HomeMy WebLinkAbout5/9/2002 AGENDA BACKUPCentral Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: May 9, 2002 No.: 4. a. CONSENT CALENDAR
Type of Action: QUITCLAIM SEWER EASEMENTS
Subject: AUTHORIZE EXECUTION AND RECORDING OF QUITCLAIM DEEDS FOR SEVEN
EASEMENTS IN THE ORINDA AREA, DISTRICT JOB NO. 3242, PARCEL NO. 2, 3, 4,
5, 6, 7, AND 8
Submitted By: Initiating Dept. /Div.:
Jarred Miyamoto -Mills Engineering /Environmental Services
Principal Engineer
REVIEWED AND ND RECOMMEND D FOR BOARD ACTION.
)/� 1,
J. Miyamoto -Mills Swanson A. Farrell
Charles W:
General Ma
ISSUE: The Board of Directors must authorize execution and recording of quitclaim deeds.
RECOMMENDATION: Authorize execution and recording of seven quitclaim deeds for
easements no longer needed in the Orinda area.
FINANCIAL IMPACTS: None
ALTERNATIVES /CONSIDERATIONS: The Board of Directors could elect not to quitclaim
these easements. This would result in continuing District liability associated with the
ownership of the easements.
BACKGROUND: In 1979, a sanitary sewer was proposed along the rear property lines
of parcels located on Southpoint Road, Hartford Road and Charles Hill Circle in Orinda and
easements were granted to the District for the project (see attached map). However, the
pipeline was never built and the easements were never used for sanitary sewer purposes.
In addition, the easements are located adjacent to a creek which is a poor location for a
public sanitary sewer.
In 1999, a public sanitary sewer was installed in Charles Hill Circle and Hartford Road as
a part of Contractual Assessment District No. 98 -2. Houses along Southpoint Road,
Hartford Road, and Charles Hill Circle have been connected or will connect to this public
sewer in the future. Hence, the previously granted easements are no longer needed.
The main purpose for the proposed quitclaims is to eliminate future liability associated
with the District's ownership of the easements. This action was initiated by staff, hence,
no quitclaim fees were collected from the property owners.
4/29/02
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POSITION PAPER
Board Meeting Date: May 9, 2002
Subject: AUTHORIZE EXECUTION AND RECORDING OF QUITCLAIM DEEDS FOR SEVEN
EASEMENTS IN THE ORINDA AREA, DISTRICT JOB NO. 3242, PARCEL NO. 2, 3, 4,
5, 6, 7, AND 8
RECOMMENDED BOARD ACTION: Authorize the President of the Board of Directors and
the Secretary of the District to execute Quitclaim Deeds to Dierkes Family RevocableTrust,
Marjorie M. Cook, Martin V. and Loretta C. Jacobs, Edmund J. and Patricia A. Coyne, and
Michael M. and Ziba F. Rasooly and authorize staff to record the Quitclaim Deeds with the
Contra Costa County Recorder.
4/29/02
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Central Contra Costa Attachment
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QUITCLAIM EASEMENTS
' JOB NO. 3242, ORINDA AREA MAP
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Page 3 of 3
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: May 9, 2002 No.: 4.b. CONSENT CALENDAR
Type of Action: ACCEPT OFFER OF DEDICATION
Subject: ADOPT A RESOLUTION ACCEPTING AN OFFER OF DEDICATION FOR THE
EASEMENT SHOWN ON THE MAP OF SUBDIVISION NO. 7941 JOB NO. 5197, PARCEL
1, WALNUT CREEK AREA.
Submitted By: Initiating Dept/Div.:
R. Dragon Engineering /Environmental Services
Construction Inspector /Designer
REVIEWED AND RECOMMENDED FOR BOARD ACTI
)N _-'k- Bvl�—
t
R. agon J. Miyamoto -Mills C. Swanson A. Farrell Charles W. Batts,
General Manager
ISSUE: Board approval is required to accept offers of dedication and record easem
RECOMMENDATION: Adopt a resolution accepting public sewer improvements and an
offer of dedication for an easement at no cost to the District, and authorize recording of
the easement acceptance
FINANCIAL IMPACTS: None.
ALTERNATIVES /CONSIDERATIONS: None.
BACKGROUND: The Board of Directors routinely accepts easements and public sewer
improvements by resolution. The recommended resolution will accept an easement that
is required for recent public sewer extension in Saklan Indian Drive in Walnut Creek. The
final subdivision map and public sewer improvements have been reviewed by District staff
and deemed in compliance with District standards.
RECOMMENDED BOARD ACTION: Adopt a resolution accepting public sewer
improvements and an offer of dedication as shown on the recorded final map of
Subdivision No. 7941, Job No. 5197, Parcel 1, Walnut Creek area, at no cost to the
District. Authorize recording of the easement acceptance.
4/29/02
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ACCEPTANCE OF
EASEMENT DEDICATION
SUB 7941 JOB 5197
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Page 2 of 2
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62,
EASEMENT AREA
SUB BOUNDARY
Attachment
Central Contra Costa SL Aary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: May 9, 2002 No.: 4.c. CONSENT CALENDAR
Type of Action: ESTABLISH HEARING DATE
Subject: ESTABLISH MAY 23, 2002, AS THE DATE FOR A PUBLIC HEARING TO
RECEIVE COMMENTS ON THE DRAFT FISCAL YEARS (FY) 2001 -02 AND 2002 -03
CAPITAL IMPROVEMENT BUDGET /2001 10 YEAR CAPITAL IMPROVEMENT PLAN
ADDENDUM
Submitted By: Initiating Dept. /Div.:
John J. Mercurio, Engineering /Environmental Services
Management Analyst
REVIEWED AND RECOMMENDED FOR BOARD ACTION•
Mercurio R. chmidt C. Swanson A. Farrell Charles
I11"— General M
ISSUE: The District's Fiscal Years 2001 -02 and 2002 -03 Capital Improvement
Budget /2001 Ten -Year Capital Improvement Plan (CIB /CIP) was approved and adopted by
the Board in 2001. In July of 2001, the San Ramon addendum to the CIB /CIP was
approved. To accommodate changes in projects, the addition of new projects, and the
authorization of funds for FY 2002 -03, a mid -cycle addendum to the CIB /CIP is required.
A date for a public hearing to receive comments on the addendum document should be
established.
RECOMMENDATION: Establish May 23, 2002, as the date for a public hearing to receive
comments on the draft CIB /CIP Addendum.
FINANCIAL IMPACTS: None related to this action.
ALTERNATIVES /CONSIDERATIONS: Not applicable.
BACKGROUND: In 1999, the District implemented a two -year Capital Improvement Budget
for the first time. The Fiscal Years 2001 -2002 and 2002 -2003 Capita/ Improvement
Budget (CIB) encompasses the first two years of the 2001 Ten -Year Improvement Plan.
The intent, when the two year budget cycle was adopted, was for the Board to authorize
funds one year at a time. Thus, a mid -term adjustment was anticipated where changes
in projects or project budgets and schedules could be incorporated and the funds for the
next year authorized.
It is appropriate to receive comments in a formal public hearing prior to consideration of
the CIB /CIP Addendum for approval. This public hearing has been tentatively scheduled
for the Board's regular meeting on May 23, 2002. A staff presentation will be made at
that time.
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POSITION PAPER
Board Meeting Date: July 5, 2001
Subject: ESTABLISH JULY 19, 2001, AS THE DATE FOR A PUBLIC HEARING TO
RECEIVE COMMENTS ON THE DRAFT FISCAL YEARS (FY) 2001 - 02/2002 -03 CAPITAL
IMPROVEMENT BUDGET /2001 10 YEAR CAPITAL IMPROVEMENT PLAN "SAN RAMON
ADDENDUM."
RECOMMENDED BOARD ACTION: Establish May 23, 2002, as the date for a public
hearing to receive comments on the draft CIB /CIP Addendum.
4/29/02
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Central Contra Costa Sanitary District
BOARD OF DIRECTORS
POSITION PAPER
Board Meeting mate: May 9, 2002 NO -: 5.a. HEARINGS
Type of Action: CONDUCT PUBLIC HEARING; ADOPT ORDINANCE
subject CONDUCT A PUBLIC HEARING TO RECEIVE COMMENTS ON ORDINANCE TO
DISTRICT CODE, TITLE FOUR, PERSONNEL
Submitted By: Initiating Dept. /Div.:
Cathryn Freitas, Human Resources Administrative /H.R.
Manager
REVIEWED AND RECOMMENDED FOR BOARD ACTION.
General
ISSUE: Modifications to the District Code require Board approval. Since the entire Titlehas been
reformatted and rewritten, a public hearing is required. Notice of the Public Hearing has been
published.
RECOMMENDATION: Adopt proposed modifications to Title Four of the District Code.
FINANCIAL IMPACTS: None.
ALTERNATIVES /CONSIDERATIONS: Do not adopt the proposed modifications or request additional
meet and confer sessions on alternate changes to Title Four.
BACKGROUND: Per Board direction, Allison Woodall, Esq., of the District's labor law firm of
Hansen, Bridgett, et. al., and Human Resources Manager Cathryn Freitas have met and conferred
collectively with the District's three bargaining units on modifications to Title Four of the District Code.
The modifications are attached for Board review and approval. Deletions are in strike -out and
additions to the language are indicated in bold font.
Many of the modifications were proposed to update the Code and make the provisions consistent
with current Federal and State laws, as well as the Memoranda of Understanding with the District's
bargaining units. Position titles were changed for consistency with the District's organizational
structure. Several substantive changes were made to improve the District's recruitment and selection
procedures, recognize the District's past practice of mandatory overtime, establish a policy against
violence in the workplace, acknowledge the District's requirement for substance abuse testing prior
to employment, expand the definition of provisional appointments, extend the probationary period
when the probationary employee has been absent from work for a lengthy period(s) and clarification
of the Employee - Employer Relations Sections.
RECOMMENDED BOARD ACTION: Adopt the proposed modifications to Title Four, Personnel.
4/29/02
CAWPDocs \chapter4.posppr.v.pd Page 1 of 32
MANAGEMENT SUPPORT /CONFIDENTIAL GROUP
5019 IMHOFF PLACE
MARTINEZ, CALIFORNIA 94553
April 30, 2002
Board of Directors
Central Contra Costa Sanitary District
5019 Imhoff Place
Martinez, California 94553
Honorable Board of Directors:
The Management Support/Confidential Group (MS /CG) has met and conferred with the Board
Representatives and has no exceptions to the proposed modifications to Title 4, Personnel, of the District
Code.
Sincerely,
Tad Pilec '
MS /CG President
TP:rb
cc: MS /CG Executive Committee
C. Batts
Page 2 of 32
CCCSD Management Group
5019 Imhoff Place
Martinez, CA 94553
April 30, 2002
Ms. Cathryn Freitas
Human Resources Manager
Central Contra Costa Sanitary District
5019 Imhoff Place
Martinez, CA 94553
Dear Cathryn:
REVISIONS TO TITLE 4 OF THE DISTRICT CODE
Representatives of the Management Group met and conferred about
proposed changes to Title 4 - Personnel of the District Code. The
Management Group is satisfied with the proposed changes as negotiated
between the District and the three bargaining groups.
Sincerely,
Curtis W. Swanson
Management Group Representative
Page 3 of 32
ORDINANCE NO.
AN ORDINANCE REVISING TITLE 4, PERSONNEL
OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT CODE
WHEREAS, Title 4, Personnel, requires amendment to conform to current Federal
and State laws, as well as the Memoranda of Understanding with the District's bargaining
units, and to reflect changes as a result of meet and confer with the District's bargaining
units; and
WHEREAS, the amendments and additions have been on file in the office of the
Secretary of the District and available for public inspection and review at least fifteen days
prior to the public hearing; and
WHEREAS, proper notice was given of the availability for public inspection and
review of the amendments and additions prior to the Public Hearing held on May 9, 2002,
regarding the proposed changes; and
WHEREAS, proper notice with regard to said Public Hearing was given.
NOW, THEREFORE, the Board of Directors of the Central Contra Costa Sanitary
District does ordain the revisions as set forth in "Exhibit A."
Upon adoption, this Ordinance shall be entered in the minutes of the Central Contra
Costa Sanitary District, shall be published once in the Contra Costa Times, a newspaper
of general circulation within the District, and shall take effect on the eighth calendar day
following such publication.
PASSED AND ADOPTED this 9th day of May, 2002, on the following roll call vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
President of the Board of Directors,
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
Secretary of the Central Contra Costa
Sanitary District, County of Contra Costa,
State of California
APPROVED as to Form:
Kenton L. Alm
Counsel for the District
S: \ADMIN \MURPHY \Miscellaneous \TITLE4 .ordinance Page 4 of 32
Title 4
Ia21:LITi)Nk 2-M
Chapters:
4.04 General Provisions
4.08 Affirmative "et Equal Opportunity
4.12 Classifications
4.16 Examinations and Appointments
4.20 Layoffs
4.24 Employer- Employee Relations
4.28 Sewdal Hare-s�
i— -i�lntien n el
iey ns�^Ai�l
Disability
Chapter 4.04
GENERAL PROVISIONS
Sections:
4.04.010 Declaration of policies.
4.04.0 -320 Board authorization of positions and
recognition of appointments.
4.04.0 -430 Adoption of Government Code Section 31641.04
by reference.
4.04.010 Declaration of policies. A- It is the
policy of the District to evaluate and select employees on
the basis of merit and to determine individual merit
through performance and competitive examinations.
B. - n— return rTO-z — faithful se-=SO7z-c'-"$,istTrcz
emp l e yee—status shall b•e^ dependent d r f e rm , r e
geed - behavier- effieeney,n-ee-essit-y -- f werk and the
apprepriatien of su zieicent funds. The aets — andd�lerrs
ef the —D i stri-e t regarding t-h-e —s e l e ewe n e f individuals
shall be In aeeerdanee —with tale— praetiees and pelieiies
established under- this ehapter. rj, (F,.] .
89., Gr d .14 2(part), 1980, pr i e=— eeele §4 -11
kmc
28 (Contra Costa / )
934429.1
Page 5 of 32
4.04.0 -320 Board authorization of positions and
recognition of appointments. The Board shall authorize all
positions provided in this chapter and shall be advised on
all appointments to all such positions. (Ord. 168 §1 (Exh.
A (part)), 1989: Ord. 142 (part), 1980: Ord. 130 (part),
1978: prior code §4 -103)
[FORMERLY 4.04.0301
4.04.0430 Adoption of Government Code Section 31641.04
by reference. The provisions of Government Code Section
31641.04 are adopted by reference as if set forth in this
sections in full. (Ord. 187, 1993)
[FORMERLY 4.04.0401
Chapter 4.08
AFFIP41ATIVE AGTIGN EQUAL OPPORTUNITY
Sections:
4 .08.01 0 Affirmative a-e t i en.
4.08.010 Equal employment opportunity.
4.08.020 Prohibited conduct.
4.2-08.04 -30 Prehib to . Unlawful harassment.
4. -Z08.0 -Z40 Retaliation prohibited.
4.2-08.0 -350 Repert and iInvestigation.
4.08.0 -360 Dissemination of policy.
11100 WIN
roil
29 (Contra Costa /
934429.1
Page 6 of 32
EZRA
4.04.0 -320 Board authorization of positions and
recognition of appointments. The Board shall authorize all
positions provided in this chapter and shall be advised on
all appointments to all such positions. (Ord. 168 §1 (Exh.
A (part)), 1989: Ord. 142 (part), 1980: Ord. 130 (part),
1978: prior code §4 -103)
[FORMERLY 4.04.0301
4.04.0430 Adoption of Government Code Section 31641.04
by reference. The provisions of Government Code Section
31641.04 are adopted by reference as if set forth in this
sections in full. (Ord. 187, 1993)
[FORMERLY 4.04.0401
Chapter 4.08
AFFIP41ATIVE AGTIGN EQUAL OPPORTUNITY
Sections:
4 .08.01 0 Affirmative a-e t i en.
4.08.010 Equal employment opportunity.
4.08.020 Prohibited conduct.
4.2-08.04 -30 Prehib to . Unlawful harassment.
4. -Z08.0 -Z40 Retaliation prohibited.
4.2-08.0 -350 Repert and iInvestigation.
4.08.0 -360 Dissemination of policy.
