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HomeMy WebLinkAboutMINUTES - 01011983 - R M3 IN 2 ONT..RA 1 OUNP( OF THE CLE OF BOARD OF 5 t UPIRVISORS DURING DEVELOPING OF THIS MICROFILM IT WAS DISCOVERED THAT DOCUMENTS 200 THROUGH 248 WERE DAMAGED DURING THE FILMING PROCESS AND WERE UNREADABLE . THE AFOREMENTIONED DOCUMENTS HAVE BEEN REFILMED AND SPLICED ONTO THE REEL BELOW. TME BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 22, 1983 , by the following vote: AYES: Supervisors Powers, Fanden, McPeak, Torlakson and Schroder NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 83/466 SUBJECT: Designation of Applicant's Agent for Ffl ing for Disaster Relief THE BOARD OF BE IT RESOLVED BY SUPERVISORS OF CONTRA COSTA COUNTY (Gove Body) fPu ' E ti Maurice E . MitcheTff Assistant Pub libc orKi rector THAT Milton F. Kubicek � Deputy Director, Operations & Flood Control * (Name of Incumbent) OR (Official Position) Cecil L. Williams Governor's Authorized Representative, * (Name of Incumbent) is hereby authorized to execute for and in behalf of Contra Costa County ,a public entity established under the laws of the State of California this application and to file it in the appropriate State office for the purpose of obtaining certain Federal financial assistance under the Disaster Relief Act(Public Law 288, 93rd Congress) or otherwise available from the President's Disaster Relief Fund. THAT Contra Costa County a public entity established under the laws of the State of California , hereby authorizes its agent to provide to the State and to the Federal Emergency Management Agency (FEMA) for all matters pertaining to such Federal disaster assistance the assurances and agreements printed on Exhibit "A" attached hereto. Passed and approved this 22nd day of March 919 83 (Name and Title) (Name and Tale) (Name and Tale) CERTIFICATION County Clerk and ex officio Clerk Iti J. R. OLSSON ,duly appointed and of the Board of Supervisors of (Vile) Contra Costa County ,do hereby certify that the above is a true and correct copy of a resolution passed and approved by the Rnard of S uoprvi cors of Contra Costa County (Governing Body). (Public Entity) on the 22nd day of March , 19 83 Date: March 22, 1983 Deputy Clerk t/ (Official Position) ign re) *N&me of incumbent need not be provided in those cases vitae the dovernine body of the public entity dewes to autnonze an"y incumbent of the dcugnated official poutton to represent it. i her+sby COMP that this is a true and correct copy of FEMA Form 9463.MAR al �'!2�0:':tale sled entered On the minutes Of {t1@ Originator: Public Works Department Dowd Of SUPOMISOM on the date shown. cc: County Administrator Public Works Director ATTESTED: - .2;2. Design and Construction Division J.R. OLSSON, COUNTY CLERK Office of Emergency Services and ex officio Clerk of the Board PW Accounting 2 0 0y , Deputy RFSni HTION NO. 83/466 r EXHIBIT "Hit APPLICANT ASSURANCES The Applicant hereby assures and certifies that he will comply with the FEMA r+agulations,policies-guldaliaes,and requbentents including OMB's Circulus No.A-95 and A-102,and FMC 74-4,as they relate to the applicsaon.acceptance cad use of Federal funds for this Federally- assisted project. Also.the Applicant give asaiaaa *and certifies with respect to and as a condition for the grant that- 1. It possesses legal authority to apply for the pant.and to finance 16. It will Comply with the pravasiotn of the Hatch Act which limit and construct the proposed facilities;that a resolution,motion or the PODU W activity of employes. similar action has been duly adopted or passed es an official act of the applicant's governing body, authorising the filing of the IS. TL will amply with the minimum wet: abd maximum boars application.including all understandinga and assursacas contained one of the Federal Fair Labor Standards Act,as they apply to therein,and du'acunt and authorising the person identified es the ospital and educational institution employes of Stats and official representative of the applicant to act in connection wrap kecal governmea a. the application and to provide such additional information as may be required. 27. (To the bast of his knowledge and belief)the disaster relief work described on eaeb Federal Emergency Management Agef7G'y 2. It will amply with the provis)oaa of- E`xwutive Order 21988. (FEMA) Project Application for which Federal Financial air relating to Floodplain Management and Useuuve Order 11990, ais"pes is requested is eligible in accordance with the criteria relating to Protection of Wetlands. contained in 44 Code of Federal Regulations, Part 505. and applicable FEMA Handbooks. 3. It will be" sufficient funds available to meet the we Federal share of the cost for construction projects, fiufficient funds will 2a. which em Federal to dieasser *relief work therein d 'bed for be available when construction is Completed to assure effective which Federal Assistance Y requested same to does not or operation and maintenance of the facility for the Purpose will not duplicate benefits rrcaived for the acme toss from constrycted another source. 4. It weal not enter into a Consttuctioe Cartracs{s)for the project or 29. U will (2) provide without Cost to the United States all lands. undertake other activities until the conditions of the pant pro- easements and right"t-way necesaary for accomplishment of the gram(*)have been Peat. approved work; (2) bold and save the United Sates free from damages due to the approved work or Federal funding. b. It will provide and maintain competent and adequate airchitectur- engineering supervision and inspection at the construction Site 20. 'ibis assurance is given in consideration of and for the Put PON of to insure that the completed work conforms with the approved obtaining any and all Federal pants.loans.reimbursements.ad- plans and epacificstions;that it will furnlah propos reports and senses. contract.. property. discounts of other Federal rumocial such other information as the Federal grantor rgetrcy may assistance extended after the date bersof to the Applicant by FEMA, that curb Federal Financial assistance will be extended in 6. It will operate and maintain the facility to accordance with the reliance on the representations and atcreements made in this W- minimum standards as may be required or preacrtbed by the nuance and that the United Stasis snail have the right to seek applicable Federal. State and local agencies for the mainteas ice Judicial enforcement of this assurance. This assurance to binding and operation of such facilities, on the applicant,its successors,transferee.and ssigries.and the person or persons whose signatures appear an the reverse as au- 7. It will give the grantor agency and the Comptroller Geatnl, thonxed to sign this seemace on behalf of the applicant. through any authorised representative,access to and the right to examine all records, books,papers.or documents related to the 21. It will comply with the flood insurance purchase requirements of pent. Section 202(a) of the Flood Disaster Protection Act of 1973. Public Law 93-234. 87 Stat. 975.approved December 31. 1973. 8. It will require the facility to be designed to comply with the Section 102(s)requires,on and after March 2.2975.the purchase "American Standard Specifications for Making Building and of flood insurance in communities where much insurance is Facilities Accessible to, and Usable by the Physically Hand's- available as a condition for the receipt of any Federal financial capped," Number A117.1-1961, as modified (41 CFR 101.17- assistance for construction or acquisition purposes for use in any 70311 7b* applicant will be responsible for conducting in- arca that has been identified by the Director.Federal Emergency specuons to insure compliance with these specifications by Idarsagemrnt Agency as an area having special flood hazards 7be the contractor. phrase "Federal financial assistance" includes any form of loan, grant, guaranty. insurance payment, rebate. subsidy. disaster 9. It will Cause work on the project to be commenced within a assistance loan or grant, or any other fain of direct or indirect ressoasolc unto after receipt of notification from the approving Federal assistsane. Federal agency that funds have been approved and will we that work on the project will be prosecuted to completion with 22. It will empty with the insurance requirements of Section 314, reasonable diligence. PL 93.288.to obtain and maintain any other tnsurance a may be reasonable,adequate,and necessary to protect again"further loss 20. It will not dispose of or encumber Ite title of other Interst&:a to any property which was replaced.restated.repaired,or coa- the site and facilities during the period of Federal interest or strucurd with this assistance. while the Government holds bonds, whichever is the imager. 33. It will defer funding of any projects involving flexible loading 11. It agrees to , ply with Section 312. F.L 95.288 and with until FEMA makes a favorable environmental clearance. If this Title VI of the Civil Rights Act of 1964 (P.L 83-362) and in b required. accordance with Mt1e VI of the Act. no person to the United u. It will assist the Federal grantor agency In Its compliance with States shall. on the ground of race,color,or national origin, be Section I06 of the National Historic Preservation Act of 2966. excluded from participation in. be denied the benefits of, or be as amended, (26 U.S-C 4701 Executive Order 12593, and the otherwise subjected to discrimination under any program or Archeological and Historic Reservation Act of 1966 (16 U.S.C. activity for which the applicant receives Federal financial err 469*-1 et leq.) by (a)consulting with the State Historic Peeser sistance and will immediately take any measures necessary to vation Officer on the conduct of investigations„ as sec um7. effectuate this agreement. U any real property or structure is to identify properties listed in or eligible for inclusion in the provided or improved with the aid of Federal financial sasst- National Register Historic once extended to the Applicant,this assurance shobligate the r oplies slut are object to adverse all Ktecta tree 36 CFR Par 809.81 by the eetivity, and notifying Applicant, or in the case of any.transfer of such property. any the Federalthr agency of the existence trsferee, for the period during which the real property or Use. and by (b) om eptY ng with all requirements establishedof any such � anby structure is used for a purpose for which the Federal Muncie) the Federal assistance u extended or for another purpose involving the grantor agency to avoid or mitigate adverair effects aeon such Prol1eltiee Provision of similar aervacse or bsnefita. 22. It will establish safeguards to prohibit employes tram taring 25. It will. for any repair or construction financed herewith,comply their positions for a purpose that is or gives the appearance of with applicable standards of safety. decency and sarti"ation and beta[ motivated by a Seise for printf gain for themselves Of in Conformity with applicable codes, specifications and stan- dards: and. will evaluate the natural baxards in areas in which other%, particularly those with whore %bey bin family.business. the proceeds of the grant or loan are to be used and tales ap- or other use. propnatt action to mrtigste such hazards, including sate land 13. it will comply with the requirements of 'fills n and 'Rule III of ase and construction practices. the Uniform Relocation Asaistame and Roel Property Acqui- sitions Act of 1970 (P.L 91-6461 which provides for fair and equitable treatment of persons displaced me a result of Federal and Federali assuud STATE ASSURANCES Y' programa. 14. It will comply with all requirements imposed by the Federal grantor agency concerning special requtrements of law, program The State agrees to take ant necessary action within State capabilities requirements, ono other sominutrative requirements approved in to require comalunce with that assurances and agreements by the accordance with OMB Cirrulsr A-102.P.L 93.268 as amended. applicant or to assume responsibility to the Federal government for and applicable Federal Regulation&. any deficiencies not resolved to the satisfaction of the Regional Director. 