order the annexations if written protests have been filed and not withdrawn by owners of land who own less than 50 percent of the total assessed value of land within the affected territory. RECOMM.l:NDATlON: 1. Open heari ng or heari ngs as appropri ate, receive any testimony, and close public hearing(s). 2. Adopt a Resolution concurring with and adopting the Negative Declaration of LAFCO and orderi ng the annexati on of all parcel s as amended which have no protests. 3. Adopt a resolution taking one of the following actions: o Disapprove one or more of the proposed amended annexations if the Board determines that the annexation is not warranted, o Disapprove any amended annexation if a majority protest exists, o Order the annexation and concur with and adopt the Negative Declaration of LAFCO if written protests have been filed and not withdrawn by owners of land who own less than 50 percent of the total assessed value of land within the affected territory. 13028-9/85 ~ ~ 410.6'3' '8 g (\J ~~ LUa: (f)d ~d\ -\J :>~ o l\I ~~ ~d ~~ ~ STEVENSON-DUNN CO. 15"5 O.R. ~'24 ~ = ADDED BY LAFCO DISTRICT ANNEXATION NO. 98 PARCEL NO. 1 MARTINEZ AREA PeA. '8-S ~ Z -t ~ m ID Z Z ~ < ~ <I) N 87.~'40'... '.. '9~~ I! ~-:;~'.i z 1+ ~ 0 - ~ :u 1+ R: ~ . N ~ ~ I :::ii: ~ ~ ~ @ ~ ~* 3 4! ~"'mN .I it m J -< Ul ~ ::::::: 20294' ....... N 8900SlE . :.:.::t!~Ul9.~ij!5:!S{' .:..:.:.: '::::: }? ~ ~ ~ ~ 51'" ....... I ~~~~*~m I ~ ~ .~ Ii 16 L- ~ ~ ~ \) .....:. v} ""\.! @)-~ (JI, "'l]1 ;g Z -i o i1 OJ !R z z Z (j) ...... ...... ...... .:.:.: ...... .:.:.: ~ ~ ~==ADDED 8Y LAFC.O D.A. '8-& DISTRICT ANNEXATION NO. 98 PARCELS 2 &'3 PLEASANT HILL Q ~ INT OF BEGINNING 20 U1VTJ (") :b ~ - ~ o ~.;:.ADDED 6Y LAFCO DISTRICT ANNEXATION NO. 98 PARCELS 6 & 7 ORINDA AREA D.A. ". 4 L4KE a<i'/N04 #/G#L4NOS UNI; OVc- ~20.., 5.?8} '>-0 ~ ;;z,.oy < N2S./3'W 160 't JOHN A. CRONIN (/798 al;'. 569) ~ - tfi}. ~ ..-/ .."... rA = ADDED e>Y L.AFCO DISTRICT ANNEXATION NOAoREA ORINDA PARCELS 8 & 9 QA. '6-- F EXHIBIT A RESOLUTION OF THE LOCAL AGENC ORMATION COMMISSION OF CONTRA COSTA COUNTY MAKinG DETERMINATIONS AND APPROVING PROPOSED DISTRICT ANNEXATION NO. 98-B TO CENTRAL CONTRA COSTA SANITARY DISTRICT (LAFC 87-68-B) The Local Agency Formation Commission finds: On November 9, 1987 Resolution No. 87-195 of the Central Contra Costa Sanitary District (CCCSD) was submitted to the Executive Officer of this Commission making application for proposed District Annexation No. 98 to said District; and At the times and in the form and manner provided by law, said Executive Officer gave notice of public hearing by this Commission upon said application; and The Executive Officer reviewed said application, caused to be prepared an initial study of the project's environmental significance and a resulting Negative Declaration, and prepared the Executive Officer Report including his recommendations therein; said application, Negative Declaration and report were presented to and considered by this Commission; and The public hearing by this Commission was held on January 13, 1988 at the time and place specified in the notice of public hearing; and At said hearing, this Commission heard and considered all oral and written protests, objections and evidence presented or filed, and all persons present were given an opportunity to be heard in respect to any matter relating to said application, Negative Declaration and report. NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED that: Section 1. The Negative Declaration finding, pursuant to the California Environmental Quality Act, that the subject project (proposed annexations as amended herein) will not have significant effect on the environment is hereby adopted. Section 2. This portion of the proposal is hereby amended to include only Annexation Parcel 1 as identified in the application, with boundaries of said parcel revised to include certain additional territory. Section 3. The proposal is assigned the designation of "District Annexation No. 98-B to Central Contra Costa Sanitary District (LAFC 87-68-B)" and the affected territory is legally inhabited. Section 4. The proposed annexation is hereby approved subject to conditions that 1) the boundary of affected territory shall be as amended and described in attached Exhibit "A" and 2) said territory shall be subject to CCCSD ordinances, rules, regulations, bonded indebtedness and contractual obligations. Section 5. Pursuant to Government Code Section 56029 (b), the Sanitary Board of CCCSD is hereby designated as the conducting authority; and pursuant to Government Code Section 57000, said Sanitary Board is hereby directed to initiate proceedings for the proposed annexation in compliance with this resolution. Section 6. The Executive Officer is hereby directed to mail certified copies of this resolution in the manner and as provided in Section 56853 of the Government Code. PASSED AND ADOPTED on January 13, 1988 by the following vote: AYES: Commissioners Fahden, Longshore, Torlakson, uilkema and Rainey NOES: None ABSENT: None Resolution LAFe 87-68-B 2 I hereby certify that the foregoing is a true and correct copy of a resolution passed and adopted by said Commission on the date afore- said. DEM:ap Attachment Distribution: Roge~~olan, General Manager; CCCSD Jay~~oy, Construction Division Manager; CCCSD Bill Gregory, Real Property Specialist; CCCSD Jack Garner, City Manager; City of Martinez Local Agency Formati ~- Canmission Contra Costa County, _~lifornia Approved Description Date: I-I'.~~ By: .l.J1.e. (~A'C ~'1-~~-~) DISTRICT ANNEXATION TO NO, 98-B TO CENTRAL CONTRA roSTA SANITARY DISTRICT (EXHIBIT A) All deed and map references herei nafter referred to are as r8C'orded in the Office of the Recorder of Contra Costa County, State of California. Those parcels of land in the County of Contra Costa, State of California, as described in the following parcels: Parcel. 1. Beginning at a point on the existing boundary of the Central Contra Costa Sanitary District (CCCSD) at the intersection of the southern line of Vi ne Hill Way with the northeast line of Al hambra Avenue; thence fran said point of beginning following said CCCSD boundary, north 29.10' west along the northeast line of Alhambra Avenue, 280 feet more or less to the south li ne of the pa rce 1 of 1 and descr i bed in the deed to ROOERT S. LATOiAW, et ux recorded May 12, 1950 in Book 1556 of Official Records, page 238; thence along the south line of said parcel (1556 OR 238) north 79'58' east 170 feet more or less to the southeast corner thereof thence north 19.03' east 102.72 feet to the northeast corner of said parcel <1556 OR 238); thence leaving said CCCSD boundary north 81.28' east, 90 feet more or less to the southwest corner of the parcel of land described in the deed to DONALD F. OYAAS, et ux recorded August 25, 1978 in Book 8983 of Official Records, page 699, being a point on said OCCSD boundary; thence along said CCCSD boundary north 81.28' east 300 feet more or less to the southeast corner of the parcel of 1 and descri bed in the deed to HAROlD E. GILMORE, et ux recorded October 1, 1971 in Book 6489 of Official Records, page 287; thence leaving said CCCSD boundary north 81.28' east 20 feet more or 1 ess to the southwest corner of the parcel of land described in the deed to VIOlA TAYlOR recorded December 3, 1958 in Book 3275 of Official Records, page 100, being a point on the existing boundary of CCCSD; thence along said CCCSD boundary north 81.28' east, 560 feet more or 1 ess to the southeast corner of the pa rce 1 of 1 and described in the deed to ANTONIO J. BUCCELLATO recorded September 22, 1971 in Book 6482 of Official Records, page 46; thence leaving said OCCSD boundary north 81-28' east 600 feet more or less to the northeast corner of the parcel of land described in the deed to Sloan recorded May 30, 1978, in Book 8856 of Official Records at page 560; thence along the east line of said Sloan parcel (8856 OR 560) and its prolongation south 8.32' east 553 feet, more or less, to the north line of Vine Hill Way said point being at the southeast corner of the parcel of land described in the deed to Hoy1es recorded October 12, 1983 in Book 11481 of Official Records at page 770; thence along the north line of said Vine Vfll Way and the south line of the Hoy1es parcel south 73-03' west 161.74 feet to the southwest corner thereof; thence leaving the boundary of the Hoy1es parcel (11481 OR 770) in a southerly direction 40 feet, more or less, to a point on the southerly line of said Vine Hill Way said point being on the existing boundary of the CCCSD at the northeast corner of the parcel of 1 and descri bed 1 n the deed to Gol den recorded November 27, 1985 in Book 12639 of Official Records at page 29; thence along said CCCSD boundary and the east 1i ne of the Gol den Parcel (12639 OR 29) south 20-18' east !.20.44 feet to the northern corner of the parcel of land described in the deed to Stevenson-Dunn Co. recorded July 15, 1975 in Book 7565 of Official Records at page 224; thence leaving said east line of the Go1 den parcel (12639 OR 29) and along the northeastern 11 ne of said Stevenson-Dunn Co. parcel (7565 OR 224) south 59-55' east 123.45 feet; thence south 43-51' east 233.42 feet; thence leaving said CCCSD boundary and along the south boundary of the Stevenson-Dunn Co. parcel (7565 OR 224) and its prolongation north 80-23' west 1033.90 feet to the southwest corner of the parcel of land described in the deed to Foran recorded November 29, 1977, in Book 8607 of Official Records at page 773; thence along the west line of said Foran parcel (8607 OR 773) north 4-05' west 159.96 feet to the south line of Vine Hill Way; thence leaving said west line of the Foran parcel (8607 OR 773) and northwesterly along said south line of Vine Hill Way 870 feet, more or less to the point of beginning. Containing an area 22.48 Acres, more or less. EXHIBIT B FACTORS REQUIRED BY GOVERNMENT CODE 56841 WHIOi WERE CONSIDERED BY LAFCO (a) Population, population density; land area and land use; per capita assessed valuation; topography, natural boundaries, and drainage basins; proximity to other populated areas; the likelihood of significant growth in the area, and in adjacent incorporated and unicorporated areas, during the next 10 years. (b) Need for organized community services; the present cost and adequacy of governmental services and control s in the area; probable future needs for those services and controls; probable effect of the proposed incorporation, formation, annexation, or exclusion and of alternative courses of action on the cost and adequacy of services and controls in the area and adjacent areas. "Services," as used in this subdivision, refers to governmental services whether or not the services are services which would be provided by local agencies subject to this division, and includes the public facilities necessary to provide those serv ices. (c) The effect of the proposed action and of alternative actions, on adjacent areas, on mutual social and economic interests, and on the local governmental structure of the county. (d) The conformity of both the proposal and its anticipated effects with both the adopted commission policies on providing planned, orderly, efficient patterns of urban development,. and the pol icies and priorities set forth in Government Coce Section 56377. (e) The effect of the proposal on mai ntai ni ng the physi cal and economic integrity of agricultural lands, as defined by Government Code Section 56016. (f) The definiteness and certainty of the boundaries of the territory, the nonconformance of proposed boundaries with lines of assessment or ownership, the creation of islands or corridors of unicorporated territory, and other similar matters affecting the proposed boundaries. (g) Consistency with city or county general and specific plans. (h) The sphere of influence of any local agency which may be applicable to the proposal being reviewed. (i) The comments of any affected local agency. . Central _ontra Costa Sanitary ... ~strict BOARD OF DIRECTORS PAGE OF 4 POSITION PAPER BOARD MEETING OF May 5, 1988 NO. V. BIDS AND AWARDS 1 SUBJECT AUTHORIZE AWARD OF CONSTRUCTION CONTRACT TO MCGUIRE AND HESTER FOR OUTFALL REHABILITATION PHASE II, DP 20056, AND AUTHORIZE $1,266,000 FROM THE SEWER CONSTRUCTION FUND FOR THE TREATMENT PLANT PROGRAM UNALLOCATED