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HomeMy WebLinkAbout05.a. Review draft Position Paper to adopt (1) a Resolution delegating authority to the General Manager to execute easement acceptances and authorizing staff to record the easement documents with the Contra Costa County Clerk-Recorder, and (2) correspondPage 1 of 18 Item 5.a. CDrrEN1 RAL SAN BOARD OF •' CENTRAL CONTRA COSTA SANITARY DISTRICT POSITION PAPER DRAFT i MEETING DATE: JANUARY3, 2023 SUBJECT: REVIEW DRAFT POSITION PAPER TO ADOPT (1) A RESOLUTION DELEGATING AUTHORITYTO THE GENERAL MANAGER TO EXECUTE EASEMENT ACCEPTANCES AND AUTHORIZING STAFF TO RECORD THE EASEMENT DOCUMENTS WITH THE CONTRA COSTA COUNTY CLERK -RECORDER, AND (2) CORRESPONDING PROPOSED REVISIONS TO BOARD POLICY NO. BP 037 —DELEGATION OF AUTHORITY TO GENERAL MANAGER SUBMITTED BY: STEPHANIE GRONLUND, ASSOCIATE ENGINEER INITIATING DEPARTMENT: ENGINEERING AND TECHNICAL SERVICES- PDS-DEVELOPMENT SERVI CES-MAI NLI NE REVI EW REVIEWED BY: DANA LAWSON, SENIOR ENGINEER DANEA GEMMELL, PLANNING AND DEVELOPMENT SERVICES DIVISION MANAGER ISSUE Changes to the Board of Directors (Board) policies require Board approval. BACKGROUND For sewer or recycled water mainline extensions, Central San reviews improvement plans to verify compliance with the latest edition of Central San's Standard Specifications for Design and Construction. As part of the review and permitting process, the Property Owner/Developer (Applicant) is required to execute an Owner's I mprovement Agreement for Sewer/Recycled Water that obligates the Applicant to provide, at no cost to Central San, the necessary easements related to their proposed public infrastructure (Work). Prior to permit issuance for the Work, Central San verifies that the Applicant has provided land right documents that comply with Central San's Code. Excerpts from District Code Chapter 7.02 Acceptance of Interests in Real Property (Code Chapter 7.02) describing acceptable types of easement documents in favor of Central San are provided in Attachment 1. After acceptance of the work, current practice is Central San staff recommends to the Board to adopt a job -specific resolution to accept the easement(s) as outlined as Code Sections 7.02.030.B.1 and January 3, 2023 Regular ADMIN Committee Meeting Agenda Packet - Page 10 of 252 Page 2 of 18 7.02.050.B.1 as shown as option 1 of Attachment 2 and authorizing staff to record the documents with the Contra Costa County Clerk -Recorder. Staff is recommending using the alternative practice as outlined in Code Sections 7.02.030.B.2 and 7.02.050.B.2 as shown as option 2 of Attachment 2; where execution and recording of a "Certification of Acceptance" by the General Manager will accept the easement(s). The associated Code excerpts from Chapter 7.02 are highlighted in Attachment 2 to differentiate between the current (option 1) and alternate (option 2) practices. To follow the alternate practice, a proposed Resolution (Attachment 3) is required for the Board to delegate authority to the General Manager to execute a "Certificate of Easement Acceptance" (Attachment 4) and to record the documents. Please note that the proposed Resolution retains the Board's sole power to accept, execute and authorize the recording of easement acceptances related to condemnation proceedings or where Central San is obligated to pay for an easement. This authority, with the same limitations, would be in Board Policy (BP) No. 037 — Delegation ofAuthority to General Manager, as shown in Attachment 5 on page 4 with the proposed update. Annually, Central San staff will report the prior year's acceptances to the Real Estate, Environmental and Planning Committee and then the full Board. ALTERNATIVES/CONSIDERATIONS The Board could either (a) choose not to adopt the proposed resolution and revisions to BP 037 or (b) provide some other direction to staff. FINANCIAL IMPACTS Staff anticipates some time savings by adopting the Resolution and revisions to BP 037 which are associated with preparing individual position papers for each job as it is completed and presenting it to the Committee and Board. COMMITTEE RECOMMENDATION The Administration Committee reviewed this matter at its meeting on January 3, 2023 and recommended RECOMMENDED BOARD ACTION Adopt (1) the proposed Resolution delegating authority to the General Manager to execute easement acceptances and authorizing staff to record the easement documents with the Contra Costa County Clerk - Recorder, and (2) corresponding proposed revisions to Board Policy No. BP 037 — Delegation of Authority to General Manager. Strategic Plan re -In GOAL ONE: Customer and Community Strategy 1— Deliver high -quality customer service GOAL SIX: Infrastructure Reliability Strategy 1 - Manage assets