11100 WIN
roil
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Page 6 of 32
4.08.02-10 Equal employment opportunity. It is the
policy of the Sanitary District to:
A. Recruit, hire and /or promote for all job
classifications without regard to race, religion, color,
national origin, ancestry, marital status, age, sex gender,
sexual orientation, physical hanelieap or
mental disability, or medical conditions, consistent with
applicable state and federal law;
B. Base decisions of employment upon an individual's
qualifications as related to the position being filled;
C. Make promotion decisions en the based upon the
individual's qualifications as related to the requirements
of the position for which the employee is being considered;
D. Ensure that all other personnel actions such as
compensation, benefits, transfers, layoffs, returns from
layoffs, District - sponsored training, education, and
tuition assistance will be administered without regard to
race, religion, color, national origin, ancestry, marital
status, age, sex gender er nen jeb relate4, sexual
orientation, physical heap or mental disability, or
medical condition, consistent with applicable state and
federal law;
F3. e ors -rder all epees --ate —allT `pp - - - - -- - - --
€eliew h,,TMa„ beings — entitled —te —equal eensideratien and
treatment in every rte? peret,
implementing,
reperting, and auditing system that insuEes the maintenanee
and applieatie.Tr -v Distr et standards;
GE. When contracting for supplies or service, to
continue to do so without regard to race, religion, color,
national origin, ancestry, marital status, age, sex gender,
30 (Contra Costa / )
934429.1
Page 7 of 32
OWN 40--ail 11
In
4.08.02-10 Equal employment opportunity. It is the
policy of the Sanitary District to:
A. Recruit, hire and /or promote for all job
classifications without regard to race, religion, color,
national origin, ancestry, marital status, age, sex gender,
sexual orientation, physical hanelieap or
mental disability, or medical conditions, consistent with
applicable state and federal law;
B. Base decisions of employment upon an individual's
qualifications as related to the position being filled;
C. Make promotion decisions en the based upon the
individual's qualifications as related to the requirements
of the position for which the employee is being considered;
D. Ensure that all other personnel actions such as
compensation, benefits, transfers, layoffs, returns from
layoffs, District - sponsored training, education, and
tuition assistance will be administered without regard to
race, religion, color, national origin, ancestry, marital
status, age, sex gender er nen jeb relate4, sexual
orientation, physical heap or mental disability, or
medical condition, consistent with applicable state and
federal law;
F3. e ors -rder all epees --ate —allT `pp - - - - -- - - --
€eliew h,,TMa„ beings — entitled —te —equal eensideratien and
treatment in every rte? peret,
implementing,
reperting, and auditing system that insuEes the maintenanee
and applieatie.Tr -v Distr et standards;
GE. When contracting for supplies or service, to
continue to do so without regard to race, religion, color,
national origin, ancestry, marital status, age, sex gender,
30 (Contra Costa / )
934429.1
Page 7 of 32
sexual orientation, er nen 3eb rre,late physical handieap or
mental disability, or medical condition, consistent with
applicable state and federal law. (Ord. 168
§1(Exh. A(part)), 1989: Ord. 142 (part), 1980: (Ord. 114
(part), 1976: prior code §4 -202)
[FORMERLY - 4.08.0201
4.08.020 Prohibited Conduct. A. It is the policy of
the District that all employees shall not be subject to any
acts of unlawful harassment by any employee or other
person. It also is the policy of the District that members
of the public shall not be subject to any acts of unlawful
harassment by an employee of the District in the
performance of their duties.
B. It is the District's policy that all employees
are entitled to a workplace which is free of violence or
threats of violence. Therefore, it is the policy of the
District that any acts involving violence in the workplace
shall be subject to appropriate disciplinary action up to
and including termination.
4.-2-08.04730 Pr-ehibit-ed Unlawful Harassment. It is
against the District's policy for any employee or other
person to subject another employee or other person to
sexual harassment or harassment on the basis of race,
religion, color, national origin, ancestry, marital status,
age, sexual orientation, physical or mental disability,
medical condition, or any other basis prohibited by law.
A. Acts of sexual harassment, which are prohibited
by this policy, include but are not limited to: unwelcome
sexual activity e-€ directed toward another employee; a-Rd
other unwelcome verbal or physical conduct of a sexual
nature (e.g., lewd comments or gestures; idnwanted
intentional physical contact of a sexual nature; the
display in the workplace of sexually- suggestive objects or
pictures) when:
1.A-. Submission to such conduct is made either
explicitly or implicitly a term or condition of an
individual's employment; or
2.B-. Submission to or rejection of such conduct
by an individual is used as the basis for either special
treatment or for adverse employment decisions affecting
such individual; or
31 (Contra Costa
934429.1
Page 8 of 32
3.-DG.Such conduct has the purpose or effect of
unreasonably interfering with an individual's work
performance or creating an intimidating, hostile or
offensive working environment.
B. Acts of unlawful harassment on bases other than
sex, which are prohibited by this policy, include but are
not limited to: unwelcome verbal or physical conduct
because of a person's membership in a protected group
(e.g., epithets, slurs, derogatory jokes or comments,
display in the workplace of offensive or derogatory objects
or pictures) that has the purpose or effect of unreasonably
interfering with an individual's work performance or
creating an intimidating, hostile or offensive working
environment. (Ord. 168 §1 (Exh. A (part)), 1989: Res. 84-
023 (part) , 1984)
[FORMERLY - 4.28.0101
4.08.0 --40 Retaliation prohibited. A.
Retaliation against any employee for refusing a sexual
advance, for refusing a request, demand or subtle pressure
for sexual favors or activity, for reporting an incident of
possible sexual or other unlawful harassment to the
District, or for filing a charge of discrimination is alse
prohibited, and, if proven, shall subject the offending
party to appropriate disciplinary action. (Ord. 168 §1
(Exh. A (part)), 1989: Res. 84 -023 (part, 1984)
4.208.0 -350 Investigation. if anyene
telel immediately and f i by the -emp l e yee- thatt -�i�
„d••e} is eensi-dered - effensive. A. Any eentinued acts of
semi harassment or discrimination should be immediately
reported to a supervisor, bepartmen-t-manager, or eY____n='_
oar to the Human Resources Departme Division. After
i-n-ves t i g-a t i en,app reps a te-dis e ip d/ e r eerreetive
aetien will be instituted ag en-e - €enne }e have
vielateel this peliey. (Res. 84 023 (part), 1984)
B. All complaints of harassment or discrimination will
be promptly and objectively investigated. Appropriate
disciplinary action will be taken when the results of such
investigation warrant a finding of harassment or
discriminatory treatment.
4.080.0 -360 Dissemination of policy. In order that
the equal employment opportunity and affirmative aetien,
prohibited conduct, and workplace violence policies of the
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939929.1
Page 9 of 32
District are understood and known within the •nitres
which the Sanitary District Viate the following
activities have and will be undertaken:
A. The sections of the District this code on equal
opportunity, affi-riftti e aeti prohibited conduct,
harassment, and workplace violence will be made available
to all the individual employees of the Sanitary District.
B. Gepies e€ - the - Distrie affirmative __}____ r-1 -- 1,
will be maintained en permanently affixed bulleting bear
and -displayed in areas frequented by -substantial numbers e=
emp l e ym ent and -the -general pub l i e is m d
G. ^~ appr-epriate- eae,asiens-- spee -ial meetings wgym.
held €er -t ie- €ut-ure -- disseminatien and implementatien ef the
affirmative er-- �,°.^ti•ye aetinn nregram_
-DB. In advertising for District personnel, an equal
opportunity clause will be included. (Ord. 168 §1 (Exh. A
(part)), 1989: Ord. 142 (part), 1980: Ord. 114 (part),
1976: prior code §4 -203)
[FORMERLY 4.08.0301
Chapter 4.12
CLASSIFICATIONS
Sections:
4.12.010 Adoption of class descriptions and salaries.
4.12.020 Standards of establishing class of
employment.
4.12.030 Description of classifications.
4.12.040 Change of classifications.
4.12.050 Employment status.
4.12.010 Adoption of class descriptions and salaries.
Class descriptions covering all positions of District
employment, and a schedule of salaries for each position,
shall be approved, amended and adopted or abolished by the
Board of Directors. (Ord. 168 §1 (Exh. A (part)), 1989:
Ord. 152 (part), 1983: Ord 142 (part), 1980: prior code
§4 -301)
33 (Contra Costa —/—)
939929.1
Page 10 of 32
4.12.020 Standards of establishing class of
employment. Each class of employment shall include
positions sufficiently similar in respect to duties and
responsibilities so that the same descriptive title may be
used to designate each position allocated to the class.
The same qualifications and tests of fitness for
appointment and the same salary range shall apply. (Ord.
168 §1 (Exh. A (part)), 1989: Ord. 142 (part), 1980:
prior code §4 -302)
4.12.030 Description of classifications. Each class
description shall specify the general duties and
responsibilities and the desired qualifications for each
position in the class..; - -Hhowever, the description of
duties does not limit the authority of eithef the vGenefal
M f- Ghief Engineer er the Bear- District to assign
other duties or to direct and control the work of
employees. (Ord. 168 §1 (Exh. A (part)), 1989: Ord. 142
(part), 1980: prior code §4 -303)
4.12.040 Change of classifications. The Board may
amend or abolish a class and it may establish, amend or
abolish provisions relating to a class or positions within
a class. A copy of any revised or amended class
description shall be available for review in the p=Y__ n='
mien Human Resources Division. (Ord. 168 §1 (Exh. A
(part)), 1989: Ord. 142 (part), 1980: prior code §4 -304)
4.12.050 Employment status. The District employs
persons in four different kinds of status. These are
temporary, permanen regular - probationary, periftanent
regular and cr______=„*- regular part -time. (Ord. 168 §1
(Exh. A (part)), 1989: Ord. 142 (part), 1980: prior code
§4 -305)
Chapter 4.16
EXAMINATIONS AND APPOINTMENTS
Sections:
4.16.010 Examinations
4.16.020 Grounds for disqualification.
4 . 1 -6.030 Appeal in ease - -ef ,a_sq , , ; f; „ t; e _
4.16.0-4-30 Grading standards.
34 (Contra Costa / )
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4.16.0 -540 Medical report.
4.16.0 -650 Duration of eligibility list.
4.16.0 -760 Removal from eligibility list.
4.16.0$70 Appointments.
4.16.0 -480 Temporary appointments.
4.16.4 78090 Special emergency appointments.
4.16.44100 Provisional appointments.
4.16.34110 Delegation of authority.
4.16.4120 Probationary period.
4.16.4 74130 Limits to appeal rights.
4.16.010 Examinations. A. Except for those Board -
appointed positions identified in Section 4.16.- 9"070(A),
the District shall hold an examination(s) to establish an
eligibility list for appointments to each class of position
to be filled.
B. The examination shall be oral or written or a
demonstration of physical ability or skills or any
combination thereof. Each examination shall test
objectively the skills, knowledge and ability necessary for
the position to be filled.
C. Examinations are categorized as follows:
1. Personnel Advancement Examination(s). The
District shall provide a personnel advancement procedure to
allow employees who qualify to advance to a designated
higher level, nonsupervisory position for those classes
where the personnel advancement policy is in effect.
2. Open /- Promotional Examinations. In the case
of positions other than those identified in Section
4.16.0"070(A), as being Beard appeinted, open /- promotional
examinations will take place when, (a) no current
eligibility list exists and /or the personnel advancement
procedure is not in order and, (b) when it is determined
�t
that there is a need to fill such positions, and (c) when
there e'r a a r e—a at least f e'u r qi -,TCR l i f i e'O.Z ''"1 J"l r i e t permanent
emp 9-'yze•es 6r five --Efua mTeca -rs--c -rrEt permanent m r,.• .• ,••,, _ _
,uppert, eenf }fleati 1 empleyees whe are eurrently eeeupyinq
fer sueh pesi -t -lens, (,a) that the— eandidate seleetieir
uu%.i i ic.. - I �1 411J 1\. %,�ALLJ✓vi u i I c ILLJN iv Jcc. ILL "J ". N. ,v %- CA 'I'-
-'a}ie„ the vacancy is not to be filled as part of the
District's trainee program, and (d) when the vacancy is not
filled by a lateral transfer.
35 (Contra Costa _/—)
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3. Gpe Ex.,,.,; ,t;en . if the pn;itie ,r (,_ _)
eannet be - l=eersing the - examinatien eategewes set eut
in subsseEti6 and (2) ei thus- seeti-en, examinatielis
shall be held en an epen basis.
An epe__, ex a inatien and the resulting ligi slit
list- may involve- moist -iet persennel and- er faembers ef the
general publie .
43. Special Appointments. In the case of Board -
appointed positions, as defined in Section 4.16.- 0"070(A),
the Bearel will make - a- deteziftinatrear -ef metheae_
exafftinatien and appointment shall be made on a case -by -case
basis. (Ord. 168 §1 (Exh. A (part)), 1989: Ord. 152
(part), 1983; Ord. 149 (part), 1981; Ord. 148 (part), 1981:
Ord. 142 (part), 1980: prior code §4 -401)
4.16.020 Grounds for disqualification. The District
may refuse to examine, or after examination may disqualify
-ft any applicant, or it may remove his or her name from an
eligibility list, on any of the following grounds:
A. That the applicant does not meet the minimum
qualifications of the position;
B. That the applicant does not successfully pass
each part of the examination procedure;
C. That a physical handicap, m -dieal eendtreRe�
m -dieal disablefrtent -whieh or disability makes a person
unfit unable to perform the essential duties of the
position and reasonable accommodation as required by law
cannot be made by the District;
D. That a documented history of behavier conduct
which when considered in the light of the particular duties
of the position applied for renders the person unfit to
perform the duties. (Ord. 168 §1 (Exh. A (part)), 1989:
Ord. 142 (part), 1980: prior code §4 -402)
4.16.0430 Grading standards. To qualify for
appointment, an applicant must pass each part of an
examination. Examinations shall be prepared consistent
36 (Contra Costa —/—)
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Page 13 of 32
. .
ET ft-
I .
...
4.16.0430 Grading standards. To qualify for
appointment, an applicant must pass each part of an
examination. Examinations shall be prepared consistent
36 (Contra Costa —/—)
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Page 13 of 32
with Section 4.08 -.010 4.16.010. The District shall
establish the standards for grading an examination, prior
to its administration, giving consideration to the kind of
examination, number of candidates, and the needs of the
District. The grading of an examination shall be under the
supervision of the
superv±sienef an apprepriate superviser Human Resources
Division. (Ord. 168 §1 (Exh. A (part)), 1989: Ord. 142
(part), 1980: Ord. 134, 1978: prior code §4 -404)
4.16.0 §40 Medical report. A. Each candidate for
appointment shall be subject to a medical examination and
report by a licensed physician selected by the District.
The purpose of the medical report is to establish the
physical fitness of prospective employees for the position
offered. The District will pay the cost for the initial
medical examination and required report. The examination
shall be conducted within one month prior to appointment.
(Ord. 168 §1 (Exh. A (part)), 1989: Ord. -142 (part), 1980:
prior code §4 -405)
B. External candidates for appointment also shall be
required to be tested for alcohol or illegal substances. A
positive test result is grounds for disqualification from
consideration for employment.
4.16.0 §50 Duration of eligibility list. An
established list shall be effective for ene —year six months
unless depleted or extended by the District, but in no
event shall an extension of the list exceed two year&
twelve months. The District may abolish or extend any
eligibility list with approval of the General Manager.
(Ord. 168 §1 (Exh. A (part)), 1989: Ord. 142 (part), 1980:
prior code §4 -406)
4.16.0 -760 Removal from eligibility list. The District
may remove the name of a person from an eligibility list
for any cause set forth in Section 4.16.020 or for the
following:
A. Failure to respond to notice within five days
after the District (1) receives verification of receipt of
certified mail, or (2) determines that the individual
cannot be located after making a reasonable effort to do
so;
B. Request by
from the eligibility
C. Refusal by
regular appointment
applicant that his /her name be removed
list;
the applicant
offered by the
37
to accept a permanent
District. (Ord. 168 §1
(Contra Costa —/—)
934429.1
Page 14 of 32
(Exh. A (part)), 1989: Ord. 148 (part), 1981: Ord. 142
(part), 1980: prior code §4 -407)
4.16.0470 Appointments. A. Management level
positions, including but not limited to, department
directors and division managers, and the finanee, persennel
and r . has g effieers are Board- appointed positions, and
such appointments shall be so adopted by resolution.