AUTHORIZATIONS ACCOUNT DATE April 29, 1988 TYPE OF ACTION AUTHORIZE AWARD OF CONTRACT AND AUTHORIZE FUNDS SUBMITTED BY Curtis W. Swanson Principal Engineer INITIATING DEPT.lDIV. Engineering Department Engineering Division ISSUE: On April 28, 1988, sealed bids for District Project No. 20056 were received and opened. The Board of Directors must award the contract or reject the bids within 60 days of the opening of bids. BACKGROUND: Plans and specifications for the project were completed by the joint venture of James M. Montgomery and Camp Dresser & McKee, (JMM/CDM), and the project was advertised on April 8 and April 18, 1988. Four bids were received on April 28, 1988. A tabulation of the bids is shown in Attachment 1. An evaluation of the bids conducted by the Engineering Department concluded that the lowest responsible bidder is McGuire and Hester of Oakland, California, with a bid price of $779,779. The Engineer's Estimate for construction is $676,400. The budget to complete the project is $1,266,000 as shown in Attachment 2. The total project cost for Phase II is $2,453,000. All four bids received are greater than the Engineer I s Estimate by percentages ranging from 15 percent for the lowest bidder to 52 percent for the highest bidder. After evaluating the bids received and discussions with contractors, staff has concluded that there are three major reasons for the bids being higher than the Engineer I s Estimate. First, all four bidders included large contingencies for dewatering the outfall and maintaining the outfall in a dewatered condition for the sixty-day internal construction period. Second, bid costs were higher than estimated for overall project management and coordination with subcontractors, District construction management staff, and District field service crews. Third, the bidders have included contingencies greater than estimated for complying with the District's specifications for safety, access, and ventilation. A description of this project is provided in the Fiscal Year 1987-88 Capital Improvement Budget on page TP-l; however, the project schedule has been expedited and construction funds were not included in budget estimates. As part of the mid-year status report of the Capital Improvement Program presented on February 18, 1988, the Board was advised that the Treatment Plant Program might require a supplemental funding authorization due to acceleration of this project and the Industrial Water Reclamation Demonstration Project. Budgeted allocations for the remainder of the fiscal year are projected to use the remaining authorized funds in the Treatment Plant Program Unallocated Authorizations Account. Therefore, the Board is requested to authorize $1,266,000 from the Sewer Construction Fund to REVIEWED AND RECOMMENDED FOR BOARD ACTION '-. E M ~::NG. ROGER J. DOLAN 1302A-9/85 SUBJECT AUTHORIZE AWARD OF CONSTRUCTION CONTRACT TO MCGUIRE AND HESTER FOR OUTFALL REHABILITATION PHASE II, OP 20056, AND AUTHORIZE $1,266,000 FROM THE SEWER CONSTRUCTION FUND FOR THE TREATMENT PLANT PROGRAM UNALLOCATED AUTHORIZATIONS ACCOUNT POSITION PAPER PAGE? OF 4 DATE April 29, 1988 supplement the Treatment Plant Program budget. No additional requests for funding supplements are anticipated during this fiscal year. A Notice of Exemption was filed March 30, 1988, to comply with CEQA. RECOMMENDATION: Authorize award of a contract Project No. 20056 to McGuire and Hester as the authorize $1,266,000 from the Sewer Construction Program Una110cated Authorizations Account. for construction of District lowest responsible bidder and Fund for the Treatment Plant --------" 13028-9/85 .... ATTACHMENT 1 Centrar-~ontra Costa Sanit. ry District SUMMARY OF BIDS PROJECT NO. 20056 - Outfall Rehabilitation Phase II DATE April 28. 1988 ENGR.EST.~ 676,400 LOCATION Martinez It W BIDDER (Name, telephone & address) BID PRle. 1 McGuire & Hester ( ) 632 -7676 $ 796 66th Ave., Oakland, CA 779.779 2 MGM Constrllction ( ) 685-8812 $ P. O. Box 5757. Concord. CA 94!1?4 932.520 3 Elmer ,J Freethy ( ) 233-0355 $ 1432 Kearney St.. El Cerri to. CA 9453rl 982,090 4 Western Utility Contractors ( ) 838-71 01 $ 1531 St. Alphonsus Way, Alamo, CA 94!107 1.026.780 ( ) $ "'"'- ( ) $ "'"'- ( ) $ .....- ( ) $ - ( ) $ - ( ) $ ( ) $ ( ) $ PREPARED BY DATE SHEET NO. OF 2503-9/84 ATTACHMENT 2 OUTFALL REHABILITATION PROJECT PHASE II (DP 20056) POST BID PRECONSTRUCTION ESTIMATE ITEM DESCRIPTION (1) Construction Contract (2) Chlorination Equipment Purchase (3) Contingency at 10 percent Subtotal (4) Construction Management: * Administration/Inspection * Surveying * Legal * Secretarial * Engineering Subtotal (5) Force Account Field Services * Joint Testing/Safety Compliance (CSO) * Dechlorination Modifications (POD) * Chlorination Modifications Subtotal (6) Consultants/Contractors: * Geotechnical Services (Woodward-Clyde) * Engineering Services (JMM/CDM) * Material Testing Subtotal (7) Miscellaneous * Communication and Safety Equipment * Equipment Rental Subtotal (8) TOTAL PROJECT COST TO COMPLETE PHASE II OF PROJECT FUNDS PREVIOUSLY AUTHORIZED FOR PHASE II OF PROJECT FUNDS EXPENDED/ENCUMBERED TO DATE TOTAL ADDITIONAL FUNDS REQUESTED TO COMPLETE PHASE II OF PROJECT TOTAL $ 779, 779 75,000 85,221 940,000 67,000 26,000 2,000 2,000 21 ,000 118,000 108,000 8,000 10,000 126,000 15,000 45,000 3,000 63,000 8,000 11 , 000 19,000 $1,266,000 1,187,214 1,187,214 $1,266,000 PERCENT OF CONSTRUCTION CONTRACT COSTS 100 12.5 13.4 6.7 2.0 134.6 . Centra ~ontra Costa Sanitar} listrict BOARD OF DIRECTORS PAGE 1 OF 3 POSITION PAPER BOARD MEETING OF May 5, 1988 NO. v. BIDS AND AWARDS 2 AUTHORIZE AWARD OF CONTRACT TO R.G.M. AND ASSOCIATES, INC. FOR CONSTRUCTION OF DISTRICT PROJECT NO. 10039, PHASE I, TREATMENT PLANT REMODEL DATE May 3, 1988 TYPE OF ACTION SUBJECT AUTHORIZE AWARD SUBMITTED BY James L. Belcher Associate Engineer INITlA TING DEPT./DIV. Plant Operations Department ISSUE: On April 27, 1988, sealed bids for District Project No. 10039, Phase I, Treatment Plant Remodel, GC/MS Lab - Women's Locker Room, were received and opened. The Board of Directors must award the contract or reject the bids within 60 days of the opening of bids. BAa<GROUND: Pl ans and specificati ons for the proj ect were compl eted by the architectural fi nn of Harri son-Fox, and the proj ect was adverti sed on March 28 and April 7, 1988. Six bids were received on April 27, 1988. A tabulation of the bids is shown in Attachment I. An evaluation of the bids conducted by Plant Operations Department staff concluded that the lowest responsible bidder is R.G.M. and Associates, Inc. with a bid price of $199,457. The engineer's estimate for construction is $179,000. The budget to complete Phase I of this project is $249,000, as shown on Attachment II. The total project cost for all three phases is anticipated to be $550,000. A description of this project is provided in fiscal year 1987 - 1988 Capital Improvement Budget on page TP-88. Thi s proj ect will expand the 1 aboratory area to accommodate the new GC/MS and w 111 create a women's locker room. The lowest bi d received is 11 percent hi gher than the engi neer' s estimate. Staff has concl uded that the higher bids are due to the limited access to the project areas, working in close proximity to habitated areas, the uncertainty associated with remodeling work, and the bondi ng and regul atory req ui rements of remov i ng small amounts of asbestos- containing material. The project has been determined to be categorically exempt under CEQA guidelines. RECOMMENDATION: Authorize award of the construction contract for Phase I, Treatment Plant Remodel, GC/MS Lab - Women's Locker Room to R.G.M. and Associates, Inc. JLB 'REVIEWED AND RECOMMENDED FOR BOARD ACTION ./ Hk: INITIATING DEPT./DIV. ATTA~MENT I Page 2 of 3 Central ~ontra costa Sanitry District SUMMARY OF BIDS LOCATION Phase I Administrative Remodel DATE April 27. 1988 GC/MS Lab': Women I s Locker Room $ ENGR. EST. 179 .000 PROJECT NO. 10039 I[ ~ BIDDER (Name, telephone & address) BID PRICE 1 RGM & Associates ( 415 ) 671-7717 $ 130-C Sou th Buchanan Circle. Pacheco. CA 94553 199.457 2 Cal Interstate Construction ( 415 ) 689-9767 $ 1450 Enea Circ1 e, Su i te 290 94520 205,141 - Concord. CA 3 Trans-Bay Construction ( 415 ) 547-8155 $ 217,024 5H06 Pel a r1e;:l II 5treet~ EVleryv i 11 e ~ CA Q4608 - 4 Pacific Construction Corps ( 415 ) 465-5500 $ 1727 Ma rt in Luther King Way 94612 222,000 n;:lkl;:lnn rA - 5 Page Construction ( 415 ) 897-1138 $ 227,639 P.o. Box 705, Novato, CA 94948 6 Fordham Park Constructors ( 415 ) 547-7177 $ 57~3 Landregan Street, Emeryv ill e, CA 94608 243,000 ( ) $ ( ) $ ( ) $ ----------- L~_~__ $ ___un ~ .--------- ~--------~-- -~- --- --- -~------- --..---.- ( ) _ ---.--.---..,..-- $ - -- ---..-----------...------ --------- _______.__._u. '. ~ --"."-- -.- _._--~ ~._-------~ - --. -- ---- ------~-_._._- .---- ----- ----------- -.-.--- ----. ._-------- - - - --.--..-. ( ) .--.----------- $ - ..-------- ____ "0 --- -- ---.- ---- - - - ----- PREPARED BY __ _Jalll~S _~::I Cl~_~_~ __ DA TE _04j22L~~ u__ SHEET NO_ ____ OF __ ATTAOitENT II Construction Contract as bid Estimated Construction Contingencies* Total Construction Cost Estimated Construction Incidentals for Project Completion District Forces Admi ni strati on Inspection Contract Architectural Services Total Estimated Construction for Incidentals Total Estimate Required to Complete Phase I of the Proj ect Total Estimated Cost of Phase I Construction Funds Previously Authorized for Design, Phase I, II, III Funds Spent to Date Total Additional Funds Required to Complete Phase I of the Proj ect Percent of Construction Contract $199,457 24,543 $224,000 100 $ 7,000 12,000 $ 6,000 $ 25,000 11.1 $ 249,000 $ 249,000 $ 67,000 $ 35,000 $ 249,000 *Contingency will be used for change orders, force accounts, or engineering assistance if necessary. . Central ""ontra Costa Sanitary L.. ~strict BOARD OF DIRECTORS PAGE 1 OF 5 POSITION PAPER BOARD MEETING OF Ma 5 1988 NO. VI. CONSENT CALENDAR 1 SUBJECT ORDER COMPLETION OF DISTRICT ANNEXATION 98-A DATE A ril 25 1 TYPE OF ACTION COMPLETE ANNEXATION OF DA 98-A SUBMITTED BY Dennis Hall Associate En ineer INITIATING DEPT./DIV. Engineering Department/ Construction Division lliY.S: A resolution by the District's Board of Directors must be adopted to finalize District Annexation 98-A. BACKGROUND: The District previously made application to the Local Agency Formation Commission CLAFCO) for the annexation of ten parcels of land designated as District Annexation 98. LAFCO has considered this request and has recommended no changes to Parcels 2, 5, 6 and 10 as shown on the attachments. These parcels can be processed as they were originally submitted to LAFCO. LAFCO has designated thes~ parcels to be District Annexation No. 98-A. No public hearing is required and this annexation can be completed. LAFCO has adopted a Negative Declaration for District Annexation No. 98-A. District staff has reviewed this Negative Declaration and concurs with its findings. RECOMMENDATION: Adopt a resolution concurring with and adopting the Negative Declaration of LAFCO and ordering the completion of District Annexation No. 98-A. REVIEWED AND RECOMMENDED FOR BOARD ACTION JSM 1302A-9/85 ~ DH INITIATING DEPT.lDIV. SUB 18 ~ 111-070-" IU-o'PO.04 "NUL" "'1"411 624 5 590 S IU-O'O-OI 6-~ .... .III-OH-OZ m IZ35 6 '"4. /27 ~I I 61 0 --I I- en 589 III 1''' 6,581 I CD __ I r- 1546 47A4 a 15458536 ~4 .. II!'" J. '., II 1.111111111.1"'" 11"1111'1 I Lll , W I I I I PM 4/ ;; IS On.. 1$1-140-01 1$1-010-05 o z i. ~ I!i I~OlO...oZ. I" 6 I 111"'070-01'1 t ,..'THH I NnnL I 501 I AO I I I '06 ~I LN "99 I ----"1 t::. A B 11I-_ ------ :-:l 47 I a 48 .J9/1 I I DISTRICT ANNEXATION 98-A Parcel 2 POINT OF BEG\N~\NG . .- TRACT 2937 ~.'-; ~ ~ ~ DA.98-A DISTRICT ANNEXATION NO. 98 I -A PARCEL NO. 5 CONCORD AREA I QJ. ~ D DISTRICT ANNEXATION NO. 98A PARCEL 6 ORINDA AREA ~5~ /~ .. 0 t;JJ ~~ Q''i' ~~. ~ AT DIABLO ESTATE PARK ~ ~ N'200~S'41.W 9.00' .