201 RESOLUTION NO. 83/466 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 22, 1983 by the following vote: AYES: Supervisors Powers, Fanden, McPeak, Torlakson and Schroder NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.83/467 SUBJECT: Designation of Applicant' s Agent for Filing for Disaster Relief THE BOARD OF BE IT RESOLVED BY SUPERVISORS OF CONTRA COSTA COUNTY (Governing Body) _ (Public Entity) THAT Milton F. Kubicek Deputy Director, Operations & Flood Control * (Name of Incumbent) (Official Position) Cecil L. Williams O * (Name of Incumbent) Governor's Authorized Representative, is hereby authorized to execute for and in behalf of Contra Costa County Flood Control and Water Conservation District ,a public entity established under the laws of the State of California this application and to file it in the appropriate State office for the purpose of obtaining certain Federal financial assistance under the Disaster Relief Act (Public Law 288, 93rd Congress) or otherwise available from the President's Disaster Relief Fund. Contra Costa County Flood Control and THAT Water Conservation District , a public entity established under the laws of the State of _California , hereby authorizes its agent to provide to the State and to the Federal Emergency Management Agency (FEMA) for all matters Dertaindng to such Federal disaster assistance the assurances and agreements printed on Exhibit "A" attached hereto. Passed and approved this 22nd day of March ' 19 83 (Name and Title) (Name and Title) (Name and Title) CERTIFICATION County Clerk and ex officio Clerk L J. R. OLSSON ,duly appointed and Of the Board of Supervisors of (Title) _Contra Costa County ,do hereby certify that the above is a true and correct copy of a resolution passed and approved by the Board of Supervisors of Contra Costa County as the `Governing Body. of the (Public Entity) Contra Costa County Flood Control and tater Conservation District on the 22nd day of March , 19 83 Date: March 22, 1983 Deputy Clerk A Qa� (Official Position) �S4nc&Lre) 'Rene vt incumbent need not be provided in those cases%*ere the dovernine body of the public entity desires to aurnorise any incumbent of the designated official positron to represent it. !hereby certify that this is a tnrs and correct copy of FEMA Foran 9043,MAR Bl AM action taken and entered on the minutes of the Board of Supervisors on the date shown. cc: Public Works ATTESTED: Office of Emergency Services J.R. OLSSON, CO'L NTY CLERK County Administrator and ex officio Cieri; of the LG:-;,d 202 8ya - , Deputy RFc,n] LITTnN Nn 81/467 f EXHIBIT "Ail APPLICANT ASSURANCES The Applicant hereby asurs and eartiftes that he will comply with the FEMA rslulaticink policies.N(delina.and requiremeaa including OMB's Circulan No.A-96 and A-102,and FMC 74.4,as they relate to the application.acceptance and use of Federal funds for this Federally- assisted ederallyassisted project. Also,the Applicant gives assurance had t citifies with respect to and as a condition,for the grant that. A. It paswileft legal authority to apply for the grant,and to fiasoce 16. it will comply with ebe provisioor of the Hatch Act which limit and construct the proposed facilities;that a resolution,motion or the poutical activity of employees, similar action has been duly adopted or passed as an official sct of the appheant'a governing body, authoruttsg the filing of the 1L It wW comply with the mirtimum wage abd v..fimum hours application,including all understandings and assurances eontained peveroona of the Federal Fair Labor Standards Act,se they apply to therein,and directing and authorizing the person identified a the bospital and educational institution employees of State sero official representative of Lbe appbcant to Set In connection with local goverumaota the application sad to provide such additional taforoution as Way be required. 17. (To the best of kL knowledge and belief)the disaster relief work deecrobord on ese:h Federal Emergency Management Agency 2. It Will comply with the provaioas of: Itzscuttee Order, 11088, (FEMA) Project Application for which Federal Financial mr Mating to Floodplain Maaagsment and I=ecuuve order 1199o. aietaacv is requestad in eligible in accordance with the esuns ""ting to Protection of Weutada, ecntamed to 44 Code of Federal Regulations, Fart 205. and 3. it will have sufficient Reads evallable to deet the eoo•Tederal appitcsbior TEMA Handbooks. share of the Beat for construction projects. Sufficlent funds will 1L 71be emerworacy or disaster relief work therein tlaseribad for be available when eoattsucuon a completed to arAm effective which Federal Aasrtaaev h tequerted hereunder does sot or operation and moiateaaoee of the facility for the purpose will not duplicate besefita received for the aame Ions from constructed. another sonree. 4. It wr11 not ental into a caustmetlon eontrucUe)for the project or 19. It .till (1) provide wtUicut sou to the United States all lands. undertake other activities until the conditions of the grant poo- easements and nght,"t•way necessary for-P F-I Mpitahment of the gram(#Ihave been met. appro..d wort. (2) bold and am" the United 6tata !zee flom b. It will provide and tnaiatain competent and adequate achitectur- his due to the apprvvad work or Federal toadog. al engineering aupernsion and inspection at the ecastrucuon luta 3& Ibis bo aaee s gtvea in 4omaderstice of had for the purpose of to insure that the completed work conforms with the appaevved ebtainiag any and all Federal tants.{Dana.re>imbursemena,ad- Plans and speci5ciouci .that It will turniah pnWes repom aid V&W%L coaovc-a, property, docounte of ocher Federal fiaascial such other mformauon es the Federal gtasium Macy may ss,ataate e:treded atter the date hereof to the Applitast by 7104 A. teat sueb Federal Financial assistance will be asteoded in 6. It will operate and maintain the facility is emeordamor with the reLaace ora the reposeeatattooa and atraeeiena made In this err nummum standards as may be required or peemertbed by the suraro a and that the United States snail have the nOt to seek aPpl+cabie Federal. State and local agencies for the asasaseaaac* Indscial eMo ee ment of the assurance. This assurance is biaduig and operation of such facaAM , ere the av*K*nt.w successors.trtt:isterw.and assgneas.and We T. It wiII give the pawn or prewos wbose signatures appear on the reverse r au- O grantor agency and the Comptroller Geaefal, thon*ed to awn ibis aawuaace ora behalf of the appl,esnt. through any suthotued representative. aeons to too the tight to asamtae all rvcorda, book+.pa,Pera,of documSnta related to the 21. It will comply it ply wh the flood insurance purchase regssreraesta of manL Section 10'is) of the Flood Diaster Protection Act of 1973, Public Law 93-234, 87 SteL 975.approved December 31. 1973. S. It will require the facility to be designed to comply with the (lection 102(x)nputna,oa and after!larch 2.1976.the purchase American Standard 6peeofseatio2s fof Bating BeadIngs and of food iesurante in communities where web iastuafms Is Facilities Accarsible to. and Usable by the Physically Hand, available as a eoaditroe for the receipt of any Federal Aaancul capped.- Number A117.1-1941, w taodefied (41 CFR 101.17- asiNance for construction or aeguissuon purposes for use its any 70311, pp( The atcant will be respooarbie for eoadwettbg ter- ares that has bees idenufsfd by the Director,Federal Ewergeocy spect,ons to Insure eomp4aaee with these specifications by Manastinent Ajency as an area having speeud flood bazards 7b* tbf toatrxtor, phrase 'Federal financssi asisance"includes any form of toast, grant• guaranty. insurance Paywient, rebate. subsidy. disaster I. it will cause work ou the prorect to be koesisserieed within a assistance loan or gran:. or any other form of direct or=duvet evesooswit tine after receipt of houfsestson from the approving Federal MW&%atice. Federa: agency that funds bave teen approved and will we that work on the project will be proaectuad to eompieuae with 22. It will comply with the insurance requirements of Section 314. reooaahie 4dogence. FL 93.288,to obtain and maintain any other trouance as may be reasonable.adequate,and necessary to protect against further Ides 10. It will not depose of of eacumber,its title of other lataresta is to any property which was replaced,restored*repaired,or the ate and facilstses during We period of Federal interest of st racwd with this asauitaace. whiif the Government holds boacia, wha--berm a the Iooget. Il. It 23. It will defer tandmg of any projects involving flexible funding agree to ec=PtY with Section 311. P.L 93.21111 and With satil FEMA tastes a favorable envu=omenial clearance, if this 711Lie V1 of the Civil Ratits Act of 1964 ML 83-3621 and in Is repaired, aetpedance with Title V1 of the Act, ac person In the United hltates shall. on the ground of race,color,at national origin, be 24. It will most the Federal grantor agawy in Its compliance with excluded from participation tn, lee denied the bemeftu of.or be Section 106 of the National Historic Preservatice Act of 1%6, 404b"900e subsected to disenote atioa under any program or as amended, (16 U.&C 4701 Executive Order 11593, and the setiv ty tot which the applicant renes Federal ftaanaW err Archeological and Histone Preservation Act of 1966 (18 U.S.C. aistanev and will immedtateiy take any seyurva seceeaWT to 469*-1 it 4q.) by (a)eonmlt►ng with the taste Historic homer etfeetuate this agreement, U any real property or aarecture is eatson Ofnleef on the conduct of inveatigatiois, w nec ngry. peonded or unproved wide the std of Federal fisaacts) assn- to identify Pr'opertuS Usted in or eligible for inclusion io the loom extended to the Applicant, this asurancv shall, oblogate the National K"uter of Historic dicers that are subjset to adverse Applicant. or In the cam of any transfer of ascii property.say effects (gee 36 CFR Part 800.8) by the activity. and notifying ttansferev. for the period during which the real property or tbt Federal grantor agency of the existence of any such proper shrteture is used for a Purpose for wbreb the Federal financial Wer• and by (b) complying with all requirtments ewbliabed by assistance a extruded or tot anitber, purpose lsvolvusg the Y� � 'agency to avoid w nattigate adverse off@= provision of similar servicer or bawfoa. such 12. it will esabbah saffgaw& In peobibit empioyess from using 26. It will. for any rfpWn or eoolitruetion nnaaced herewith,comply their poasuons for a purpose that 4 or gives the appew%M*of with applicable standards of aaffty, decency and sanitation and being motivated by a desire tee pttvait gain for themselves or is conformity with &1596"ble Codec. sPeesfieations and stan- otbera. ParttculArly those with rebore they have family.buamaw dards. and. will evaluate She natural hazards in areas in which or other toes. the P*oc—da of the grant or ban are to be used and take ap- propriate action to mitigate such hazards, including mail land 13 It will comply with the regns"a"ats of Title II and TStie III of use rano construction practtcae- the Vitilorrn Relocation Amatanee and Rea! Property Aequo, sotrons Art of 1970 IP.L 91.6461 which provides for fair and equitable treatment of peteom drpiw*d es a result of Federal .rid Federallyassawd programs, STATE ASSURANCES 14 It will comply sari all requirements hmttctsed by the Federal grantor agency concerning special "norrnenu of law, ptormin The State agrees to take any necessary action within fate capabilities requirernenn• tad other sdminaatrative requirn 288 m amended. d. to require compliance with these assurances and avvefoenu by the accordance wart OMB Circular A•102, P.L. 93-288 r aasenMd, applicarit of in assfor responsibility to the Federal government f had applicable Federal kegiilataoes_ any deficiencies not re*olved to the satisfaction, of the Regional Director. 203 RESOLUTION 83/467 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 2 2 , 19 8 3 _ , by the following vote: AYES: Supervisors Fanden , McPeak , Torlakson and Schroder NOES: None ABSENT: Supervisor Powers ABSTAIN: None SUBJECT: Resolution and Notice of Intention to Convey Real Property to the Concord Redevelopment Agency , Assessor 's Parcel 126-101-013 Concord Area , Project 0077-6G5525 RESOLUTION 83/468 Gov. Code Sec. 25365) The Board of Supervisors of Contra Costa County RESOLVES THAT : This Board intends to convey to the Concord Redevelopment Agency, County owned real property described in the attached Notice for $270 ,000 in accordance with the terms and conditions of the Right of Way Contract on file in the Public Works Department . The property is not required for County use and the sale price is the market value of said property. The Board hereby sets Tuesday , April 12 , 1983 at 10 : 30 a.m, in the Board 's Chambers in the County Administration Building , Martinez , California , as the time and place it will meet to consumate this conveyance by a four-fifths vote. The Clerk of this Board is hereby DIRECTED to have the attached Notice published one time , at least one week prior to the date set for hearing , in the CONTRA COSTA TIMES , a newspaper of general circulation (pursuant to Government Code Section 6061) . The City of Concord has advised that the project conforms to the City 's General Plan and that the City , as lead agency, has complied with Environmental Impact Report requirements governing this transaction . 1 hereby certify that this Is a true and Correct copy of an action taken and entered on the minutes of the Board of Supervis�o�rs on the date shovm. ATTESTED: _�V10"(- as 1� J.R. OLSSON, COUNTY CLERK and a fficio Clerk of the Boar By , • Deputy Orig. Dept.: Dept Public Works (RP) cc: County Administrator Audit-Controller Assessor ' s Office City of Concord P .W. Accounting RESOLUTION 83/ 468 204 NOTICE OF INTENTION TO CONVEY REAL PROPERTY NOTICE IS HEREBY GIVEN that the Board of Supervisors of Contra Costa County , State of California , has on March 22 , 1983 , in regular meeting , declared its intention to convey to the Concord Redevelopment Agency , all that real property . described in the deed to Contra Costa County recorded June 9 , 1978 in Book 8873 at page 84 , records of Contra Costa County , said property being located at 1600 Galindo Street , Concord. NOTICE IS FURTHER GIVEN that it is proposed to convey said property to the Concord Redevelopment Agency for $270 ,000 . 00 . That on Tuesday , April 12 , 1983 at 10 : 30 a.m. , in the Board' s Chambers , County Administration Building , Martinez , California , the Board will meet to make such conveyance by a four-fifths vote . J . R. OLSSON County Clerk and ex-officio Clerk of the Board of Supervisors Date : March 22 , 1983 Contra Costa County , California By : a 1 Deputy Z`ler c 20o THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 22, 1983 , by the following note: AYES: Supervisors Fanden, McPeak, Torlakson, Schroder NOES: None ABSENT: Supervisor Powers ABSTAIN: None SUBJECT: Appointment of Ambassadors to Taichung County, Taiwan, Resolution No. 83/487 Republic of China WHEREAS Taichung County, Taiwan, Republic of China and Contra Costa County, State of California, United States of America have entered into a sister county relationship; and WHEREAS the Anita Lee Mixson Taiwan Cultural Exchange Group have been invited by the Taiwan Government to present ten concerts throughout the Republic of China during the second week of April , 1983; and WHEREAS said Cultural Exchange Group and the Contra Costa County Office of Protocol are coordinating itineraries for this exchange; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Contra Costa County, State of California , hereby APPOINTS Supervisor and Mrs . Robert I . Schroder, Supervisor and Mrs . Thomas Powers , Mr. and Mrs . Emil Accornero , Mr. and Mrs . Floyd Hosmer, Mr. and Mrs . Michael Walford, Mr. and Mrs . Fisk Phelps , Mr. and Mrs . Alfred Lomeli and Mr. and Mrs. Jackson Eaves as official Ambassadors to represent the Board during this cultural event. 