HomeMy WebLinkAbout7/2/2009 AGENDA BACKUPCentral Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: July 2, 2009 No.: 4. d. Consent Calendar
Type of Action: CONFIRM PUBLICATION
Subject: ADOPT A RESOLUTION CONFIRMING PUBLICATION OF A SUMMARY OF
DISTRICT ORDINANCE NO. 254 - ADOPTING AN UNCODIFIED SCHEDULE OF
,CAPACITY FEES, RATES AND CHARGES IN ACCORDANCE WITH,CHAPTER
6.12 OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT CODE
Submitted By:
Elaine R. Boehme
Secretary of the District
Initiating Dept. /Div.:
Administrative Department
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
(Xs Ok-
E. Boehme "K.'A'Ifh James M. K ly,
General Manager
ISSUE: Section 6490 of the Health and Safety Code of the State of California provides
that District ordinances shall be published once in a newspaper of general circulation
within the District, and provides that an Order of the Board of Directors of the District to
the effect that the ordinance has been published shall constitute conclusive evidence
that publication has been properly made.
RECOMMENDATION: Adopt a resolution confirming the publication of a summary of
District Ordinance No. 254.
FINANCIAL IMPACTS: None.
ALTERNATIVES /CONSIDERATIONS: Establishes presumption that the ordinance
was correctly published and therefore would be deemed procedurally valid by a court.
BACKGROUND: A summary of District Ordinance No. 254 was published in the
Contra Costa Times on May 26, 2009. Ordinance 254 was adopted by the Board at the
meeting of May 7, 2009, and adopts an uncodified schedule of capacity fees, rates and
charges in accordance with Chapter 6.12 of the Central Contra Costa Sanitary District
Code. Proof of publication is attached.
RECOMMENDED BOARD ACTION: Adopt a resolution confirming the publication of a
summary of District Ordinance No. 254.
Page 1 of 3
RESOLUTION NO. 2009-
RESOLUTION CONFIRMING PUBLICATION OF
A SUMMARY OF DISTRICT ORDINANCE NO. 254
WHEREAS, Section 6490 of the Health and Safety Code of the State of
California provides that District ordinances shall be published once in a newspaper of
general circulation within the District, and provides that an Order of the Board of
Directors of the District to the effect that the Ordinance has been published shall
constitute conclusive evidence that publication has been properly made.
NOW, THEREFORE, be it resolved by the Board of Directors of the Central
Contra Costa Sanitary District as follows:
THAT a summary of District Ordinance No. 254 has been properly published
once since its adoption in a newspaper of general circulation within Contra Costa
County. Ordinance 254 was adopted on May 7, 2009, and adopts an uncodified
schedule of capacity fees, rates and charges in accordance with Chapter 6.12 of the
Central Contra Costa Sanitary District Code,
PASSED AND ADOPTED by the Central Contra Costa Sanitary District Board of
Directors this 2nd day of July, 2009 by the following vote:
AYES:
Members:
NOES:
Members:
ABSENT:
Members:
COUNTERSIGNED:
Elaine R. Boehme
Secretary of the Central Contra Costa
Sanitary District, County of Contra
Costa, State of California
Approved as to Form:
James A. Nejedly
President of the Board of Directors,
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
Kenton L. Alm
District Counsel
Contra Costa Times
P O Box 4147
Walnut Creek, CA 94596 .
(925) 935 -2525
Central CC Sanitary
Ann /Accts Payable,5019 Imhoff Pl.
Martinez CA 94553 -4316
PROOF OF PUBLICATION
FILE NO. 254
In the matter of
I am a citizen of the United States and a resident of the County
aforesaid; I am over the age of eighteen years, and not a party to or
interested in the above - entitled matter.
I am the Principal Legal Clerk of the Contra Costa Times, a
newspaper of general circulation, printed and published at 2640
Shadelands Drive in the City of Walnut Creek, County of Contra
Costa, 94598
And which newspaper has been adjudged a newspaper of general
circulation by the Superior Court of the County of Contra Costa,
State of California, under the date of October 22, 1934, Case
Number 19764.
The notice, of which the annexed is a printed copy (set in type not
small than nonpareil), has been published in each regular and entire
issue of said newspaper and not in any supplement thereof on the
following dates, to -wit:
5/26/2009
I certify (or declare) under the.penalty of perjury
that the foregoing is true and correct.
Executed at Walnut Creek, California
On this 27 day of May, 2009
Signature
0
Legal No
SUMMARY OF
ORDINANCE NO.254
AN ORDINANCE OF THE
CENTRAL CONTRA
COSTA SANITARY
DISTRICT
ADOPTING AN
UNCODIFIED
.SCHEDULE OF CAPACITY
FEES, RATES AND
CHAIMES IN
ACCORDANCE WITH
DISTRICT CODE
CHAPTER 6=
ordinance No. 254
adopts an uncodifled
Schedule of Capaclty
Fees, Rates and Charg-
es' Including an In-
crease If the Gravltv Ca-
lent. These Increases re-
sult in a Gravity Zone
Fee (Zone '1) of :$5 298
per .Residential Unit
Eqquivalent and a Pump -
ed Zone Fee (Zone 2) of
$6,949 pper Residential
Unit Equivalent The.new
fees will be effective on
July 6, 2009.
NOTE: The above is a
summary of major high-
lights of the proposed
ordinance. A reading of
the entire ordinance
may be necessary to ob-
tain a full understanding
of all of the changes
nez and /or a copyY mayY
be obtained from th e of-
fice.
Adopted:
May 7, 2009
AYES:Members: Hockett,
Lucey, McGill, Menesini,
Nejedly
NOES:Members: None
ABSENT: Members: None
s/s James A. Nejedly
President of the District
Board of the
Central Contra Costa
Sanitary District,
County of Contra Costa
State of California
COUNTERSIGNED:
s/s Elaine R. Boehme
Secretary of the Central
Contra Costa
Sanitary District, County
of Contra
Costa, State of Callfor-
nla
Approved as to Form:
s/s Kenton L. Alm
District Counsel
CCT #3159144
May 26. 2009
0003159144
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: July 2, 2009 No.: 4.e. Consent Calendar
Type of Action: CONFIRM PUBLICATION
Subject: ADOPT A RESOLUTION CONFIRMING PUBLICATION OF A SUMMARY OF
DISTRICT ORDINANCE NO. 255 - ADOPTING AN UNCODIFIED SCHEDULE OF
ENVIRONMENTAL AND DEVELOPMENT - RELATED RATES AND CHARGES IN
ACCORDANCE WITH CHAPTER 6.30 OF THE CENTRAL CONTRA COSTA
SANITARY DISTRICT CODE
Submitted By:
Elaine R. Boehme
Secretary of the District
Initiating Dept. /Div.:
Administrative Department
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
E. Boehme K. Alm James M. Ily,
General Manager
ISSUE: Section 6490 of the Health and Safety Code of the State of California provides
that District ordinances shall be published once in a newspaper of general circulation
within the District, and provides that an Order of the Board of Directors of the District to
the effect that the ordinance has been published shall constitute conclusive evidence
that publication has been properly made.
RECOMMENDATION: Adopt a resolution confirming the publication of a summary of
District Ordinance No. 255.
FINANCIAL IMPACTS: None.
ALTERNATIVES /CONSIDERATIONS: Establishes presumption that the ordinance
was correctly published and therefore would be deemed procedurally valid by a court.
BACKGROUND: A summary of District Ordinance No. 255 was published in the
Contra Costa Times on May 26, 2009. Ordinance 255 was adopted by the Board at the
meeting of May 7, 2009, and adopts an uncodified schedule of environmental and
development - related rates and charges in accordance with Chapter 6.30 of the Central
Contra Costa Sanitary District Code. Proof of publication is attached.
RECOMMENDED BOARD ACTION: Adopt a resolution confirming the publication of a
summary of District Ordinance No. 255.
Page 1 of 3
RESOLUTION NO. 2009-
RESOLUTION CONFIRMING PUBLICATION OF
A SUMMARY OF DISTRICT ORDINANCE NO. 255
WHEREAS, Section 6490 of the Health and Safety Code of the State of
California provides that District ordinances shall be published once in a newspaper of
general circulation within the District, and provides that an Order of the Board of
Directors of the District to the effect that the Ordinance has been published shall
constitute conclusive evidence that publication has been properly made.
NOW, THEREFORE, be it resolved by the Board of Directors of the Central
Contra Costa Sanitary District as follows:
THAT a summary of District Ordinance No. 255 has been properly published
once since its adoption in a newspaper of general circulation within Contra Costa
County. Ordinance 255 was adopted on May 7, 2009, and adopts an uncodified
schedule of environmental and development - related rates and charges in accordance
with Chapter 6.30 of the Central Contra Costa Sanitary District Code,
PASSED AND ADOPTED by the Central Contra Costa Sanitary District Board of
Directors this 2 "d day of July, 2009 by the following vote:
AYES:
Members:
NOES:
Members:
ABSENT:
Members:
COUNTERSIGNED:
Elaine R. Boehme
Secretary of the Central Contra Costa
Sanitary District, County of Contra
Costa, State of California
Approved as to Form:
James A. Nejedly
President of the Board of Directors,
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
Kenton L. Alm
District Counsel
Contra Costa Times
P O Box 4147
Walnut Creek, CA 94596
(925) 935 -2525
Central CC Sanitary
Ann /Accts Payable,5019 Imhoff Pl.
Martinez CA 94553 -4316
PROOF OF PUBLICATION
FILE NO. 255
In'the matter of
I am a citizen of the United States and a resident of the County
aforesaid; I am over the age of eighteen years, and not a party to or
interested in the above - entitled matter.
I am the Principal Legal Clerk of the Contra Costa Times, a
newspaper of general circulation, printed and published at 2640
Shadelands Drive in the City of Walnut Creek, County of Contra
Costa, 94598
And which newspaper has been adjudged a newspaper of general
circulation by the Superior Court of the County of Contra Costa,
State of California, under the date of October 22, 1934. Case
Number 19764.
The notice, of which the annexed is a printed copy (set in type not
small than nonpareil), has-been published in each regular and entire
issue of said newspaper and not in any supplement thereof on the
following dates, to -wit:
5/26/2009
I certify (or declare) under the penalty of perjury
that the foregoing is true and correct.
Executed at Walnut Creek, California.
On this 27 day of May, 2009
Signature
Legal No
SUMMARY OF
ORDINANCE NO. 255
AN ORDINANCE OF THE
CENTRAL CONTRA
COSTA SANITARY
DISTRICT ADOPTING AN
UNCODIFIED
SCHEDULE OF
ENVIRONMENTAL AND
'DEVELOPMENT - RELATED
RATES AND CHARGES IN
ACCORDANCE WITH
DISTRICT CODE
CHAPTER 630
Ordinance No. 25!
adopts an uncodiflec
nine
L.8 to 31.7 per -
new fee for In-
an hourly rate.to cover
staff work needed be-
yond a base period. The
new fees will be effec-
tive on July 6, 2009.
NOTE: The above Is a
summary of major high -
Ilghts of the proposed
ordinance. A reading of
the entire ordinance
may be necessary to ob-
tain a full understanding
of all the changes pro-
posed. ,ff Mull text of the
they
Adopted:
May 7,20D9
AYES: Members: Hockett,
Luce McGill, Menesini,
NejedYlYy
NOES:Members:None
ABSENT. Members: None
s /s.James A. Neledly
President of the District
Board of the
Central Contra Costa
Sanitary District,
County of Contra Costa,
State of California
COUNTERSIGNED:
s/s Elaine R. Boehme
Secre tary of the Central
Contra Costa
Sanitary District, County
of Contra
Costa State of Califor-
nia
Approved as to Form:
s/s Kenton L. Alm
District Counsel
CCT #3159142
May 26, 2x09
0003159142
Central Contra Costa .Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: July 2, 2009
Type of Action: ADOPT RESOLUTION
No.: 4. f . Consent Calendar
subject: ADOPT A RESOLUTION ACCEPTING AN OFFER OF DEDICATION FROM
SHAPELL INDUSTRIES AND AUTHORIZING RECORDING OF THE RESOLUTION
WITH THE CONTRA COSTA COUNTY RECORDER (JOB 5864 — PARCEL 1*
DOUGHERTY VALLEY, SAN RAMON)
Submitted By:
Pat Camorongan, Engineering Assistant III
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
Initiating Dept. /Div.:
Engineering /Environmental Services
P. Camorongan J. Mi moto -Mills C. Swanson A. Farrell K. Alm James M. KeVly,
General Manager
ISSUE: A resolution of the Board of Directors is required to accept offers of dedication
and to authorize staff to record documents.
RECOMMENDATION: Adopt a resolution accepting an offer of dedication for an
easement in the Dougherty Valley area of San Ramon and authorizing staff to record
the resolution with the Contra Costa County Recorder.
FINANCIAL IMPACTS: The new easement was acquired at no cost to the District.
ALTERNATIVES /CONSIDERATIONS: None.
BACKGROUND: The Board of Directors
regularly accepts easements by
resolution. The recommended resolution
will accept an easement installed during
a recent sewer extension in the
Dougherty Valley area of San Ramon.
Staff has reviewed the easement
documents and determined that they are
in compliance with District standards.
RECOMMENDED BOARD ACTION:
Adopt a resolution accepting an offer of
dedication from Shapell Industries for an
easement in the Dougherty Valley area
%J San Ramon and authorizing staff to—
record the resolution with the Contra Costa County Recorder.
"Easement parcel numbers are for internal job log use only.
N: \ENVRSEC \Position Papers \Camorongan \PP 5864 IOD Shapell Final 7- 2- 09.doc Page 1 of 1
Central Contra Costa Sanitary District
' , BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: July 2, 2009 No.: 4.g. Consent Calendar
Type of Action: ADOPT RESOLUTION
Subject: ADOPT A RESOLUTION ACCEPTING AN OFFER OF DEDICATION FROM
RAINBOW INVESTORS FOR AN EASEMENT IN THE CITY OF PLEASANT HILL SHOWN
ON THE RECORDED FINAL MAP OF SUBDIVISION 8896 AND AUTHORIZING
RECORDING OF THE RESOLUTION WITH THE CONTRA COSTA COUNTY RECORDER
(JOB 5899, PARCEL 2 *)
Submitted By:
Pat Camorongan, Engineering Assistant III
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
Initiating Dept /Div.:
Engineering /Environmental Services
O�A�" �/ Id o�pp"-
P. Camorongan J. yamoto -Mills C. Swanson A. Farrell K. Alm James M. K ly
General Manager
ISSUE: A resolution of the Board of Directors is required to accept offers of dedication
and to authorize staff to record documents.
RECOMMENDATION: Adopt a resolution accepting an offer of dedication for an
easement in Pleasant Hill and authorizing staff to record the resolution with the Contra
Costa County Recorder.
FINANCIAL IMPACTS: The new easement was acquired at no cost to the District.
ALTERNATIVES /CONSIDERATIONS: None.
BACKGROUND: The Board of Directors
regularly accepts easements by resolution. The
recommended resolution will accept an
easement shown on the recorded final map of
Subdivision 8996 required for a recent sewer
extension off Rainbow Lane, in the City of
Pleasant Hill. Staff has reviewed the subdivision
map and determined that it is in compliance with
District standards.
RECOMMENDED BOARD ACTION: Adopt a
resolution accepting an offer of dedication from
Rainbow Investors, Limited Partnership, in the
City of Pleasant Hill shown on the final map of
GREGORYLN
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BOYD RD
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OAK PARK BLVD
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VICINITY MAP
N.T.S.
Subdivision 8996 and authorizing recording of the resolution with the Contra Costa
County Recorder.
*Easement parcel numbers are for internal job log use only.
N: \ENVRSEC \Position Papers \Camorongan \PP 5899—Office of Dedication Rainbow Draft 7- 2- 09.doc Page 1 of 1
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: July 2, 2009 No.: 4.h. Consent Calendar
Type of Action: ADOPT A RESOLUTION
subject: ADOPT A RESOLUTION AUTHORIZING STAFF TO EXECUTE AND
RECORD AGREEMENTS AND PROMISSORY NOTE RELEASES UNDER THE
ONE -YEAR CONNECTION FEE PAYMENT DEFERRAL PILOT PROGRAM
Submitted By: Initiating Dept. /Div,:
Jarred Miyamoto - Mills, Principal Engineer Engineering / Environmental Services
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
J. i amoto -Mills C. Swanson A. Farrell James M. Ily,
General Manager
ISSUE: Board of Directors' authorization by resolution is required for staff to execute
and record agreements and promissory note releases under the One -Year Connection
Fee Payment Deferral Program.
RECOMMENDATION: Adopt a resolution authorizing staff to execute and record
agreements and promissory note releases under the One -Year Connection Fee
Payment Deferral Program.
FINANCIAL IMPACTS: None under this action.
ALTERNATIVES /CONSIDERATIONS: The Board could direct staff to conduct the pilot
program without requiring recorded agreements for connection fee deferral. This is not
recommended because it could put the collection of these fees at risk.
BACKGROUND: At its June 4, 2009 regular meeting, the Board of Directors approved
a One -Year Connection Fee Payment Deferral Program. The program allows builders
the option of signing a promissory note and recordable agreement calling for payment
of fees either upon close of escrow, first occupancy, or after expiration of a two -year
period from the issuance of the Connection Permit, whichever event occurs first. Board
of Directors' authorization by resolution is required for staff to execute and record
agreements and promissory note releases under the program. An example of the
One -Year Connection Fee Payment Deferral Program Agreement is attached
(Attachment 1).
RECOMMENDED BOARD ACTION: Adopt a resolution authorizing staff to execute
and record agreements and promissory note releases under the One -Year Connection
Fee Payment Deferral Program.
N: \ENVRSEC \Position Papers \Miyamoto- Mills\2009 \PP Authorize Record Docs Deferral Fees Final 7- 2- 09.doc
Attachment 1
FORM OF AGREEMENT
Recording Requested by
and when Recorded, return to:
CENTRAL CONTRA COSTA SANITARY DISTRICT
5019 Imhoff Place
Martinez, CA 94553
Attn: Executive Director
EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE §§6103,27383
SAMPLE
(SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE)
MEMORANDUM OF AGREEMENT TO PAY
DEFERRED FEES AND CHARGES
This Memorandum of Agreement to Pay Deferred Fees and Charges
( "Memorandum ") dated as of , 20 , is entered into by and between
, ( "Owner "), and Central Contra Costa Sanitary District,
a California special district ( "District ").
1. Owner has given a promissory note (the "Note ") to District to evidence the
repayment of certain Capacity Fees and Annexation Charges (the "Deferred. Fees and
Charges ") due from Owner to District with respect to the property located at
[ADDRESS] in [CITY] , California known as APN
(the "Property ") as more particularly described below:
Lot , as said lot is shown on the map of Tract filed
20_, in Book of Maps at Page , Contra Costa
County Records.
2. Among other conditions, the Note provides that the Deferred Fees and Charges
must be paid upon the sale, transfer, lease or first occupancy for residential or
commercial use of the Property.
4. Owner and District have executed and recorded this instrument to give notice of
the Note and the District's rights thereunder. Copies of the Note are available at the
offices of the District, 5019 Imhoff Place, Martinez, California, and the Note is
incorporated by reference in its entirety in this Memorandum. In the event of any
inconsistency between this Memorandum and the Note, the Note shall control.
5. This Memorandum shall be interpreted and enforced in accordance with
California law without regard to principles of conflict of laws.
N: \ENVRSEC \Position Papers \Miyamoto- Mills\2009\Attach 1 - PP Deferral of Fees Final Agrmt 7 -2 -09 Rev- jm2.DOC 1
6. The Note shall bind and inure to the benefit of the Owner and the District and
their respective successors and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum as
of the date first set forth above.
CENTRAL CONTRA COSTA
SANITARY DISTRICT
By:
Its:
OWNER
Company: _
By:
Print Name:
Title:
By:
Print Name:
Title:
Signature
Signature
SIGNATURES MUST BE NOTARIZED
NAENVRSEC \Position Papers \Miyamoto- Mills\2009\Attach 1 - PP Deferral of Fees Final Agrmt 7 -2 -09 Rev- jm2.DOC 2
RESOLUTION NO. 2009-
A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
TO AUTHORIZE STAFF TO EXECUTE AND RECORD AGREEMENTS
AND PROMISSORY NOTE RELEASES UNDER THE ONE -YEAR CONNECTION FEE
PAYMENT DEFERRAL PILOT PROGRAM
WHEREAS, on June 4, 2009, the Board of Directors adopted Resolution No. 2009 -034,
which approves a One -Year Connection Fee Deferral Program for certain homes or
buildings being built on vacant parcels; and
WHEREAS, to participate in the deferral program, the builder must sign a promissory note
and recordable agreement calling for payment of fees upon close of escrow, first
occupancy, or after expiration of a two -year period from the issuance of the Sewer
Connection Permit.
BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary District
( "District ") as follows:
THAT, having determined that it is an appropriate staff function to sign and record
agreements and promissory note releases associated with the One -Year Connection Fee
Deferral Program, the Board hereby grants to the General Manager and /or his designee
authority to record said agreements and promissory note releases with the Recorder of
Contra Costa County.
PASSED AND ADOPTED this 2nd day of July 2009, by the Board of Directors of the
Central Contra Costa Sanitary District by the following vote:
AYES:
Members:
NOES:
Members:
ABSENT:
Members:
James A. Nejedly
President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
COUNTERSIGNED:
Elaine R. Boehme
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
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: July 2, 2009 No.: 4.i. Consent Calendar
Type of Action: INFORMATIONAL
subject: ADVISE THE BOARD OF THE CLOSEOUT OF THE TREATMENT PLANT
SITE IMPROVEMENTS, DISTRICT PROJECT 7251
Submitted By: Initiating Dept. /Div.:
Munawar Husain, Associate Engineer Engineering /Capital Projects
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
01 f rLi1
M. Husain B. Th n i ecki A. Farrell James M. lQlly,
General Manager
ISSUE: All work has been completed on the Treatment Plant Site Improvements
Project, DP 7251, and this project can now be closed out.
RECOMMENDATION: Close out the project.
FINANCIAL IMPACTS: This closeout will result in approximately $34,500 being
returned to the Treatment Plant Program. Attachment 1 shows the project expenditures
by category.
ALTERNATIVES /CONSIDERATIONS: Not applicable.
BACKGROUND: The project work included: site drainage modifications; concrete
flatwork and paving; roadway modifications; permeable pavement installation;
demolition of railroad tracks; site pavement, pavement repairs; pavement sealing and
striping; installation of fences and gates; and installation of handrails, landscaping work
and modifications in parking areas of the Headquarters Office Building, Plant
Operations Building, Laboratory, Household Hazardous Waste Collection Facility, and
the Annex to meet compliance requirements of the Americans with Disability Act (ADA).
On April 3, 2008, the Board of Directors authorized the award of a construction contract
for this work to Lister Construction, Inc. The Notice to Proceed was issued on
May 2, 2008. The project was accepted by the Board on June 18, 2009.
