HomeMy WebLinkAboutAgenda Packet - EVWD Board of Directors - 09/09/2020REGULAR BOARD MEETING
September 9, 2020 - 5:30 PM
31111 Greenspot Road, Highland, CA 92346
In an effort to prevent the spread of COVID-19 and in accordance with Governor
Newsom's Executive Order N-25-20 and N-29-20, this meeting is being conducted via
teleconference. There will be no public location for attending this meeting in person.
Members of the public may listen and provide public comment telephonically.
Anyone wishing to join the meeting may do so using the following information:
DIAL: 1-209-425-5876 and enter CONFERENCE ID: 901 532 41#
You may also join by clicking HERE to join the meeting via Microsoft Teams.
AGENDA
"In order to comply with legal requirements for posting of agenda, only those items filed
with the District Clerk by 12:00 p.m. on Wednesday prior to the following Wednesday
meeting not requiring departmental investigation, will be considered by the Board of
Directors".
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL OF BOARD MEMBERS
PUBLIC COMMENTS
Any person wishing to speak to the Board of Directors is asked to complete a Speaker
Card and submit it to the District Clerk prior to the start of the meeting. Each speaker is
limited to three (3) minutes, unless waived by the Chairman of the Board. Under the State
of California Brown Act, the Board of Directors is prohibited from discussing or taking
action on any item not listed on the posted agenda. The matter will automatically be
referred to staff for an appropriate response or action and may appear on the agenda at a
future meeting.
AGENDA - This agenda contains a brief general description of each item to be
considered. Except as otherwise provided by law, no action shall be taken on any item not
appearing on the following agenda unless the Board of Directors makes a determination
that an emergency exists or that a need to take immediate action on the item came to the
attention of the District subsequent to the posting of the agenda.
1.Approval of Agenda
2.APPROVAL OF CONSENT CALENDAR
All matters listed under the Consent Calendar are considered by the Board of
Directors to be routine and will be enacted in one motion. There will be no
discussion of these items prior to the time the board considers the motion unless
members of the board, the administrative staff, or the public request specific items to
be discussed and/or removed from the Consent Calendar.
a.August 12, 2020 Regular Board Meeting Minutes
b.Approve Directors' fees and expenses for August 2020
c.Adopt Resolution 2020.22 - Amending Conflict of Interest Code
d.Adopt Resolution 2020.21 - Sewer Facility Dedication by San Manuel Band of
Mission Indians
DISCUSSION AND POSSIBLE ACTION ITEMS
3.Consider 5th Street & Del Rosa Drive Reimbursement Agreement with the City of
Highland
4.Consider Water Quality Permitting Services Contract Amendment for the Sterling
Natural Resource Center (SNRC)
5.Consider Notice to Proceed with Headquarters Boardroom and Plant 134 Remodel
6.Consider Memorandum of Understanding between East Valley Water District and
the East Valley Water District Employee Partnership and Non-Designated
Employees' Salaries, Benefits and Related Programs
REPORTS
7.Board of Directors' Reports
8.General Manager/CEO Report
9.Legal Counsel Report
10.Board of Directors' Comments
ADJOURN
PLEASE NOTE:
Materials related to an item on this agenda submitted to the Board after distribution of the agenda packet
are available for public inspection in the District's office located at 31111 Greenspot Rd., Highland, during
normal business hours. Also, such documents are available on the District's website at www.eastvalley.org
subject to staff's ability to post the documents before the meeting.
Pursuant to Government Code Section 54954.2(a), any request for a disability-related modification or
accommodation, including auxiliary aids or services, that is sought in order to participate in the above-
agendized public meeting should be directed to the District Clerk at (909) 885-4900 at least 72 hours prior
to said meeting.
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Draft Pending Approval
EAST VALLEY WATER DISTRICT August 12, 2020
REGULAR BOARD MEETING
VIA TELECONFERENCE
MINUTES
The Chairman of the Board called the meeting to order at 5:30 p.m. Vice Chairman
Goodrich led the flag salute.
PRESENT: Directors: Carrillo, Coats, Goodrich, Morales, Smith
ABSENT: None
STAFF: John Mura, General Manager/CEO; Brian Tompkins, Chief
Financial Officer; Jeff Noelte, Director of Engineering and
Operations; Kelly Malloy, Director of Strategic Services; Justine
Hendricksen, District Clerk; Shayla Antrim, Sr. Administrative
Assistant
LEGAL COUNSEL: Jean Cihigoyenetche
GUEST(s): Members of the public
PUBLIC COMMENTS
Chairman Smith declared the public participation section of the meeting open at 5:33
p.m.
There being no written or verbal comments, the public participation section was closed.
APPROVAL OF AGENDA
M/S/C (Carrillo-Goodrich) by unanimous roll call vote that the August 12, 2020
agenda be approved as submitted.
DIRECTORS’ FEES AND EXPENSES FOR JULY 2020
M/S/C (Morales-Goodrich) by unanimous roll call vote that the Board approve the
Directors’ fees and expenses for July 2020 as submitted.
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APPROVE THE JUNE 10, 2020 REGULAR BOARD MEETING MINUTES
M/S/C (Coats-Goodrich) by roll call vote that the Board approve the June 10,
2020 regular board meeting minutes as submitted.
AYES: Directors: Carrillo, Coats, Goodrich, Smith
NOES: None
ABSTAIN: Director Morales
ABSENT: None
UPDATE ON PLANT 134 GRANULAR ACTIVATED CARBON (GAC) PROCESS
IMPROVEMENTS
The Director of Engineering and Operations provided an update on the Plant 134 Total
Trihalomethanes (TTHM) exceedance event that occurred in 2017. He stated that five
commitments to reduce or eliminate the risk of a similar exceedance have been
completed to date. That two more complex commitments remain: The Upper Zone
Pipeline, and GAC at Plant 134. That the District is moving forward this fiscal year with
installation of GAC at Plant 134, which may be sufficient to mitigate future potential for
a TTHM exceedance, eliminating the need for the Upper Zone Pipeline. That in an effort
to be stewards of our ratepayers while maintaining the Districts commitment to water
quality, construction of the $4 million project has been placed on hold until the benefits
of the GAC are confirmed.
The Director of Engineering and Operations stated that the design-build project delivery
method has been selected for GAC at Plant 134. That staff issued a Request for
Qualifications (RFQ) in June, and six Statements of Qualifications (SOQs) were received
on July 30, 2020. That an evaluation committee is currently reviewing the SOQs to
determine which firms will be invited to submit a proposal for design-build services. The
District has familiarity with the GAC treatment process since it is currently being used
at Plant 28 to treat groundwater.
For information only.
UPDATE ON PLANT 134 SLUDGE MANAGEMENT EVALUATION
The Director of Engineering and Operations provided information on the Plant 134
Upgrade and Expansion project that was completed in July 2013. He stated that no
modifications were done to the sludge handling system. That operational experience
suggests the existing lagoon system will not be able to process the waste solids in a
sustainable fashion when the plant flows approach the design capacity of the membrane
system of 8 MGD.
The Director of Engineering and Operations reviewed the scope of work HDR Engineering
proposed to the District in June 2019 to evaluate alternatives for improving the sludge
management system at Plant 134. He stated that the COVID-19 pandemic led to the
suspension of services by equipment vendors to evaluate sludge samples; therefore, the
evaluation had to rely upon data based on HDR’s experience with similar projects and
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data from water industry publications. That knowledge gained from the sludge
management evaluation will assist in determining how the project can be integrated
into the District’s Capital Improvement Program. That in the near-term, Engineering and
Operations staff will be collaborating on tests to evaluate the effectiveness of relatively
simple modifications on the performance of the existing lagoon system.
For information only.
BOARD OF DIRECTORS’ REPORTS
Director Carrillo reported that on August 7 he discussed District business with the
General Manager/CEO.
Director Morales reported on the following: August 3 he participated in the Association
of California Water Agencies State Legislative Committee where they discussed AB-3030;
August 4 he discussed District business with the General Manager/CEO; August 11 he
participated in the San Bernardino Board of Water Commissioners meeting where they
discussed the detachment of their sewer system from East Valley Water District; and
August 11 he participated in the Finance & Human Resources Committee meeting where
they discussed updates to the Debt Management Policy and he received a presentation
from the District’s Bond Counsel.
Director Coats reported on the following: July 28 he participated in the Highland
Chamber of Commerce monthly meeting where speakers from Redlands Community
Hospital discussed the pandemic; July 29 he participated in the Inland Empire Economic
Partnership meeting where a graduation ceremony was held for those that participated
in the Leadership Academy; August 4 he participated in the San Bernardino Valley
Municipal Water District Board meeting; and August 5 he participated in the San
Bernardino Valley Municipal Water District Special Board meeting.
Vice Chairman Goodrich reported on the following: August 6 he met with the General
Manager/CEO to review the agenda; August 7 he received an update on SNRC
construction and permitting from the General Manager/CEO; and August 11 he
participated in the Finance & Human Resources Committee meeting
Chairman Smith reported on the following: August 6 he met with the General
Manager/CEO to review the agenda; August 7 he received an update on SNRC
construction and permitting from the General Manager/CEO; and August 12 he
participated in the San Bernardino Valley Water Conservation District Board meeting.
Information only.
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GENERAL MANAGER/CEO REPORT
The General Manager/CEO provided an election update: candidate filing ended last
Friday, six individuals filed papers, and staff will be contacting candidates to schedule
candidate orientations.
The General Manager/CEO provided information on upcoming events:
• On August 14, District staff will present during two sessions of the Southern
California Annual Water Conference hosted by the Building Industry Association.
• August 14 District staff will be participating in a conference call with the Inland
Empire Economic Partnership.
• September 22 District staff and Chairman Smith will provide a District update
and highlights of the SNRC to the Highland Chamber of Commerce.
The General Manager/CEO provided an estimated financing schedule for 2020:
August 12 – Staff completed financial data for preliminary official statement
August 18 – Rating agency presentation from Standard & Poors
August 25 – Receive credit rating
August 26 – Board meeting to consider approval of legal documents, preliminary official
statement and revised debt management policy
August 27 – Post preliminary official statement
September 3 – Bond pricing
September 10 – Bond sale closing
He thanked the public for their continued support during these try times and for
participating in the District’s teleconferencing meetings and stated that meetings will
be held via teleconference until further notice.
Information only.
LEGAL COUNSEL REPORT
No report at this time.
BOARD OF DIRECTORS’ COMMENTS
Director Carrillo thanked Ms. Malloy and Mr. Noelte for presenting this Friday at the San
Bernardino Annual Water Conference. He stated that this will be a great opportunity
for the District.
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Chairman Smith thanked Mr. Noelte for his presentation.
Information only.
ADJOURN
Chairman Smith adjourned the meeting at 6:17 p.m.
___________________________
David E. Smith, Board President
__________________________
John Mura, Secretary
R ecommended b y:
Jo hn Mura
G eneral Manager/C EO
R espec tfully sub mitted:
Jus tine Hendric ksen
District C lerk
B O AR D AGE N D A S TAF F R E P ORT
Agenda Item #2.b .
Meeting Date: S ep temb er 9, 2020
C ons ent Item
To: G o verning Board Memb ers
F rom: G eneral Manager/C EO
Subject: Approve Directo rs ' fees and expens es for August 2020
R E C O MME N D AT IO N:
S taff rec ommend s that the Bo ard ap p ro ve the G overning Bo ard Members' F ees and Expenses fo r Augus t
2020.
B AC KGR O UN D / AN ALYS IS :
T he Board has ins truc ted s taff to lis t all d irecto r fees and expenses as a s ep arate agenda item to s how full fis c al
trans p arency. O nly after Board review and approval will the c o mp ens ation and expens es be paid.
AG E N C Y G O ALS AN D OB J E C T IVE S :
G o al and O bjec tives I I - Maintain a C ommitment to S us tainab ility, Transparenc y, and Ac c o untability
a) P rac tice Trans parent and Ac countab le F is cal Management
R E VIE W B Y O T HE R S :
T his agenda item has been reviewed by the Ad minis tratio n d ep artment.
F IS C AL IMPAC T
T he fis c al impac t as soc iated with this agenda item is $6,829.50 whic h is includ ed in the c urrent fis c al b udget.
ATTACH M E N TS:
Description Type
Directors' Expense Reports August 2020 Backup Material
B O AR D AGE N D A S TAF F R E P ORT
Agend a Item #2.c .
Meeting Date: S ep temb er 9, 2020
C ons ent Item
To: G o verning Board Memb ers
F rom: G eneral Manager/C EO
Subject: Adopt R es o lutio n 2020.22 - Amending C o nflict of Interes t C o d e
R E C O MME N D AT IO N:
S taff rec o mmend s that the Board o f Directo rs approve the amend ed C onflic t of Interes t C o d e and adopt
R esolution 2020.22.
B AC KGR O UN D / AN ALYS IS :
T he P olitical R efo rm Act requires every lo cal government agenc y to review its C onflic t of Interes t C ode
b iennially. A c onflict of interes t c od e info rms pub lic o ffic ials , governmental employees , and c onsultants what
finance interests they must dis c lose o n their S tatement of Ec o nomic Interes ts (F o rm 700).
Each agenc y must sub mit to the C o unty Bo ard of S upervis o rs a notice indic ating whether or no t an amendment
is nec es s ary, no later than O c tober 1 o f each even-numb ered year. After reviewing the D istrict’s Conflict of
Interest C ode, staff determined that due to organizational changes that have occurred over the past two years, an
amendment was necessary. S taff has notified the C ounty B oard of S upervisors of the changes and recommends that
the B oard of D irectors approve the amended C onflict of I nterest C ode and adopt R esolution 2020.22.
AG E N C Y G O ALS AN D OB J E C T IVE S :
G o al and O bjec tives I I - Maintain a C ommitment to S us tainab ility, Transparenc y, and Ac c o untability
a) P rac tice Trans parent and Ac countab le F is cal Management
R E VIE W B Y O T HE R S :
T his agenda item has been reviewed by the Ad minis tratio n Dep artment and Legal C o uns el.
R ecommended b y:
Jo hn Mura
G eneral Manager/C EO
R espec tfully sub mitted:
Jus tine Hendric ksen
District C lerk
F IS C AL IMPAC T
T here is no fis cal impac t as s o c iated with this agend a item.
ATTACH M E N TS:
Description Type
Resolution 2020.22 Resolutio n Letter
Appendix - Conflict o f Interest Code Backup Material
1 East Valley Water District
Resolution 2020.22
Page 1 of 2
RESOLUTION NO. 2020.22
A RESOLUTION OF THE
BOARD OF DIRECTORS OF THE
EAST VALLEY WATER DISTRICT
ADOPTING A CONFLICT OF INTEREST CODE
WHEREAS, the East Valley Water District (“the District”) is a county water district
organized and operating pursuant to California Water Code Section 30000 et seq., and a local
government agency subject to the requirements of the Political Reform Act of 1974 (“the Act”),
California Government Code Section 81000 et seq.;
WHEREAS, Section 87300 of the Act requires all local government agencies to adopt
and promulgate conflict of interest codes pursuant to the provisions of the Act;
WHEREAS, the Fair Political Practices Commission (“the FPPC”) has adopted a
regulation, 2 Cal. Code of Regs. Section 18730, which contains the terms of a standard conflict of
interest code which can be incorporated by reference, and which may be amended by the FPPC after
public notice and hearings to conform to amendments in the Act; and
WHEREAS, the District desires to comply with its statutory requirements under the Act
and to provide a method to ensure that its Conflict of Interest Code is current and consistent with the
prevailing provisions of the Act and the regulations of the FPPC.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the East Valley
Water District as follows:
Section 1.
The terms of 2 Cal. Code of Regs. Section 18730, and any amendments to it duly adopted
by the FPPC, are hereby incorporated herein by this reference and, along with the attached Appendix
in which members and employees are designated and disclosure categories are set forth, shall
constitute the District’s Conflict of Interest Code. In the event of any inconsistency between the
attached Appendix and the prevailing provisions of the Act and/or the applicable regulations of the
FPPC, the Act and the FPPC regulations shall control.
Section 2.
Designated officials shall file statements of economic interest with the District which will
then be made available to the public for inspection and reproduction. Upon receipt of the statements
from the District’s Board of Directors and General Manager/CEO, the Secretary of the District shall
make and retain a copy and forward the original of said statements to the County Clerk of the
County of San Bernardino. Statements for all other designated officials will be retained by the
District Secretary.
2 East Valley Water District
Resolution 2020.22
Page 2 of 2
Section 3.
This Resolution supersedes Resolution No. 2018.14 adopted by the District’s Board of
Directors on September 12, 2018 and shall take effect immediately upon its adoption.
ADOPTED this 9th day of September 2020.
Ayes:
Noes:
Abstain:
Absent:
______________________________
David E. Smith
Board President
I HEREBY CERTIFY that the foregoing is a full, true and correct copy of Resolution 2020.22
adopted by the Board of Directors of East Valley Water District at its regular meeting held
September 9, 2020.
_________________________
John Mura
Board Secretary
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APPENDIX
CONFLICT OF INTEREST AND DISCLOSURE CODE
SECTION 100. Adoption of Code.
The East Valley Water District (“the District”) in the County of San Bernardino hereby adopts this
Conflict of Interest and Disclosure Code (“Code”). The provisions of this Code are additional to
Government Code Section 87100 and other laws pertaining to conflicts of interest. Except as
otherwise indicated, the definitions of said Act and regulations adopted pursuant thereto are
incorporated herein and this Code shall be interpreted in a manner consistent therewith.
SECTION 200. Designated Positions.
The positions listed on Exhibit “B” are designated positions. Persons holding those positions are
deemed to participate in the making of decisions which may foreseeably have a material effect on a
financial interest.
SECTION 300. Economic Disclosure Statements.
Designated positions are assigned to one or more of the disclosure categories set forth on Exhibit
“A” each person holding a designated position shall file a statement disclosing his/her interest in
investments, business positions, real property, and income, designated as reportable under the
category to which his/her position is assigned on Exhibit “B”.
SECTION 400. Place and Time of Filing.
A. Persons holding designated positions which are added to the District’s Code shall file an
initial statement within 30 days after the effective date of the Code.
B. Persons appointed, promoted, or transferred to designated positions shall file an assuming
office statement with the District within 30 days after assuming the position.
C. Annual statements shall be filed with the District by April 1st by all persons holding
designated positions. Such statements shall cover the period of the preceding calendar year
or from the date of the last statement filed.
D. Leaving office statements shall be filed with the District within 30 days of leaving a
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designated position. Such statements shall cover the period from the closing date of the last
statement filed to the date of leaving the position.
E. An individual who resigns a designated position within 12 months following initial
appointment or within 30 days of the date of a notice mailed by the filing officer of the
individual’s filing obligation, whichever is earlier, is not deemed to assume or leave office,
provided that during the period between appointment and resignation, the individual does not
make, participate in making, or use the position to influence any decision of the District, or
receive, or become entitled to receive, any form of payment by virtue of being appointed to
the position. Within 30 days of the date of a notice mailed by the filing officer, the
individual shall do both of the following:
(1) File a written resignation with the appointing power.
(2) File a written statement with the filing officer signed under the penalty of perjury
stating that the individual, during the period between appointment and resignation,
did not make, participate in the making or use the position to influence any decision
of the District or receive, or become entitled to receive, any form of payment by
virtue of being appointed to the position.
SECTION 500. Contents of Economic Disclosure Statements.
Statements shall be made on forms supplied by the District, and shall contain the following
information.
A. When an investment, or an interest in real property, is required to be reported, the statement
shall contain:
(1) A statement of the nature of the investment or interest;
(2) The name of the business entity in which each investment is held, and a general
description of the business activity in which the business is engaged;
(3) The address or other precise location and the use of the real property;
(4) A statement whether the fair market value of the investment or interest in real
property equals or exceeds two thousand dollars ($2,000) but does not exceed ten
thousand dollars ($10,000), whether it exceeds ten thousand dollars ($10,000) but
does not exceed one hundred thousand dollars ($100,000), whether it exceeds one
hundred thousand dollars ($100,000) but does not exceed one million dollars
($1,000,000) or whether it exceeds one million dollars ($1,000,000); and
(5) If any otherwise reportable investment or interest in real property was partially or
wholly acquired or disposed of during the period covered by the statement, the date
of acquisition or disposal shall be reported.