B. The District shall make all other staff level
appointments from the appropriate District eligibility
list. The- appeintfaent may be effered to ene-ef the three
eandidates- having event highesist-anding en the
eligibility list. T f eligibility list has less
than — three - eand-dates refftnining en the list; pp_-nt -nt
may be eff er edte- the remaining e re-e = t e: l, g; b l ,.
e- andi- ate- s-- er the --list --- �^ - r" - e-ab e lish ed. if an e1- g - - - - - --1
list rs- net - available, tThe District may either make a
temporary appointment, an emergency appointment, or a
provisional appointment as provided in Sections
4.16.0-98080, 4.16.448 -9090 and 4.16.34 -9100. (Ord. 168 §1
(Exh. A (part)), 1989: Ord. 152 (part), 1981: Ord. 142
(part), 1980: prior code §4 -409)
4.16.0 -980 Temporary appointments. The District may
from time to time require the services of temporary werk
ferees personnel to perform those duties and
responsibilities normally performed by existing personnel.
A temporary appointment is limited to twelve months, except
as specified in memoranda of understanding and does not
qualify the appointee for the retirement plan, the
insurance plans, vacation and sick leave allowances, or
other employment rights and benefits ineliading these
defined in Seetien 4.1-6.1 made available to regular
employees of ether The Board may establish a
rate of compensation for a temporary employee different
from that of a permanent regular employee.
A. The Board may create specific temporary classes
at their discretion with compensation and benefits to be
determined by the Board. (Ord. 168 §1 (Exh. A (part)),
1989: Ord. 152 (part), 1983: Ord. 142 (part), 1980: Ord.
110 §1, 1975: Ord. 55 (part), 1964; prior code §4 -411)
4.16.48090 Special emergency appointments. If the
District finds that there is a threate iii threat of a work
stoppage of pubiie business, it may make an emergency
appointments effective for a period of ninety working days.
Ar Any appointee may receive not more than two successive
38 (Contra Costa / )
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Page 15 of 32
emergency appointments for an effective total combined
maximum appointment period of one hundred eighty working
days. A special emergency appointee shall be considered a
temporary employee as described in Section 4.16..38080.
Such appointments are considered additional positions, and
shall be confirmed by the Board at ea-r-lrest pessible
eenvenienee as soon as is reasonably possible after the
appointments are made by the District. (Ord. 168 §1 (Exh.
A (part)), 1989: Ord. 152 (part), 1983: Ord. 142 (part),
1980: Ord. 138 (part), 1978: Ord. 110 §2, 1975: prior
code §4 -412)
4.16.4 100 Provisional appointments. The District
may appoint an existing employee to a vacated aiat er z�'
position, on a provisional basis, for a period generally
not to exeeed less than thirty days nor more than el*
nit i urati-ei� one year regardless of whether -Tthe
appointed employee may er Fftay net be is on an established
eligibility list for that position. The provisional
appointment does not grant to any individual so appointed
any permanent rights to the position or relinquish any
rights to that the position held by the employee prior to
such appointment. (Ord. 168 §1 (Exh. A (part)), 1989:
Ord. 152 (part), 1983: Ord. 142 (part), 1980: Ord. 138
(part), 1978: Ord. 110 §3, 1975: prior code §4 -413)
4.16.3110 Delegation of authority. The Board
delegates to the General Manager- Ghi-ef Engineer the
authority to conduct employment and personnel- related
activities, including but not limited to those matters
covered by Sections 4.12.030, 4.16.010, 4.16.020,
4.16.448030, 4.16.050, 4.16.060, 4.16.070, 4.16.080$,
4.16.090, 4.16.100, 4.16.110 and 4.16.130. (Ord. 168 §1
(Exh. A (part)), 1989: Ord. 152 (part), 1983: Ord. 142
(part), 1980: Ord. 138 (part), 1978: Ord. 112 §1, 1995:
Ord. 110 §4, 1975: prior code §4 -414)
4.16.3-3120 Probationary period. A. Each person
appointed to a permanent regular or regular part -
time position shall serve a probationary period which shall
not be less than six months nor more than twelve months of
actual time served in that position. During the probation
period, an employee may be dismissed witheut eause at any
time and for any reason not otherwise prohibited by law by
either the Board or the General Manager- Ghi-ef Engineer with
the appreval ef the Beard. This discharge is at the sole
39 (Contra Costa _/—)
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Page 16 of 32
discretion of the District with no recourse under the
grievance or appeals provision.
B. If a promoted, perm____„} regular employee is
found to be unable to adequately perform under the
inerease reerensibi_ity the duties of the new position
during the probationary period, the employee may demote
back to the previously -held position. (Ord. 168 §1 (Exh. A
(part)), 1989: Ord. 142 (part), 1980 Ord. 110 §5, 1975:
prior code §4 -415)
4.16.4.4130 Limits to appeal rights. An employee
having an employment status as provided in Sections
4.16.838080, 4.16.3 - 0-8090 or 4.16.438120 shall not have the
rights of appeal to the Board in case of a suspension,
demotion or dismissal. (Ord. 168 §1 (Exh. A (part)), 1989:
Ord. 152 (part), 1983: prior code §4 -416)
Chapter 4.20
LAYOFFS
Sections:
4.20.010 Grounds for layoff.
4.20.020 Preference where position is reestablished.
4.20.030 ?ayef fbyEl- isplae-ementProcedures for
determination of layoff.
4.20.040 Seniority.
4.20.010 Grounds for layoff. A. Any employee(s) may
be laid off when the position(s) is no longer necessary, or
for reasons of economy, or lack of work, or lack of funds,
or if the position can be consolidated with another
position, or for such reason(s) that the Board of Directors
deems sufficient for abolishing the position(s).
B. Bewever, =In the case of consolidation of
positions, the salary range for the higher classification
may prevail when an employee is currently occupying that
consolidated position. (Ord. 168 §1 (Exh. A (part)), 1989:
Ord. 142 (part), 1980: prior code §4 -501)
4.20.020 Preference where position is reestablished.
If the Board abolished a position and within two years of
abolishment, either: (1) reestablishes the position, or
(2) creates a new position which involves substantially the
40 (Contra Costa / )
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same or comparable duties and responsibilities previously
performed, or (3) approves of a positional classification
previously occupied or at a lesser classification level
with qualification requirements and experience possessed by
the person laid off, the person who occupied such position
before it was abolished shall have preference on the
eligibility list created for such position. (Ord. 142
(part), 1980: prior code §4 -502)
4 .2 0.03 0 Laye f f by -dip eefftentProcedures for
determination of layoff. A. In Same Class.
1. When a reduction in force becomes necessary,
layoff shall be accomplished in inverse order of total
District seniority within the affected class except as may
be provided by applicable federal or state regulations.
For purposes of this rule, total District seniority shall
be defined as in Section 4.20.040. An employee's tenure in
a class is his /her length of service in that classification
and service in any higher classification.
2. Before any permanent regular employee in an
affected class is laid off, all appointees working in
affected classes in the same department under emergency,
temporary, or probationary appointments shall be separated
from District employment.
3. Any employee subject to layoff as a result
of being in a promotional probationary status in a new
department may be allowed to demote in lieu of layoff to
the employee's former classification and department as
identified in the organization chart.
B. Demotion to Lower Class. An employee in a
classification affected by a reduction in force may, in
lieu of layoff, elect to demote to a lower classification,
provided that such employee had held tenure in the lower
classification. When both the employee demoting and the
employee in the lower paying class have equal total
District service, the employee in the lower paying
classification would be laid off or demoted first.
Reduction in force or demotion in lieu of layoff in one
department shall not affect employees in another
department.
C. Notification of Layoff. Notice of layoff shall
be given to all biit- employees, except temporary and
emergency employees, at least thirty calendar days prior to
the effective date of layoff.
D. Duration of Reemployment List. Names of persons
laid off shall be carried on a reemployment list for
twenty -four months. If, after a layoff, the working force
41 (Contra Costa _/—)
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Page 18 of 32
is increased, the District shall offer each appointment
from the established reemployment list in reverse order of
layoff, hiring the most recently laid off first. Persons
appointed to permanent regular positions of the same
classification and status as previously held, shall be
dropped from the list. Persons reemployed in a lower
classification or on a temporary or part -time basis shall
be continued on the list for the higher r____. -__c„} regular
position. Any person rejecting an offer of reemployment to
a previously held regular position of the same
classification and status shall be dropped from the list.
Any person who does not respond within five working days to
a certified letter offering such employment shall be
dropped form the list, unless a sufficient reason is given.
(Ord. 148 (part), 1981: Ord. 142 (part), 1980: prior code
§4 -503)
E. A decision by the District to engage in a layoff
shall not be subject to appeal.
4.20.040 Seniority. An employee's seniority at the
District is based upon total length of continuous service
in the District's employ in other than temporary employment
status, regardless of position or class. A layoff, Bead
an authorized medical leave of absence, leave authorized
under Family and Medical Leave Act or termination and
subsequent reemployment within a six -month period is not
considered a break in continuous service, and therefore,
can be used to bridge two interrupted periods of District
employment; however, the break in service time is not
computed in total seniority. Ord. 168 §1 (Exh. A (part)),
1989: Ord. 142 (part), 1980: prior code §4 -504)
Chapter 4.24
EMPLOYER - EMPLOYEE RELATIONS
Sections:
4.24.010 Policy.
4.24.020 Employee rights.
4.24.030 Representation unit — General provisions.
4.24.040 Certification of employee organization.
4.24.050 Modification of established representation
unit.
4.24.060 Decertification of employee organization.
42 (Contra Costa /
934429.1
Page 19 of 32
4.24.070 Individual employees.
4.24.080 Validity.
4.24.090 Employees meeting on District time.
4.24.100 Meet and confer process.
4.24.110 Administration of employer /employee
ordinance.
4.24.010 Policy. A. in the interest the p blie,
the empleyees, anel the It is the policy of the
Sanitary District te premete seidnel persennel management, to
establish uniform procedures for its employees, whether-
individually er in ergan±za-tien, to participate in the
process of = ___________a' ien tewa_,`, establishing meeting and
conferring regarding wages, hours and other terms and
conditions of employment, and to provide the means for
amieable discussion and adjustme resolution of matters of
mutual interest, with the intent of fostering harmonious
employer /employee relations. and in with state
,as eurrently in e €eet er as aftended —in the future.
B. Teward aehieving these ebjeetives, tThe
employer /employee-& policies and procedures set out in this
chapter are Thiese shall be used in determining
representation units, recognizing employee organizations,
resolving disputes and governing employee organizational
activities on District property and District time. ire
empleyee er greup- eTempieyees er erganiz'zatien shall fell
any ether pEeeedure- -ether than hese set fefth in this
eh3p 'te'i`'ezi- matters '-pertaining t... emr - _, l' e - . e=`_:r - .. j' e e
r— iat-rens. (Ord. 168 §1 (Exh. A (part) ), 1989: Ord. 150
(part), 1982: prior code §4 -701)
4.24.020 Employee rights. A. Each employee of the
Sanitary District, except elected officials, and the
General Manager -Ghi-ef Engineer, District Counsel and
Secretary of the District shall have the following rights:
1. To form, join and participate in the
activities of employee organizations for the purpose of
representation on all matters ef emgiey a _elati..__a matters
of wages, hours and working conditions.
B. No employee shall be interfered with,
intimidated, restrained, eeereed,, —er di Seri mi nat=a against
subjected to intimidation, restraint, coercion or
discrimination because of exercising these employee rights.
(Ord. 168 §1 (Exh. A (part)), 1989: Ord. 150 (part), 1982:
prior code §4 -703)
43 (Contra Costa —/—)
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4.24.030 Representation unit - General provisions. A.
For the purposes stated in this chapter, the District Board
of Directors shall establish appropriate representation
units based upon the breade st internal and occupational
community of interest, history of representation, the
effect of the unit on efficient operation of the District,
and sound employer - employee relations, subject to the
following limitations:
1. No District classification and no employee
shall be included in more than one representation unit.
2. The following classifications are designated
as executive management positions:
General Manager - ref Engi
Counsel for the District
Secretary of the District
3. The management group of employees shall represent
themselves in matters of wages, benefits and working
conditions with the Board of Directors and shall not be
included in the same representation unit with nonmanagement
employees or management support /confidential employees.
Classifications within the unit are adopted by resolution
of the Board of Directors.
4. The management support /confidential
representation unit is recognized as the bargaining unit
for all management support and confidential employees. and
mManagement support and confidential employees are defined
as professional employees, confidentially- designated
employees, or employees in a supervisory or superintendent
position. Management support and confidential employees
shall not be included in the same representation unit with
nonmanagement or nonconfidential employees.
Classifications within this unit are adopted by resolution
by the Board of Directors.
5. Professional employees shall may be included
in a representation unit with nonprofessional employees
unless, in a vote of all affected professional employees, a
majority of such professional employees voting in a secret
ballot election vete choose not to be included in such a
unit. Certification of employee organizations representing
a unit composed of professional employees shall follow the
provisions of Section 4.24.040.
6. The Central Contra Costa Sanitary District
Employees' Association, Public Employees' Union, Local
Number I One currently is recognized as the bargaining unit
44 (Contra Costa _/—)
934429.1
Page 21 of 32
for all general employees other than those assigned to
other representation units.
B. The administrative department- Director of
Administration or his /her designee, using the criteria set
forth in this chapter, shall make the initial determination
of all questions that may arise as to whether
classifications or employees included in a representation
unit are in fact management, professional, management
support /confidential employees, or general employees. Any
action of the aelm_n__trati . _ department Director of
Administration or his /her designee in determining issues
contained in this section which are not satisfactory to the
employee organization(s) shall be resolved in the meet and
confer process and where that process fails, through the
State Conciliation Service as described in Section 3507.1
of the Meyers - Milias -Brown Act. (Ord. 168 §1 (Exh. A
(part)), 1989: Ord. 150 (part), 1982: prior code §4 -704)
4.24.040 Certification of employee organization. A.
An employee organization may be certified as the exclusive
representative of a representation unit for the purposes
stated in this chapter.
B. Any employee organization Meet- the felle =ng
reqdirrefftents may petition,- in writing,- during the
month of October eliaring of the final year of a memorandum
of understanding to represent the employees in a
representation unit as established in Section 4.24.030 e-r-
Seetien 4.24.050. These req ^t-are to At the time
the petition is filed, that employee organization must meet
the following minimum requirements and the petition must be
filed with the administrative department Director of
Administration or his /her designee in a written statement
of representation signed by the presiding officer of the
employee organization, ands hall smote, _=rtif _nd/ r
�s
inelude —the fe l le .. __ g
1. The name and address of the organization and
the names, titles and addresses of its current officers;
and
2. A statement -Tthat the employee organization
is or is not a chapter or local of, or affiliated directly
with, a regional, state, national or international
organization, and if so, the name and address of each such
regional, state, national or international organization;
and
3. A copy of the employee organization's
adopted constitution and /or bylaws; and
45 (Contra Costa / )
934429.1
Page 22 of 32
4. statement t mt t the erganizatien 1,
r..
tee- -grip ameng- striet empleyees; and
-54. A statement T-that the organization has no
restriction on membership based on race, color, creed,
national origin, sex, age, gender, sexual orientation or
physical handicap; -ems eligible - p - s ° en -
in any
classification contained within the representation unit;
and
-65. A statement, aeeempanied by written pree€;
that - the -emp 1-e yee erganizatien - has i n its r e- ---- -- n
written pree€, I - dated within -thirty ealenelar - days -ef p= -=r
to the date- up en^on- h i eh- the p etit en is filed, e
establish that thir owe -per e ente f the = _ = g i b I
emp ie � _ w thin- he- rpm es•e t ti-6r- n-rr? t have designated
the - empieyee- erganizati-en to represent them in their
r
emp ie yee- re-l-a t i-ens -with the -Di stri°t . Sueh written e " c f
shall be r -
submitted -- fe-r - G-ez6n — te— the — administrative
department .Written proof in the form of a signed
petition by employees within the Representation unit, dated
within thirty (30) calendar days prior to the date on which
the petition is filed, to establish that at least thirty -
five percent (35 %) of the eligible employees within the
Representation unit have designated the employee
organization to represent them in their employee relations
with the District.
C. The Board of Directors shall direct the staff to
require holder a secret ballot election conducted by the
State Conciliation Service, or under other terms as
mutually agree upon by the District and all employee
organizations eeneerned involved. This secret ballot
election must be held no sooner than twenty calendar days
after the final determination of the appropriate
representation unit or units, and not more than forty
calendar days after such determination. This time period
may be extended by the mutual agreement of the District and
all employee organizations involved. The District and the
employee organizations concerned shall meet and confer on
the procedures for conducting an election by eligible
employees. Such employee elections shall be held within an
established representation unit to determine majerit
ise_ xegarding the choice of an employee organization, or
to resolve conflicting claims to representation, upon
petition by thirty -five percent or more of the eligible
employees in an established representation unit. In any
representation election, the choice of no organization
shall be on the ballot unless there is a runoff election.