The original construction contract amount was $1,584,000. During the construction
phase, unanticipated additional work and costs were identified. Actual work at various
locations was different than expected; e.g., unknown lines and obstructions were
encountered during storm drain replacement work in the HOB parking lot. Extensive
pavements and curb replacement and drainage improvement work was performed in
the HOB parking lot, Imhoff Place, and the paved access to the Annex buildings. To
minimize impact to District employees, visitors, and public during normal working hours,
a significant portion of the change order and contract work was performed after hours
N: \PESUP \Position Papers \HUSAIN \7251 Closeout.doc Page 1 of 3
POSITION PAPER
Board Meeting Date: July 2, 2009
Subject ADVISE THE BOARD OF THE CLOSEOUT OF THE TREATMENT PLANT
SITE IMPROVEMENTS, DISTRICT PROJECT 7251
and on weekends. Additional landscaping work was performed adjacent to the Pump
and Blower Building and in the vicinity of MCC32. There were twenty (20) construction
change orders issued in the total amount of $389,946 to address numerous items of
work and costs. The total amount paid to the Contractor was $1,973,946.
The total authorized budget for the project was $2,784,000, which included a
contingency of $317,000. The total project cost was $2,749,500, which is
approximately 1.2 percent less than the budgeted amount. The project closeout will
result in $34,500 being returned to the Treatment Plant Program (see Attachment 1 for
the Expenditure Summary).
RECOMMENDED BOARD ACTION: This item is presented to the Board of Directors
for information. No action is necessary.
N:\PESUP \Position Papers \HUSAIN \7251 Closeout.doc Page 2 of 3
ATTACHMENT 1
TREATMENT PLANT SITE IMPROVEMENTS
DISTRICT PROJECT 7251
EXPENDITURE SUMMARY
ACTIVITY
COST
Total Budget
$2,784,000
Construction Contract
$1,584,000
Change Orders
$389,946
Change Order % of Construction
24.6%
Total Construction Amount
$1,973,946
Engineering, Design, CM, Admin.
$775,554
Engineering, Design, CM, Admin. - % of Construction
39.3%
TOTAL PROJECT EXPENDITURES
$2,749,500
Amount to be returned to the Treatment Plant Program
$34,500
NAPESUP \Position Papers \HUSAIN \7251 Closeout.doc Page 3 Of 3
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: July 2, 2009 No.: 4.j. Consent Calendar
Type of Action: AUTHORIZE GENERAL MANAGER TO ENTER INTO AGREEMENTS
subject: AUTHORIZE THE GENERAL MANAGER TO ENTER INTO AGREEMENTS
WITH CITIES FOR THE SOURCE CONTROL SECTION TO CONDUCT LIMITED
STORM WATER INSPECTION SERVICES WHILE THE AGREEMENT WITH THE
CONTRA COSTA CLEAN WATER PROGRAM IS BEING PROCESSED
Submitted By: Initiating Dept. /Div.:
Tim Potter, Environmental Engineering /Environmental Services Division
Compliance Superintendent
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
V+
T. Potter A. Farrell . Alm James 001Y
General Manager
ISSUE: The current service agreement with the Contra Costa Clean Water Program
(CWP) expires on June 30, 2009 and renewal of this agreement will not be completed
prior to this date. Central county cities rely on the District to conduct storm water
compliance services that includes investigations that are time sensitive (e.g. spill
investigations, illicit discharges).
RECOMMENDATION: Authorize the.General Manager to enter into agreements with
cities that request interim coverage for the District's Source Control Section to conduct
limited storm water investigations while the CWP agreement is processed.
FINANCIAL IMPACTS: The agreements with the cities will defer to the CWP
agreement conditions that provides for indemnification and full reimbursement of the
District's costs to provide the services.
ALTERNATIVES /CONSIDERATIONS: Entering into this contractual agreement is a
voluntary action. The alternative is to not process these agreements and to completely
suspend services currently provided until the CWP agreement renewal is processed.
BACKGROUND: The District's Source Control Section has provided storm water
inspection services for the central county cities since fiscal year 1997/98. Unfortunately,
I he renewal of the current CWP agreement will not be completed prior to the expiration
date. The District notified the CWP that inspection services under this agreement will be
suspended effective July 1, 2009 until the agreement renewal is processed.
During this suspension of services, cities may need to respond to time sensitive events
involving spills or illicit discharges to the storm water management system. The City
Engineer for Martinez contacted the District on June 23, 2009 to determine if a separate
agreement could be processed. directly with the city to enable some storm water
N: \ENVRSEC \Position Papers \Potter \2009 \PP Cities Agreement CWP Agreement 7- 2- 09.DOC
POSITION PAPER
Board Meeting Date: July 2, 2009
subject: AUTHORIZE THE GENERAL MANAGER TO ENTER INTO AGREEMENTS
WITH CITIES FOR THE SOURCE CONTROL SECTION TO CONDUCT LIMITED
STORM WATER INSPECTION SERVICES WHILE THE AGREEMENT WITH THE
CONTRA COSTA CLEAN WATER PROGRAM IS BEING PROCESSED
investigation services to be conducted while the CWP agreement is being processed
since they will not have the resources to meet their obligation to properly respond to
these types of urgent investigations without the assistance of District staff. Several
other cities have indicated a similar concern.
If requested by the central county cities, individual agreements will be processed to
authorize the District's Source Control Section to conduct limited inspection services so
that time sensitive cases involving spills or illicit discharges to the storm water
management system can be properly investigated. Routine proactive inspections will
not be conducted under these interim agreements with the individual cities. The term of
these individual agreements will be effective until the CWP service agreement is
processed or six (6) months, whichever occurs first.
RECOMMENDED BOARD ACTION: Authorize the General Manager to enter into
agreements with cities that request interim coverage for the District's Source Control
Section to conduct limited storm water investigations while the CWP agreement is
processed, not to exceed December 31, 2009.
N: \ENVRSEC \Position P6pers \Potter \2009 \PP Cities Agreement CWP Agreement 7- 2- 09.DOC
Agenda Item 6.a.1)
Bid Results for Calendar Year
2009
Board Update
July 2, 2009
Calendar Year 2009 Bid Results*
Engineer's Construction Estimate
$13,880,000
Low Bid
$10,117,000
Savings (27 %)
$3,763,000
2008/09 CIB Construction
Estimate
$12,697,000
Savings (20 %)
$2,580,000
* Based on 10 Projects Bid Since January 1, 2009
Difference Between CIB Vs.
Engineer's Estimates
• CIB is Prepared Without the Benefit of Plans
and Specifications
• Engineer's Estimate is Based on Latest Plans
and Specifications
• Scope Sometimes Grows in Sewer
Renovation Projects if Needed to Address:
—CSO Urgent Repairs
— Accommodate City Paving /Improvement
Projects
—Minimize Repeated Neighborhood Impacts
Future Update
Staff will present a more detailed
analysis of the potential savings in
FY 2009/10 at the August 6 Board
Meeting.
T__
2
11
Questions ? ? ??
Agenda Item 6.a.2)
Board Meeting of July 2, 2009
Written Announcements:
Board Follow -Up Items
a) CASA Withdrawal Procedure
The procedures for a possible withdrawal from the California Association
of Sanitation Agencies (CASA) was raised at the June 18th Board Meeting.
The procedures are very simple, in as much as non - payment of annual
dues results in termination of membership. Article XI Section 1 provides
that membership dues are payable each calendar year with payment due
no later than February 1 st. Separately, if the Board were to seek
immediate termination, Article V Section 2 (Termination) further provides
that the membership of any member may be voluntarily terminated at any
time by such member sending written notification of its intent to withdraw.
Withdrawal or termination ends any participation in the Association
activities and shall "terminate a member's interest in the Association's
assets." (See attached CASA Bylaws).
b) BACWA Contribution To City Of Vacaville NPDES
Permit Case
At their meeting of June 25, 2009, the BACWA Board considered a
request to contribute to the City of Vacaville's NPDES permit case. The
BACWA Board agreed to contribute $5,000. Staff will bring this matter
back to the District Board for reconsideration at the July 16, 2009, Board
meeting.
Staff Meetings /Events
c) Summer Student Picnic Cancelled
The Annual Summer Student Picnic, originally scheduled for Wednesday,
June 24, 2009, has been cancelled. The decision was made based on the
issue of potential public perception and its negative impact on the District
in a period of economic turmoil. Specifically, seeing more than 100 people
gathered mid -week in a County park with a number of District vehicles
parked in an adjacent lot could give the public a negative impression of.
District employees.
d) Walnut Creek Sewer Renovation Project (Phase 7) Public
Workshop
The District hosted a public workshop on Tuesday, June 3 from 7 p.m. to 8
p.m. The meeting was held at the Walnut Creek City Hall., and there were
13 attendees from 11 different addresses. Topics discussed were
expected construction impacts, paving and property restoration, and
lateral replacement. Residents from Bradley Ave. and Camrose Place had
specific concerns regarding existing storm drains and runoff issues.
Project Updates
e) Advertisement of Sewer TV Inspection Contract
Staff will advertise for the TV Inspection of Sanitary Sewers on July 10,
2009 and July 15, 2009 with bid opening on July 27, 2009. The position
paper for award is planned for August 6, 2009. The work generally
consists of providing sewer television inspection for those pipe segments
in San Ramon, Clyde, and un- incorporated areas of the County that have
not been inspected.
f) Walnut Creek Sewer Renovation Phase 7
Staff will advertise for the Walnut Creek Sewer Renovation Phase 7
Project on July 3, 2009 and July 9, 2009 with bid opening on July 17,
2009. The position paper for award is planned for August 6, 2009. The
work generally consists of replacement of 10,000 feet of sewer mains
mostly located in the Homestead and Oak Knoll areas of Walnut Creek.
g) Headworks and Mechanical Shop Roof Replacements
Protect, DP 7211
It was reported to the Board in the June 18th Written Announcements that
Best Contracting Services (BEST) unofficially informed the District that
they made a $100,000 mistake in their bid for the Headworks and
Mechanical Shop Roof Replacements Project. On June, 18, 2009, Mr.
Mohammad H. Beigi, General Manager for BEST, replied and indicated
that Best "has every intention of moving forward with this project to its
completion." (See attached letter). Staff is working to start the
construction work this summer.
General Updates
h) Round Hill Estates North Announcement
Round Hill Estates North is located in Alamo above the Round Hill Country
Club. Many of the homes are served by sewers installed on benches cut
into the hillside. The benches were designed to collect and convey
rainwater. The benches are often fifty feet and more below the homes.
Access to the sewers for maintenance and repair is via these benches.
There are approximately 160 homes in this subdivision. About one third
have an issue with the condition of the bench below the home that
impedes access. Examples of these issues are overgrown brush and
small landslides. There are also some issues in the land maintained by
the homeowners' association (HOA)
The District's position is that the individual property owners or the HOA
have the responsibility to protect the bench by performing maintenance as
necessary. In addition, the District has the right under Title 7 of the
District Code to perform such maintenance in order to access District
facilities and is not responsible for the cost of such maintenance.
District staff and legal counsel will be meeting with the Round Hill Estates
North HOA the evening of Tuesday, July 28, 2009, to discuss this matter.
Thereafter, staff proposes to contact the homeowners via letter notifying
each of them of the particular issue or issues on their property.
i) Walnut Creek Pharmaceutical Collection Program
In February 2009, the District and City of Walnut Creek began a six -month
Pharmaceutical Collection Pilot Program located at the Walnut Creek City
Hall. Under the terms of the pilot program, the City of Walnut Creek Police
Department is responsible for collection and temporary storage of
unwanted or expired medications, and the District is responsible for pick
up and disposal of the pharmaceuticals. Towards the end of the pilot
program period, the City and District are to determine whether or not the
collection program should be continued.
In a letter dated June 3, 2009, the City has formally requested that the
District continue the collection program in City Hall (see attached letter).
The Board Household Hazardous Waste Committee will evaluate the pilot
program and consider continuation at its meeting on July 6, 2009
CASA BYLAWS
ARTICLE 1
Name
This Association shall be known as the "CALIFORNIA ASSOCIATION OF SANITATION
AGENCIES," and is a nonprofit Mutual Benefit Corporation.
ARTICLE II
Mission and Strategic Goals
Section 1. Mission Statement
The mission of the California Association of Sanitation Agencies is to provide proactive
leadership, innovative solutions, and timely education and information to CASA members,
legislators, and the public, and to promote partnerships on wastewater issues with other
organizations, so that sound public health and environmental goals may be achieved.
Section 2. Strategic Goals
The Strategic Goals of the Association are:
a. Through a coordinated and comprehensive advocacy and education effort, increase
understanding and awareness among state and federal lawmakers and regulatory agencies
regarding all issues facing the wastewater industry to ensure that laws and regulations advance
the wastewater treatment, collection, disposal and reclamation mission of CASA members.
b. Become the most effective, respected and influential association dedicated to wastewater
issues and the leading legislative and regulatory advocate for California's public wastewater
agencies by providing proactive leadership, innovative solutions, and sound scientific and
technical information about wastewater - related issues to lawmakers, regulators, CASA
members, and the public.
c. Develop and strengthen partnerships with other associations and organizations working on all
issues facing the wastewater industry in order to increase CASA's leadership and influence and
to provide timely education and information to CASA members, the public, the Legislature and
regulatory agencies.
d. Expand CASA's membership base in order to increase our influence with state and federal
decision - makers, as well as to enhance CASA's ability to provide a broad range of high quality
services to our members.
e. Strive to become a high - performing organization providing effective and efficient services to
CASA members, and to optimize leadership practices, staffing, organizational structures and
systems in order to achieve CASA's mission.
G-CL-04L)
47>
CASA BYLAWS
ARTICLE III
Corporate Powers
The Executive Board of the Association shall have the authority to perform any act to affect the
mission and strategic goals of the Association, directly or indirectly, as permitted under California
Corporation Code Sections 5110 et seq.
ARTICLE IV
Place Of Business
The principal office of the Association for mailing address and other similar uses shall be the
office of the Executive Director in Sacramento, California. The Association may have offices and
transact business at such other places as the Executive Board may from time to time designate.
ARTICLE V
Membership
Section 1. Classification
There shall be the following classes of membership in the Association:
Class 1. Active Member: Any local public agency or public organization authorized by law
to engage in the collection, treatment, or disposal of wastewater or the reclamation of water
therefrom, may become an Active Member of the Association upon application and payment
of the required dues. Acceptance to Active Membership shall authorize full participation in
Association activities.
Class 2. Associate Member: Any person or corporation that has a bona fide interest in the
welfare of the Association and its mission and strategic goals may become an Associate
Member of the Association upon application and payment of the required dues. Acceptance to
Associate Membership shall authorize participation in Association activities provided, however,
that Associate Members shall have no rights to vote and the Associate Member representatives
shall not be eligible for election or appointment as an Officer of the Association.
Class 3. Honorary Member: Honorary life membership in the Association may be granted only by
majority vote of the Executive Board. Any person who meets the following minimum criteria may,
by vote of the Executive Board, be granted an honorary life membership in the Association:
1. Shall no longer be actively employed or affiliated with a member agency of the Association.
2. Shall have held leadership positions, such as officer, director, committee chair or staff in
the Association.
3. Shall have been an active participant in the Association for at least ten years.
4. Shall have made a significant individual contribution to the Association's mission and goals.
:48;1
CASA BYLAWS
Honorary life members are not required to pay dues or assessment, nor shall they be entitled
to vote or hold office as an Officer or a Director -at- Large. They shall be entitled to notice and to
attend meetings in an emeritus capacity and at their own cost to contribute their knowledge and
experience for the good of the Association.
Section 2. Termination
Membership in the Association shall cease upon the failure of any Active or Associate member
to pay the dues provided in Article XI. The membership of any Active or Associate member
may be voluntarily terminated at any time by such member sending written notification to
the Association's principal office of its intention to withdraw. Withdrawal or termination of
membership ends -any participation in Association activities and shall terminate a member's
interest in the Association's assets.
ARTICLE VI
Governing Body
Section 1. Composition
The governing body of the Association shall be a Council composed of one or more delegates
from each Active Member agency.
Section 2. Conferences
The Council shall hold an annual conference and such other meetings and conferences as
may be called pursuant to Article X at the time and place designated by official action of the
Executive Board.
Section 3. Voting
Each Active Member agency shall have one vote at each conference and meeting of the
Council. A majority of Active Member agencies represented at any duly noticed meeting or
conference shall constitute a quorum. If more than one delegate from any Active Member
agency attends any conference or meeting, the vote of that Active Member shall be cast by
such delegate as that agency may determine. Except as otherwise provided herein, any action
required to be taken by vote shall be by vote of a majority of Active Members present at a duly
noticed Conference or meeting.
Vote may be taken either by the President calling for a voice vote or, if there is disagreement
as to whether a matter was or was not approved, by roll call vote of all Active Member
agencies present. A roll call vote shall be taken if the President is in doubt as to a voice vote, or
determines that the matter is of sufficient importance that a roll call vote is desirable, or if any
Active Member agency formally requests a roll call vote.
9
CASA BYLAWS
ARTICLE VII
Officers And Directors
Section 1. Officers
The officers of the Association shall be a President, a First Vice- President/President- Elect,
a Second Vice President, and a Secretary- Treasurer. The officers, other than the President,
shall be elected by the Council at the Annual Conference. Any Agency Appointed Delegate,
with the consent of his /her Active Member Agency, shall be eligible to become an officer of the
Association. Any Agency Appointed Delegate or any Associate Member, with the consent of his/
her Member Agency, shall be eligible to become an elected Director -at -Large of the Association.
The President may not also serve in the office of Treasurer or Secretary while serving as
President.
Section 2. Nominations
The Nominations Committee shall submit to the Council a slate of Officers and Directors -
at -Large as nominees to the Executive Board at the second business session of the Annual
Conference. Immediately after the Nominations Committee chair submits the Nominations
Committee nominees, the President shall ask whether there are any additional nominations.
No person shall be nominated without his or her consent to serve if elected, or who is ineligible
under the provisions of these bylaws. Nominations for an office shall not be closed until the
election for the proceeding office has been completed pursuant to Section 3 below.
Section 3. Elections
The election shall take place at the third business session. Officers shall be elected in the
following order: first, First Vice President/President- Elect; second, Second Vice President; third,
Secretary- Treasurer. Six Directors -at -Large shall be elected following the election of the officers.
The seventh Director -at -Large shall be appointed by the President, and shall be a representative
of an Associate Member of the Association.
Section 4. Installation and Term
Officers and Directors -at -Large shall assume the duties of their offices as the last order of
business during the Annual Conference and shall hold office until their successors are elected
and installed, except in the case of their earlier removal or resignation. Except as provided
herein for the President, vacancies in any office or among the Directors -at -Large shall be filled
by appointment by the Executive Board, and such appointee shall hold office until the election
and installation of his /her successor.
50
CASA BYLAWS
Section 5. Other Officers
The Council may elect such other officers as the business of the Association may require, for
such terms and with such duties and authority as the Council may determine.
Section 6. Resignation /Removal
Any officer or Director of the Executive Board may be removed either with or without cause, by
a majority vote of those Active Members present at any duly noticed meeting or conference. Any
action by the Council to remove an Officer or Director shall only be taken after a minimum of
twenty-four (24) hours' prior notice is given to the Active Members at the conference or meeting.
Any Officer or Director of the Executive Board may resign at any time by giving written notice
to the President or Secretary- Treasurer. Any such resignation shall be effective at the date of
receipt of such notice or at any later time specified in the notice. Unless otherwise specified
in the notice or resignation, acceptance of the resignation shall not be necessary to make it
effective.
Section 7. President
The President shall preside at all meetings of the Council, the Executive Board, and at the
annual and other conferences, and he /she shall exercise and perform such other powers and
duties as may be assigned to him /her from time to time by the Council or prescribed by these
bylaws.
Section 8. Vice Presidents
In the absence or disability of the President, the First Vice President or, in his /her absence, the
Second Vice President, shall perform all of the duties of the President, and when so acting, shall
have all the powers of and be subject to all the restrictions on the President. In case of death or
resignation of the President, the First Vice President/ President Elect shall assume the Office
of President and fulfill the remainder of that term of office. He /She shall also serve as President
during the year following the year he /she serves as First Vice President/President- Elect. Both
the First Vice President and Second Vice President shall have such other powers and perform
such other duties as the Council or the bylaws may prescribe.
Section 9. Secretary - Treasurer
The Secretary- Treasurer shall keep or cause to be kept a book of minutes at the principal office,
or at such other place as the Council may order, of all meetings of the Council. The Secretary-
Treasurer shall give, or cause to be given, notice of all conferences and meetings of the Council
for which the bylaws require notice, and he /she shall keep the seal of the Association in safe
custody and shall have such other powers and perform such other duties as the Executive
CASA BYLAWS
Board or the bylaws prescribe and shall be compensated for such duties at an amount to be
fixed by the Council. The Secretary- Treasurer shall cause the books of the Association to be
audited annually by a Certified Public Accountant selected by the Budget and Audit Committee,
and a written report shall be submitted at the Annual Conference.
The Secretary- Treasurer shall keep and maintain the following records on behalf of the
corporation:
a. Copies of the Articles of Incorporation and Bylaws.
b. Accounting books.
c. Minutes of board and membership meetings.
d. Membership lists.
e. Any records related to special meetings.
f. Tax records.
The Secretary- Treasurer shall cause to be prepared and distributed the following reports on
behalf of the corporation:
a. Annual Report: An annual report must be prepared within 120 days of the close of the
corporation's fiscal year. This must include: a balance sheet for the end of the fiscal year;
an income statement and statement of changes in financial position for the fiscal year; a
statement of where the records of current members' names and addresses are located
and; a statement of transactions involving self - dealing, indemnifications or advances
between the corporation and any director, officer or holder of more than 10 percent of
voting power.
The report must be made available to any member on request, and members must be
notified of the availability of the report annually.
b. Secretary of State Filing: A biennial form must be filed with the Secretary of State that gives
the name and address of the officers and an agent for service of process.
c. IRS tax return: A Federal tax return must be prepared and filed by November 15 of each
year.
Section 10. Compensation
Officers and Directors -at -Large of the Association may be reimbursed for their expenses on
behalf of the Association upon prior approval of the President.
ARTICLE VIII
Executive Board
Section 1. Composition
The Association shall have an Executive Board. The membership of the Board shall consist
of: (a) the Officers (President, First Vice- Presiden UPresident- Elect, Second Vice - President,
Secretary- Treasurer); (b) the two most recent Past Presidents still associated with an Active
Member agency; and (c) seven (7) Directors -at- Large. Six Directors -at -Large shall be elected
L6
CASA BYLAWS
pursuant to Article VII, Section 3. One (1) Director -at -Large shall be appointed by the President,
and shall be a representative of an Associate Member of the Association. Directors -at -Large
may serve a maximum of four (4) consecutive one -year terms. Aformer Director -at -large may be
eligible after a two -year break in service on the Executive Board.