1 hereby certify that thIS Is a true and correctcopyof an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: 2� :EL l f�-3 J.R. OLSSON, COUNTY CLERK -and ex officio Clerk of the Board BY G�-E=1� e-��- Deputy Orig. Dept.: ce: Supervisor Schroder County Administrator County Counsel RESOLUTION NO. 83/487 200 C. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 22 , 1983 , by the following vote: AYES: Supervisors Fanden, McPeak , Torlakson a:,d Schroder NOES: None ABSENT: Supervisor Powers ABSTAIN: None SUBJECT: A Plea against Nuclear War IT IS BY THE BOARD ORDERED that Supervisor Nancy Fanden is AUTHORIZED to transmit the following prayer to The Council of Churches , 404 Gregory Lane , Pleasant Hill , CA 94523 : "Creator of heaven and earth hear my plea. "Save our precious world from nuclear annihilation. "Educate each human being to the extent of nuclear holocaust . "Awaken in my heart my responsibility to your Divine Kingdom. "I am your steward. Help me reaffirm my love for every atom of life . "I will speak out in a strong voice against nuclear proliferation without shame . "Give me the courage and strength to do so . "The Power belongs to you. "The Glory belongs to you. "The Kingdom belongs to you. AMEN. " I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of supervicors on the date shown. ATTESTED. Me_4.tjk as ` 1q 87S J.A. OLSSON, COUNTY CLERK and ex o -clo Clerk of the Board By > > , Deputy Orig. Dept.: Clerk of the Board cc: County Administrator 20 ,7 THE BOARD OF COMMISSIONERS , HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA Adopted this Order on March 22 , 198 3 by the following vote: AYES: Commissioners Powers , Fanden , McPeak, Torlakson, and McPeak. NOES: None . ABSENT: None. ABSTAIN: None. SUBJECT: CONVENTIONAL BUDGET 1982-83, CAL 11-10 , BAYO VISTA, RODEO RE-ROOFING WORK The Board of Commissioners having received and reviewed a report from the Executive Director of the Housing Authority of the County of Contra Costa , which contained the Abstract of Bids and other documents pertaining to Conventional Budget 1982-83 Re-roofing at CAL 11-10, Bayo Vista , Rodeo: IT IS BY THE BOARD ORDERED that Conventional Budget 1982-83, CAL 11-10, Bayo Vista , Rodeo re-roofing work be awarded to the lowest responsible bidder, Valley Roofing , for Base Bid 1#5 in the amount of $174 ,290.00 , and referred to. the Department of Housing and Urban Development for approval . cc : Housing Authority of the County of Contra Costa Contra Costa County Counsel Contra Costa County Administrator 208 w • HOUSING AUTHORITY Cw IMIC COUNTY OF CONTRA COSTA ]1]7 ESTUOILLO STREET P.O. DOX 2396 (41S) 225-5130 MARTINEZ. CALIFORNIA 94351 CERTIFICATE I , Perfecto Villarreal , the duly appointed, qualified and acting Secretary/Treasurer - Executive Director of the Housing Authority of the County of Contra Costa, do hereby certify that the attached extract from the Minutes of the Regular Session of the Board of Commissioners of said Authority, held on arch 220 i 9 R 3 is a true and correct copy of the original Minutes of said meeting on file and of record insofar as said original Minutes relate to the matters set forth in said attached extract. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said Authority this 22ndday of Mach ,, 19R3 _. (SEAL) erfe o Villarreal , Secretary 208-jt-82 209 THE BOARD OF COMMISSIONERS, HOUSING AUTHORITY OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 22 , 1983 , by the following vote. AYES Commissioners Powers, Fanden, McPeak, Torlakson & Schroder. NOES None. ABSENT None. ABSTAIN None. SUBJECT: ) 1982-83 Compensation for Housing ) Authority Employees Represented ) by Contra Costa County Employees ) Resolution No. 3399 Association, Local No. 1 ) } The Board of Commissioners, Housing Authority of the County of Contra Costa RESOLVES THAT: 1 ) On March 22, 1983 , the Employee Relations Officer submitted a Memorandum of Understanding entered into with Contra Costa County Employees Association, Local No. 1 and the employees of the Contra Costa County Housing Authority, a unit represented by Local 1 . 2) This Board having thoroughly considered said Memorandum of Understanding, the same is approved. 3) The Memorandum of Understanding referred to above is attahced hereto and incorporated herein by reference as though full set forth herein and hereby made applicable to the employees of the Contra Costa County Housing Authority. 4) If an Ordinance(s) is required to implement any provision of said Memorandum of Understanding, the Board shall enact said Ordinance(s) . THIS RESOLUTION is effective as of July 1 , 1982. Orig: Personnel County Administrator County Counsel Auditor-Controller Housing Authority Contra Costa County Employees Association, Local No. 1 I.E.D.A. 210 Resolution No. 3399 HOUSING AUTHORITY or Tas COUNTY OF CONTRA COSTA 3133 ESTUCILLO STREET P.C. BOX 2394 (413) 221-5330 MARTINEZ. CALIFORNIA 94553 CERTIFICATE I , Perfecto Villarreal , the duly appointed, qualified and acting Secretary/Treasurer - Executive Director of the Housing Authority of the County of Contra Costa, do hereby certify that the attached extract from the Minutes of the Regular Session of the Board of Commissioners of said Authority, held on rMarch 22 , 1983 , is a true and correct copy of the original Minutes of said meeting on file and of record insofar as said original Minutes relate to the matters set forth in said attached extract. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said Authority this 22nd day of March, 1983 _. (SEAL) ere o i larrea Secretary 208-jt-82 211 Resolution No. 3399 r MEMORANDUM OF UNDERSTANDING BETWEEN THE CONTRA COSTA COUNTY HOUSING AUTHORITY AND PUBLIC EMPLOYEES UNION, LOCAL NO. 1 fr'1�� inl Lnh, il'F1'q 17 RRe s. No. 3399 212 INDEX MEMORANDUM OF UNDERSTANDING BETWEEN THE CONTRA COSTA COUNTY HOUSING AUTHORITY AND PUBLIC EMPLOYEES UNION, LOCAL NO. 1 SECTION # DESCRIPTION PAGE # 1 Recognition 1 2 Organizational Security 1 3 No Discrimination 2 4 Union Representation 2 5 Seniority and Layoff 3 6 Holidays 4 7 Vacation Allowances 5 8 Paid Sick Leave 7 9 Jury Duty and Official Appearance 7 10 Leaves 8 11 Restoration of Service Credits 8 12 Rest and Clean-Up Periods 9 13 Probation 9 14 Days and Hours of Work 10 15 Safety 11 16 Wages and Classifications 11 17 Employment 12 18 Health Plan 12 19 Mileage 13 20 Retirement 13 21 Grievance Procedure 13 22 Disciplinary Actions 16 23 Transfer and Job Postings 17 24 Personnel Files 18 25 Evaluation 19 26 Working Out Of Classification 19 27 Promotions 20 28 Voluntary Demotions 20 29 Bilingual Pay 21 30 Saving Clause 21 31 Term f I�r�1 ( ��nl 21 .! Res. No. 3399 213 PREAMBLE This Memorandum of Understanding is made and entered into by and between the governing body of the Housing Authority of the County of Contra Costa (hereinafter called "Employer") and the Public Employees Union, Local #1 (hereinafter called Local W . The Employer is a public body, corporate and politic, organized and existing under and pursuant to the laws of the State of California . As such, the Employer must comply with all applicable laws of the United States and the State of California, including provisions of the Meyers-Milias-Brown Act, and all administrative regulations promulgated by the Department of Housing and Urban Development (hereinafter referred to as "HUD") , pursuant to the Annual Contributions and Administration Contract between it and the Employer. Section 1 . Recognition 1 .01 !.ocal #1 is hereby recognized as the exclusive representative for all employees in the job classifications hereafter set forth at its facilities. The term "employee" as used in this Memorandum of Understanding, unless it is clearly indicated otherwise, shall be deemed to mean only those employees who are included in the bargaining unit hereinafter set forth in Exhibit A of this Memorandum of Understanding. Section 2. Organizational Security 2.01 Local #1 shall have the sole and exclusive right to have membership dues, initiation fees voted by its membership deducted for employees in the bargaining unit by the Employer. The Employer shall , upon appropriate written authorization from any employee in the bargaining unit, deduct and make appropriate remittances for dues and initiation fees, or other plans or programs jointly approved by Local #1 and the Employer. The Employer shall initiate payment to the designated payee within ten ( 10) days of the last payroll of each month all sums so deducted. 2.02 Employees hired on or after July 1 , 1982 in classifications assigned to units represented by Local #1 shall , as a condition of employment at the time of employment, complete a Union dues authorization card provided by Local #1 and shall have deducted from their paychecks the membership dues of Local #1 . Said employees shall have thirty (30) days from the date of hire to decide if they want to become members of Local #1 . Such decision not to become a member of Local #1 must be made in writing to the Employer within said thirty (30) day period. If the employee decides not to become a member of Local #1 , any Union dues previously deducted from the employee's paycheck shall be returned to the employee and said amount shall be deducted from the next dues deduction check sent to Local #1 . If the employee does not notify the Employer in writing of the decision not to become a member within the thirty (30) day period, he/she shall be deemed to have voluntarily agreed to pay the dues of Local #1 . Each such dues authorization form referenced above shall include a statement that Local #1 and the Employer have entered into a Memorandum of Understanding, that the employee is required to authorize payroll deductions of Union dues as a condition of employment, and that such authorization may be revoked within the first thirty (30) days of employment upon proper written notice by the employee Res. No. 3399 214 within said thirty (30) day period as set forth above . Each such employee shall , upon written completion of the authorization form, receive a copy of said authorization form which shall be deemed proper notice of his/her right to revoke said authorization . 2.03 Maintenance of Membership Employees who are members of Local #1 and have authorized, or who may authorize in the future, deductions for their Local #1 dues and initiation fees, shall have such dues and fees deducted for the remainder of this Memorandum of Understanding, except that during the month of April of each year of this Memorandum of Understanding any employee may withdraw from Union membership and dues and fees deductions by notifying Local #1 and the Employer in writing of his/her desire to do so. 2.04 _Remittance of Dues The amounts deducted pursuant to Sections 2.01 and 2.03 shall be remitted promptly to Local #1 with an alphabetical list of the employees from whom deducted. 2.05 Should Contra Costa County modify, to the benefit of Local #1 , any organizational security or maintenance of membership sections of Memoranda of Understanding for represented units , the Employer agrees to modify this Section upon written request by Local #1 . Section 3. No Discrimination 3.01 There shall be no discrimination because of race, creed, color, national origin, sex or Union activities against any employee of the Employer or by anyone employed by the Employer; and to the extent prohibited by applicable state and federal law there shall be no discrimination because of age . There shall be no discrimination against any handicapped person solely because of such handicap unless that handicap prevents the person from meeting the minimum standards established for the position. 3.02 Local #1 and the Employer agree to cooperate in pursuing the Employer's policy and plan of affirmative action as required and approved by HUD. Section 4. Union Representation 4 .01 The Employer recognizes and agrees to deal with the accredited Union Stewards and Representatives of Local #1 in all matters relating to grievances and the interpretation of this Memorandum of Understanding. 4.02 Shop Stewards Local #1 shall designate three (3) Shop Stewards, one for both Zone A and Zone B and one for the Central Office. (An alternate Steward may be designated for each Zone. The alternate Steward shall act only in the absence of the regular Steward. ) A Steward shall be allowed reasonable time to investigate a specified grievance provided it is in his/her assigned work area during working hours, subject to prior notification and approval of the immediate supervisor. Supervisors shall -2- u r' LI I ; V L`JUL;LJ Res. No. 3399 210 J not deny Stewards a reasonable time except under extraordinary circumstances. In no such case shall denial be arbitrary or capricious. 4.03 Union Access Local #1 representatives shall have access to all employees in the unit on an individual basis during working hours. Representatives of Local #1 shall be permitted to enter the premises of the Employer in which Local #1 has members at any time during regular working hours to conduct business pertaining to the scope of representation without interference with or interruption of the work effort. 4.04 The Employer agrees that upon appropriate request from Local #1 designating the employee(s) and the date(s) , the Employer will grant up to a maximum of three (3) days' authorized leave with pay annually for the represented unit as a whole. At least two (2) weeks' notice shall be given by Local #1 and work schedules must not be unduly interrupted . 4.05 Use of In-House Mailing Employees designated as Shop Stewards or official representatives of Local #1 shall be granted the use of the Employer's in-house mailing for Union business. 