46 (Contra Costa / )
934429.1
Page 23 of 32
1. In an election where none of the choices
receives a majority of the valid ballots cast, a runoff
election shall be conducted between the two choices
receiving the largest number of ballots cast. This
election shall be held within thirty days of the prior
election.
2. e-Except as provided above for runoff
elections, -Tthere shall be no new certification elections
in a twelve menth pe__eel within - the same repro- -ntatien
for a period of one year following any such election
under this section.
3. An employee organization reeeiving which
receives a majority of the valid votes cast in a
representation election and which has ^the rw se met all of
the minimum qualifications as stated in paragraphs 1
through 6 of subsection B of this section, shall be
certified by the Board of Directors as the certified
employee organization for the established representation
unit.
D. A decision of the Board of Directors dismissing a
claim for certification by an employee organization
pursuant to the chapter shall be valid and effective for a
period of one year. (Ord. 168 §1 (Exh. A (part)), 1989:
Ord. 150 (part), 1982: prior code §4 -705)
4.24.050 Modification of established representation
unit. A. A petition for modification of a representation
unit ma -y-must be filed with the ae'TMinistrati _ _ elep rtmen
Director of Administration or his /her designee between
Oeteber ' and Geteber 31 e€ during the month of October of
the final year of a memorandum of understanding. A
petition for modification of a representation unit may be
filed by a group of employees in a representation unit.
Such petitions must contain the signatures of fifty -one
percent or more of the employees in any proposed
representation unit.
B. Such petition shall be based upon the
factors set forth in 4.24.030, or shall be based upen on
substantial changes in District functions, organizational
structure or job classifications.
C. Such petition shall describe the proposed
modified representation unit based upon the classes within
the classification plan of the District and shall set forth
the reasons for the proposed modification.
D. The ,e'TM____strat_ _ e dep TM
`}`r} Director of
"r
Administration or his /her designee, using the criteria set
forth in this chapter, shall determine if the
47 (Contra Costa / )
934429.1
Page 24 of 32
representation unit should be modified. Any action of the
aelministrative - departme Director of
Administration or his /her designee in determining if a
representation unit should be modified may be contested by
the employee organization(s) involved and may be subject to
the meet and confer process and ere that preys fails
threugh . If necessary, the parties may seek the
assistance of the State Conciliation Service p-r pursuant
to Section 3507.1 of the Meyers - Milias -Brown Act. (Ord.
168 §1 (Exh. A (part)), 1989: Ord. 150 (part), 1982:
prior code §4 -706)
4.24.060 Decertification of employee organization.
A. A decertification petition alleging that the incumbent
a current certified employee organization no longer
represents a majority of the employees in an established
representation unit may be filed with the administrative
eleparme Director of Administration or his /her designee
- -ter"- - "'- "-
after the incumbent organization has been recognized for at
least one full year. Such petition must be filed with the
aelministrative department Director of Administration or
his /her designee when the term of during the month of
October of the final year of a memorandum of understanding
has less than ene hundred twenty days and mere than ninety
days remaining. Such a decertification petition shall then
contain the following information and documentation:
1. The name of the established representation
unit and of the incumbent certified employee organization
sought to be decertified as the representative of that
unit;
2. An allegation that the incumbent certified
employee organization no longer represents a majority of
the employees in the unit and any other relevant and
material facts relating thereto;
3. Written Pproof of employee support, dated
within thirty (30) calendar days prior to the filing of the
petition, that at least thirty -five percent of the current
employees in the unit no longer desire to be represented by
the incumbent certified employee organization;
4. When the decertification petition also
requests certification of another organization, then that
petition shall include those requirements as set forth in
Section 4.24.040B(1) through ( -65).
B. Upon receipt of a decertification petition, the
aelf ; ~ stEa .; department Director of Administration or
his /her designee shall place the matter on the agenda of
the next regularly - scheduled meeting of the Board of
48 (Contra Costa _/—)
939929.1
Page 25 of 32
Directors, or as soon thereafter as is reasonably possible.
If the employee petition is found to be valid, then the
Board shall wee direct District staff to arrange a
secret ballot election by State Conciliation Service. The
majority representative shall be decertified if the results
of a secret ballot election show that employees of the unit
no longer desire representation by that organization, as
indicated by the vote for "no organization" or another
recognized organization, as specified in the voting
criteria cited in Section 4.24.040. In the event of a tie
vote, the incumbent certified employee organization shall
not be decertified. The results of the election become
binding and final.
C. A notice of decertification shall be sent by
certified mail by the aelministra} -__ department Director of
Administration or his /her designee whenever an employee
organization is voted to be decertified by a majority of
the voting employees. The notice shall be delivered to the
last known officer(s) of the employee organization.
D. In the event the incumbent employee organization
is decertified, the decertification shall not negate the
terms of the then - existing memorandum of understanding
between the District and that organization.– a-- aAcceptance
of the terms of such a memorandum of understanding shall be
a condition required by the Board of Directors in granting
recognition to a new organization as the certified employee
organization for the representation unit. (Ord. 168 §1
(Exh. A (part)), 1989: Ord. 150 (part), 1982: prior code
§4 -707)
4.24.070 Individual employees. Nothing in this
chapter shall be construed to restrict or in any way modify
the right of an individual employee to present matters
involving his /her employment relationship with the
District. (Ord. 168 §1 (Exh. A (part)), 1989: Ord. 150
(part), 1982: prior code §4 -708)
4.24.080 Validity. A. Nothing contained in this
chapter shall be deemed to modify or abrogate existing
legal rights and responsibilities of the District or its
employees or employee organizations, te- the extent they a__
geverneel by lai F.
B. If any part or section of this chapter is found
to be contrary to existing law or laws subsequently adopted
by any court of proper jurisdiction, the remainder shall
not be affected thereby. (Ord. 168 §1 (Exh. A (part)),
1989: Ord. 150 (part), 1982: prior code §4 -709)
49 (Contra Costa _/—)
934429.1
Page 26 of 32
4.24.090 Employees meeting on District time. A.
District employees shall be allowed to attend meetings held
by the District during regular working hours on District
time only under the following circumstances:
1. If their attendance is required at a
specific meeting by District management;
2. If their attendance is sought by the hearing
officer for presentation of testimony or other reasons;
3. If they are designated as an officer, shop
steward or member representative, in which case they may
utilize a reasonable time at each level of the proceedings
to assist an employee in processing a grievance, but at all
times must inform their immediate supervisor when leaving
and upon returning to work. The District may deny such
requests if another representative has been released from
work for the same purpose.
B. In addition, official representatives of a
certified employee organization(s) shall be allowed time
off on District time fer TM_=tii -g during regular working
hours when formally meeting and conferring in good faith e-r
eensialting— with ers -t r i e t r ep ie s entatz=oie (s-)—on matters
within the scope of representation; provided, that the
number of such representative(s) shall not exceed four and
that advance arrangements for the time away from his /her
work station or assignment are made with the appropriate
supervisor.
C. When formally meeting and conferring in good
faith, District Board representatives shall not exceed four
members.
D. Employees who, during the course of their workday
are required to accommodate association - related business,
shall report that time on their timesheet in an established
employee relations account. (Ord. 168 §1 (Exh. A (part)),
1989: Ord. 150 (part), 1982: prior code §4 -710)
4.24.100 Meet and confer process. A. If a written
request to meet and confer is presented to or from an
employee representative unit or to or from the District
Board representatives, the two groups shall meet and confer
in good faith at a reasonable time and place in regard to
matters relating to wages, hours and terms and conditions
of employment. Each group shall consider with epen and
flexible 'rods in good faith all proposals presented;-
Hhowever, meeting and conferring in good faith does not in
any way obligate either party to make concessions or agree
to proposals.
50 (Contra Costa _/—)
939929.1
Page 27 of 32
B. If agreement is reached between Board
representative(s) and representatives of the employee
unit(s), they shall jointly prepare and sign a wfitten the
terms of a proposed memorandum of understanding, which
shall not be binding on either party. The employee
representative(s) shall submit the terms of the proposed
memorandum of understanding to his /her membership for
ratification prior to presenting it to the Board of
Directors of the District for consideration. Upee
affirmative aetien of The memorandum of understanding only
shall become effective upon its approval by the District
Board of Directors. th eFttertera-ndum efunderstand47no — €Ar- 44q-
uneterstanela:ng. Meet and eenter elees net require The Board
of Directors are not required to agree to any prepesal
submitted -ins proposed written memorandum of understanding
reed- red -bet seen the -Di s triet and le ye e -rep r-es enta t i e n
C. If any provision of this title directly conflicts
with a subsequently negotiated provision of a memorandum of
understanding, the memorandum of understanding shall
prevail.
ED. Upon written notification by either party that
negotiations are deadlocked, the involved parties may
mutually agree upon the designation of a mediator, who
shall then conduct pritea}= mediation sessions with the
parties in an attempt to resolve the impasse. Unless
ewe ise- agreed te,If the involved parties cannot mutually
agree to the designation of a mediator, then mediation
shall be conducted by the Galifernia Di-visien of
Geneiliatien ewe- Departmentef industrial Relatzens, &r
as therwise- designated i-n pursuant to Government Code
Section 3507.1 or any other superseding law statute.
DE. Costs of mediation shall be divided one -half to
the District and one -half to the recognized employee
representation unit participating in the mediation. (Ord.
168 §1 (Exh. A (part)), 1989: Ord. 150 (part), 1982:
prior code §4 -711)
4.24.110 Administration of employer /employee
ordinance. A. The District's administrative department
Director of Administration or his /her designee shall be the
District's principal representative and spokesperson in all
matters covered under this chapter and shall have the
authority to administer or delegate the administration of
the provisions therein.
51 (Contra Costa _/—)
931129.1
Page 28 of 32
B. The rights of the District include, but are not
limited to, the exclusive right to determine the missions
of its constituent departments and divisions; set standards
of services; determine the procedures and standards of
selection for employment and promotion; direct and assign
its employees; require overtime, when necessary, for
operations of the District; take disciplinary action;
direct, classify and assign its employees; relieve its
employees from duty because of lack of work or for other
legitimate reasons; maintain the efficiency of District
operations, including, but not limited to, the contracting
and subcontracting of production, service maintenance or
other type of work performed by the District; determine the
methods, means and personnel by which District operations
are to be conducted; determine the content of job
classifications; take all necessary actions to carry out
its mission in emergencies; and exercise complete control
and discretion over its organization and the technology of
performing its work; provided, however, that the exercise
of such District rights shall not conflict with the express
provisions of this chapter or applicable laws.
1. The rights, powers and authority of the
Board of Directors of the District in all matters,
including the right to maintain any legal action, shall not
be modified or restricted by this chapter.
2. The provisions of this chapter are not
intended to conflict with the provisions of Chapter 10,
Division 4, Title 1 of the Government Code of the state
(Sections 3500, et seq.), as amended.
C. Netking in this seetie shall be eenstrued to
give -emp l eye e s the right to -tee
-I-. Any employee who encourages, causes or
participates in any unlawful strike, walkout, stoppage,
slowdown or impeding of work, or any other concerted
interference with the conduct of the District's operations,
shall be subject to immediate discharge or other discipline
at the sole discretion of the District;— Hhowever, nothing
in this section precludes the employee from exercising any
rights of jiidieialTeview appeal under an applicable
memorandum of understanding.
2 . Nething - in -this see tier- shall be eenstrued
to give the Distri et the right t e leek e try -emp 1-e ye e s The
to r-Fft "Ie e keut" de e s -net apply t e rredae tree =ire ree ,
reerganizatien, ehange -in staffNegriremts, individua=
►�.r. ers�ss_ _
52 (Contra Costa —/—)
934429.1
Page 29 of 32
The — p_- =-- iens ref this seetien shall --net be deemed to
preelraverte be a eenditien preeed
any and all f ems- -e f equitable anel legal r e 1 i e f by the
District in the event ef sueh eeneerteel aetien.
D. With the exception of those meetings referenced
in Section 4.24.090, a certified employee organization
represent-atien unit shal-I may, with prior notice to and
approval of the Director of Administration or his /her
designee, hold no more than two meetings per year during
normal working hours of the District. Meetings referenced
in this section shall only take place at the era of the
werkday, that is,- four p.m. unless the District and
employee organization otherwise agree to a mutually
acceptable time. If the meeting is to be held on District
premises, they then must comply with the scheduling
requirements of the area in which they propose to have
their meeting.
E. Certified employee organization(s) and
representative unit(s) shall be allowed to use designated
portions of bulletin boards in public portions of District
buildings provided that the information displayed is within
the scope of representation, is not offensive, obscene, or
profane, and that the responsible party appropriately posts
and removes the information.
F. Representative(s) of a certified employee
organization(s) or representative unit(s) shall be allowed
reasonable access to work locations to discuss employee -
related matters. The representative,
represented emp l e ye e (s) within a re a-s e 4 e -tiffte. The
representative shall first notify the designated District
representative in advance of the need for such access,
shall not interfere with any work activities, and shall
comply with all safety rules and regulations in effect at
that work location.
G. Representative(s) of a certified employee
organization(s) or representation unit(s) shall be
permitted to place a supply of literature at specific
locations in District buildings if arranged in advance with
the administrative department Director of Administration or
his /her designee and provided such materials are not
offensive, obscene, or profane. (Ord. 168 §1 (Exh. A
(part)), 1989: Ord. 150 (part), 1982: prior code §4 -712)
53 (Contra Costa / )
939929.1
Page 30 of 32
4.28.010- 4.28.030 MOVED TO SECTION 4.08.
disability
against
individual
an app
by
qualified
with
a elisability,
a
.
be
net
e3
to
terTMs
nd;
t; .
e f
preeess,
ineluding,
and
but
all
limited
and
te,
hiring,
empleyment
net
ieave
training.
transfer,
—ef abse
re , eempensatien
and
54 (Contra Costa
934429.1
Page 31 of 32
55 (Contra Costa / )
934429.1
Page 32 of 32
Central Contra Costa Sanitary District
/J a i r BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: May 9, 2002 No.: 5-b. HEARINGS
Type of Action: CONDUCT PUBLIC HEARING, ADOPT ORDINANCE
Subject: CONDUCT A PUBLIC HEARING TO RECEIVE COMMENTS ON AN ORDINANCE
TO AMEND DISTRICT CODE CHAPTER 6.38, RECYCLED WATER CHARGES
Submitted By: Initiating Dept. /Div.:
D. Berger, Associate Engineer Engineering /Environmental Services Division
REVIEWED AND RECOMMENDED FOR BOARD ACTION.
, JU QL 9A
D. Berger R. S4qmidt C. Swanson AfIKJ
General Ma
ISSUE: It is the District's practice to conduct a public hearing prior to revising I�strict
Code provisions regarding fees, rates, and charges.
RECOMMENDATION: Conduct a public hearing to receive comments on the attached
Ordinance to amend District Code Chapter 6.38, Recycled Water Charges. Adopt
Ordinance.
FINANCIAL IMPACTS: If adopted, the proposed Ordinance will increase revenues from
recycled water. For the first year, the revenue increase would be approximately $20,000.
ALTERNATIVES /CONSIDERATIONS: Not raising rates would result in a loss of potential
revenue needed to cover the operating and capital costs of the program.
BACKGROUND: The proposed Ordinance will set recycled water rates at approximately
80% of the rates for a customer's competing water source. The proposed changes to the
ordinance were previously presented to the Board and describe customer classifications,
rates for landscape irrigation, and new customer connection fees. A public hearing will
allow current and future customers to comment on the proposed Ordinance.
RECOMMENDED BOARD ACTION: Conduct a public hearing to receive comments on the
attached Ordinance to amend District Code Chapter 6.38, Recycled Water Charges.
Adopt Ordinance.