Section 2. Meeting Notice
The Executive Board shall meet at the written call of the President or any two (2) other members
of the Executive Board. Notice shall be given not less than ten (10) days prior to the meeting
date, except when the President determines an emergency exists. Notice of "emergency'
meetings must be at least four days if done by first class mail or 48 hours if noticed by telephone
or telegraph (including fax or e-mail) according to State law. However, individual directors may
waive these notice requirements.
Seven members of the Executive Board shall constitute a quorum for the transaction of
business. Members of the Executive Board may attend, participate, and vote at emergency
meetings of the Board by telephonic conference call. No action of the Executive Board shall be
valid unless carried by a majority vote of the members of the Executive Board.
Section 3. Powers
The Executive Board shall have the following powers:
a. It may select a time and place for conferences and meetings of the Council.
b. It may expend funds of the Association in accordance with the annual budget adopted by
the Council.
c. It may take any and all steps necessary for the good of the Association that by virtue of the
nature of the Association cannot be placed before the entire Council at a conference or
meeting.
d. The Executive Board may, by a majority vote of its members, call special meetings
or special conferences of the Council. The Board shall call such special meetings or
conferences on written request of a majority of the Active members of the Association.
Notice of any such meeting or conference shall be mailed to each Active Member Agency
and Associate Member not later than fifteen (15) days prior to the meeting date.
e. The Executive Board may appoint officers and /or Directors -at -Large to fill vacancies on the
Executive Board to fill out un- expired terms.
f. The Executive Board shall be empowered to recommend and promote the position of the
Association on legislation and regulatory issues deemed by it to be in the best interests of
the Association.
g. The Executive Board shall appoint the CASA Executive Director, who will hold office at the
pleasure of and shall receive such compensation as may be fixed by the Executive Board.
h. By a majority vote of its members, the Executive Board may, to the extent possible within
the annual budget adopted by the Council, initiate participation in litigation on behalf of the
Association.
Actions of the Executive Board shall be reported to the Council as soon as practicable. Such
actions shall be binding unless subsequently modified or reversed by majority vote of the
Council.
X53
CASA BYLAWS
ARTICLE IX
Committees
Section 1. Committees
The President shall appoint the following standing committees:
a. Associates
Associate members of the Association shall be eligible to serve on committees, but shall not
compose a majority of any committee other than the Associates Committee. All Associate
members in attendance at any CASA conference shall be members of the Associates
Committee for that conference. This committee shall provide a forum for the discussion of
issues relevant to the Association's mission and strategic goals..
b. Attorneys
All District - retained attorneys (but not attorneys who are Agency Directors) in attendance at
any CASA conference shall be members of the Attorneys Committee for that conference.
This committee shall provide a forum for the discussion of pending and /or enacted
legislation or litigation that may impact the mission of the Association.
c. Agency Directors
All Agency Directors in attendance at any CASA conference shall be members of the
Agency Directors Committee for that conference. This committee shall provide a forum for
the discussion of issues relevant to the Association's mission and strategic goals
d. Budget and Audit
The Budget and Audit Committee shall be composed of the Executive Board. This
committee shall develop the annual budget for the Association and present it to the
Executive Board and the Council for consideration.
e. Bylaws
The Bylaws Committee shall consist of a Chair and not less than two additional members
appointed by the President. This committee shall review, maintain, and update the
Association Bylaws.
f. Communications
The Communications Committee shall be composed of individuals from Active and/or
Associate Members who are professional communicators. This committee shall support
the Association's mission by providing timely and accurate information and education as
outlined in the communication plan.
g. Evaluation
The Evaluation Committee shall be composed of the President, the First Vice - President
and the immediate Past President who remains active in the association. This committee
shall evaluate the performance of the Executive Director and of any Association employees,
and shall propose compensation and fringe benefits for the Executive Director and for any
Association employees. Such recommendations shall be made initially to the Executive
Board and may either be approved by Executive Board or be referred or appealed to the
Council.
54,,`
CASA BYLAWS
h. Federal Liaison and Legislative
The President shall appoint a chair and vice chair of the Federal Liaison and Legislative
Committee for two -year terms concurrent with each Congress. The President and each Vice
President shall be ex- officio members of the Federal Liaison and Legislative Committee. The
President may appoint additional members at large. This committee shall monitor legislation
and regulations at the federal level, analyze the impact upon the Association members and
make recommendations regarding legislative positions to the Executive Board.
i. Managers
All Managers, Assistant Managers, and other staff of an Active Member agency in
attendance at any CASA Conference shall be members of the Managers Committee for that
conference. This committee shall provide a forum for the discussion of issues relevant to the
mission and strategic goals of the Association.
j. Nominations
The Nominations Committee shall be composed of the two most recent Past Presidents who
are still associated with an Active Member agency and three Active Member delegates who
are neither Officers, Directors -at- Large, nor Past Presidents. The immediate Past President
shall serve as the Chair. This committee shall submit to the Council a slate of Officers and
Directors -at -Large as nominees to the Executive Board at the Annual Conference.
k. Program
The President shall appoint a chair and vice chair of the Program Committee for two -year
terms. The Program Committee shall include a Conference Arrangements Subcommittee
chair appointed by the President to provide site selection and conference arrangements.
The Program Committee shall include two Associate members, the Chair of the Directors
and Managers Committees and any other committee member who may be appointed by the
President. This committee shall supervise and coordinate programs and arrangements for
CASA conferences.
I. State Legislative
The President shall appoint a chair and vice chair of the State Legislative Committee for
two -year terms concurrent with the State Legislative session. The President and each Vice
President shall be ex- officio members of the State Legislative Committee. The President
may appoint additional members at large. This committee shall monitor and analyze
legislation at the State level, analyze the impact upon the Association members and make
recommendations to the Executive Board.
Each committee may make recommendations to the President of the Association concerning
officers and membership of that committee. Committee chairs and co- chairs or vice - chairs shall
be appointed by the President, except as designated above.
The Council, the Executive Board, or the President may establish such additional ad hoc
committees as from time to time are deemed necessary or for the good of the Association.
CASA BYLAWS
ARTICLE X
Conferences
Section 1. Notice
The Association shall hold an Annual Conference and other periodic conferences at times and
places to be selected by the Executive Board. The Secretary- Treasurer shall notify all members
by first class or registered mail of the time, place, and agenda of the conference not sooner than
ninety (90) days, but not later than ten days prior to the opening date of the conference.
Section Z Budget
The Executive Board shall submit an annual budget for adoption by the Council. This budget
will be submitted for adoption either at the conference immediately preceding the Annual
Conference or, if the Executive Board choose, at the Annual Conference.
ARTICLE XI
Regular Dues
Section 1. Due Date
Dues for membership to the Association shall be paid on a calendar year basis and are due and
payable no later than February 1 of each calendar year at the office of the Secretary- Treasurer.
Section Z Rates
Membership dues for all members of the Association shall be determined by the Council at the
Annual Conference, subsequent to adoption of the annual budget as set forth in Article X hereof.
The dues shall be established with a minimum and a maximum.
Dues forActive Member agencies shall be determined on the basis of the member agency's
annual operating and maintenance budget that is devoted to wastewater collection, treatment,
and operation, including allocated administrative cost.
Dues for Associate Members shall be determined on the basis of the number of employees in
the member's organization.
W
CASA BYLAWS
ARTICLE XII
Rules Of Procedure
Section f. Order of Business
Agenda: The agenda for the business session of the Annual Conference or any other meeting or
conference shall be established by the President or Executive Board,
The agenda shall be posted and /or provided at least 24 hours prior to commencement of any
business session of every conference or meeting.
However, the following items must be included in the meeting notice sent out at least 10 days
before to be valid:
a. Removing directors without cause.
b. Filling vacancies on the Executive Board.
c. Approving contracts in which a director has a material financial interest.
d. Amending the Articles or Bylaws.
e. Voluntarily electing to wind up and dissolve the corporation.
f. Approving a distribution plan on winding up that is inconsistent with the distribution rights
specified in the Articles or Bylaws.
g. Any other items as required by law.
Section 2. Changes in Agenda
The President may announce time schedules and recesses, etc., in his/her sole and unlimited
discretion at any point in the agenda. The President in his/her sole discretion may make
changes in the order of the agenda, unless a two- thirds vote defeats the decision of the
President.
Section 3. Subsidiary Motions
The motion to adjourn, recess, and close nominations may be made by any Active Member
delegate or by the President. These motions will require a second and a majority voice vote. The
President or any Active Member delegate may demand a roll call vote unless, in the opinion of
the President, the demand for a roll call vote is not required to clarify the desire of the Council.
Section 4. Motion for Previous Questions
A motion for previous question requires a second and a majority voice vote, subject to the power
of the President to take a roll call vote in his /her sole discretion.
€;`5TH
CASA BYLAWS
Section 5. Motion to Refer
A motion to refer to committee shall require a second and a majority voice vote.
Section 6. Motion to Amend
A motion to amend shall require a second and a majority voice vote. The motion to amend shall
be voted on first; and then the motion, as amended, shall be voted on.
Section 7. Debate
There shall be no debate on any of the foregoing motions except the motion to amend.
Section & Parliamentarian
The Chair of the Bylaws Committee shall serve as a Parliamentarian for every general business
meeting of the Council. If the Bylaws Committee Chair is not present at any meeting of the
Council, the President shall appoint a Parliamentarian from the Active Members present. The
Parliamentarian shall have before him/her copies of the bylaws and all amendments thereto
and shall advise the President on all proper rulings. The essence of all acts by the President
shall be to render justice and to reach for the substance rather than the form. In the event of
inconsistency of the foregoing rules with Robert's Rules of Order, the former shall prevail. A two -
thirds vote of those present and voting at the meeting may suspend these rules of procedure.
ARTICLE XIII
Amendments To Bylaws
These bylaws may be amended by a majority vote of the Active Members registered at any
properly convened conference or meeting. No such amendment shall be adopted unless written
notice of the intent to make such amendment has been given by the Secretary- Treasurer to each
member agency not sooner than ninety days, but not later than ten days prior to the opening date
of such conference.
ADOPTED by the California Association of Sanitation Agencies at the
Spring Conference in Lake Tahoe, CA, on Saturday, April 29, 2006.
Attest
Thomas Selfridge, Secretary
1,501
i b
N 1 ~
e: ^e
June 16, 2009
Mr. Ba T. Than ,P.E.
Senior Engineer
Central Contra Costa Sanitary District
5019 Imhoff Place
Martinez, CA 94553
RE: Headworks and Mechanical Shop Root's
District Project No. 7211
Dear Mr-Than,
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'�li1FO?
Tatty Contr ew
We are in receipt of your letter dated June 11, 2009 referencing Project No. 7211. Best Contracting Services, Inc. has every
intention of moving forward with this project to it's completion. We are terribly sorry for any confusion or lack of
communicationyvtth your Project Manager Ms. Dana Lawson, and assure you we will move forward as directed.
Please feel free to/jall_ at anytime with any questions or concerns you may have at (510) 886 -7240.
General
BEST CONTRACT I ING SERVICES, INC.
29300 Pacific Street, Hayward. CA 94544 Tel: (5 10) 886 -7240 fax; (510) 8S6 -7322
is -moil: info{a�bestcontracting_com Website: www.bestcontraging.co An Equal Opportunity Employer
Z0 /Z0 39bd 9NI OVdiN09 iS3s ZZU988019 60:80 600Z/BT/90
C I T Y O F
WALNUT
CREEK
June 3, 2009
James M. Kelly
General Manager
Central Contra Costa Sanitary District
5019 Imhoff Place
Martinez, CA 94553 -4392
Re: INTENT TO CONTINUE PHARAMCEUTICAL COLLECTION PROGRAM
Dear James:
Since the February implementation of the pharmaceutical collection pilot program, the City of
Walnut Creek has collected over seven hundred pounds of pharmaceutical waste and staff has
received a tremendous amount of positive feedback from users on the program. Due to our
partnership with Central Contra Costa Sanitary District and the Central Contra Costa Solid
Waste Authority, staff has also experienced very little complication in providing this highly -
valued service.
In light of the encouraging results of these efforts, please consider this letter a request for the
Central Contra Costa Sanitary District to continue the program at the Walnut Creek City Hall
Lobby location. The City of Walnut Creek would like to pursue formally implementing the
program as currently funded and staffed. If you have any questions or require further
information, Please contact Operations Manager Gwen Ho- Sing -Loy at (925) 256 -3536.
Sincerer,"',.,
incerer, ',
GarvF. Poko�v
City Manager
cc: Paul Morsen, CCCSWA \
Heather Ballenger, Public Services irector
Gwcn Flo -Sing -Loy, Public Services Operations Manager
I r st ( Wice fi„N 803O_ 1660 `:nn h \ -13uI; Surct, AValnut Crock. %:A 9 4596
tcl 925.043.5891.) i,ni..ci.Nvalnt;t- ircck.ca.us
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Agenda Item 6.a.2)
Board Meeting of July 2, 2009
Additional Written Announcements:
General Uadates
j) Proposed Changes to California Special Districts
Association Bylaws
As a member of the California Special Districts Association (CSDA), the
District has been asked to vote on proposed changes to the CSDA
bylaws. The proposed changes are mostly a rearrangement of the
existing wording and some minor revisions to the CSDA election process
(summary attached). A brief paragraph describing the responsibilities of
each of the Standing Committee will also be added.
The Contra Costa Chapter of the CSDA will review the proposed changes
at its July 20, 2009, meeting and make a recommendation. With Board
concurrence, I will take their comments into account before voting to
support the proposed amendments.
k) Status of CASA's Proposed Private Sewer Lateral (PSL) .
Legislation
On July 26th, CASA representatives met with the League of California
Cities Transportation, Communication and Public Works Committee and
made a presentation on CASA's proposed PSL Legislation. The
Committee had been provided with our letters of opposition, and
reportedly, Mike Dillon and Dave Williams provided a summary of the
opposition within CASA to the potential Bill. There was a light agenda,
and only 16 of over 60 committee members were in attendance. Evidently
there were a couple of members from Marin County, so that swayed the
conversation. The Committee voted 14 -2 to recommend to the full League
of California Cities' Board to support the proposed legislation, subject to
seeing the actual proposed bill. Major reasons for supporting the
proposed legislation included:
Liked the fact that the property owner is. made responsible for the
lateral. Cities are concerned that they may be forced to own and
maintain the entire lateral if nothing is done.
Felt the proposed legislation was flexible since it gave agencies the
ability to "opt- out."
The next step is for the Committee's recommendation to be considered by
the full Board on either July 17th or 18th. There are three Board members
from our service area: Council Member Mike Doyle and Planning
Commissioner Bob Combs from Danville and Renee Zeimer Assistant to
the City Manager from Walnut Creek. In addition, staff has identified other
Board members from areas that are served by CASA members that
oppose the legislation. Staff is calling representative of those agencies to
request the contact the Board Members from their area. Staff plans to
contact representative from our area.
Staff will update the Board on additional efforts at the July 16th Board
Meeting.
it o+.. ..a..
:mamamm California Special Districts Association
Short Summary of the Proposed 2009 Changes
To the Current 2004 .......� F >, Bylaws
April 0 ,1 9
Note: Most of the changes in the 2009 revision of the Bylaws is the re- arrangement of
the wording. The Election and Bylaws Committee has been given the authority to' set the timing
of the dates for the nomination and election of "directors and the meetings of the members. Thirty
(30) day notices have been changed to forty -five (45) days: A brief paragraph describing the
responsibilities of each of the Standing Committees has been added.
ARTICLE I. GENERAL:
Section 1. Purpose, Deleted, will strive to become an association of the future; added outreach
and education.
Section 2. CSDA Regions, Added, map and names of counties located in the CSDA regions.
Section 3. Principal Office, Added, principal business office to be located in Sacramento,
California. _ .
ARTICLE II. MEMBERSHIP:
Section 1. Qualification of Membership, Changed the names of the classes of memberships and
added liaison representatives.
S teion 2. Membership Application, Added, membership in CSDA authorizes participation as
specified in the Bylaws..
Section 3. Membership Dues, Deleted, no assessments other than dues may be levied on the
members. Added, dues shall be established annually by the BOD.
Section 4. Membership Voting, Wording re- arranged and transferred to other sections.
Section 5. Membership Quorum defined as 25 qualified voting members for any meeting;
absentee ballots not accepted. Mailed ballots received from 25 qualified voting members.
Section 6. Membership Meetings, Deleted 48 hour electronic notice, added facsimile notice.
The 30 day notice changed to 45 day notice of meetings. Majority vote required to carry any
voting issue. Voting by proxy not allowed.
Section 7. Termination of Membership, Changed notice of dues in arrears from 30 to 45 days..
ARTICLE III. DIRECTORS:
Section 1. Number of Directors, Added, each member agency of CSDA is limited to (1) seat on
the BOD. Three directors from the same region shall be elected from (3) different agencies
located in that region.
Section 2. Term of Office, Added term of office shall commence upon ratification by the BOD,
and terminate in three years.
Section 3. Nomination of Directors, Added nominations shall be by regions. Only (1) nominee
from each special district will be, accepted. The CSDA staff in conjunction with the Election and
Bylaws Committee shall review and accept all qualified nominees.
Section 4. Election of Directors, Wording Re- Arranged. Added, the Election and Bylaws
Committee shall have primary responsibility for establishing and conducting elections. The
committee will set the timeline for notice of nomination and elections of director. Deadline for
receipt. of nominations set at 60 days prior to the election, receipt of ballots set at 45 days. prior to
the membership meeting.
Section 5. Event of Tie, Added, in the event of a tie, members of each region shall be entitled to
vote for the open director's seat in their region. Changed the timeline for receipt of the ballots.
Section 6. Di "rector Vacancy, Changed wording from'60 to 120 day timeline of vacancy to
"during" and "after" nomination period. Added, if a director vacancy occurs "after" the
nomination period has closed, the directors from that region shall interview and recommend a,
director from that region to the BOD for appointment
Section 7. Director Disqualification, Deleted, disqualification of a director where such director is
no longer a member of a governing body of a member special district or affiliated' service entity.
(This qualification already covered).
Section 8. Powers of Directors, Unchanged.
ARTICLE IV. DIRECTOR MEETINGS:
Section 1. Place of Meetings, Added place of meetings to be held in the State of California.
Section 2. Ratification Meeting, Added, a ratification meeting to qualify and start the term of
the newly elected directors.
Section 3. Organization Meeting, Changed the organizational meeting from 30 days following
the annual membership meeting, to a time to be held after the ratification meeting, in order to
elect and qualify the officers of the new board.
2
Section 4. Planning Session, Added, a strategic planning meeting to be held before the end of
each year to organize the _Standing Committees for the next year and to review the plans, policies
and activities related to the business interest of the CSDA.
Section 5. Regular Meetings, No change.
Sect„ ion 6. Special Meetings, Added, tele - conferencing means shall be made available for
special meetings. More time of written notice of special meetings shall be given, from 4 days to
10 days; electronic notice from 2 to 5 days.
Section 7. 'Quorum, No change.
Section 8. Official Records, Added, official records of meetings to be maintained at the
principal business office.
ARTICLE V. OFFICERS:
Section 1. Number and Selection— Wording Re- arranged.
Section 2. Duties of the President, added, the President shall recommend appointment of
committee officers and members of Standing Committees, to the BOD. Appointments are
subject to approval by the Board..
Section 3. Duties of the Vice - President, added, the Vice - President shall be chair of the Planning
Committee.
Section 4. Duties of the Secretary, added the words "or such designee ".
Section 5. Duties of the Treasurer, added the words "or such designee ". The Treasurer shall
serve as chair of the CSDA Fiscal Committee.
Section 6. Disbursement of Funds, No change.
Section 7. Removal of Officers, No change.
ARTICLE VI. COMMITTEES: Wording of Sections Re- arranged.
Section 1. Committees, Added, members or designees of CSDA associate members may be
included on committees when approved by the BOD.
Section 2. Committee Actions, Wording Re- arranged of paragraphs A- B- C- D- E -F -G -H of 2004
Bylaws, Section 1.
Section 3. Committee Meetings, Wording Re- arranged.
3
Section 4. Standing Committees, Added paragraphs A- B- C- D- E- F -G -H, which give a brief .
description of each committee, along with a statement of responsibility.
Paragraph A. Executive Committee, Added, the committee is given responsibility for
operation and function of the CSDA subject to the Bylaws and approval of the BOD.
Section 5. Ad Hoc Committees, Added, with a brief description., Composed of two directors and
may include designees of associate members.
Section 6. Special Committee of the Board, Added, composed of at least two directors given
special authority to act on behalf of the BOD with regard to a special issue.
ARTICLE VII. INDEMNITY:
Section 1. Right of Indemnity —Wording Re- arranged.
Sects ion 2. Approval of Indemnity Wording Re- arranged.
Former Section 3. Advancement of Expenses - Deleted.
Section 3. Insurance — No Change.
Section 4. Liability — No Change. j
ARTICLE VIII. LOCAL CHAPTERS:
Section 1. Purpose- Wording Re- arranged.
Section 2. Organization — Wording Re- arranged. Added, the CSDA and its local chapters shall
not become, or deem to be partners or joint venturers with each other, by reasonjof the provisions
of these Bylaws.
Section 3. Rules, Regulations and Meetings Wording Re- arranged.
Section 4. Financing of Local Chapters = Wording Re- arranged.
Section 5. Legislative Program Participation — Wording Re- arranged. Added "federal" issues.
ARTICLE IX AMENDMENTS TO THE BYLAWS: Wording Re- Arranged.
Section 1. Amendment Proposals: Added, proposals submitted by members will be reviewed by
the Election and Bylaws Committee, approved by the BOD, and submitted for vote by the
membership.
Section 2. Notice of Proposed Amendments: Added, notice of amendment proposals shall be
given not later than 45 days prior to an amendment meeting. Electronic copies 'shall be available
4
I
r ,
on the CSDA website, and written copies of the proposed amendments will be made available
upon advance requests.
Section 3. Mailed Amendment Ballot: Changed the amount of time from 30 days to not later
than 45 days when ballots shall be mailed by the CSDA to the voting members in advance of the
designated receipt of date and time.
Section 4. Amendment Ratification. Wording Re- Arranged,
Paragraph A. Adopted At A Membership Meeting: Added, amendments shall be
deemed adopted by a majority vote at which a quorum of qualified members is present.
Paragraph B. Adopted By A Mailed Ballot: Wording Re- Arranged.
5
6.b.1) Counsel for the District
Central Contra Costa Sanitary District
District Counsel Update
July 2, 2009 Board Meeting
District Counsel has periodically been requested to make reports to the Board providing a summary of the
legal issues the District has faced resulting in the use of legal services on behalf of the District. The last
comprehensive report was made to the Board approximately one year ago and the following summary
information is intended to briefly outline a number of the projects undertaken by District Counsel and its
staff since the date of that report. This summary first addresses a number of matters, projects and claims
or litigation which have been resolved during this period and are not anticipated to require substantial
ongoing work. The second portion of the summary briefly lists several of the pending legal issues which
are anticipated to require additional legal effort over the next few months. The matters listed below are of
course in addition to the day -to -day responses to staff inquiries, attendance at the weekly on -site office
hours, and attendance at agenda review, Board Committee and formal Board meetings.