- DIABLO ROAD @ 1981 SUBD 4937 220 M 47 @ \<380 DISTRICT ANNEXATION NO. 98 PARCEL NO. 10 DANVIllE AREA .a .4. Cf8., 4 . Centra. ':ontra Costa Sanitar) listrict BOARD OF DIRECTORS PAGE 1 OF 2 POSITION PAPER BOARD MEETING OF May 5, 1988 NO. VI. CONSENT CALENDAR 2 SUBJECT DATE April 25, 1988 AUTHORIZATION FOR P.A. 88-11 (DANVILLE) TO BE INCLUDED IN A FUTURE FORMAL ANNEXATION TO THE DISTRICT TYPE OF ACTION ACCEPT ANNEXATION FOR PROCESSING INITIATING DEPTJDIV. Engineering Department/ Construction Division SUBMITTED BY Dennis Hall Parcel No. Area Owner Address Parcel No. & Acreage Remarks Lead Agency PA88-11 Da nv ill e (78-C6 ) Gordon Holden 251 Marks Road Danville, CA 196-070-012 (1.6 Ac.) New construction - one single family residence. District to prepare "Notice of Exemption." CCCSD RECOMMENDATION: Authorize P.A. 88-11 to be included in a future formal annexation. REVIEWED AND RECOMMENDED FOR BOARD ACTION DH '~~ \e'r JSM 13021' .9'65 RAB INITIATING DEPTJDIV. ~J( .::i..::..ill.:~!i;I~t~~l HlJMPHP!:V 1i'0. 7~ AC III BISCHOFF 1290 AC 74 13 ~ 90C tGHT'" :~ 72 2350AC '8C'l.i', 32 20 .:..:: P. A. 88-11 . Central ~ontra Costa Sanitary L,~strict BOARD OF DIRECTORS PAGE OF 4 POSITION PAPER BOARD MEETING OF May 5, 1988 NO. VI. CONSENT CALENDAR 3 SUBJECT SCHEDULE JUNE 2, 1988, FOR A HEARING REGARDING AMENDING AN EMINENT DOMAIN ACTION TO ACQUIRE PROPERTY RIGHTS FOR THE SAN RAMON VALLEY INTERCEPTOR, PROJECT 4224 DATE May 2, 1988 TYPE OF ACTION SET HEARING SUBMITTED ~Y Curt1s W. Swanson Principal Engineer INITIATING DEPT./DIV. Engineering Department Engineering Division ISSUE: A hearing must be conducted prior to amending an eminent domain action to acquire property rights for a public sewer. BACKGROUND: The District began construction of approximately 7.5 miles of the San Ramon Valley Interceptor in June 1987. The interceptor is located in easements wi thin the former Southern Pacific Railroad right-of-way. Permanent sewer and temporary construction easements were acquired from Contra Costa County under an agreement executed in December 1985. The County provided permanent and temporary construction easements for the entire project except for a 2,357-foot long section between Danville Boulevard at Rudgear Road and Woodland Drive (Parcel 32). This parcel was not owned by Southern Pacific at the time the agreement with Contra Costa County was signed. Ownership reverted to the heirs of the original owners (approximately 80) upon abandonment of rail operations by Southern Pacific. The County was unable to reach a purchase agreement with the property owners and advised the District to condemn the sewer easement to meet the project construction schedule. Al though the County is interested in acquiring the property, it was unable to initiate condemnation due to the lack of a CEQA approved project for the right-of-way. On May 28, 1987, the Board adopted a resolution of necessity and authorized the filing of a condemnation lawsuit to acquire a permanent 20-foot wide sewer easement and a one-year temporary construction easement across the entire 100-foot wide property. Since the filing of the condemnation lawsuit, the property owners have approached the District about purchasing the entire property instead of a 20-foot wide easement. After lengthy discussions with the attorneys for the property owners and County staff, District staff believes that purchase of the entire property is cost-effective and in the best interests of all parties, provided that a separate agreement can be reached between the County and the District for the subsequent transfer of the property to the County. The County wants to acquire the property to complete the transportation corridor through Central County. County staff has agreed in concept to purchasing the property from the District. To acquire the entire Parcel 32, the condemnation lawsuit must be amended from acquiring easement rights to acquiring fee title to the property. Prior to amending the condemnation lawsuit, the District must conduct a hearing to receive REVIEWED AND RECOMMENDED FOR BOARD ACTION 1302A-9/85 CWS DRW RAB JLH f7&-~) IIJfl SUBJECT SCHEDULE JUNE 2, 1988, FOR A HEARING REGARDING AMENDING AN EMINENT DOMAIN ACTION TO ACQUIRE PROPERTY RIGHTS FOR THE SAN RAMON VALLEY INTERCEPTOR, PROJECT 4224 POSITION PAPER PAGE 2 OF 4 DATE May 2, 1988 input from the property owners and other affected interests. Property owners and other interests must be notified at least 15 days in advance of the hearing. After the hearing, the Board of Directors may consider adopting a revised Resolution of Necessity authorizing the acquisition of the entire property by eminent domain. If the Board decides to proceed with acquisition of the entire property instead of an easement, staff will negotiate a formal agreement for the subsequent sale of the property to Contra Costa County. RECOMMENDATION: Schedule June 2, 1988, for a hearing regarding amending the eminent domain action from acquiring easement rights to acquiring fee title to Parcel 32 for the San Ramon Valley Interceptor, Project 4224. Direct staff to notify property owners and other interests of the hearing. --------. 13028-9/85 NOTICE OF HEARING The Board of Directors of the Central Contra Costa Sanitary District hereby gives notice of its intent to adopt a resolution of necessity to acquire by eminent domain, for sewer line purposes, the property described in Exhibit A which attached hereto and incorporated by reference. This proposed action will be heard on June 2, 1988, at 3 p.m. at a Regular Meeting of the Board of Directors. You have a right to appear and be heard on the matters referred to in Code of Civil Procedure Section 1240.030. Section 1240.030 provides: The power of eminent domain may be exercised to acquire property for a proposed project only if all of the following are established: (a) The public interest and necessity require the project. (b) The project is planned or located in the manner that will be most compatible with the greatest public good and provide the least injury. (c) The property sought to be acquired is necessary for the project. Your failure to file a written request to be heard with the Secretary of the Central Contra Costa Sanitary District: 5019 Imhoff Place, Martinez, California 94553, within fifteen (15) days after the date of mailing of this notice (May 9, 1988) will result in a waiver of your right to appear and be heard. Dated: May 5, 1988 Joyce E. McMillan Secretary of the District EXHIBIT "A" PROPERTY DESCRIPTIONS PARCEL 32 PROPERTY DESCRIPTION That real property situated in the County of Contra Costa, State of California, described as follows: The real property described in the deed from Laura M. Harlan and Mary H. Llewellyn to Southern Pacific Railroad Company, a California corporation, recorded June 10, 1891, in Book 60 of Deeds, page 139, described as follows: A strip or tract of land 100 feet wide lying equally on each side of the located line of the San Ramon Branch of the Southern Pacific Company's railroad where the same is located in said County of Contra Costa and commencing at a point on the center line of the said railroad where said center line intersects the easterly boundary line of land of the said party of the first part at or near Survey Station 603+90 of said center line, being the westerly line of county road leading to Walnut Creek and running thence southerly along said center line of said Southern Pacific Railroad following the curvature thereof, embracing a strip of land 50 feet wide on each side of said center line to the southerly boundary line of land of said party of the first part at or near Survey Station 626+97 of said center line, a distance of 2,357 feet, more or less. EXCEPTING THEREFROM: The interest conveyed to the State of California, by instrument recorded April 23, 1953, Book 2110, Official Records, page 170. .---'.-.--., ---_.------_._._~----~--'---_._,--_._,---------~---~---".,-_._--- -"'~"'--~"--'---'"~-'-'-'"-'-"-"--'-'-'._'----'-----..-----.------ . Central ~ontra Costa Sanitary ~ ~strict BOARD OF DIRECTORS PAGE 1 OF 1 POSITION PAPER BOARD MEETING OF May 5, 1988 NO. VI. CONSENT CALENDAR 4 SUBJECT DATE SET PUBLIC HEARINGS ON JUNE 2, 1988 TO CONSIDER: April 25, 1988 ESTPeLISHMENT OF THE 1988-1989 SEWER SERVICE OiARGE RATES, TYPE OF ACTION AND THE COLLECTION OF SUCH OiARGES ON THE COUNTY TAX ROLLS; AND THE 1988-1989 CAPITAL IMPROVEMENT BUDGET AND TEN-YEAR SET PUBLIC HEARING CAPITAL IMPROVEMENT PLAN DATE SUBMITTED BY INITIATING DEPT.lDIV. Walter N. Funasaki, Finance Officer Administrative/Finance and Accounting ISSUE: The Di strict Code and State 1 aw requi re hol di ng publ ic heari ngs for the establ ishment of the 1988-1989 Sewer Service Charge rates, and for placing such charges on the County tax rolls for collection. BACKGROUND: The 1988-1989 Operations and Maintenance (O&M) Budget will be submitted for initial review by the Board of Directors at the special Board Meeting on May 26, 1988. Approval of the 1988-1989 O&M Budget is scheduled for the June 2, 1988 Board Meeting. It is customary to hold publ ic hearings to receive publ ic comment on establ ishing the Sewer Service Charge rates, and collecting such charges on the County tax rolls, during the Board Meeting at which the O&M Budget is presented for approval. The 1988-1989 Capital Improvement Budget and 1988 Ten-Year Capital Improvement Plan have been reviewed with the Board Capital Projects Committee, and were submitted to the full Board on April 21, 1988. These documents will be reviewed at a workshop at the May 5, 1988 Board Meeting, and are scheduled for approval at the June 2, 1988 Board Meeting. Because of the major and far reaching financial effects of the Capital Improvement Budget and Capital Improvement Plan, it would be appropriate to obtain public comment at a public hearing on June 2, 1988. Because the interval between the May 26, 1988 Board Meeting and the June 2, 1988 public hearing date is insufficient for proper notice, it is necessary to set the public hearing at the May 5, 1988 Board Meeting. RECOMMENDATION: Set public hearings on June 2, 1988 to receive public comment on: o the establishment of the 1988-1989 Sewer Service Charge rates, and the collection of such charges on the County tax rolls; and o the 1988-1989 Capital Improvement Budget and Capital Improvement Plan REVIEWED AND RECOMMENDED FOR BOARD ACTION ~ 7a~--L/ INITIATING DEPT.lDIV. 1302A-9/85 WNF PM . Central ",ontra Costa Sanitary ~~strict BOARD OF DIRECTORS PAGE OF 1 POSITION PAPER BOARD MEETING OF May 5, 1988 NO. VI1. ENGINEERING 1 SUBJECT AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH EAST BAY MUNICIPAL UTILITY DISTRICT (EBMUD) FOR RELOCATION OF WATER LINES FOR THE I680/SR24 SEWER RELOCATIONS PROJECT, DP 4428 DATE April 29, 1988 TYPE OF ACTION AUTHORIZE AGREEMENT SUBMITTED BY Tad J. Pilecki ineer Department Division ISSUE: Board authorization is required for the General Manager-Chief Engineer to execute an agreement with EBMUD for a water line relocation. BACKGROUND: On December 3, 1987, the Board authorized staff to proceed with the design and easement acquisition associated with sewer relocations in South Main to accommodate the first unit of the I680/SR24 Interchange Expansion. Detailed information on the project is contained in the December 3 Position Paper. To accommodate the sewer relocation, approximately 1,050 feet of 10-inch and l2-inch EBMUD water distribution main will have to be relocated at a cost of $146,600, which includes both design and construction. The water line relocation work needs to proceed as soon as possible to facilitate the completion of sewer relocation work by November 1988. EBMUD has requested that the work required to relocate their pipeline be administered under a Miscellaneous Agreement issued by their New Business Office. The design and relocation will be performed by EBMUD staff. The current estimate for the total project cost of the I680/SR24 Sewer Relocations is $1,777,000, including the water line relocation. All costs incurred by the District will be reimbursed by Caltrans. Funding for this project was included in the allocation/expenditure projections of the CIB Mid-Year Status Report. RECOMMENDATION: Authorize the General Manager-Chief Engineer to execute an agreement with East Bay Municipal Utility District for the relocation of water lines for the I680/SR24 Sewer Relocations Project, DP 4428. REVIEWED AND RECOMMENDED FOR BOARD ACTION 1302A.9/85 {)(J{{) IffJ (LA CWS DRW RAB JH "'----__H___.~_.____..__<___._'"_~~"_..__.____H_..,___'__"'_"~"H___.~_,~.