4.06 Bulletin Boards The Employer shall provide Local #1 with space on bulletin boards in areas where Local #1 has employees it represents for the purpose of posting non-controversial Union notices. Such notices may be posted by the Steward, although not limited to the following notices, they may include : 1 ) Recreational and social events of Local #1 2) Union meetings 3) Union elections, appointments 4) Results of Union elections 5) Other matters relating to the scope of representation In the event a dispute arises concerning the appropriateness of material posted, the Business Representative of Local #1 will be advised by the Executive Director of the nature of the dispute and the notices will be removed from the bulletin boards until the dispute is resolved. Section 5. Seniority and Layoff 5.01 Seniority is defined as the length of continuous paid employment and/or authorized absence as provided for in this Memorandum of Understanding with the Employer. (Seniority shall not accrue during a period of authorized leave without pay after an absence of three (3) months. ) 5.02 Reason for Layoff Layoffs shall occur due to lack of work, lack of funds, or reorganizat'son. 5.03 Notice of Layoff Permanent employee unit members affected by layoff shall be given no less than thirty (30) calendar days' written notice of such action. 5.04 When one ( 1 ) or more employees performing in the same classification are to be laid off for lack of work, lack of funds, or reorganization, the order• of layoff -3- 7 77 7 1 !, Res. No. 3399 216 shall be as follows : 1 ) All temporary employees 2) All probationary employees 3) All permanent employees in the inverse order of their seniority 4 ) Employees affected in (3) above will be allowed to accept demotion to a lower classification if they have previously held that lower classification for a period of at least six (6) months, or can meet the qualifications for the entry level position in any seniority unit and have seniority over an incumbent in that position or the position is vacant. 5.05 Employees "bumped" by the foregoing will , for purposes of this Section, be treated as notified or laid off and the same rights will apply. The employee may continue to bump into successive lower classes in which he/she has served and for which he/she is qualified to avoid layoff . Employees accepting demotion to a classification paid at a lower salary range will have their salaries adjusted so that they occupy the same step in the new lower range as they did in their previous range. An employee may elect to be laid off in lieu of bumping. Accepting such layoff does not affect the employee's reemployment rights under this Memorandum of Understanding. Seniority for permanent part-time employees shall be determined by converting the employee's total hours to a full -time equivalency. An employee may elect to job share in lieu of layoff. Local #1 and the Employer will meet and confer in regard to implementing a job-sharing program. 5.06 The names of employees laid off shall be entered upon a reemployment list in the inverse order that they were laid off and a copy submitted to the Union. The person ranking highest on the reemployment list for a particular classification shall be offered the appointment when a permanent or permanent part-time or temporary vacancy exists in that classification prior to public advertising. 5.07 When an employee was initially employed in an identifiable entry level position within an existing specific family grouping of classifications, that employee shall retain seniority for that entry level position even though the position has been reclassified and/or the title changed, provided the employee meets minimum qualifications required for the entry level position. 5.08 Employees who are laid off may fill any vacant position for which they meet the minimum qualifications. Such an employee shall have preference over outside applicants. Section 6. Holidays 6.01 The following holidays shall be observed with pay for full -time and permanent part-time employees : New Year's Day January 1 Washington 's Birthday 3rd Monday in February Memorial Day Last Monday in May Independence Day July 4 Res . No. 3399 217 Labor Day First Monday in September Veterans Day November 11 Thanksgiving Day 4th Thursday in November Day After Thanksgiving Friday following Thanksgiving Christmas Day December 25 Every day declared by the governing body, by resolution, to be a holiday. Subsequent to Admission Day (September 9, 1982) employees shall be credited with one ( 1 ) floating holiday in addition, to those holidays scheduled above. Subsequent to Columbus Day (October 11 , 1982) employees shall be credited with one ( 1 ) floating holiday in addition to those holidays scheduled above. Subsequent to Lincoln 's Birthday (February 12, 1983) employees shall be credited with one ( 1 ) floating holiday in addition to those holidays scheduled above. Effective May 1 , 1983 employees shall be credited with two (2) hours per month for each month of employment to be used as floating holiday time. Employees shall be allowed to use such time in increments of no less than one ( 1 ) hour. 6.02 Local #1 and the Employer agree that by mutual consent any of the above holidays can be observed on a date other than listed in Section 6.01 . 6.03 When a holiday falls on a Sunday, the Monday following shall be observed as the holiday. When a holiday falls on a Saturday, the preceding Friday will be observed as the holiday. 6.04 If a legal holiday as set forth in Section 6.01 falls on a workday for a full -time employee on an irregular workweek, such employee will be entitled to the holiday. However, if a holiday falls on one of his/her days off, the employee will be entitled to a day off and will observe the holiday on the last workday before the holiday or first workday after the holiday. 6.05 Employees who work on a holiday shall be paid one and one-half ( 1-1/2) times their regular rate for all hours worked in addition to their earned holiday payment. Section 7. Vacation Allowances 7.01 All permanent employees employed under the term of this Memorandum of Understanding shall be entitled to vacation pay subject to the following terms and conditions: a) For employees hired prior to October 1 , 1979 the rates at which vacation credits accrue and the maximum accumulation thereof are as follows: Monthly Maximum Accrual Cumulative Length of Service Hours Hours Under 11 years 10 240 11 years 10-2/3 256 12 years 11-1/3 272 13 years 12 288 14 years 12-2/3 304 `- _ _'! Res. No. 3399 218 Monthly Maximum Accrual Cumulative Length of Service Hours Hours 15 through 19 years 13-1/3 320 20 through 24 years 16-2/3 400 25 through 29 years 20 480 30 years and up 23-1/3 560 b) For employees hired on or after October 1 , 1979 the rates at which vacation credits accrue and the maximum accumulation thereof are as follows: Monthly Maximum Accrual Cumulative Length of Service Hours Hours Under 5 years 6-2/3 160 5 through 10 years 10 240 11 years 10-2/3 256 12 years 11-1/3 272 13 years 12 288 14 years 12-2/3 304 15 through 19 years 13-1/3 320 20 through 24 years 16-2/3 400 25 through 29 years 20 480 30 years and up 23-1/3 560 1 ) Commencing with the seventh (7th ) calendar month of employment, an employee shall accumulate vacation credit from the first month of employment on the above basis. 2) Any employee who resigns or is discharged shall be entitled to any vacation allowance accrued from the date of hire to the date of termination. 3) Vacation pay shall be paid at the employee 's regular straight-time rate of pay. 7.02 Vacation payment shall be paid immediately prior to the beginning date of the vacation period provided the employee submits his/her required request to the Payroll Department two (2) weeks in advance of payment date. 7.03 Scheduling of Vacations In February of each year a yearly vacation schedule shall be drawn up for that year scheduling vacations on. a departmental or project basis. The vacation period shall be taken at a time mutually agreeable to the Employer and the employee and on a seniority basis within the department or project to which the employee is regularly assigned. 7.04 Vacation accruals may be used only after the employee has been given permanent status with the Employer but may be used during the probation period to supplement exhausted sick leave and none shall be allowed in excess of actual vacation time accrued at the time the vacation is taken. -6- ll�I ���� r�`J11 Res . No. 3399 219 Section 8. Paid Sick Leave 8.01 Commencing with the second calendar month of employment, all permanent full -time employees shall accumulate sick leave credit from the first day of employment on the basis of eight (8) hours per month . Permanent part-time employees shall accumulate sick leave in proportion to their hours worked. 8.02 Sick leave credit earned but not used may be carried from year to year and, upon retirement, may be applied to longevity in the County Retirement Plan. 8.03 Earned sick leave pay shall be granted only in cases of illness or accident of the employee or of the immediate family as provided in this paragraph. " Immediate family" means and includes only the spouse, son, daughter or stepchildren within the employee 's household, father, mother, brother, sister, grandparent, grandchild, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister- in-law or stepparents of an employee. An employee may use paid sick leave credits in cases of illness or injury to an immediate family member living in the employee's home if there is a real need for someone to render care and no one else is available therefor, and if alternate arrangements for the care of the ill or injured person are immediately undertaken, to be approved by the Executive Director or his designee. 8.04 Up to thirty-two (32) hours per year of accumulated sick leave may be used by employees for prescheduled medical and dental appointments of members of the employee 's immediate family (as defined in Section 8.03) . 8.05 Sick leave shall be charged in one-half ( 1/2) hour increments. 8.06 For the purpose of this Section, full pay shall mean pay for the regular daily schedule of working hours for those days which the employee would have worked had the disability not occurred, calculated at the employee's straight-time rate. 8.07 The amount of sick pay allowance payable shall be reduced by any temporary disability benefits or indemnity that the employee may become entitled to under or by virtue of any federal , state or other statutory disability benefits or Workers ' Compensation Fund. The sum of the two payments will equal full sick allowance. Benefits derived from temporary disability will be used to repurchase, on an hourly basis, charges against sick leave. Section 9. Jury Duty And Official Appearance 9.01 The Employer agrees to pay a full eight (8) hours' pay at the straight-time hourly rate for each day a full -time employee is required to serve, and does serve, on any jury and/or for any day on which an employee is required to report and does report for examination as to his/her fitness for jury duty, provided the employee is scheduled to work on the days involved. The employee, however, will be required to turn in to the Employer the jury duty fee (excluding mileage allowances and meal expenses) . Before court leave is granted, the employee must submit a copy of the official summons to his/her immediate supervisor prior to the beginning date of such duty or service. Any time worked on a jury will be included as part of the eight (8) hours' jury duty pay. The Employer agrees to pay. less any fees received for jury services for a fu l I eight (8) hours' pay at the straight-time hourly rate for each day a full -time employee is ordered to appear as a witness in court, other than as a civil litigant or defendant in a criminal trial , or to respond to an official order from a governmental jurisdiction for reasons not brought about through the connivance or misconduct of the employee. -7- Res. No. 3399 220 If an employee is subpoenaed to appear as a witness in a case on behalf of the Employer on his/her day off , said employee shall receive pay at the straight- time rate for the hours actually involved in attendance at court plus reasonable hours for travel time to and from court. Section 10. Leaves 10.01 Upon written request, a Leave of Absence without pay may be granted to any permanent employee with at least one ( 1 ) year of service for a period not to exceed six (6) months with prior approval of the Executive Director for the following reasons : a) Illness or disability not covered by paid sick leave b ) Pregnancy c) Education which would relate to the employee's career with the Employer d) Other acceptable reasons 10.02 Requests for Leave of Absence shall be submitted to the Executive Director and shall state specifically the reason for the request, the date when it is desired to begin and the probable date of return. Employees may be required to provide proof of ability to return to work after a Leave of Absence because of illness or disability. 10.03 The Executive Director may assign employees on a temporary basis to perform the duties of an employee who is on a Leave of ,absence. Upon the expiration of the leave of absence, the returning employee shall be reinstated to his/her former position at the same classification and pay provided that such a position exists and any employee who was temporarily assigned to that position shall revert to his/ her former classification . If no comparable position exists when the employee returns from Leave of Absence, he/she may "bump" in accordance with Section 5 of this Memorandum of Understanding . 10.04 Employees may not accrue annual or sick leave while on Leave of Absence without pay; however, employees returning to work following a Leave of Absence without pay shall retain their accumulated sick leave, vacation, and holiday leave accrual . 