Completed Matters
During the last year, a number of matters have been addressed and brought to conclusion. Several of
these matters should be familiar to the Board as they involve claims or litigation on which the Board has
provided direction or input. The claims and litigation matters that have been resolved in this period include
the Scanlan v. Kaufman litigation (the Dias Dorados landslide), the KB Homes fee recovery litigation, the
Talada v. Martinez ( CCCSD, et al) civil rights litigation, the Kaiser Hospital overflow claim, the CCCSD v.
Kramer right of way litigation and the reimbursement claim against CalTrans.
In addition to the legal effort on these litigation and claims matters, there was substantial legal support
provided on construction projects, real property matters, administrative issues, and recycled water supply
issues. These non - litigation matters included review and provision of advice on matters such as use of
surveillance cameras, a review of public noticing requirements, support for filing stimulus money
applications, as well as many other somewhat routine public agency legal issues. More specifically, as to
real estate matters, legal support was provided regarding the potential purchase of the Henry's Wood Farm
property, lease compliance issues regarding County Quarry, lease negotiation for the T- Mobile tower,
resolution of the Treat Bridge easement relocation, the Iron Horse Trail MOU, and drafting of the easement
for the new Concord Interceptor through the Buchanan Fields Golf Course. Legal assistance to the
Engineering Capital Projects Division included input on numerous projects such as the control room
modifications project, UV replacement parts issues and bidding of the second phase of the treatment plant
plenum repairs.
As the Board is well aware, a substantial amount of effort was also expended to complete the review and
adoption of comprehensive revisions to the District's Code. Additional activities were undertaken in support
of the ordinance revisions required for the fixing of various District fees and charges.
Central Contra Costa Sanitary District
District Counsel Update
July 2, 2009 Board Meeting
Ongoing Matters
There are a number of ongoing issues which will continue to require both routine and more substantial legal
review and support. Those issues are expected to include defense of the Parkinen lawsuit, defense of the
Bel -Air v. Melloni stop notice litigation, and continued support to staff in handling several potential claims or
disputes. In addition, it is anticipated that there will be an ongoing need for substantial support for the
District's water recycling efforts both with regard to industrial uses and supply to the Concord Naval
Weapons Station. It is also anticipated that during the 2009 -2010 fiscal year, a full review of the District's
existing professional consulting agreements, professional engineering agreements, technical consulting
services agreements, purchase order terms and conditions, and other miscellaneous purchasing
agreements will be completed. It is anticipated this work will begin early in the new year once a more well -
defined scope and budget has been developed and authorized.
In addition to these known projects, there will undoubtedly be a need to address additional claim matters,
aid in resolution of one or more remaining landslide issues, as well as support the negotiation of potential
new leases with Contra Costa Topsoil and County Quarry.
It is of course anticipated that District Counsel will continue to attend routine staff and Board meetings,
provide other services covered under the existing retainer agreement, and continue to provide four hours a
week of office hours.
We hope this very brief summary of some of the recent and ongoing legal activities is helpful to the Board..
Your Counsel will be available at the meeting to answer questions and provide further follow up individually
or through additional written materials as the Board may desire.
1256958.1
Central Contra Costa Sanitary District
Board Meeting
July 2, 2009
Board Member McGill
Item 6.d.1)
FUTURE MEETINGS AND CONFERENCES WITH PAID
EXPENSES AND /OR STIPEND
Will attend the Mayors' Conference in Brentwood, CA,
July 2, 2009
Future Committee Meetings:
Recycled Water
July 7, 2009
MEETINGS AND CONFERENCES THAT EXPENSES
AND /OR STIPEND WAS PAID
Committee Meetings
Outreach
June 22, 2009
Attended the CCC Luncheon Congressman Jerry McNerney
June 30, 2009
Item 6.d.2 Announcements
Attended Contra Costa Council Board Meeting.
June 19, 2009
Attended HBANC Eastern Division Board Meeting
June 23, 2009
Will attend:
Attended Contra Costa Council Land Use Task Force Meeting
July 8, 2009
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting- Date: July 2, 2009 No.: 7.a. Engineering
Type of Action: CONFIRM ASSESSMENTS; SET HEARING DATE
Subject: CONFIRM AND LEVY FINAL ASSESSMENTS FOR FIVE ALHAMBRA
VALLEY ASSESSMENT DISTRICTS (2007 -1, 2007 -2, 2007 -3, 2007 -4 & 2007 -6);
SET AUGUST 6, 2009 AS THE DATE FOR A PUBLIC HEARING TO RECEIVE
COMMENTS ON PLACING THESE ASSESSMENTS ON THE CONTRA COSTA
COUNTY TAX ROLL
Submitted By: Initiating Dept /Div.:
Curtis W. Swanson, Division Manager . Engineering /Environmental Services Division
REVIEWED AND RECOMMEND D FOR BOARD ACTION;
R. Leavitt
Ord--
C. Swanson Farrell
/
A.
K. Alm
James M. Ke y,
General Manager
ISSUE: Work has been completed on the Trunk Sewer (2007 -1), Gordon /Millthwait
(2007 -2), Reliez Valley (2007 -3), Monteira (2007 -4) and Quail (2007 -6) Alhambra Valley
Assessment Districts (AVAD) and the final assessments can be established and levied.
RECOMMENDATION: Adopt a resolution confirming and levying final assessments
and authorizing a Notice of Assessment to be recorded in the office of the County
Recorder for each of these AVADs, and setting August 6, 2009 as the date for a public
hearing to receive comments on placing these assessments on the County tax roll.
FINANCIAL IMPACTS: This action will allow the District to be reimbursed for project
costs totaling $3,213,532.
ALTERNATIVES /CONSIDERATIONS: Not applicable.
BACKGROUND: Over the past two years, the Board of Directors has ordered sanitary
sewer improvements for several Alhambra Valley neighborhoods. The work to install
the improvements has been completed, and the final costs are presented in Exhibit A.
Based on these final costs, the final assessments for each property have been
determined and appear as Exhibit B, Assessment Roll. The Board is requested to
confirm and levy these final assessments and to authorize a Notice of Assessment to
be recorded. A resolution has been prepared (Exhibit C), which, if adopted, will confirm
and levy assessments and authorize the recording of the Notice. To facilitate-the
collection of assessments to be financed by CCCSD, the Board will need to conduct a
hearing on August 6, 2009, and consider approval of a resolution approving the
collection of the Alhambra Valley assessments on the Contra Costa County tax roll.
N: \ENVRSEC \Position Papers \Leavitt\2009 \PP 2009 Final Assessments AVADs Final 7 -2 -09 .doc Page 1 of 2
POSITION PAPER
Board Meeting Date: July 2, 2009
Subject CONFIRM AND LEVY FINAL ASSESSMENTS FOR FIVE ALHAMBRA
VALLEY ASSESSMENT DISTRICTS (2007 -1, 2007 -2, 2007 -3, 2007 -4 & 2007 -6);
SET AUGUST 6, 2009 AS THE DATE FOR A PUBLIC HEARING TO RECEIVE
COMMENTS ON PLACING THESE ASSESSMENTS ON THE CONTRA COSTA
COUNTY TAX ROLL
RECOMMENDED BOARD ACTION: Adopt a resolution confirming and levying final
assessments and authorizing a Notice of Assessment to be recorded in the office of the
County Recorder for the Trunk Sewer (2007 -1), Gordon /Millthwait (2007 -2),' Reliez
Valley (2007 -3), Monteira (2007 -4) and Quail (2007 -6) AVADs and setting August 6,
2009 as the date for a public hearing to receive comments on placing these
assessments on the County tax roll.
WTNVRSEMPosition Papers \Leavitt\2009 \PP 2009 Final Assessments AVADs Final 7 -2 -09 .doc Page 2 of 2
EXHIBIT A
TRUNK SEWER ALHAMBRA VALLEY ASSESSMENT DISTRICT
AVAD 2007 -1; 65 PARCELS (a)
FINAL COST REPORT, JULY 2009
Direct Connectors
$20, 525 (b)
Indirect Connectors (otherAVADs)
$ 7,142 (c)
(a) Installed by CCCSD as part of the Alhambra Valley Trunk Sewer Project
(b) Set at the May 1, 2008 Board meeting.
(c) Originally set at the $7,303 at the May 1, 2008 Board meeting; adjusted due to
contingency savings associated with the, indirect connector portion of the
project.
GORDON /MILLTHWAIT ALHAMBRA VALLEY ASSESSMENT DISTRICT
AVAD 2007 -2; 46 PARCELS (d)
FINAL COST REPORT, JULY 2009
ITEM
AMOUNT
Engineering, other agency permits
$23,602
CCCSD Plan Review
$12,099
Construction
$443,649
CCCSD Construction Inspection
$31,989
TOTAL PROJECT COST
$511,339
Cost per parcel (@ 46 parcels)
$11,116
Indirect Truck Sewer reimbursement per parcel
$7,142
TOTAL COST PER PARCEL
$18,258
(d) One Out of Agency Service Agreement parcel was added to the Gordon - Millthwait
AVAD.
N: \ENVRSEC \Position Papers \Leavitt\2009 \PP 2009 Final Assessments AVADs Final 7 -2 -09 .doc
EXHIBIT A (CONTINUED)
RELIEZ VALLEY ALHAMBRA VALLEY ASSESSMENT DISTRICT
AVAD 2007 -3; 15 PARCELS (e)
FINAL COST REPORT, JULY 2009
ITEM
AMOUNT
Engineering, other agency permits
$25,475
CCCSD Plan Review
$6,051
Construction
$276,107
CCCSD Construction Inspection
$4,006
TOTAL PROJECT COST
$321,639
Cost per parcel (@ 15 parcels)
$21,443 .
Indirect Truck Sewer reimbursement per parcel
$7,142
TOTAL COST PER PARCEL
$28,585
MONTEIRA ALHAMBRA VALLEY ASSESSMENT DISTRICT
AVAD 2007 -4, 6 PARCELS (e)
FINAL COST REPORT, JULY 2009
ITEM
AMOUNT
Engineering, other agency permits
$7,537
CCCSD Plan Review
$1,618
Construction
$70,457.
CCCSD Construction Inspection
$4,247
TOTAL PROJECT COST
$79,612
Cost per parcel (@ 6 parcels)
$13,269
Indirect Truck Sewer reimbursement per parcel
$7,142
TOTAL COST PER PARCEL
$20,411
(e) Two parcels were removed from the east end of the Monteira AVAD and added to
the Reliez Valley AVAD due to the lack of a private easement to allow those to
parcels to connect to the Monteira AVAD. '
N: \ENVRSEC \Position Papers \Leavitt\2009 \PP 2009 Final Assessments AVADs Final 7 -2 -09 .doc
EXHIBIT A (CONTINUED)
QUAIL ALHAMBRA VALLEY ASSESSMENT DISTRICT
AVAD 2007 -6; 14 PARCELS (f)
FINAL COST REPORT, JULY 2009 '
ITEM
AMOUNT
Engineering, other agency permits
$ 31,447
CCCSD Plan Review.
$7,771
Construction
$297,030
CCCSD Construction Inspection
$ 21,615
TOTAL PROJECT COST
$357,863
Cost per parcel (@ 14 parcels)
$27,613
Indirect Truck Sewer reimbursement per parcel
$ 7,142
TOTAL COST PER NON -QUAIL LANE PARCEL
8 PARCELS
$34,755
Added cost for each Quail Lane parcel for upgraded paving (g)
$4,787
TOTAL COST PER QUAIL LANE PARCEL
(6 PARCELS)
$39,542
(f) One undevelopable property was removed and two Out of Agency Service
Agreement parcels were added to the Quail AVAD.
(g) Parcels with vehicular access to Quail Lane were charged for the additional cost
of upgrading the Quail Lane paving beyond that needed for the sewer project.
N: \ENVRSEC \Position Papers \Leavitt\2009 \PP 2009 Final Assessments AVADs Final 7- 2- 09•.doc
EXHIBIT B
TRUNK SEWER ALHAMBRA VALLEY ASSESSMENT DISTRICT
AVAD 2007 -1
FINAL ASSESSMENT ROLL
ASSESSOR'S
PARCEL NUMBER
TRUNK SEWER AVAD
PREPAID AMOUNT 1
TAX ROLL ASSESSMENT
AMOUNT (15 -YR EQUAL
PAYMENTS ) (2
366- 111 -003 -5
$20,525
OR
$26,907
$2,094.34
OR
$2,745.54
366- 111 -002 -7
$20,525
OR
$26,907
$2,094.34
OR
$2,745.54
366- 113 -002 -5
$20,525
OR
$26,907
$2,094.34
OR
$2,745.54
366- 112 -004 -2
$20,525
OR
$26,907
$2,094.34
OR
$2,745.54
366- 112 -002 -6
$20,525
OR
$26,907
$2,094.34
OR
$2,745.54
366- 112 -003 -4
$20,525
OR
$26,907
$2,094.34
OR
$2,745.54
366- 113 -015 -7
$20,525
OR
$26,907
$2,094.34
OR
$2,745.54
366- 113 -016 -5
$20,525
OR
$26,907
$2,094.34
OR
$2,745.54
366- 102 -012 -7
$26,907
$2,745.54
366- 102 -011 -9
$26,907
$2,745.54
366- 102 -010 -1
$20,525
OR
$26,907
$2,094.34
OR
$2,745.54
366- 102 -009 -3
$26,907
$2,745.54
366- 102 -008 -5
$20,525
OR
$26,907
$2,094.34
OR
$2,745.54
366- 102 -007 -7
$26,907
$21745.54
366- 102 -006 -9
$26,907
$2,745.54
366- 102 -005 -1
$26,907
$2,745.54
366- 102 -002 -8
$20,525
OR
$26,907
$2,094.34
OR
$2,745.54
366- 102 -001 -0
$261'907
$2,745.54
366- 070 -006 -7
$26,907
$2,745.54
366- 070 -005 -9
$26,907
$2,745.54
366- 070 -004 -2
$26,907
$2,745.54
366- 070 -003 -4
$20,525
OR
$26,907
$2,094.34
OR
$2,745.54
366- 070 -002 -6
$26,907
$2,745.54
366- 070 -001 -8
$26,907
$2,745.54
N: \ENVRSEC \Position Pape rs \Leavitt\2009 \PP 2009 Final Assessments AVADs Final 7 -2 -09 .doc
ASSESSOR'S
PARCEL NUMBER
TRUNK SEWER AVAD
PREPAID AMOUNT 1
TAX ROLL ASSESSMENT
AMOUNT (15 -YR EQUAL
PAYMENTS ) (2
366- 052 -005 -1
$26,907
$2,745.54
366- 052 -004 -4
$26,907
$2,745.54
366- 052 -003 -6
$20,525
OR
$26,907
$2,094.34
OR
$2,745.54
366- 052 -002 -8
$20,525
OR
$26,907
$2,094.34
OR
$2,745.54
366- 052 -008 -5
$20,525
OR
$26,907
$2,094.34
OR
$2,745.54
366- 040 -007 -2
$20,525
OR
$26,907
$2,094.34
OR
$2,745.54
366- 040 -015 -5
$20,525
OR
$26,907
$2,094.34
OR
$2,745.54
366- 040 -014 -8
$20,525
OR
$26,907
$2,094.34
OR
$2,745.54
366- 040 -004 -9
$20,525
OR
$26,907
$2,094.34
OR
$2,745.54
366- 040 -003 -1
$20,525
OR
$26,907
$2,094.34
OR
$21'745.54
366- 040 -011 -4
$20,525
OR
$26,907
$2,094.34
OR
$2,745.54
366- 040 -009 -8
$20,525
OR
$26,907
$2,094.34
OR
$2,745.54
366- 040 -012 -2
$20,525
OR
$26,907
$2,094.34
OR
$2,745.54
366- 030 -017 -3
$20,525
OR
$26,907
$2,094.34
OR
$2,745.54
366- 030 -014 -0
$20,525
OR
$26,907
$2,094.34
OR
$2,745.54
366- 030 -019 -9
$20,525
OR
$26,907
$2,094.34
OR
$2,745.54
366- 030 -018 -1
$20,525
OR
$26,907
$2,094.34
OR
$2,745.54
366- 030 -011 -6
$20,525
OR
$26,907
$2,094.34
OR
$2,745.54
366- 030 -007 -4
$20,525
OR
$26,907
$2,094.34
OR
$2,745.54
366- 020 -017 -5
$20,525
OR
$26,907
$2,094.34
OR
$2,745.54
366- 020 -010 -0
$26,907
$2,745.54
366- 020 -009 -2
$26,907
$2,745.54
367- 130 -010 -5
$20,525
OR
$26,907
$2,094.34
OR
$2,745.54
367- 130 -004 -8
$20,525
OR
$26,907
$2,094.34
OR
$2,745.54
367- 130 -019 -6
$20,525
OR
$26,907
$2,094.34
OR
$2,745.54
367- 130 -023 -8
$20,525
OR
$26,907
$2,094.34
OR
$2,745.54
367- 130 -024 -6
$20,525
OR
$26,907
$2,094.34
OR
$2,745.54
367- 130 -025 -3
$20,525
OR
$26,907
$2,094.34
OR
$2,745.54
366- 051 -016 -9
$20,525
OR
$26,907
$2,094.34
OR
$21745.54
N: \ENVRSEC \Position Papers \Leavitt\2009 \PP 2009 Final Assessments AVADs Final 7 -2 -09 .doc
ASSESSOR'S
PARCEL NUMBER
TRUNK SEWER AVAD
PREPAID AMOUNT 1
TAX ROLL ASSESSMENT
AMOUNT (15 -YR EQUAL
PAYMENTS ) (2
366- 051 -003 -7
$20,525 OR $26,907
$2,094.34 OR $2,745.54
366- 051 -002 -9
$20,525 OR $26,907
$2,094.34 OR $2;745.54
366- 051 -001 -1
$26,907
$21745.54
366- 080 -006 -5
$26,907
$2,745.54
366- 080 -005 -7
$20,525 OR $26,907
$2,094.34 OR $2,745.54
366- 080 -004 -0
$26,907
$2,745.54
366- 080 -003 -2
$26,907
$2,745.54
366- 080 -002 -4
$26,907
$2,745.54
366- 080 -001 -6
$26,907
, $2,745.54
366- 101 -004 -5
$26,907
$2,745.54
366- 101 -003 -7
$26,907
$2,745.54
366- 101 -002 -9
$26,907
$2,745.54
366- 101 -001 -1
$26,907
$2,745.54
(1) Either AVAD sewer cost -only (direct trunk sewer charge) or AVAD sewer cost plus
all additional, financeable, per - property costs.
(2) Interest rate for annual assessments is 6.00 %.
WENVRSEC \Position Papers \Leavitt\2009 \PP 2009 Final Assessments AVADs Final 7 -2 -09 Aoc
EXHIBIT B (CONTINUED)
GORDON /MILLTHWAIT ALHAMBRA VALLEY ASSESSMENT DISTRICT
AVAD 2007 -2
FINAL ASSESSMENT ROLL
ASSESSOR'S
PARCEL NUMBER
GORDON /MILLTHWAIT
AVAD PREPAID AMOUNT 3
TAX ROLL ASSESSMENT
AMOUNT (15 -YR EQUAL
PAYMENTS ) (4
366- 051 -006 -0
$18,258
OR
$24,640
$1,893.02
OR
$2,514.22
366- 051 -007 -8
$18,258
OR
$24,640
$1,893.02
OR
$2,514.22
367- 123 -007 -0
$18,258
OR
$24,640
$1,893.02
OR
$2,514.22
367- 123 -006 -2
$24,640
$2,514.22
367- 123 -005 -4
$24,640
$2,514.22
367- 123 -004 -7
$18,258
OR
$24,640
$1,893.02
OR
$2,514.22
367- 123 -003 -9
$24,640
$2,514.22
367- 123 -002 -1
$18,258
OR
$24,640
$1,893.02
OR
$2,514.22
367- 123 -001 -3
$18,258
OR
$24,640
$1,893.02
OR
$2,514.22
367- 112 -004 -0
$18,258
OR
$24,640
$1,893.02
OR
$2,514.22
367- 112 -003 -2
$18,258
OR
$24,640
$1,893.02
OR
$2,514.22
367- 112 -002 -4
$18,258
OR
$24,640
$1,893.02
OR
$2,514.22
367- 112 -001 -6
$18,258
OR
$24,640
$1,893.02
OR
$2,514.22
367- 130 -012 -1
$24,640
$2,514.22
367- 130 -013 -9
$18,258
OR
$24,640
$1,893.02
OR
$2,514.22
367- 111 -007 -4
$18,258
OR
$24,640
$1,893.02
OR
$2,514.22
367- 111 -010 -8
$18,258
OR
$24,640
$1,893.02
OR
$2,514.22
367- 111 -005 -8
$18,258
OR
$24,640
$1,893.02
OR
$2,514.22
367 - 111 -003 -3
$24,640
$2,514.22
367- 111 -002 -5
$18,258
OR
$24,640
$1,893.02
OR
$2,514.22
367- 111 -001 -7
$18,258
OR
$24,640
$1,893.02
OR
$2,51.4.22
367 - 122 -001 -4
$24,640
$2,514.22
367- 100 -020 -0
$18,258
OR
$24,640
$1,893.02
OR
$2,514.22
367- 100 -019 -2
$24,640
$2,514.22
N: \ENVRSEC \Position Papers \Leavitt\2009 \PP 2009 Final Assessments AVADs Final 7 -2 -09 .doc
ASSESSOR'S
PARCEL NUMBER
GORDON /MILLTHWAIT
AVAD PREPAID AMOUNT 3
TAX ROLL ASSESSMENT
AMOUNT (15 -YR EQUAL
PAYMENTS ) (4
367- 100 -018 -4
$24,640
$2,514.22
367- 100 -017 -6
$24,640
$2,514.22
367- 100 -016 -8
$24,640
$2,514.22
367- 100 -015 -0
$24,640
$2,514.22
367 -100 -013 -5
$18,258
OR
$24,640
$1,893.02
OR
$2,514.22
367- 100 -012 -7
$18,258
OR
$24,640
$1,893,02
OR
$2,514.22
367- 100 -011 -9
$18,258
OR
$24,640
$1,893.02
OR
$2,514.22
367- 100 -009 -3
$24,640
$2,514.22
367- 100 -008 -5
$18,258
OR
$24,640
$1,893.02
'OR
$2,514.22
367- 100 -007 -7
$18,258
OR
$24,640
$1,893.02
OR
$2,514.22
367- 100 -006 -9
$18,258
OR
$24,640
$1,893.02
OR
$2,514.22
367- 100 -005 =1
$18,258
OR
$24,640
$1,893.02
OR
$2,514.22
367- 100 -004 -4
$24,640
$2,514.22
367- 100 -003 -6
$24,640
$2,514.22
367- 100 -002 -8
$24,640
$2,514.22
367- 100 -001 -0
$24,640.