B. When income is required to be reported, the statement shall contain:
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(1) The name and address of each source of income aggregating five hundred dollars
($500) or more in value, or fifty dollars ($50) or more in value if the income was a
gift, and a general description of the business activity, if any of each source;
(2) A statement whether the aggregate value of income from each source, or in the case
of a loan, the highest amount owed to each source, was at least five hundred dollars
($500) but did not exceed one thousand dollars ($1,000), whether it was in excess of
one thousand dollars ($1,000) but not greater than ten thousand dollars ($10,000),
whether it was greater than ten thousand dollars ($10,000) but not greater than one
hundred thousand dollars ($100,000), or whether it was greater than one hundred
thousand dollars ($100,000);
(3) A description of the consideration, if any, for which the income was received;
(4) In the case of a gift, the amount or value and the date on which the gift was received
and the name, address, and business activity, if any, of the intermediary or agent and
the actual donor;
(5) In case of a loan, the annual interest rate and security, if any, given for the loan; and
(6) The first report filed by a person holding a designated position shall disclose any
reportable investments, interests in real property, business positions, and income
received during the previous 12 months.
C. When the filer’s pro rata share of income to a business entity or trust, including income to a
sole proprietorship, is required to be reported, the statement shall contain:
(1) The name, address, and a general description of the business activity of the business
entity; and
(2) The name of every person from whom the business entity received payments if the
filer’s pro rata share of gross receipts from such persons was equal to or greater than
ten thousand dollars ($10,000) during a calendar year.
D. When business positions are required to be reported, the statement shall contain:
(1) The name, address, and a general description of the business entity;
(2) The filer’s job title or position; and
(3) A statement whether the position was held throughout the entire reporting period and
the dates the position was commenced or terminated, if not held during the entire
reporting period.
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SECTION 600. Disqualification.
Persons holding designated positions shall disqualify themselves from making or participating in the
making or in any way attempting to use their official position to influence a governmental decision
when it is reasonably foreseeable that the decision will have a material financial effect,
distinguishable from its effect on the public generally, on:
A. The financial status of the person holding a designated position or that of his or her spouse or
dependent children;
B. Any business entity located in, doing business in, owning real property in, or planning to do
business in the jurisdiction of the person holding a designated position, in which said person,
or his or her spouse or dependent child, has a reportable investment of $2,000 or more;
C. Any real property located in the jurisdiction of the person holding a designated position and
said person, or his or her spouse or dependent child, has a reportable interest of $2,000 or
more in that real estate;
D. Any person, business entity, or nonprofit entity located in, doing business in, owning real
property in, or planning to do business in, the jurisdiction of the person holding a designated
position, from which said person or his or her spouse has received reportable income, other
than loans by a commercial lending institution in the regular course of business, aggregating
five hundred fifty dollars ($500) or more in value within twelve months prior to the time the
decision is made;
E. Any person, business entity, or nonprofit entity from which the person holding a designated
position has received a reportable gift aggregating four hundred seventy dollars ($500) or
more in value within twelve months prior to the time the decision is made; and
F. Any business entity, other than a nonprofit organization, in which the person holding a
designated position is a director, officer, partner, trustee, employee, or holds any position of
management.
SECTION 700. Adoption by Incorporation.
Adoption by incorporation by reference of the terms of this code along with the designation of
employees and the formulation of disclosure categories in the Exhibits referred to above constitute
the adoption and promulgation of a Conflict of Interest and Disclosure Code.
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CONFLICT OF INTEREST AND DISCLOSURE CODE
Exhibit A
CATEGORY 1
Persons in this category shall disclose all interest in real property within the jurisdiction. Real
property shall be deemed to be within the jurisdiction if the property or any part of it is located
within or not more than two miles outside the boundaries of the jurisdiction or within two miles of
any land owned or used by the District.
CATEGORY 2
Persons in this category shall disclose all investments and business positions.
The Political Reform Act defines investment as follows:
“Investment” means any financial interest in or security issued by a business entity,
including but not limited to common stock, preferred stock, rights, warrants, options, debt
instruments, and any partnership or other ownership interest owned directly, indirectly, or
beneficially by the public official, or other filer, or his or her immediate family, if the
business entity or any parent, subsidiary, or otherwise related business entity has an interest
in real property in the jurisdiction, or does business or plans to do business in the
jurisdiction, or has done business within the jurisdiction at any time during the two years
prior to the time any statement or other action is required under this title. No asset shall be
deemed an investment unless its fair market value equals or exceeds two thousand dollars
($2,000). The term “investment” does not include a time or demand deposit in a financial
institution, shares in a credit union, any insurance policy, interest in a diversified mutual
fund registered with the Securities and Exchange Commission under the Investment
Company Act of 1940 or a common trust fund which is created pursuant to Section 1564 of
the Financial Code, or any bond or other debt instrument issued by any government or
government agency. Investments of an individual include a pro rata share of investments of
any business entity, mutual fund, or trust in which the individual or immediate family owns,
directly, indirectly, or beneficially, a 10-percent interest or greater.
According to the Political Reform Act, a business position is a position of director, officer, partner,
trustee, employee, or any position of management in any organization or enterprise operated for
profit, including but not limited to a proprietorship, partnership, firm, business trust, joint venture,
syndicate, corporation or association.
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CATEGORY 3
Persons in this category shall disclose all income and business positions.
The Political Reform Act defines income as follows:
“Income” means a payment received, including but not limited to any salary, wage, advance,
dividend, interest, rent, proceeds from any sale, gift, including any gift of food or beverage,
loan, forgiveness or payment of indebtedness received by the filer, reimbursement for
expenses, per diem, or contribution to an insurance or pension program paid by any person
other than an employer, and including any community property interest in the income of a
spouse. Income also includes any outstanding loans. Income of an individual also includes a
pro rata share of any business entity or trust in which the individual or spouse owns, directly,
indirectly or beneficially, a 10-percent interest or greater.
CATEGORY 4
Persons in this category shall disclose all business positions, investments in, or income (including
gifts and loans) received from business entities that manufacture, provide or sell service and/or
supplies of a type utilized by the District and associated with the job assignment of designated
positions assigned to this disclosure category.
CATEGORY 5
Consultants who are not employed as full-time staff members of the District shall nonetheless be
included as a designated employee and subject to the disclosure requir ements herein. However,
those consultants whose positions are marked with an asterisk (*) in Exhibit “B” of this Code, or any
other consultants which may be hired, may not be required to fully comply with the disclosure
requirements herein where the range of duties which they are hired to perform is limited in scope.
Such determination shall be made in writing by the General Manager of the District and shall include
a description of the consultant's duties and, based upon that description, a statement of the extent of
the consultant’s disclosure requirements, if any. This determination is a public record and shall be
retained for public inspection in the same manner and location as this Code.
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CONFLICT OF INTEREST AND DISCLOSURE CODE
Exhibit B
DESIGNATED POSITIONS DISCLOSURE CATEGORIES
Director 1-3
General Manager/CEO 1-3
Business Services Manager 4
Controller / Chief Financial Officer 1-3
Operations Manager 4
Director of Engineering & Operations 4
District Clerk 4
Human Resources/ Risk & Safety Manager 4
Director of Administrative Services
Information Technology Manager 4
Director of Strategic Services 4
Public Affairs Manager 4
Consultant * 5
B O AR D AGE N D A S TAF F R E P ORT
Agenda Item #2.d .
Meeting Date: S ep temb er 9, 2020
C ons ent Item
To: G o verning Board Memb ers
F rom: G eneral Manager/C EO
Subject: Adopt R es o lutio n 2020.21 - S ewer F ac ility Ded icatio n by S an Manuel Band of Mis s io n Indians
R E C O MME N D AT IO N:
S taff rec o mmend s the Bo ard of Directo rs approve R es o lutio n 2020.21 and acc ep t ded icatio n o f the sewer
fac ilities from the S an Manuel Band o f Mis sion Indians fo r the S terling/Mars hall sewer imp ro vements .
B AC KGR O UN D / AN ALYS IS :
Eas t Valley Water Distric t and S an Manuel Band of Mis s io n Ind ians wo rked together to upgrad e and add
capac ity to a 1.7-mile s tretc h o f sewer p ip eline o n Mars hall Bo ulevard , from R o c kford Avenue to S terling
Avenue, and s o uth o n S terling Avenue to near P umalo S treet. T he Mars hall and S terling Utility C orrid o r P rojec t
b egan in F ebruary 2020 and was funded b y the S an Manuel Band o f Mis s ion Indians . T his new s ewer p ip eline
will help serve the c ommunity for 100 years and contribute to the o verall sus tainability o f the regio n.
T his project includ es acc ep ting approximately 9,000 feet of s ewer main and 36 manholes . T he new manholes
have b een lined with a s pecial polymer liner for added pro tec tion and longevity. An additio nal item o f note is that
o ne portio n o f the s ys tem, eas t of the inters ectio n of Marshall and S terling, p as s es under a flood c ontrol c hannel
thro ugh a s teel cas ing.
T he Dis tric t wo rked with rep res entatives o f S an Manuel Band of Mis s io n Indians and their c o ntracto rs thro ugh
p ro ject c o o rd ination, c ommunity o utreac h, reviewing and approving plans, and cons truc tion o vers ight. A third-
p arty ins pec tor cond ucted the final ins p ections to ens ure the new pip eline meets all Dis tric t standards .
As p art of the p ro ject clos e-o ut, a Notic e of C o mp letion has b een filed with the C ounty of S an Bernardino and
the Dedic atio n C ertific ate has been signed b y the S an Manuel Band o f Mis s io n Indians signato ry member. Both
d o cuments req uire G o verning Board acc ep tanc e for p ermanent c o nnec tion to the Distric t’s s ewer s ys tem.
AG E N C Y G O ALS AN D OB J E C T IVE S :
G o al and O bjec tives I V - P romo te P lanning, Maintenanc e and P res ervatio n o f Dis tric t R esources
c) D edicate E fforts Toward S ystem M aintenance and Modernization
R ecommended b y:
Jo hn Mura
G eneral Manager/C EO
R espec tfully sub mitted:
Jason Wo lf
S enio r Engineer
R E VIE W B Y O T HE R S :
T his agenda item has been reviewed by the O p erations , F inanc e and the Engineering d ep artments .
F IS C AL IMPAC T
T here is no fis cal impac t as s o c iated with this agend a item.
ATTACH M E N TS:
Description Type
Resolution 2020.21 Resolutio n Letter
Irrevocable offer o f Dedication o f Sewer Syste m Backup Material
N O C Marshall Sterling Sewer Backup Material
East Valley Water District
Resolution 2020.21
Page 2 of 2
RESOLUTION 2020.21
A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE EAST VALLEY WATER DISTRICT
ACCEPTING DEDICATION OF SEWER SYSTEM
MARSHALL AND STERLING SEWER IMPROVEMENTS
SAN MANUEL BAND OF MISSION INDIANS
BE IT HEREBY RESOLVED by the Board of Directors of the East Valley Water
District, as follows:
WHEREAS, the sewer pipeline and appurtenant structures constructed in accordance
with specifications of the East Valley Water District for the expansion of the SAN MANUEL
CASINO AND HOTEL, for public use in the City of San Bernardino and the County of San
Bernardino, have been dedicated to East Valley Water District by the San Manuel Band of
Mission Indians.
NOW THEREFORE, BE IT HEREBY RESOLVED, that the Dedication of Sewer
System dated August 28, 2020, executed by Patrick Dupont, VP of Finance and Accounting, for
the San Manuel Band of Mission Indians, be accepted and all rights, title and interest in and to
said sewer systems be vested in the East Valley Water District, and that the Secretary of this
District be, and is hereby authorized and directed to, record this Resolution with said Irrevocable
Offer of Dedication of Sewer System attached hereto, in the office of the County Recorder of the
County of San Bernardino, State of California.
* * * * * * * * * * * * * * * * * * * * * * *
The foregoing resolution was duly adopted at a meeting of the Board of Directors of the
East Valley Water District, upon motion duly made, seconded and carried on September 9, 2020.
ROLL CALL:
Ayes: Directors:
Noes:
Abstain:
Absent:
David E. Smith
Board President
S4201
East Valley Water District
Resolution 2020.21
Page 2 of 2
ATTEST:
_____________________________
John Mura
Secretary, Board of Directors
September 9, 2020
I HEREBY CERTIFY that the foregoing is a full, true and correct copy of Resolution 2020.21
adopted by the Board of Directors of East Valley Water District at its Regular Meeting held
September 9, 2020.
_____________________________
John Mura
Secretary, Board of Directors
S4201
B O AR D AGE N D A S TAF F R E P ORT
Agenda Item #3.
Meeting Date: S ep temb er 9, 2020
Dis c ussion Item
To: G o verning Board Memb ers
F rom: G eneral Manager/C EO
Subject: C ons id er 5th S treet & Del R os a Drive R eimb ursement Agreement with the C ity o f Highland
R E C O MME N D AT IO N:
S taff rec o mmends that the G o verning Bo ard of Direc to rs Autho rize the G eneral Manager/C EO to exec ute the
5th S treet and Del R osa Drive R eimburs ement Agreement with the C ity of Highland .
B AC KGR O UN D / AN ALYS IS :
T he Distric t c ontinues to utilize the progres s ive d esign-build proc urement method for the S terling Natural
R es o urc e C enter (S NR C ). A b enefit o f this p ro c es s is that it allows fo r the flexibility of inc orp o rating added
p ro ject benefits identified by the team.
During the c o urs e of d is cus s io ns regard ing off-s ite imp ro vements relating to the S NR C with the C ity of
Highland an o p p o rtunity fo r a pro ject enhanc ement emerged fo r the inters ectio n of 5th S treet and Del R os a
Drive. T hro ugh a reimb urs ement agreement, the District c o uld maximize mo b ilized res o urces not only to des ign
and cons truct c urb, gutters, and s idewalks , but als o widen the s treet to it's ultimate width and ad just the traffic
s ignal ac c o rd ingly. C ost share fo r this ad d itio nal work would be divid ed between the Dis tric t and the C ity of
Highland to d eliver enhanc ed improvements fo r the c o mmunity. T he Dis trict's res p o ns ibilities wo uld fall within
the G uaranteed Maximum P ric e for the S terling Natural R es o urc e C enter.
Balfour Beatty wo uld s erve as the c o ns tructio n management firm, with members of Team S terling serving in a
s upportive c ap acity inc luding engineering and cons tructio n. As with a trad itional signal reloc ation projec t, the
C ity will have approval authority to ens ure c o nsistenc y with loc al c irc ulatio n.
S taff will c ontinue to wo rk collaboratively with C ity o f Highland s taff to ens ure this project is completed in a
timely manner cons is tent with the current s chedule for the S NR C . By c o mbining this effort the c o mmunity will
experienc e the added benefits of the signal reloc ation conc urrently with the o ff-s ite impro vements resulting from
the S NR C , rather than the inconvenience o f them oc c urring as s eparate p ro jec ts.
AG E N C Y G O ALS AN D OB J E C T IVE S :
G oal and O b jectives I - Implement Effec tive S o lutio ns T hrough Visionary Leadership
c ) S trengthen R egio nal, S tate and National P artners hips
R ecommended b y:
Jo hn Mura
G eneral Manager/C EO
R espec tfully sub mitted:
Kelly Malloy
Direc tor o f S trategic S ervic es
G o al and O bjec tives I V - P romo te P lanning, Maintenanc e and P res ervatio n o f Dis tric t R esources
a) Develop P ro jec ts and P ro grams to Ens ure S afe and R eliable S ervices
R E VIE W B Y O T HE R S :
T he R eimburs ement Agreement has b een reviewed b y legal c o uns el.
F IS C AL IMPAC T
T he fis cal impact o f this item will b e funded as o utlined in the R eimb urs ement Agreement, with the District's
obligations inc luded as p art o f the S terling Natural R es o urc e C enter G uaranteed Maximum P rice.
ATTACH M E N TS:
Description Type
Reimbursement Agre ement Cover M e mo
Page 1 of 8
PUBLIC IMPROVEMENT REIMBURSEMENT AGREEMENT
This PUBLIC IMPROVEMENT REIMBURSEMENT AGREEMENT (“Agreement”) is
entered into by and between East Valley Water District, a County Water District, (“District”) and
the City of Highland, a California Municipal Corporation (“City”). The Agreement is effective
the date of execution by the last party to execute this Agreement (Effective Date) for the purpose
stated herein.
RECITALS:
WHEREAS, District is building a recycled water plant known as the Sterling Natural Resource
Center (“SNRC”) which is located on Del Rosa Drive between 5th Street and 6th Street within the
City of Highland, see attached location map hereto as Exhibit “A”; and
WHEREAS, District and City have identified certain public improvements at Del Rosa Drive
and 5th Street intersection (“Improvements”) to be constructed in conjunction with the
construction of the SNRC; and
WHEREAS, subject to the terms of this Agreement, District has agreed to design and construct
the Improvements and City has agreed to reimburse District for the costs associated therewith;
COVENANTS:
NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:
A. The District shall:
1. Serve as the lead agency in the execution of the Improvements and assign a
project manager. All work contemplated and performed under this Agreement
shall be processed as a change order to the SNRC progressive design-build
contract with Balfour-Beatty as general contractor. As such, the District shall be
sole party that contracts with consultant(s) and contractor(s), coordinates the
activities of the consultant(s) and contractor(s), and resolves any issues with these
contracts.
2. Complete the design plans, specifications, and schedule for the Improvements as
shown in Exhibit “B” attached hereto and incorporated herein by this reference.
3. Administer contract(s) for construction of the Improvements. The Improvements
shall be processed and constructed as a change order to the SNRC progressive
design-build agreement and shall comply with the terms of that agreement. The
provisions set forth in Section 6.3 of the design-build agreement regarding
insurance shall apply and are incorporated herein by this reference as if set forth
fully herein. Certificates of insurance and endorsements shall be issued and shall
Page 2 of 8
contain language requiring City and its directors, employees, and agents to be
included as additionally named insured on all policies of insurance required for
the Improvements, and such policies of insurance shall be primary with respect to
City and its directors, employees, and agents, and that any and all coverage that
may be available to City shall be considered excess and non-contributory. Within
ten business days after the Effective Date of this agreement, District shall provide
to City copies of the certificates of insurance and endorsements showing the City
as an additionally named insured.
4. The District agrees that the procurement of any contractors or subcontractors that
will be constructing the Improvements shall comply with any and all applicable
local, State, and federal laws including, but not limited to, provisions of the
California Public Contract Code and Labor Code applicable to public works
requiring public bidding and payment of prevailing wages, maintenance of
certified payroll records, and registration with the Department of Industrial
Relations.
5. Administer professional services contract(s) to provide construction management
services for the Improvements.
6. Complete the Improvements in compliance with all applicable legal requirements
and in a manner reasonably acceptable to the City.
7. Respond to change order requests and requests for information related to the
Improvements, and make changes or modifications to final plans and
specifications as needed throughout construction.
8. Submit change order requests and requests for information for Improvements to
the City.
9. Be responsible for the following costs of the Improvements:
(i) One hundred percent of design, construction and construction
management for the civil improvements such as, but not limited to,
construction of additional paving, slurry seal, curbs, gutters, sidewalk,
ADA ramps, relocation of the existing the storm drain catch basin north of
5th Street, and signage.
(ii) Any design fee in excess of $26,000 for traffic signal modifications.
(iii)Fifty percent (50%) of shared items of work as mutually agreed by the
District and City and listed in Exhibit “C” titled “Listing of Shared Cost
Items,” which is attached hereto and incorporated herein by this reference.
The parties agree that if either party determines that the benefit to the
other is more than fifty percent (50%), the parties will meet and confer
Page 3 of 8
regarding re-allocating the costs related to the shared items of work. Any
re-allocation of costs will require an amendment to this Agreement.
10. Notify City of completion of construction.
11. Send detailed itemized invoices to City as follows:
(i) During design and construction of the Improvements, send monthly
invoices to the City in the amount equal to the total amount of the
contract(s) regarding traffic signal modification improvements and half of
that month’s shared costs as mutually agreed by the District and City. The
design and construction management invoices shall include a breakdown
of man-hours and billings rate for each task. The construction invoices
shall include bid item quantity, description, unit cost and executed contract
change orders.
(ii) After the City’s acceptance of the Improvements, send a final invoice to
the City in an amount equal to the final costs incurred for the traffic signal
modification improvements and half of the remaining shared costs,
including all contract payments, change orders, extra work and other
contingency expenditures as mutually agreed upon by both parties and
described below.
B. The City shall:
1. Review the design plans and specifications for the Improvements within ten (10)
business days from submission by District and either approve the plans and
specifications or provide written comments to the plans and specifications.
2. Cooperate with the District in regards to timely City inspections of the
Improvements.
3. Respond to material submittals, change order requests and requests for
information related to the Improvements within ten (10) business days of notice
thereof.