10.05 The Employer agrees that it will grant to all employees, upon notification of the employee's supervisor, leave for up to five (5) days with pay at his/her regular rate in the event of a death in the immediate family of such employee occurring when the employee is scheduled to work for the purpose of arranging for and/or attending the funeral . It is understood that "immediate family" shall mean spouse, father, mother, son, daughter, brother, sister, grandparent, grandchild , father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister- in-law, stepparents or stepchildren or any relative or dependent residing in the home of the employee at the time of death. The Employer may require that the employee provide proof of death and/or relationship of the deceased. 10.06 Leave in excess of five (5) days will be charged to the employee's accumulated sick leave or annual leave account or to approved leave without pay. 10.07 For an employee granted a Leave of Absence the Employer may request said employee to complete satisfactorily an employment health examination, at the expense of the Employer before return to active employment. Section 11 . Restoration of Service Credits 11 .01 A separated employee in good standing who returns to active employment with the Employer within two (2) years from date of separation shall have service credits which were accrued and unused prior to his/her separation restored for purposes of : a) Vacation eligibility but not vacation scheduling ^�Crnti -S- 1.,,,! u���. �����'"'SL►'i{I Res. No. 3399 221 b ) Sick leave eligibility c) Service awards When the separation was due to involuntary layoff, the above shall apply provided the employee returns within his/her eligibility period. Section 12 . Rest and Clean-Up Periods 12.01 Employees shall be granted and take a rest period of fifteen ( 15) minutes during each period of four (4) hours. The rest periods shall be paid at the employee 's prevailing rate. 12.02 Breaks During Overtime For every two (2) hours of overtime worked, employees are entitled to one (1 ) fifteen ( 15 ) minute break after the end of their regular shift. 12.03 Clean Up Employees working in messy and dirty conditions shall be granted ten ( 10) minutes for personal clean up prior to lunch and ten ( 10) minutes for personal clean up prior to the end of their shift. Section 13. Probation 13.01 New employees shall serve a probationary period of six (6) months. The probationary period shall commence on the date of hire and conclude exactly six (6) months later. If this date occurs on a Saturday or Sunday, the probation period shall end on the preceding Friday. At the conclusion of the probationary period, the Executive Director shall determine if the employee will be granted permanent status. 13.02 The employee may be released from employment at any time during the probationary period with or without cause and without advance notice and without right of appeal or hearing. 13.03 Probationary employees shall be granted access to the grievance procedures except for probationary releases. 13.04 Any employee who has been on temporary status for more than six (6) months and is then placed in permanent status shall not be required to serve a probationary period but shall receive all employee benefits effective the date of this permanent classification. In case of a temporary status of less than six (6) months immediately preceding permanent status, that temporary status shall be counted toward the six (5) month probationary period. 13.05 All probationary employees shall receive written performance evaluations at the end of the first two (2) months of employment and the first five (5) months of employment. If either evaluation shows less than satisfactory performance, the rater shall comment in writing on those specific matters raised . The rater shall inform the employee in writing what improvements should be made to reach a satisfactory level of performance in order to insure permanent status. -9- Res . No. 3399 222 Section 14 . Days and Hours of Work 14.01 The normal work schedule for full -time employees shall be eight (8) hours per day, Monday through Friday, during the hours of 8:00 A.M. to 4: 30 P.M. 14.02 Variable Work Schedules A variable work schedule may be authorized by the Executive Director for an individual employee or for a work site. The Employer agrees to meet and discuss possible variable work schedules with Local #1 between January 1 , 1983 and March 1 , 1983. 14.03 Each employee shall have an unpaid, duty-free lunch break of thirty (30) minutes. 14.04 Overtime Overtime is any authorized work performed in excess of forty (40) hours per week or eight (8) hours per day. All overtime shall be compensated for at the rate of one and one-half ( 1-1/2) times the employee 's base rate of pay. Overtime for permanent employees is earned and credited in a minimum of one-half ( 1/2) hour increments and is compensated by either pay or compensatory time off. Employees entitled to overtime credit for holidays shall be provided a choice as to whether they shall be paid at the overtime rate or shall receive compensatory time off at the overtime rate for each hour worked. Such compensatory time off and the accumulation thereof shall be in addition to the total vacation accumulation permitted under the terms of this Memorandum of Understanding. 14.05 Compensatory Time The following provisions shall apply : A. Employees may elect to accrue compensatory time off in lieu of overtime pay. Eligible employees must notify their Department Head or his/her designee of their intention to accrue compensatory time off or to receive overtime pay . B. Compensatory time off shall be accrued at the overtime rate for actual authorized overtime hours worked by the employee. C. Employees may not accrue a compensatory time off balance that exceeds one hundred twenty ( 120) hours ( i .e. , eighty (80) hours at time and 'one-half ( 1-1/2) ) . Once the maximum balance has been attained, authorized overtime hours will be paid at the overtime rate. If the employee' s balance falls below one hundred twenty ( 120) hours, the employee shall again accrue compensatory time off for authorized overtime house worked until the employee's balance again reaches one hundred twenty ( 120) hours. D. Accrued compensatory time off shall be carried over for use in the next fiscal year; however, as provided in D above, accrued compensatory time off balances may no-f exceed one hundred twenty ( 120) hours. -10- Fill71 nijhis �� L; �11 Res. No. 3399 22 E. Employees may not use more than one hundred twenty ( 120) hours of compensatory time off in any fiscal year period (April 1 - March 31 ) . F. The use of accrued compensatory time off shall be by mutual agreement between the Department Head of his/her designee and the employee. Compensatory time off shall not be taken when the employee should be replaced by another employee who would be eligible to receive for time worked either overtime payment or compensatory time accruals as provided for in this Section. This provision may be waived at the discretion of the Department Head or his/her designee. G. Since employees accrue compensatory time off at the rate of one and one-half ( 1-1/2) hours for each hour of authorized overtime worked, accrued compensatory time balances will be paid off at the straight-time rate (two-thirds (2/3) the overtime rate) for the employee's current salary whenever: 1 . The employee changes status and is no longer eligible for compensatory time off ; 2. The employee separates from Housing Authority service; 3. The employee retires. Section 15. Safety 15.01 It is agreed by the Employer and Local #1 that health and safety is a mutual concern. The Employer recognizes its responsibility to maintain health and safety standards in accordance with the California Occupational Safety and Health Act. 15.02 A Safety Committee shall be formed composed of two (2) members appointed by the Employer and two (2) members appointed by Local #1 . Such Committee shall meet monthly to discuss and develop a safety program. 15.03 The Employer recognizes that specific training in safety procedures, serving the handicapped, assertiveness training, dealing with hostile or aggressive persons, and the like may be appropriate in some cases and agrees to provide such training where appropriate in its opinion . The Employer agrees to consider an employee 's request for such training. Section 16. Wages and Classifications 16.01 County Comparability All employees shall receive salaries equivalent to those received in the comparable classes of Contra Costa County. This means that the employee's salary for a class may be equal to or more than or less than the comparable class in Contra Costa County on the basis of equal job specifications or greater or lesser job specifications respectively in the Employer's classifications. The parties acknowledge that such salaries must be paid in accordance with the Low-Rent Housing Handbook, 7401 .2, Chapter 3, Section 1 - Compensation and the Annual Contribution Contract (ACC) , Part II Section 307 - Personnel . a ) The salaries for each classification and its comparable classification shall be included as an exhibit to this Memorandum of Understanding. -11- 1u1� Res No 3399 224 b ) The salary of each classification shall be increased effective July 1 of each year of this Memorandum of Understanding in accordance with any increases in salary for its comparable class which have been placed in effect by the County on or before the same July 1 and which have not otherwise been granted to the Employer' s class. c) County comparability shall be agreed upon by Local #1 and the Employer. 16.02 Job Classifications The Fmployer shall meet and confer with Local #1 prior to the creation of new job classifications within the scope of representation . Current class titles, descriptions, duties and hours shall be maintained and shall not be changed except through the meet and confer process. Section 17. Employment 17.01 Permanent Positions Permanent positions shall be those positions authorized by the governing board in its annual operating budget and designated to be filled by the Executive Director. Only those employees who have satisfactorily completed their probationary period may be appointed to permanent positions. 17.02 Temporary Positions Temporary positions shall be those positions authorized by the governing board for a duration not to exceed six (6) months and designated to be filled by the Executive Director. Employees hired for temporary positions shall be considered temporary employees. Temporary employees will become permanent if they serve more than twelve ( 12) months in an eighteen ( 18) month period in a temporary position. 17.03 Permanent Part-time Positions An employee who is assigned to an authorized position and who works less than forty (40) hours per week can be designated as a permanent part-time employee. Such positions shall have an authorized number of hours. Employees filling such positions shall receive benefits in accordance with the formula followed by Contra Costa County for its permanent part-time employees. Positions filled by permanent part-time employees shall be designated as X/40 positions, with X being the number of hours worked per week. Section 18. Health Plan 18.01 The Employer agrees to maintain comparability within the County of Contra Costa for its represented employees with respect to: a ) Blue Cross Health Plan b ) Kaiser Foundation Health Plan c) California Dental Plan d) Contra Costa County Health Plan e) Heals Plan f ) Contra Costa County Employees' Retirement Plan g) Life, accidental death and disability insurance -12- Sj,+U e . No. 3399 11 225 18.02 Commencing with the first day of the following month after the date of initial employment, employees hired for permanent positions may become participating members in those plans outlined in Section 18.01 above. Section 19. Mileage Effective January 1 , 1983 mileage allowance for the use of personal vehicles for travel between work sites or meetings or activities assigned or approved by the Employer shall be paid according to the following per-month formula: 1 - 400 miles 22¢ per mile 401 - plus miles 16d per mile The above rates shall be adjusted to reflect an increase or decrease in the cost of gasoline which shall be determined as provided below on the basis of the average price for "gasoline, all types" per gallon as listed in Table 5, "Gasoline Average Prices per gallon, U.S. City Average and Selected Areas" for the San Francisco- Oakland California area published by the Bureau of Labor Statistics, U.S. Department of Labor, hereinafter referred to as the "Energy Report. " The above mileage rates shall be increased or decreased by One Cent ( 1¢) for each Fifteen Cents ( 15Q) increase or decrease in the base price for gasoline which shall be defined as the average price of gasoline per gallon for July, 1979 as published in the Energy Report. Any such rate increase or decrease shall be effective the first of the month following publication of the Index. The above formula rates include price increases reported since July 1979. The mileage rate increase or decrease based on the Energy Report shall be contingent upon the continued availability of the official monthly Energy Report in its present form and calculated on the same basis unless otherwise agreed upon by the parties. Section 20. Retirement 20.01 All employees may retire on the first of the month following their sixty-fifth (65th) birthday unless their continued employment is approved by formal action of the governing board . 