$2,514.22
367- 121 -006 -4
$24,640
$2,514.22
367- 121 -005 -6
$18,258
OR
$24,640
$1,893.02
OR
$2,514.22
367- 121 -004 -9
$24,640
$2,514.22
367- 121 -003 -1
$18,258
OR
$24,640
$1,893.02
OR
$2,514.22
367- 121 -002 -3
$18,258
OR
$24,640
$1,893.02
OR
$2,514.22
367- 121 -001 -5
$24,640
$2,514.22
(3) Either AVAD sewer cost only (local plus indirect trunk sewer charge) or AVAD
sewer cost plus all additional, financeable, per - property costs.
(4) Interest rate for annual assessments is 6.00 %.
N: \ENVRSEC \Position Pape rs\Leavitt\2 009\PP 2009 Final Assessments AVADs Final 7 -2 -09 .doc
EXHIBIT B (CONTINUED)
RELIEZ VALLEY ALHAMBRA VALLEY ASSESSMENT DISTRICT
AVAD 2007 -3
FINAL ASSESSMENT ROLL
ASSESSOR'S
PARCEL NUMBER
RELIEZ VALLEY AVAD
PREPAID AMOUNT 5
TAX ROLL ASSESSMENT
AMOUNT (15 -YR EQUAL
PAYMENTS ) (6
366- 020 -008 -4 (7)
$36,717
$3,746.54
366- 020 -007 -6
$34,967
OR
$3,567.98
366- 020 -006 -8
$28,585
OR $34,967
$2,916.78
OR
$3,567.98
366- 020 -005 -0
$34,967
$3,567.98
366- 020 -003 -5
$28,585
OR $34,967
$2,916.78
OR
$3,567.98
366- 020 -004 -3
$28,585
OR $34,967
$2,916.78
OR
$3,567.98
366- 020 -001 -9
$34,967
$3,567.98
366- 020 -002 -7
$34,967
$3,567.98
366- 010 -001 -1
$34,967
$3,567.98
366- 010 -009 -4
$34,967
$3,567.98
366- 010 -005 -2
$34,967
$3.,567.98
366- 010 -003 -7
$28,585
OR $34,967
$2,916.78
OR
$3,567.98
365- 150 -080 -7
$34,967
$2,916.78
OR
$3,567.98
365- 150 -006 -2
$28,585
OR $34,967
$2,916.78
OR
$3,567.98
365- 150 -005 -4
$28,585
OR $34,967
$2,916.78
OR
$31567.98
365- 150 -018 -7
(8)
(9)
(5) Either AVAD sewer cost only (local plus indirect trunk sewer charge) or AVAD
sewer cost plus all additional, financeable, per - property costs.
(6) Interest rate for annual assessments is 6.00 %.
(7) Per property owner's request, an additional $1,750 was charged to this parcel for
construction of a second stubbed -out lateral
(8) County -owned parcel; development plans uncertain, reimbursement will be owed
to participants if developed
(9) Financing not available for publicly -owned parcels.
N: \ENVRSEC \Position Pape rs \Leavitt\2009 \PP 2009 Final Assessments AVADs Final 7 -2 -09 .doc
EXHIBIT B (CONTINUED)
MONTEIRA ALHAMBRA VALLEY ASSESSMENT DISTRICT
AVAD 2007 -4
FINAL ASSESSMENT ROLL
ASSESSOR'S
PARCEL NUMBER
MONTEIRA AVAD
PREPAID AMOUNT 9
TAX ROLL ASSESSMENT
AMOUNT (15 -YR EQUAL
PAYMENTS ) (10
366- 020 -016 -7
$26,793
$2,733.92
366- 020 -015 -9
$26,793
$2,733.92
366- 020 -014 -2
$20,411 OR $26,793
$2,082.70 OR $2,733.92
366- 020 -011 -8
$26,793
$2,733.92
366- 020 -012 -6
$26,793
$2,733.92
366- 020 -013 -4
$26,793
$2,733.92
(9) Either AVAD sewer cost only (local plus indirect trunk sewer charge) or
AVAD sewer cost plus all additional, financeable, per - property costs.
'('10) Interest rate for annual assessments is 6.00 %.
K ENVRSEMPosition Papers \Leavitt\2009 \PP 2009 Final Assessments AVADs Final 7 -2 -09 A=
EXHIBIT B (CONTINUED)
QUAIL ALHAMBRA VALLEY ASSESSMENT DISTRICT
AVAD 2007 -6
FINAL ASSESSMENT ROLL
ASSESSOR'S
PARCEL NUMBER
QUAIL AVAD
PREPAID AMOUNT 11
TAX ROLL ASSESSMENT
AMOUNT (15 -YR EQUAL
PAYMENTS ) (12
367- 150 -001 -9
$34,755
OR
$41,137
$3,546.34
OR
$4,197.56
367- 150 -013 -4
$34,755
OR
$41,137
$3,546.34
OR
$4,197.56
367- 150 -010 -0
$34,755
OR
$41,137
$3,546.34
OR
$4,197.56
365- 100 -014 -7
$34,755
OR
$41,137
$3,546.34
OR
$4,197.56
365- 100 -015 -4
$39,542
OR
$45,924
$4,034.80
OR
$4,686.02
365- 110 -016 -0
$39,542_
OR
$45,924
$4,034.80
OR
$4,686.02
365- 110 -022 -8
$39,542
OR
$45,924
$4,034.80
OR
$4,686.02
365- 110 -021 -0
$45,924
$4,686.02
365- 110 -017 -8
$39,542
OR
$45,924
$4,034.80
OR
$4,686.02
365- 110 -003 -8
$39,542
OR
$45,924
$4,034.80
OR
$4,686.02
365- 110 -025 -1
$34,755
OR
$41,137
$3,546.34
OR
$4,197.56
365- 110 -023 -6
$34,755
OR
$41,137
$3,546.34
OR
$4,197.56
365- 120 -003 -6
$41,137
$4,197.56
365- 120 -004 -4
$41;137
$4,197.56
(11) Either AVAD sewer cost only (local plus indirect trunk sewer charge) or
AVAD sewer cost plus all additional, financeable, per - property costs.
(12) Interest rate for annual assessments is 6.00 %.
N: \ENVRSEMPosition Papers \Leavitt\2009 \PP 2009 Final Assessments AVADs Final 7 -2 -09 .doc
EXHIBIT C
RESOLUTION NO. 2009-
RESOLUTION CONFIRMING FINAL ASSESSMENTS AND AUTHORIZING
RECORDING FOR TRUNK SEWER (2007 -1), GORDON /MILLTHWAIT (2007 -2),
RELIEZ VALLEY (2007 -3), MONTEIRA (2007 -4) AND QUAIL (2007 -6) ALHAMBRA
VALLEY ASSESSMENT DISTRICTS (AVAD)
The Board of Directors of the Central Contra Costa Sanitary District resolves:
This Board has taken a series of actions preliminary to establishing final assessments
for the Trunk Sewer (2007 -1), Gordon /Millthwait (2007 -2), Reliez Valley (2007 -3),
Monteira (2007 -4) and Quail (2007 -6) Alhambra Valley Assessment Districts (AVAD),
Central Contra Costa Sanitary District, Contra Costa County, California, and now
makes the following findings and orders:
The Board adopted its Resolutions of Intention to order the improvement
described therein under the Municipal Improvement Act of 1911, and directed
Curtis W. Swanson, Engineer of Work, to prepare the report required by Section
5989.22 of the Streets and Highways Code.
2. The Board approved maps showing the boundaries of the land benefited by the
proposed improvements. Copies of the boundary maps were filed in the office of
the County Recorder of the County of Contra Costa in the Book of Assessment
and Community Facilities Districts.
The improvements are generally described as follows:
Design and construction of sanitary sewer line, together with appurtenant work and
facilities located along Alhambra Valley Road, Sheridan Lane, Strentzel Lane,
Wanda Way, Millthwait Drive, Gordon Way, Millicant Ct., Reliez Valley Road,
Monteira Lane, and Quail Lane, unincorporated Martinez, California.
3. The Board of Directors conducted a public hearing pursuant to Section 5898.26 of
the Streets and Highways Code and gave every person present an opportunity to
comment on and object to the proposed Contractual Assessment Program, the
improvement and the extent of the Assessment District. The owners of record
were provided ballots 45 days before the hearing on which owners could indicate
approval of or opposition to the imposition of assessments.
N: \ENVRSEC \Position Pape rs \Leavitt\2009 \PP 2009 Final Assessments AVADs Final 7 -2 -09 .doc
Resolution No. 2009 -
Page 2 of 3
4. The Board found that no written protests against the proposed improvements were
made by owners representing more than one half of the area of the land to be
assessed for each improvement.
5. The Board approved Engineer's Reports and each component part, including each
exhibit incorporated by reference in the report, one of which was a table of
estimated assessments.
6. The Board found that the Engineer's Reports, fairly and properly apportioned the
cost of the improvement to each parcel of land in each Assessment District in
compliance with the Agreement between the owners and District and in proportion
to the special benefits derived by each parcel, in relationship to the entirety of the
capital cost of the improvement. Draft versions of the Agreement, within which the
owners voluntarily and unanimously agreed to the imposition of an assessment,
was attached as an exhibit to the Engineer's Report and was incorporated by
reference.
7. The Board ordered the improvement described in paragraph 2 and as detailed. in,
the Engineer's Report.
& The work on the improvement has been completed pursuant to a private
agreement entered into by the owners and was accepted by the Board. The final
costs for the improvements have been determined; the final assessments for each
property have been determined; and a Notice of Assessment will be sent to each
property owner after the Board confirms the final assessments.
9. The final assessments for each property appear on the Assessment Roll. The
Board hereby confirms and levies each individual final assessment as stated in the
Assessment Roll.
10. Payment of all or any part of such final assessments may be made at the Permit
Counter, Central Contra Costa Sanitary District, 5019 Imhoff Place, Martinez,
California, 94553. The deadline for receipt of such payment by CCCSD Permit
staff is the close of business on July 24, 2009. Thereafter, unpaid assessments
for those voluntarily participating in the assessment district financing program will
be payable in yearly installments of principal and interest at 6.00 percent
compounded annually over a period of fifteen (15) years. Assessments of non-
participants will be held in abeyance until such time as the parcel connects to the
sanitary sewer system, at which point the non - participant will owe a
reimbursement to the District equal to the assessment amount plus such annual
increases imposed by the Board to recoup the revenue lost by the District from
financing the reimbursement amount.
N: \ENVRSEC \Position. Pape rs \Leavitt\2009 \PP 2009 Final Assessments AVADs Final 7 -2 -09 .doc
Resolution No. 2009 -
Page 3 of 3
11. The Board hereby sets August 6, 2009 as the date of a public hearing to receive
comments on placing these assessments on the Contra Costa County tax roll.
PASSED AND ADOPTED this 2nd day of July 2009, by the Board of Directors of the
Central Contra Costa Sanitary District by the following votes:
AYES: Members:
NOES: Members:
ABSENT: Members:
James A. Nejedly
President of the Board of Directors,
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
Elaine R. Boehme
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
M ENVRSEC \Position Papers \Leavitt\2009 \PP 2009 Final Assessments AVADs Final 7 -2 -09 .doc
Item No. 7.a.
Alhambra Valley
Assessment Districts
Status Report
Jarred Miyamoto -Mills & Russ Leavitt
July 2, 2009
Alhambra Valley Sewers
■ Trunk Sewer complete in March
2008.
■ 6,100 feet of 10 & 12 -inch sewer.
■ Can serve 66 properties directly and
300 properties indirectly.
■ Construction complete for 5 AVADs.
■ 2 other AVADs started.
1
Sewer Connections
■ A total of 61 properties have been
connected to date.
■ Out of Agency Service Agreements
have been signed with 3 property
owners.
■ The Alhambra Oaks subdivision is on
hold due to economic conditions.
AVAD Status 2009
No.
Name
Status
Connected
1
Trunk Sewer
Final Assessment
24/66
2
Gordon /Millthwait
Final Assessment
22/46
3
Reliez Valley
Final Assessment
9/15
4
Monteira
Final Assessment
5/6
5
Creekside Oaks
On Hold
0/8
6
Quail Lane
Final Assessment;
incl. 1 CCCSD emp.
1/14
7
Via Vaqueros
Designed
0/11
2
MA
IJ
Assessment Summary
No.
Name
Assessment per Parcel
1
Trunk Sewer
$20,525
2
Gordon /Millthwait
$18,258
3
Reliez Valley
$28,585
4
Monteira
$20,411
6
Quail Lane
$34,755 (No Frontage on Quail Ln)
$39,542 (Frontage on Quail Ln)
Participants may also include in their assessments Annexation
Charges & Capacity Fees of $6,382 per parcel
AVAD Process
Next Steps
• Today - Board sets final assessments and public
hearing date to allow billing of AVAD participants'
assessments on tax roll.
• Next - Staff notifies property owners of final
assessments amounts and July 24 payment deadline
for owners to avoid interest charges or sign up for
financing.
• Through July 24 - Full or partial payments by
property owners accepted at CCCSD.
• August 6 - Board conducts hearing and adds
participants' assessments to tax roll.
3
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: July 2, 2009 No.: 8.a. Human Resources
Type of Action: ADOPT MEMORANDUM OF UNDERSTANDING
Subject: ADOPT MEMORANDUM OF UNDERSTANDING BETWEEN THE DISTRICT
AND THE EMPLOYEES' ASSOCIATION, PUBLIC EMPLOYEES' UNION, LOCAL
ONE EFFECTIVE JULY 2, 2009 THROUGH APRIL 17, 2012
Submitted ay: Cathryn R.,Freitas, Initiating Dept /Div.: Administration /Human
Human Resources Manager Resources
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
t. (/
4WIAII�
Freitas _ i . i. sgraves A. Woodall, Esq. Jam M. Kelly,
Gene I Manager
ISSUE: The Employees' Association, Public Employees' Union, Local One ratified a
successor Memorandum of Understanding (MOU) with the District on June 16, 2009.
Formal adoption of the MOU by the Board of Directors is required.
RECOMMENDATION: Adopt the MOU with Local One effective July 2, 2009 through
April 17, 2012.
FINANCIAL IMPACTS: The cost of the additional salary and benefit adjustments for
negotiated changes in the first year of the agreement is approximately $500,000. This
amount is offset by a reduction to the District's unfunded liability for the Employee's
Association, Public Employees' Union, Local One.
ALTERNATIVES /CONSIDERATIONS: None.
BACKGROUND: Board representatives and the Local One bargaining team met and
conferred over the past six months to discuss changes to the expiring agreement. The
end result of the negotiation process provides a modest increase in salaries and
benefits and recognizes the excellent work of District employees.
Agreement was reached on the following:
• Wages: First year= 3 %, Second and Third years =CPI 2 % floor and 4% ceiling.
• Tier III benefits for new employees hired after July 1, 2009
1. Enrollees in a PPO will pay the difference in premiums between the PPO
and the highest cost HMO.
2. Rule of 70 with minimum of 55 years of age and 10 years of service as
eligibility for retiree and spouse health benefits after retirement.
3. District contribution to medical plans for retirees is set to the lowest cost
HMO. The District shall pay 50% of the premium cost for the lowest cost
HMO (includes pre- Medicare and Medicare supplement plans) for the
retiree and spouse. The retiree shall pay full cost to cover other eligible
dependents.
CADocuments and Settings \cfreitas \My Documents \local one mou ppr 6- 17- 09.doc
POSITION PAPER
Board Meeting Date: July 2, 2009
Subject ADOPT MEMORANDUM OF UNDERSTANDING BETWEEN THE DISTRICT
AND THE EMPLOYEES' ASSOCIATION, PUBLIC EMPLOYEES' UNION, LOCAL
ONE EFFECTIVE JULY 2, 2009 THROUGH APRIL 17, 2012
4. Eliminate Medicare reimbursement.
5. Eliminate retiree life insurance.
• Changes to safety shoe allowance, educational incentive reimbursement,
orthodontia, registration differential criteria, discipline, grievances, and substance
abuse language, and medical waiver.,
• Various language modifications that make the MOU in compliance with state and
federal laws.
Attached is the draft MOU between the District and Local One. Additions to the
document are printed in red. Deletions to the language are denoted by strikeouts.
The Board's direction to reduce the unfunded liability for retiree health benefits was
negotiated with all three bargaining units and may be found under Continuance of
Benefits in the MOUs.
The MOU between the District and Local One expired on April 17, 2009 and was ratified
by the membership on June 16, 2009. However, in accordance with Board authority
permitting the wage increase to be effective the first day of the pay period in which the
tentative agreement is ratified by the bargaining unit, Local One members will receive a
three percent wage increase effective May 18, 2009.
RECOMMENDED BOARD ACTION: Adopt the Memorandum of Understanding
between the District and the Employees' Association, Public Employees' Union, Local
One effective July 2, 2009 through April 17, 2012.
CADocuments and SettingsVreitasNy Documents \local one mou ppr 6- 17- 09.doc
ARTICLE I INTRODUCTORY PROVISIONS
SECTION 1 RECOGNITION AND COVERAGE
1.1 Exclusive Representation: The Central Contra Costa Sanitary District Employees' Association,
Public Employees Union, Local One, hereafter known as the Union, is the formally recognized
exclusive employee representative for all General employees. The Union shall represent all regular
and permanent- intermittent General employees.
SECTION 2 MANAGEMENT AND UNION RIGHTS
2.1 Union Rights: The Central Contra Costa Sanitary District Employees' Association, Public
Employees Union, Local One is the exclusive recognized representative of all employees of the
District except Management and Management Support/Confidential employees.
It is also recognized that the District and duly appointed representatives of the Association will meet
and confer in good faith. The District, or any agent thereof, agrees that there will be no interference,
restraint, or coercion against the Union or against any employee because of Union membership or
Union activity.
Information Request: Within thirty (30) days of ratification of a new Memorandum of Understanding,
the District will distribute a memorandum. to all bargaining unit employees asking for written
authorization to release their current addresses and telephone numbers to Local One. Upon Local
One's written request, the District will provide this information to Local- One for any employee who
has given his or her authorization to do so. The District only shall be required to release this
information to Local One once per calendar year.
2.2 District Rights: The rights of the District include, but are not limited to, the exclusive right to
determine the missions of its constituent departments and divisions; set standards of services;
determine the procedures and standards of selection for employment and promotion; direct, classify,
and assign its employees; take disciplinary action; relieve its employees from duty because of lack
of work or for other legitimate reasons; maintain the efficiency of District operations, including, but
not limited to the contracting or subcontracting of 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 Memorandum.
2.3 Title IV of District Code: The District will meet and confer with the Union over any changes to
Title IV of the District Code.
2
SECTION 3 NONDISCRIMINATION
3.1 Nondiscrimination: There will be no discrimination by the Union or the District or any agent of
either of them because of race, color, creed, national origin, sex, disability, religion, or political
beliefs.
3.2 Compliance with the Americans with Disabilities Act (ADA): The Union and the District agree
to comply with all provisions of the Americans with Disabilities Act including reasonable
accommodations for individuals protected under the Act. The District shall meet and confer with the
Union prior to any accommodation which might require an exemption from the Memorandum of
Understanding. Any accommodation provided to an individual protected by the ADA shall not
establish a past practice, nor shall it be cited as evidence of a past practice in the grievance
procedure.
3.3 Lactation Accommodation: If an employee desires to express breast milk for her infant child, the
District will make reasonable efforts to provide the employee with the use of a room or other
location, other than a toilet stall, for the employee to express milk in private.
3
ARTICLE II SALARY PROVISIONS
SECTION 1 SALARY
1.1 Merit Increases: Employees normally receive a salary range increase upon satisfactory
completion of their probationary period and a merit increase of one salary step every twelve (12)
months from the date they achieve permanent status until they reach the top of their range. This
merit increase shall only be withheld based upon a below average overall evaluation rating as noted
in an Employee Performance Appraisal form. During the term of this Memorandum of
Understanding (M.O.U.), the District shall use the Employee Performance Appraisal Form attached
to this document. When an employee receives notification that he /she will be given a performance
evaluation, the employee may request a delay of up to three days between the time of the
notification and the time of the performance evaluation meeting to prepare for the meeting.
1.2 Certification: Employees may be required to successfully complete certification requirements
prior to receiving their salary increases, where required by law or job classification in their currently
held position.
1.3 Paycheck Distribution: Employees shall be paid based on a pay period from the 18th to the 171h
of each month. The District shall distribute paychecks on the last regular District working day of
each month. However, if the employee so elects, distribution may take place at the employee's
written request by direct deposit to any financial institution accepting electronic transfer from the
Federal Reserve Bank.
1.4 General Increases: Effective July 8, 2003, the District shall continue to contribute all of the
employee's basic retirement contribution. (During the period of this M.O.U., the employee will
continue to contribute to the employee cost -of- living (COL) share of the retirement system as
required by the Contra Costa County Retirement System.) Additionally, a fetrr three percent (43 %)
general increase shall be provided to all employees covered by the Memorandum of Understanding
effective july 8, 2803.May 18, 2009.
The D4str*et shall pFevide a ene tome lump sum paymentin the aFneunt ef $500 peF engpleyee upen
M
Effective April 18, 20 04, the wage adjustment for all employees covered by the Memorandum of
Understanding shall be based on changes in the Consumers Price Index (CPI) for all Urban
Consumers (San Francisco /Oakland /San Jose) during the February 2003 9 to February 2084
base period. Depending on the CPI, the salary adjustment shall be at least two percent (2 %), but
no more than ° . four percent (4 %).
Effective April 18, 20 05, the wage adjustment for all employees covered by the Memorandum of
Understanding shall be based on changes in the Consumers Price Index (CPI) for all Urban
Consumers (San Francisco /Oakland /San Jose) during the February 201104 to February 201285
base period. Depending on the CPI, the salary adjustment shall be at least two percent (2 %), but
no more than five peFeeRt (&%* four percent. (4 %).
peFeent /70%1 but n meFe than
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FFaneisee/GaklandiSaR Jese) dHFdRg the F-ebFHaFy 2006
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1.5 Out -Of -Class Pay: Employees assigned to work in a higher classification in the absence of
their supervisor shall receive a minimum of one salary step after one continuous week in the higher
classification. When a supervisor is absent for one or more continuous weeks and where more than
5
one employee is assigned the supervisor's responsibilities at different times during the absence
which may be less than one week per employee, then those employees shall receive a minimum of
one salary step for the actual hours worked in the higher classification.
1.6 Terminal Compensation: A mandatory portion of the employee's terminal compensation shall
be contributed by the District to the 401(a) plan at termination, retirement, or resignation as follows:
• If terminal compensation is more than $10,000, 50 %;
• If terminal compensation is between $5,000 and $10,000, 25 %;
• If terminal compensation is less than $5,000, 0 %.