4. Upon notification by the District of completion of construction of the
Improvements, City staff shall, within twenty (20) business days or as soon
thereafter as is feasible, place on a City Council agenda an agenda item
recommending that the City Council accept the Improvements.
5. Be responsible for the following costs of the Improvements:
(i) Design fee not-to-exceed $26,000 for traffic signal modifications.
Page 4 of 8
(ii) One hundred percent (100%) of construction and construction
management for traffic signal modifications at an estimated cost of
$290,000.
(iii) Fifty percent (50%) of shared items of the Improvements as mutually
agreed by the City and District and listed in Exhibit “C.”
(iv) One hundred percent (100%) of City’s staff time and consultant fees to
coordinate with the District, monitor construction, and other
administrative work relative to the traffic signal modifications.
6. Make the following payments to the District:
(i) During design and construction of the Improvements, unless the City
disputes a fee, City shall send each progress payment within thirty (30)
days of notice of the monthly itemized invoice from the District for the
Improvements, and shared items of work as mutually agreed by the
District and City. In the event that the City disputes that amounts stated
on any itemized invoice, the City shall submit within ten (10) business
days of receipt of the invoice, notice of such dispute and the basis for the
dispute. The parties shall endeavor to resolve any such dispute within a
reasonable time after the District’s receipt of notice of dispute. Any
dispute that is not resolved within five (5) business days shall be referred
to the City Manager and the General Manager for resolution.
(ii) City shall send a final payment within thirty (30) days of notice of the
final itemized invoice from the District, unless City disputes any of the
fees set forth in the final invoice. If City disputes any fee set forth in the
monthly invoice, the City shall submit within ten (10) business days of
receipt of the invoice, notice of such dispute and the basis for the dispute.
The parties shall endeavor to resolve any such dispute within a reasonable
time after the District’s receipt of notice of dispute. Any dispute that is
not resolved within five (5) business days shall be referred to the City
Manager and the District Manager for resolution.
GENERAL TERMS:
1. Once accepted, the Improvements shall be the property of the City, and the City
shall be responsible for the operation and maintenance.
2. District agrees to obtain for each contractor performing any aspect of the
Improvements a warranty in the City’s favor for the repair or replacement of
faulty work or materials for a period of one year following completion of the
Improvements and the City’s acceptance thereof. District shall provide City with
the warranty before the City Council accepts the Improvements.
Page 5 of 8
3. The District and City agree to cooperate with each other in good faith and
acknowledge that, for all matters in this Agreement, time is of the essence.
4. This Agreement shall commence on the Effective Date and shall terminate until
such time as a certificate of completion has been issued for the Improvements,
unless otherwise extended or terminated by mutual written consent of both
parties.
5. Each party’s performance under this Agreement is subject to acts of God, war,
government regulation, pandemic, terrorism, disaster, strikes, civil disorder,
curtailment of transportation facilities, or any other emergency beyond said
party’s control making it inadvisable, illegal, or impossible to perform its
respective obligations under this Agreement.
6. This Agreement contains the full and complete understanding of the parties
regarding the subject matter of this Agreement and shall not be construed against
either party as the drafter of the Agreement, which shall be deemed to have been
written by both parties.
7. If any term, clause, or provision of this Agreement is held to be illegal, invalid,
or unenforceable, the remainder of this Agreement shall not be affected, but shall
remain in full force and effect in accordance with the terms hereof.
8. This Agreement shall be governed by, interpreted under, and construed and
enforced in accordance with the laws of the State of California, excluding
California’s choice of law rules. Venue for any such action relating to this
Agreement shall be in the San Bernardino County Superior Court.
9. No variation, modification, change, or amendment of this Agreement shall be
binding upon either party unless such variation, modification, change, or
amendment is in writing and duly authorized and executed by the District and
City. This Agreement shall not be amended or modified by oral agreement or
understanding between the parties or by any acts or conduct of the parties.
10. No waiver of any breach or default by either party shall constitute a waiver of any
other breach or default, nor shall any such waiver constitute a continuing waiver.
11. Neither party shall assign this Agreement or any of such party’s interest, rights,
or obligations under this Agreement without the prior written consent of the other
party, which consent shall not be unreasonably withheld, except that either party
may assign this Agreement or any part thereof to any successor governmental
agency legally performing the functions of the assigning party as its successor.
12. The Recitals are hereby incorporated into this Agreement.
13. The parties are and shall at all times remain, as to each other, wholly independent
entities. Neither party shall have power to incur any debt, obligation, or liability
on behalf of the other party or otherwise act on behalf of any other party as an
Page 6 of 8
agent except as expressly provided by this Agreement. No official, employee,
agent, or officer of a party shall represent that he, she or anyone else from that
party is in any manner an official, agent, employee or officer of the other party.
14. Each person executing this Agreement on behalf of a party warrants and
represents that he or she has the authority to execute this Agreement on behalf of
that party and has the authority to bind that party to the performance of its
obligations hereunder.
15. Waiver by either party of any one or more of the conditions of performance under
this Agreement shall not be a waiver of any other condition of performance under
this Agreement.
16. In the event of any dispute arising under this Agreement, the injured party shall
notify the injuring party of its contentions by submitting a claim in writing,
therefore. The injured party shall continue performing its obligations incurred
herein so long as the injuring party commences to cure such injuring action within
ten (10) days of service of such notice and completes the cure within forty-five
(45) days after the notification, or such longer period as may be necessary or
agreed upon by the parties to this Agreement.
17. If either party commences an action against the other arising out of or in
connection with this Agreement, including the filing of a legal action to compel
payment of the reimbursement, the prevailing party shall be entitled to recover
reasonable attorney’s fees and legal costs from the losing party related to
enforcement of the provisions of this Agreement.
18. Each party shall indemnify, defend and hold harmless the other party, including
its officials, officers, employees, volunteers, agents, successors, assigns and those
agents serving as independent contractors in the role of officials (collectively
Employees) from and against any and all claims (including, but not limited to,
claims for bodily injury, death or property damage), demands, liability,
obligations, damages, actions, causes of action, proceedings, suits, losses,
judgments, fines, liens, penalties, liabilities, costs and expenses of every kind and
nature whatsoever (including, but not limited to, consequential damages,
attorneys’ fees, experts’ fees and other litigation expenses) (collectively Claims)
to the extent arising from or incident to the negligent, reckless or willful acts or
omissions of the indemnifying party or any of its Employees arising out of the
Agreement. However, in any case, the District will not indemnify, defend or hold
harmless the City or its Employees from or against Claims arising from or
incident to any acts or omissions of any consultant or contractor who works on or
provides any service regarding these Improvements; provided that all contracts
with consultants and contractors who provide any work or service regarding the
Improvements contains language requiring the City and its directors, employees
and agents to be indemnified and held harmless in the same manner as the
District. The District expressly indemnifies the City for any and all claims related
to public works labor requirements contained in the Public Contract Code and
Page 7 of 8
Labor Code, including bidding, bonding and the payment of prevailing wages.
This indemnity will survive termination or expiration of the Agreement.
19. The Improvements shall be constructed in conjunction with the SNRC and as a
change order to the SNRC progressive design build contract, and all of the
provisions of that Agreement dealing with insurance shall remain in full force and
effect during construction of the Improvements
20. Neither party to this Agreement relies upon any warranty or representation not
contained in this Agreement.
21. Any notice, demand, request, consent, approval, or communication either party
desires or is required to give to the other party or any person shall be in writing
and either served personally or sent by prepaid, First Class mail to the address set
forth below. Notice shall be deemed communicated 48 hours from the time of
mailing if mailed as provided in this section.
To City: City of Highland
Attn: Joseph Hughes, City Manager
27215 Base Line
Highland, CA 92346
Tel.: (909) 864-6861
Fax: (909) 862-3180
To District: East Valley Water District
Attn: John Mura, General Manager
31111 Greenspot Road
Highland, CA 92346
Tel.: (909) 889-9501
Fax: (909) 889-5732
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
and through their respective and duly and duly authorized officers on the Effective Date listed
below.
CITY OF HIGHLAND EAST VALLEY WATER DISTRICT
_____________________ ________________________________
Larry McCallon
Mayor
Page 8 of 8
ATTEST: ATTEST:
_____________________ ________________________________
Betty Hughes, MMC
City Clerk
B O AR D AGE N D A S TAF F R E P ORT
Agenda Item #4.
Meeting Date: S ep temb er 9, 2020
Dis c ussion Item
To: G o verning Board Memb ers
F rom: G eneral Manager/C EO
Subject: C ons id er Water Q uality P ermitting S ervic es C ontrac t Amendment for the S terling Natural R es o urc e
C enter (S NR C )
R E C O MME N D AT IO N:
S taff rec o mmend s that the Board o f Directo rs autho rize the G eneral Manager to exec ute a contract amend ment
with Woodard & C urran to p ro vide Water Q uality P ermitting S ervices for the S NR C p ro jec t fo r a no t-to -
exceed amount of $270,970.
B AC KGR O UN D / AN ALYS IS :
T he treatment o f wastewater to produc e rec yc led water fo r gro undwater recharge and other uses invo lves
extens ive regulations and p ermitting administered by the S tate Water R es ourc es C o ntrol Bo ard. Wood ard &
C urran (formerly R MC C ons ultants) has provided s ervic es on the S NR C p ro ject since its inc ep tion and was
initially engaged to provid e the feasibility s tud y and s ub s eq uently water quality permitting s ervic es fo r the S NR C
P ro ject p rior to Eas t Valley Water Dis tric t obtaining Lo cal Agenc y F ormation C o mmission (L AF C O ) authority
fo r wastewater treatment, reclamation, dispos al, and recharge of rec yc led water. T herefore, a contrac t with S an
Bernard ino Valley Munic ip al Water Dis tric t was utilized to engage their servic es . T he c o ntrac t s ervic es inc luded
the p rep aratio n of multiple engineering doc uments req uired b y the regulations , and extens ive modeling of the
p ro p o s ed groundwater rec harge activity.
To finish up the water quality p ermitting effort after the District obtained LAF C O authority fo r was tewater
treatment, the District exec uted a c o ntrac t with Wo o d ard & C urran in January 2019 for a not-to -exc eed amo unt
o f $115,597. S inc e the completio n of this wo rk, the S NR C P ro ject has evo lved with res p ect to the q uantity of
recycled water to b e dis charged at given loc ations . In ad d ition, the pro ject has evo lved to includ e the anaero b ic
d igestio n s ystem with fo o d was te. T hes e changes are s ignificant eno ugh to require the gro und water modeling
work to b e redone under the adjus ted cond itions, and to req uire updating of the engineering doc uments . T he
p ro p o s ed add itional sc o p e to ac c omp lis h this wo rk is for a no t-to -exceed amo unt o f $270,970. T he attac hed
p ro p o s al fro m Wo o dard & C urran p ro vides a d etailed desc rip tion o f the ad d itio nal s ervic es.
AG E N C Y G O ALS AN D OB J E C T IVE S :
G oal and O b jectives I - Implement Effec tive S o lutio ns T hrough Visionary Leadership
a) Identify O pportunities to O p timize Natural R esourc es
R ecommended b y:
Jo hn Mura
G eneral Manager/C EO
R espec tfully sub mitted:
Jeff No elte
Direc tor o f Engineering & O p eratio ns
G o al and O bjec tives I V - P romo te P lanning, Maintenanc e and P res ervatio n o f Dis tric t R esources
a) Develop P ro jec ts and P ro grams to Ens ure S afe and R eliable S ervices
c) D edicate E fforts Toward S ystem M aintenance and Modernization
R E VIE W B Y O T HE R S :
T his agenda item has been reviewed by the executive management team.
F IS C AL IMPAC T
T he no t-to-exceed contrac t amendment amo unt of $270,970 exceeds both the current year b udget, and the
amount includ ed in our S R F fund ing reques t. In o rd er to avo id negative s ched ule and cost impac ts, staff is
reques ting that the d efic it b e paid out o f Dis tric t rep lac ement res erves.
ATTACH M E N TS:
Description Type
Woo dard-Curran P roposal Backup Material
9655 Chesapeake Drive | Suite 320
San Diego, California 92123
www.woodardcurran.com
T 800.426.4262
T 858.875.7400
Via Electronic Mail
August 28, 2020
Jeff Noelte, PhD, PE, BCEE
Director of Engineering & Operations
East Valley Water District
31111 Greenspot Road
Highland, CA 92346
jnoelte@eastvalley.org
Re: Sterling Natural Resource Center, 2020-21 Permit Support
Dear Jeff:
Woodard & Curran is pleased to submit this revised letter proposal to continue supporting the Sterling
Natural Resource Center (SNRC) project with engineering, environmental, and permitting support. We’re
excited to help see this important project through completion. Our proposed scope of work, described
below, is based on our February 6, 2020 meeting to discuss next steps for SNRC permit approvals and
May 1, 2020 meeting with the Salt Nutrient Management Plan (SNMP) parties, along with follow-up email
communications on the subject.
As discussed, East Valley Water District (EVWD) has decided to focus on constructing a recycled water
pipeline and discharge point in Redlands Basins. This shift to discharge of 100% flow to Redlands Basins
is to ensure that SNRC recycled water has a destination as soon as construction is complete, given that
construction of a discharge structure in the City Creek channel/banks may be delayed until after SNRC
construction. The City Creek discharge point has not been eliminated, but put off for future consideration.
With all SNRC (and later City of San Bernardino) recycled water discharge taking place at Redlands
Basins, TDS levels may impact downstream wells differently from the analysis conducted for the current
Report of Waste District (ROWD), which includes submittal of the Title 22 Engineering Report and
Antidegradation Analysis.
The proposed scope of work, described below, includes evaluation of several new alternatives to
mitigating any negative impacts associated with this new operational scenario:
1. Discharge some of the SNRC (and City of San Bernardino) recycled water to City Creek (near
Boulder Ave bridge). This requires pipeline and discharge structure construction, which has
already been contemplated in the existing operational scenario. We will evaluate how much
recycled water should go to City Creek in order to mitigate any negative impacts.
2. Spread State Water Project (SWP) water at Redlands Basins to dilute recycled water
concentration. This requires pipeline construction that is already being contemplated by San
Bernardino Valley Municipal Water District (Valley District). We will evaluate how much SWP
water should go to Redlands Basins in order to mitigate any negative impacts.
3. Remove salt from SNRC and/or City of San Bernardino recycled water prior to discharging to
Redlands Basins. This could be a regional effort (Valley District, City of San Bernardino, and
EVWD) with de-salting facilities located at City of San Bernardino’s water recycling plant due to
brine line access.
East Valley Water District 2 Woodard & Curran, Inc.
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4. Discharge some of the SNRC (and City of San Bernardino) recycled water to RIX. This requires
pipeline construction that is already being contemplated to address the potential of high
groundwater in the future. We will evaluate how much recycled water should go RIX in order to
mitigate negative impacts.
Proposed Scope of Work
Task 1: Finalize Pretreatment Plan
Wastewater treatment plants with a capacity of over 5 million gallons per day (mgd) and that receive
industrial pollutants that could pass through or interfere with operations are required by the Clean Water
Act (https://www.waterboards.ca.gov/water_issues/programs/npdes/pretreat.html) to have a
pretreatment program. The project is required to have a pretreatment program that also meets the
requirements of “enhanced source control” and complies with Section 60320.106 of Title 22 of the
California Code of Regulations.
Subtask 1.1: Draft Pretreatment Plan
Woodard & Curran will prepare a draft of the Pretreatment Plan for SNRC. The Pretreatment Plan will
include the following contents:
• Local Limits for pH, corrosion, temperature, oil and grease, along with any constituents
determined to be needed to protect the SNRC plant and meet Section 60320.106
• SIU List, Sampling and Enforcement Program (not applicable)
• Dental Office Point Source Category requirements (note: evaluation should be completed for
existing dental offices by City of San Bernardino)
• Fats, Oils and Grease (FOG) Program requirements
• Recommended public outreach for commercial and residential users, such as encouraging
proper disposal of household hazard waste and pharmaceuticals
Task 1.2: Final Pretreatment Plan
The Santa Ana Regional Water Quality Control Board (RWQCB) asked for a Pretreatment Plan to be
submitted for RWQCB approval. This document will be submitted for RWQCB review and comments, if
any, will be incorporated into a final draft.
Task 1 Deliverables:
• Draft and final Pretreatment Plan, including Ordinance or Rules and Regulations for adoption by
EVWD Board of Directors
Task 1 Assumptions:
• One round of EVWD comments will be incorporated into the final draft to be submitted to
RWQCB and one round of RWQCB comments will be incorporated into a final document for
EVWD Board of Directors adoption.
• The documents will be provided electronically in Microsoft Word and pdf format and no hard
copies are needed.
• EVWD will provide Woodard & Curran with a list of the current commercial customers connected
to its sewer collection system.
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• Woodard & Curran will not be required to prepare brochures, posters and other items for
distribution to commercial, industrial and/or residential customers. However, Woodard & Curran
has provided this for other customers, such as SAWPA, and can provide this service upon
request.
• The City of San Bernardino’s existing program is in compliance with the RWQCB’s requirements
and do not need significant improvements prior to being used as a model for EVWD’s program.
• Sampling and inspection of commercial users is not required.
• Future potential industrial users will not be evaluated but this service can be provided upon
request.
Task 2: Hydrogeologic Modeling
Subtask 2.1: Hydrogeologic Modeling
This task includes work related to four (4) additional hydrogeologic modeling scenarios to be completed
by Woodard & Curran’s subconsultant, Geoscience Support Services Inc (GSSI). The following scenarios
are currently under consideration, though these may be changed as our permitting strategy evolves:
1. Discharge all SNRC, Redlands WRP, and City of San Bernardino effluent to Redlands Basins
(19.5 mgd total), along with SWP spreading.
2. Discharge SNRC, Redlands WRP, and City of San Bernardino effluent to Redlands Basin,
considering some RO treatment at a regional desalter prior to discharge.
3. Discharge some SNRC (and possibly City of San Bernardino) effluent to a location near EVWD
headquarters, the Conservation District basins, or another basin east of this location, with
remainder to Redlands Basins.
4. Discharge some SNRC effluent at the San Bernardino Colton RIX plant, with the remaining
effluent to be discharged to Redlands Basins.
These model runs are needed to better understand potential negative impacts (e.g. shortened travel time
or increased recycled water contribution [RWC]) due to the above scenarios. GSSI will:
• Run the basin flow model, and analyze results for flow paths and retention times
• Run basin solute transport model and analyze results for recycled water contribution and TDS
at selected wells
A total of four (4) groundwater modeling scenario runs has been budgeted for and will be authorized on
an as-needed basis by EVWD. Outputs will include figures and data such as travel time and RWC
hydrographs. One of the modeling runs has also been budgeted for running the City Creek spreadsheet
model as needed. Hours for Woodard & Curran staff to review and interpret modeling results and provide
direction to GSSI are included, including presentation of the scenario results to RWQCB and Division of
Drinking Water (DDW) in our bi-monthly meetings (see Task 6).
Once a preferred scenario has been identified, those results will be formally written up into a technical
memorandum (TM). This TM will be submitted for EVWD review and comments, if any, will be
incorporated into a final draft.
Subtask 2.2: SNMP Accelerated Evaluation (Localized TDS Impacts)
Woodard & Curran will estimate the localized TDS and Nitrate-N concentrations as a result of the SNRC
and evaluate the cumulative impacts from other operational scenarios and the potential localized impacts
to downstream municipal wells.
East Valley Water District 4 Woodard & Curran, Inc.
EVWD SNRC_2020-21 Letter Proposal_REV26Aug20v4 August 28, 2020
Woodard & Curran will use two datasets coupled with using GIS tools to estimate concentrations of TDS
and Nitrate-N due to the proposed operational scenarios relative to the ambient concentrations. The two
datasets include:
• Ambient concentrations of TDS and Nitrate-N based on the work previously completed by WSC
for the 2020 Recomputation of Ambient Water Quality in the Santa Ana River Watershed, and
• GSSI groundwater model outputs for simulated changes in concentrations of TDS and Nitrate-
N for each of the proposed first four operational scenarios under Task 2 above.
The following key steps would be applied to generate estimated concentrations of TDS and Nitrate-N and
evaluate the potential impacts due to each scenario from Subtask 2.1:
1. Obtain contour maps with the current ambient concentrations of TDS and Nitrate-N for the 1999-
2018 period based on the recomputation performed by WSC in 2020. If available, GIS rasters
used to develop the contour maps will be obtained instead to simplify the process.
2. Obtain increase in concentrations of TDS and Nitrate-N estimated by the GSSI groundwater
modeling analysis for each of the proposed scenarios for 40 years.