___.,____________ . Central vontra Costa Sanitary L.r.strict BOARD OF DIRECTORS PAGE 1 OF 2 POSITION PAPER BOARD MEETING OF May 5, 1988 NO. IX. BUDGET AND FINANCE 1 SUBJECT REV IEW THE FINANCIAL STATUS OF THE SELF-INSURANCE FUND AND APPROVE THE INQUSION OF $500,000 FOR THE FUND IN THE 1988-1989 0 & M BUDGET DATE April 29, 1988 TYPE OF ACTION REV IEW FUND AND APPROV E A BUDG ET INQ US ION SUB~l:lc~D eampbe 11 Administrative Operations Manager INITIATING DEPT./DIV. Administrative/Risk Management ISSUE: The Self-Insurance Fund is to be reviewed each year by the Board with the staff presenting re-funding recommendations for the up-coming fiscal year. BACKGROUND: Last year the staff presented, and the Board of Directors approved, a five-year pl an for the Sel f-Insurance Fund (SIF) which was designed to achieve a $6,000,000 self-insurance fund reserve by June 30, 1991. The Board also adopted the concept of using the 0 & M fund and SIF interest accrual for re-funding rather than ad valorem tax revenue and 0 & M reserves which had been used for the first year's funding. This strategy was based on the assumption that the District's loss experience would continue to be favorable, which is indeed the situation at the present time. Through March of 1988 the cl aim and expense reserves for all the SIF open cases totaled approximately $200,000; and there were no major liability lawsuits pending against the District's self-insurance program. The major change in District risk financing since the program's inception has been to obtain a catastrophic property insurance pol icy covering the District's facil ities at an annual premium cost of $68,000. This additional expense has been offset by the lower level of litigation activity involving the District. The overall SIF expenditures are anticipated to be lower for fiscal 1988-89; this assumes that the District will not incur any major losses during the year. Therefore, the recommendation is to provide another $500,000 re-funding payment to the SIF from the 0 & M Fund for 1988-89 which will continue the progress toward the 1991 $6,000,000 reserve goal. Exh ibi t "A" prov ides the new five-year SIF proj ecti on using the assumption of stable interest rates and a continuation of $500,000 annual re-funding. This is estimated to provide a reserve level of $4,663,000 by the end of fiscal year 1988-89. RECOMMENDATION: Review the up-dated five-year financial projection for the Self-Insurance Fund and approve the inclusion of $500,000 for the fund in the 1988-1989 0 & M Budget. INITIATING DEPT./DIV. fc REVIEWED AND RECOMMENDED FOR BOARD ACT/ON GLG. ROGER J. DOLAN 1302A-9/B JEC PM Page 2 of 2 Exhibit A CENlRAL. CONTRA COSTA SANITARY DISlRICT SELF-INSURANCE FUND FINANCIAL PROJECTION Five Years Endi ng June 30, 1991 Actua 1 proj ected Budgeted Estimated Estimated 1986-1987 1987-1988 1988-1989 1989-1990 1990-1991 Revenues Self-Insurance Allocation from O&M Fund $ 567,124 500,000 500,000 500,000 500,000 Ad Valorem Tax Revenue 1,000,000 0 0 0 0 Interest Income 196, 109 297,000 288,000 326,000 366,000 Tota 1 Revenues $1,763,233 797,000 788,000 826,000 866,000 Expenses Cl aims Adj usti ng 9,922 8,500 9,000 9,000 9,000 Insurance Consulting 1,000 500 2,000 2,000 2,000 Loss Payments 32,280 13 9 ,000 80,000 85,000 90,000 Lega 1 Serv ices 116,296 55,000 60,000 65,000 70,000 Insurance Premiums 5,812 54,000 78,000 80,000 82,000 Technical Services 9,273 10,000 15,000 18,000 20,000 Total Expenses $ 174,583 267,000 244,000 259,000 273,000 Revenue Over Expenses $1,588,650 530,000 544,000 567,000 593 ,000 Reserves Revenue Over Expenses $1,588,650 530,000 544,000 567,000 593 ,000 Rese rv es 2,000,000 3,588,650 4,118,650 4,662,650 5,229,650 $3,588,650 4,118,650 Total Reserves 4,662,650 5,229,650 5,822,650 SSS/Safety/Self Ins Fnd 30 . Central ~ontra Costa Sanitary ... ~strict BOARD OF DIRECTORS PAGE 1 OF POSITION PAPER BOARD MEETING OF May 5, 1988 NO. IX. BUDGET AND FI NANCE 2 SUBJECT DATE May 3, 1988 TYPE OF ACTION RECEIVE THE 1988-1989 EQUIPMENT BUDGET FOR REVIEW RECEIVE EQUIPMENT BUDGET SUBMITTED BY INITIATING DEPT.lDIV. Walter N. Funasaki, Finance Officer Administrative/Finance and Accounting ISSUE: The 1988-1989 Equipment Budget is submitted for review. BACKGROUND: The 1988-1989 Equipment Budget is transmitted herewith. A list of all equipment items requested by department, categorized by functional classification, and a descriptive sheet which describes and justifies each item are provided. The Equipment Budget is summarized by department for the 1988-1989 and four prior fiscal years. . On April 25, 1988, the Board Capital Projects Committee met with District staff to rev iew the 1988-1989 Equi pment Budget requests. As a resul t of the Committee's review, certai n equi pment items were del eted. These del eti ons were sllJlmarized in a report which accompanied the Equipment Budget delivered on April 29. Further deletions have been identified since that date, and are summarized in the documents attached to this Position Paper. The 1988-1989 Equipment Budget is submitted for initial review by the full Board at this time, and is scheduled for approval at the next Board Meeting on May 19, 1988. RECOMMENDATION: Receive the 1988-1989 Equipment Budget for review, and provide District staff with comments and guidance. REVIEWED AND RECOMMENDED FOR BOARD ACTION ';z: . OGER J. DOLAN efr ;.a~~) INITIATING DEPT.lDIV. 1302A-9/85 Central Contra Costa Sanitary District HONORJlBLE MEt-BERS OF THE BOARD OF DIRECTORS ROGER J. DOL_Jlt!.~ PAUL t.<<>RSEN ~ WAL TER N. FUNASAKI ~ (~C ____7,(....r~-...-c:. / 1988-1989 EQUIPMENT BUDGET May 2, 1988 TO: VIA: FROM: SLBJ ECT : The 1988-1989 Equipment Budget was transmitted to you on April 29, 1988 following review by the Board Capital Projects Committee on April 25, 1988. A sl.lTlmary of changes resulting fran the canmittee's review was provided with the Equipment Budget. Further changes have been identified which are shown in bold-type in the following sl.lTlmary: Dept. Item Description Cost Admin. 14" Mitre Box $ 764 Admin. Word Processing 3,114 Printer Engr. Paper Copier 3,600 Engr. High Speed 2,200 Printer CSO Copy Machine 10,000 CSO Tire Changer 4,200 Machine CSO 3/4" Impact 550 Wrench & Socket AdII. 1 Credenza Committee Adv iselInQui ry Too specialized and limited use Transfer Personnel Section printer Transfer CSO copier Operate with current printer Investigate leasing Too specialized and limited use Too specialized and limited use Disposition Delete De 1 ete-Pe rs. Section printer to be used Delete-CSO copier to be used Delete Del ete-to be 1 eased Delete Delete 798 Re.ove f~ standard Delete furniture co.plement Engr. 3 Credenza 2.298 Re.ove f~ standard Delete furniture c~le.ent Total Deletions $27,524 Honorable Members of the Board Page 2 May 2, 1988 Engr. Microfiche Duplicator 1 5,900 Can microfiche dupli- * See Below cates be purchased from the County or a private company and avoid purchase of the duplicator machine. * County Public Works has a different microfilm system (aperture cards). County Recorder does not have a duplicator and cannot make duplicates for the Oi strict. County Recorder will not allow a private company to dupl icate thei r microfiche. Purchase of microfiche dupl icator shoul d remain in the 1988-1989 Equipment Budget. As a result of the deletion of the credenzas, total deletions increased to $27,524 from $24,428. Attached are the affected summary pages and justification sheets which were changed to reflect the deletion of the four credenzas. The 1988-1989 Equipment Budget is being submitted for review on May 5, 1988, and is scheduled for approval on May 19, 1988. WNF:dp cc: R. Baker C. Batts J. Larson Central Contra Costa Sanitary District May 3, 1988 TO: lHE HONORPBLE MEt-BERS OF THE BOARD OF DIRECTORS FROM: ROGER J. OOLAN~ SUBJECT: 1988-1989 EQUIPMENT BUDGET The 1988-89 Equipment Budget is being transmitted for review by the Board of Directors. Detai1ed supporting data is provided for each equipment request. Summarized below is a comparison of the 1988-89 Equipment Budget with the approved budgets of the four prior years: 1988-89 1987-88 1986-87 1985-86 1984-85 Administrative S 27.086 11,203 22,337 11 , 153 19,883 Engineering 79.919 79,657 119,384 25,650 12,988 Plant Operations 35,215 58,821 102,297 43 ,751 64,038 Collection System Operations: Equipment 237,350 225,830 385,165 24,470 77,238 Vehicles 148,700 146,000 65,400 43 ,400 23 ,400 386,050 371,830 450,565 67,870 100,638 Subtotal 528.270 521,511 694,583 148,424 197,547 Conti ngency 20,000 20,000 20,000 13,839 19,755 District Total s S 548,270 541,511 714,583 162,263 217,302 In the Engineering and Administrative Departments, certain items of furniture are associated with new positions. These positions have not yet been approved by the Board. After Board action on the Personnel Budget, any appropriate adjustment can be made prior to Board consideration of the final Equipment Budget. We will be prepared to di scuss our equipment requests at the May 5 I 1988 Board Meeting. SSSI 1988-1989Budget/M-Equi p/BOD CENTRAL CONTRA COSTA SANITARY DISTRICT 1988-1989 EQUIPMENT BUDGET Department/Division Administrative: Central Services & Management Finance & Accounting Personne 1 Secretarial Support Purchasi ng Risk Management & Safe~ EQUipment ReQuest Totals 1988-1989 1987-1988 S 17 ,630 870 8.586 6,641 1,200 3,362 21.086 11 ,203 Engineering: Construction 29,142 7,570 Planning 21.5n 46,749 Engineering 29.200 25,338 79.919 79,657 Plant Operations: Administration 4,100 Operations 26,545 18,300 Maintenance 8,670 36,421 Pumping Stations 35,215 58,821 Collection System Operations: Operations Support Field Operations Preventive Maintenance Repair & Reconstruction Inspection & Services Office Support Vehicles & Equip. Maint. Building & Grounds Vehicles Equipment Request Total Contingency Equipment Budget Total 55511988-89 Budget/Equip/D/Div 34,000 1,200 4,060 152,200 79,700 36, 1 00 96,230 32,570 3,000 3,220 9,100 10,050 1,750 237,350 225,830 148,700 146,000 386,050 371,830 528.270 521,511 20,000 20,000 S 548.210 541,511 li' - >'"0 .... ,.... ~Q) u.... ~~ ti '"0 0 1-4 L. t= Q. U) -1-1- li' QUJZ >-8~ - > Q) !~~ -u ~.... u't- -I-Q. ~'t- ~zUJ -00 U)~c 0 L. Q.UJ Q. <1-4> 1-::;)1-4 U)dl- 8UJ< +J C O\t= Q) <CO(/) I t=0\1-4 .....z U ZII-4 IU 8~~ ,.... 0\< Q) ~..... a: t= Z ~ ,.... IU ~ ~ - '- -, c:.. 0 C'l"l C'l"l \0 \0 .. .. ,.... ,.... ..... ..... 0 0 C'l"l C'l"l 10 10 .. ... ,.... ,.... ..... ..... ~NOOO,-,,;) ""'C'l"lLl'lCONOC'l"l NIO,....OO\\oC'l"l .... .. N..... N o ,.... CO ~ ~ LI'I 0 .. .. CO ,.... N I/) Q) ,.... u .... ~ Q) > ---------- 0 NO~OOO N N ,.... C'l"lLl'l NOC'l"l ..... ..... CO IO,....OO\\OC'l"l C'l"l CO .. ... .. .. ..... N \0 ~ N ---------- 0I;t ~ ~ ,.... ,.... ,.... N N N .. .. ... 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CO IU co ~ 0\ d__________________________ ..... ~ V) V) CENTRAl.. mNlRA mSTA SANITARY DISTRICT EQUIPMENT BlIlGET REQUEST FORM Fiscal Year 1988-1989 Depart.entlDivision/Cost Center Administrative/Personnel - 1200 Per Unit Cost Quantity Description Category (1) Total Cost 1 Desk, Boling Tempest II 1 Chai r, desk, Charvos G2312 PO PO S 920 600 1 Work station PO 330 <1> Indicate, by inserting the appropriate alphabet(s), the reason for acquiring the equipment: R <Replacement>, PO <PrOductivity-Office>, PF <PrOductivity-Field>, S <Safety>, or V <Vehicle>. Anticipated Acquisition Date: July 1988 Justification: (Explain the necessity for acquiring the equipment in the fiscal year, and any expense reductions which may be derived.) Due to a space problem in the Personnel area, one Personnel Analyst will be moved into the same office as the Public Information Coordinator. The vacated space will be occupied by the new Personnel Assistant. The requested furniture is the District's standard styles and is needed by the new District hire to perform his/her work duties. Submitted By: Date:~ General Da te: ,rr3. ~'; Recommend Approval: SSS/Budget/Eqpt Bud Req ,.... IG +' ~ o C'fJ ...J CO CO 0 OCOO'tO~Ln NNLnCON~ .. .. CO..... ..... I/) CD ,.... o .... .&; CD --------- l;- .... >"t:J 0 0 .... ,.... 0 0 +'CD N N 0.... .. .. ~I.l... CO CO b "t:J 0 1-4 L.. t= a. (/) --------- 1-41- ~ OLLl >-8~ .... > CD ~=>~ ....0 mcococoo l"'- +'.... O'to~Ln I"'- I-a:l o't- NLnCO ~ ('t') 1-41-~ ~.... .. .. ~ffia. "t:JO ..... ('t') 0 ..... ..... (/)f~ L.. a. <1-4 -------- I-=>~ (/)d +' 8LL1~ C O'tLLl CD <COLLI ~ t=O'tZ ..... 1-4 0 Zl~ IG 8~LLI ,.... O't CD .e..... 0:: f!: -------- Z ~ ,.... .3 0 +oJ .0 ~ (/) I/) L.. L.. C CD CD .... 