optimally January 3, 2023 Regular ADM IN Committee Meeting Agenda Packet - Page 11 of 252 Page 3 of 18 ATTACHMENTS: 1. District Code excerpt on acceptable types of Easement Documents 2. District Code excerpts on Acceptance Process 3. Proposed Resolution 4. Certificate of Easement Acceptance 5. Proposed revisions to BP 037 (strike -through) January 3, 2023 Regular ADM IN Committee Meeting Agenda Packet - Page 12 of 252 Page 4 of 18 ATTACHMENT 1 Chapter 7.02 - ACCEPTANCE OF INTERESTS IN REAL PROPERTY (Acceptable types of easement documents in favor of Central San) 7.02.020 - Irrevocable offers of dedication, requirement of acceptance. A. An offer of dedication ("offer") can be submitted by subdivision map to any local public agency for approval pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or directly to the District by separate instrument. B. An offer can be made for an area partially or completely within the District's boundaries, or for an area which is intended to be annexed to the District pursuant to the development of that subdivision. C. An offer of dedication of an easement or public right-of-way, such as a street, road, trail or path, explicitly or implicitly for sewer/recycled water purposes shall be deemed to be an irrevocable offer of dedication ("irrevocable offer") in favor of the District. The rejection of an offer by any other local public agency shall not affect the irrevocable offer potentially available to the District or the District's right to later accept such offers for sanitary sewer/recycled water purposes. D. Prior to the District issuing a permit for construction, the applicant shall submit documentation conclusively demonstrating that adequate rights -of -way were acquired in favor of the District. This documentation shall be by one or more of the following instruments, on forms acceptable to the District and suitable for recording: 1. Evidence of submittal of a subdivision map, which was favorably reviewed by the District, for approval to the county or city with jurisdiction pursuant to the Subdivision Map Act; 2. Submittal of properly executed irrevocable offers; 3. Submittal of documents reflecting appurtenant rights pursuant to the provisions of Chapter 7.04 of this code; and/or 4. Grants of easement or similar documents. General or specific -case authority to receive and record irrevocable offers may be delegated to the General Manager by resolution of the Board. E. Neither the receipt nor recording by the District of an irrevocable offer nor a property owner's filing of a subdivision map shall constitute acceptance of the offer. January 3, 2023 Regular ADM IN Committee Meeting Agenda Packet - Page 13 of 252 Page 5 of 18 ATTACHMENT 2 Chapter 7.02 - ACCEPTANCE OF INTERESTS IN REAL PROPERTY (Easement Acceptance Process) 7.02.030 - Irrevocable offers of dedication —Acceptance. A. The District may accept any irrevocable offer in its entirety or limited to certain locations within a larger dedication. B. Except those real property interests stated in Chapter 7.01, an irrevocable offer shall be accepted by the District only by either: 1. Adoption and recording of a resolution of the Board; or • I 1 • • • ATRINViIII NJ IA• I • • . 1 I I 7.02.050 - Grants of easement —Acceptance. A. Notwithstanding the rights and prerogatives granted under this chapter, the District reserves to itself the power to acquire grants of easements for sewer/recycled water purposes when, in its discretion, it determines that it is advisable to do so. The grants of easements shall be accepted by the District only by either: 1. Adoption and recording of a resolution of the Board; or • I . I • • • I • • • ••I - • I Current Practice: option 1 Alternate Practice: option 2 January 3, 2023 Regular ADM IN Committee Meeting Agenda Packet - Page 14 of 252 Page 6 of 18 ATTACHMENT 3 RESOLUTION NO. 2023- A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT AUTHORIZING THE GENERAL MANAGER TO EXECUTE EASEMENT ACCEPTANCES AND RECORD THE EASEMENT DOCUMENTS FOR SANITARY SEWER AND RECYCLED WATER PURPOSES NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary District (Central San) as follows: THAT having determined it is an appropriate staff function to accept easements and rights of way for sewer / recycled water that were obtained voluntarily and at no cost to Central San and further defined below: Irrevocable Offers of Dedication as defined pursuant Chapter 7.02 — ACCEPTANCE OF INTERESTS IN REAL PROPERTY of Central San's Code (Code): • Offer of dedication submitted by a Subdivision Map to any local agency for approval pursuant to Subdivision Map Act (California Government Code 66410 et seq.) • Offer of dedication directly to Central San by separate instrument • Offer of dedication of public easement