20.02 Any employee may retire prior to his/her sixty-fifth (65th) birthday in accordance with the rules and regulations and payment options st forth in the Contra Costa County Employees' Retirement Plan. 20.03 The Employer will continue to make its contribution toward the retirees' health plans in accordance with County comparability. Section 21 . Grievance Procedure 21 .01 It is the intent of the parties to this Memorandum of Understanding to anticipate and diminish causes of grievances and to settle any which arise, informally at the lowest practicable level of supervision and as fairly and promptly as possible. Therefore, it is agreed that there should be time limits between the initiation of a grievance and its occurrence, between steps of the grievance procedure and the time in which each answer must be given . Any grievance not initiated, or pursued by Local #1 , the aggrieved employee, or the Employer, as the case may be, within these time limits, will be considered settled on the basis of the last timely demand or answer by -13 Res. No. 3399 Li U fg � -'F11,��� 226 the Employer as the case may be, unless the time is extended by agreement of both parties. At each step of the grievance procedure, the Employer shall make available any record relied upon to sustain the action which gave rise to the grievance. 21 .02 Definition - Grievance A grievance is any dispute between (a) the parties, or (b) the Employer and an employee or employees with respect to the meaning, interpretation, application or enforcement of this Memorandum of Understanding or any terms or provisions thereof and the application of the Personnel Policy. 21 .03 General (a) Initial Presentation The initial (or lowest level ) presentation of a grievance shall be to the immediate supervisor of the employee claiming to have a grievance, and it may be made either orally or in writing. If made in writing, this written grievance shall comply with paragraph (b) 's requirement for a formally presented grievance. (b) Formal Presentation The formal presentation of a grievance shall be written and shall state the circumstances over which the grievant claims to be aggrieved, how the meaning, interpretation, application or enforcement of this Memorandum of Understanding is affecting him/her to his/her detriment, and the redress he/she seeks. (c) Time Limit Grievances must be filed within thirty (30) days of the incident or occurrence about which the employee claims to have a grievance. 21 .04 Procedure (a) Step 1 The grievance shall be presented to the immediate supervisor in accordance with Section 21 .03. The immediate supervisor shall have five (5) working days to respond. This response shall be reduced to writing. (b) Step 2 If the grievance is not settled at Step 1 , the grievant shall present his/her grievance to his/her Department Head. The grievant shall have seven (7) working days from the time he/she receives the immediate supervisor's response_ to grieve to Step 2. The Department Head shall respond in writing within five C5) working days after hearing the grievance. (c) Step 3 If the grievance is not settled at Step 1 above, it shall be presented to the Executive Director or his/her designated representative within five (5) working days following delivery of the Department Head's response. The grievance shall be presented along with all pertinent written material to date, and witnesses where required. If the grieving employee or group of employees wishes Local #1 representation in the presentation of the case before the Executive Director, or his/her designated representative, such representation shall consist of not more than two (2) representatives of Local #1 . The Executive Director shall reply to the grievance in writing to Local #11s office within ten ( 10) working days of the date of presentation of the written grievance. 0 ir P LR 'ff L. L LPJK2. Euj Res. No. 3399 227 (d) Step 4 A grievance which is not settled by the Executive Director may be appealed in writing for final determination to an arbitrator. The written notice of appeal must be filed with the Executive Director within seven (7) days of the receipt of his/her written reply. 1 ) Arbitration a) Selection Within fourteen ( 14) days after receipt of the notice of appeal , the Executive Director and the grievant(s) shall proceed with the Executive Director and Local #1 trying to select a mutually acceptable arbitrator who agrees to serve. If the parties cannot agree, a list of five (5) arbitrators will be drawn from the California State Conciliation Service, American Arbitration Association, or some other source mutually agreed upon, and each party (beginning by lot) shall alternately strike one name from the list until one name remains, who shall be the arbitrator if he agrees to serve. If he will not serve, the process shall be repeated until an arbitrator is found. b ) Evidence Neither party shall be permitted to assert in the arbitration proceedings any fact or report or written stipulation or any evidence which has not been submitted to the other party during the prior levels of the grievance procedure. Should new evidence become available , the procedure shall revert back to Step 3. c) The Arbitration The arbitrator shall promptly hold a hearing and shall issue his decision not later than thirty (30) days from the date of the close of hearing, or, if the oral hearings have been waived, from the date the first written statements and arguments are submitted to him by the parties. His decision shall be in writing and shall set forth his findings of fact, reasoning and conclusions on the issues. It shall be submitted to the Executive Director and to the grievant and shall be final and binding on the parties . 2) Costs The fees of the arbitrator ( including any per diem expenses, travel and subsistence expenses) , the cost of any hearing room and the cost of preparing the transcript of the hearing, if any, for the arbitrator shall be borne half by the Employer and half by Local #1 . All other costs and expenses shall be borne by the party incurring them. 21 .05 Copies of the decision will be furnished both parties. The arbitrator shall have no authority to add to, delete from, or alter any provisions of this Memorandum of Understanding, but shall limit his decision to the scope, application and interpretation of the provisions of this Memorandum of Understanding and shall make no decisions in violation of existing law. In case of a grievance involving any money claim against the Employer, no award shall be made by the arbitrator which shall allow any alleged accruals prior to the date when such grievance shall have been presented to the Employer in writing, except in cases whereby the employee or Local #1 , due to lack of knowledge, could not know prior to that date that there were grounds for a claim. In such cases, retroactive claims shall be limited -15- -+ tl,1r) � �-��, Res . No. 3399 228 a to a period of sixty (60) calendar days prior to the date the claim was first filed in writing. 21 .06 Time Limits Grievances not appealed to the next higher step within the time limits as set forth in the above procedure shall be considered settled on the basis of the last answer and no further appeal may be made. Section 22. Disciplinary Actions 22.01 General Provisions A permanent employee may be suspended, demoted or dismissed by the Executive Director for cause. 22.02 Disciplinary steps to be used by the Employer are as follows: 1 ) Verbal reprimand 2) Written reprimand 3) Suspension 4) Demotion 5) Dismissal The extent of the disciplinary action taken shall be commensurate with the offense provided that the prior employment history of the employee may also be considered pertinent. It shall be the Employer's policy to use progressive discipline. 22.03 Causes The causes which shall be deemed sufficient for suspension, demotion, or dismissal of permanent employees are the following : 1 ) Absence without leave 2) Disorderly or immoral conduct 3) incompetency or inefficiency 4) Insubordination 5) Use of alcoholic beverages or narcotics, or being under the influence of either or both while on duty 6) Neglect of duty 7) Negligent or willful damage to the Employer's property, or waste of the Employer's supplies or equipment 6) Willful violation of a reasonable regulation regarding duties, conduct, or performance of the employee 9) Misappropriation of the Employer's funds or property 22.04 Notice of Intent The Executive Director shall give written notice (Skelley Notice) of his intent to take disciplinary action against any involved employee. Such notice must be served on the employee in person or by certified or registered mail prior to the disciplinary action becoming effective. The Skelley notice must be served within five (5) days of knowledge of occurrence, provided the Employer has had reasonable time to investigate the circumstances and shall include: a) Statement of the nature of the disciplinary action b) Effective date of the action to be date of receipt at end of work shift cl Statement of the cause thereof Res. No. 3399 22J d) Statement in ordinary lanquage of the specific act or the omissions upon which the cause is based e ) Statement advising the employee of his/her right to appeal from such action and the richt to representation 2'.05 Skellev Hearing After the Skelley notice has been issued and prior to the disciplinary action being initiated the Executive Director shall conduct a Skelley hearing. At this hearinc, the emn- loyee and his/her representative shall be afforded the opportunity to respond to the charges, either orally or in writing. The Executive Director may redu .e or m�adify the intended action as a result of the Skelley hearing. 22.06 Subsequent to the notice of action by the Executive Director, the employee may appeal the disciplinary order in accordance with the Grievance Procedure of Section 21 . The appeal process shall be identical to that as the Grievance Procedure of Section 21 of this Memorandum of Understanding. The appeal of the Executive Director' s decision shall begin at Step 3 of the Grievance Procedure. Section 23. Transfer and Job Postings 23.01 A voluntary transfer may be granted by the Executive Director when an employee wishes to transfer from one work station to another within the same class. a ) All vacancies within the bargaining unit shall be posted at all work sites on ap rop iate bulletin boards for seven ( 7) calendar days so that the employees in The argainina unit may request transfer. During that posting period the va:a^cv shall not be permanently filled. The posting shall state: 1 ) The site of the vacancy 2) The number of hours regularly assigned 3) The job classification 4 ) The immediate supervisor 5) The interview dates 6) Date appointment effective b) After vacancies are posted employees in the bargaining unit shall have one ( 1 ) week from date of posting to apply for transfer to posted vacancies. c) Any employee going on leave during the period of posting can request a copy of the notice by providing the Employer with a self-addressed stamped envelope. d) An employee on leave shall have the right to have his/her Shop Steward file for the transfer in his/her behalf. e) If an employee in the Unit requests a transfer a non-employee shall not fill the vacancy. f) If more than one employee wishes to be transferred to a particular vacancy, the most senior employee shall receive the transfer. 23.02 Involuntary Transfer a ) When involuntary transfer is necessary because of lack of funds, lack of work, or reorganization, volunteers shall be considered first. -17- �J R9,8 f � Res. No. 3399 23� b ) if there are no volunteers, the transfer shall be based on seniority within the classification in inverse order of seniority. Section 24. Personnel Files 24.01 Access to Personnel Files a) Materials in personnel files of employees which may serve as a basis for affecting the status of their employment are to be made available for the inspection of the employee involved. Such material is not to include ratings, reports or records which : 1 ) Were obtained prior to the employment of the person involved 2) Were prepared by identifiable examination board members 3) Were obtained in connection with a promotional examination b) Every employee shall have the right to inspect such materials at reasonable inter- vals on request of the Executive Director or his/her designated representative, provided that the request is made at a time when such person is not actually required to render services to the Employer. An employee shall have the right to enter, and have attached to any derogatory statment, his/her own comments thereon. Such review shall take place during normal business hours, and the employee shall , upon approval of his/her supervisor, be released from duty for a reasonable time for this purpose without salary deduction. 24.02 Maintenance of Files The personnel file of each employee shall be maintained at the Employer's central administration office. No adverse action shall be based upon materials which are contained in the personnel file unless the materials had been placed in the file at the time of the incident giving rise to such materials. 24.03 Examination of Files An employee shall have the right at any reasonable time to examine and/or obtain copies of any material from the employee's personnel file with the exception of material that includes ratings, reports or records which were obtained prior to the employment of the employee involved. 24.04 With specific written authorization from the employee, Local #1 representatives shall also have the right at any reasonable interval during the regular business hours of the Employer to examine and/or obtain copies of any material from the employee's personnel file with the exception of material that includes ratings, reports or records which were obtained prior to the employment of the employee involved. 24.05 Confidentiality All personnel files shall be kept in confidence and shall be available for inspection only to other employees of the Employer when actually necessary in the proper administration of the Employer' s affairs or the supervision of the employee. 