In no case will the total 401(a) contribution be in excess of Internal Revenue Code mandated limits
in force at the time of retirement.
Any outstanding Vacation, Sick Leave, and /or Earned Overtime due the employee at the time of
termination, retirement, or resignation will be calculated and issued to the employee with the final
paycheck.
SECTION 2 LONGEVITY COMPENSATION
2.1 Career Service Pay: A two and one -half (2.5 %) percent career service pay increase will be
granted to employees after ten (10) years of employment with the District.
SECTION 3 SHIFT DIFFERENTIALS
3.1 Work Week: The normal work week for full -time non -shift employees is eight (8) hours per day.
Although most employees are scheduled to work Monday through Friday, some services and
operations are currently scheduled on a 24 -hour basis, seven days a week.
3.2 Night Shift Differential: Night Shift Differential applies only to employees who are regularly
scheduled to work night shift. The rate of pay for the Night Shift Differential is determined by
increasing the basic hourly salary for the job by seven and one -half (7.5 %) percent. if the Flight s +ft
s exteFided beyeigd the 19eFR9a' assigned shift peFied (heuFs eF days), eVeFt.fne will be paid based en
3.3 Swing Shift Differential: Swing Shift Differential applies only to employees who are regularly
scheduled to work Swing Shift. The rate of pay for the Swing Shift Differential is determined by
increasing the basic hourly salary for the job by five (5 %) percent. if the Swing Shift is exte
beyend the nE)Fmal assigned shift peFied (198EAFS GF days), eveFtime will be paid based en the
SECTION 4 OVERTIME
4.1 Rate: Employees covered by this Memorandum of Understanding who work more than their
regularly scheduled days are compensated at time and one -half of the regular basic pay. All
employees must receive supervisory approval before working any overtime.
4.2 Accumulation : Compensation for overtime work shall be paid at the next pay period, or the
time and one -half hours may be accumulated as "Earned Overtime," to a maximum of forty (40)
hours with an eighty (80) hour limit on Earned Overtime taken off per year. Exceptions to this limit
for bona fide family emergencies shall be considered by the District on a case -by -case basis. When
required to maintain the operations of the District, the District may require overtime.
Personnel in the Plant Operations Division who normally work a ten -day shift shall be granted an
additional sixteen (16) hour limit on earned overtime taken off per calendar year.
4.3 Holiday Compensatory Time: An individual earns Holiday Compensatory Time when his /her
regular day off falls on a holiday. Holiday Compensatory Time is recorded in the Accounting Office.
Holiday Compensatory Time is earned at the rate of straight time and the time off is given at the rate
of straight time. Employees may accumulate a maximum of what can be earned in a one -year
period (currently 104 hours). Any employee with more than 104 hours of Holiday Compensatory
Time accumulated as of April 17, 2000 may keep those accruals but will not accumulate more
Holiday Compensatory Time until his /her accumulated Holiday Compensatory Time falls below the
maximum. If a person terminates employment with the District before having used up his /her
Holiday Compensatory Time, he /she shall be paid for it.
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SECTION 5 STAND -BY AND CALL- OUT TIME
5.1 General: Employees are required to be on Stand -By in order to provide customer service after
normal working hours or to be able to respond quickly to emergency situations. Employees will be
assigned to Stand -By according to the procedures established in their department.
Stand -By assignments take effect from the end of an employee's regular work schedule until the
beginning of the next regular work schedule. Employees in a Stand -By status must be capable of
being notified that the District has a need for customer /emergency service and of responding
immediately. The District will make every effort to notify employees in advance of their Stand -By
status; however, circumstances may arise where advance notice is not possible.
5.2 Stand -By Pay: Employees on Stand -By will be paid at the rate of one (1) hour of overtime pay
for each weekday and three (3) hours of overtime pay for each weekend day or paid District holiday.
(Overtime pay is calculated at one and one -half times the basic rate of pay.) Stand -By pay is
intended to compensate employees for inconvenience, disruption of their personal life, and for
reasonable time spent solving customer service /emergency problems that are amenable to
resolution from a remote location.
5.3 Call -Out Period: The Call -Out period begins at the time the employee starts his /her travel to the
work site and ends thirty (30) minutes after the employee departs from the work site. The thirty-
minute (30) period is an allowance for travel.
5.4 Call -Out Pay: Employees who are called out will be compensated with a minimum of three (3)
hours at the overtime rate. If the Call -Out requires over three (3) hours, then the employee shall
receive overtime pay for the actual duration of the Call -Out.
5.5 Consecutive Call -Outs: Any Call -Out received by the employee prior to the end of their current
Call -Out period is a consecutive Call -Out. Consecutive Call -Outs will be a continuation in hours
worked and will be included in the initial Call -Out period.
5.6 Conversion of Stand -By Pay: Stand -By pay will be paid at the overtime rate. Employees may
elect to have their Stand -By pay credited as Earned Time Off. Limits to the accumulation and use of
0
earned time off as specified elsewhere in this M.O.U. apply.
SECTION 6 CLASSIFICATION REQUIRING CERTIFICATION, REGISTRATION, OR
LICENSE
6.1 General: Employees in any classification requiring certification, registration, or license must
obtain said license, registration, or certification within one year of hire date or date of promotion or
be subject to termination or demotion at the end of one year.
6.2 Class A/Class B Driver's License: The District shall pay the difference in cost between Class C
Driver's License and Class A/B Driver's License for an employee who must renew or obtain his /her
Class A/B California Driver's License. The District shall provide a vehicle to take the examination for
the Class A or B License.
Employees who are required and assigned by the District to hold a Class A or Class B
commercial driver's license will receive $75.00 per month. The $75.00 is not included in the
employee's base pay. It will be paid only for time when the employee is in active status and not
on leave of absence. The $75.00 will not be paid for any time in which the employee is unable
to drive a District vehicle that requires a Class A or Class B commercial driver's license, such as
when the license has been revoked, suspended, restricted, the employee is on leave of
absence, etc.
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ARTICLE III MISCELLANEOUS PROVISIONS
SECTION 1 MAINTENANCE OF MEMBERSHIP, AGENCY SHOP, DUES CHECKOFF
1.1 Application: Any current employee who is subject to the provisions of this M.O.U. and who is a
member of Local One as of June 15, 1982, or any employee who joins Local One during the life of
this M.O.U. shall maintain such membership or, in lieu thereof, pay to Local One an agency fee
equal to the monthly dues for the duration of this agreement. Any new employee who is hired on or
after July 1, 1982, and subject to the provisions of this M.O.U., shall as a condition of continued
employment either become a member of Local One and pay the initiation fee and dues or
assessments uniformly required for acquiring and maintaining membership in Local One or, in lieu
thereof, pay to Local One an agency fee in the amount of the initiation fee and dues as specified
above. This obligation shall not commence until after the employee has completed thirty (30) days
of employment.
1.2 Exclusions: Any employee who is a member of a bona fide religion, body, or sect which has
historically held conscientious objection to joining or financially supporting a public employee
organization shall not be required to join or financially support Local One. Those employees may, in
lieu of dues, initiation fees, assessments or agency fees, pay sums equal to such dues, initiation
fees, assessments or agency fees to a non - religious non -labor charitable fund exempt from taxation
under Section 501(c)(3) of the Internal Revenue Code. The employee shall be required to verify to
the Union such payments on a regular basis.
1.3 Union Responsibility: Local One shall indemnify and save the District harmless from any cost
or liability resulting from any and all claims, demands, suits, or any other action arising from the
operation of this provision, including the costs of defending against any such actions or claims.
Local One agrees to refund to the District any amount paid to it in error.
1.4 Method Of Payment: The District agrees to deduct, on a monthly basis, the periodic
membership dues, assessments or agency fees from the paycheck of each employee who
voluntarily executes and delivers to the District a valid dues check -off authorization form approved
by the District and the Union. The District further agrees to remit such monies to the Union not later
10
than the fifteenth day of each month.
Any employee who is required, as a condition of continued employment, to eitherjoin Local One or
pay the agency fee, and who elects not to have such amounts paid by payroll deduction shall
individually be responsible for remitting such sums directly to Local One.
1.5 Failure to Comply: After thirty (30) days of employment and upon written notice from the Union
of an individual's failure to comply with the requirements of this provision, such individual shall be
notified by the District that his /her employment will be terminated within thirty (30) days of such
notification if, by the end of the thirty (30) day period, the Union notifies the District that the
requirement has not been met.
1.6 District Responsibility: All new employees shall be advised of their obligation under this
provision upon their employment by the District and the District shall at that time provide payroll
deduction authorization forms for the deduction of an initiation fee, dues, or agency fee equivalent
pursuant to this Section.
SECTION 2 GRIEVANCE PROCEDURE
2.1 General: It shall be the policy of the District and the Union to develop and practice reasonable
and effective means of resolving difficulties which may arise among employees, to reduce potential
problems, and to establish channels of communication.
2.2 Self Representation: The grievant may elect, in writing, to represent himself /herself rather than
have the Union provide representation. If the grievant elects to represent himself /herself at this
step, or at any later step, the Union shall be relieved of any further obligation of representation and
shall be relieved of any obligation to share in any further expense of the grievance procedure. No
resolution shall be inconsistent with the terms of this Agreement.
2.3 Matters Subject To Grievance: Any complaint an employee has concerning the interpretation
or application of rules, regulations, policies, or procedures governing personnel practices, working
conditions, wages, hours, and other terms and conditions of employment.
11
2.4 Matters Not Subject To Grievance: (1) The District policies, rules, and regulations as such; (2)
a rating as given in an Employee Performance Appraisal; (3) Disciplinary and Termination Actions
as outlined in Section 3; and (4) Use of Birthday Leave.
2.5 Procedure:
Step One
The grievant shall, within fifteen (15) working days from when the employee knew or should have
known of the occurrence, present and discuss any difference or grievance with his /her immediate
supervisor. Both the grievant and his /her supervisor shall make a bona fide effort to amicably settle
such differences. The supervisor shall respond within fifteen (15) five (5) working days after the
final meeting with the grievant. If, after this response, the grievant does not believe the problem has
been satisfactorily resolved, then the grievant shall have the right to proceed to Step Two of this
procedure within five (5) working days after receipt of the supervisor's written response.
Step Two
In the event such differences are not settled and the grievant desires the grievance to be considered
further, it shall be presented, in writing, within five (5) working days by the employee involved, and /or
his /her representative(s) to the grievant's Department Director. A meeting shall be arranged by the
Department Director within five (5) working days of receipt of the written grievance. The grievance
shall be discussed with the grievant and pertinent facts brought to light. The Department Director
shall respond, in writing, within fifteen (15)five (6) working days after the final meeting rendering the
decision.
Failure of the grievant to take further action within five (5) working days after receipt of the decision
will constitute withdrawal of the grievance.
Step Three
In the event such differences are not settled at Step Two and the grievant desires the grievance to
12
be considered further, it shall be presented, in writing, within ten (10) working days to the General
Manager or his /her designated representative who will discuss the grievance with the grievant, his
representative or representatives, and with other appropriate persons within ten (10) working days
of receipt of the grievance. The General Manager may designate a person not in the grievant's
normal line of supervision to advise him /her concerning the grievance. A record may be maintained
of information presented. The General Manager shall render a decision, in writing, to the grievant
within twenty 20) 0) working days after hearing the grievance.
Failure of the grievant to take further action within five (5) working days after receipt of the General
Manager's decision will constitute withdrawal of the grievance
Step Four
In the event such differences are not settled and the grievant desires the grievance to be considered
further, it shall be presented, in writing, to the Secretary of the District within five (5) working days of
receipt of the General Manager's decision. The Secretary shall calendar the agenda item at the
next regularly scheduled Board Meeting in keeping with established guidelines for calendaring an
agenda item.
The Board shall employ a neutral third party to hear the matter and recommend action to the Board.
The District and the Union shall equally share the cost. If the parties cannot agree on a neutral third
party, then a list of five (5) neutral individuals shall be requested from the State Conciliation Service
and the parties shall use the alternate elimination method to determine who shall conduct the
hearing. The Board may adopt, reject, or modify the recommendation of the appointed neutral third
party. The decision of the Board is the final action of the District.
2.6 Miscellaneous Provisions: No grievant shall, at any stage of the grievance procedure, be
required to meet regarding the grievance with any supervisor or manager without organizational
representation, nor shall any supervisor or manager be required to meet with the grievant regarding
the grievance without benefit of counsel or representation. No waiver of time lines must be granted
either party due to the lack of available counsel.
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In certain grievances, the first and /or second steps may be deleted if the grievance arises out of an
action by an authority above the level of the grievant's supervisor. However, such grievances will
begin at a level no higher than Step 3 of this grievance procedure.
Failure at any step of this procedure to communicate the decision on a grievance within the
specified time limits shall permit the lodging of an appeal at the next step of the procedure within the
time allotted, had the decisions been given. Failure to appeal a decision within the specified time
limits shall be deemed a withdrawal of the grievance.
The time limits specified in this procedure may be extended, in any specific instance, by mutual
agreement, in writing.
2.7 Group Grievances: If the grievance involves employees with different immediate supervisors,
the grievance may be filed at the appropriate step of the grievance procedure. However, such
grievance will begin no higher than Step 3 of this grievance procedure.
2.8 Employee- Processed Grievance: An employee covered by this Agreement may present a
grievance directly and have such grievance adjusted without intervention of the Union as long as the
adjustment is not inconsistent with the terms of this Agreement.
2.9 Grievance Witnesses: The District shall endeavor to make available for testimony in
connection with the grievance procedure reasonable requests for District employees to appearwhen
requested by the grievant, the Union, or the District. Any employee witnesses required to appear in
connection with this article shall suffer no loss of normal pay, but will not receive any form of
overtime compensation in connection with his /her appearance. Such employee witnesses are
responsible for informing their immediate supervisor forty -eight (48) hours in advance or as soon as
reasonably possible.
2.10 Grievance Processing During Regular Working Hours: The grievant and his /her
representative(s) shall normally be entitled reasonable time to process a grievance during normal
working hours with no loss of pay or benefits, provided the grievant has the permission of his /her
supervisor. Such permission shall not be unreasonably withheld.
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2.11 Separate Grievance File: All materials concerning an employee's grievance shall be kept in a
file separate from the employee's personnel file which shall be available for inspection only by the
grievant; his /her representative with approval by the grievant; and management, supervisory, and
confidential employees who can demonstrate a need to review the file.
SECTION 3 DISCIPLINARY PROCEDURE
3.1 Disciplinary Action:
A. General
The District's disciplinary procedure is intended to advise the employee of less than
satisfactory behavior or actions on the job, and it is intended to be used as a corrective
measure for improvement. The District shall use progressive steps in the disciplinary
procedure as follows: verbal warnings with discussion records, written reprimands,
suspension, reduction in rank and /or pay. Notwithstanding the above, the disciplinary
measures shall be commensurate with the offense or the continuation of offenses with which
the employee is charged.
B. Grounds for Discipline
1. Discourteous treatment of the public or fellow employee including discrimination and
harassment that is detrimental to the function of the District
2. Drinking of intoxicating beverages or use or possession of illegal or unprescribed
drugs on the job; or arriving on the job under the influence of such beverages or
drugs; or providing or soliciting intoxicating beverages or illegal or unprescribed
drugs to or from others while on District premises or on the job; or failure to
successfully complete a treatment program as agreed to by the District and the
employee in lieu of disciplinary action; or failure to comply with the terms of any
return -to -work agreement between the District and the employee. it shall be the
15
PFOgFaFn- An employee who fails to successfully complete treatment or counseling
shall be subject to the previously proposed disciplinary action. If the employee
successfully completes the program, a# the previously proposed disciplinary action
shall not be imposed
pFegFam.
3. Habitual absence or tardiness
4. Abuse of sick leave
5. Disorderly conduct
6. Incompetency or inefficiency
7. Violation of any lawful or reasonable regulation or order made and given by an
employee's supervisor; insubordination
8. Dishonesty
9. Violation of District safety rules and regulations
10. Failure to perform duties
11. Misconduct
12. Storage, carrying or use of firearms or other items traditionally considered lethal
weapons on District property
13. Loss of required valid California Driver's License in accordance with Article III,
Section 17
14. Driving a District vehicle without a valid California Driver's License
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C. Written Notice
All acts of discipline will be documented by a written notice to the employee stating the
reasons and grounds for such discipline. The employee must acknowledge receipt of the
warning by signing the same at the time of presentation; this signature signifies only receipt
of the document, not necessarily agreement to the contents thereof. If employee refuses to
sign, such will be noted on the form. The District shall notify the employee and the Union of
its intent to issue discipline within thirty (30) days of the incident giving rise to the District's
decision to take disciplinary action. The parties may agree to extend the time to provide
notice of intent to issue discipline.
All discussion records shall remain a part of the employee's personnel file for a period of
three (3) years 12 n9enths assuming no continuation of similar offense. All records of
discipline shall remain a part of the employee's personnel file for a period of three (3) years,
assuming no continuation of a similar offense. Negative evaluations which are removed
from the employee's personnel file after three years shall be maintained in a separate file by
the District's Human Resources Manager to be used only in matters involving discrimination,
litigation complaints or charges, and grievances alleging disparate treatment. An employee
or his /her Union representative, with written authorization of the employee, shall have the
right, at any reasonable time, to examine and /or obtain copies of any material from the
employee's personnel file in the Human Resources Office. It is the employee's
responsibility to request removal of the above documentation from his /her personnel file
by contacting the Human Resources Office.
D. Human Resources Manager
Any offense warranting disciplinary action, with the exception of suspension with pay, is to
be cleared through the Human Resources Manager prior to any action being taken in order
to ensure conformity with rules and procedures.
E. Content of Notice
After review and discussion with the Human Resources Manager, any disciplinary action
17
which may result in suspension without pay shall be set forth, in writing, to the employee at
least five (5) working days before the proposed effective date or dates. All notices of
proposed action shall be personally served or be mailed by certified mail, return receipt
requested, to the last known address of the employee(s). This notice shall be prepared by
the Department Director after consultation with the Human Resources Manager and shall
contain the following:
1. A description of the proposed action and its effective date or dates, and the
ordinance, regulation, or rule violated.
2. A statement of the acts or omissions upon which the action is based.
3. A statement that a copy of any available materials upon which the action is based is
attached. This does not preclude either party from utilizing additional information if
the matter should be appealed to the Board. However, this additional material shall
be made available at least ten (10) working days before the date of appeal to the
Board.
4. A statement advising the employee of the right to seek representation and to request
a hearing as provided herein.
3.2 Dismissal of an Employee
A. General
During his /her probationary period, an employee may be dismissed without cause by either
the Board, the General Manager, or his /her Department Director with the approval of the
General Manager. This discharge is at the sole discretion of the District with no recourse
under the grievance or appeals provision.
A regular employee may be dismissed at any time by the Board of Directors, the General
Manager, or his /her Department Director for cause with the approval of the General
Manager as stated herein.
If a promoted, regular employee is found to be unable to adequately perform under the
increased responsibility of the new position during the probationary period, the employee
shall be demoted back to the previously held position. No other employee in a permanent
position shall be displaced by this action.
B. Sufficient Cause for Dismissal
1. Conviction of a felony. (The District will consider the felony conviction in light of the
employee's job duties performed.)
2. Fraud or misstatement of qualifications in securing employment.
3. Misappropriation of District funds or property.
4. Intentional or gross misconduct.
5. Failure to respond or improve as specified in Article III, Section 3.1.13 (1 -14), or
continued behavior as specified in Article III, Section 3.1.B(1-14), after an evaluation
or corrective action plan has failed to produce an improvement in the worker's
performance.
6. Incapacity due to mental or permanent physical disability.
7. Gross violation of District safety rules and regulations.
8. Three consecutive days' absence without notice to the District shall be deemed
sufficient cause for dismissal providing the employee fails to show satisfactory cause
for such action.
9. Loss of required valid California Driver's License in accordance with Article III,
Section 17.
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C. Notice of Dismissal
After review and discussion with Human Resources Manager, all regular employees shall be
provided with a notice of dismissal at least five (5) working days prior to the effective date.
This notice shall be prepared by the employee's Department Director after consultation with
the Human Resources Manager and shall contain the following:
1. A description of the proposed action and its effective date and the ordinance(s),
regulation(s), or rule(s) violated.
2. A statement of the acts or omissions upon which the action is based.
3. A statement that a copy of any available materials upon which the action is based is
attached. This does not preclude either party from utilizing additional information if
the matter should be appealed to the Board. However, this additional material shall
be exchanged between the parties at least ten (10) working days before the date of
appeal to the Board. Furthermore, no material shall be based upon hearsay; it must
be directly related to the original charges and it shall not be based on events more
than three (3) years old, in accordance with Article III, Section 3.1.C, Written Notice.
4. A statement advising the employee of the right to seek representation and to file an
appeal as provided herein.
3.3 Fair and Impartial Hearing for Disciplinary Action and Dismissal of Employees
A. Procedure
A regular employee upon receipt of a notice of dismissal, demotion, or suspension may
appeal, in writing, to the General Manager within ten (10) working days of the date of the
notification. The General Manager may overturn, affirm, or modify the Department Director's
decision. Should the General Manager elect to affirm or modify such decision, then the
General Manager shall schedule a fair and impartial hearing. The General Manager shall
appoint the Director of Administration to act as the Hearing Officer or, if it has been
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determined that a conflict of interest exists, or in his /her absence, another Department
Director may be appointed. In either case, said hearing shall be scheduled within thirty (30)
working days. At this hearing the employee may answer the charges against him /her,
present any mitigating evidence, or otherwise respond to the Notice of Dismissal. The
Hearing Officer shall issue his /her opinion and decision within five (5) twenty (20) working
days of the hearing. The Hearing Officer may, based upon the evidence presented at the
hearing, concur with the Department Director's action, recommend a less severe disciplinary
action, or order the employee reinstated with full back pay and benefits.
B. Appeal to Board of Directors
Regular employees dissatisfied with the Hearing Officer's decision, only in matters relating to
suspension, reduction in rank or pay or dismissal, may appeal to the Board of Directors
pursuant to the procedures set forth herein.
3.4 Appeal
A. General
An employee, except as provided in Sections 4-410,4-411, 4 -412, and 4 -415 in Chapter 4 of
the District Ordinance Code, may appeal the Hearing Officer's decision by appealing to the
Board via filing a written request for hearing with the Secretary of the District within ten (10)
working days of receipt of the Hearing Officer's decision. The Secretary shall calendar the
matter at the next regularly scheduled Board Meeting in keeping with established guidelines
for calendaring an agenda item.
B. Board Shall Designate Representative to Hear Appeal
The Board shall employ a neutral third party to hear the appeal and to recommend action to
the Board. The District and the Union shall share the cost of the neutral third party and the
court reporter and transcript fees and costs.
C. Adopt or Modify Recommendation
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The Board may adopt, reject, or modify the recommendation of the Board - appointed neutral
third party. The decision of the Board is the final action of the District.