0 ,....L.. IG .... CL~ .s: +' fa~ ('.) (/)C ,.... L..L.. L.. IG CD CD CD ~ ....>> C.!:J +oJ1.l... L..IGB Z .... IG(/) ...... I/) CD +' Z o 0 CD +oJ "0 ~ CL.... .J&. L.. C c B....I/)o....~ ...J ....CDCD'-O a. OO(/)a.(/) ---------- I/) +' +' .... CD +' (/) C N('t').....N.......-l IG ~ d__________ l"'- I"'- Ln .. ..... N ".._'__~..._"u_..~_..._._..__.____""________.__~____.________._'___H_~._h._._",.__,,__,._...._..._,__"^__.__".._.__"_.___________.____~__._ ~NTRAL CONTRA OOSTA SANITARY DISTRICT EQUIPMENT BUDGET REQUEST FORM Fiscal Year 1988-89 Department/Division/Cost Center EnQineerinQ/P1anninQ/2348 Quantity Description CateQorv ( 1) Per Unit Cost Total Cost 1 Desk Chair 2 Secretarial Chairs PO PO 598 404 598 808 (1) Indicate, by inserting the appropriate a1phabet(s), the neason for acquiring the equipment: R (Replacement), PO (Productivity-Office), PF (Productivity-Field), S (Safety), or V (Vehicle) Anticipated Acquisition Date: Ju1v 1, 1988 Justification: Explain the necessity for acquiring the equipment in the fiscal year and any expense neducti ons which may be derived. The items herein are nequested to replace existing, out-of-date, worn-out furniture or to supp1 ement exi sti ng furniture sets. The two secretari al chai rs are needed for use at new computer stati ons. A descri pti on of :::i~: ~:, contaii on the ,11i2~pages. Date, J)~' ~S ent Manager Recommend Approval: Date: S-3-2~ ---'---.---.--.-----~----.~-.----.--...,.------..____._--_'~_'______'__~'_'~_"'.._,.,__.___.__,_,._______._..k DESK atAIR. SWIVEl. TILT. DlARVOZ 1(;23-12 COST: $598 llfO SEaETARIAL. OtAIRS. HARTER STOll, N-l, POSTURE. SWIVEL. BlAO< BASE, NO. 5 FABRIC, RJSSElT 15-554 These chairs w1ll be used at the Source Control and Development Review computer stations. .~ t3 ...... f= CI) ......1- QUJ >-8~ ~;:).., I-CD~ ......I-ex: zz< <LlJa.. CI):i:UJ a..C <...... 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C ~ 0)..... 10 ~ 0 VO....IOCLVIOCDII) OE~C....CD""EVL LL;........'g....~O....CD VCDIOEC....L~....a.. ......&;.LIO....CDCD;:,.... :i:I-C...JCD..J><O o o 0\ .. ~ o o 0\ .. ~ o N 0\ ..... 0\ .. 0\ ,.... N o o N .. CO ,.... 1.0 N ,.... ,.... o .. o ~ o N ~ 1.0 .. -t ~ r- 10 .... o ~ ..Q ;:, CI) ~ C CD .P L 10 C UJ r- 10 ~ o I- ---------------- II) ~ CD en -t-tN-t-t..........c....cN ..... .... C 10 ;:, d________________ L~NTRAL CONTRA COSTA SANITARY DISTRICT EQUIPMENT BUDGET REQUEST FORM Fiscal Year 1988-1989 Department/Division/Cost Center Engineering/Engineering Quantity Description Category(l) Per Unit Cost Total Cost 2 Sets Office Furniture for proposed personnel PO $2,450 $4,900 (I) Indicate, by inserting the appropriate alphabet(s), the reason for acquiring the equipment: R <Replacement>, PO <Productivity-Office>, PF <Productivity-Field>, S <Safety>, or V <Vehicle>. Anticipated Acquisition Date: July 1988 Justification: Explain the necessity for acqUlrlng the equipment in the fiscal year, and any expense reductions which may be derived. The Engineering Division's Personnel Budget for FY 1988-89 included a request for two new Engineer-in-Training positions. The floor space required for the new position is available; however, new furniture is required. A breakdown of furniture cost is shown on Attachment I. /'; /~/ L .. (l I..' ~ '/ /:. v - Date: ~s~ \-~ Submitted By: , /'e Recommend Approval: Date: ~-3 -~ Engineer SSS/Budget/Eqpt Bud Req ATTACHMENT I ENGINEERING DIVISION FURNITURE FOR PROPOSED PERSONNEL Position Furniture No. Unit Cost Cost Engineers-in- Desk 2 $ 1 , 000 $2,000 Training (2) Desk Chair 2 650 1,300 Guest Chair 2 250 500 File Cabinet 2 300 600 Bookcase 2 250 500 TOTAL $2,450 $4,900 . Centra.. ~ontra Costa Sanitar) ..listrict BOARD OF DIRECTORS PAGE 1 OF 8 POSITION PAPER BOARD MEETING OF May 5, 1988 NO. IX. BUDGET AND FINANCE 3 SUBJECT CONDUCT A BOARD WORKSHOP (}4 THE DRAFT 1988 TEN-YEAR CAPITAL IMPROVEMENT PLAN AND THE DRAFT FISCAL YEAR 1988-89 CAPITAL IMPROVEMENT BUDGET DATE May 2, 1988 TYPE OF ACTION CONOOCT WORKSHOP ON CIP AND CIB SI.,!BMITTED.llY C James K. oe Associate Engineer INLTIATJNG DEP.i:r.lDI~D tm t/ tnglneer ng epar en Planning Division ISSUE: A workshop has been scheduled in order to facilitate the Board's review of the draft 1988 Ten-Year Capital Improvement Pl an and the draft Fi scal Year 1988-89 Capital Improvement Budget. BACKGROUND: The draft 1988 Ten-Year Capital Improvement Pl an and the draft Fiscal Year 1988-89 Capital Improvement Budget were distributed to the Board on April 21, 1988. A Board workshop has been scheduled for the May 5, 1988, Board meeting to provide an opportunity for staff to present specific information and to facilitate review of the documents in greater detail. A proposed agenda for the workshop is presented in Attachment 1. Attachments 2 through 7 are included as supplements to the agenda. Board adoption of the Fiscal Year 1988-89 Capital Improvement Budget will authorize sewer construction funds to pursue projects within the Treatment Plant, Collection System, and General Improvements Program Budgets. The program budgets for Fiscal Year 1988-89 are presented below: CAPITAL IMPROVEMENT BUDGET SUMMARY ProQram Estimated Carry Over Additi onal Authorizati on Rea uested T ota 1 Authorizati on Treatment Plant Collection System General Improvements Total FY 1988-89 Budget 10,872,000 5,307,000 592,000 $16,771,000 5,490,000 13 ,377,000 989,000 $19,856,000 16,362,000 18,684 ,000 1,581,000 $36,627,000 RECOMMENDATION: Conduct a Board workshop on the draft 1988 Ten-Year Capital Improvement Plan and the draft Fiscal Year 1988-89 Capital Improvement Budget. REVIEWED AND RECOMMENDED FOR BOARD ACTION INITIATING DEPT.lDIV. =ge 2 of 8 ATTACH~NT I BOARD WORKSHOP ON lHE TEN-YEAR CAPITAL IMPROVEMENT PLAN AND FISCAL YEAR 1988-89 CAPITAL IMPROVEMENT BUDGET PROPOSED ~ENDA MAY 5, 1988 I. TEN-YEAR CAPITAL IMPROVEMENT PLAN A. Staff Report o Purpose o Goals and Objectives (see Attachments 2, 3, 4) o Cash Flow (see Attachments 5, 6) o Implications of Approval B. Board Comments/Questions/Discussion C. Conclusions/Recommendations II. FISCAL YEAR 1988-89 CAPITAL IMPROVEMENT BUDGET A. Staff Report o Purpose o Implications of Approval o Key Project Emphasis (see Attachment 7) o Authorization Request B. Board Comments/Questions/Discussion C. Conclusions/Recommendations ATTACHMENT.2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 .. .. .. .. .. 4Ilt r-4 4Ilt N r-4 ~ C"l 0\ \0 \0 C- ~I C"l N. C"l N .. .. .. .. .. ..... \0 Ln ex) b " m 4Ilt r-4 r-4 ~ ~ 0 ~ .. >- 0 0: UJ Z <: ~ 0 0 Z H Z 0 f2 :t: t:: c 8 H UJ (J') a: i <: 0: W 0: t:: ~ W (I) (1)(1) ~ w c Z 0:: .. 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CO t " -----1 -. . .- -------, --- ~ --- I' ---~- ----- -j i- -----t- "'- , j j I " 0 0 0 0 0 0 0 0 0 0 0 CO !'- 1.0 Il1 ~ t<) '" .- '" t<) I I 1 SN01111~ NI S~\fIIOO 14 C" ( . , ATTACHMENT 7 TABLE 3 MAJ OR PROJ ECTS IN FY 1988/89 CAPITAL IMPROVEMENT BUDGET (CIB) Proj ect Estimated Carry Over Additional Authorization Req ue sted Dewatering System Improvements $ 8,849,000 $ -0- Walnut Creek Downtown Bypass Phases I & II 1,661,000 4,471,000 Outfall Project Phases II & III 896,000 276,000 Sludge/Ash Handling P roj ect 1,239,000 120,000 I-680/SR-24 Sewer Relocations Phases I & II 1,428,000 74,000 Country Gardens Sewer Improvements 53,000 1,342,000 Hall Drive Sewer 147,000 1,226,000 Improvements Major Project Totals 13,154,000 8,628,000 Total Budget $ 16,771,000 $ 19,856,000 Precent Maj or Proj ects of Total Budget 78% 43% T ota 1 Authorizati on $ 8,849,000 6 , 132,000 1 , 17 2,000 1,359,000 1,502,000 1,395,000 1,373,000 21,782,000 $ 36,627,000 60% 7 . Centra.. ':ontra Costa Sanltar) Jlstrlct BOARD OF DIRECTORS PAGE 1 OF 22 POSITION PAPER BOARD MEETING OF May 5, 1 988 NO. X. PERSONNB.. 1 SUBJECT DATE ADOPT tEtIlRANllJM OF UNDERSTANDING (M. O. U.) WITH THE MANAGEMENT SUPPORT/CONFIDENTIAL GROUP. EFFECTIVE MY 1. 1988 THROUGH APRIL 30. 1991 April 27, 1988 TYPE OF ACTION APPROVE M. O. U. SUBMITTED BY INITIATING DEPT./DIV. Paul Morsen. Deputy General Manager Administrative/Personnel ISSUE: Board representatives and representatives of the Management Support/Confi- dential Group (MS/CG) have, on April 27, 1988, agreed to the attached Memorandum of Understanding, and the agreement was ratified by the MS/CG membership; accordingly, presentation to the Board of Directors for final adoption is now appropriate. BACKGROUND: Over the past twelve weeks, Board representatives and representatives of the Management Support/Confidential Group have met and conferred in an effort to agree on a Memorandum of Understanding covering those employees designated Management Support and Confi denti al . A great deal of work on both si des of the table has been spent on negotiations resulting in the attached Memorandum of Understandi ng. The Di stri ct' s current Memorandum of Understandi ng with the MS/CG expires on April 30, 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 Management Support/Confidential Group President. Highlights of the three-year agreement are as follows: o This agreement will be effective for three years commencing May 1, 1988. o Management Support/Confi denti al amployees w ill receive a 4.5 percent general increase, effective May 1, 1988; an increase of between 3 percent and 8 percent, depending upon the Consumer Price Index published by the U.S. Department of Labor for February, 1988 through February, 1989 (San Francisco/Oakland 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 usi ng the Consumer Price Index for February, 1989 through February, 1990. o Longevity Increases of 2 1/2% will be granted after 10 years of service. o The two-ti er benefit system currently in effect at the Di strict remai ns 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 ~ CRF SUBJECT POSITION PAPER ADOPT M:tIlRANDUM OF UNDERSTANDING (M.O.U.) WITH THE MANAGEJENT SUPPORT/CONFIDENTIAl.. GROOP~ EFFECTIVE MAY 1~ 1988 THROUGH APRIL 30~ 1991 2 22 PAGE DATE OF April 27, 1988 o The $10.90 offset to the District's monthly Deferred Compensation Plan contribution to participants' accounts, which was establish at the inception of the Plan, will be eliminated. This will have the effect of increasing the monthly contribution by the District to each participant's account by the 1 i ke amount. o Helen Baumgartner, Supervising Secretary, under the provisions of Chapter 4 of th e Di str i ct Code, app 1 i ed for a change in representati on grou ps in October, 1987. It was agreed then to address this matter during the recently concl uded contract tal ks; the parti es concurred in th i s change of representation groups. The attached Memorandum of Understandi ng more cl early sets forth certai n Personnel policies and procedures in furtherance of the District's goal of reducing the potential for misunderstandings and inconsistent administration. Three side letters to the new Memorandum of Understanding were executed on April 27, 1988. The side letters provide for: the inclusion of child care expense reimbursement for MS/CG participants in the Benefit Option Plan; the removal of sick 1 eave as a source of 1 eave time whi ch can be donated by one ernployee to another; and, an agreement by the District to review alternative long-term disability plans. During the two months spent in talks between the parties, many areas of great difficulty for both sides were addressed. The professional attitude of the Management Support/Confidential Group's negotiating committee and their willingness to address problems and seek resolution contributed greatly to the positive atmosphere that produced this agreement. Board representatives wish to acknowledge this good faith spirit, and commend the MS/CG committee members for the outstanding manner in which they represented their constituency during the meet and confer process. RECOMMENDATION: Adopt the attached Memorandum of Understanding between the District and the Management Support/Confidential Group, effective May 1, 1988, and designate Helen Baumgartner, Supervising Secretary (G-60 $2364 - $2860), to confidential status under the job title of Administrative Secretary (S-60 $2375 - $2871), effective May 1, 1988. -..--....---. 