3. The model output should be in a raster format with increase in concentrations in each model
grid area covering the Bunker Hill B and downstream municipal wells.
4. Use GIS tools to overlay the increase in concentrations from Step 2 to the ambient
concentrations from Step 1 for each of the scenarios and create a new contour map of TDS and
Nitrate-N based on the concentrations resulting from each scenario. Contour maps will be
prepared for multiple time frames and end-of-simulation. This assumes three time periods for
simulation.
This task assumes that the GIS raster of current and ambient TDS and nitrate-N concentrations can be
provided from the work that WSC produced and that GIS rasters of the change in TDS concentration and
change in nitrate-N concentrations can be provided by GSSI. After this assessment is completed in
tandem with Subtask 2.1 and a preferred scenario is determined, the SNMP evaluation results will be
formally written up into a technical memorandum (TM). This TM will be submitted for EVWD review and
comments, if any, will be incorporated into a final draft.
Task 2 Deliverables:
• Figures and data from up to four (4) groundwater modeling scenario runs
• GIS contour maps of localized TDS and nitrate-N impacts downstream of the SNRC discharge
• Draft and final Hydrogeologic Modeling TM for preferred scenario
• Draft and final SNMP Evaluation TM for preferred scenario
Task 3: Evaluate Revised SNRC Discharge to Redlands Basins
This task involves additional evaluation of the preferred scenario from Task 2 on downstream municipal
wells, including development of permitting strategy, potential mitigation options, and future adjustments
to both of these if food waste is added into the SNRC waste stream.
Subtask 3.1: Permitting Strategy to Address Downstream Impacts
Woodard & Curran will work with EVWD to discuss the groundwater modeling and SNMP evaluation
developed in Task 2, and strategize any adjustments in the proposed operational scenarios in order to
reduce downstream impacts (specifically on the Gage wells). This task will involve development of up to
two (2) short memoranda summarizing new information and/or permitting strategy on potential
downstream impacts. For all deliverables, a draft version will be sent to EVWD for review and comments.
East Valley Water District 5 Woodard & Curran, Inc.
EVWD SNRC_2020-21 Letter Proposal_REV26Aug20v4 August 28, 2020
Following incorporation of comments, the TMs will be revised for use with RWQCB, DDW, or other
stakeholders as appropriate.
Subtask 3.2: TDS Mitigation Plan
Woodard & Curran will develop a TDS Mitigation Plan for use by the RWQCB in making a “maximum
benefit” finding on behalf of the SNRC. This TDS Mitigation Plan will outline the proposed mitigation
measures that EVWD will implement as part of its NPDES or WDR permit to mitigate TDS loading to the
Bunker Hill B basin. The TDS Mitigation Plan will include a proposed description and cost estimates for
each measure, estimated TDS reduction from each measure, triggers for when each measure must be
implemented, and timeline/next steps for measure implementation. This TDS Mitigation Plan will be
submitted to EVWD for review and comments. Following incorporation of EVWD comments, the TDS
Mitigation Plan will be revised and submitted to RWQCB (and possibly shared with other stakeholders)
for their use in developing the permit. A final revised version of the TDS Mitigation Plan will be submitted
to RWQCB following incorporation of their comments.
Subtask 3.3: Food Waste Evaluation
Woodard & Curran will evaluate the potential impacts of addition of food waste processing at SNRC at
some future date. This evaluation will quantify the additional TDS loading that may result from addition of
food waste to the SNRC treatment process, along with possible additional TDS mitigation that may be
necessary to include in the TDS Mitigation Plan in order to reduce downstream impacts. The Food Waste
Evaluation will be submitted to EVWD for review and comments. Following incorporation of EVWD
comments, the Food Waste Evaluation will be revised and submitted to RWQCB for their use in
developing the permit.
Task 3 Deliverables:
• Up to two (2) Permitting Strategy TMs
• Draft, revised draft, and final TDS Mitigation Plan
• Draft and final Food Waste Evaluation
Task 4: Operations Optimization Plan (Monitoring Plan)
Woodard & Curran will develop the monitoring plan for the SNRC project, which will include influent and
effluent sampling of SNRC and sampling of upstream and downstream monitoring wells and production
wells. The monitoring plan is typically developed as part of the Operation Optimization Plan (OOP)
required for groundwater recharge projects per Section 60320.122 of Title 22, California Code of
Regulations. Therefore, we suggest the monitoring plan task be expanded into the OOP to cover this
additional regulatory requirement that the current design/build team does not have in their scope. The
monitoring plan sections can be completed early as needed for submittal to DDW, RWQCB, and
downstream affected water systems.
The OOP is due to DDW and RWQCB for conditional approval prior to project startup. Woodard & Curran
will prepare a comprehensive Operation Optimization Plan (OOP) for submittal to and approval by DDW.
The OOP will conform with Section 60320.122 and will use the best practices learned from other
groundwater recharge projects. A draft outline of the OOP is included below.
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OOP Draft Section Titles
1. Introduction - Overall description of the project, including the sewershed, SNRC, Conveyance
to City Creek and/or Redlands Basins, Bunker Hill-B Groundwater Basin and introduction to all
subsystems by work area and function
2. Sewershed
3. SNRC* - Including 3.1) Membrane Bioreactor, and 3.2) Ultraviolet Disinfection
4. Effluent Pump Station and Conveyance*
5. Bunker Hill-B Groundwater Basin and Monitoring Wells*
6. Plant Utilities – Introduction, process components, process analysis, control and
troubleshooting, preventative maintenance, description of power, backup power, water supply,
waste disposal for processes
7. Process Control System Overview* - including plant startup and shutdown standard
operating procedures.
8. Water Quality Monitoring – Introduction to components 3 through 5 with respect to water
quality and reporting requirements
9. Staffing, Quality Assurance and Contingency Plans - Staffing plan; organizational chart with
roles; responsibility matrix for each facility, including assignments to specific unit process
area(s); laboratory and quality assurance procedures; contingency plan; emergency contact
numbers for plant staff and regulatory agencies
Appendices
• Screenshots of HMI and/or SCADA screens;
• Sample operator staffing schedules;
• List of backflow prevention devices and testing records; and
• Detailed instrumentation and alarm table that includes description, tag number, units, range,
alarm limits (Hi, Hi-Hi, Lo, and Lo-Lo), alarm access, time delay and response to alarm.
*Section includes description (description of facilities or unit processes, functional overview/role in treatment process
and regulatory requirements), design data (data used for unit process design under various flow regimes), process
schematics (schematics for unit processes, including operation, mechanical, electrical, elements, interrelationships
with other unit operations), control (control strategy and instrumentation provided for unit processes), operations
(process operation modes, troubleshooting procedures, standard operating procedures, emergency procedures,
operations staffing), alarms (description of alarm triggers and response/actions), equipment (maintenance activities,
mechanical troubleshooting, safety, identification of critical components, timeline to procure), safety (safety procedures
for equipment operation, chemical handling and spills, response procedures for emergencies), process performance
monitoring (description of data logging procedures, analysis, assignments, preparation of data summaries).
Subtask 4.1: OOP Outline and First Draft OOP
Woodard & Curran will prepare a draft OOP outline and submit it to EVWD for review and comment. After
incorporating EVWD comments, the outline will be sent to DDW and RWQCB for concurrence before
developing the OOP sections. An administrative draft of the OOP will be developed and submitted to
EVWD for review and comment. After receipt of EVWD’s comments, Woodard & Curran will incorporate
all applicable comments and prepare a Final Draft OOP for review by DDW and RWQCB.
Assuming startup and commissioning begins in October 2021, DDW recommends that operations plans
be submitted at least six months prior to start up to allow staff time to review It is anticipated that the
admin draft should be submitted to EVWD by January 31, 2021 to allow 30 days for EVWD comment and
time to incorporate the comments prior to submittal of the first draft OOP to DDW by February 28, 2021.
East Valley Water District 7 Woodard & Curran, Inc.
EVWD SNRC_2020-21 Letter Proposal_REV26Aug20v4 August 28, 2020
This will allow DDW approximately three months to complete an initial review and determine if additional
information is needed prior to development of the second draft OOP.
Subtask 4.2: Second Draft OOP for DDW Conditional Approval
The first draft OOP will be updated during startup and commissioning and submitted to EVWD for review.
The draft basin tracer test protocol (to be completed by others) can be included, but it is anticipated that
the final tracer study results will not be ready until several months after the beginning of injection. After
receipt of EVWD’s comments, Woodard & Curran will incorporate all applicable comments and prepare
a Final Draft OOP for review by DDW and RWQCB. Assuming startup in October 2021, the second draft
OOP will be submitted by September 1, 2021 to DDW. This would require the admin draft of the second
draft OOP to be submitted to EVWD by August 1, 2021 in order to allow time for EVWD review and
incorporation of EVWD comments.
Task 4 Deliverables:
• OOP Outline
• Admin First Draft OOP to EVWD
• Final First Draft OOP for DDW Submittal
• Admin Second Draft OOP to EVWD
• Final Second Draft OOP for DDW/RWQCB Submittal
Task 4 Assumptions:
• The treatment process validation (startup/commissioning plan) required by 60320.100(g) will be
prepared by the design/build team and that an Operations and Maintenance Plan for the plant
is available in order to produce the OOP draft.
• An updated OOP is required to be submitted within six months of the first year of operation. This
proposal does not include development of the final updated OOP due in approximately 2023.
• This proposal does not include development of draft basin tracer test protocol; however, this
service can be included upon request. GSSI has developed test protocols for other groundwater
recharge projects for DDW approval.
Task 5: Updates to Permit Submittals
Woodard & Curran will revise each of the three (3) permit submittals necessary for the NPDES process
once a preferred scenario is identified in Task 2. The following updates will be completed.
Subtask 5.1: Updates to the Title 22 Engineering Report for Final Project
This task involved revisions and modifications to the Title 22 Engineering Report to incorporate the final
preferred operational scenario from Task 2. Woodard & Curran will incorporate revisions, as needed, to
reflect more accurate operational information, associated downstream impacts, and mitigation activities.
A revised draft Engineering Report will be provided to EVWD for review. Following incorporation of EVWD
comments, the revised draft Engineering Report will be provided to DDW and RWQCB for review. DDW
and RWQCB comments will be incorporated and a final Engineering Report will be produced. This task
assumes two additional revisions will be necessary before the final NPDES permit is issued.
Subtask 5.2: Second DDW Public Hearing, If Needed
If needed, a second public hearing in coordination with DDW staff will be planned and implemented to
invite public comment on the final project. Woodard & Curran will prepare an updated presentation for
the public hearing and will conduct up to two (2) rehearsals with EVWD and DDW staff prior to the hearing.
East Valley Water District 8 Woodard & Curran, Inc.
EVWD SNRC_2020-21 Letter Proposal_REV26Aug20v4 August 28, 2020
Subtask 5.3: Updates to the Antidegradation Analysis for Final Project
This task involved revisions and modifications to the Antidegradation Analysis to incorporate the final
preferred operational scenario from Task 2. This task will also include additional revisions to the
Antidegradation Analysis based on comments submitted by Santa Ana RWQCB and/or DDW as it relates
to the final project. A revised draft Antidegradation Analysis will be provided to EVWD and DDW/RWQCB
for review. Following incorporation of comments, the final Antidegradation Analysis will be provided to
Santa Ana RWQCB.
Subtask 5.4: Updates to the Report of Waste Discharge for Final Project
This task involved revisions and modifications to the Report of Waste Discharge (ROWD) to incorporate
the final preferred operational scenario from Task 2. Woodard & Curran will incorporate revisions, as
needed, in response to changes in the Antidegradation Analysis and/or Title 22 Engineering Report. A
revised draft ROWD will be provided to EVWD and RWQCB for review. Following incorporation of
comments, the final ROWD will be provided to RWQCB.
Task 5 Deliverables:
• Revised Draft and Final Title 22 Engineering Report
• Revised Draft and Final Antidegradation Analysis
• Revised Draft and Final ROWD
Task 6: RWQCB-DDW Additional Status Meetings and Coordination
Woodard & Curran will continue to coordinate and attend bi-monthly RWQCB-DDW meetings through
the end of 2021. This task also involves review and comments on the DDW Conditional Approval Letter
and RWQCB Tentative Order.
Subtask 6.1: Bimonthly RWQCB/DDW Meetings and Preparation
This task assumes continued bimonthly 90-minute meetings with DDW and RWQCB to be held at the
Santa Ana RWQCB office in Riverside. It is assumed that seven (7) bimonthly meetings will be held
between October 2020 and December 2021. This task includes preparation of a draft agenda and
Powerpoint slide deck to be reviewed with EVWD at a one-hour conference call approximately one week
before each meeting. Woodard & Curran will finalize the agenda and slide deck based on EVWD input.
After the meetings, Woodard & Curran will draft meeting notes for EVWD review.
Hours for GSSI to attend the bimonthly meetings and assist with slide deck preparation are included.
Hours for GSSI to discuss the completed model runs with Jan Stepek of SWRCB are also included.
Subtask 6.2: Review DDW Conditional Approval Letter and Administrative Draft Order
Woodard & Curran will review the DDW Conditional Approval Letter and develop a redline-strikeout
Microsoft Word version of the letter to show comments, including specific justification for substantive
changes. Woodard & Curran will hold a conference call with EVWD staff to discuss and compile
comments on the conditional approval letter, and then prepare comments for submittal to DDW. The
budget for this task assumes that there will be one Conditional Approval Letter.
Woodard & Curran will review the administrative draft NPDES permit and develop a redline-strikeout
Microsoft Word version of the permit to show comments, including specific justification for substantive
changes. Woodard & Curran will hold a conference call with EVWD staff to discuss and compile
comments on the administrative draft, and then prepare comments for submittal to RWQCB. The budget
for this task assumes that there will be one administrative draft permit issued by the RWQCB.
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EVWD SNRC_2020-21 Letter Proposal_REV26Aug20v4 August 28, 2020
Subtask 6.3: Conduct Negotiations during Public Comment Period
Woodard & Curran will prepare a formal comment letter on the Tentative Order issued by RWQCB, for
submittal to RWQCB. Comments on a Tentative Order are typically more detailed and comprehensive
than comments on administrative drafts because the Tentative Order comments are submitted for the
public record and can be used in an appeal or for other actions on the permit. The Tentative Order
comments may require additional research for citations of precedent-setting activity and will cover
aspects of the permit that EVWD wishes the RWQCB staff to revise or that EVWD could desire to appeal.
Either before or after the Tentative Order comments are submitted, it may be appropriate to meet with
RWQCB staff to negotiate specific items. The budget for this task assumes that there will be one version
of the Tentative Order and one in-person meeting with RWQCB staff.
Subtask 6.4: Prepare for RWQCB Hearing
Prior to the RWQCB hearing, RWQCB staff will issue a draft Response-to-Comments, as well as a revised
Tentative Order. Woodard & Curran will review these documents for consistency with previous
negotiations and check for new issues that may need to be discussed with RWQCB staff.
The most desirable approach for the public hearing is for the permit to be placed on the consent calendar
because there are no objections. However, if the permit is placed on the regular calendar, Woodard &
Curran will assist EVWD in selecting speakers and preparing oral testimony for the RWQCB hearing.
Preparation of materials will be conducted as budget permits.
Task 6 Deliverables:
• Agendas and Powerpoint slide deck for each bimonthly meeting with DDW/RWQCB
• Draft and final comment letter and markups on the Conditional Approval Letter from DDW
• Draft and final comment letter and markups on the administrative draft Tentative Order by
RWQCB
• Draft and final comment letter on draft Tentative Order by RWQCB
• Draft and final oral testimony for the RWQCB Hearing
Task 6 Assumptions:
• Meetings will be held at the Santa Ana RWQCB office in Riverside and will consist of one 90-
minute meetings every two months, for a total of seven (7) meetings between October 2020 and
December 2021.
• Budget includes time for internal QA/QC review of the deliverables (Conditional Approval Letter
and Tentative Order markups).
Task 7: Project Management and Coordination
Subtask 7.1: Project Management and Coordination
This task consists of completing monthly invoices and progress reports to track and report work performed
on the project.
Task 7 Deliverables:
• Monthly invoices/progress reports (15 months) – October 2020-December 2021
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Proposed Fee Estimate
Woodard & Curran proposes to complete the work outlined in this scope for a fee not to exceed $270,970
to be billed on a time and materials basis. A proposed fee estimate is attached as Exhibit A.
Please do not hesitate to contact me if you have any questions about this proposal.
Sincerely,
Rosalyn Prickett
Senior Water Resources Planner
Principal
cc: Erica Wolski
Exhibit A: FEE ESTIMATE
Fee Estimate
East Valley Water District August 28, 2020
Sterling Natural Resources Center, 2020-21 Permit Support
Phases/Tasks Total
Principal /
Senior Project
Manager
Project
Manager
Regulatory
Engineer 3
Regulatory
Engineer 1
Technical
Manager
Groundwater
Engineer 3 Admin.Sub
Rosalyn
Prickett Erica Wolski Elisa Lee Ally Davis Sevim Onsoy Zachary Roy Jen
Sindermann
$289 $289 $217 $166 $273 $192 $113Task 1: Finalize Pretreatment Plan
1.1 Draft Pretreatment Plan 4 2 2 8 $1,922 $0 $0 $1,922
1.2 Final Pretreatment Plan 4 2 12 18 $3,582 $0 $0 $3,582
Subtotal Phase 1:0 8 4 14 0 0 0 26 $5,504 $0 $0 $0 $0 $5,504
Task 2: Hydrogeologic & SNMP Modeling for Downstream Impacts
2.1 Hydrogeologic Modeling 30 36 12 78 $21,678 $64,000 $67,200 $0 $88,878
2.2 SNMP Accelerated Evaluation (Localized TDS Impacts)4 8 8 32 60 112 $25,460 $6,000 $6,300 $0 $31,760
Subtotal Phase 2:34 44 20 0 32 60 0 0 $47,138 $70,000 $73,500 $0 $0 $120,638
Task 3: Evaluate Revised SNRC Discharge to Redlands Basins
3.1 Permitting Strategy to Address Downstream Impacts 4 4 12 24 44 $8,900 $0 $0 $8,900
3.2 TDS Mitigation Plan 4 4 20 40 68 $13,292 $0 $0 $13,292
3.3 Food Waste Evaluation 2 12 2 20 36 $7,800 $0 $0 $7,800
Subtotal Phase 3:10 20 34 84 0 0 0 148 $29,992 $0 $0 $0 $0 $29,992
Task 4: Operations Optimization Plan (Monitoring Plan)
4.1 OOP Outline and First Draft OOP 4 18 120 142 $24,982 $0 $0 $24,982
4.2 Second Draft OOP for DDW Conditional Approval 4 12 60 76 $13,720 $0 $0 $13,720
Subtotal Phase 4:0 8 30 180 0 0 0 218 $38,702 $0 $0 $0 $0 $38,702
Task 5: Updates to Permit Submittals
5.1 Updates to the T22 Report for Final Project 2 8 20 30 $5,634 $0 $100 $110 $5,744
5.2 Second DDW Public Hearing, If Needed 4 10 4 18 $4,914 $0 $100 $110 $5,024
5.3 Updates to the Antidegradation Analysis for Final Project 2 2 6 8 18 $3,786 $0 $0 $3,786
5.4 Updates to the ROWD for Final Project 2 2 6 8 4 22 $4,239 $0 $100 $110 $4,349
Subtotal Phase 5:8 16 24 36 0 0 4 88 $18,573 $0 $0 $300 $330 $18,903
Task 6: DDW and RWQCB Coordination
6.1 Bimonthly RWQCB/DDW Meetings and Preparation (6 mtgs)36 36 72 $20,808 $4,400 $4,620 $1,100 $1,210 $26,638
6.2 Review DDW Conditional Approval Letter & Administrative Draft Order 2 4 8 24 38 $7,454 $0 $0 $7,454
6.3 Conduct Negotiations During Public Comment Period 8 4 8 24 44 $9,188 $0 $0 $9,188
6.4 Prepare for RWQCB Public Hearing 8 8 12 28 $7,228 $0 $100 $110 $7,338
Subtotal Task 6:54 52 28 48 0 0 0 182 $44,678 $4,400 $4,620 $1,200 $1,320 $50,618
Task 7: Project Management and Coordination
7.1 Project Management and Coordination (15 months)2 15 15 32 $6,613 $0 $0 $6,613
Subtotal Task 7:2 15 0 0 0 0 15 32 $6,613 $0 $0 $0 $0 $6,613
TOTAL 108 163 140 362 32 60 19 694 $191,200 $74,400 $78,120 $1,500 $1,650 $270,970
2. Subconsultants will be billed at actual cost plus 5%.
3. Other direct costs (ODCs) such as production, delivery, mileage (rates will be those allowed by current IRS guidelines), and travel expenses, will be billed at actual cost plus 10%.