or public right of way that explicitly or implicitly for sewer/ recycled water purpose shall be deemed an irrevocable offer in favor of Central San and the rejection of this public offer shall not affect Central San's rights to accept such offers for sewer/ recycled water purpose 2. Grants of Easement as defined pursuant to Section 7.02.050 — Grants of Easements — Acceptance of Code THAT the Board grants to the General Manager or their designee general authority and power to execute "Certificate of Easement Acceptance" for above defined easements, and record the said Certificate with the appropriate easement documents; and THAT the Board has retained sole power to approve, execute and authorize the recording of easements that were acquired through the condemnation proceedings, or obtained at a cost to Central San; and THAT staff is authorized to record this resolution and appropriate easement documents at the Contra Costa County Clerk -Recorder office. January 3, 2023 Regular ADM IN Committee Meeting Agenda Packet - Page 15 of 252 Page 7 of 18 RESOLUTION NO. 2023- Page 2 of 2 PASSED AND ADOPTED this day of Central San by the following votes: AYES: Members: NOES: Members: ABSENT: Members: COUNTERSIGNED: , 2023 by the Board of Directors of Barbara Hockett President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California Katie Young Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California Approved as to form: Kenton L. Alm, Esq. Counsel for the District January 3, 2023 Regular ADM IN Committee Meeting Agenda Packet - Page 16 of 252 Page 8 of 18 ATTACHMENT 4 CERTIFICATE OF EASEMENT ACCEPTANCE PURSUANT TO RESOLUTION NO. 2023- of the Central Contra Costa Sanitary District (Central San), the following are hereby accepted and authorized for recording with this certificate: ❑ attached Grant(s) of Easement(s) ❑ attached Exhibit A — Offers of Dedications - Easement Acceptance Dated: Danea Gemmell, Division Manager Planning and Development Services Division Engineering and Technical Services Department Central Contra Costa Sanitary District HI January 3, 2023 Regular ADM IN Committee Meeting Agenda Packet - Page 17 of 252 Page 9 of 18 EXHIBIT A OFFERS OF DEDICATIONS EASEMENT ACCEPTANCE By Subdivision Map(s) Job Number: Job Name: ROW Pcl No.: Offered by: Offered toy'): Offer Purpose: Map Name: Filed Date: Filed in: Filed with: Contra Costa County Recorder By Separate Instruments Job Number: ROW Pcl No.: APN(s): Job Name: Offered by: Offered to0): Document Name: Offer Purpose: Recording Info: Recording Date: Recorder with: Contra Costa County Recorder (1) Pursuant to Chapter 7.02 Central San's Code, offers of dedications of public easement or public right of way that are explicitly or implicitly for sewer/recycled water purpose shall be deemed to an irrevocable offer in favor of Central San and the rejection of this public offer shall not affect Central San's rights to accept such offers for sewer/recycled water purpose. January 3, 2023 Regular ADM IN Committee Meeting Agenda Packet - Page 18 of 252 ATTACHMENT 5 Page 10 of 18 Number: BP 037 Authority: Board of Directors Adopted: 8/16/2-018August 16, 2018 Revised: .Tiffsir�fl7.vlAMA Ti�HMMINUli�iruHli�Ul vli :D Reviewed: 06T17/21 10/5i2l January 3 2023 Initiating Dept./Div.: Board of Directors/ Secretary of the District BOARD POLICY DELEGATION OF AUTHORITY TO GENERAL MANAGER ,11:1 WOU14d The proper functioning of the Central Contra Costa Sanitary District ("Central San") requires that the General Manager and his or her staff have adequate authority to carry out both the routine and reoccurring functions as well as the emergency functions of Central San. With the exception of the Board's delegation of authority and limitations on staff authority through the approval and adoption of the Central San Budget as well as Board Policy No. BP 036 — Informal Bidding, this policy consolidates and clarifies the Board's delegation of authority to the General Manager and his or her designee and helps to ensure the efficient operation of Central San. POLICY The General Manager and his or her designee shall have the authority to carry out the functions of Central San as follows: General Authorization The General Manager is authorized to execute all deeds, contracts, warrants, releases, receipts and similar documents for and on behalf of Central San in accordance with California Health and Safety Code §6487, including all documents prepared and circulated as part of the public competitive bidding process. Nothing in this Section 1 is intended to alter or eliminate any other statutory or District Code procedural requirements which may exist. 