13028-9/85 MANAGEMENT SUPPORT/CONFIDENTIAL GROUP 5019 IMHOFF PLACE MARTINEZ, CA 94553 May 2, 1988 TO: PAUL MORSEN FROM: JAMES L. BELCHER ~ SUBJECT: APPROVAL OF PROPOSED MEMORANDUM OF UNDERSTANDING FOR THE MANAGEMENT SUPPORT/CONFIDENTIAL GROUP On April 26, 1988, the general membership of the Management Support/ Confidential Group approved the proposed Memorandum of Understanding, which was negotiated by the negotiating committees for the Management Support/Confidential Group and the District. JLB:mg tEJIlRANDUM OF UNDERSTANDING Between CENlRAL alNTRA OOSTA SANITARY DISTRICT And The MNN.3EJENT SUPPORT ICONFIDENTIIL GROUP May 1, 1988 through April 30, 1991 TABLE OF CONTENTS Page PRENeLE . 1 Recognition and Coverage. Ri ghts. 1 1 ARTIQ.E I PAYRa..L DEDUCTION OF DUES. 2 ARTIQ.E II PAY. 2 ARTIQ.E III GRIEY ANCE PROCEDURE . 2 Matters Subject to Grievance. Matters Not Subject to Grievance. Procedure . Step One . Step Two . Step Th ree . Step Four. Miscellaneous Provisions. Group Grievances. Employee-Processed Grievance. Grievance Witnesses . Grievance Processing During Regular Working Hours. Separate Grievance File. 2 2 3 3 3 3 3 4 4 4 4 5 5 ARTIQ.E IV APPOINllENT OF RELATIVES. 5 ARTIQ.E V VACATION. 5 Genera 1 Vacation Earnings. Use of Vacation Accumulation. Accrual Credit. Termination. Payment of Accumulated Vacation Time. 5 5 6 6 6 6 ARTIQ.E VI Ha..IDAYS. . 7 Holiday Schedule. Weekend-Designated Holidays. Holiday Compensation. 7 7 7 ARTIQ.E V II LEAVES. 8 Sick Leave. Sick Leave Accumulation. Sick Leave Incentive Benefit. Salary Continuance Plan. Death in Family . . 8 8 8 8 9 Jury Duty . . . . .. ... . . . . . . . . . Military Leave. . . . . . . . . . . . . . . . Pregnancy Disability. . . . . . . . . . . . . . . . Leave of Absence Without Pay. . . . . . . . . . Administrative Leave. . . . . . . . . . . . . . . . .....9 9 .......9 . . . . . 10 . . . . . . . 10 . . . ARTIQ.E VIII BENEFIT OPTION PlAN. . . . . . . . . . . . . . . . . . 10 ARTIQ.E IX GENERAL. IN~EASES. . ......... . . . . . . . . . 10 ARTIQ.E X PRmATION PERIOD UPON REQ.ASSIFICATION. ......... 10 ARTIQ.E XI tEJUT IN~EASES. . . . . . ............ 10 ARTIQ.E XII PROFESSIONAL REGISTRATION FEES. ............ 11 ARTIQ.E XIII EDUCATION-lUITION REFUtI> POlICY. . . . . . . . . . . . 11 ARTIQ.E XIV LONGEV ITY COMPENSATION. ................ 11 Career Service Pay. . . . . . .................. 11 ARTIQ.E XV SHIFT DIFFERENTIALS. . .......... ....... 11 Work Week . . . . . . . . Night Shift Differential. Swing Shift Differential. ...... . . . . 11 . . . . . . . . . 11 . . . . . . . . . . . . . 11 . . . . . ARTIQ.E XVI EXAMINATION PROCEDURES. ................ 11 Rule of Four. . . . ....... . . . . . . . . . . . . . . . . 11 ARTIQ.E XVII OVERTltE Aauu..ATION. ................ 12 ARTIQ.E XVIII EMPLOYEE BENEFITS .................. 12 Hea 1 th Pl ans. . . . . . . . Dual Health Coverage. . Retirement. . . . . . . . . . . . Deferred Compensation. Denta 1 Pl an . . . . . . . . . . . . . . Disability Plan. . . . . . . . . . . Term Life Insurance Plan. Continuance of Benefit Plan. . 12 . . 12 . . . . . . . . . . . . . 12 . . . . . . . . . . . . . 13 . . . 13 . . . . . . . . . . . . . . 13 . . 13 . . . . . . . . . . . . . . . . . . 13 . . . . . . . . . . . . . ARTIQ.E XIX SAfETY SHOES. . . . . ............ . . . 14 ARTIQ.E XX MILEAGE REIJln~SEtENT. ..... . . . . . . . . . . . . 14 ARTIQ.E XXI PERSONAL AND DISTRICT PROPERTY. 14 ARTIQ.E XXII smSTANCE ABUSE . . . ................. 14 ARTIQ.E XXIII NON DIS~IMINATION. ................. 14 MTIQ.E XXIV SAVINGS. MTIQ.E XXV PAST PRACTICES. MTIQ.E XXVI TERM. Signatures to Agreement. . .15 .15 .15 .15 MANAGDENT SUPPORT/CONFIDENTIAL. GROUP MEJl)RANDUM OF Utl)ERSTANDI~ PRENeLE REalGNITION AND COVERAGE The Management Support/Confidential Group, hereafter known as the MS/CG, is the formally recognized exclusive employee representative for all employees other than General Ernployees, Management Employees and Executive Management Employees. The MS/CG shall represent all permanent employees currently designated by Resol uti on of the Board of Di rectors. The determination for new and reclassified positions shall be in accordance with the District's Employer/Employee Relations Ordinance. RIGHTS The Board of Directors' Representatives and duly appointed Representatives of the MS/CG will meet and confer in good faith. The Board of Di rectors, or any agent thereof, agrees that there will be no interference, restraint or coercion against the MS/CG or against any employee because of his/her group membership or group activity. It is the intent and purpose of the parties hereto to promote harmonious economic and industrial relationships between the District and its MS/CG and to effect the best possible service at the most effective cost to the customers of the Di strict. The Di strict and MS/CG joi ntly agree to perform faithfully the obl igations imposed by this Memorandum of Understanding, and furthermore, agree that the provisions contained herei n shall be recognized as the sol e statement of contractual rights and obligations between the two parties, except however, that all rights, privileges, and benefits secured prior to this agreement shall remain in full force and effect, except as may be provided herein. The District has the sole and exclusive right to determine the consideration of the merits, necessity or organization of any service or activity provided by law or Executive Order. Additionally, the rights of the District incl ude, but are not limited to, the excl usive right to determine the missions of its constituent departments and divisions; set standards of services; determine the procedures and standards of selection for employment and promotion; direct, classify, and assign its employees; require overtime, when necessary, for operations of the District; take disciplinary action; relieve its employees from duty because of 1 ack of work or for other legitimate reasons; mai ntai n the efficiency of District operations, including but not limited to the contracting or subcontracting of prOduction, service, maintenance or other type of work performed by the District; determine the methods, means and personnel by which Di strict operati ons 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 -1- and discretion over its organization and the technology of performing its work; provided. however. that the exercise of such District rights shall not conflict with the express provisions of this Memorandum. ARTIQ.E I PAYROlL DEDUCTION OF DUES The District shall provide payroll deduction of dues for the MS/OG Employees. provided however. that a signed payroll deduction form is executed by the employee specifying the amount to be deducted and is in the Accounting Office by the fifteenth of the month prior to its effective date. The monies withheld shall be turned over to the treasurer of the MS/OG by the fifteenth of the following month. ARTIQ.E II PAY The District shall distribute paychecks on the last regular District working day of each month. Any outstanding Vacation or Sick Leave and Earned Overtime due the employee at the time of termination. reti rement or resignation will be calculated and issued to the employee with the final paycheck. The balance of unused accumulated sick leave is credited as longevity upon retirement. ARTIQ.E III GRIEVANCE PROCEDURE 1 t shall be the pol icy of the Di strict and the MS/OG to develop and practice reasonable and effective means of resolving difficulties which may arise among employees. to reduce potential problems. and to establish channels of communication. The gri evant may el ect. in wri ti ng. to represent himsel f/hersel f rather than have the MS/OG provide representation. If the grievant elects to represent himself/herself at this step. or at any later step. the MS/CG shall be rel ieved of any further obl igation of representation and shall be relieved of any obligation to share in any further expense of the grievance procedure. No resolution shall be inconsistent with the terms of this Agreement. Matters Subject to Grievance Any compl ai nt an employee has concerni ng the i nterpretati on or application of rules. regulations, policies or procedures governing personnel practices. working conditions. wages. hours and other terms and conditions of employment. Matters Not Subject to Grievance The District policies. rules and regulations as such. A rating as given in an Employee Performance Appraisal. Disciplinary and Termination Actions as outlined in the District's Discipline Policy and Procedure. -2- PROCEDURE Step One The grievant shall, within fifteen (15) worki ng days, fran when the employee knew of the occurrence. present and di scuss any difference or grievance with his/her immediate supervisor. Both the grievant and his/her supervisor shall make a bonafide effort to amicably settle such differences. The supervisor shall respond within five (5) working days after the final meeting with the grievant. If, after this response, the grievant does not bel ieve the probl em has been sati sfactorily resol ved, then the grievant shall have the right to proceed to Step Two of this procedure within five (5) working days after receipt of the supervisor's written response. Step Two In the event such di fferences 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 representatives to the grievant's Department Manager. A meeting shall be arranged by the Department Manager within five (5) working days of recei pt of the written grievance. The grievance shall be di scussed with the grievant, and pertinent facts brought to light. The Department Manager shall respond, in writing, within five (5) working days after the final meeting rendering the decision. Failure of the grievant to take further action within five (5) working days after receipt of the decision will constitute withdrawal of the grievance. Step Three In the event such di fferences are not settl ed at Step Two and the grievant desires the grievance to be considered further, it shall be presented. in writing, within five (5) working days to the General Manager-Chief Engineer or his designated representative who will discuss the grievance with the grievant, his representative or representatives and with other appropriate persons within ten (10) days of receipt of the grievance. The General Manager-Chief Engineer may designate a person not in the grievant's normal line of supervision, to advise him concerning the grievance. A record may be maintained of information presented. The General Manager-Chief Engineer shall render a decision, in writing, to the grievant within five (5) working days after hearing the grievance. Fail ure of the grievant to take further action within 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 di fferences are not settl ed and the grievant desi res the grievance to be considered further, it shall be presented. in writing, to the Secretary of the Board within five (5) days of receipt of -3- the General Manager-Chief Engineer's decision. The Secretary shall cal endar the matter for closed session at the next regul arly schedul ed Board Meeting in keeping with established guidelines for calendaring an agenda item. The Board may employ a neutral third party to hear the matter and recommend action to the Board. The Board may adopt, reject or modify the recommendation of the Board-apPointed neutral third party. The decision of the Board is the final action of the District. Miscellaneous Provisions No grievant shall, at any stage of the grievance procedure, be requi red to meet regarding the grievance with any supervisor or manager without organizational representation, nor shall any supervisor or manager be requi red to meet with the grievant regardi ng the grievance without benefit of counselor representation. No waiver of time 1 ines must be granted either party due to the lack of available counsel. In certain grievances, the first and/or second steps may be deleted if the grievance arises out of an action by an authority above the level of the grievant's supervisor. However, such grievances will begin at a level no higher than Step 3 of this grievance procedure. Failure at any step of this procedure to communicate the decision on a grievance within the specified time limits shall permit the lodging of an appeal at the next step of the procedure within the time allotted, had the decision been given. Failure to appeal a decision within the specified time limits shall be deemed a withdrawal of the grievance. The time 1 imits speci fied in th