4/29/02
U:\ PPr\ Bertera\ ConductPublHearDistCode6.38.wpd Page 1 of 8
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE No. 209,
WHICH ESTABLISHED A STRUCTURE FOR
RECYCLED WATER RATES LISTED IN THE
CENTRAL CONTRA COSTA SANITARY DISTRICT CODE
WHEREAS, on December 3, 1998 the Central Contra Costa Sanitary District
( "District ") passed and adopted Ordinance No. 209, which established a structure for
recycled water rates by adding Chapter 6.38 to the District Code; and
WHEREAS, the District has established the goal of "Recycling High Quality
Water;" and
WHEREAS, in response to this goal, the District has developed a substantial
recycled water program, which is primarily targeted for landscape irrigation; and
WHEREAS, the rate structure established by Ordinance No. 209 contains eight
separate rates that vary depending on volume usage and customer category; and
WHEREAS, the District has determined the rate structure established by
Ordinance No. 209 is unnecessarily complex and should be replaced by a simpler rate
structure; and
WHEREAS, the District is an authorized producer and purveyor of recycled
water pursuant to a "Project Specific Agreement for Zone One Recycled Water Project"
approved by the District and the Contra Costa Water District on November 22, 1994; and
WHEREAS, the District is permitted by the State of California, San Francisco
Bay Regional Water Quality Control Board, to produce and supply treated effluent as
recycled water; and
WHEREAS, it is appropriate for customers to pay their share of the costs to
produce and supply treated effluent as recycled water; and
WHEREAS, in order to encourage use of recycled water, thereby promoting the
conservation of the potable water supply, the District recognizes the need to price
recycled water so as to provide an economically competitive alternative to local potable
Doc #: 260707 v.I
1
Page 2 of 8
water sources while recovering the maximum amount of the cost of producing and
delivering recycled water, which is feasible dependant on the cost of the alternative water
sources available; and
WHEREAS, the costs associated with the production and supply of treated
effluent as recycled water are anticipated to be recovered over a period of years through
the application of a schedule of charges that reflect charges for service consistent with
long term capital recovery and competitive pricing while not exceeding the cost of
providing the service.
NOW, THEREFORE, the Board of Directors of the Central Contra Costa
Sanitary District does ordain as follows:
SECTION 1. — Title 6, Chapter 6.38 of the Central Contra Costa Sanitary
District Code shall be amended as follows:
(a) The title of Chapter 6.38 shall be amended to read: "Recycled Water
Charges — Landscape Irrigation."
(b) Section 6 38 010 Findings shall be amended as follows:
A. The District Board of Directors finds that pursuant to Title 11 of
the District Code, the District is authorized to produce recycled water for the
purpose of encouraging conservation of potable water supplies. Therefore, the
Board further finds that it is appropriate to adopt a rate structure based upon the
lowest possible cost consistent with sound economy and prudent management,
which includes a balancing of the District's own cost recovery concerns against
the requirements of providing recycled water at the lowest possible cost and rates.
In addition, the Board finds that the recycled water rate structure shall be based
upon the cost of service analysis which includes actual operating and maintenance
costs, debt service and capital costs based upon a maximum amortization period
of thirty years. The proposed rate structure is intended to recover such costs, and
is not intended to benerate unreasonable or excessive surplus revenues or profits
to the District. The Board further finds that the rate structure hereinafter set forth
is designed to conserve the public potable water supply for the greatest public
benefit, and does not exceed the reasonable cost to provide the service.
Doc #: 260707 v.l
2 Page 3 of 8
B. The rate structure for recycled water is established pursuant to
District Code, Chapter 11.50, Recycled Water Pricing. This rate structure shall
apply to each customer according to classification of that customer. A customer's
classification is based on their alternative water source.
C. This rate structure for recycled water is intended to help implement
the State constitutional mandate set forth in Article X, Section 2, which states that
water resources of the State are to be put to beneficial use, to the fullest extent of
which they are capable, and that waste of potable water (through an unreasonable
use or unreasonable method of use) should be prevented. In order for the
appropriate use of recycled water to be maximized, the rate structure for recycled
water must be competitive with, or favorable to, corresponding local costs for
alternative sources of potable water. This rate structure is designed to be
competitive with current potable water pricing structures. However, if drought or
other circumstances alter the demand for or pricing of recycled water, nothing
herein shall prevent the District from modifying these rates or adopting alternative
rate structures to facilitate accelerated cost recovery, including capital costs.
D The Board finds the rates set forth herein for the specified
categories do not exceed the cost of providing recycled water service to District
customers which costs include incremental costs of producing effluent that meet
California Code of Regulations Title 22 requirements for recycled water, delivery
costs maintenance cost administration and overhead costs, and recovery of
capital costs.
E. The Board finds that the following recycled water rate structure is
based upon a just standard of reasonableness, given the complexity in determining
the actual incremental costs to provide the service.
(c) Section 6.38.020 — Customer Classification shall be amended to read
as follows:
The General Manager-Ghief Enginee shall classify each customer by
estimating the valunt evaluating the water source alternative to of recycled water
that the customer will ttse based on their histerieal reeard of pet bl e water usage
Doc #: 260707 v.l
3 Page 4 of 8
eustemer's site
ftnd other appheable water demand ehafaeteristies speeifie to that has available to it. The District may, from time to time, reclassify a customer
based on u—r`i 'b eotjmate f-ef that st _� a� mand Faf reeyeled water M
change in the customer's alternative water source to recycled water. The General
Manger-Ghief Enginee shall classify each customer according to one of the
following defined classifications:
Class I: Potable
Class II: Canal/Well
(d) Section 6 38 030 — Declining Block Rate Structure — Volume Charge
shall be deleted in its entirety and amended to read as follows:
6 38 030 — Land Irrigation Rate Structure.
A A rate structure based on setting rates at or below the cost of
providing service and priced in a manner to compete with alternative water supply
costs encourages the use of recycled water, thus conserving the state potable
water silly for the greatest public benefit. Accordingly a volume charge based
upon rates set for the user classification shall be applied to the volume of recycled
water measured and reported during each billing cycle for that customer based on
the customer's classification:
Alternative Water
Customer
Volume
Volume
Source
Classification
Charge Per
Charge Per
Acre Foot
Thousand Gallons
Potable
I
$750
$2.30
Canal/Well
II
$355
$1.09
B The rates set forth above will automatically be increased, in an
amount equal to three percent (3 %) of the then existing rates, starting on July 1,
2003 and occurring each Year thereafter, without further action of the Board. The
Doc #: 260707 v.I
4
Page 5 of 8
three percent (3 %) increase is required in order to provide for the increasing costs
associated with the regulation, inflation and to maximize cost recovery of the
District for its recycled water program while obtaining competitive rates. This
annualized automatic increase shall remain in effect until further action of the
Board.
C For existing customers as of the date of the amendment to this
Code Section the rate structure listed under this Section shall not result in the
rates charged to such customers to increase by more than 25% each year. Once
the existing customers' rates meet those established under this Section, then the
25% annual rate increase c4p shall no longer apply.
D Certain District customers are provided service pursuant to existing
contracts that provide for a limitation of maximum fees and charges to be
imposed for recycled water. In the event that the rates required by this Ordinance
provide for rates and charges to the contractual customer in an amount that is in
excess of the contractual terms the rates and charges shall be reduced to the
maximum allowable charges for recycled water provided for in the contract.
(e) Section 6.38.040 — System Isolation Charge shall be deleted in its entirety
and amended to read:
6.38.040 — Connection Fees.
Connection Fees shall be imposed on new customers to recoup District
costs, in providing a recycled water infra structure and isolating the customer's
existing system from the recycled water system. including capital costs, in
connecting a new customer to the recycled water system. The Connection Fees
are intended to fully compensate the District for its reasonable costs incurred in
design and construction activities in extending its facilities to connect a new
customer, and for any design and construction or improvements required to isolate
the potable water supply from the recycled water supply. These Connection Fees
shall include both the costs of connecting new customers to the recycled water
system ( "Connection Costs ") and the costs of isolating the new customer's
recycled water facilities from their potable water facilities ( "System Isolation
Costs").
Doc #: 260707 v.l
Page 6 of 8
The new customer must pay Connections Fees including Connection
Costs and System Isolation Costs prior to the District undertaking the
construction activities required to provide service Alternatively, the Customer
mqy enter into a contract with the District which shall provide adequate security
for payment of the connection fees prior to the District incurring those costs of
providing for a connection to the recycled water system.
The District may assist new customers by financing the Connection Fees
over a period not to exceed fifteen (15) years from the date of initiating recycled
water service. No right to obtain a connection or to finance connection fees is
created by these provisions All decisions concerning the extension of service to a
new customer and financing of the Connection Fees shall be made on a case by
case basis at the discretion of the District.
(f) Subsection 6.38.055 is to be added to the District Code as follows:
6 38 055 — Cost - Benefit Analysis.
Before committing to a new customer connection, the District shall
perform a Cost - Benefit Analysis to determine whether it is cost effective to
connect the new customer to the recycled water system. If the Cost - Benefit
Analysis indicates that the new customer connection would not be financially
beneficial to the District the District may decline to design and construct the
improvements necessary to connect the new customer to the recycled water
system.
tem.
(g) Current District Code Subsections 6.38.050 and 6.38.060 will remain
unchanged.
SECTION 2.
All provisions of the District Code not specifically addressed in Section 1 shall
remain in force and unchanged.
R
Doc #: 260707 v.1
Page 7 of 8
SECTION 3.
This Ordinance shall be a general regulation of the District, and shall be published
once in the Contra Costa Times, a newspaper of general circulation within the District,
and shall be effective on the seventh day following such publication.
PASSED AND ADOPTED this day of , 2002 by the Board of
Directors of the Central Contra Costa Sanitary District by the following votes:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
Mario Menesini
President of the Board of Directors,
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
Joyce E. Murphy
Secretary, Central Contra Costa
Sanitary District, County of Contra Costa
State of California
APPROVED AS TO FORM:
7
Kenton L. Alm,
District Counsel
Doc #: 260707 v.1
Page 8 of 8
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Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: May 9, 2002 Na.: 7.a. BIDS AND AWARDS
Type of Action: AUTHORIZE AWARD /AUTHORIZE AGREEMENT
Subject: AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO MOUNTAIN
CASCADE, INC., AUTHORIZE CONSULTANT AGREEMENTS WITH
CAROLLO ENGINEERS, SOHA ENGINEERS, DCM /JOYAL ENGINEERING,
AND FOR INSPECTION SERVICES FOR THE SAN RAMON SCHEDULE "C"
FORCE MAIN PROJECT, DISTRICT PROJECT NO. 5554
Submitted By: Initiating Dept. /Div.:
Michael J. Penny, Associate Engineer Engineering / Capital Projects
REVIEWED AND RECOMMENDED FOR BOARD ACTION.
M. Penny T. i ecki B—BYerMan A. Farrell Charles qManer' Genera
ISSUE: On April 25, 2002, sealed bids were received and opened for construction of the
San Ramon Schedule "C" Force Main Project, District Project No. 5554. The Board of
Directors (Board) must authorize award of the contract or reject bids within 50 days of
the bid opening. Authorization of the Board is required for the General Manager to
execute a professional services agreement in amounts exceeding staff authorization limits.
RECOMMENDATION- award of a construction contract, and authorize
professional services agreements.
FINANCIAL IMPACTS- $4,478,000 including design bid price, contingency,
and construction management.
BACKGROUND: In late 1983, the District undertook planning and engineering studies for
a new interceptor to serve the southern portion of the District's service area. As part of
this effort, the District negotiated and purchased easements for the new interceptor within
the former Southern Pacific right -of -way from Contra Costa County. The overall San
Ramon Valley Interceptor Project consists of approximately nine miles of large- diameter,
gravity- interceptor sewer and 2-1/2 miles of force main, which is being constructed in
several schedules. The Schedule "A" project, which stretches six miles from Sycamore
Valley Road in Danville north to Rudgear Road in Walnut Creek was completed in 1988.
Schedule "B," which covers the 1-1/2 mile section from Sycamore Valley Road south to
Saint James Court in Danville was completed in 1988.
4/29/02
I: \Design \District Projects\ 5 5 5 4\NewAward PP.wpd Page 1 of 6
POSITION PAPER
Board Meeting Date: May 9, 2002
Subject: AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO MOUNTAIN
CASCADE, INC., AND AUTHORIZE CONSULTANT AGREEMENTS WITH
CAROLLO ENGINEERS, SOHA ENGINEERS, DCM /JOYAL ENGINEERING,
AND FOR INSPECTION SERVICES FOR THE SAN RAMON SCHEDULE "C"
FORCE MAIN PROJECT, DISTRICT PROJECT NO. 5554
The remaining Schedule "C" of the San Ramon Valley Interceptor Project includes 1 -1/2
miles of gravity sewer and 2-1/2 miles of force main. Schedule "C" will extend from Saint
James Court in Danville south to the San Ramon (Larwin) Pumping Station and will be
constructed in two phases (see Attachment 1). The proposed project is the force main
portion of Schedule "C" and would entail construction of approximately 12,800 lineal feet
of 24 -inch diameter force main from the San Ramon Pumping Station to 700 feet north
of Norris Canyon Road along the Iron Horse Trail Corridor. All the necessary permits,
agreements, and regulatory requirements have been obtained or met, including all
construction access and right -of -way documents with the exception of the Right to Enter
Permit from Contra Costa County. Staff requests that the Board of Directors award the
project today contingent on receipt of a Right to Enter or Encroachment Permit from the
County.
Plans and specifications for the project were prepared by Carollo Engineers and District
staff; the Engineer's Estimate for the construction was $4,400,000. The project was
advertised on April 1 and 8, 2002. Nine bids, ranging from $2,748,725 to $4,582,608
were received and publicly opened on April 25, 2002. A summary of the bids in
presented in Attachment 2.
The Engineering Department conducted a technical and commercial evaluation of the bids
and determined the lowest responsible bidder is Mountain Cascade, Inc. The lower bids
are due in part to the stiff competition amongst the steel and ductile -iron pipe suppliers
and also amongst the boring subcontractors. The funds required to complete this project,
as shown in Attachment 3, are $3,998,000. The total project cost is anticipated to be
$4,478,000.
District staff plans on administering the construction contract and providing inspection
services with office engineering, including shop- drawing review provided by Carollo
Engineers. Carollo prepared the plans and specifications for the San Ramon Schedule "C"
Force Main. Because of satisfactory performance and knowledge of the project, Carollo
is recommended to provide office engineering service for the construction. A Professional
Services Agreement in the amount of $125,000 has been negotiated with Carollo
Engineers.
Staff has also negotiated a cost reimbursement agreement with SOHA Engineers in the
amount of $85,000 to perform a preconstruction damage assessment. SOHA performed
satisfactorily on the preconstruction damage assessment for the Pleasant Hill Relief
4/29/02
I: \Design \District Projects \5554 \NewAward PP.wpd Page 2 of 6
POSITION PAPER
Board Meeting Date: May 9, 2002
Subject: AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO MOUNTAIN
CASCADE, INC., AND AUTHORIZE CONSULTANT AGREEMENTS WITH
CAROLLO ENGINEERS, SOHA ENGINEERS, DCM /JOYAL ENGINEERING,
AND FOR INSPECTION SERVICES FOR THE SAN RAMON SCHEDULE "C"
FORCE MAIN PROJECT, DISTRICT PROJECT NO. 5554
Interceptor Phase 4 and Dougherty Trunk and Tunnel projects. Staff is also
recommending a cost reimbursement agreement with DCM /Joyal Engineering (DCM) to
provide geotechnical support during construction. DCM performed satisfactorily on the
design of the San Ramon Schedule C Force Main. A cost reimbursement amendment has
been negotiated with DCM for $28,000. The proposed construction management budget
has $ 100,000 allocated for hiring additional inspection help for the project, if required.
Board approval authorizing the General Manager to enter into a cost reimbursement
agreement with a consultant to provide additional inspection services with an upper limit
of $100,000 is requested.
On October 28, 1986, the Board passed a resolution certifying the Final Environmental
Impact Report (FEIR) for the San Ramon Valley Trunk Sewer Improvement Project.
On March 21, 2002, the Board approved the San Ramon Schedule "C" Force Main Project
and directed staff to file a Notice of Determination with the Contra Costa County Clerk
that the San Ramon Schedule "C" Force Main Project is covered by the 1986 FEIR.
Construction of the San Ramon Schedule "C" Force Main Project is included in the
FY 2001 -02 and 2002 -03 Capital Improvement Budget /2001 Capital Improvement
(CIB /CIP) Plan on pages CS -61 to CS -63. In July 2002, the project was moved into the
current fiscal year by the San Ramon Addenda to the CIB /CIP. Staff has conducted a cash
flow analysis and concluded that adequate funds are available for this project
RECOMMENDED BOARD ACTION: Authorize award of a construction contract in the
amount of $2,748,725 for construction of the San Ramon Schedule "C" Force Main
Project, District Project No. 5554, to Mountain Cascade, Inc., the lowest responsible
bidder contingent on a Right to Enter Permit being acquired from the County.
Authorize consulting agreements /amendments with Carollo Engineers, SOHA Engineers,
and DCM /Joyal Engineering. Also, authorize an agreement for additional inspection
services for the project, if required.
4/29/02
I: \Design \District Projects \5554 \NewAward PP.wpd Page 3 of 6
Page 4 of 6
Attachment 2
Central Contra Costa Sanitary District
SUMMARY OF BIDS
PROJECT: San Ramon Schedule C Force Main
LOCATION San Ramon
DATE April 25. 2002 - 2:30 p.m.