2. Emergency Powers Pursuant to California Public Contract Code (PCC) §22050(b)(1), the Board has delegated to the General Manager via Resolution No. 2020-002 the authority to order any emergency action pursuant to PCC §22050(a)(1) as follows: January 3, 2023 Regular ADM IN Committee Meeting Agenda Packet - Page 19 of 252 Page 11 of 18 Number: BP 037 DELEGATION OF AUTHORITY TO GENERAL MANAGER Page 2of9 a. Immediate Action in Emergencies. The General Manager has the power to take any directly -related and immediate action required by an emergency, as defined in PCC §1102, and to procure the necessary equipment, services, and supplies for those purposes, when the anticipated expenditures may exceed the lower limit of the threshold requiring bidding for a project under the amount specified by PCC §22032(a) (currently $60,000), without giving notice for bids to let contracts. b. Reporting to the Board. In the event of an emergency, as defined, the General Manager shall report to the Board not later than 7 days after the action, or at its regularly scheduled meeting if that meeting will not occur later than 14 days after the action, the reasons justifying why the emergency will not permit a delay resulting from a competitive solicitation for bids and why the action is necessary to respond to the emergency. C. Regular Review Required. In the event of an emergency, as defined, the Board shall initially review the emergency action as set forth in paragraph b. above, and at least at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four -fifths (4/5) vote, that there is a need to continue the emergency action, unless the General Manager has terminated that action prior to the Board's review of that action. d. Termination of Emergency. Upon its review of the emergency action, the Board shall terminate that action at the earliest possible date that conditions warrant so that the remainder of the emergency action necessitated by the emergency may be completed by giving notice for bids to let contracts. 3. Emergency Operations Plan a. Director of Emergency Services. The General Manager is delegated the authority to appoint a Director of Emergency Services and has the authority set forth in Resolution No. 2020-003, or as set forth in Central San's most recently adopted Emergency Operations Plan resolution or as amended by state law. b. Proclamation of Local Emergency. Under emergency conditions in which immediate action must be taken to protect lives and property, respond to emergencies, and to restore essential services for the public health and safety, the Director of Emergency Services may activate the District's Emergency Operations Plan and proclaim a local emergency. C. Managing Emergency Operations. Upon proclamation of a local emergency, the Director of Emergency Services will direct and manage all emergency operations and make decisions to allocate resources and expend funds as necessary to meet the needs of the emergency. January 3, 2023 Regular ADM IN Committee Meeting Agenda Packet - Page 20 of 252 Page 12 of 18 Number: BP 037 DELEGATION OF AUTHORITY TO GENERAL MANAGER Page 3of9 d. Ratification of Proclamation of Local Emergency. The Board shall meet within seven (7) days of proclamation of the local emergency to ratify the proclamation by resolution and authorize continued emergency operations and recovery actions. e. Duration of Proclamation. The proclamation of local emergency shall remain in effect for fourteen (14) days from the date of ratification, unless terminated or extended by the Board. Modifications to Emergency Operations Plan. The Director of Emergency Services shall be authorized to make modifications to the Emergency Operations Plan and modify practices and procedures to maintain compliance with the California Emergency Services Act (CESA). 4. Use of Small Claims Court The General Manager is authorized to pursue civil remedies against persons or entities in California Small Claims Court, including seeking judgments and any other remedies available within its jurisdiction. 5. Claims Handling a. Reiection of Claims. The General Manager is authorized to act on behalf of the Board pursuant to Government Code §§910, et seq. to reject, return as insufficient, or return as untimely any claims against it, and to provide any notices authorized under those statutes on behalf of Central San. b. Settlement/Payment of Claims. Pursuant to Government Code §935.4 and Resolution No. 2020-004, the Board delegates the authority to the General Manager to allow, compromise or settle claims against Central San not exceeding $50,000, and to authorize payment of any such claims up to the stated limit. The term "claims" excludes District expenses, including emergency response costs, incurred as part of the claims adjusting process. C. Reporting of Settlements. All settlements greater than $25,000 and less than $50,000 will be reported promptly to the Board as informational items at a publicly -noticed Board meeting. 