is procedure may be extended, in any specific instance, by mutual agreements, in writing. Group Grievances If the grievance involves employees with different immediate supervisors, the grievance may be ffl ed at the appropriate step of the grievance procedure. However, such grievance will begin no higher than Step 3 of this grievance procedure. Employee-Processed Grievance An employee covered by this Agreement may present a grievance di rectly and have such grievance adjusted without intervention of the MS/OO as long as the adj ustment is not i nconsi stent with the terms of th i s Agreement. Grievance Witnesses The District shall endeavor to make available for testimony in connection with the grievance procedure reasonable requests for District employees to appear when requested by the grievant, the MS/OO or the District. Any employee witnesses required to appear in connection with this article shall suffer no loss of normal pay, but will not receive any form of overtime compensation in connection with his/her appearance. -4- Grievance Processing During Regular Working Hours The grievant and his/her representative(s) shall normally be entitled reasonable time to process a grievance during normal working hours with no loss of payor benefits, provided the grievant has the permission of his/her supervisor. Such permission shall not be unreasonably withheld. Separate Grievance File All materials concerning an employee's grievance shall be kept in a file separate from the employee's personnel file which file shall be available for inspection only by the grievant, his/her Representative, with approval by the grievant; and management, supervisory, and confidential employees who can demonstrate a need to review the file. ARTIQ.E IV APPOINlJENT OF RELATIVES Members of immediate family of elected or appointed officials shall not be appointed to District employment. Members of the immediate family of employees shall not be employed by the District. Those relatives appointed before July 1, 1982 shall not be appoi nted to the same division, nor shall be transferred, promoted or demoted into the same division, nor be placed in such a position as to evaluate a relative or be in the same line of supervision. Immediate family members are defined as mother, father, brother, sister, son, daughter, in-laws, or grandparents. This provision shall apply to all types of employment status. ARTIQ.E V VACATION General: All employees, with the exception of Temporary status employees, earn paid vacati on time from the fi rst month of employment. However, a new employee without District tenure may not use any accumulated vacation time until after completion of six (6) months service. Thereafter, accumulated vacation time may generally be used as desired, subject to the approval of the appropriate supervisor subject to two (2) weeks notice in advance. The schedule of vacation days and the maximum number of vacation days which may be accumulated and deferred is shown in the following tables: Vacation Earnings: A. Current permanent or probationary employees hired by the District pri or to May 1, 1985, earn ten (10) hours of vacati on per month worked plus additional allowance for longevity after five (5) years. -5- Years of Service Annual Vacation Allowance Maximum Number of Vacation Days Which Can Be Accumul ated and Deferred 0-5 Years 5-10 Years 10-15 Years 15-20 Years 20-25 Years 25-30 Years 30 & Over 15 Days 16 Day s 17 Days 20 Day s 25 Day s 30 Day s 35 Day s 30 Days 32 Day s 34 Days 40 Days 50 Day s 60 Days 70 Days B. Permanent or probati onary employees hi red by the Di strict 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 additional allowance for longevity after five (5) years worked. Years of Serv ice Annual Vacation Allowance Maximum Number of Vacation Days Which Can Be Accumulated and Deferred 0-3 Years 3-5 Years 5-10 Years 10-15 Years 15-20 Years 20-25 Years 25 & Over 10 Days 15 Days 16 Days 17 Day s 20 Day s 25 Days 30 Days 20 Days 30 Day s 32 Days 34 Days 40 Days 50 Day s 60 Days Use of Vacation Accumulation: All employees shall be afforded one cal endar year from the anniversary date to use such extra vacati on days to or below the permitted maximum limits prior to any forfeiture of vacation days. Accrual Credit: The extra days accrued due to service of over five (5) years are credi ted to each employee's account on his/her anniversary date. Employees are notified as they reach the maximum accural limit. Termination: If an employee leaves the District for any reason, he/she will be paid for any earned vacation time not used. Payment of Accumulated Vacation Time: A. Employees may request payoff of accumulated vacation time. B. Payment shall be consi 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 cal endar year of applicati on or have accrued suffici ent vacati on time to take a mandatory ten days of vacation time off within the calendar year of application. -6- 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 i 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 reti rement. ARTIQ.E V I HOlIDAYS HOliday Schedule: There are thirteen (13) paid holidays. o New Year's Day (J anuary 1) o Veteran's Day (November 11) o Martin Luther King, Jr.'s Birthday (Third Monday in January) o Thanksgiving Day (Fourth Thursday in November) o Lincoln's Birthday (February 12) o Day after Thanksgiving o Washington's Birthday (Third Monday in February) o December 24 o Memorial Day (Last Monday in May) o December 25 o Independence Day (July 4) o December 31 o Labor Day (First Monday in September) Weekend-Designated Holidays: If a designated holiday falls on a Saturday, the preceding work day not a holiday shall be deemed to be the holiday and if the holiday falls on a Sunday, the following work day not a holiday shall be deemed to be that holiday. Holi day Compensa ti on: All employees, with the excepti on of Temporary status employees who are required or authorized to work on a holiday listed above, will be paid at the rate of time and one-half the normal regularly assigned basic pay rate in addition to the normal monthly pay except for New Year's Day, Thanksgiving Day, and Christmas which will be paid at a double-time rate in addition to the normal monthly pay. Employees required to work on a Friday immediately preceding a holiday or Monday immedi ately foll ow i ng w ill receive pay at time and one-hal f the normal basic pay rate or receive time and one-half off at a later date. -7- ARTIQ.E V II LEAVES 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 probationary employees hired by the District after May 1, 1985, earn twelve (12) days sick leave per year. Sick leave is to be used only in case of real sickness, disability, medical or dental care for the employee, or up to five (5) days annually may be used to attend to heal th needs of an immedi ate family member. If all accumul ated sick leave is used, earned vacation time may be used as sick leave in order to receive full regular pay. Probationary employees are eligible to use earned sick leave as required. Sick Leave Accumulation: Unused sick leave accumulates from one year to the next. There is no maximum limitati on. The bal ance of unused accumulated sick leave is credited as longevity upon retirement. Sick Leave Incentive Benefit: For current permanent or probationary employees hired by the District prior to May 1, 1985, the District shall augment the regular sick leave policy with an incentive benefit using a formula crediting eighty-five (85%) percent of the employee's yearly unused sick 1 eave to an accumul ati ng account for that person. For permanent or probationary employees hired by the District after May 1, 1985, the following schedule shall apply: Years of Pay-off Credi t Pay-off Credit Serv ice at Termination at Reti rement 0 - 5 Years 0 Percent 0 Percent 5 - 10 Years 25 Percent 25 Percent 10 - 25 Years 25 Percent 35 Percent 25 and Over 25 Percent 40 Percent Payment for all credited sick leave will be made upon retirement or termination of employment only if the employee provides the District with a minimum of two (2) weeks notice. Salary Continuance Plan: It shall be the general policy of the District to continue pay to an employee under the Salary Continuance Plan when an employee incurs a work-related injury or illness. This plan commences if the employee qualifies for Worker's Compensation for the disability and, if in the opinion of the District, the disability is work-related. If the injury or illness is determined legitimate, all of the employee's regular benefits will continue during the time this plan is in effect. The salary continuance will be equivalent to seventy (70%) percent of gross compensation less any Worker's Compensation payments. The maximum period for which this plan could be used by an employee will be six (6) months or until a stable level of disabil ity is reached, whichever occurs first. The District's policy for charging sick leave for work-incurred injuries or illnesses shall be as follows: -8- An employee requiring medical attention for a work-incurred injury or illness will not be required to charge the portion of time spent on the day of the injury receiving medical care to his/her sick leave record. After the doctor has released the employee from his office, any addi ti ona1 time off on that day will be charged to the employee's sick 1 eave account. The first day of the 3-day waiting period required by the State Compensati on Insurance Fund begi ns the day follow i ng the date on wh ich the injury or illness occurred. District Salary Continuance Plan benefits shall begin on the same day as State Compensation benefits commence. However, if the injury or illness causes disability of more than twenty-one (21) days or necessitates hospi tal izati on, the Sa1 ary Continuance Plan will become effective from the first day the injured employee leaves work as a result of the injury or illness. The employee may use vacation or sick 1 eave accrual or earned overtime during this waiting period. Death in Family: In the event of a death in the immediate family of an employee, the employee may, after notifying his/her supervisor, be absent up to a maximum of five (5) days and have the time off charged to his/her sick leave account. Accrued vacation time may be used if additional time is required. "Immediate Family" consists of the following persons: mother, father, husband, wife, brother, sister, son, daughter, in-1 aws, or grandparents. Verification may be required. 