1. The individual hourly rates include salary, overhead and profit.
4. W&C reserves the right to adjust its hourly rate structure and ODC markup at the beginning of the calendar year for all ongoing contracts.
Labor Outside Services ODCs
Total Hours Total Labor
Costs (1)
Sub Consultant
Total Cost (2)ODCs Total ODCs
(3)
Total
Fee
GSSI
1 of 1
B O AR D AGE N D A S TAF F R E P ORT
Agenda Item #5.
Meeting Date: S ep temb er 9, 2020
Dis c ussion Item
To: G o verning Board Memb ers
F rom: G eneral Manager/C EO
Subject: C ons id er No tic e to P ro ceed with Headquarters Bo ard room and P lant 134 R emodel
R E C O MME N D AT IO N:
S taff rec o mmends that the G overning Bo ard o f Direc tors Autho rize the G eneral Manager/C E O to issue a
no tic e to p roc eed to Balfo ur Beatty fo r the cons truc tion of the Headquarters Bo ardroom and P lant 134
R emodel.
B AC KGR O UN D / AN ALYS IS :
Maintaining fac ilities that meet the need s o f essential activities d uring b o th emergenc y and no n-emergency times
is at the core of the District's mis s io n. As a result o f rec ent emergency p rep ared nes s planning exerc is es ,
id entifying and implementing areas for imp rovement is the next p has e of the on-go ing proc ess.
P ro jects to addres s needs identified in the R isk and R esiliency As s es s ment alo ng with the Hazard Mitigatio n
P lan projec ts relating to thes e d o cuments loc ated at P lant 134, the Head quarters Bo ard room, and the C us tomer
S ervic e work area are being c o ns id ered as one effo rt. Work would take p lace over ap p ro ximately 12 weeks in a
coordinated manner at both fac ilities. Elements includ e making s ec urity enhanc ements, inc reas ing the flexib ility of
the Boardroo m arrangements, cultivating the collaborative communic atio n ability at the d ais, imp ro ving the
functio nality of workspac e, and implementing technologic al modificatio ns.
Balfour Beatty wo uld b e managing this construc tion ac tivity with the sup p ort of multip le s ub c o ntracto rs ,
p artic ularly C asto n, Inc . T his projec t will piggy-b ac k on the p ro c urement proc edures fo llo wed fo r the S terling
Natural R es o urc e C enter, benefit from economies o f s c ale, and maximize the mo b ilization o f sub contracto rs .
O riginally intend ed to be c o mp leted in late F Y 2020-21 and early F Y 2021-22, the c urrent facility c lo s ure
req uired by C O VID-19 wo uld allow fo r minimal impac ts to the community and for s c heduled activities s uch as
Dis tric t ho s ted events, mo b ilizatio n of the District Emergenc y O p erations C enter (if need ed ), and use for private
events to res ume o nc e allo wed by health officials. T his item had b een p revious ly bud geted, however it was no t
completed and b udgeted funds had been returned to reserves .
T his p ro jec t s upp o rts the District’s commitment to emergenc y preparedness and enhanc ing the q uality of life for
o ur community.
AG E N C Y G O ALS AN D OB J E C T IVE S :
R ecommended b y:
Jo hn Mura
G eneral Manager/C EO
R espec tfully sub mitted:
Kelly Malloy
Direc tor o f S trategic S ervic es
G o al and O bjec tives I I I - Deliver P ublic S ervic e with P urpose W hile Emb rac ing C ontinuo us G rowth
a) Ad vanc e Emergency P repared ness Effo rts
G o al and O bjec tives I V - P romo te P lanning, Maintenanc e and P res ervatio n o f Dis tric t R esources
a) Develop P ro jec ts and P ro grams to Ens ure S afe and R eliable S ervices
F IS C AL IMPAC T
T his item will b e funded with $142,000 F Y 2020-21 C ap ital Improvement bud get and $330,000 from reserve
funds fo r a c o mb ined to tal o f $472,000.
B O AR D AGE N D A S TAF F R E P ORT
Agenda Item #6.
Meeting Date: S ep temb er 9, 2020
Dis c ussion Item
To: G o verning Board Memb ers
F rom: G eneral Manager/C EO
Subject: C ons id er Memorandum of Unders tand ing between East Valley Water Distric t and the Eas t Valley
Water District Emplo yee P artnership and No n-Designated Emp lo yees ' S alaries , Benefits and
R elated P ro grams
R E C O MME N D AT IO N:
S taff rec o mmend s that the Bo ard of Direc tors approve the M emorandum of U nderstanding (M O U ) between the
E ast Valley Water D istrict (D istrict) and the E ast Valley Water D istrict E mployee P artnership and N on-
R epresented E mployees’ S alaries, B enefits and R elated P rograms
B AC KGR O UN D / AN ALYS IS :
In early Marc h 2020, Dis tric t dis c us s io ns began with the Eas t Valley Water Dis tric t Emp lo yee P artners hip
(E VW DEP ) rep res entatives to begin negotiating emp loyee s alaries and b enefits, as the c urrent c o ntrac t was s et
to expire on June 30, 2020.
Unfortunately, the C O VID–19 pandemic hit mid-way thro ugh the nego tiations p roc es s . S tay-at-ho me orders
were imp lemented, and the loc al, state, and natio nal ec onomy were s everely imp acted .
Unders tand ing the diffic ulties of this time, Dis tric t s taff thought it wo uld b e best to p ut nego tiations o f salaries
and benefits o n ho ld and extend the c urrent MO U until the Dis tric t could as s es s the overall imp ac ts of C O VI D-
19 and d etermine the b es t time to move forward . T he EVW DE P memb ers hip cond uc ted a vote and the res ult
was a unanimous decision to extend the c urrent MO U up to six months.
As with other Dis trict programs , s taff q uickly ad justed to the inc reased expec tatio ns and b ec ame familiar with
tools that fac ilitated virtual d is c ussions . T hrough the us e of thes e new techno lo gies and maximum operatio nal
flexibility, the Dis tric t was able to resume nego tiatio ns with staff in Augus t.
O n Augus t 27, 2020, a negotiations meeting was held between EVW DEP repres entatives , the G eneral
Manager/C EO and Human R es o urc es Manager. T he G eneral Manager/C EO c ommunic ated the p ro posals that
the District was c o mfortab le moving fo rward with and rec ommended alternatives that b etter suited fo r the
Dis tric t, s taff and o ur ratep ayers . O verall, it was a s uc c es s ful meeting and both parties were p leas ed .
O n S eptember 1, 2020, the repres entatives met virtually with E VW DEP memb ers to d is cus s the propos als
which were authorized to mo ve fo rward . After the initial dis c us s io n was o ver, they req ues ted the Human
R es o urc es Manager come in fo r a b rief ques tion and ans wer s es s io n. T he members sho wed s upport fo r mo ving
the propos als forward and cond ucted a s ec ret b allo t elec tion regarding the c o ntrac t items whic h res ulted in 100%
o f the membership voting to ratify the MO U.
T hro ughout this same time, the G eneral Manager/C EO and Human R es o urc es Manager had similar d is cus s io ns
with the District’s no n-rep res ented s taff. T he Non-R epres ented Employees ’ S alaries , Benefits and R elated
P ro grams d o cument does not require a vote; ho wever, all non-represented s taff are in s uppo rt of the doc ument’s
contents .
T he fo llo wing is a summary of the agreed upon amend ments to the MO U and No n-R ep res ented Employees ’
d o cument:
1. T hree-year c o ntract for the term July 1, 2020 – June 30, 2023
2. C o s t o f Living Increas es
Year 1: 5% C O L A, eliminates c omp ensatio n philo s o p hy o f market median (–) 5%.
Year 2: S alary survey o f all p o s itions imp lemented o ver two years if recommend ed
increas e is o ver 10%.
Year 3: 2% C O L A
3. Inc reas e to the Dis tric t’s 457 Deferred C o mpens ation Match
$25 increas e per mo nth for E VW DE P
$50 increas e per mo nth for non-represented employees
4. Inc reas e to the Dis tric t’s retiree medic al c o ntribution
$50 increas e per mo nth for all 3 years
5. Ad justment to annual vacatio n leave ac crual
Dec reas e in numb er of years of s ervice fro m 3-15 to 3-10 for the 6.15-hour ac c rual b enefit
Dec reas e in numb er of years of s ervice fro m 15+ to 10+ for the 8-hour acc rual benefit
6. Ad d itional relatives ad d ed to the Immed iate F amily d efinition under Bereavement Leave
7. Inc reas e in Dis tric t Bo o t Allowance fro m $300 - $400 per year
8. Agreement to analyze dental p lans and potentially selec t ano ther gro up plan
9. Inc reas e the S enio r and Exec utive C ell P hone Monthly Allo wance from $100.00 to $120.00/mo nth
and B i-Annual P hone Replacement or U pgrade from $200.00 to $600.00 B i-Annually
T he agreed up o n amendments above have b een inc o rp o rated into the attac hed Memorand um of Understanding
b etween the East Valley Water District and the Eas t Valley Water Dis tric t Employee P artnership and No n-
R ep res ented Emp lo yees ’ S alaries , Benefits and R elated P ro grams doc ument.
AG E N C Y G O ALS AN D OB J E C T IVE S :
G o al and O bjec tives I I - Maintain a C ommitment to S us tainab ility, Transparenc y, and Ac c o untability
a) P rac tice Trans parent and Ac countab le F is cal Management
G o al and O bjec tives I I I - Deliver P ublic S ervic e with P urpose W hile Emb rac ing C ontinuo us G rowth
c) P ro mote a P o s itive O rganizational C ulture
R E VIE W B Y O T HE R S :
R ecommended b y:
Jo hn Mura
G eneral Manager/C EO
R espec tfully sub mitted:
Kerrie Bryan
HR / R is k and S afety Manager
R E VIE W B Y O T HE R S :
T his agenda item has b een reviewed by the Administration Dep artment, the F inanc e Department and the
EVW DEP R epres entatives .
F IS C AL IMPAC T
T he table below pres ents the inc remental c os ts fo r eac h year of the three-year c o ntract.
Year 1 Year 2 Year 3
To tal C ost $382,013.21 $333,469.39 $270,812.29
* T he postponement of negotiations and M O U extension resulted in an approximate savings of $64K in Year 1.
ATTACH M E N TS:
Description Type
Memorandum of Understanding Between the East Valley
Water District and the East Valley Water District Emplo ye e
P artnership, J uly 1, 2 020-J une 30 , 2023
Backup Material
Non-Represented Employees' Salaries, Benefits and
Related P rograms, J uly 1, 202 0-J une 30, 20 23 Backup Material
0
TABLE OF CONTENTS
ARTICLE TITLE PAGE NO.
1 Designation of Parties 1
2 Purpose 1
3 Term 2
4 Compensation 2
5 Membership Dues 5
6 Working Out of Classification 5
7 Health and Welfare Benefits 6
8 Deferred Compensation Match 7
9 Computer Purchase Program 8
10 Standby 8
11 Call Back 8
12 Certification Incentive Pay 9
13 Hours of Work 10
14 Overtime 11
15 Sick Leave 11
16 Vacation 17
17 Bereavement Leave 18
18 Holidays 19
19 Absence Without Pay 20
20 Authorized Leave 20
21 Probationary Period 21
22 Separability 21
23 Uniforms 21
24 Employee Retention Incentive Program 22
25 Retiree Health Insurance 22
26 Retirement – PERS Contract 23
APPENDICES
Appendix A Salary Schedule 25
Appendix B Salary Range 27
1
MEMORANDUM OF UNDERSTANDING
BETWEEN THE EAST VALLEY WATER DISTRICT
AND THE
EAST VALLEY WATER DISTRICT EMPLOYEE PARTNERSHIP
ARTICLE 1
DESIGNATION OF PARTIES
This Memorandum of Understanding (MOU) constitutes an agreement between
the designated representatives of the East Valley Water District (District) and
representatives of the East Valley Water District Employee Partnership
(Partnership). The Partnership is the exclusively recognized employee
organization, representing all classifications in the unit, as set forth below:
Accounting Technician Meter Reader II
Administrative Assistant Senior Accounting Technician
Customer Service Representative I Senior Customer Service Representative
Customer Service Representative II Senior Field Service Worker
Customer Service Representative III Senior Treatment Plant Operator
Equipment Mechanic III Senior Water Production Operator
Facilities Maintenance Coordinator Storekeeper/Buyer
Facilities Maintenance Worker Water Production Operator I
Field Service Worker I Water Production Operator II
Field Service Worker II Water Production Operator III
Field Service Worker III Water Quality Coordinator
Meter Reader I Water Quality Technician
ARTICLE 2
PURPOSE
The parties to this Memorandum of Understanding (MOU) agree that its purpose
is to confirm and maintain a spirit of cooperation between the District
2
and the general employees of the District. The District and the Partnership will
strive to promote a harmonious relationship between the parties, through this
MOU, that will result in benefits for the District and provisions of continuous and
uninterrupted services.
Except as otherwise expressly modified by this MOU, the Personnel Rules and
Administrative Policies and Programs Manual shall remain in full force and effect
as written.
ARTICLE 3
TERM
This MOU shall be effective as of July 1, 2020 upon ratification of the Partnership
and approval by the full District's Board of Directors. It shall remain in full force
and effect through June 30, 2023 and from month to month thereafter or until
such time as agreement has been reached on a successor MOU.
ARTICLE 4
COMPENSATION
Cost of Living Adjustments (COLAs) – The following COLAs and/or
compensation survey will be implemented during the term of this three (3) year
contract:
Year 1 - Five percent (5%) COLA effective September 12, 2020.
Year 2 – Compensation Survey Conducted – The District will partner with a
business services consultant to conduct a compensation and classification survey
of all positions. Those positions with a salary found to be under the market median
will receive pay increases accordingly to bring the classification’s salary up to the
market median effective July 3, 2021.
3
If a classification’s salary is found to be paid 1% to 10% under the market median,
the employees within the classification will receive the full recommended pay
increase in the effective fiscal year.
If a classification’s salary is found to be paid 11% or greater under the market
median, the employees within the classification will receive approximately half of
the increase in the effective fiscal year and the remainder of the increase in the
following fiscal year, as recommended by the consultant.
Classifications with a salary found to be above the market median will be Y-rated
with the salary frozen until the classification’s salary no longer exceeds the market
median. Y-rated positions will be evaluated annually to assess eligibility of
eliminating Y-rated status.
Year 3 - Two percent (2%) COLA effective July 2, 2022.
Salary Schedule - Refer to Appendix A for the Salary Schedule effective
September 12, 2020.
Pay for Performance - The Pay for Performance Program is a discretionary
incentive program that allows for up to an additional five percent (5%) of base
salary, aligned with the performance review cycle, to be paid out annually in lump
sum form for commendable performance. Employees are eligible for the program
upon completion of probation.
Pay for Performance is utilized for those employees whose performance
consistently meets or exceeds expectations as defined by efforts toward divisional
and personal goal achievement, successful ratings on evaluation core
competencies, and for those who have been identified as giving world class
customer service, have established more efficient business processes, or
generate ideas resulting in cost savings for the District.
An employee must at least “meet expectations” in all core competencies on their
annual Performance Evaluation to be eligible for this program. It is at the
4
supervisor’s discretion to determine the percentage recommendation for their
staff’s Pay for Performance incentive. Also, an employee may not have received
formal discipline during the rating period to be considered eligible for this
program.
Employees with performance that either “Meets Expectations,” “Exceeds
Expectations,” or “Far Exceeds Expectations,” will have the opportunity to
participate in the Pay for Performance Program and have the potential to earn a
lump sum payment of up to 5% of base salary.
If base pay is above the maximum: Employees with pay frozen at or above the
maximum of their range and perform at “Meets Expectations,” “Exceeds
Expectations,” or “Far Exceeds Expectations,” will have the opportunity to
participate in the Pay for Performance Program and have the potential to earn a
lump sum payment up to 5% above the range maximum.
Pay for Performance Evaluation Procedure - The process for the Pay for
Performance evaluation is as follows:
1. Core competencies, goals and objectives will be determined at the
beginning of the fiscal year.
2. Supervisors and managers will meet with staff to communicate
Department and individual goals as well as recommended actions staff
should take to achieve these goals.
3. Prior to the end of the rating period (June 30th), staff will be asked to
complete a self-evaluation relating to the core competencies, goals and
objectives, and overall performance for their supervisor to review.
4. At the end of the rating period, after self-evaluations are submitted, a
performance evaluation will be completed to document each employee’s
accomplishments relative to the core competencies, goals and
objectives, and overall employee performance. This will assist the
5
supervisor in determining eligibility and the percentage recommendation
for the Pay for Performance incentive.
5. The General Manager/CEO or designee will review all incentive
recommendations and give final approval.
6. Incentive checks will be distributed on the first Friday of the new fiscal
year, unless July 4th happens to fall on the first Friday of the new fiscal
year then the incentive check will be distributed on the second Friday of
the fiscal year.
7. If an employee does not agree with the incentive percentage
recommended by their supervisor, they may speak with Human
Resources, and if the issue is not resolved, they may request a meeting
with the General Manager/CEO.
ARTICLE 5
MEMBERSHIP DUES
The dues for regular membership of the Partnership shall be set by the Partnership
at whatever level is necessary to maintain membership. Membership dues will not
be collected during the term of this three (3) year contract. In the future, if a
majority of the membership vote to collect dues, a membership meeting will be
scheduled according to the Partnership Bylaws to determine the start date for
collection of dues and to establish the dues deduction amount.
ARTICLE 6
WORKING OUT OF CLASSIFICATION
Employees in the unit assigned to work in a higher classification in excess of ten
(10) consecutive working days, upon supervisor recommendation, will be granted
a five percent (5%) salary increase or the "A" step of the higher classification,
whichever is greater, for all time worked in the higher classification beginning with
the eleventh (11th) work day, except for an employee in a trainee status.
6
Increases in pay may be granted to recognize the temporary assignment of more
difficult duties requiring a greater level of skills. "Selected positions may be
authorized additional compensation, rather than being reclassified to a higher
level". Temporary assignments as provided herein will not exceed one (1) year
and shall not be used to avoid reclassification of the affected position. Increases
in pay shall be temporary so long as the higher-level duties are assigned and
performed. All such increases shall be authorized by the General Manager/CEO
and shall not affect an employee's step advancement in the base range.
ARTICLE 7
HEALTH AND WELFARE BENEFITS
Percentage Based Employer Contribution Plan - Effective January 1, 2017, the
Flexible Benefit Plan was eliminated and replaced by the Percentage Based
Employer Contribution Plan (PBECP).
A. PEMHCA Contribution - The District will pay the Public Employees'
Medical & Hospital Care Act (“PEMHCA”) minimum contribution for
employees enrolled in the CalPERS Health Program through the District.
This amount is set by CalPERS annually. For 2020, the minimum
contribution is $139.00 per month. For 2021, the minimum contribution is
$143.00 per month.
B. Health Insurance - In addition to the PEMCHA minimum contribution, all
Partnership members shall be eligible to participate in the PBECP. The
PBECP covers the difference between the PEMHCA minimum contribution
and 90% of health benefit premiums for employees and their qualified
dependents up to the cost of the benchmark plan (Blue Shield for the term
of this contract) for the benefit year. Employees will be responsible for
covering the remaining 10% of the health benefit premium costs, and any
additional costs incurred by selecting a health plan above the benchmark
plan.
7
C. Dental and Vision Insurance - The District will cover 100% of the employee’s
selected group dental and vision plans for employees and their qualified
dependents.
D. Declination/Withdrawal Provision - A declination/withdrawal provision is
included to allow employees with alternative coverage to opt-out of the
District’s health benefits plan. Employees must show proof of alternative
coverage annually. There is no cash-in-lieu provision associated with
declining the District’s benefits.
Life Insurance - The District will pay the premiums for $100,000 Life and AD&D
Insurance Policies for all Partnership members.
Coverage During Leave of Absence - In accordance with Section 7.03 – E of the
District’s Personnel Rules, the District will continue contributions for health, dental,
vision, and life insurance premiums for a period not to exceed four (4) months
during any approved medical leave, or during any period in which the employee
has accrued leave time and is utilizing this leave time, whichever occurs later. If an
employee wishes to continue coverage after the four-month period, the employee
will be responsible for paying the District the premiums one month ahead of
coverage.