SECTION 4 HOURS OF WORK
4.1 Regular Work Week: The District's regular work week consists of forty (40) hours per week;
eight (8) hours per day excluding a 30- minute lunch break and including two (2) paid 15- minute
breaks. The Operations Department and Engineering Department require special working
schedules to meet the service demands of the public as well as maintain efficiency
4.2 Alternative Work Schedules: The District establishes working hours which are consistent with
the operating requirements and responsibilities of the various divisions and /or departments of the
District. With the approval of the appropriate Supervisor, Division Manager, Department Director,
and the General Manager, the District will adjust or readjust the beginning and ending work day
hours and /or work week based on a determination that the work or the operation of the unit or other
functions of the District will not be impaired by such adjustment.
An individual or group of employees within a work unit may request the District to adopt an
alternative work schedule, with a written request to their supervisor, who will give full, prompt, and
responsible consideration to such requests and forward such requests to the appropriate
Department Director or Division Manager with a recommendation.
The decision of the District in regard to granting or refusing to grant such requests for work schedule
changes is subject to periodic review and /or revision by the District. If during a review of this policy
the determination of the District is that modification is necessary, that shall be subject to meet and
confer with the Central Contra Costa Sanitary District Employees' Association, Public Employees
Union, Local One.
SECTION 5 TEMPORARY EMPLOYEES
5.1 Appointment Limitation: A temporary appointment is limited to 2080 hours or twelve (12)
months from the first date of hire, whichever occurs first. The District shall provide the Union with a
copy of the quarterly Temporary Appointment report.
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SECTION 6 APPOINTMENT OF RELATIVES
6.1 Officials: Members of immediate family of elected or appointed officials shall not be appointed
to District employment.
6.2 Restrictions: Members of the immediate family of employees shall not be employed by the
District. Those relatives appointed before July 1, 1982, shall not be appointed to the same division,
nor shall be transferred, promoted or demoted into the same division, nor be placed in such a
position as to evaluate a relative or be in the same line of supervision.
6.3 Definition: Immediate family members are defined as mother, father, brother, sister, son,
daughter, in -laws, grandparents or registered domestic partners.
6.4 Application: This provision shall apply to all types of employment status including temporary
employees.
SECTION 7 EMPLOYEE RECLASSIFICATION REQUESTS
7.1 Procedure: The District is responsible for determining the methods, means, and personnel by
which District operations are conducted including, but not limited to, classifying and reclassifying
personnel. However, if an employee has reason to believe that duties and responsibilities are being
performed outside of the employee's class description so as to justify a reclassification, the
employee may submit that evidence, in writing, through his /her Department Director to the Human
Resources Manager. The Human Resources Manager shall evaluate the written request with the
Department Director and render an appropriate recommendation. If the recommendation is that a
reclassification is appropriate, then that recommendation shall be submitted to the Board of
Directors for consideration.
SECTION 8 LAYOFF
8.1 Provisions: If layoffs are deemed necessary by the Board of Directors, they will be done in
accordance with the layoff provisions as specified in the District Ordinance Code, Chapter 4. The
District agrees to meet and confer with the Union on the effects of such layoff.
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SECTION 9 PROMOTIONAL OPPORTUNITIES
9.1 General: Opportunity for advancement is important to the employee. For this reason,
promotions and personnel advancements shall be made from within the work force wherever
practicable.
The District's Personnel Advancement Policy and Procedure provides employees in positions within
designated job families the opportunity to promote to a higher class, without normal recruitment,
upon meeting specified performance and testing criteria. The Policy provides flexibly staffed
positions from "I" level to the "II" level. In some cases where the "III" level position within a job family
is non - supervisory, this program provides employees who meet the specified performance and
testing criteria to advance to the specified third level if an opening occurs at that level.
9.2 Eligible Classifications: Positions included in the Personnel Advancement Policy and
Procedure are:
- Accounting Technician I to II to III
- Buyer to Senior Buyer (non - supervisory)
- Construction Equipment Operator to Maintenance Crew Leader
- Engineering Technician I to II to III (non - supervisory)
- Graphics Technician I to II to III
- Household Hazardous Waste Tech. I to II to Senior Household Hazardous Waste Tech.
- Maintenance Coordinator I to II
- Maintenance Crew Member I to II to Maintenance Crew Leader
- Maintenance Technician I to II to Electrical Technician (non - supervisory)
- Maintenance Technician I to II to Instrument Technician (non - supervisory)
- Maintenance Technician I to Maintenance Technician II, Machinist to Machinist
(non - supervisory)
- Maintenance Technician I to II to III, Mechanical (non - supervisory)
- Materials Coordinator to Senior Materials Coordinator (non - supervisory)
- Plant Operator I to II to III
- Public Information & Production Assistant I to II
- Pumping Stations Operator I to II to III
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- Secretary I to II to III
- Source Control Coordinator I to II
- Source Control Inspector I to II
9.3 Failure to Pass Examination: If the employee fails to pass the performance test for
advancement, suggestions for improvement shall be made to the employee. The employee is
eligible to re -test after three (3) months.
9.4 Recommendation for Advancement: The recommendation for advancement shall be
requested from the supervisor by the employee or initiated by the employee's supervisor based on
the supervisor's evaluation that the employee's performance is completely satisfactory in the present
position and the employee qualifies for advancement to the higher position. This recommendation
must be approved by the Department Director and the General Manager.
A. The supervisor must file a written recommendation.
B. When an employee requests a recommendation from his /her supervisor, it shall be
the responsibility of the supervisor to respond to the request.
9.5 Salary Increase: Employees who advance to the second level position will be given a minimum
of a one -step salary increase and will be on probation for six to twelve months.
9.6 Advancement to II Level: Entry level employees may be advanced to the journey level position
(second level position) if the following requirements are met:
A. The employee has been in the entry-level position for a minimum of 18 months.
B. The employee has met the qualifications of the second level position by means of
on- the -job training, experience, continuing education, and /or organizational
certification as spelled out in the class description and department standards.
C. The employee has successfully passed a performance test for advancement
approved by the Department Director and the Human Resources Manager.
9.7 Advancement to III Level: Second level employees may advance to the third level if the
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following conditions exist:
A. The position is noted under II above (Section 9.6).
B. The employee has been in a second level position for a minimum of 12 months.
C. The employee has met the qualifications of the third level position by means of
on- the -job training, experience, continuing education, and /or organizational
certification.
D. The employee must pass a standardized written and /or oral examination approved
by the Department Director and the Human Resources Manager with specific
emphasis on the duties and skills required for the position. The District shall
determine the method of evaluation as a means of measurement of knowledge,
skills, and ability.
E. There must exist an open position in the third level:
1. An employee in the third level vacating the position, or
2. The Board of Directors authorizing a new position at the third level.
F. Employees who advance to the third level position shall be given a minimum of a
one -step salary increase and will be on probation for a 12 -month period.
9.8 Absence of Qualified Employees: If there are no employees at the II level who qualify for an
opening at the III level, then the District shall institute open and promotional recruiting.
SECTION 10 EXAMINATION PROCEDURES
10.1 Open /Promotional Opportunities: When an opening occurs for a position which is not
included in the Personnel Advancement Policy, employees may compete on an open /promotional
basis. Employees must meet the minimum qualifications of the open position to apply.
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At the conclusion of the recruitment and testing process, an eligibility list of candidates will be
prepared. A District manager or his /her designated representative will interview and select from the
candidates on the eligibility list in the following manner: the four highest ranking regular District
employees shall be interviewed and any outside candidates who place among the top four
candidates on the eligibility list shall be interviewed.
The top four (4) internal applicants shall be invited to final selection interview. No external applicant
shall be interviewed for final selection unless he /she scores in the top four of all applicants.
In the event that a vacancy occurs or exists and the possibility of layoffs exists due to the elimination
of a position or positions, management may limit recruitment. The District agrees to notify the Union
of this occurrence, and the parties agree to meet and confer.
SECTION 11 TRAINEE PROGRAM
11.1 Eligible Classifications: The District shall establish and maintain a Trainee Program for the
classifications of Maintenance Technician 1 /II, Pumping Stations Operator 1 /11, Plant Operator 1 /I1,
and Maintenance Crew Member 1 /II. The purpose of this program is to provide advancement
opportunities for District employees interested in the aforementioned positions.
11.2 Pre - Qualifications:
- Valid California Driver's License
- Completion of the twelfth grade or equivalent
- Must be willing to work shifts on weekends and holidays if required by the position
- Successful completion of a physical examination related to the type of work
- Successful completion of related educational courses
- Current regular employee of the Central Contra Costa Sanitary District
11.3 Selection: Selection of employees to be transferred to the Trainee Program will occur by the
following procedural sequence:
A. Position opening posted on bulletin boards for one week.
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B. Employee applies for transfer to Trainee Program opening.
C. Applicants are interviewed by a panel of one employee who is a member of a legally
protected class, one supervisor, and one manager from the department where the
Trainee position is open. Work performance and seniority shall be among the
factors for selection considered by the panel.
D. Interview panel recommends selection.
E. Department Director makes final selection. Employees not selected may receive the
reasons in writing upon request.
11.4 Promotion: The Trainee Program is intended to provide a period of preparation and training
for promotion into the 1 /11 series of Maintenance Technician, Pumping Stations Operator, Plant
Operator, and Maintenance Crew Member. The training period will be for one year. At the
conclusion of the one -year period and upon successful completion of the training course, the trainee
will advance to the appropriate 1 /II classification. If, during the first one - hundred and eighty (180)
days of the training period, the supervisor and Department Director determine the employee's
performance is unsatisfactory and after attempts to correct any deficiencies it is apparent to them
that the employee will not successfully complete the training period, the employee will be transferred
back to his /her formerly held position. Also, if the employee determines during the first one - hundred
and eighty (180) days of the training period that he /she wishes to discontinue the program, he /she
shall be transferred back to his /her formerly held position. A written evaluation will be completed
every two months.
Notwithstanding any other provision of the Memorandum of Understanding, an employee hired to
replace a trainee may, at the discretion of management, fill the position until the recruitment is
completed and vacancy filled.
The posting for a trainee position will only occur in the event of a vacant regular position. There will
only be one trainee per classification. If applications for an open trainee position are not received by
the filing deadline, recruitment will be advertised as open and promotional at the 1 /II level.
Employees in the trainee program will be eligible to apply for openings in any position within the job
family at the 1 /11 level during the one -year period of training
11.5 Salary: Trainees will be compensated at the rate of pay in their most recent regular position
unless such rate is higher than the I classification of the job for which they are training; in that case,
the salary during training would be reduced to the I level. Normal step raises and seniority will not
be affected by the transfer to the Trainee Program. If the trainee's Performance Appraisal for a step
raise is scheduled within the first ninety days of program participation, the evaluation will be
completed by the immediate past supervisor. If the Performance Appraisal for a step raise is
scheduled later during the training period, the evaluation will be completed by the supervisor the
trainee reports to in the program.
SECTION 12 LATERAL TRANSFERS
12.1 Definition: The movement of a regular status employee from a position within a department,
or from a department to a regular position in another department in the same classification, is
considered a lateral transfer.
12.2 Conditions: The following conditions must exist:
A. An authorized position must be vacant and the Department Director has determined
that the vacancy within his /her department must be filled.
B. All individuals eligible (in the same classification), who are not on probation in their
first year of District employment, and who submit applications to the Human
Resources Office will be interviewed by the Department Director when a vacancy
exists and will be considered prior to any other recruitment activity.
C. Factors to be considered regarding a transfer will include, but not be limited to,
related experience, job performance, and seniority with the District. If all other
factors are substantially equal, seniority will prevail in the selection of the transferee.
D. The General Manager approves the transfer.
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12.3 Procedure: Whenever a District - authorized position becomes vacant and another position
exists in the same classification, then the District shall:
A. Post a lateral transferjob announcement for a period of five (5) working days, prior to
any other notice to recruit and include the following information:
1. Class description, positional duties, if appropriate.
2. Job location.
3. Department and division, supervisor, and hours at the time of position
opening.
4. Final filing date.
B. The District shall notify an applicant within ten (10) working days after the final filing
date regarding acceptance or denial of the transfer.
C. When a lateral transfer opportunity is posted and not filled, the position shall be filled
in accordance with District Ordinance Code, Chapter 4. If a promotional examination
is deemed appropriate, the examination posting period will be reduced so that the
total time period for the posting of the lateral and promotional examination shall not
exceed three (3) weeks.
SECTION 13 SAFETY
13.1 District Safety Committee Membership: The District Safety Committee shall include four (4)
members appointed by the Union. One appointee shall be from Operations /Plant Maintenance, the
second appointee shall be from Operations /Plant Operations, the third appointee shall be from
Operations /Collection System Operations, and the fourth appointee shall be either from the
Engineering or Administrative Department.
13.2 Responsibility: Those employees represented by the Employees' Association, Local One and
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the District shall work towards maintaining a safe working environment in all the District's divisions
and departments.
The District will continue to make reasonable provisions for the safety and health of its employees
during the hours of their employment and maintain a strong safety program whose aim is to prevent
accidents and injuries.
13.3 Purpose: The District's ongoing safety program is directed at preparing employees to
recognize unsafe conditions and to avoid them and how to work safely in the vicinity of potentially
hazardous conditions when it is necessary.
13.4 Cooperation: The employee shall cooperate towards this common goal by participating in the
various safety programs developed by the District.
13.5 Substance Abuse: Employees who have dependency on alcohol or other controlled
substances are encouraged to voluntarily request counseling or rehabilitation before their substance
abuse leads to disciplinary action or work - related problems. In cases where an employee's use of
admits aR alcohol or drugs abuse PFebI that leads to disciplinary action or interferes with regular
work duties, subject to the paragraph below, the District may offerthe employee the option to hold in
abeyance proposed disciplinary action and refer the employee for appropriate counseling or
treatment. The District further agrees that an employee will not be dismissed for the conduct that
led to his or her referral to treatment or counseling while actively participating in such treatment or
counseling programs. As a condition of holding proposed disciplinary action in abeyance and
allowing the employee to participate in counseling or treatment, the employee shall enter into an
agreement with the District regarding the terms of the employee's participation and authorizing the
professional treatment provider to release information to the District about the employee's status
and participation.
The District shall provide this pFegFaFn te the fiFst tinge effende an employee with the option to hold
disciplinary action in abeyance and enter counseling or treatment only once during a ten -year
period.. The ten (10)- year period is measured from the date the employee signs an agreement
with the District regardinq participation in treatment or counseling. If, however, eaAess-the District
31
has reason to believe homes that the employee presents a clear and present danger to
himself /herself, other workers, or the public, then the Dlstrict need not provide the option fefto enter
counseling or treatment even if the employee has had not previously been offered that option in a
ten (10) year period PFieF issueS Felated te the use of aieehel 8F eeigtFelled substanees.The
employee may use all available leaves, including vacation, sick leave and compensatory time, in
order to allow the employee to participate in the program. In addition, the employee shall have the
right to access Article IV, Section 2.6 of the M.O.U. towards the cost of any program.
SECTION 14 TOOLS AND EQUIPMENT
14.1 Uniforms: The District furnishes work uniforms and laundering of them for certain operational
personnel.
14.2 Lockers: The District shall provide two (2) lockers for most of those employees required to
wear uniforms during his /her working hours. Lockers are District property and may be searched by
management at any time without advance notice. If the locker is to be inspected and the employee
is on the jobsite, the employee will be allowed to be present, and shall have the right to have Union
representation when the locker is inspected. The District will be responsible for replacing damaged
locks.
It is the employee's responsibility to secure his /her valuables. The District assumes no liability in the
case of loss or theft.
14.3 Cars On District Business: When an employee is on District business requiring
transportation, a District vehicle shall be used when practicable, with prior approval of the
employee's supervisor. If a District vehicle is not available and the employee has the approval of
his /her supervisor, he /she may use a privately owned vehicle and be compensated on a mileage
basis. District cars are not to be used on private business.
Some employees whose work requires considerable driving and frequent call outs are assigned a
District vehicle at the discretion of the General Manager. Employees who do not have personally
assigned vehicles shall utilize the District vehicle pool or a privately owned vehicle.
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Each employee who drives his /her personal vehicle to conduct District business must maintain
automobile insurance. Each employee is held responsible for any traffic citations received.
14.4 Safety Shoes: Employees regularly exposed to foot injuries are required to wear safety
shoes. Employees who are periodically exposed to foot injuries are advised to wear safety shoes.
Employees will be informed by their immediate supervisor whether or not they are required to wear
safety shoes.
Employees who are either required or advised to wear safety shoes shall be provided one pair of
safety shoes by the District from a District - designated supplier at a cost not to exceed $47-5 200 per
pair of safety shoes, effeetiye july 8, 2003, plus replacement if shoes become unusable while
performing District business.
Safety shoes requiring replacement shall be turned in to the employee's immediate supervisor who
makes the appropriate determination as to their replacement and notifies the employee on how to
proceed with shoe replacement.
SECTION 15 PROPERTY DAMAGE
15.1 Consideration For Replacement: The District discourages the use or display of personal
property not required for the job by the employee at work. The District shall consider the
replacement of damaged personal property on a case -by -case basis.
SECTION 16 MILEAGE
16.1 Allowance: The District -wide mileage allowance for the use of personal vehicles on District
business shall be paid as allowed by the Internal Revenue Service without tax consequences.
SECTION 17 DRIVER'S LICENSE
Employees required by their classification to possess a valid Class A, B, or C Driver's license must
report any suspension or revocation of their driver's license to Human Resources within 24 hours or
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the next regular work day of a conviction or loss of driver's license or driving privileges.
In positions where possession of a valid California Driver's License is mandatory and an employee
has his /her license revoked or suspended, the District may impose disciplinary action up to and
including suspension, demotion, or termination. The District will consider reasonable
accommodation options when practical for the duration of the employee's inability to perform duties,
but not to exceed twelve (12) months. Discipline may be imposed only if reasonable
accommodation options have been exhausted.
Employees must report all citations received in a District vehicle before the end of the workday or at
the start of the following workday for citations received outside of the District's regular work hours.
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ARTICLE IV BENEFIT PROVISIONS
SECTION 1 EMPLOYEE BENEFITS
1.1 Health Plans: Current regular or probationary employees hired by the District shall be provided
with a choice of three health plans. As of July 2, 2009 8, 2003 those plans are Kaiser, Health Net
HMO, and Health Net PPO. The premium cost of the plans shall be borne by the District. However,
employees hired after June 30, 2009 who select the PPO plan shall pay through payroll deduction
the difference in premiums between the PPO plan and the highest cost HMO plan.
1.2 Dual Health Coverage: Those employees having dual coverage under a health insurance
program may withdraw from the District's health insurance coverage and, in lieu of such coverage,
receive additional monthly compensation in the amount of $200456.00. Continuation of this
program is subject to Health Plan carrier acceptance.
1.3 Benefits: The parties agree that in the event that federal health care reform legislation
becomes effective during the term of this Agreement which calls for health and other benefits
different, or under different terms than those provided for in the Agreement, they will immediately
meet and confer for appropriate modifications.
1.4 Retirement: The District shall provide a retirement program for all employees covered under
this M.O.U. District employees who were members of the Retirement Association on or prior to
March 1, 1973, and who have vested thirty (30) years service in the Retirement Plan are not
required to make any further contributions to the Retirement Plan.
Those District employees so qualifying shall be entitled to receive a cash supplement to their
compensation equivalent to and in lieu of any District payment as may be granted and made as a
portion of employee retirement contributions to the retirement program.
1.5 Dental Plan: The District shall provide a dental care program for all employees covered under
this M.O.U.
1.6 Eye Care Plan: The District health plans each provide a vision /optical plan for their enrollees.
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The programs vary depending on the health plan. Employees who waive health plan coverage also
waive vision /optical coverage.
1.7 Disability Plan: The District shall provide a disability program for all employees covered under
this M.O.U.
1.8 Term Life Insurance Plan: The District shall provide a term life insurance policy equal to two
times the employee's annual salary at Step E to a maximum of $50,000 for all employees covered
under this MOU.
1.9 Deferred Compensation: The District shall offer a Deferred Compensation Plan which affords
employees the opportunity to defer receipt of a portion of their salary for savings purposes, thus
taking advantage of deferring payment of income tax until withdrawal. To participate, the employee
may defer up to the amount allowed by law. Employee participation in the Deferred Compensation
plan is voluntary.
1.10 Continuance of Benefit Plan: The District shall have a program which provides a continued
degree of responsibility to the employee upon retirement and to the dependents of a deceased
employee.
Tier I: Employees hired by the District prior to May 1, 1985 shall be covered by medical, dental,
and reduced life insurance plans (one -half of the life insurance provided at time of retirement for
employees hired before May 1, 1985 ) when they retire from District employment provided that they
meet the "Rule of 65." Under the "Rule of 65" an employee's age plus years of service with the
District at the time of retirement must total 65, with a minimum requirement that the employee must
be at least age 50 and have at least ten (10) years of continuous service with the District at the time
of retirement. Eligible employees' qualified dependents (as defined by the plan provider) who
were covered as dependents at the time of retirement also shall be covered by medical and dental
plans.
Tier II: Employees hired after May 1, 1985 will be covered by medical and dental plans when they
retire from District employment, provided that they meet the "Rule of 65." Under the "Rule of 65" an
employee's age plus years of service with the District at the time of retirement must total 65, with a
minimum requirement that the employee must be at least age 50 and have at least ten (10) years of
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continuous service with the District at the time of retirement. The District shall only pay for the full
cost of an eligible retired employee's medical and dental plan premiums until the retired employee's
65th birthday. At age 65, the retired employee shall pay the District fifty percent (50 %) of the cost to
the District for the employee's medical and dental coverage. Eligible employees shall be provided
with reduced life insurance ($10,000) when they retire from District employment. Eligible employees'
qualified dependents (as defined by the plan provider) who were covered as dependents at the time
of retirement also shall be covered by medical and dental plans with the exception that the District
shall only pay for the full cost of an eligible dependent's medical and dental plan premiums until the
eligible dependent's 65th birthday. At age 65, the eligible dependent shall pay the District fifty
percent (50 %) of the cost to the District for the eligible dependent's medical and dental coverage.
Tier III: Employees hired after June 30, 2009 shall be covered by medical and dental plans when
retire from District employment provided that they meet the "Rule of 70." Under the "Rule of
70," an employee's age plus years of service with the District at the time of retirement must total 70,
with a minimum requirement that the employee must be at least age 55 and have at least ten (10)
years of continuous service with the District at the time of retirement. The District shall only pay fifty
(50 %) percent of the premium cost for the lowest cost medical plan for the retiree and spouse.
Eligible employees' qualified dependents (as defined by the plan provider) other than the
employee's spouse who were covered as dependents at the time of retirement also shall be
covered by medical and dental plans with the exception that the employee shall pay the full cost of
coverage for those dependents. Tier III retirees and dependents are ineligible for life insurance.