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 District any monies received (not including mil eage allowance or meal expense) as a juror, or he/she may take vacati on 1 eave or 1 eave without pay and keep all the moni es pa i d to the employee. Mi 1 eage allowances shall be kept by the employee under any circumstances. Military Leave: Employees who are assigned to military duty are entitled to military leave in accordance with the provisions of applicable state laws (California Military and Veterans Code, Section 395 et seq.). PreQnancy Disability: For the purposes of the State Disability Insurance, Pregnancy Disabi1 ity Leave is effective the first date the employee is disabled. The District will require verification from the employee's physician. Eg. If an employee's last day of work is 9/1 and the baby is delivered on 10/1, then the effective date of Pregnancy Disability Leave will be 9/l. Upon termination of the disability, (generally six weeks following a regular delivery, eight weeks following a Caesarean Section, or the "length of the disability whichever is longer), the employee will no longer be able to use sick leave, but will be allowed to use any accrued vacation, earned overtime or leave without pay. The combination of time off for approved Pregnancy Disabi1 ity Leave and Leave Without Pay may extend up to a maximum of six months from the bi rthdate of the chi1 d, subject to Board of Director approval. -9- Leave of Absence Without Pay: Employees may request a leave of absence without pay th rough hi sl her superv i sor. A 1 eave of absence without pay for up to five (5) working days may be approved by the Department Manager and the General Manager-Chief Engineer. Longer leave shall require the approval of the Board of 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. During an extended 1 eave, the employee's employment status and seniority will remain unchanged. Health plan insurance benefits will be continued for only medically-related leaves. However, all other rights, privileges, and benefits of employment are suspended unti 1 the employee's return to active employment. Admi ni strative Leave: Admi ni strative 1 eave shall be granted for all employees covered under this agreement at two days per year (May 1 through April 30). ARTIQ.E Y III BENEFIT OPTION PlAN All employees covered under th is agreement shall be provided $86.00 per month for use on the Benefit Option Plan during the term of this agreement. ARTIQ.E IX GENERAL IN<REASES Effective May 1, 1988, a 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 ConsllDer Price Index (CPI) for all Urban Consumers (San Franci sco/Oakl and) duri ng the February, 1988 to February, 1989 base period. Dependi ng on the CPI, the wage adj ustment shall be at 1 east three percent (3%), but no more than eight percent (8%). Effective May 1, 1990, the wage adjustment shall be based on changes in the ConsllDer Price Index (CPI> for all Urban ConsllDers (San Francisco/Oakland) during the February, 1989 to February, 1990 base period. Dependi ng on the CPI, the wage adj ustment shall be at 1 east three percent (3%), but no more than eight percent (8%). ARTIQ.E X PRWATION PERIOD UPON REQ.ASSIFICATION The probati onary period for members of Management Support/Confidenti al Group who are reclassified is six months. ARTIQ.E XI MERIT IN<REASES Employees normally receive a sal ary range increase upon sati sfactory 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 thei r range. Th i s meri t increase shall only be withhel d based upon an unacceptabl e overall eval uati on 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. -10- ARTIQ.E XII PROFESSIONAL. REGISTRATION FEES The District shall pay the registration and renewal fees for all professional registered engineers, licensed land surveyors, and those employees who hold a current California Wastewater Treatment Plant Operator's Certificate. The registration and/or certificate must be a requirement of the employee's classification. ARTIQ.E XIII EDUCATION-TUITION REFUtt) POlICY The District will reimburse employees (with the exception 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 only for courses within the scope of the employee's employment field and District job responsibll ities. Class and study time must be outside of the employee's working hours, and the completion of the course must result in at least a C grade or its equivalent. The maximum tuition refund to an eligible employee shall not exceed $450 per fiscal 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. ARTIQ.E XIV L~EVI1Y CXlMPENSATION Career Service Pay: A two and one-half (2 1/21) percent career service pay increase will be granted to employees after ten (10) years of employment with the District. ARTIQ.E XV SHIFT DIFFERENTIALS Work Week: The normal work week for full time non-Shift employees is eight (8) hours per day. Al though most employees are schedul ed to work Monday through Friday, some services and operations are currently scheduled on a 24-hour basis, seven days a week. Night Shift Differenti al: Night Shift Differenti al applies only to employees who are regularly scheduled to work night shift. The rate of pay for the Night Shift Differential is detennined by increasing the basic hourly salary for the job by seven and one-hal f (7 1/21) percent. If the night shift is extended beyond the normal assigned shift period (hours or days), overtime will be paid based on the employee's basic salary. Swing Shift Differential: Swing Shift Differential applies only to employees who are regularly scheduled to work Swing Shift. The rate of pay for the Swing Shift Differential is detennined by increasing the basic hourly salary for the job by five (5J) percent. If the Swing Shift is extended beyond the normal assigned shift period (hours or days), overtime will be paid based on the employee's basic salary. ARTIQ.E XVI EXAMINATION PROCEDURES Rule of Four: When an opening occurs for a position which is not included in the Personnel Advancement Policy, employees may compete in a -11- 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 Di strict employee who meets the minimum qual ificati ons of an open position may apply for that position. ARTIQ.E XVII OVERTIME AaDU.ATION Compensation for overtime work shall be paid at the next pay period, or the time and one-hal f hours may be accumul ated 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 th is 1 imit for bonafide family emergencies shall be considered by the District on a case-by-case basis. When required to maintain the operations of the District, the Di strict may requi re Overtime. ARTIQ.E XVIII EJFL.OYEE BENEFITS Health Plans: Current permanent or probationary employees hired by the District prior to May 1, 1985, shall be provided with a fully paid 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 di fference in cost between the plans. Employees covered by Prudential prior to May 1, 1985, shall be allowed to continue this program at District expense and any increase in the cost of the Prudential Plan will be borne by the District. Employees hired after May 1, 1985, will be provided with the District's Kaiser Health Plan 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 Plans. Dual Heal th Coverage: Those employees hav ing dual coverage under a health insurance program may withdraw from the District's health insurance coverage and, in lieu of such coverage, receive additional monthly compensation in the amount of $90.00. Continuation of this program is subject to Health Plan carrier acceptance. Retirement: The District shall provide a retirement program for all employees covered under this M.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 Retirement Plan are not required to make any further contributions to the Retirement Plan. Those Di strict employees so qualify i ng shall be entitl ed to receive a cash supplement to their compensation equivalent to and in lieu of any District payment as may be granted and made as a portion of employee retirement contributions to the retirement program. -12- Deferred Compensation: The District's monthly contribution to each participant's Deferred Compensation Plan account is equal to an amount that the employer would normally pay into the Social Security System, less $10.90. The reduction of $10.90 per month offset 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. Dental Plan: The District shall provide a dental care program for all employees covered under this M.O.U. Disability Plan: The District shall provide a disability program for all employees covered under this M.O.U. Term Life Insurance Plan: For current permanent or probationary employees hired by the District prior to May 1, 1985, the District shall provide a term 1 ife insurance pol icy 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 1 ife insurance pol icy equal to one times the employee's annual salary at Step E to a maximum of $50,000. Continuance of Benefit Plan: The District shall have a program which provides a continued degree of responsibility to the employee upon retirement and to the dependents of a deceased employee. The program for retired employees hired by the District prior to May 1, 1985, and their dependents shall provide for the continuance of medical, dental, and reduced life insurance plans (1/2 of life insurance at time of reti rement) in force at the time of reti rement. The program for reti red employees hi red after May 1, 1985, and thei r dependents shall provide for the continuation of medical and dental and reduced life insurance plans ($10,000 policy) in force at the time of retirement with the exception that the District shall continue to pay for the full cost of a retired employee's medical and dental coverage until the employee's 65th birthday. Dental insurance shall be continued only for the dependent spouse upon the employee's reti rement. At age 65, employee shall pay the District 50% of the cost to the District for the employee's medical and denta"t coverage. The medical coverage after age 65 will be integrated with Medicare. The program for dependents of a deceased employee shall provide for the continuance of health and dental benefits for the length of that employee's total service with the District (in other than temporary status), or until such time that the spouse remarries, or until such time that the dependents no longer qual ify for benefits as stated by the District's policies. -13- ARTIQ.E XIX SAFETY EQUIPMENT The District will provide safety glasses for those employees required to wear them fram a District designated supplier. Employees regul arly exposed to foot injuries are requi red 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. Ernployees who are either requi red or adv ised to wear safety shoes shall be prov ided one pai r of safety shoes by the Di strict fram a Di strict designated supplier at a cost not to exceed $70 per pair of safety shoes, effective May 1, 1988; $70 per pair 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. ARTIQ.E XX MILEAGE REIteURSEMENT The District-wide mileage allowance for the use of personal vehicles on District business shall be paid as allowed by IRS without tax consequences (currently $.225 per mile). ARTIQ.E XXI PERSONAL AND DISlRICT PROPERTY The District discourages the use or display of personal property not requi red to perform an employee's job by an employee at work. The storage, carrying or use of firearms or other lethal weapons on District property is strictly prohibited. Most employees required to wear uniforms during working hours are provided lockers by the District. Lockers are District property and may be searched by management at any time without advance notice. If locker is to be inspected and the employee is on the job-site, the employee will be allowed to be present when the locker is inspected. The District will be responsible for replacing damaged locks. ARTIQ.E XXII SWSTANCE IBUSE In cases where an employee's alcohol or drug abuse interferes with regular work duties, the District agrees to discuss and consider holding proposed disciplinary action in abeyance and referring the employee to appropriate counseling or trea'bnent. The District further agrees that the employee will not be di smissed whil e actively and successfully participating in such trea'bnent or counseling programs, subject to his/her compliance with District and depar'bnental rules and maintenance of acceptable job performance. However, an employee who fails to successfully complete trea'bnent or counseling or who subsequently suffers a relapse shall be subject to disciplinary action. ARTIQ.E XXIII NON DISCRIMINATION There will be no discrimination by the MS/CG or the District or any agent of either of them because of race, color, creed, national origin, sex, handicap, religion, or political beliefs. -14- Discourteous treatment of the public or fellow employees including discrimination and/or harassment that is detrimental to the function of the District will not be tolerated. The offender(s) shall be subject to disciplinary action as considered appropriate by the Department Manager. ARTIa..E XXIV SAVltI2S If any provision of this Memorandum of Understanding should be held invalid or outside the scope of bargaining by operation of law or by the final judgment of any court of competent jurisdiction, the remainder of this Memorandum of Understanding shall not be affected thereby. ARTIa..E XXV PAST PRACTICES Should the District take action to change its practices in subjects within the scope of meet and confer as specified in Government Code Section 3500 et seq. which are not a part of this Agreement, the District agrees to meet and confer before taking such action. ARTIa..E XXV I TERM This Memorandum of Understanding shall remain in full force and effect from May 1, 1988 through April 30, 1991. SiQnatures to AQreement Signed and entered into this 27th day of April, 1988 subject to the approval of the respective parties. OOSTA SANITARY DISTRICT [. ul Morsen ~ ~ '-' , ;,. 0~ i/&~~C:;~~~ Ca ryn Radin Freitas MAN~EMENT SUPPmT/OONF: DENTIAl GROUP ~ ~~ --- Jose Lopez / ....7 '& '/'/' . ~~,{'. jA--(~-r-), ~ Tad Pil eck1 -15-