Flexible Spending Account - The District shall offer a Flexible Spending Account
for the benefit of its employees. This program is in accordance with the provisions
of IRS Publication 969.
ARTICLE 8
DEFERRED COMPENSATION MATCH
Effective September 12, 2020, the District will match contributions of up to
$100.00 per month for employees currently enrolled and participating in the 457
Deferred Compensation plan.
8
ARTICLE 9
COMPUTER PURCHASE PROGRAM
Full-time, non-probationary employees will have the opportunity to participate in
the Computer Purchase Program which provides an interest free loan where
employees can choose from a selection of computers, laptops, tablets, printers
purchased by the District to be paid back through payroll deduction. Please
reference the District’s Computer Purchase Program document which sets
guidelines and limitations for the terms and conditions of the program.
ARTICLE 10
STANDBY
Employees assigned to standby status shall be compensated at the rate of $40.00
per day and will be compensated for a minimum of two-hours overtime pay for
calls lasting two-hours or less. Additional calls that may come in during the initial
two-hour timeframe will be considered compensated if work is completed within
the two-hours. Employees assigned to standby status during the District’s thirteen
(13) designated holidays shall receive double standby pay compensated at the rate
of $80.00 per day.
Standby duty requires that employees so assigned shall: (1) be ready to respond
immediately; (2) be reachable by telephone or other communicating devices; (3)
be able to report to active duty not later than thirty (30) minutes from time of
contact and (4) refrain from activities which might impair their ability to perform
assigned duties. Employees not assigned to standby duty have no obligation to
meet these requirements.
ARTICLE 11
CALL BACK
District employees called back to active duty after completing their normal tour of
duty and leaving the work site shall be entitled to call back compensation. Call
back compensation in an amount of twenty dollars ($20.00) shall be paid for each
call back occurrence exclusive of any other premium pay provision. A minimum of
9
two-hours overtime shall be paid for each call back occurrence. Call back
compensation shall not apply to employees assigned to standby duty pursuant to
Article 10, Standby.
ARTICLE 12
CERTIFICATION INCENTIVE PAY
Sewer Response Team - This program was eliminated effective July 1, 2014, as
the District has identified that compensation for responding to sewer emergencies
is included in Stand-by Pay and in the overtime pay employees receive for
responding to such emergencies. Employees currently participating in the
program on the date of the contract’s approval will be grandfathered in and
continue to receive the salary differential of two and one-half percent (2.5%).
Commercial Drivers - This program was eliminated effective July 1, 2014, as the
District has identified through market analysis that obtaining a Commercial
License is a condition of employment for specified positions and the salary range
for those specified positions is inclusive of compensation for that license.
Employees currently participating in the program on the date of the contract’s
approval will be grandfathered in and continue to receive the salary differential of
two percent (2%).
Water Distribution and Water Treatment Incentive Pay Program - Employees
working in the Operations Department are eligible to receive a one-time
certification incentive payment of $1,500 for each certification obtained of grade
two or higher water distribution and treatment certifications. Certifications must be
job related and approved by the employee’s supervisor. Employees must submit
an official copy of the certification in order to receive the Incentive Pay.
Distribution and Production Operators Differentials - These programs were
eliminated effective July 1, 2017 and replaced by the Water Distribution and Water
Treatment Incentive Pay Program.
10
Employees previously receiving differential pay based on a percentage of their
pay per certification will be grandfathered into the program. Those employees
grandfathered into the program will no longer receive the differential as a
percentage of their pay, however, they will receive the equivalent monetary
value each pay period equal to that received in the last pay period of the 2016/17
Fiscal Year and the pay will be frozen at that amount. This grandfathered
differential pay will continue to be considered Pensionable Compensation under
CalPERS regulations.
ARTICLE 13
HOURS OF WORK
Work Hours - Work hours are the hours an employee is assigned to perform duties
on behalf of the District. All full-time District employees (unless otherwise
approved by the General Manager/CEO or designee) shall work a 9/80 work
schedule, which is worked as one week at 36 hours and one week at 44 hours.
The full eighty hour pay period is worked in nine (9) days rather than 10.
Overtime is paid for hours in excess of nine (9) hours worked per day or eight (8)
hours on employee’s non-flex day; not 40 hours per week.
With the 9/80 work schedule, the work week period will begin each Saturday and
end the following Friday. Employees shall work Monday through Thursday, for
nine (9) hours and alternating Fridays for eight (8) hours. Employees will be
scheduled for two days off during one calendar week and three days off during
alternating calendar weeks. This additional day off shall be referred to as a flex
day.
Employee work hours shall be established by the District and are subject to
change based upon the needs of the District and upon a minimum of two (2) weeks
notification to employees. To ensure quality service levels to the District’s
operations, the following working schedules have been established for staff in the
office and field:
11
Office Staff:
Monday through Thursday: 7:30 am – 5:30 pm
Alternating Friday 7:30 am – 4:30 pm
Field Staff:
Monday through Thursday 6:30 am – 4:00 pm
Alternating Friday 6:30 am – 3:00 pm
Work Periods - If District Management concludes that the 9/80 work schedule is
not conducive to District operations, the District will meet and confer on the impact
of discontinuing the program. Thirty days’ notice will be provided to employees
prior to the termination of a 9/80 schedule.
ARTICLE 14
OVERTIME
All time worked in excess of the established standard work week shall be
considered as approved overtime. Overtime will be compensated at one and one-
half (1-1/2) times the employee's base hourly rate. Overtime shall be reported and
compensated in fifteen (15) minute increments.
ARTICLE 15
SICK LEAVE
A. Definition - Sick leave is an insurance or protection to be granted in
circumstances of adversity to promote the health and welfare of the individual
employee. It is not an earned right to time off from work. Sick leave permits the
employee to be absent from duty without the loss of pay when they are
incapacitated by reason of illness, injury or pregnancy and confinement or when
a member of the immediate family must be attended to by the employee; or when
an employee has been exposed to a contagious disease and his presence on the
job might endanger fellow workers. When approved in advance, sick leave may
also be used for medical, dental or optical examinations or treatments. Maternity
leave is chargeable to sick leave, annual vacation and leave without pay as
appropriate. To support a request for maternity sick leave, the employee must
12
submit a statement by her attending physician showing the expected period
during which she will be incapacitated from the performance of official duties. For
purposes of "attended to" (cared for) as defined herein, immediate family refers to
spouse, mother, father, son, daughter, step relations, ward and, when residing in
the employee's home, sister and brother.
Time off for an employee to attend to a member of the immediate family shall be
limited to a maximum of six and one-half (6.5) days (52 hours) per calendar year.
Additional time may be authorized by the General Manager/CEO based on a case-
by-case review of the employees’ sick leave usage.
B. Initial Credit and Accumulation - Sick leave is earned at the rate of 4.5 hours
(one half day) for each full bi-weekly pay period (13 days per year), and it can be
accumulated without limitation.
C. Notice of Sickness - When the employee is incapacitated from the performance
of his or her duties for reasons that entitle him or her the use of sick leave, he or
she must notify his or her department supervisor or other supervisor within thirty
(30) minutes of their regular start time.
D. Review - An absence of sick leave for more than five (5) workdays must be
supported by a medical certificate.
E. Improper Use - If, after reviewing an employee's record of sick leave usage,
the District believes sufficient cause exists to suspect abuse of sick leave, a
medical certificate may be required for any subsequent use of sick leave.
F. Sick Leave Cash Out - Employees may cash out accrued sick leave balances
as follows:
1. Employees may request reimbursement for up to three hundred (300)
hours of accrued sick leave per calendar year provided, however, that a
minimum of 160 hours (four weeks) accrual is retained after said
reimbursement. All requests for reimbursement must be submitted to
Payroll no later than December 1st of each year.
13
G. Sick Leave Cash Out at Separation - After ten (10) years of continuous service
with the District, employees separating from employment are eligible to cash out
a percentage of their sick leave accrual based on the cash out tiers below:
1. Sick leave tiers are based on the number of hours that can be accrued in
a fiscal year (117 hours per year). Employees may accrue an unlimited amount of
sick leave, however, the maximum hours an employee can cash out at retirement
is 589 hours (equivalent of 5 years’ accrual).
2. Employees who retire from the District may apply remaining sick leave
balances toward CalPERS for retirement credit.
3. In the event of an employee’s death, cash payment of remaining sick
leave balances will be made to the employee’s estate based on the designated
cash out tiers. In the event of death resulting from occupational injury, cash
payment shall be made to the employee's estate of 100% of remaining sick leave
balances.
H. Worker's Compensation - Employees shall be provided with up to a maximum
of three consecutive days of un-chargeable leave following an occupational injury
unless otherwise required by the Worker's Compensation Act of the State of
California.
The deduction by the District from the employee's accumulated sick leave shall
be limited to the same percentage as the amount due from Worker's
Sick Leave
Tier
Sick Leave Balance as
of Separation Date
Percentage of Balance
Available for Cash Out
1 0 – 117 hours 50%
2 118 – 235 hours 55%
3 236 – 353 hours 60%
4 354 – 471 hours 65%
5 472 – 589 hours 70%
14
Compensation bears to the amount paid by the District. For example, an
employee of the District entitled to $12.00 per day from the District received $9.00
per day from Worker's Compensation and the difference of $3.00 per day being
paid by the District. In deducting from such employee's accumulated sick leave,
such deduction shall be made daily on the same basis (i.e.; 1/4 of a day).
Example and Intent - When an employee is out on an industrial injury, no charge
will be made to leave benefits for the first three days. Any payments from workers’
compensation will be applied to re-purchase sick leave or vacation used.
It is the intent to provide full benefits where possible and is not construed to allow
the employee windfall income but to keep them whole.
I. Catastrophic Leave:
1. Definition. Catastrophic Leave is an approved Leave of Absence due to
a verifiable long-term illness or injury resulting in either physical or mental
impairment. Job and/or personal stress (not the result of a diagnosed
mental disorder) is specifically excluded from entitlement to Catastrophic
Leave. A statement from the employee's treating physician, subject to
review and approval by the District's Occupational Physician, is required.
2. Application. The employee on an approved Medical Leave of Absence
who is receiving Catastrophic Leave can continue to earn benefit monies
pursuant to the forty-one (41) hours per pay period requirement of the
Flexible Benefit Plan set forth in section 8.01.A.3.b of the Personnel Rules.
An employee receiving leave under this program is not eligible for receipt
for any accruals such as vacation or sick leave.
3. Eligibility.
a) Catastrophic leave is only available to employees on regular, non-
probationary status with the District.
15
b) The employee must meet all of the following criteria before
he/she becomes eligible for Catastrophic Leave donation
i. Be on an approved medical leave of absence for at least
thirty (30) calendar days (160 working hours) exclusive of an
absence due to a work related injury and/or illness; and
ii. Submission of a doctor's off-work order verifying the medical
requirement to be off work; and
iii. Exhaustion of all available leave balances.
4. Donation.
a) Vacation, holiday, as well as compensatory time, may be donated by
employees only on a voluntary and confidential basis, in increments of
eight (8) hours, not to exceed a total of fifty percent (50%) of a donor
employee's annual vacation, holiday, or compensatory time accrual
per employee. The donee employee receiving the Catastrophic Leave
will be taxed accordingly.
b) The donation shall be for the donee employee's Catastrophic Leave
only. The total donation allowed to any one employee of the District
shall be limited to one thousand forty (1040) hours per fiscal year.
c) Donor hours shall be contributed at the donor's hourly base salary rate
and be converted to the donee's hourly base salary, exclusive in both
instances of overtime, differentials, and the like, as the singular
purpose of this program is to provide financial assistance to the
donee employee.
d) Any donated time unused by the donee employee for the medical
emergency shall remain in the donee's accruals to be utilized as
follows:
16
i. An employee on Catastrophic leave who has received the
approval of his physician and the District's Occupational
Health Physician to return to full time work shall have all
unused Catastrophic Leave converted to an equal amount
of sick leave which will be available to the employee
according to the applicable provision of Section 7.02 of the
Personnel Rules.
ii. An employee on Catastrophic Leave who has received the
approval of his physician and the District's Occupational
Health Physician to return to work on a part time basis (less
than the employee's normally scheduled hours of work per
pay period) may record each pay period a combined total of
work time and Catastrophic Leave not to exceed the lesser
of eighty (80) hours or the employee's normally scheduled
hours of work.
iii. The General Manager/CEO may impose other terms and
conditions on the donation as deemed appropriate, and may
charge the Catastrophic Leave donation for the actual
administrative costs incurred by the District.
iv. Solicitation of donors shall be regulated by the District's
Personnel Department. The names of the donors shall be
confidential and the privacy rights of the donee shall be
protected to the extent permitted by law.
v. All donors and donees shall sign release forms to be
prepared and retained by the District's Personnel
Department.
vi. An employee will not be allowed to donate hours of leave if
his resulting sick leave balance drops below one hundred
sixty (160) hours.
17
5. Implementation.
a) The District shall meet and confer with representatives of the
employees regarding issues arising from the implementation of this
program.
ARTICLE 16
VACATION
A. Definition - Vacation with pay is a right earned as a condition of employment
and made available in the interest of the District for the recreation, health and
wellbeing of the employee, subject to approval by the General Manager/CEO or
designee.
B. Annual Vacation Leave Earned - Annual vacation leave is earned as follows:
Years of
District Service
Accrual Earned
Per Pay Period
Accrual Earned
Per Year
Fewer than 3 years 4 hours 104 hrs/year
3-10 years 6.15 hours 160 hrs/year
10 years or more 8 hours 208 hrs/year
1. Annual vacation leave may be accumulated for use in succeeding years, but
the maximum amount that can be carried over from one calendar year to the
next is 300 hours.
2. A change in the rate of annual vacation leave accrual shall take effect in the
pay period following the one in which the employee completed the required
length of service.
3. Vacation leave shall only accrue upon completion of a full eighty (80) hour
pay period.
18
4. New employees may begin utilizing their vacation accruals after six (6)
months of service with the District, or upon supervisor approval.
C. Approval - Although annual vacation leave occurs as an earned right, the time
at which vacation leave may be taken and the amount granted during any period
are based on business need and are at the supervisor’s discretion. Vacation leave
may be denied or asked to be postponed, however, no employee will lose earned
vacation accruals based on business need. All accruals will remain until leave time
is taken. Vacation leave must be approved in advance by the supervisor or
designee except in cases of emergency.
D. Vacation as Sick Leave - Vacation may be used in lieu of sick leave if the
employee desires.
E. Vacation Leave Cash Out - In lieu of taking annual vacation leave, employees
have the ability to cash out an unlimited amount of vacation time provided that
the employee has taken, or has approval to take, at least five (5) days of
vacation that year and must maintain eighty (80) vacation hours on the books.
Each such request is subject to the approval of the employee’s supervisor or
designee. Only the General Manager/CEO or designee may approve requests
outside of the stated conditions.
F. Termination - Employees, upon separation from the District, shall be paid a cash
lump sum at their then current salary rate as set forth in the Basic Salary Schedule
for any unused annual vacation credits.
ARTICLE 17
BEREAVEMENT LEAVE
In the event of a death in a full-time employee’s immediate family, bereavement
leave will be granted of up to five (5) cumulative working days per occurrence. For
this section, immediate family is defined as spouse, child (natural, adopted or
step), parent (natural, adopted or step), grandparent, grandchild, brother, sister,
step-brother, step-sister, and present in-laws (father, mother, son, daughter,
brother, sister).
19
In the event of a death in a full-time employee’s close family, bereavement leave
will be granted of up to three (3) cumulative working days per occurrence. For this
section, close family is defined as aunt, uncle, niece, and nephew.
The General Manager/CEO or designee may authorize the use of Bereavement
Leave for relationships other than those specified. If additional hours are required,
the employee may elect to take these hours without pay or have the hours
deducted from his/her accrued sick or vacation leave.
District employees may be excused by their immediate supervisor to attend the
memorial of a deceased District employee without the loss of pay.
ARTICLE 18
HOLIDAYS
A. The following are to be considered as approved holidays for the employees of
the District and will be so ordered as follows:
January 1 (New Years' Day)
Third Monday in January (Martin Luther King’s Birthday)
Third Monday in February (Presidents' Day)
Last Monday in May (Memorial Day)
July 4 (Independence Day)
First Monday in September (Labor Day)
Second Monday in October (Columbus Day)
November 11 (Veteran's Day)
Fourth Thursday in November (Thanksgiving Day)
Fourth Friday in November (Day after Thanksgiving)
December 24 (Christmas Eve)
December 25 (Christmas Day)
December 31 (New Year’s Eve)
In addition to the above-mentioned holidays, the District will be closed from
Thursday, December 24, 2020 through Friday, January 1, 2021. The District will
20
reopen for business on Monday, January 4, 2021. A number of employees will be
required to cover Standby duty in order to respond to customer calls/emergencies
and District management staff will be available as needed.
Note: The District holiday closure will be revaluated each year.
When any of the legal holidays, other than those specifically set for a Monday, fall
on Sunday, they will be observed the following Monday, and if any of such holidays
fall on a Saturday, they will be observed the preceding Friday.
ARTICLE 19
ABSENCE WITHOUT PAY
Absence without pay is classified as leave without pay and shall be granted upon
approval of the General Manager/CEO or designee. Sick and vacation leave
accruals will cease when an employee is on an unpaid leave.
ARTICLE 20
AUTHORIZED LEAVE
A. Military Leave - Military leave and regulations for payment pertaining thereto
shall be in accordance with the provisions of the Military and Veterans Code of
the State of California.
B. Jury Duty – Employees who are summoned to appear and serve for jury duty
shall be entitled to up to eighty (80) hours of jury duty leave per year. Employees
summoned will be required to produce a certificate from the court which shows
the dates of attendance. If a summoned employee receives payment from the
court for jury duty service, the payment must be transferred to the District’s
Finance Department. The employee will then receive his or her regular rate of pay
for the jury service. The same guidelines apply to employees who have been
subpoenaed as a witness in a court matter.
21
ARTICLE 21
PROBATIONARY PERIOD
The probationary period for newly hired District employees shall be twelve (12)
months. The probationary period for internally promoted employees shall be six
(6) months. If the probationary employee is absent during this period, their
probationary period may be extended by an equivalent amount of time.
ARTICLE 22
SEPARABILITY
If any portion of this MOU is held to be invalid by a court of competent jurisdiction,
the remainder of this MOU shall not be affected thereby.
Upon issuance of the final determination of the court, the parties agree to meet
and confer concerning only those matters directly affected by the decision.
ARTICLE 23
UNIFORMS
The District will provide field employee uniforms and bear the cost of the regular
cleaning, maintenance and replacement of uniforms. The District will provide a
$400.00 allowance per year for the purchase of safety-toed shoes required to be
worn by employees. The shoe allowance may also be used toward re-soling
existing safety-toes shoes, toward any necessary shoe repair, and toward related
accessories such as laces, inserts, and protectant spray. The District currently has
a contract with Boot Barn and Work Boot Warehouse for these purchases.
The District will provide uniform shirts for Customer Service Representatives and
other office staff as designated. These employees will have the option of selecting
their choice of style and color from a District designated list and will be provided
a sufficient number of shirts to get them through the work week without
laundering. Shirts will be replaced on an as-needed basis.
22
ARTICLE 24
EMPLOYEE RETENTION INCENTIVE PROGRAM
This program was eliminated effective July 1, 2014. Employees currently
participating in the program on the date of the contract’s approval will be
grandfathered in and continue at their current status and will receive one annual
lump sum payment the first pay period in December of each year as follows:
After 10 years through the end of 14th year $125
After 15 years through end of the 19th year $250
After 20 years through the end of the 24th year $375
After 25 years $500
In the event an eligible employee retires from District service prior to the first pay
period in December of any year, employee will receive the Employee Retention
Incentive for that year at the time of retirement.
ARTICLE 25
RETIREE HEALTH INSURANCE
The District will pay the Public Employees' Medical & Hospital Care
Act (“PEMHCA”) minimum contribution for retirees enrolled in the CalPERS Health
Program through the District. This amount is set by CalPERS annually. For 2020,
the minimum contribution is $139.00 per month. For 2021, the minimum
contribution is $143.00 per month.
Effective for the term of this contract, in addition to the PEMCHA minimum
contribution, the District shall reimburse eligible retirees any additional premium
costs up to the maximum listed below, per month, until the retiree becomes
eligible for Medicare.
Year 1 – Up to $750.00 per month effective October 1, 2020
Year 2 – Up to $800.00 per month effective July 1, 2021
23
Year 3 – Up to $850.00 per month effective July 1, 2022
To become an eligible retiree, an employee must:
1. Retire from the District with a minimum of 10 years of District service;
and
2. Enroll in the CalPERS Health Program through the District.
The eligible retiree will receive the last reimbursement from the District the month
they reach the age of eligibility for Medicare. In the event the eligible retiree dies
before reaching the age of eligibility for Medicare, the District will extend this
benefit to the surviving spouse until the spouse reaches the age of eligibility for
Medicare.