6. Easement Acquisitions, Leasing, and other Real Property a. Acquisition of Easements. The General Manager is authorized to negotiate for grants of easements or offers of dedication and, where required, purchase easements and offers of dedication in favor of Central San. This delegation is limited to easement acquisitions or exchanges in amounts up to $200,000 each when easement acquisitions are included in project January 3, 2023 Regular ADM IN Committee Meeting Agenda Packet - Page 21 of 252 Page 13 of 18 Number: BP 037 DELEGATION OF AUTHORITY TO GENERAL MANAGER Page 4 of 9 budgets. Easement acquisitions or exchanges valued in excess of $200,000 require separate Board action. The General Manager shall also be authorized to prepare the documentation as may be required for recording the property rights with the County Recorder's Office, and to take other such action as may be required to implement the acquisition of said easements and offers of dedication. The General Manager will provide periodic reports to the Board on such purchases and expenditures. .r .r r b. Easement Acceptances. Pursuant to Resolution No. 2023- , the General Manager is authorized to accept, execute, and record with the County Recorder's Office easement acceptances as defined by District Code 7.02. However, the Board has retained the sole power to accept, execute and authorize the recording of easement acceptances related to condemnation proceedings or where Central San is obligated to pay for an easement. C. Riphts of Entry, Encroachment Permits, Licenses, etc. The General Manager is authorized to purchase or otherwise obtain rights of entry and approve restoration agreements, encroachment permits, licenses, real property agreements, and similar documents affecting access to or use of real property deemed necessary or prudent for the carrying out of Central San activities. If recording of any such documents is required to create permanent rights and legal notice with regard to such real property matters, such documents will require Board approval for formal acceptance and authorization to record. The General Manager is authorized to grant rights of entry and approve restoration agreements, encroachment permits, licenses, real property agreements, and similar documents affecting access to or use of Central San's real property if such grant does not unreasonably restrict or impair the carrying out of Central San activities. Ed. Real Property Agreements. Pursuant to Resolution No. 2021-008, the General Manager is authorized to approve, execute, and record with the County Recorder's Office real property agreements intended to address any existing and/or proposed Class One encroachments as well as existing known and unknown Class Two encroachments as defined by District Code 7.15.010. January 3, 2023 Regular ADM IN Committee Meeting Agenda Packet - Page 22 of 252 Page 14 of 18 Number: BP 037 DELEGATION OF AUTHORITY TO GENERAL MANAGER Page 5of9 However, the Board has retained the sole power to approve, execute and authorize the recording of any real property agreements related to new Class Two encroachments, as defined by District Code 7.15.010. Any such proposed new Class Two encroachments shall continue to be presented to the Board for consideration. de. Funding. The General Manager is authorized to fund the purchase of easements, offers of dedication and similar real property -related rights, provided adequate funding is included in Central San's Board -approved Capital Improvement Budget. ef. Lease Agreements. The General Manager, in accordance with the provisions of Chapter 7.08 of the District Code, is authorized to execute agreements relating to the leasing out of Central San property which has been declared by the Board after a public hearing as not needed for Central San's operations for the period covered by the lease term. 7. Joint Powers Agreements a. Board -approved Construction Projects. The General Manager is authorized to execute Joint Powers Agreements and similar cooperative agreements with cities, counties, special districts and other government entities relating to Board -approved construction projects, such as paving or landscaping, where the funds exchanged in the agreement do not exceed $200,000. b. Other Construction Activities. The General Manager, or his or her designee, is authorized to execute Joint Powers Agreements under Board - approved projects designated to exchange funds related to construction activities, such as raising manhole covers, where the funds exchanged in the agreement do not exceed $200,000. 