24.06 Derogatory Material a) All derogatory material placed in an employee's file shall be signed and dated by the preparer. -18- - '�+;�%�(}�:��' Res . No. 3399 231 b) The employee shall be notified prior to the material being placed in the file, and shall be given the opportunity to initial and date same. Refusal to do so shall be noted on the copy placed in the file. c) All derogatory materials other than employee evaluations shall be removed from the employee's personnel file and destroyed after remaining in the file for a period of five (5) years . Section 25 . Evaluation 25.01 Goal The basic goal of the employee evaluation process is to help each employee perform his/her present job more effectively to the mutual benefit of the individual and the Employer. 25 .02 Objectives a ) To provide a means of evaluating each employee' s performance in the specific context of his/her job. b) To determine individual needs for improvement and development. c) To secure continuing communication of individual development. d) To provide a basis for giving recognition for praiseworthy service. 25.03 Procedure a ) The immediate supervisor has the major responsibility for the evaluation of employees under his/her supervision. b) Probationary employees shall be formally evaluated after two (2) months and again after five (5) months. c) Permanent employees having less than, five (5) years of service shall be formally evaluated once annually . Permanent employees having more than five (5) years of service shall be formally evaluated after receiving reasonable notice of the appointment for evaluation. d ) Evaluation forms: All formal evaluations shall be filed in the employee's personnel file in the Central Administrative Office and are available for the employee's inspection . A copy of the completed evaluation form shall be given to the employee. e) No evaluation of any employee shall be placed in any personnel file without an opportunity for discussion between the employee and the evaluator(s) . Any negative evaluation shall include specific recommendations for assisting the employee in implementing the recommendations made. The employee shall have the right to review and respond to any derogatory evaluation . Such response shall be attached to the evaluation and included in the personnel file. Section 26. Working Out Of Classification 26.01 Only upon prior written authorization of the Executive Director may employees be assigned to work in a classification they do not have status in on a temporary basis. If the employee is performing work in a higher classification he/she shall L.,I Res No 3399 232 receive the salary for that classification for the duration of the assignment. If the employee is working in a lower classification, he/she shall be paid at his/her present salary for the duration of the assignment. 26.02 Assignments for less than three (3) days may be made by the Executive Director his/her designee. If an assignment is to be for a period of greater than three (3) days, volunteers shall be solicited from the Unit. If there is more than one volunteer, the most senior qualified employee shall receive the temporary assignment. If there are no volunteers, the least senior qualified employee shall receive the temporary assignment . In all such cases the employee must meet the minimum qualifications for the position to which he/she is to be assigned. Temporary assignments shall not be made for more than six (6) months except by mutual agreement between the Employer and Local #1 . The Employer shall not make a series of assignments of less than three (3) days to circumvent the intent of this Section . Section 27. Promotions 27.01 Once the provisions of Section 23 are met, vacancies shall be posted at all offices for seven (7) days on a promotional basis only. 27.02 The Employer shall inform Local #1 what type of test will be administered prior to the test being held by mailing a copy of the announcement. 27.03 Positions shall be filled after consideration of the following : A. Current employee shall have evidenced his/her interest by filing in writing for the open position . B. All candidates shall have been ranked in order of their relative qualifications for the job by written test, oral interview, and performance tests or any combination as called for by the Employer. 27.04 As between current employees applying for a promotional position, where merit and qualification are equal , preference shall be given to the employee with the greater amount of seniority with the Employer. 27.05 Only after all provisions of Section 23 and Section 26.02 are met may the Employer recruit individuals who are not present employees for the position. Section 28. Voluntary Demotions 28.01 Definition A voluntary demotion shall occur when an employee voluntarily vacates his/her current class and fills a vacant position in a lower paying class for which that employee meets the qualifications. 28.02 Reasons for Voluntary Demotions An employee may take a voluntary demotion under the following circumstances : -20- n7�'-Uffl� " f Res. No. 3399 233 a ) To avoid a layoff b) When a vacancy exists in a lower classification and the employee desires to demote. 28.03 Procedure for Voluntary Demotions In Section 28.02(a ) employees may fill a lower position in accordance with Section 5 ( Layoff ) . In such instances, the employee shall maintain his/her present salary and shall not receive any additional compensation until the salary of the lower position he/she is filling is equal to his/her salary. This procedure is known as Y-rating . Under Section 28.02(b) the procedure in Section 23 (Transfer) shall be followed . Employees seeking a voluntary demotion under these circumstances shall be considered after employees eligible for a transfer and before employees eligible for promotion under Section 27 (Promotions) . Employees seeking a voluntary demotion in accordance with the above procedure shall not be eligible for Y-rating but shall be placed in the lower classification at the same step level as he occupied in the higher class. Section 29. Bilingual Pay A salary differential of Forty Dollars (140.00) per month shall be paid incumbents of positions requiring bilingual proficiency as designated by the appointing authority and Executive Director. Said differential shall be prorated for employees working less than full -time and/or who are on an unpaid leave of absence for a portion of any given month . Designation of positions for which bilingual proficiency is required is the sole prerogative of the Employer. The procedure for determining competency and qualifications for bilingual pay shall be comparable to that used by Contra Costa County. Section 30. Saving Clause Should any part hereof or any provisions herein contained be rendered or declared invalid by reason of any existing or subsequently enacted legislation or by a decree of a court of competent jurisdiction such invalidation of such part or portion of this Agreement shall not invalidate any remaining portions which shall continue in full force and effect. Local #1 and the Employer shall , within thirty (30) days, meet and confer regarding the affected portion of this Memorandum of Understanding. Any modification or changes in the Memorandum of Understanding brought about by the above meeting and conferring shall be in writing and signed by the parties hereto. Section 31 . Term 31 .01 This Memorandum of Understanding shall commence July 1 , 1982 and shall terminate on June 30, 1983. 31 .02 Written notice of desire to negotiate amendments as an extension of this Memorandum, of Understanding or any new Memorandum of Understanding must be given by either party at least ninety (90) days prior to the expiration date. Negotiations, therefore, shall commence no less than thirty ( 30) days prior to the expiration of said -21 - IT , U ,11��11 t�}t/�}�I Li I ` Res. No. 3399 234 Memorandum of Understanding. If a notice is given, ati specified above, and complete agreement upon modifications or amendments to this Memorandum of Understanding has not been reached by the expiration date, it may be temporarily extended by mutual agreement for a period of thirty ( 30) days . PUBLIC EMPLOYEES UNION, LOCAL #1 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA By ; By By By Y By Byf!/f By By By �i;;.�i.'�'�. !` ;f Res. No. 3399 235 EXHIBIT A REPRESENTED AND NON-EXEMPT EMPLOYEES LHA POSITIONS COUNTY COMPARABILITY JOB TITLE LEVEL RANGE JOB TITLE Cashier-Typist H1 887 1103-1158-1216-1277-1341 Intermediate Typist Clerk Account Clerk 11 H2 005 1239-1301-1366-1434-1506 Account Clerk 11 Eligibility Worker it H2 039 1281-1346-1413-1483-1558 Eligibility Worker II Secretary--Acctg. Dept. H2 167 1456-1529-1606-1686-1770 Secretary II Secretary--Comm. Services H2 167 1456-1529-1606-1686-1770 Secretary II Secretary--Technical H2 167 1456-1529-1606-1686-1770 Secretary li Accounts Payable Bkkpr. H2 192 1493-1568-1646-1729-1815 Supervising Account Clerk Computer Operator H2 373 1789-1879-1973-2071-2175 Data Processing Shift Supervisor Payroll Bookkeeper H2 373 1789-1879-1973-2071-2175 Data Processing Shift Supervisor Res. No. 3399 236 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY# CALIFORNIA DATE: March 22 ' 1983 MATTER OF RECORD SUBJECT: Drainage Area 40 , Line A right-of-way The Board this day approved a Right-of-Way Contract and accepted a Grant of Easement from Laurence A. Lowell in connection with work being done on Line A in Drainage Area 40 . At the time the Board was considering the afore- said approval , Mr . John Tenconi , 105 Lindsey Drive , Martinez , California, appeared and questioned the legal title and right- of-way to portions of land within or adjacent to the Line A project , particularly whether the right-of-way runs to the center of the road. The Board requested the Public Works Director to meet with Air. Tenconi to discuss his concerns . cc : , Public Works Director AJ/gt 23 '7 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA DATE : March 22 , 1983 MATTER OF RECORD SUBJECT: Spraying for the Gypsy Moth Infestation The Agricultural Commissioner, Sealer of Weights and Measures, appeared before the Board and advised the Board that spraying for the gypsy moth infestation in Clayton would begin within a few days. The spraying will affect 55 homes in a pre-determined area of Clayton. There will be at least two applications of the pesticide and perhaps three, depending on the weather. Residents will be given 24 hours advanced notice before any spraying occurs. THIS IS A MATTER FOR RECORD PURPOSED ONLY . /hereby certify that this is 3 true and correct COPY Of �- "1-` 'n:4 `:i,nutes of the Board of Sup:r: ATTESTE,? Q'`'`'�C' J. and ex _ _ card ay G' , Daputy cc : County Administrator 238 At 1 : 30 p .m. the Board recessed to meet in Closed Session in Room 105 , James P . Kenny Conference Room , County Administration Building , Martinez , to discuss litigation and employee relation matters . At 2 . 25 p .m. the Board reconvened in its Chambers and continued with the agenda items . 239 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 22, 1983 , by the following vote: AYES: Supervisors Powers , Fanden, McPeak, Torlakson, Schroder NOES: None ABSENT: None ABSTAIN: None SUBJECT: Hearing on Proposed Amendment to County Ordinance Code with Respect to Professional Offices in Transitional Residential Districts This being the time set for hearing on the recommendations of the County Planning Commission and the San Ramon Valley Area Planning Commission with respect to a proposed amendment to the County Ordinance Code which would allow, subject to the land use permit application process, professional offices in existing resi- dential buildings in areas that are in transition and where it is determined that the existing residential dwellings appear to be marginal for residential habitation because of their proximity to heavily travelled roadways or existing non-residential uses; and Harvey Bragdon, Assistant Director of Planning, having commented on provisions of the proposed code amendment and having noted that the Orinda Area Planning Commission was unable to reach a conclusion on the proposal; and The following individuals having objected to the proposed expansion of non-residential uses, primarily in the vicinity of Danville Boulevard, and having expressed the opinion that the proposal should be applicable only in certain areas of the County where an immediate need exists : Madeline Hewitson, 31 Sara Lane, Walnut Creek; Joyce Towner , 2165 Danville Boulevard, Walnut Creek; Hal Petrie, 1530 Romley Lane , Alamo; Roy Bloss, representing the Association for the Preservation of Danville Boulevard; Wanda Longnecker , representing the Alamo Improvement Association; Barbara Nesselroade, Walnut Creek; and Joseph Starita and Maurice Schwartz, 2721 Oak Road, Walnut Creek, having supported the proposed code amendment and having expressed the opinion that adequate safeguards are included in the amendment to protect homeowners in the Danville Boulevard neighborhood; and Supervisor Schroder having expressed concern with respect to expanding non-residential uses in all areas of the County; and Supervisor Powers having recommended that the proposed ordinance code amendment be tabled and that staff develop an overlay procedure to address those specific areas, such as the Pleasant Hill BARTD station area, which are experiencing a problem with properties in the transitional stage; and The Board having discussed the matter and having concurred with the recommendation of Supervisor Powers; 210 IT IS BY THE BOARD ORDERED that the hearing on the afore- said proposal is closed, that the proposed ordinance code amendment is tabled, thereby denying the recommendations of the County and San Ramon Valley Area Planning Commissions, and that staff is directed to submit a report on the feasibility of utilizing the overlay procedure of allowing professional offices in certain resi- dential areas of the unincorporated portion of the County. I hereby certify that this Is a true and correct copyof an action taken and entered on the minutes of the Board of Supervisors n the date shown. q ATTESTED: 4�'3 J.R. OLSSON, COUNTY CLERK .and ex officio Clerk of the Board BY , Depcdy cc: Director of Planning County Counsel 241 N THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 22, 1983 , by the following vote: AYES : Supervisors Powers , Fanden, McPeak, Torlakson, Schroder NOES : None ABSENT: None ABSTAIN: None SUBJECT: Hearing on Appeal of B & D Company on Rezoning Application 2463-RZ , Discovery Bay Area This being the time set for hearing on the appeal of B & D Company from the County Planning Commission denial of rezoning application 2463-RZ to rezone an approximate 6, 000 square foot parcel located at 5200 Riverlake Road on the southeast corner of Riverlake Road and Discovery Bay Boulevard in the Discovery Bay area from Water Recreational District (F-1) to Limited Office District (0-1) ; and Harvey Bragdon, Assistant Director of Planning, having advised that a Negative Declaration of Environmental Significance was filed for the proposal, having noted that the existing single family residence on the site is currently being used for offices, and having stated that the property is not physically suited to office uses due to lack of available on-site parking spaces; and Candice Stoddard, attorney representing the applicant, having stated that the proposed rezoning would conform with the general plan designation for the property, having expressed the opinion that the proposed office use would be compatible with surrounding commercial uses in the area, having indicated that an agreement has been worked out with the county to lease property to provide additional parking spaces , and having requested that the rezoning be approved; and Eric Hasseltine, representing The Hofmann Company, owner and developer of the Discovery Bay complex, having noted that the master plan for the complex has adequate commercial areas included, having stated that the home on the property site had been used as a sales office for the development but through a previous agreement was to revert back to residential use, having expressed the opinion that the general plan designation for the property should be reviewed , and having urged that the findings of the Planning Commission and staff be upheld; and Roberta Fuss, on behalf of the Discovery Bay Property Owners Association, and Ren Hofmann, having appeared in opposition to the proposal; and Supervisor Torlakson having expressed the opinion that the proposal is in conformance with the General Plan and is compatible with existing uses in the area, and having recommended that the rezoning be approved with the provision that the site be reviewed in one year to determine whether adequate parking exists; and Supervisor Powers having stated that prior to rendering a decision he would like additional time to review the issues; and The Board having discussed the matter , IT IS ORDERED that the hearing on the appeal of B & D Company is CLOSED and the decision on the matter is DEFERRED to April 12, 1983 at 2 p.m. cc: B & D Company I hereby certify that th1s ft a truoandeweeteopyof Candice Stoddard an action taken and ontered on the minutes of the Director of Planning Board of Supervisors on the date shown. '4 ATTESTED: ._�_�__, J.R. OLSSON, COUNTY CLERK .and ex officio Clerk of the Board 242 6y . DrpW THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 22 , 1983 , by the following vote: AYES: Supervisors Fanden, McPeak, Torlakson, Schroder NOES: None ABSENT: Supervisor Powers ABSTAIN: None SUBJECT: Withdrawal of Appeals Filed on Land Use Permit No . 363-67 , Clayton Area The Board having heretofore closed the hearing on the appeal of Pacific Cement and Aggregates from certain conditions imposed in connection with the County Planning Commission November 12 , 1968 approval of Land Use Permit No . 363-67 to expand existing quarry operations in the Clayton area, and on the appeal of the City of Clayton objecting to the approval of said permit , and having requested that the applicant and the appellant meet in an effort to reach a compromise ; and The Board having received a March 21, 1983 memorandum from the Director of Planning transmitting Resolution No . 2-83 adopted on February 2 , 1983 by the Clayton City Council withdrawing the City' s appeal on the aforesaid land use permit , and a March 7 , 1983 letter from the law firm of Heller , Ehrman , White & McAuliffe, on behalf of the Lone Star Industries , Inc . , (formerly Pacific Cement and Aggregates) requesting that the applicant ' s appeal be withdrawn; and On the recommendation of Supervisor Torlakson, IT IS BY THE BOARD ORDERED that withdrawal of the appeals filed by the Lone Star Industries , Inc . , and the City of Clayton is ACCEPTED thereby upholding the County Planning Commission decision approving L .U .P . No . 363-67 . 1 hereby codify that this Is a trueandconectcopyof an action taken and entered on the minutes of the Board of Supero o on the date shown. ATTESTED: �3 J.R. OLSSON, COUNTY CLERK .and ex officio Clerk of the Board By Deputy Orig. Dept.: Clerk of the Board cc: Lone Star Industries , Inc . c/o Heller , Ehrman, White & McAuliffe City of Clayton John M. Starr Law Office Director of Planning County Counsel County Administrator 243 - Douglas Flett, consulting civil engineer for First Century Broadcasting, having stated that construction taking place at the site is limited to drawings on file with the Planning and Building Inspection Departments, and having indicated that precautions are being taken to minimize environmental disturbances; and Veronica Breth, 940 Magnolia Avenue, Martinez, and Harry Sweet, Jr. , 1417 Whitecliff Way, Walnut Creek, having appeared in support of the proposal; and A. A. Dehaesus , Director of Planning, in response to Board questioning, having stated that the concerns of the Amador Tribal Council are addressed in the land use permit conditions, having noted that inasmuch as the north peak of Mt. Diablo is part of the State Park system access cannot be restricted, having indicated that the applicant has agreed to participate should the telecommunication facilities on Mt. Diablo be consolidated, and having advised that the project would be halted if any artifacts are discovered during the course of construction; and Supervisor Torlakson having stated that in his opinion the concerns of the Native American Heritage Preservation Project will be mitigated through enforcement of the land use permit conditions, and having recommended that the appeal be denied and that staff be directed to monitor the question of access to the mountain and the provisions of new state legislation protecting Indian burial sites; and Supervisor Fanden having expressed the opinion that more complete environmental and archaeological studies should be required before the project is approved; and The Board having discussed the matter , IT IS ORDERED that the recommendation of Supervisor Torlakson is APPROVED and the appeal of the Native American Heritage Preservation Project is DENIED. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisor4jon the date shown. ATTESTED: al ck a-Z `/q ?3 JIf J.R. OLSSON, COUNTY CLERK .and ex officio Clerk of the Board By Dwty cc: First Century Broadcasting Knox LaRue John Knox Native American Heritage Preservation Project Director of Planning Director of Building Inspection County Counsel County Administrator Charles Belenky ` 24D THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 22, 1983 , by the following vote: AYES: Supervisors Powers , McPeak, Torlakson, Schroder NOES: Supervisor Fanden ABSENT: None ABSTAIN: None SUBJECT: Hearing on Administrative Appeal of Decision Rendered By the Director of Building Inspection on Land Use Permit No. 2203-75 This being the time set for hearing on the administrative appeal of the Native American Heritage Preservation Project from the decision of the Director of Building Inspection to issue the building permits for the proposal of First Century Broadcasting to replace an existing building and tower on the north peak of Mt. Diablo under provisions of Land Use Permit No. 2203-75 issued to Knox LaRue on June 1, 1977; and Charles Belenky, attorney representing the appellant, having commented on the justification for requiring an Environmental Impact Report for the proposed television tower , having noted that the five-year review of the land use permit outlined in the conditions of approval is scheduled for hearing before the County Planning Commission later in the day, having stated that inasmuch as the mountain is considered sacred to the Indian people an archaeological survey should be made prior to any construction on the site, and having requested that the building permits be suspended until the five-year review and archaeology study are completed; and The following individuals having appeared in support of the appeal filed by the Native American Heritage Preservation Project: Mabel McKay of the Pomo Indian Tribe; Wayne Roberson, Director of the Native American Heritage Preservation Project; Sandra Tomlin, 2411 Glenlock Street, San Pablo; Greg Gordon, representing Caritas Creek, an Environmental Education Program, and Title IV Indian Education Programs; George Coles, 204 Western Drive, Richmond; Carl Begay, Jr . , 14241 Orchid Drive, San Leandro; Holly Pellerin, 276 Shore Road, Concord; and John Knox, attorney representing First Century Broadcasting, having stated that the proposal is in conformance with the land use permit conditions, having noted that an archaeology study was made at the project site, having responded to a March 18, 1983 letter from the Amador Tribal Council expressing concern with respect to provi- sion for burial sites , removal of the tower if no longer needed and continued access to the peak for the Indian people, and having urged that the building permit issuance be upheld; and William Pink, Executive Secretary, California Native American Heritage Commission, having presented a brief background of the California Indian tribes, having noted that Mt. Diablo is the sacred mountain of the Miwok Indian Tribe, and having requested that consideration be given to the concerns outlined in the Amador Tribal Council letter ; and 244 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 22 , 1983 , by the following vote: AYES: Supervisors Powers , Fanden, McPeak, Torlakson, Schroder NOES: None ABSENT: None ABSTAIN: None SUBJECT: Land Use Permit No. 2203-75 Review On the recommendation of Supervisor Powers , IT IS BY THE BOARD ORDERED that the County Planning Commission is requested to consider the issue of the archaeological significance of Mt . Diablo during its five-year review hearing on Land Use Permit No. 2203-75 issued to Knox LaRue. I hereby certify that this Is a trueandcorr ftWyof an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: _.�..�' L :. 114'3 J.R. OLSSON, COUNTY CLERK .and ex officio Clerk of the Board C By , Deputy Orig. Dept.: Clerk of the Board cc: County Planning Commission Director of Planning 246 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 22 , 1983 , by the following vote: AYES : Supervisors Powers , Fanden, McPeak, Torlakson, Schroder NOES: None ABSENT: None ABSTAIN: None SUBJECT: New Landfill Site Search The Board having received a March 8 , 1983 letter from Ernest Del Simone , Chairman of the Solid Waste Commission, recommending that the Board determine that sufficient progress has been made toward finding a new sanitary landfill site for the County as required in the County Solid Waste Management Plan, direct the private sector solid waste interests to provide another progress report to the Board of Supervisorg by January 1984 , and delegate responsibility for monitoring progress to the Joint Exercise of Powers Authority when formed; and The Board on March 15 , 1983 at the request of the City of Martinez having deferred to this time action on the aforesaid recommendations of the Solid Waste Commission; and Mr. Paul Brotzman, Martinez City Manager, having appeared and having advised that after reviewing the letter submitted by the landfill operators serving "Contra Costa County, the City does not feel that it meets the intent of the Solid Waste Management Plan and that the cities of Central and Eastern Contra Costa County are in the preliminary stages of considering the establish- ment of a joint powers authority to study the options available for disposal of solid waste in Central and Eastern Contra Costa County, including a study on the waste-to-energy program, and having expressed the City ' s desire to see the County indicate its intent and willingness to work actively with the cities and sanitation districts to explore both private and public disposal sites ; and The County Administrator having advised that staff has been meeting with the city managers in support of continued exploration of waste-to-energy; and Supervisor Torlakson having advised that the Solid Waste Commission has been reviewing the matter and that the Commission has reports from the cities , and having thereupon moved the approval of the recommendations of the Solid Waste Commission; IT IS BY THE BOARD ORDERED that the recommendations of the Solid Waste Commission contained in its March 8 , 1983 letter are hereby APPROVED, and the staff is REQUESTED to continue working with the cities and the Solid Waste Commisssion. 1 hereby certify that this t:a true and comact copy of an action :akon and en.Eroxi nn mfnuiex of the Board of S:cpe► 'son on the drsie Shown. cc : Public Works ATTEST?: County Administrator 0 L� 6 e:i and E'» Jf:.:.��. ::: Of the @Ocrd By - Deputy 1 � And the Board adjourns to meet in regular session on Tues clag , April 5 , 1983 at 9 : 00 a.m. in the Board Chambers , Room 107 , County Administration Building , Martinez , CA . j Robert Schroder . Chair ATTEST : J . R. OLSSON , Clerk �; Geraldine Russell , Deputy Clerk �O THE FOREGOING DOCUMENTS ARE TRUE AND CORRECT COPIES OF DOCUMENTS NUMBERS 200 THROUG=H 248 , MARCH 22 , 1983 . THESE DOCUMENTS WERE REFILMED AND SPLICED ONTO THE REEL UNDER THE DIRECTION AND CONTROL OF THE OFFICE OF THE CLERK OF THE BOARD . L C . MATTHET,TS , DEPUTY CLERK OF THE BOARD OF SUPERVISORS DATE Q ��