ARTICLE 26
RETIREMENT - PERS CONTRACT
2.7% @ 55 - The District has negotiated with CalPERS to provide the “2.7% @ 55”
Retirement Formula to employees that are considered classic members under the
Public Employees’ Pension Reform Act of 2013 (PEPRA). Classic members are
defined as members of the CalPERS retirement system or any other public
retirement system that is subject to reciprocity. Classic members contribute the
full employee share of 8% of their annual salary.
2% @ 62 – New members under PEPRA are provided the “2% @ 62” retirement
formula with a 6.5% employee contribution. New members are defined as
employees who were not members of a public retirement system prior to January
1, 2013; or members of a public retirement system that were not subject to
reciprocity with the new employer’s plan; or anyone who was an active member
of a retirement system and has a break in service six months or more.
24
***
MOU TERM: July 1, 2020 through June 30, 2023
AGREED ON: September 9, 2020
EVWDEP: EVWD:
Dale Barlow, EVWDEP Rep
David Smith, Chairman of the Board
Kathleen Burke, EVWDEP Rep
John Mura, General Manager/CEO
Michael Baffa, EVWDEP Rep
25
Appendix A
26
27
Appendix B
28
TABLE OF CONTENTS
Section TITLE PAGE NO.
1 Non-Represented Classifications 1
2 Duration 2
3 Compensation 2
4 Working Out of Classification 5
5 Health and Welfare Benefits 5
6 Deferred Compensation Match 7
7 Computer Purchase Program 8
8 Vehicle Allowance 8
9 Cellular Phone Allowance 8
10 Certification Incentive Pay 9
11 Hours of Work 10
12 Overtime 11
13 Sick Leave 11
14 Vacation 17
15 Administration Leave 18
16 Bereavement Leave 19
17 Holidays 20
18 Absence Without Pay 21
19 Authorized Leave 21
20 Probationary Period 21
21 Uniforms 22
22 Employee Retention Incentive Program 22
23 Retiree Health Insurance 23
24 Retirement – PERS Contract 24
APPENDICES
Appendix A Salary Schedule 25
Appendix B Salary Range 27
1
Non-Represented Employees’
Salaries, Benefits and Related Programs
July 1, 2020 through June 30, 2023
SECTION 1
NON-REPRESENTED CLASSIFICATIONS
The District’s non-represented job classifications include all job classifications and
employees not represented by an exclusively recognized employee organization.
The District’s Board of Directors may approve new classifications to be added to
the non-represented classification listing below:
General/Confidential (Non-Exempt) Management (Exempt)
Accountant Business Services Manager
Conservation Coordinator Senior Engineer
Field Service Supervisor Public Affairs/Conservation Manager
Human Resources Coordinator Information Technology Manager
Information Systems Technician
Public Affairs Coordinator Senior Management (Exempt)
Public Affairs Specialist District Clerk
Senior Administrative Assistant Operations Manager
Water Production Supervisor Executive Management (Exempt)
Professional/Supervisory (Exempt) Chief Financial Officer
Network Administrator Director of Administrative Services
(Unclassified/At-Will)
Director of Engineering and Operations
(Unclassified/At-Will)
Director of Strategic Services
(Unclassified/At-Will)
2
SECTION 2
DURATION
This Non-Represented Employees’ Salaries, Benefits and Related Programs
document shall remain in full force and effect up to and including June 30, 2023.
However, if a successor document is not approved by June 30, 2023, this
document shall remain in force until a successor document is approved.
SECTION 3
COMPENSATION
Cost of Living Adjustments (COLAs) – The following COLAs and/or compensation
survey will be implemented during the term of this three (3) year contract:
Year 1 - Five percent (5%) COLA effective September 12, 2020.
Year 2 – Compensation Survey Conducted – The District will partner with a
business services consultant to conduct a compensation and classification survey
of all positions. Those positions with a salary found to be under the market median
will receive pay increases accordingly to bring the classification’s salary up to the
market median effective July 3, 2021.
If a classification’s salary is found to be paid 1% to 10% under the market median,
the employees within the classification will receive the full recommended pay
increase in the effective fiscal year.
If a classification’s salary is found to be paid 11% or greater under the market
median, the employees within the classification will receive approximately half of
the increase in the effective fiscal year and the remainder of the increase in the
following fiscal year, as recommended by the consultant.
Classifications with a salary found to be above the market median will be Y-rated
with the salary frozen until the classification’s salary no longer exceeds the market
3
median. Y-rated positions will be evaluated annually to assess eligibility of
eliminating Y-rated status.
Year 3 - Two percent (2%) COLA effective July 2, 2022.
Salary Schedule - Refer to Appendix A for the Salary Schedule effective
September 12, 2020.
Pay for Performance - The Pay for Performance Program is a discretionary
incentive program that allows for up to an additional 10% of base salary for
management and five percent (5%) of base salary for other non-represented
employees, aligned with the performance review cycle, to be paid out annually in
lump sum form for commendable performance. Employees are eligible for the
program upon completion of probation.
Pay for Performance is utilized for those employees whose performance
consistently meets or exceeds expectations as defined by efforts toward divisional
and personal goal achievement, successful ratings on evaluation core
competencies, and for those who have been identified as giving world class
customer service, have established more efficient business processes, or generate
ideas resulting in cost savings for the District.
An employee must at least “meet expectations” in all core competencies on their
annual Performance Evaluation to be eligible for this program. It is at the
supervisor’s discretion to determine the percentage recommendation for their
staff’s Pay for Performance incentive. Also, an employee may not have received
formal discipline during the rating period to be considered eligible for this program.
Employees with performance that either “Meets Expectations,” “Exceeds
Expectations,” or “Far Exceeds Expectations,” will have the opportunity to
participate in the Pay for Performance Program and have the potential to earn a
lump sum payment of up to 5% of base salary.
4
If base pay is above the maximum: Employees with pay frozen at or above the
maximum of their range and perform at “Meets Expectations,” “Exceeds
Expectations,” or “Far Exceeds Expectations,” will have the opportunity to
participate in the Pay for Performance Program and have the potential to earn a
lump sum payment up to 5% above the range maximum.
Pay for Performance Evaluation Procedure - The process for the Pay for
Performance evaluation is as follows:
1. Core competencies, goals and objectives will be determined at the
beginning of the fiscal year.
2. Supervisors and managers will meet with staff to communicate
Department and individual goals as well as recommended actions staff
should take to achieve these goals.
3. Prior to the end of the rating period (June 30th), staff will be asked to
complete a self-evaluation relating to the core competencies, goals and
objectives, and overall performance for their supervisor to review.
4. At the end of the rating period, after self-evaluations are submitted, a
performance evaluation will be completed to document each employee’s
accomplishments relative to the core competencies, goals and objectives,
and overall employee performance. This will assist the supervisor in
determining eligibility and the percentage recommendation for the Pay for
Performance incentive.
5. The General Manager/CEO or designee will review all incentive
recommendations and give final approval.
6. Incentive checks will be distributed on the first Friday of the new fiscal
year, unless July 4th happens to fall on the first Friday of the new fiscal
5
year then the incentive check will be distributed on the second Friday of
the fiscal year.
7. If an employee does not agree with the incentive percentage
recommended by their supervisor, they may speak with Human
Resources, and if the issue is not resolved, they may request a meeting
with the General Manager/CEO.
SECTION 4
WORKING OUT OF CLASSIFICATION
Employees in the unit assigned to work in a higher classification in excess of ten
(10) consecutive working days, upon supervisor recommendation, will be granted
a five percent (5%) salary increase or the "A" step of the higher classification,
whichever is greater, for all time worked in the higher classification beginning with
the eleventh (11th) work day, except for an employee in a trainee status.
Increases in pay may be granted to recognize the temporary assignment of more
difficult duties requiring a greater level of skills. "Selected positions may be
authorized additional compensation, rather than being reclassified to a higher
level". Temporary assignments as provided herein will not exceed one (1) year
and shall not be used to avoid reclassification of the affected position. Increases
in pay shall be temporary so long as the higher-level duties are assigned and
performed. All such increases shall be authorized by the General Manager/CEO
and shall not affect an employee's step advancement in the base range.
SECTION 5
HEALTH AND WELFARE BENEFITS
Percentage Based Employer Contribution Plan - Effective January 1, 2017, the
Flexible Benefit Plan was eliminated and replaced by the Percentage Based
Employer Contribution Plan (PBECP).
6
A. PEMHCA Contribution - The District will pay the Public Employees' Medical
& Hospital Care Act (“PEMHCA”) minimum contribution for employees
enrolled in the CalPERS Health Program through the District. This amount
is set by CalPERS annually. For 2020, the minimum contribution is $139.00
per month. For 2021, the minimum contribution is $143.00 per month.
B. Health Insurance - In addition to the PEMCHA minimum contribution, all non-
represented full-time employees shall be eligible to participate in the PBECP.
The PBECP covers the difference between the PEMHCA minimum
contribution and ninety-five percent (95%) of health benefit premiums for
employees in the Professional/Supervisory and Management classifications
and their qualified dependents, and ninety percent (90%) of health benefit
premiums for employees in the General/Confidential classifications and their
qualified dependents, up to the cost of the benchmark plan (Blue Shield for
the term of this contract) for the benefit year. Employees will be responsible
for covering the remaining percentage of the health benefit premium costs,
and any additional costs incurred by selecting a health plan above the
benchmark plan.
C. Dental and Vision Insurance - The District will cover 100% of the employee’s
selected group dental and vision plans for employees and their qualified
dependents.
D. Declination/Withdrawal Provision - A declination/withdrawal provision is
included to allow employees with alternative coverage to opt-out of the
District’s health benefits plan. Employees must show proof of alternative
coverage annually. There is no cash-in-lieu provision associated with
declining the District’s benefits.
Life Insurance - The District will pay the premiums for Life and AD&D Insurance
Policies for all non-represented employees as designated below:
7
General/Confidential
$100,000 Policy
Professional/Supervisory
$100,000 Policy
Management
$100,000 Policy
Senior Management
$150,000 Policy
Executive Management
$150,000 Policy
Coverage During Leave of Absence - In accordance with Section 7.03 – E of the
District’s Personnel Rules, the District will continue contributions for health, dental,
vision, and life insurance premiums for a period not to exceed four (4) months
during any approved medical leave, or during any period in which the employee
has accrued leave time and is utilizing this leave time, whichever occurs later. If an
employee wishes to continue coverage after the four-month period, the employee
will be responsible for paying the District the premiums one month ahead of
coverage.
Flexible Spending Account - The District shall offer a Flexible Spending Account
for the benefit of its employees. This program is in accordance with the provisions
of IRS Publication 969.
SECTION 6
DEFERRED COMPENSATION MATCH
Effective September 12, 2020, the District will match monthly contributions for non-
represented employees currently enrolled and participating in the 457 Deferred
Compensation plan as designated below:
General/Confidential
$175/month
Professional/Supervisory
$175/month
Management
$200/month
Senior Management
$225/month
Executive Management
$225/month
8
SECTION 7
COMPUTER PURCHASE PROGRAM
Full-time, non-probationary employees will have the opportunity to participate in
the Computer Purchase Program which provides an interest free loan where
employees can choose from a selection of computers/laptops/tablets/printers
purchased by the District to be paid back through payroll deduction. Please
reference the District’s Computer Purchase Program document which sets
guidelines and limitations for the terms and conditions of the program.
SECTION 8
VEHICLE ALLOWANCE
A monthly vehicle allowance will be provided as designated below.
Senior Management
$250/month
Executive Management
$500/month
All non-represented classifications not receiving a vehicle allowance will be given
authorization to drive a District pool vehicle for District business.
SECTION 9
CELLULAR PHONE ALLOWANCE
The District recognizes a need for Senior and Executive Management to be
accessible at all times. To meet that need, employees in such classifications will be
given the option of a District owned cell phone or a cell phone allowance. Policy
4.1, Senior and Executive Management Cellular Telephone Policy, of the
Administrative Policies and Programs Manual, sets forth the monthly allowance
amount and the guidelines of the program. The allowance amount for the duration
of this document is $120 per month.
9
All non-represented classifications not covered under the above mentioned policy,
which need a cell phone to conduct District business, will be issued a District
owned cell phone.
SECTION 10
CERTIFICATION INCENTIVE PAY
Sewer Response Team – This program was eliminated effective July 1, 2014, as
the District has identified that compensation for responding to sewer emergencies
is included in Stand-by Pay and in the overtime pay employees receive for
responding to such emergencies. Employees currently participating in the
program on the date of the contract’s approval will be grandfathered in and
continue to receive the salary differential of two and one-half percent (2.5%).
Commercial Drivers - This program was eliminated effective July 1, 2014, as the
District has identified through market analysis that obtaining a Commercial License
is a condition of employment for specified positions and the salary range for those
specified positions is inclusive of compensation for that license. Employees
currently participating in the program on the date of the contract’s approval will be
grandfathered in and continue to receive the salary differential of two percent (2%).
Water Distribution and Water Treatment Incentive Pay Program - Employees
working in the Operations Department are eligible to receive a one-time
certification incentive payment of $1,500 for each certification obtained of grade
two or higher water distribution and treatment certifications. Certifications must be
job related and approved by the employee’s supervisor. Employees must submit
an official copy of the certification in order to receive the Incentive Pay.
Distribution and Production Operators Differentials - These programs were
eliminated effective July 1, 2017 and replaced by the Water Distribution and Water
Treatment Incentive Pay Program.
Employees previously receiving differential pay based on a percentage of their pay
per certification, or employees who passed the certification test prior to July 1, 2017,
10
will be grandfathered into the program. Those employees grandfathered into the
program will no longer receive the differential as a percentage of their pay,
however, they will receive the equivalent monetary value each pay period equal to
that received in the last pay period of the 2016/17 Fiscal Year and the pay will be
frozen at that amount. This grandfathered differential pay will continue to be
considered Pensionable Compensation under CalPERS regulations.
SECTION 11
HOURS OF WORK
Work Hours - Work hours are the hours an employee is assigned to perform duties
on behalf of the District. All full-time District employees (unless otherwise approved
by the General Manager/CEO or designee) shall work a 9/80 work schedule, which
is worked as one week at 36 hours and one week at 44 hours. The full eighty hour
pay period is worked in nine (9) days rather than ten (10). Overtime is paid for hours
in excess of nine (9) hours worked per day or eight (8) hours on employee’s non-
flex day; not 40 hours per week.
With the 9/80 work schedule, the work week period will begin each Saturday and
end the following Friday. Employees shall work Monday through Thursday, for nine
(9) hours and alternating Fridays for eight (8) hours. Employees will be scheduled
for two days off during one calendar week and three days off during alternating
calendar weeks. This additional day off shall be referred to as a flex day.
Employee work hours shall be established by the District and are subject to change
based upon the needs of the District and upon a minimum of two (2) weeks
notification to employees. To ensure quality service levels to the District’s
operations, the following working schedules have been established for staff in the
office and field:
Office Staff:
Monday through Thursday: 7:30 am – 5:30 pm
Alternating Friday 7:30 am – 4:30 pm
11
Field Staff:
Monday through Thursday 6:30 am – 4:00 pm
Alternating Friday 6:30 am – 3:00 pm
Work Periods - If District Management concludes that the 9/80 work schedule is
not conducive to District operations, the District will meet and confer on the impact
of discontinuing the program. Thirty days’ notice will be provided to employees
prior to the termination of a 9/80 schedule.
SECTION 12
OVERTIME
All time worked in excess of the established standard work week shall be
considered as approved overtime. Overtime will be compensated at one and one-
half (1-1/2) times the employee's base hourly rate. Overtime shall be reported and
compensated in fifteen (15) minute increments.
SECTION 13
SICK LEAVE
A. Definition - Sick leave is an insurance or protection to be granted in
circumstances of adversity to promote the health and welfare of the individual
employee. It is not an earned right to time off from work. Sick leave permits the
employee to be absent from duty without the loss of pay when they are
incapacitated by reason of illness, injury or pregnancy and confinement or when
a member of the immediate family must be attended to by the employee; or
when an employee has been exposed to a contagious disease and his presence
on the job might endanger fellow workers. When approved in advance, sick
leave may also be used for medical, dental or optical examinations or
treatments. Maternity leave is chargeable to sick leave, annual vacation and
leave without pay as appropriate. To support a request for maternity sick leave,
the employee must submit a statement by her attending physician showing the
expected period during which she will be incapacitated from the performance
of official duties. For purposes of "attended to" (cared for) as defined herein,
12
immediate family refers to spouse, mother, father, son, daughter, step relations,
ward and, when residing in the employee's home, sister and brother.
Time off for an employee to attend to a member of the immediate family shall be
limited to a maximum of six and one-half (6.5) days (52 hours) per calendar year.
Additional time may be authorized by the General Manager/CEO based on a case-
by-case review of the employees’ sick leave usage.
B. Initial Credit and Accumulation – Sick leave is earned at the rate of 4.5 hours
(one half day) for each full bi-weekly pay period (13 days per year), and it can be
accumulated without limitation.
C. Notice of Sickness - When the employee is incapacitated from the performance
of his or her duties for reasons that entitle him or her the use of sick leave, he or
she must notify his or her department supervisor or other supervisor within thirty
(30) minutes of their regular start time.
D. Review - An absence of sick leave for more than five (5) workdays must be
supported by a medical certificate.
E. Improper Use - If, after reviewing an employee's record of sick leave usage, the
District believes sufficient cause exists to suspect abuse of sick leave, a medical
certificate may be required for any subsequent use of sick leave.
F. Sick Leave Cash Out - Employees may cash out accrued sick leave balances as
follows:
1. Employees may request reimbursement for up to three hundred (300)
hours of accrued sick leave per calendar year provided, however, that a
minimum of 160 hours (four weeks) accrual is retained after said
reimbursement. All requests for reimbursement must be submitted to
Payroll no later than December 1st of each year.
13
G. Sick Leave Cash Out at Separation – After ten (10) years of continuous service
with the District, employees separating from employment are eligible to cash out a
percentage of their sick leave accrual based on the cash out tiers below:
1. Sick leave tiers are based on the number of hours that can be accrued
in a fiscal year (117 hours per year). Employees may accrue an unlimited amount of
sick leave, however, the maximum hours an employee can cash out at retirement
is 589 hours (equivalent of 5 years’ accrual).
2. Employees who retire from the District may apply remaining sick leave
balances toward CalPERS for retirement credit.
3. In the event of an employee’s death, cash payment of remaining sick leave
balances will be made to the employee’s estate based on the designated cash out
tiers. In the event of death resulting from occupational injury, cash payment shall
be made to the employee's estate of 100% of remaining sick leave balances.
H. Worker's Compensation - Employees shall be provided with up to a maximum
of three consecutive days of un-chargeable leave following an occupational injury
unless otherwise required by the Worker's Compensation Act of the State of
California.
The deduction by the District from the employee's accumulated sick leave shall be
limited to the same percentage as the amount due from Worker's Compensation
Sick Leave
Tier
Sick Leave Balance as
of Separation Date
Percentage of Balance
Available for Cash Out
1 0 – 117 hours 50%
2 118 – 235 hours 55%
3 236 – 353 hours 60%
4 354 – 471 hours 65%
5 472 – 589 hours 70%
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bears to the amount paid by the District. For example, an employee of the District
entitled to $12.00 per day from the District received $9.00 per day from Worker's
Compensation and the difference of $3.00 per day being paid by the District. In
deducting from such employee's accumulated sick leave, such deduction shall be
made daily on the same basis (i.e.; 1/4 of a day).
Example and Intent - When an employee is out on an industrial injury, no charge
will be made to leave benefits for the first three days. Any payments from workers’
compensation will be applied to re-purchase sick leave or vacation used.
It is the intent to provide full benefits where possible and is not construed to allow
the employee windfall income but to keep them whole.
I. Catastrophic Leave:
1. Definition. Catastrophic Leave is an approved Leave of Absence due to
a verifiable long-term illness or injury resulting in either physical or mental
impairment. Job and/or personal stress (not the result of a diagnosed
mental disorder) is specifically excluded from entitlement to Catastrophic
Leave. A statement from the employee's treating physician, subject to
review and approval by the District's Occupational Physician, is required.
2. Application. The employee on an approved Medical Leave of Absence
who is receiving Catastrophic Leave can continue to earn benefit monies
pursuant to the forty-one (41) hours per pay period requirement of the
Flexible Benefit Plan set forth in section 8.01.A.3.b of the Personnel Rules.