ENGR. EST. $ 4.400.000
No.
BIDDER
BID PRICE
Name & address
1
Mountain Cascade, Incorporated
$ 2,748,725
Attn: Mr. Ron Bredehoft
555 Exchange Court
Livermore, CA 94550
2
Preston Pipelines
$ 2,890,965
Attn: Gary Manges
133 Bothelo Avenue
Milpitas, CA 95035
3
North Bay Construction, Incorporated
$ 2,994,175
Attn: Steve Geney
431 Payran Street
Peteluma, CA 94955
4
Ranger Pipelines, Incorporated
$ 3,136,347
Attn: Thomas Hunt
1296 Armstrong Ave.
San Francisco, CA 94124
5
McGuire and Hester
$ 3,175,690
Attn: Michael R. Hester
9009 Railroad Avenue
Oakland, CA 94603
6
Bay Pacific Pipeline, Incorporated
$ 3,221,950
Attn: Catherine Carew
P.O. Box 1162
Novato, CA 94948
7
K. J. Woods construction, Incorporated
$ 3,334,000
Attn: Kieran Woods
2625 Judah St., No. 2
San Francisco, CA 94122
8
M.J.B. Pipeline
$ 3,560,367
Attn: Manuel DeFreitas
P.O. Box 192
Mt. Eden, CA 94557
9
C.R Fedrick, Incorporated
$ 4,582,608
Attn: Dee Fedrick
320 Deer Island Lane
Novata, CA 94945
BIDS OPENED BY \s\ Joyce E. Murphy
PAPUBLIC \Capital Projects \SR FM \Summary of Bids.wpd
DATE April 25, 2002 SHEET NO. 1 OF 1
Page 5 of 6
ATTACHMENT 3
SAN RAMON SCHEDULE C FORCE MAIN
DISTRICT PROJECT NO. 5554
POST - BID /PRECONSTRUCTION ESTIMATE
ITEM
DESCRIPTION
TOTAL
PERCENT OF
ESTIMATED
CONSTRUCTION
COST
1
Construction Contract
2,748,725
Contingency at 15 percent
411,275
Lease of Staging Area
50,000
Subtotal
3,210,000
100
2
Construction Management (In- House)
• Project Director
10,000
• Project Management
48,000
• Inspection /Administration
147,000
• Survey
30,000
Subtotal
235,000
7.3
3
Construction Consultants
• Design Consultant (Carollo)
125,000
• Geotechnical (DCM /Joyal)
28,000
• Arborist (D. Abeyta)
5,000
• Materials Testing (Kleifelder)
40,000
• JDH Corrosion
5,000
Subtotal
203,000
6.3
• Consultant Inspector (if required)
100,000
3.1
4
Miscellaneous
• Design Support
30,000
• CSOD
5,000
• Community Liaison
30,000
• Public Relations
20,000
• Record Drawings
10,000
• Legal
10,000
• City Permit /Inspection
20,000
• County Permit /Inspection
20,000
• EBRP District Permit /Inspection
15,000
• Other Permits
5,000
• Preconstruction Assessment (SOHA)
85,000
Subtotal
250,000
7.8
5
Design Expenditures
• Force Main Design
480,000
15.0
6
Total Project Cost Estimate
4,478,000
1.40
7
Funds Authorized to Date
480,000
8
Total Allocation of Funds to Complete Project
3,998,000
Page 6 of 6
I: \Design \District Projects \5554 \Award PP Attach 3.wpd
BOARD REPORT
SAN RAMON FORCE MAIN PROJECT
UP5554
MAY 9v 2002
PAPUBLIC \Capital Projects \SR FM\Award Presentation.wpd
San Ramon Force Main
• Date Advertised April 1, 2002
• Date Opened Bids April 25,2002
• Number of Bids 9
• Low Bid S2,748,725
• Low Bidder Mountain
Cascade, Inc.
• Engineers Estimate $ 4,4001000
PAPUBLIC \Capital Projects \SR FMWward Presentationmpd
Factors for the Low Bid
• Stiff Competition Between Pipe
Suppliers
•
Stiff Competition between Tunneling
Contractors
• Change in Pipe Design
• Stiff Competition between General
Contractors
PAPUBLIC \Capital Projects \SR FMWward Presentation.wpd
Budget
• Construction and
Contingency
• CM Staff
• CM Consultants
• Miscellaneous
Construction
• Design Costs
• TOTAL
• Allocated to Date
• Funds to Complete
PAPUBLIC \Capital Projects \SR FMWward Presentation.wpd
$ 3,210,000
S
$ 303,000
$250,000
s 480,006
$4,478,000
$480,000
$ 3,998,000
i
Key Project Issues
• Additional Inspection
• Budget includes $135,000 for working
with residents and the public
• Preconstruction Damage Assessment
• Contra Costa County Right of Entry
PAPUBLIC \Capital Projects \SR FM\Hward Presentation.wpd
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Central Contra Costa Sanitary District
/40 ' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: May 9, 2002 Na.: 9,a, ENGINEERING
Type of Action: AUTHORIZE AGREEMENT
Subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AGREEMENT WITH
SHAPELL INDUSTRIES OF NORTHERN CALIFORNIA FOR ACQUISITION OF
EASEMENTS FOR THE WENDT RANCH OFFSITE SEWER PROJECT, JOB NO. 5436
Submitted By: Initiating Dept. /Div.:
Jarred Miyamoto -Mills Engineering /Environmental Services
Principal Engineer
REVIEWED AND RECOMMEND AD FOR BOARD ACTION.
�Mv- �
J. Miyamoto -Mills C. Swanson Farrell K. Alm CharleOsa',
General Manal
ISSUE: Easements for a proposed gravity sewer to serve the Wendt Ranch development
are needed to avoid construction and operation of an additional pumping station. Shapell
Industries of Northern California (Shapell) has been unsuccessful in their efforts to obtain
the easements and has requested the District to assist in the acquisition.
RECOMMENDATION: Authorize the General Manager to execute an agreement with
Shapell for acquisition of needed easements for the Wendt Ranch Offsite Sewer, Job No.
5436.
FINANCIAL IMPACTS: The proposed agreement provides for Shapell to reimburse the
District for all of the costs incurred to acquire the needed easements. Shapell will be billed
monthly for expenses as they are incurred.
ALTERNATIVES /CONSIDERATIONS: The Board could elect not to authorize the proposed
agreement. Since it is unlikely that Shapell will be able to obtain the easements needed
for the offsite sewer without assistance from the District, a new pumping station and
forcemain to Camino Tassajara would be required to serve the Wendt Ranch development.
BACKGROUND: Planning for sewer service to the Wendt Ranch development began in the
late 1980s when the Lawrence Road Specific Plan was being developed by the Town of
Danville. General sewer routes for areas east of Lawrence Road (including Wendt Ranch)
were included in the final Specific Plan approved by the Town.
In 1996, the County certified the EIR and approved the General Plan Amendment for the
Wendt Ranch development. The District's preferred gravity sewer alternative was included
in the EIR. In 1997, the District approved District Annexation 135, the Wendt Ranch
4/29/02
U:\ PPr\ Bertera\ EasementAcquisitionAgreement .wpd Page 1 of 3
POSITION PAPER
Board Meeting Date: May 9, 2002
Subiect: AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AGREEMENT WITH
SHAPELL INDUSTRIES OF NORTHERN CALIFORNIA FOR ACQUISITION OF
EASEMENTS FOR THE WENDT RANCH OFFSITE SEWER PROJECT, JOB NO. 5436
Boundary Reorganization (to include the property within the District's boundaries), and the
"Specific Facilities Plan for Wastewater Utility Service to the Dougherty Valley and
Tributary Areas." Lawrence Road and Wendt Ranch were two of the tributary areas
approved for service via the Dougherty Valley Tunnel and Trunk Sewer Project to avoid
the need for additional pumping stations.
Shapell has been working for several years to obtain needed right -of -way for the Wendt
Ranch Offsite Sewer, but has been unsuccessful in concluding negotiations for the most
downstream easements near Lawrence Road (see attached map). Shapell has requested
that the District obtain these remaining easements. An agreement has been negotiated
with Shapell providing for monthly reimbursement of all District easement acquisition
costs. A similar approach was used to obtain easements across the Canyon Lakes Golf
Course for the Gale Ranch Phase 1 development.
Right -of -way acquisition for the Wendt Ranch Offsite Sewer was discussed during the
General Manager's Report at the March 21, 2002 regular Board of Directors Meeting.
The environmental impacts of the Wendt Ranch Offsite Sewer were addressed in the
County's 1996 EIR for Wendt Ranch. The Board of Directors reviewed and considered
this EIR during its deliberations regarding the Wendt Ranch Boundary Reorganization and
established its independent findings that the environmental impacts of providing
wastewater utility service will be reduced to less- than - significant levels through
implementation of the mitigation measures required of the project by Contra Costa
County.
CCCSD may not require a subsequent EIR unless: 1) substantial changes or additions are
proposed for the project that will require major revisions to the 1996 EIR, 2) there are
substantial changes to the circumstances under which the project is being undertaken that
will require major revisions to the 1996 EIR, or 3) new information of substantial
importance to the project, which was not known and could not have been known at the
time of the 1996 EIR was certified becomes available. Staff is not aware of any such
changes, additions or new information.
RECOMMENDED BOARD ACTION: Authorize the General Manager to execute the
proposed agreement with Shapell Industries of Northern California for acquisition of
needed easements for the Wendt Ranch Offsite Sewer, Job No. 5436.
4/29/02
U:\ PPr\ Bertera\ EasementAcquisitionAgreement .wpd Page 2 of 3
ee
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Central Contra Costa
Sanitary District EXHIBIT
,. WENDT RANCH
SEWER SYSTEM ALTERNATIVES MAP
Page 3 of 3
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I
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: May 9, 2002 No.: 10.a. HUMAN RESOURCES
Type of Action: APPROVE STAFFING PLAN
Subject: APPROVE STAFFING PLAN FISCAL YEAR 2002 -2003
Submitted By:
Cathryn Freitas, Human Resources
Manager
Initiating Dept. /Div.:
Administrative /Human Resources
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
&4-t 4
C. Freitas . k0 sgraves
Charles W.
General M
ISSUE: The Board reviewed the personnel needs of the District for Fiscal Year 200F -2003
at its April 18, 2002, meeting. Accordingly, staff is submitting the Staffing Plan for Board
approval.
RECOMMENDATION: Approve the Staffing Plan for Fiscal Year 2002 -2003.
FINANCIAL IMPACTS: The proposed Staffing Plan would increase annual salary costs by
$11,700.
ALTERNATIVES /CONSIDERATIONS: Do not approve this Staffing Plan.
BACKGROUND: Each department has reviewed its staffing requirements for Fiscal Year
2002 -2003. The Staffing Plan includes departmental overviews providing summary
information, personnel actions taken during Fiscal Year 2001 -2002, requested changes
and their justifications, and organizational charts reflecting current staffing and proposed
changes.
The attached summary sheet highlights the effect of each department's staffing requests
on the number of total authorized positions in the District and the costs in salaries and
benefits. As shown in the summary, no additional positions are requested over last year.
Seven Co -op student positions are requested this year which is the same as last year.
The salaries and wages in the 2002 -2003 O & M Departmental Budgets will increase from
the previous year due to the anticipated cost -of- living salary adjustments and any merit
and longevity increases scheduled in 2002 -2003.
Discussions were held with the Presidents of both bargaining units. The Staffing Plan is
presented without the objection of the bargaining units.
4/30/02
H: \BUDGET\Budget 2002 Approval - pp.wpd Page 1 of 2
POSITION PAPER
Board Meeting Date: May 9, 2002
subject: APPROVE STAFFING PLAN FISCAL YEAR 2002 -2003
The departmental requests for positions are as follows:
None.
Collection System Operations
A request for four additional positions will be presented to the Board in a
separate position paper on a future agenda as discussed at the Collection
System Operations Board Workshop.
Plant Operations
1. Delete one Landscape Specialist (G -58, $3,679.82 - $4,452.40)
position.
2. Add one Maintenance Technician III, Mechanical (G -65, $4,344.57 -
$5,265.16) position.
Ply 100-1M
3. Authorize underfilling two existing Assistant Engineer positions with
Staff Engineers.
None
4. Authorize the hiring of students to fill seven positions in the Co -op
program.
Approve the Staffing Plan for Fiscal Year 2002 -2003.
4/30/02
H: \BUDGET \Budget 2002 Approval - pp.wpd Page 2 of 2
Central Contra Costa Sanitary District
/2mi ' BOARD OF DIRECTORS
Board Meeting Date: May 9, 2002
POSITION PAPER
No.: 13.b. BUDGET AND FINANCE
Type of Action: REVIEW SELF - INSURANCE FUND BUDGET FOR FISCAL YEAR 2002-
2003
subject: REVIEW THE FINANCIAL STATUS AND BUDGET OF THE SELF - INSURANCE
FUND AND APPROVE THE ALLOCATION OF $225,000 TO THE FUND FROM THE 2002-
2003 O &M BUDGET
Submitted By. Initiating Dept.Miv.:
Randy Musgraves, Director of Administrative /Safety & Risk Management
Administration
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
sgraves
General
ISSUE: The Self- Insurance Fund (SIF) is to be reviewed each year by the Board of Directors
with the staff presenting funding recommendations for the upcoming fiscal year.
RECOMMENDATION: Receive the 2002 -2003 Self- Insurance Fund Budget and authorize the
allocation of $225,000 to the fund from the 2002 -2003 O &M Budget.
FINANCIAL IMPACTS: The impact of this action requires the allocation of $225,000 from the
2002 -2003 O &M Budget to the Self- Insurance Fund.
ALTERNATIVES /CONSIDERATIONS The alternatives to this action are to provide less funds
than recommended, to not fund the Self Insurance Fund or to increase the fund balance.
BACKGROUND: The District has self - insured most of its liability and some of its property risks
since July 1, 1986, when the Board approved the establishment of the Self- Insurance Fund.
The SIF has effectively funded District losses over its sixteen year history and it remains
financially sound.
In 1994, a new Government Accounting Standards Board Statement No. 10 (GASB -10) set
forth requirements on how public agencies must fund their self- insured risks. To assure
compliance with GASB -10, the District restructured the SIF into three sub - funds.
Each of the three (3) sub -funds were established for funding specific risks:
4/30/02
SlFpp02 -03.wpd Page 1 of 7
Board Meeting Date: May 9, 2002 No.:
Type of Action: REVIEW SELF - INSURANCE FUND BUDGET FOR FISCAL YEAR 2002-
2003
subject. REVIEW THE FINANCIAL STATUS AND BUDGET OF THE SELF - INSURANCE
FUND AND APPROVE THE ALLOCATION OF $225,000 TO THE FUND FROM THE 2002-
2003 O &M BUDGET
• SUB -FUND A: GASB -10 Actuarially -based risks. These include general liability and
automobile liability risks. Under the requirements of GASB -10, risks that could be
actuarially studied must be funded based on an actuarial study which must be done
every two years. General liability and automobile liability are readily studied throughout
the insurance and self - insurance industry to determine funding levels for these liabilities.
The District obtained an actuarial review of its self- insured general liability and
automobile liability in 1999 which projected losses for these risks. The actuarial
estimate of $1,066,924 was identified as the expected recommended funding level for
liability of these risks for Fiscal Year 2001 -2002. Sub -Fund A was established to insure
these risks based on the District's having a $10,000,000 excess liability policy with a
$500,000 self - insured retention. Budget planning for the 2002 -2003 fiscal year has
resulted in an allocation of $1,066,924 to Sub -Fund A. To meet GASB -10
requirements, a bi- annual audit is currently being performed b Advanced Risk
Management Techniques, Incorporated (ARM Tech). ARM Tech performed the
District's last audit dated April 19, 2000. Sub -fund A and Sub -fund B reserves are held
at the recommended level for 2001/2002 until the completion of the audit.
Recommended changes will be submitted to the Board.
• SUB -FUND B: GASB -10 Non - actuarially -based risks. These include employment
related and pollution related risks. GASB -10 requires that all potential risks, including
employment related and pollution related, be adequately and soundly funded even
though these risks are not actuarially reviewed. An actuarial study was not required for
these risks since losses for employment related and pollution related risks are often
predicted with less accuracy because these types of cases occur infrequently but may
result in extremely high costs and losses. With guidance from risk management and
insurance specialists, the District established Sub -Fund B at $2,450,000 to fund
employment related and pollution related risks based on the purchase of the above
mentioned excess liability insurance policy. The liability policies provide limited
coverage in the areas pollution and employment related risks. A further review by staff
indicated that allocating $2,450,000 to Sub -Fund B in fiscal year 2002 -2003 is
consistent with past reserve levels and ARM Tech's April 19, 2002 audit.