Common to all Retirees: At the time of an eligible employee's retirement, all qualified dependents
(as defined by the plan provider) who already were dependents at the time of retirement, shall
continue to be covered by the District's medical and dental plans in accordance with the Tier I and
Tier II benefits as stated above. The District shall have no obligation to pay for coverage for more
than two -party (retiree plus one) coverage for any new and different dependent added after the date
of retirement age (50 years).
The medical coverage for eligible retirees after age 65 will be integrated with Medicare for all eligible
retirees regardless of whether they were hired before or after May 1, 1985 and eligible dependents
upon their 65th birthday. If the retiree's /dependent's health plan requires enrollment at age 65 in
Medicare Part B, the retiree and /or dependent shall be responsible for paying the Medicare
premiums. For Tier I and II retirees, utlpon submission of evidence of payment to Medicare, the
37
District will reimburse the retiree and /or dependent for the cost of the Medicare premiums.
However, the District will not be responsible for any penalties or increased costs in the Medicare
premium should the employee and /or eligible dependent not enroll in Medicare during the
enrollment period surrounding his /her 65th birthday. For Tier III, the District shall not reimburse any
Medicare premiums.
The program for dependents of a deceased employee shall provide for the continuance of health
and dental benefits for the length of that employee's total service with the District (in other than
temporary status), or until such time that the spouse remarries, or until such time that the
dependents no longer qualify for benefits as stated by the District's policies.
1.11 Registration Differential: The Central Contra Costa Sanitary District shall grant salary merit
increases to regular employees who achieve registration or license as Professional Engineer, Land
Surveyor, Certified Management Accountant, or Certified Public Accountant while empleyed by the
D+stFiet in a position not requiring such registration or license. Such merit increase shall be subject
to the employee's demonstration of ability to assist in the accomplishment of District activities
requiring a level of skills and importance normally expected from a person with such certification.
The salary merit increase shall be in the amount of a one step increase of the employee's basic
salary. Employees shall be responsible for producing the evidence of qualification for such merit
increase to their respective supervisors for consideration under this policy. The Supervisor shall,
upon receipt of the employee's evidence of qualifications, review such evidence and if found to be
affirmative, give written recommendation for a merit increase to the Department Director.
Upon review and concurrence by the Department Director, the recommendation shall be forwarded
to the General Manager for his approval. If approved by the General Manager, the matter shall be
presented to the Board of Directors for consideration.
The District Board of Directors shall consider each recommendation of the merit increase, and, if
granted, it shall become initially effective on the date that the employee makes written application to
the Board indicating receipt of notification of the registration and /or license and will continue while
that employee occupies a position not requiring such registration and /or license.
1.12 Employee Assistance Program (E.A.P.): The District will provide an Employee Assistance
�c.
W •
Program for all employees covered by this M.O.U.
1.13 401(a) Money Purchase Plan: In lieu of paying Social Security, the District will contribute to the
401(a) Money Purchase Plan an amount equal to that which would have been contributed to Social
Security on behalf of employees. If, during the term of this Memorandum of Understanding, the
District is required by law to participate in Social Security, the District will cease contributing to the
401(a) Money Purchase Plan and will meet and confer on the change.
1.14 Cafeteria Plan: The District's Cafeteria Plan shall be available to all employees covered by this
Memorandum of Understanding. The District shall contribute $50 per month for each employee.
Effective January 1, 2004, the District shall contribute an additional $50 per month to the Cafeteria
Plan for each employee provided that this additional amount must be used to reimburse eligible
cafeteria plan expenses. The cash option may not be chosen for this additional $50 per month.
SECTION 2 VACATION
2.1 General: All employees, with the exception of Temporary status employees, earn paid
vacation time from the first month of employment. However, a new employee without District tenure
may not use any accumulated vacation time until after completion of six (6) months service.
Thereafter, accumulated vacation time may generally be used as desired, subject to the approval of
the Department Director subject to two (2) weeks notice in advance. The schedule of vacation days
and the maximum number of vacation days which may be accumulated and deferred is shown in the
following tables.
Once vacation leave or earned compensatory time is granted by the District, the leave may only be
denied under emergency situations as determined by the Department Director.
If leave or earned compensatory time is requested to take place within thirty (30) calendar days of
the request, the District shall grant or deny the leave within five (5) working days.
2.2 Vacation Earnings:
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A. Current regular or probationary employees hired by the District prior to May 1, 1985, earn
ten (10) hours of vacation per month worked plus additional allowance for longevity afterfive
(5) years.
Maximum Number of
Vacation Days Which
Years of Annual Vacation Can be Accumulated
Service Allowance and Deferred
0 - 5 Years
15 Days
30 Days
5 -10 Years
16 Days
32 Days
10 -15 Years
17 Days
34 Days
15 -20 Years
20 Days
40 Days
20 -25 Years
25 Days
50 Days
25 -30 Years
30 Days
60 Days
30 & Over
35 Days
70 Days
B. Regular or probationary employees hired by the District after May 1, 1985, earn 6.67 hours
of vacation per month worked 0 -3 years; and ten (10) hours of vacation per month worked
3 -5 years; plus additional allowance for longevity after five (5) years worked.
Maximum Number of
Vacation Days Which
Years of Annual Vacation Can be Accumulated
Service Allowance and Deferred
0 - 3 Years
10 Days
20 Days
3 - 5 Years
15 Days
30 Days
5 -10 Years
16 Days
32 Days
10 -15 Years
17 Days
34 Days
15 -20 Years
20 Days
40 Days
20 -25 Years
25 Days
50 Days
Hill
25 & Over 30 Days 60 Days
2.3 Use of Vacation Accumulation: All employees shall be afforded one calendar year from the
anniversary date to use such extra vacation days to or below the permitted maximum limits PFieF te
2.4 Accrual Credit: The extra days accrued due to service of over five (5) years are credited to
each employee's account on his /her anniversary date. Employees are notified as they reach the
maximum accrual limit.
2.5 Termination: If an employee leaves the District for any reason, he /she will be paid for any
earned vacation time not used.
2.6 Payment of Accumulated Vacation Time:
A. Employees may request payoff of accumulated vacation time.
B. Employees must have either taken 10 days of vacation time within the calendar year of
application or have accrued sufficient vacation time to take a mandatory ten days of
vacation time off within the calendar year of application.
C. The maximum number of days which will be considered for payment in any one calendar
year shall be twenty (20) days.
D. The employee shall submit a letter of request for payment of accumulated vacation to
his /her Department Director which shall include the number of days pay requested. The
request will then be submitted to the General Manager. If all of the conditions specified
above are satisfied, the request will be considered.
E. Note the following exception to Section 2.6.D. above: payment of accumulated vacation
time above the maximum annual accrual shall occur automatically on the anniversary date
on which the time would be lost provided that the conditions of paragraphs B. and C.
above are met.
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The above policies do not apply to termination of employment or retirement.
2.7 Integration Of Volunteer Pay: District employees who are volunteer police or fire fighters shall
be allowed to integrate vacation pay with police or fire fighter pay for the period of time they are
called to serve in a civil or state emergency.
SECTION 3 HOLIDAYS
3.1 Holiday Schedule: There are thirteen (13) paid holidays.
• New Year's Day Veterans Day
(January 1) (November 11)
• Martin Luther King, Jr.'s Birthday
(Third Monday in January)
• Lincoln's Birthday
(February 12)
• Washington's Birthday
(Third Monday in February)
• Memorial Day
(Last Monday in May)
• Independence Day
(July 4)
• Labor Day
(First Monday in September)
• Thanksgiving Day
(Fourth Thursday in November)
• Day after Thanksgiving
• December 24
• December 25
• December 31
3.2 Weekend- Designated Holidays: If a designated holiday falls on a Saturday, the preceding
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work day not a holiday shall be deemed to be the holiday and if the holiday falls on a Sunday, the
following work day not a holiday shall be deemed to be that holiday.
3.3 Holiday Compensation: All employees, with the exception of Temporary status employees,
who are required or authorized to work on a holiday listed above, will be paid at the rate of time and
one -half the normal regularly assigned basic pay rate in addition to the normal monthly pay except
for New Year's Day, Thanksgiving Day, and Christmas which will be paid at a double -time rate in
addition to the normal monthly pay.
Employees required to work on a Friday immediately preceding a holiday or Monday immediately
following will receive pay at time and one -half the normal basic pay rate or receive time and one -half
off at a later date.
SECTION 4 LEAVES
4.1 Sick Leave: Current regular or probationary employees hired by the District prior to May 1,
1985, earn fifteen (15) days sick leave per year. Regular or probationary employees hired by the
District after May 1, 1985, earn twelve (12) days sick leave per year. Sick leave is to be used only in
case of real sickness, disability, medical or dental care for the employee, or up to ten (10) days
annually may be used to attend to the health needs of an immediate family member. If all
accumulated sick leave is used, earned vacation time may be used as sick leave in order to receive
full regular pay. Probationary employees are eligible to use earned sick leave as required.
4.2 Doctor's Release: If absence due to illness or injury exceeds five (5) working days, the District
may, through the Human Resources Office, require a doctor's release upon the employee's return to
work. However, the District may, after consultation with the employee and with advance written
notice, require a doctor's release to return to work for any sick leave time taken. In cases where the
District has cause to believe it would be in the employee's best interest, for reasons of health and
safety, the District may require a Functional Capabilities Evaluation signed by the employee's
treating physician or the District's Occupational Health Physician before the employee is allowed to
resume full duties after an illness or injury. In the event the employee is not able to have the
Functional Capabilities Evaluation form completed immediately, the District will accept a less
complete release signed by a medical doctor for a period of five (5) days to allow for the return of the
Functional Capabilities Evaluation form.
W,
4.3 Notification: An employee must notify the immediate supervisor if calling in sick at the
beginning of the employee's assigned work hours; if the immediate supervisor is unavailable, then
the notification shall follow the chain of command.
4.4 Sick Leave Accumulation: Unused sick leave accumulates from one year to the next. There is
no maximum limitation. The balance of unused accumulated sick leave is credited as longevity
upon retirement.
4.5 Sick Leave Incentive Benefit: For current regular or probationary employees hired by the
District prior to May 1, 1985, the District shall augment the regular sick leave policy with an incentive
benefit using a formula crediting eighty five (85 %) percent of the employee's yearly unused sick
leave to an accumulating account for that person. For regular or probationary employees hired by
the District after May 1, 1985, the following schedule shall apply:
Years of
Pay -off Credit
Pay -off Credit
Service
at Termination
at Retirement
0 - 5 Years
0 Percent
0 Percent
5 - 10 Years
25 Percent
25 Percent
10 - 25 Years
25 Percent
35 Percent
25 and Over
25 Percent
40 Percent
Payment for all credited sick leave will be made upon retirement or termination of employment only if
the employee provides the District with a minimum two (2) weeks' notice.
4.6 Work- Incurred Injuries: The District's policy for charging sick leave for work - incurred injuries or
illness shall be as follows:
An employee requiring medical attention for a work - incurred injury or illness will not be required to
charge the portion of time spent on the day of injury receiving medical care to his /her sick leave
record. After the doctor has released the employee from his office, any additional time off on that
day will be charged to the employee's sick leave account. The day the injury or illness occurred is
considered to be the first day of the three -day waiting period required by State Compensation and
the District Salary Continuance Plan.
44
4.7 Salary Continuance Plan: It shall be the general policy of the District to continue pay to an
employee under the Salary Continuance Plan when an employee incurs a work - related injury or
illness. This plan commences if the employee qualifies for temporary disability payments from
Worker's Compensation for the disability and, if in the opinion of the District, the disability is
work - related. If the injury or illness is determined legitimate, all of the employee's regular benefits
will continue during the time this plan is in effect.
The salary continuance will be equivalent to seventy (70 %) percent of gross compensation less any
Worker's Compensation payments.
The maximum period for which this plan could be used by an employee will be six (6) months or
until a stable level of disability is reached, whichever occurs first.
The Salary Continuance Plan will commence on the fourth day after the disabled employee leaves
work as a result of the injury or illness after a three -day waiting period. However, if the injury or
illness causes disability of more than twenty -one (21) days or necessitates hospitalization, the
Salary Continuance Plan will become effective from the first day the injured employee leaves work
as a result of the injury or illness.
The employee may use vacation or sick leave accrual or earned overtime during this three -day
waiting period.
4.8 Death In Family: In the event of a death in the immediate family of an employee, the employee
may, after notifying his /her supervisor, be absent up to a maximum of ten (10) days and have the
time off charged to his /her sick leave account. Accrued vacation time may be used if additional time
is required. If the employee does not have sufficient vacation time or earned overtime available,
he /she may use up to three days of leave without pay, with Department Director approval. For
purposes of this section, "Immediate Family" consists of the following persons; mother, father,
husband, wife, brother, sister, son, daughter, in -laws, grandparents, or registered domestic partners.
Verification may be required.
4.9 Jury Duty: If an employee is called for jury duty, he /she may eithef take the time off with pay
45
and +HFA ,,,,,,r to the DiStFiet not take any monies Feee+ved from the court (not including mileage
allowance or meal expense) as a ju e., e. eatien leave 8F leaye without pay and
keep all the Fnenies paid te the empleyee. Mileage allowances shall be kept by the employee under
any circumstances. Shift workers summoned for jury duty shall be rescheduled to avoid serving on
jury duty during the day and working at night on the same day.
4.10 Military Leave: Employees who are assigned to military duty are entitled to military leave in
accordance with the provisions of applicable state laws (California Military and Veterans Code,
Section 395 et seq.).
4.11 Pregnancy Disability: For the purposes of State Disability Insurance, Pregnancy Disability
Leave is effective the first date the employee is disabled, e.g., if an employee's last day of work is
9/1, and the baby is delivered on 10/1, then the effective date of Pregnancy Disability Leave will be
9/1. The District will require verification from the employee's physician.
Upon termination of the disability, (generally six weeks following a regular delivery, eight weeks
following a Caesarean Section, or the length of the disability), the employee will no longer be able to
use sick leave, but will be allowed to use any accrued vacation, earned overtime or leave without
pay. The combination of time off for approved Pregnancy Disability Leave and Family Medical
Leave may not total more than seven months per occasion. This requires the approval of the
Department Director.
4.12 Leave of Absence Without Pay: Employees may request a leave of absence without pay
through his /her supervisor. A leave of absence without pay for up to thirty (30) working days may be
approved by the Department Director and the General Manager. Longer leave shall require the
approval of the Board of Directors and may be made if there is a compelling reason and the
employee's work unit will not be unduly affected by the employee's absence. During an extended
leave, the employee's employment status and seniority will remain unchanged. Health plan
insurance benefits will be continued for only medically - related leaves. However, all other rights,
privileges, and benefits of employment are suspended until the employee's return to active
employment.
4.13 Court/Witness Appearances: All employees who need time off work to attend legal
wo
proceedings must give advance notice of the need for such time off.
A. The District will compensate an employee as if the employee was at work for time spent
attending legal proceedings under the following circumstances:
1. Attendance at arbitrations held pursuant to this M.O.U.;
2. Responding to a subpoena or notice of deposition except as noted below in Section
4.13.B;
3. Attendance at a legal proceeding at the instruction of District management.
B. The District will not compensate an employee as if the employee was at work for attending
a legal proceeding under the following circumstances:
1. If the employee is an expert witness;
2. If the legal proceeding is against the District and the employee is a plaintiff in that
action;
3. If the employee participates in a legal proceeding and the proceeding does not involve
the District.
Such employee must apply for vacation leave, earned overtime, or leave of absence without pay.
4.14 Family And Medical Leave: The District will comply with the provisions of the Family and
Medical Leave Act and the California Family Rights Act. The District will require an employee to
exhaust his /her sick leave prior to considering a leave of absence without pay for the purposes of
family or medical leave.
4.15 Birthday Leave: Each employee covered by this agreement shall receive a paid leave day for
their birthday. This day shall be taken during the same calendar month of, or the next calendar
month after, the employee's birthday on a date mutually agreed upon by the employee and the
supervisor. If this day is not used during the month of or the month after the employee's birthday, it
47
is lost. Under no circumstances will the employee receive any premium, holiday pay, or additional
compensation for working on their birthday. Nothing involving the date selected or the method of
selection shall be subject to the grievance provisions of the Memorandum of Understanding.
SECTION 5 MEAL ALLOWANCE
5.1 Stand -By: Employees other than Operations personnel who are on paid stand -by and called in
will receive a 60- minute paid meal break after four (4) hours' overtime work, but not meal allowance.
5.2 Call -In Not On Stand -By: Those called in who are not on stand -by, other than Operations
personnel, will receive a paid 60- minute meal break after four (4) hours' overtime work. In addition,
they will receive a $12.00 meal allowance. Operations personnel will receive the meal allowance,
but not the paid meal break.
5.3 Unscheduled Hold -Over: Employees other than Operations personnel who are held over on
shift will receive a paid 60- minute meal period plus a $12.00 meal allowance after four (4) hours'
overtime work. Operations personnel will receive the meal allowance, but not the paid meal break.
5.4 Scheduled Overtime: Employees who are on scheduled Overtime who are not hold -overs will
receive neither a meal allowance nor a paid meal period. A minimum of twenty -four hours' notice to
work overtime shall constitute scheduled overtime.
5.5 Common To All: All employees other than Operations personnel who work in excess of four (4)
hours after completion of the first meal period will be entitled to a second meal period and payment
of $12.00. Operations personnel will receive the meal allowance, but not the paid meal break. Meal
periods and meal allowances will be paid only for overtime hours and will not be paid for scheduled
working hours. The paid meal period includes cleanup time. Receipts will not be required for meal
allowances.
SECTION 6 TRAINING
6.1 Training And Development Policy: It is the goal of the Central Contra Costa Sanitary District to
carry out its responsibilities with the best possible balance of effectiveness and economy. This goal
can best be accomplished by helping its employees develop the skills, knowledge, and
::
understanding to perform essential tasks.
The development of the skills, knowledge, and understanding is the responsibility of each employee
and will be supported by the District through a flexible program of employee training and
development.
This program will include, but not be limited to, education tuition reimbursement, seminars,
conferences, training sessions, and on- the -job training.
6.2 Education - Tuition Refund Policy: The District will reimburse employees (with the exception of
those in a temporary status or on a L.O.A.) desiring to further their education for the purpose of
improving their on- the - job - performance. Approval will be given for courses within the scope of the
employee's employment field and District job responsibilities, and for training for higher positions
within the job family. Class and study time must be outside of the employee's working hours, and
the completion of the course must result in at least a C grade or its equivalent. The maximum tuition
refund to an eligible employee shall not exceed $24,000. An employee may elect to apply part of the
tuition refund toward the purchase of course - required textbook(s), which will then be retained by the
District at the completion of the course. Requests for the budgeting of education tuition refunds
must be submitted to the employee's Department Director by March 15 of each year. The District
will notify employees in February of each year of the March 15 deadline.
Ept
ARTICLE V CONCLUDING PROVISIONS
SECTION 1 SAVINGS
1.1 Invalidation: If any provision of this Memorandum of Understanding should be held invalid
or outside the scope of bargaining by operation of law or by the final judgment of any court of
competent jurisdiction, the remainder of this Memorandum of Understanding shall not be
affected thereby.
In the event of invalidation of any section of this Memorandum of Understanding, the parties
agree to meet and confer within thirty (30) days after such determination for the purpose of
arriving at a mutually satisfactory replacement for such section.
SECTION 2 APPLICATION
2.1 Waiver: This Memorandum of Understanding states all agreements between the District
and those employees represented by the Union and constitutes a clear and unequivocal waiver
of any benefit or privilege not specifically stated in this Memorandum of Understanding.
2.2 Practices: Should the District take action to change its practices in subjects within the
scope of meet and confer as specified in Government Code Section 3500 et seq. which are not
a part of this Agreement, the District agrees to meet and confer before taking such action.
SECTION 3 TERM
3.1 Length of Agreement: This Memorandum of Understanding shall remain in full force and
effect from July 2, 2009 8, 2093 through April 17, 201299.
SECTION 4 DISTRIBUTION OF AGREEMENT
4.1 Shared Cost: Following ratification of this Agreement by both parties herein, said parties
shall share equally the cost of preparing and distributing a sufficient number of copies to all
members of the bargaining units and designated management personnel. Additionally, the
District shall distribute a copy of this Agreement to all new employees covered by the
Memorandum of Understanding.
SECTION 5 SIGNATURES TO AGREEMENT
5.1 Signatures: Signed and entered into this July , 2009 , subject to the
approval of the respective parties.
CENTRAL CONTRA COSTA SANITARY DISTRICT
Allison Woodall
Cathryn Radin Freitas
Randall Musgraves
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CENTRAL CONTRA COSTA SANITARY DISTRICT
DISTRICT EMPLOYEES' ASSOCIATION,
PUBLIC EMPLOYEES' UNION LOCAL ONE
Arlyn Erdman, Senior Business Aqent
David Rolley
Rank FavaleFa Jeff Skinner
Fete AT astasi Newland Kevin Kirby
Philip Notarmaso
Mark Cavallero
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SIDELETTER TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN CCCSD AND EMPLOYEES' ASSOCIATION,
PUBLIC EMPLOYEES' UNION, LOCAL ONE
Effective July 2, 2009 — April 17, 2012
Plant Operator Shifts
The District and Local One will use a labor- management committee to address issues
arising from current Plant Operator shift scheduling of ten days of work, then four days off of
work.
ICMA Presentation
Within the first year of the Agreement, the District shall listen to a presentation by ICMA
regarding its Health Savings Accounts. This is an informational presentation and will not
give rise to any meet and confer obligation.
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Agenda Item 9.a)
GRAYSON CREEK REW
EMERGENCY REPAIR
UPDATE
DP 7278
July 2, 2009
STATUS OF PERMANENT REPAIR
• Three Proposals Received June 22
— C. Overaa & Company $204,218
— Manito Construction, Inc. $206,500
— Mountain Cascade, Inc. $298,422
• Awarded to Manito Construction
— Manito Construction is in best interest of District
— Lowest overall cost
— Will work from bridge deck, not creek floor,
making permit processes quicker and easier
• Directed Manito to proceed with measuring,
etc...
STATUS OF PERMANENT REPAIR
• Awaiting comments from permitting
agencies
— Flood Control District
— Department of Fish and Game
— US Army Corps of Engineers
— SF Water Quality Control Board
SCHEDULE AND ACTIVITIES
• Manito Construction started measurements
on June 26
• Submittals Expected - July 13 - 24
• Change order with Manito for Solids
Handling Improvements project on August 6
• Survey locations of old pipeline supports to
compare to new support locations
• Testing (x -ray, ultrasound, etc.) to locate
rebar
• Working on recovering costs above $250,000
from our Property Loss Insurance Policy
2
RECOMMENDATION
• Authorize the General Manager under
Public Contract Code 22050 (b) to
continue with emergency repairs on the
recycled water pipeline at Grayson Creek
in Martinez
QUESTIONS
3