8. Contracts for District Projects Not Exceeding the General Manager Public Works Delegation Limit Pursuant to PCC §22034 (c), the General Manager's Public Works Delegation Limit is $200,000 or the amount of the informal bid limit as established periodically by the State of California through Statute (PCC §22032(b)) related to the Uniform Public Construction Cost Accounting Act (UPCCAA). The General Manager is authorized to take such actions as are statutorily provided to the Awarding Body for contracts for District Projects of not more than the General Manager's Public Works Delegation Limit provided legally appropriate bidding or procurement procedures have been undertaken. See Exhibit A. January 3, 2023 Regular ADM IN Committee Meeting Agenda Packet - Page 23 of 252 Page 15 of 18 Number: BP 037 DELEGATION OF AUTHORITY TO GENERAL MANAGER Page 6of9 9. Professional Consulting, Technical Consulting and Professional Engineering Services Agreements a. New Agreement Authorization Limit. The General Manager is authorized to approve and execute services agreements for Professional Consulting, Technical Consulting and Professional Engineering that do not exceed $200,000 in total cost. b. Agreement Amendments. The General Manager is authorized to amend services agreements for Professional Consulting, Technical Consulting and Professional Engineering as follows: 1) Current Agreement - $2 Million or Less. For agreements with a current amount of $2 million or less, the amendments shall not exceed $100,000. 2) Current Agreement —More than $2 Million. For agreements with an original amount of more than $2 million, the amendments shall not exceed $200,000. 3) Amendments Causing Agreement Total to Exceed $200, 000. Board approval is required to amend any agreement originally signed by the General Manager under this delegation of authority if the initial agreement and amendment(s) combined exceed $200,000. The above limits are cumulative. C. Reportinq Requirement. Any professional consulting agreements entered into by the General Manager between $50,000 and $200,000 will be periodically included in an informational announcement to the Board. See Exhibit A. 10. District Projects and Capital Improvement Program a. Capital Improvement Program Authorization Limits. The General Manager is authorized to expend funds available within the Capital Improvement Budget as set forth and limited by the amounts and other limitations set forth in Exhibit A. b. Change Orders. The General Manager is authorized to approve change orders (cumulatively) up to the construction contract contingency budget determined at time of award on all District Projects, limited by the authorizations defined in Exhibit A. As a guideline, typically the contract contingency shall not exceed 10 percent of the award amount. The percentage may be adjusted to a lower figure for larger projects or may January 3, 2023 Regular ADM IN Committee Meeting Agenda Packet - Page 24 of 252 Page 16 of 18 Number: BP 037 DELEGATION OF AUTHORITY TO GENERAL MANAGER Page 7of9 be increased on projects where special circumstances are present. Such lower or higher contingency amount will be evaluated on a case -by -case basis. C. Increase to Contract Contingency. Board authorization is required to increase the contract contingency budget amount on contracts awarded by the Board after time of award. See Exhibit A. 11. Contracts for Goods and Services a. Limited by Annual Operating Budget. The General Manager and Purchasing and Materials Manager are authorized to award and enter into contracts and purchase orders for goods and services that are not "professional services" or "public works contracts," such as utilities, maintenance services, equipment, chemicals and supplies so long as overall spending does not exceed the Board's annual adopted operating budget, provided purchasing policy and procedures are adhered to. 12. Procurement Cards The General Manager is authorized on behalf of Central San to enter into credit card agreements and administer the credit card program on behalf of Central San. 13. Personnel Actions Otherwise Reserved to Board pursuant to District Code Chapter 4 The General Manager is authorized to take the following personnel actions which are otherwise reserved to the Board pursuant to Chapter 4 of the District Code: a. Adds/Cancels. The addition or deletion of any permanent positions approved in the annual budget (Section 4.04.020 of the District Code). These deletions and additions may not exceed the number of authorized positions and result in an increase in Central San's annual budgeted labor costs. b. Classifications. The establishment of new classifications and assignment of pay grade within the existing salary schedule, as well as any amendments to or the abolition of classification descriptions. These actions may not result in an increase of Central San's