• SUB -FUND C: Non - GASB -10 risks. This Sub -Fund covers risk management program
insurance premiums, potential losses from uninsurable risks, and the costs of initiating
claims and lawsuits against others who have damaged the District. The District
established this Sub -Fund to finance non - GASB -10 risks under our risk management
program. Specific costs include: insurance premiums for a $10,000,000 excess liability
policy; and insurance premiums for insuring District properties for fire, explosion, water
damage, etc. for losses above $500,000.
4/30/02
SlFpp02- 03.wpd Page 2 of 7
Board Meeting Date: May 9, 2002 No.:
Type of Action: REVIEW SELF - INSURANCE FUND BUDGET FOR FISCAL YEAR 2002-
2003
subject: REVIEW THE FINANCIAL STATUS AND BUDGET OF THE SELF - INSURANCE
FUND AND APPROVE THE ALLOCATION OF $225,000 TO THE FUND FROM THE 2002-
2003 O &M BUDGET
Staff is currently obtaining premium estimates and insurance coverage limits for fiscal
year 2002/2003. Staff has been notified that the current insurance carrier, Kemper, will
be substantially increasing the general liability and pollution liability coverage from
$162,000 to approximately $218,000. A request has been made to the California
Sanitation Risk Management Authority ( CSRMA) for a quote also. The District has
recently joined CSRMA for worker's compensation and property insurance coverage.
Once staff has received firm premium quotes, a Position Paper will be submitted to the
Board for final consideration.
This Sub -Fund should be maintained at a level to support these defined costs as well as to
cover the required $250,000 property damage self - insured retention and provide adequate
funds to replenish Sub -Fund A or B and was initially established at a level above $2,000,000.
Sub -Fund C is projected to be at a level of $976,262 ending June 30, 2002 and $419,262
ending June 30, 2003.
Exhibit II, III & IV (attached) presents the Fund A, Fund B and Fund C 2001 -2002 projected
actual and 2002 -2003 budget summary.
Exhibit I (attached) presents a recent financial history and projection of the SIF and shows that
the total reserves are projected at $4,493,186 ending June 30, 2002. This is a decrease of
$305,691 over the total SIF reserves of $4,798,877 at the beginning of the 2001 -2002 budget
year. This decrease in reserves is due to the payment of claims and insurance premiums paid
from the SIF, while the revenues from interest expense and the O &M Fund fall short. This has
been done to reduce the reserves to a more appropriate level.
The 2002 -2003 SIF budget estimates total revenues of $418,000 and total expenses of
$975,000, which will bring the projected 2002 -2003 total SIF to $3,936,186 on June 30, 2003.
The budgeted revenues include a recommended allocation of $225,000 from the 2002 -2003
O &M budget to the SIF. The $225,000 allocation would help maintain the SIF at a funding level
as directed and approved by the Board.
In summary, the funding reserves for the SIF, as established by GASB -10 is the sum of Sub -
Fund A and Sub -Fund B which totals $3,516,924 as well as Sub -Fund C of $419,262 achieve
the total SIF of $3,936,186 on June 30, 2003. Therefore, staff recommends that $225,000 be
allocated from the O &M budget to maintain the SIF at its current level and provide prudent
reserves for funding District losses.
RECOMMENDED BOARD ACTION: Receive the proposed 2002 -2003 Self- Insurance Fund
Budget and approve the allocation of $225,000 from the 2002 -2003 O &M budget.
4/30/02
SIFpp02- 03.wpd Page 3 of 7
CENTRAL CONTRA COSTA SANITARY DISTRICT
SELF - INSURANCE FUND (SIF)
July 1, 1998 - June 30, 2003
Revenues
SIF Allocation from O &M Fund
Insurance Allocation from HHW
Subrogation Recovery
Interest Income
Total Revenue
Expenses
Claims Adjusting
Insurance Consulting
Loss Payments
Legal Services
Technical Services
Insurance Premiums
Total Expenses
Revenue Over Expense
Reserves
Beginning of Year
Revenue over Expense
End of Year
Uncommitted Reserves
Actual Actual Actual Projected Budget
1998 -1999 1999 -2000 2000 -2001 2001 -2002 2002 -2003
$ 100,000
150,000
175,000
200,000
225,000
-
58,374
16,916
20,000
20,000
36,118
17,640
30,865
79,107
10,000
294,754
290,683
292,813
163,000
163,000
430,872
516,697
515,594
462,107
418,000
-
-
-
-
2,000
-
-
-
-
4,000
347,692
63,189
401,638
285,616
325,000
73,183
43,942
77,909
52,858
115,000
38,594
12,977
235,038
129,324
175,000
284,902
223,204
218,734
300,000
354,000
744,371
343,312
933,318
767,798
975,000
H
(313,499) 173,385 (417,724) (305,691) (557,000)
5,356,715 5,043,216 5,216,601 4,798,877 4,493,186
(313,499) 173,385 (417,724) (305,691) (557,000
Actuarial Reserves - GASB 10 (Fund A)
675,000
901,000
1,066,924
1,066,924
1,066,924
Non- Actuarial Reserves - GASB 10 (Fund B)
2,450,000
2,450,000
2,450,000
2,450,000
2,450,000
Non -GASB 10 Reserves (Fund C)
1,918,216
1,865,601
1,281,953
976,262
419,262
Total Reserves
$ 5.043.216
5.216.601
4.798.877
4.493.186
3.936.186
Change in Reserves $ 173,385 $(417,724) $(305,691) $ (557,000)
Exhibit I Page 4 of 7
SELF - INSURANCE FUND
Projected 2001 -2002 and Budget 2002 -2003
SUB -FUND A: GASB -10 ACTUARIALLY BASED RISKS
GENERAL LIABILITY AND AUTOMOBILE LIABILITY
2001 -2002 2002 -2003
Actuarial Reserves - GASB 10 - Beginning of Year $ 1,066,924 $ 1,066,924
Revenues:
O &M - -
Subrogation Recovery 79,107 10,000
Interest 43,000 43,000
Total Revenues 122,107 53,000
Expenses:
Losses 285,616 250,000
Legal 39,229 80,000
Technical 129,324 150,000
Insurance Premiums - -
Total Expenses 454,169 480,000
Revenue over Expense (332,062) (427,000)
Reserves:
Transfer from Sub -Fund C 332,062 427,000
Total Reserves Projected End of Year $ 1,066,924 $ 1,066,924
Exhibit 11 Page 5 of 7
SELF - INSURANCE FUND
Projected 2001 -2002 and Budget 2002 -2003
SUB -FUND B: GASB -10 NON - ACTUARIALLY BASED RISKS
EMPLOYMENT RELATED AND POLLUTION RISKS
2001 -2002 2002 -2003
Beoinnino Reserves $ 2,450,000 $ 2,450,000
Revenues:
O &M - -
Recovery - -
Interest 88,000 88,000
Total Revenues 88,000 88,000
Expenses:
Losses - 75,000
Legal - 10,000
Technical - 10,000
Insurance Premiums - -
Total Expenses
Revenue over Expense
Reserves:
Transfer (to) /from Sub -Fund C
Total Reserves Projected End of Year
95,000
88,000 (7,000)
(88,000) 7,000
$ 2,450,000 $ 2,450,000
Exhibit III Page 6 of 7
SELF - INSURANCE FUND
Projected 2001 -2002 and Budget 2002 -2003
SUB -FUND C: NON GASB -10 RISKS
RISK MANAGEMENT PROGRAM INSURANCE PREMIUMS AND
COSTS OF INITIATING CLAIMS /LAWSUITS AGAINST OTHERS
Beainnina Reserves
Revenues:
O &M
Insurance Recovery
Interest
Total Revenues
Expenses:
Insurance Consulting Services
Claims Adjustment
Losses
Legal
Technical
Insurance Premiums
Total Expenses
Revenue over Expense
Reserves:
Transfer (to) /from Sub -Funds A & B
Total Reserves Projected End of Year
2001 -2002 2002 -2003
$ 1,281,953 $ 976,262
200,000
225,000
20,000
20,000
32,000
32,000
252,000
277,000
4,000
2,000
13,629 25,000
15,000
300,000 354,000
313,629 400,000
(61,629) (123,000)
(244,062) (434,000)
$ 976,262 $ 419,262
Exhibit IV Page 7 of 7
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Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: May 9, 2002 No.: 13.c. BUDGET AND FINANCE
Type of Action: SET PUBLIC HEARING DATE
Subject: SET PUBLIC HEARINGS ON JUNE 6, 2002, TO CONSIDER THE COLLECTION OF
SEWER SERVICE CHARGES BY PLACING THEM ON THE COUNTY TAX ROLL AND TO
RECEIVE PUBLIC COMMENT ON THE 2002 -2003 OPERATIONS AND MAINTENANCE
BUDGET AND THE SELF - INSURANCE FUND BUDGET
Submitted By: Initiating Dept. /Div.:
DEBBIE RATCLIFF, CONTROLLER ADMINISTRATIVE DEPARTM
REVIEWED AND RECOMMENDED FOR BOARD ACTION.
D. Ratcliff •R M raves
manes w.- baits;
General Manager
ISSUE: The District Code and State of California law require holding a public hearino for
placing the 2002 -2003 Sewer Service Charges on the County tax roll for collection.
Although not required by law, the District holds a public hearing to receive public comment
on the 2002 -2003 Operations and Maintenance Budget and the Self- Insurance Fund
Budget.
RECOMMENDATION: Authorize a public notice to set public hearings on June 6, 2002,
to receive public comment on the collection of Sewer Service Charges by placing them
on the County tax roll, and to receive public comment on the 2002 -2003 Operations and
Maintenance Budget and Self- Insurance Fund Budget.
FINANCIAL IMPACTS: Ordinance #218 set the Sewer Service Charge at 5248 for fiscal
year 2002 -2003. Should the rate remain unchanged, this would increase total District
revenues by approximately $3.6 million.
ALTERNATIVES /CONSIDERATIONS: Ordinance #218 set the Sewer Service Charge for
fiscal year 2002 -2003 at $248. However, the Board has the option to amend Ordinance
#218 or adopt a new ordinance to reduce the Sewer Service Charge rate. A separate
public hearing would be required to establish the new rate.
The Sewer Service Charge could be collected through direct billings by the District.
However, this would require additional labor and benefit costs. The Sewer Service Charge
has been collected on the County tax roll since the inception of the service charge in
1976. Staff believes that collection on the tax roll provides the most economical and
efficient means for the District to collect these charges.
4/29/02
S : \ADMIN \POSPAPER \SWRSVC2002.wpd Page 1 of 2
POSITION PAPER
Board Meeting Date: May 9, 2002
Subject: SET PUBLIC HEARINGS ON JUNE 6, 2002, TO CONSIDER THE COLLECTION OF
SEWER SERVICE CHARGES BY PLACING THEM ON THE COUNTY TAX ROLL AND TO
RECEIVE PUBLIC COMMENT ON THE 2002 -2003 OPERATIONS AND MAINTENANCE
BUDGET AND THE SELF - INSURANCE FUND BUDGET
BACKGROUND: Ordinance #218 set the Sewer Service Charge rates for fiscal years
2001 -2002, 2002 -2003, and 2003 -2004. These rates were reviewed and discussed at
the Board Financial Planning and Policy Workshop on January 24, 2002. At that Board
meeting, no direction was given to staff to change the established rates.
The 2002 -2003 Operations and Maintenance (0 &M) Budget will be submitted for initial
review by the Board of Directors on May 23, 2002. As previously approved in Ordinance
#218, the revenue portion of the O &M Budget is based on a $24.00 increase to the
Sewer Service Charge of which $3.00 would be allocated to O &M and $21.00 to Sewer
Construction to partially fund the Capital Budget. Approval of the 2002 -2003 O &M
Budget and Self- Insurance Fund Budget is scheduled for the Board meeting on June 6,
2002. Approval of the 2002 -2003 Capital Improvement Budget is scheduled for the
Board meeting of May 23, 2002.
It is required by law to hold a public hearing to receive public comment on collecting
Sewer Service Charges by placing them on the County tax roll. In the event that the
Board seeks to amend Ordinance #218 or adopt a new ordinance reducing the Sewer
Service Charge rate, then a separate public hearing would be required to establish the new
rate.
RECOMMENDED BOARD ACTION: Authorize a public notice to set public hearings on
June 6, 2002, to receive public comment on the collection of Sewer Service Charges by
placing them on the County tax roll, and to receive public comment on the 2002 -2003
Operations and Maintenance Budget and Self- Insurance Fund Budget.
4/29/02
S: \ADMIN\POS PAPER \SWRSVC 2002.wpd Page 2 of 2
Central Contra Costa Sanitary District
144 a i BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: May 9, 2002 No" 13.d. BUDGET AND FINANCE
Type of Action: ADOPT RESOLUTION
Subject: ADOPT RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF REVENUE
INSTALLMENT CERTIFICATES, AND AUTHORIZING THE DELIVERY OF AND
APPROVING THE PRELIMINARY OFFICIAL STATEMENT FOR 2002 REVENUE
INSTALLMENT CERTIFICATES
Submitted By:
Debbie Ratcliff
Initiating Dept. /Div.:
Controller
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
4a
D. Ratcliff R Mu graves
Charles W"
General M
ISSUE: Approval and authorization of the Board of Directors is required to borrow funds
through the delivery of long -term Revenue Installment Certificates.
RECOMMENDATION: Adopt a resolution authorizing staff to execute documents and
authorizing the delivery of and approving the Preliminary Official Statement for 2002
Revenue Installment Certificates in an amount not -to- exceed $17 million (Attachment 1).
FINANCIAL IMPACTS: By issuing a maximum of $17 million in Revenue Installment
Certificates, the District will be providing needed funds for capital expenditures relating
to the wastewater system and will provide for a minimum fund balance to ensure that the
District's cash flow needs are met.
ALTERNATIVES /CONSIDERATIONS: The District could issue Revenue Installment
Certificates in a lesser or greater amount than $17 million and for a shorter or longer term
than twenty years, however, after detailed analysis by staff and advice from the financial
advisor, staff believes that borrowing $17 million over twenty years is the most prudent
approach.
BACKGROUND: As part of the 2002 -03 Board Financial Planning Workshop, staff has
proposed that the District borrow a maximum of $17 million ($15 million net of issuance
costs and reserve fund) using long -term (20 years) Revenue Installment Certificates. The
need for borrowing arises from the necessity to fund several capital projects (primarily the
San Ramon Force Main and Interceptor Project, the San Ramon Pumping Station
Renovation Project and the Pumping Station SCADA and Power Management Project, and
may also include the Collection System Renovation Program, the Aeration Blowers
Reconditioning Project and the Concord Industrial Force Main Project) while maintaining
a prudent fund balance in the Sewer Construction Fund for cash -flow management.
4/29/02
S:\ ADMIN \RATCLIFF \POSPAP.05.09.02.wpd Page 1 of 6
POSITION PAPER
Board Meeting Date: May 9, 2002
Subject: ADOPT RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF REVENUE
INSTALLMENT CERTIFICATES, AND AUTHORIZING THE DELIVERY OF AND
APPROVING THE PRELIMINARY OFFICIAL STATEMENT FOR 2002 REVENUE
INSTALLMENT CERTIFICATES
Tom Lockard from the firm Stone and Youngberg will serve as the District's Financial
Advisor. Chick Adams from the firm, Jones Hall, will serve as Bond Counsel and
Disclosure Counsel. These firms were used in prior District debt financings and will be
utilized again based on their experience and expertise, their commitment to the project
scope and schedule and reasonable cost. The cost for Bond Counsel and Financial
Advisory services are:
Jones Hall - $47,000
Stone and Youngberg - $25,000
Additional costs of approximately $50,000 will be incurred to print the official statement,
engage U.S. Bank, N.A. as Trustee, and obtain ratings from both Standard and Poor's and
Moody's Investor's Service.
A District Board resolution authorizing the delivery of the certificates within specific
financial parameters pursuant to a noticed public sale, authorizing staff to execute
documents (including an Installment Sale Agreement with the Central Contra Costa
Sanitary District Facilities Financing Authority and a Trust Agreement with U.S. Bank,
N.A.), approving the Preliminary Official Statement for the certificates, approving the
engagement of the law firm of Jones Hall to act as Bond Counsel and Disclosure Counsel,
and the firm of Stone and Youngberg to act as Financial Advisor to the District, and
authorizing the Director of Administration to execute an agreement with each said firm is
presented as Attachment 1 . The draft Preliminary Official Statement for the certificates
and the proposed agreements are on file in the office of the Secretary of the District and
are being delivered to the Board under separate cover.