annual budgeted labor costs (Sections 4.12.010 and 4.12.040 of the District Code). C. Manager Appointments. The appointment of management -level positions (Section 4.16.070(a) of the District Code). January 3, 2023 Regular ADM IN Committee Meeting Agenda Packet - Page 25 of 252 Page 17 of 18 Number: BP 037 DELEGATION OF AUTHORITY TO GENERAL MANAGER Page 8of9 14. Other Personnel Actions The General Manager is authorized to take the following actions without Board approval: a. Transitional Positions: Authorize up to five (5) General Manager "transitional positions" at any given time for up to 24 months to backfill positions vacated due to an extended leave of absence or as necessary to properly address succession planning. General Manager "transitional positions" are positions not necessarily authorized in the annual budget. The cost associated with these appointments cannot result in an increase in Central San's annual budget. b. Appointments/Disciplinary Actions. Make appointments and promotions, take disciplinary actions and take such other actions as required for the proper operation of Central San, provided such actions are consistent with the then current Central San personnel rules and procedures, Memoranda of Understanding (MOU) and Board Policies. C. Employee Recognition. Grant administrative leave for employee recognition purposes, such as for safety awards or similar special recognitions for undertaking Central San responsibilities outside of the employee's existing job function. The granting of such leave will be evaluated by the General Manager on a case -by -case basis. d. Other Actions. Take any other actions as set forth in the Board approved MOUs with Central San's bargaining units. 15. Records Management Program a. Records Retention Schedules. Pursuant to Resolution No. 2019-051, the General Manager is authorized, in conjunction with District Counsel, to approve all revisions to Central San's Records Retention Schedules involving the following: changes in state law, changes in record keeping practices or operational needs, lengthening of retention periods, and changes determined by District Counsel to be of a ministerial nature. Board approval is required by resolution for changes to the Records Retention Schedules involving the following: shortening of retention periods, and changes determined by District Counsel to be substantive. [Original retained by the Secretary of the District] January 3, 2023 Regular ADM IN Committee Meeting Agenda Packet - Page 26 of 252 Page 18 of 18 Number: BP 037 DELEGATION OF AUTHORITY TO GENERAL MANAGER Page 9 of 9 EXHIBIT A Capital Improvement Program Authorization Limits Action General Manager Board Approve Capital Improvement Plan and Budget None No limit CIPICIB Transfer funds to individual project budgets $500,000 or less Greater than $500,000 Professional Consulting Services Enter into Agreements $200,000 or less Greater than $200,000 Technical Consulting Services Professional Engineering Services Amend Agreements <_ $2 million $100,000 or less 2 Greater than $100,000 Amend Agreements Amend Agreements > $2 million $200,000 or less 2 Greater than $200,000 Transfer funds from CIB contingency account to $200,000* or less per Greater than $200,000* projects not included in the CIB project 3 Authorize purchase of individual equipment Not to exceed the limit of the No limit items Equipment Budget Authorize supplemental funds to program budgets None No limit and contingency account Award construction contracts 4 $200,000* or less Greater than $200,000* Additive $200,000* or less Greater than $200,000* Authorize Construction No limit; if greater than $200,000, Change Orders Deductive informational announcement to Not applicable Board Authorize subcontractor substitutions All substitutions unless protested Substitutions protested by by subcontractor subcontractor Accept construction projects All projects Informational announcement to Board Close out projects All projects Memo provided to Board at fiscal yearend Acquire easements $200,000 or less Greater than $200,000 Limited by the remaining balances of the applicable program and contingency account. 2 This limit is cumulative. 3 Limited by the remaining balance of the applicable contingency account. 4 Bid protests and rejection of all bids must go to Board with the exception of those under $200,000 and which fall under the provisions of the Uniform Public Construction Cost Accounting Act (UPCCAA) (California Public Contract Code §§22042 and 22042.5). * These limits shall be raised concurrently with changes to the UPCCAA (California Public Contract Code §22032(a), representing the threshold above which formal bidding is required. January 3, 2023 Regular ADM IN Committee Meeting Agenda Packet - Page 27 of 252