RECOMMENDED BOARD ACTION: Adopt a resolution authorizing staff to execute
documents and authorizing the delivery of and approving the Preliminary Official Statement
for 2002 Revenue Installment Certificates in an amount not -to- exceed $17 million
(Attachment 1).
4/29/02
S AADMURATCLIMPOSPAP.05.09.02.wpd Page 2 of 6
Attachment 1
RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
CENTRAL CONTRA COSTA SANITARY DISTRICT
AUTHORIZING THE ISSUANCE AND SALE OF REVENUE
INSTALLMENT CERTIFICATES IN THE MAXIMUM
PRINCIPAL AMOUNT OF $17,000,000 TO FINANCE VARIOUS
WASTEWATER PROJECTS, AND APPROVING RELATED
DOCUMENTS AND ACTIONS
WHEREAS, the Central Contra Costa Sanitary District (the "District') presently
owns and operates facilities and property for the collection, treatment and disposal of
wastewater within the service area of the District (the "Wastewater System "); and
WHEREAS, the Board of Directors of the District wishes to provide financing for
certain capital expenditures relating to the Wastewater System, consisting generally of
the San Ramon Force Main and Interceptor Project, the San Ramon Pumping Station
Renovation Project, Pumping Station SCADA and Power Management Project, the
Collection System Renovation Program, the Aeration Blowers Reconditioning Project
and the Concord Industrial Force Main Project (collectively, the "Projects "), and
WHEREAS, in order to provide financing for the Projects, the District has
requested that the Central Contra Costa Sanitary District Facilities Financing Authority,
a nonprofit public benefit corporation duly organized and existing under the laws of the
State of California (the "Authority "), enter into an Installment Sale Agreement (the
"Installment Sale Agreement ") with the District under which the Authority agrees to
finance the acquisition, construction and installation of the Projects and to sell the
completed Projects to the District in consideration of the payment by the District of
semiannual installment payments as the purchase price of the Projects (the "Installment
Payments "); and
WHEREAS, in order to raise funds for the Projects, the Authority proposes to
assign its rights under the Installment Sale Agreement to U.S. Bank, N.A., as trustee
(the "Trustee "), including its rights to receive Installment Payments, and the Authority,
the Trustee and the District propose to enter into a Trust Agreement under which the
Trustee will execute and deliver 2002 Revenue Installment Certificates (Wastewater
Facilities Improvement Project) in the aggregate principal amount of not to exceed
$17,000,000 (the "Certificates ") representing the direct, undivided fractional interests of
the owners thereof in the Installment Payments; and
WHEREAS, the Board of Directors wishes to authorize the issuance and sale of
the Certificates at this time for the purpose of providing financing for the Projects;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the
Central Contra Costa Sanitary District as follows:
Page 3 of 6
Section 1. Approval of Financing Plan and Related Documents. The Board of
Directors hereby approves the issuance and sale of the Certificates in the maximum
principal amount of $17,000,000 for the purpose of providing funds to finance the
Projects. To that end, the Board of Directors hereby approves each of the following
financing documents in substantially the respective forms on file with the Secretary,
together with any changes therein or additions thereto approved by the General
Manager or the Director of Administration (each, an "Authorized Officer'), provided
that the execution thereof by the General Manager shall be conclusive evidence of such
approval:
• Installment Sale Agreement between the District and the Authority,
under which the Authority agrees to acquire, construct and install the
Projects and to sell the completed Projects to the District in
consideration of semiannual Installment Payments to be made from
the net revenues of the Wastewater System.
• Trust Agreement among the District, the Authority and the Trustee,
whereby the Trustee agrees to execute and deliver the Certificates
and to apply the proceeds thereof to accomplish the purposes of the
financing.
The General Manager is hereby authorized and directed for and in the name and
on behalf of the District to execute the final form of each of the foregoing documents,
and the Secretary is hereby authorized and directed to attest and affix the seal of the
District to the final form of each of the foregoing documents. The schedule of
installment payments attached to the Installment Sale Agreement shall correspond to
the payments of principal and interest represented by the Certificates, to be determined
upon the sale thereof as set forth in Section 2.
Section 2. Sale of Certificates. The Board of Directors hereby authorizes and
directs the sale of the Certificates by competitive public bidding. Bids shall be received,
and the Certificates shall be sold, subject to the terms and conditions set forth in the
Official Notice of Sale in substantially the form on file with the Secretary together with
any additions thereto or changes therein deemed advisable by the Director of
Administration, whose execution thereof shall be conclusive evidence of the approval of
any such additions or changes. An Authorized Officer is hereby authorized and
directed to accept the best bid determined in accordance with the Official Notice of Sale,
in the name and on behalf of the District.
Jones Hall, A Professional Law Corporation, as bond counsel to the District, is
hereby authorized and directed to cause an appropriate notice of the District's intention
to sell the Certificates to be published once in Tlee Bond Buyer in accordance with 53692
of the Government Code. Such publication shall be made at least 15 days before the
date set for receipt of bids on the Certificates.
Section 3. Official Statement. The Board of Directors hereby approves and
deems nearly final within the meaning of Pule 15c2 -12 of the Securities Exchange Act of
2 Page 4 of 6
1934, except for permitted omissions, the preliminary Official Statement describing the
Certificates in the form on file with the Secretary. Distribution of such Preliminary
Official Statement by the Underwriter is hereby approved. An Authorized Officer is
hereby authorized and directed to approve any changes in or additions to such
Preliminary Official Statement for the purpose of finalizing such document, and the
execution thereof by the General Manager shall be conclusive evidence of approval of
any such changes and additions. The Board of Directors hereby authorizes the
distribution of the Final Official Statement by the financial advisor of the District, Stone
& Youngberg LLC, to prospective purchasers of the Certificates. The Final Official
Statement shall be executed in the name and on behalf of the District by the General
Manager, and shall be made available to the purchaser of the Certificates in accordance
with the Official Notice of Sale.
Section 4. Engagement of Professional Services. The Board of Directors hereby
approves the engagement of the law firm of Jones Hall, A Professional Law
Corporation, to act as bond counsel to the District, and the firm of Stone & Youngberg
LLC to act as financial adviser to the District, in connection with the issuance and sale of
the Certificates. The Director of Administration is hereby authorized and directed to
execute an agreement with each of said firms on behalf of the District, in the respective
forms on file with the Director of Administration.
Section 5. Consent to Bidding by Financial Adviser. Stone & Youngberg LLC,
as financial adviser to the District, has requested approval from the District to bid or
participate in the bidding for the purchase of the Certificates upon the competitive
public sale thereof as provided in Section 2, and the Board hereby gives its consent
thereto in accordance with the requirements of Section 53691 of the Government Code
of the State of California.
Section 6. Official Actions. The President, the General Manager, the Director
of Administration, the Controller and all other officers of the Board of Directors and the
District are each authorized and directed in the name and on behalf of the District to
make any and all assignments, certificates, requisitions, agreements, notices, consents,
instruments of conveyance, warrants and other documents, which they or any of them
might deem necessary or appropriate in order to consummate the issuance and sale of
the Certificates and any of the other transactions contemplated by the agreements and
documents approved pursuant to this Resolution. Whenever in this Resolution any
officer of the District is authorized to execute or countersign any document or take any
action, such execution, countersigning or action may be taken on behalf of such officer
by any person designated by such officer to act on his or her behalf in the case such
officer is absent or unavailable.
Section 7. Effective Date. This Resolution shall take effect from and after the
date of its passage and adoption.
* * * * * * * * * * **
Page 5 of 6
-3-
PASSED AND ADOPTED this 90, day of May, 2002, by the following vote:
AYES:
NOES:
ABSENT:
COUNTERSIGNED:
Secretary of the Central Contra
Costa Sanitary District, County of
Contra Costa, State of California
Approved as to Form:
Charles F. Adams, President
Jones Hall, A Professional Law
Corporation
Bond Counsel to the District
President of the Board of Directors of
the Central Contra Costa Sanitary
District, County of Contra Costa, State
of California
-4- Page 6 of 6
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Central Contra Costa Sanitary District
r BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: May 9, 2002 No.:
13.e.2) BUDGET AND FINANCE
Type of Action: ADOPT RESOLUTION
Subject: ADOPT RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
FACILITIES FINANCING AUTHORITY APPROVING THE ISSUANCE AND SALE OF 2002
REVENUE INSTALLMENT CERTIFICATES
Submitted By:
Debbie Ratcliff
Initiating Dept. /Div.:
Controller
REVIEWED AND RECOMMENDED FOR BOARD ACTION.
D. Ratcliff sgraves
nharles WIBa s,
General Man ger
r
ISSUE: Approval and authorization of the Board of Directors of the Central Contra" Costa
Sanitary District Facilities Financing Authority is required to issue and sell Revenue
Installment Certificates.
RECOMMENDATION: Adopt resolution approving the installment sale of wastewater
facilities improvements to the Central Contra Costa Sanitary District, authorizing execution
of the related Installment Sale Agreement, Trust Agreement, and approving delivery and
sale of not to exceed $ 17,000,000 of 2002 Revenue Installment Certificates.
FINANCIAL IMPACTS: The Central Contra Costa Sanitary District Facilities Financing
Authority agrees to finance the cost of specific capital projects and to sell the completed
projects to the District in consideration of semi - annual installment payments by the
District.
ALTERNATIVES /CONSIDERATIONS: None
BACKGROUND: In order to provide financing for certain capital projects relating to the
wastewater system (primarily the San Ramon Force Main and Interceptor Project, the San
Ramon Pumping Renovation Project and the Pumping Station SCADA and Power
Management Project, and may also include the Collection System Renovation Program,
the Aeration Blowers Reconditioning Project and the Concord Industrial Force Main
Project), the District has requested that the Central Contra Costa Sanitary District
Facilities Financing Authority, a nonprofit public benefit corporation, enter into an
Installment Sale Agreement with the District under which the Authority agrees to finance
the acquisition, construction and installation of the projects and to sell the completed
projects to the District in consideration of the payment by the District of semi - annual
installment payments.
4/29/02
S:\ ADMIN \RATCLIFF \POSPAP.MAY.9.02.wpd Page 1 of 5
POSITION PAPER
Board Meeting Date: May 9, 2002
Subject: ADOPT RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
FACILITIES FINANCING AUTHORITY APPROVING THE ISSUANCE AND SALE OF 2002
REVENUE INSTALLMENT CERTIFICATES
The attached resolution (Attachment 1) provides for the Board of Directors of the
Financing Authority to approve the issuance and sale of Revenue Installment Certificates
in the maximum amount of $17,000,000, to approve and execute an Installment Sale
Agreement between the District and the Financing Authority, and to approve and execute
a Trust Agreement between the District, the Financing Authority and U.S. Bank, N.A. as
Trustee.
RECOMMENDED BOARD ACTION: Adopt resolution approving the installment sale of
wastewater facilities improvements to the Central Contra Costa Sanitary District,
authorizing execution of the related Installment Sale Agreement, Trust Agreement, and
approving delivery and sale of not to exceed $17,000,000 of 2002 Revenue Installment
Certificates.
4/29/02
S:\ ADMIN \RATCLIFF \POSPAP.MAY.9.02.wpd Page 2 of 5
Attachment 1
RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
CENTRAL CONTRA COSTA SANITARY DISTRICT FACILITIES
FINANCING AUTHORITY APPROVING THE ISSUANCE AND
SALE OF REVENUE INSTALLMENT CERTIFICATES IN THE
MAXIMUM PRINCIPAL AMOUNT OF $17,000,000 TO
FINANCE VARIOUS WASTEWATER PROJECTS FOR THE
CENTRAL CONTRA COSTA SANITARY DISTRICT, AND
APPROVING RELATED DOCUMENTS AND ACTIONS
WHEREAS, the Central Contra Costa Sanitary District (the "District ") presently
owns and operates facilities and property for the collection, treatment and disposal of
wastewater within the service area of the District (the "Wastewater System "); and
WHEREAS, the Board of Directors of the District wishes to provide financing for
certain capital expenditures relating to the Wastewater System, consisting generally of
the San Ramon Force Main and Interceptor Project, the San Ramon Pumping Station
Renovation Project, Pumping Station SCADA and Power Management Project, the
Collection System Renovation Program, the Aeration Blowers Reconditioning Project
and the Concord Industrial Force Main Project (collectively, the "Projects "), and
WHEREAS, in order to provide financing for the Projects, the District has
requested that the Central Contra Costa Sanitary District Facilities Financing Authority,
a nonprofit public benefit corporation duly organized and existing under the laws of the
State of California (the "Authority "), enter into an Installment Sale Agreement (the
"Installment Sale Agreement ") with the District under which the Authority agrees to
finance the acquisition, construction and installation of the Projects and to sell the
completed Projects to the District in consideration of the payment by the District of
semiannual installment payments as the purchase price of the Projects (the "Installment
Payments "); and
WHEREAS, in order to raise funds for the Projects, the Authority proposes to
assign its rights under the Installment Sale Agreement to U.S. Bank, N.A., as trustee (the
"Trustee "), including its rights to receive Installment Payments, and the Authority, the
Trustee and the District propose to enter into a Trust Agreement under which the
Trustee will execute and deliver 2002 Revenue Installment Certificates (Wastewater
Facilities Improvement Project) in the aggregate principal amount of not to exceed
$17,000,000 (the "Certificates ") representing the direct, undivided fractional interests of
the owners thereof in the Installment Payments; and
WHEREAS, the Authority has been formed for the purpose of providing
financial assistance to the District in connection with the acquisition, construction and
installation of facilities relating to the Wastewater System; and
WHEREAS, the Board of Directors wishes to authorize the issuance and sale of
the Certificates at this time for the purpose of providing financing for the Projects;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the
Central Contra Costa Sanitary District Facilities Financing Authority as follows:
Page 3 of 5
Section 1. Approval of Financing Plan and Related Documents. The Board
of Directors hereby approves the issuance and sale of the Certificates in the maximum
principal amount of $17,000,000 for the purpose of providing funds to finance the
Projects. To that end, the Board of Directors hereby approves each of the following
financing documents in substantially the respective forms on file with the Secretary,
together with any changes therein or additions thereto approved by the Executive
Director or the Treasurer (each, an "Authorized Officer "), provided that the execution
thereof by the Executive Director shall be conclusive evidence of such approval:
• Installment Sale Agreement between the District and the Authority,
under which the Authority agrees to acquire, construct and install the
Projects and to sell the completed Projects to the District in
consideration of semiannual Installment Payments to be made from
the net revenues of the Wastewater System.
Trust Agreement among the District, the Authority and the Trustee,
whereby the Trustee agrees to execute and deliver the Certificates and
to apply the proceeds thereof to accomplish the purposes of the
financing, and the Authority assigns to the Trustee certain of its rights
under the Installment Sale Agreement, including its right to receive
the Installment Payments.
The Executive Director is hereby authorized and directed for and in the name
and on behalf of the Authority to execute the final form of each of the foregoing
documents, and the Secretary is hereby authorized and directed to attest and affix the
seal of the Authority to the final form of each of the foregoing documents.
Section 2. Official Actions. The President, the Executive Director, the
Treasurer, the Secretary and all other officers of the Board of Directors and the Authority
are each authorized and directed in the name and on behalf of the Authority to make
any and all assignments, certificates, requisitions, agreements, notices, consents,
instruments of conveyance, warrants and other documents, which they or any of them
might deem necessary or appropriate in order to consummate the issuance and sale of
the Certificates and any of the other transactions contemplated by the agreements and
documents approved pursuant to this Resolution. Whenever in this Resolution any
officer of the Authority is authorized to execute or countersign any document or take
any action, such execution, countersigning or action may be taken on behalf of such
officer by any person designated by such officer to act on his or her behalf in the case
such officer is absent or unavailable.
Section 3. Effective Date. This Resolution shall take effect from and after the
date of its passage and adoption.
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Page 4 of 5
PASSED AND ADOPTED this 9' day of May, 2002, by the following vote:
AYES:
NOES:
ABSENT:
President of the Authority Board of the
Central Contra Costa Sanitary District
Facilities Financing Authority,
County of Contra Costa, State of
COUNTERSIGNED: California
Secretary of the Central Contra
Costa Sanitary District Facilities
Financing Authority,
County of Contra Costa, State of
California
Approved as to Form:
Charles F. Adams, President
Jones Hall, A Professional Law
Corporation
Bond Counsel to the District
-3-
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