An employee receiving leave under this program is not eligible for receipt
for any accruals such as vacation or sick leave.
3. Eligibility.
a) Catastrophic leave is only available to employees on regular, non-
probationary status with the District.
15
b) The employee must meet all of the following criteria before
he/she becomes eligible for Catastrophic Leave donation
i. Be on an approved medical leave of absence for at least
thirty (30) calendar days (160 working hours) exclusive of an
absence due to a work related injury and/or illness; and
ii. Submission of a doctor's off-work order verifying the medical
requirement to be off work; and
iii. Exhaustion of all available leave balances.
4. Donation.
a) Vacation, holiday, as well as compensatory time, may be donated by
employees only on a voluntary and confidential basis, in increments of
eight (8) hours, not to exceed a total of fifty percent (50%) of a donor
employee's annual vacation, holiday, or compensatory time accrual per
employee. The donee employee receiving the Catastrophic Leave will
be taxed accordingly.
b) The donation shall be for the donee employee's Catastrophic Leave
only. The total donation allowed to any one employee of the District
shall be limited to one thousand forty (1040) hours per fiscal year.
c) Donor hours shall be contributed at the donor's hourly base salary rate
and be converted to the donee's hourly base salary, exclusive in both
instances of overtime, differentials, and the like, as the singular
purpose of this program is to provide financial assistance to the donee
employee.
d) Any donated time unused by the donee employee for the medical
emergency shall remain in the donee's accruals to be utilized as
follows:
16
i. An employee on Catastrophic leave who has received the
approval of his physician and the District's Occupational
Health Physician to return to full time work shall have all
unused Catastrophic Leave converted to an equal amount of
sick leave which will be available to the employee according
to the applicable provision of Section 7.02 of the Personnel
Rules.
ii. An employee on Catastrophic Leave who has received the
approval of his physician and the District's Occupational
Health Physician to return to work on a part time basis (less
than the employee's normally scheduled hours of work per
pay period) may record each pay period a combined total of
work time and Catastrophic Leave not to exceed the lesser
of eighty (80) hours or the employee's normally scheduled
hours of work.
iii. The General Manager/CEO may impose other terms and
conditions on the donation as deemed appropriate, and may
charge the Catastrophic Leave donation for the actual
administrative costs incurred by the District.
iv. Solicitation of donors shall be regulated by the District's
Personnel Department. The names of the donors shall be
confidential and the privacy rights of the donee shall be
protected to the extent permitted by law.
v. All donors and donees shall sign release forms to be
prepared and retained by the District's Personnel
Department.
vi. An employee will not be allowed to donate hours of leave if
his resulting sick leave balance drops below one hundred
sixty (160) hours.
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5. Implementation. The District shall meet and confer with representatives of
the employees regarding issues arising from the implementation of this
program.
SECTION 14
VACATION
A. Definition - Vacation with pay is a right earned as a condition of employment
and made available in the interest of the District for the recreation, health and well
being of the employee, subject to approval by the General Manager/CEO or
designee.
B. Annual Vacation Leave Earned - Annual vacation leave is earned as follows:
Years of
District Service
Accrual Earned
Per Pay Period
Accrual Earned
Per Year
Fewer than 3 years 4 hours 104 hrs/year
3-10 years 6.15 hours 160 hrs/year
10 years or more 8 hours 208 hrs/year
1. Annual vacation leave may be accumulated for use in succeeding years, but
the maximum amount that can be carried over from one calendar year to the
next is 300 hours.
2. A change in the rate of annual vacation leave accrual shall take effect in the
pay period following the one in which the employee completed the required
length of service.
3. Vacation leave shall only accrue upon completion of a full eighty (80) hour
pay period.
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4. New employees may begin utilizing their vacation accruals after six (6)
months of service with the District, or upon supervisor approval.
C. Approval - Although annual vacation leave occurs as an earned right, the time
at which vacation leave may be taken and the amount granted during any period
are based on business need and are at the supervisor’s discretion. Vacation leave
may be denied or asked to be postponed, however, no employee will lose earned
vacation accruals based on business need. All accruals will remain until leave time
is taken. Vacation leave must be approved in advance by the supervisor or
designee except in cases of emergency.
D. Vacation as Sick Leave - Vacation may be used in lieu of sick leave if the
employee desires.
E. Vacation Leave Cash Out - In lieu of taking annual vacation leave, employees
have the ability to cash out an unlimited amount of vacation time provided that
the employee has taken, or has approval to take, at least five (5) days of vacation
that year and must maintain eighty (80) vacation hours on the books. Each such
request is subject to the approval of the employee’s supervisor or designee.
Only the General Manager/CEO or designee may approve requests outside of
the stated conditions.
F. Termination - Employees, upon separation from the District, shall be paid a cash
lump sum at their then current salary rate as set forth in the Basic Salary
Schedule for any unused annual vacation credits.
SECTION 15
ADMINISTRATIVE LEAVE
Non-represented employees in professional/supervisory, management, senior
management, and executive management classifications will receive paid
administrative leave as designated below:
19
Professional/Supervisory
40 hours per fiscal year
Management
48 hours per fiscal year
Senior Management
56 hours per fiscal year
Executive Management
64 hours per fiscal year
New employees’ in one of the above non-represented classifications will accrue
administrative leave on a prorated basis. The proration will be based on the fiscal
year quarter in which the employee was hired. The following are the proration
percentages:
Month of Hire Percentage Table
July – September 100%
October – December 75%
January – March 50%
April – June 25%
SECTION 16
BEREAVEMENT LEAVE
In the event of a death in a full-time employee’s immediate family, bereavement
leave will be granted of up to five (5) cumulative working days per occurrence. For
this section, immediate family is defined as spouse, child (natural, adopted or step),
parent (natural, adopted or step), grandparent, grandchild, brother, sister, step-
brother, step-sister, and present in-laws (father, mother, son, daughter, brother,
sister).
In the event of a death in a full-time employee’s close family, bereavement leave
will be granted of up to three (3) cumulative working days per occurrence. For this
section, close family is defined as aunt, uncle, niece, and nephew.
20
The General Manager/CEO or designee may authorize the use of Bereavement
Leave for relationships other than those specified. If additional hours are required,
the employee may elect to take these hours without pay or have the hours
deducted from his/her accrued sick or vacation leave.
District employees may be excused by their immediate supervisor to attend the
memorial of a deceased District employee without the loss of pay.
SECTION 17
HOLIDAYS
A. The following are to be considered as approved holidays for the employees of
the District and will be so ordered as follows:
January 1 (New Years' Day)
Third Monday in January (Martin Luther King’s Birthday)
Third Monday in February (Presidents' Day)
Last Monday in May (Memorial Day)
July 4 (Independence Day)
First Monday in September (Labor Day)
Second Monday in October (Columbus Day)
November 11 (Veteran's Day)
Fourth Thursday in November (Thanksgiving Day)
Fourth Friday in November (Day after Thanksgiving)
December 24 (Christmas Eve)
December 25 (Christmas Day)
December 31 (New Year’s Eve)
In addition to the above-mentioned holidays, the District will be closed from
Thursday, December 24, 2020 through Friday, January 1, 2021. The District will
reopen for business on Monday, January 4, 2021. A number of employees will be
required to cover Standby duty in order to respond to customer calls/emergencies
and District management staff will be available as needed.
Note: The District holiday closure will be revaluated each year.
21
When any of the legal holidays, other than those specifically set for a Monday, fall
on Sunday, they will be observed the following Monday, and if any of such holidays
fall on a Saturday, they will be observed the preceding Friday.
SECTION 18
ABSENCE WITHOUT PAY
Absence without pay is classified as leave without pay and shall be granted upon
approval of the General Manager/CEO or designee. Sick and vacation leave
accruals will cease when an employee is on an unpaid leave.
SECTION 19
AUTHORIZED LEAVE
A. Military Leave - Military leave and regulations for payment pertaining thereto
shall be in accordance with the provisions of the Military and Veterans Code of
the State of California.
B. Jury Duty – Employees who are summoned to appear and serve for jury duty
shall be entitled to up to eighty (80) hours of jury du ty leave per year. Employees
summoned will be required to produce a certificate from the court which shows
the dates of attendance. If a summoned employee receives payment from the
court for jury duty service, the payment must be transferred to the District’s
Finance Department. The employee will then receive his or her regular rate of
pay for the jury service. The same guidelines apply to employees who have
been subpoenaed as a witness in a court matter.
SECTION 20
PROBATIONARY PERIOD
The probationary period for newly hired District employees shall be twelve (12)
months. The probationary period for internally promoted employees shall be six (6)
22
months. If the probationary employee is absent during this period, their
probationary period may be extended by an equivalent amount of time.
SECTION 21
UNIFORMS
The District will provide field employee uniforms and bear the cost of the regular
cleaning, maintenance and replacement of uniforms. The District will provide a
$400.00 allowance per year for the purchase of safety-toed shoes required to be
worn by employees. The shoe allowance may also be used toward re-soling
existing safety-toes shoes, toward any necessary shoe repair, and toward related
accessories such as laces, inserts, and protectant spray.
The District will provide uniform shirts for Customer Service Representatives,
Engineering Technicians, and other office staff as designated. These employees
will have the option of selecting their choice of style and color from a District
designated list and will be provided a sufficient number of shirts to get them
through the work week without laundering. Shirts will be replaced on an as-
needed basis.
SECTION 22
EMPLOYEE RETENTION INCENTIVE PROGRAM
This program was eliminated effective July 1, 2014. Employees currently
participating in the program on the date of the contract’s approval will be
grandfathered in and continue at their current status and will receive one annual
lump sum payment the first pay period in December of each year as follows:
After 10 years through the end of 14th year $125
After 15 years through end of the 19th year $250
After 20 years through the end of the 24th year $375
After 25 years $500
23
In the event an eligible employee retires from District service prior to the first pay
period in December of any year, employee will receive the Employee Retention
Incentive for that year at the time of retirement.
SECTION 23
RETIREE HEALTH INSURANCE
The District will pay the Public Employees' Medical & Hospital Care Act (“PEMHCA”)
minimum contribution for retirees enrolled in the CalPERS Health Program through
the District. This amount is set by CalPERS annually. For 2020, the minimum
contribution is $139.00 per month. For 2021, the minimum contribution is $143.00
per month.
Effective for the term of this contract, in addition to the PEMCHA minimum
contribution, the District shall reimburse eligible retirees any additional premium
costs up to the maximum listed below, per month, until the retiree becomes eligible
for Medicare.
Year 1 – Up to $750.00 per month effective October 1, 2020
Year 2 – Up to $800.00 per month effective July 1, 2021
Year 3 – Up to $850.00 per month effective July 1, 2022
To become an eligible retiree, an employee must:
1. Retire from the District with a minimum of 10 years of District service; and
2. Enroll in the CalPERS Health Program through the District.
The eligible retiree will receive the last reimbursement from the District the month
they reach the age of eligibility for Medicare. In the event the eligible retiree dies
before reaching the age of eligibility for Medicare, the District will extend this
24
benefit to the surviving spouse until the spouse reaches the age of eligibility for
Medicare
SECTION 24
RETIREMENT - PERS CONTRACT
2.7% @ 55 - The District has negotiated with CalPERS to provide the “2.7% @ 55”
Retirement Formula to employees that are considered classic members under the
Public Employees’ Pension Reform Act of 2013 (PEPRA). Classic members are
defined as members of the CalPERS retirement system or any other public
retirement system that is subject to reciprocity. Classic members contribute the
full employee share of 8% of their annual salary.
2% @ 62 – New members under PEPRA are provided the “2% @ 62” retirement
formula with a 6.5% employee contribution. New members are defined as
employees who were not members of a public retirement system prior to January
1, 2013; or members of a public retirement system that were not subject to
reciprocity with the new employer’s plan; or anyone who was an active member
of a retirement system and has a break in service six months or more.
***
AGREED ON: September 9, 2020
Ron Coats, Chairman of the Board
John Mura, General Manager/CEO
25
Appendix A
26
27
Appendix B
28
Class Title Tier Range A B C D E A B C D E A B C D E
Accountant G 31 39.82 40.82 41.85 42.89 43.96 6,902 7,075 7,254 7,434 7,620 82,826 84,906 87,048 89,211 91,437
Accounting Technician H 19 29.63 30.36 31.10 31.87 32.71 5,136 5,262 5,391 5,524 5,670 61,630 63,149 64,688 66,290 68,037
Administrative Assistant H 22 31.87 32.71 33.51 34.36 35.21 5,524 5,670 5,808 5,956 6,103 66,290 68,037 69,701 71,469 73,237
Business Services Manager M 46 57.70 59.13 60.61 62.11 63.69 10,001 10,249 10,506 10,766 11,040 120,016 122,990 126,069 129,189 132,475
Chief Financial Officer E 66 94.52 96.88 99.30 101.79 104.33 16,383 16,793 17,212 17,644 18,084 196,602 201,510 206,544 211,723 217,006
Community Relations Representative PT Y 14.00 2,427 29,120
Conservation Coordinator G 35 43.96 45.07 46.19 47.34 48.54 7,620 7,812 8,006 8,206 8,414 91,437 93,746 96,075 98,467 100,963
Customer Service Representative PT N/A 18.00 3,120 37,440
Customer Service Representative I H 11 24.31 24.92 25.55 26.19 26.83 4,214 4,319 4,429 4,540 4,651 50,565 51,834 53,144 54,475 55,806
Customer Service Representative II H 16 27.50 28.18 28.89 29.62 30.36 4,767 4,885 5,008 5,134 5,262 57,200 58,614 60,091 61,610 63,149
Customer Service Representative III H 19 29.63 30.36 31.10 31.87 32.71 5,136 5,262 5,391 5,524 5,670 61,630 63,149 64,688 66,290 68,037
Director of Engineering & Operations A 66 94.52 96.88 99.30 101.79 104.33 16,383 16,793 17,212 17,644 18,084 196,602 201,510 206,544 211,723 217,006
Director of Administrative Services A 57 75.68 77.58 79.53 81.51 83.55 13,118 13,447 13,785 14,128 14,482 157,414 161,366 165,422 169,541 173,784
Director of Strategic Services A 57 75.68 77.58 79.53 81.51 83.55 13,118 13,447 13,785 14,128 14,482 157,414 161,366 165,422 169,541 173,784
District Clerk E 47 59.13 60.61 62.11 63.69 65.27 10,249 10,506 10,766 11,040 11,313 122,990 126,069 129,189 132,475 135,762
Equipment Mechanic III H 27 36.08 37.00 37.92 38.86 39.82 6,254 6,413 6,573 6,736 6,902 75,046 76,960 78,874 80,829 82,826
Facilities Maintenance Coordinator H 34 42.89 43.96 45.07 46.19 47.34 7,434 7,620 7,812 8,006 8,206 89,211 91,437 93,746 96,075 98,467
Facilities Maintenance Worker H 14 26.19 26.83 27.50 28.18 28.89 4,540 4,651 4,767 4,885 5,008 54,475 55,806 57,200 58,614 60,091
Field Service Supervisor G 39 48.54 49.74 50.97 52.27 53.57 8,414 8,622 8,835 9,060 9,285 100,963 103,459 106,018 108,722 111,426
Field Service Worker I H 17 28.18 28.89 29.62 30.36 31.10 4,885 5,008 5,134 5,262 5,391 58,614 60,091 61,610 63,149 64,688
Field Service Worker II H 22 31.87 32.71 33.51 34.36 35.21 5,524 5,670 5,808 5,956 6,103 66,290 68,037 69,701 71,469 73,237
Field Service Worker III H 25 34.34 35.21 36.08 37.00 37.92 5,952 6,103 6,254 6,413 6,573 71,427 73,237 75,046 76,960 78,874
General Manager/CEO A N/A 142.10 24,631 295,568
Human Resources Coordinator G 32 40.82 41.85 42.89 43.96 45.07 7,075 7,254 7,434 7,620 7,812 84,906 87,048 89,211 91,437 93,746
Information Systems Technician G 26 35.21 36.08 37.00 37.92 38.86 6,103 6,254 6,413 6,573 6,736 73,237 75,046 76,960 78,874 80,829
Information Technology Manager M 46 57.70 59.13 60.61 62.11 63.69 10,001 10,249 10,506 10,766 11,040 120,016 122,990 126,069 129,189 132,475
Meter Reader I H 14 26.19 26.83 27.50 28.18 28.89 4,540 4,651 4,767 4,885 5,008 54,475 55,806 57,200 58,614 60,091
A = At-Will PT = Part-Time * =
E = Executive Management (Exempt) P = Professional/Supervisory (Exempt)
S = Senior Management (Exempt) G = General/Confidential (Non-Exempt)
M = Management (Exempt) H = Hourly-EVWDEP Represented (Non-Exempt)
Hourly Salary Range Monthly Salary Range Annual Salary Range
Steps Steps Steps
Y-Rate (Due to results of 2014 Compensation Analysis,
base salary is set above the maximum for the range
assigned)
SALARY SCHEDULE
Effective September 12, 2020
Page 1 of 2
Class Title Tier Range A B C D E A B C D E A B C D E
Meter Reader II H 18 28.89 29.62 30.36 31.10 31.87 5,008 5,134 5,262 5,391 5,524 60,091 61,610 63,149 64,688 66,290
Network Administrator P 38 47.34 48.54 49.74 50.97 52.27 8,206 8,414 8,622 8,835 9,060 98,467 100,963 103,459 106,018 108,722
Operations Manager E 51 65.27 66.90 68.58 70.28 72.04 11,313 11,596 11,887 12,182 12,487 135,762 139,152 142,646 146,182 149,843
Public Affairs Coordinator G 32 40.82 41.85 42.89 43.96 45.07 7,075 7,254 7,434 7,620 7,812 84,906 87,048 89,211 91,437 93,746
Public Affairs Specialist G 36 45.07 46.19 47.34 48.54 49.74 7,812 8,006 8,206 8,414 8,622 93,746 96,075 98,467 100,963 103,459
Senior Accounting Technician H 23 32.71 33.51 34.36 35.21 36.08 5,670 5,808 5,956 6,103 6,254 68,037 69,701 71,469 73,237 75,046
Senior Administrative Assistant G 26 35.21 36.08 37.00 37.92 38.86 6,103 6,254 6,413 6,573 6,736 73,237 75,046 76,960 78,874 80,829
Senior Customer Service Representative H 22 31.87 32.71 33.51 34.36 35.21 5,524 5,670 5,808 5,956 6,103 66,290 68,037 69,701 71,469 73,237
Senior Engineer M 46 57.70 59.13 60.61 62.11 63.69 10,001 10,249 10,506 10,766 11,040 120,016 122,990 126,069 129,189 132,475
Senior Field Service Worker H 27 36.08 37.00 37.92 38.86 39.82 6,254 6,413 6,573 6,736 6,902 75,046 76,960 78,874 80,829 82,826
Senior Treatment Plant Operator H 36 45.07 46.19 47.34 48.54 49.74 7,812 8,006 8,206 8,414 8,622 93,746 96,075 98,467 100,963 103,459
Senior Water Production Operator H 32 40.82 41.85 42.89 43.96 45.07 7,075 7,254 7,434 7,620 7,812 84,906 87,048 89,211 91,437 93,746
Storekeeper-Buyer H 21 31.10 31.87 32.71 33.51 34.36 5,391 5,524 5,670 5,808 5,956 64,688 66,290 68,037 69,701 71,469
Water Production Operator I H 22 31.87 32.71 33.51 34.36 35.21 5,524 5,670 5,808 5,956 6,103 66,290 68,037 69,701 71,469 73,237
Water Production Operator II H 26 35.21 36.08 37.00 37.92 38.86 6,103 6,254 6,413 6,573 6,736 73,237 75,046 76,960 78,874 80,829
Water Production Operator III H 30 38.86 39.82 40.82 41.85 42.89 6,736 6,902 7,075 7,254 7,434 80,829 82,826 84,906 87,048 89,211
Water Production Supervisor G 41 50.97 52.27 53.57 54.90 56.27 8,835 9,060 9,285 9,516 9,753 106,018 108,722 111,426 114,192 117,042
Water Quality Coordinator H 34 42.89 43.96 45.07 46.19 47.34 7,434 7,620 7,812 8,006 8,206 89,211 91,437 93,746 96,075 98,467
Water Quality Technician H 23 32.71 33.51 34.36 35.21 36.08 5,670 5,808 5,956 6,103 6,254 68,037 69,701 71,469 73,237 75,046
A = At-Will PT = Part-Time * =
E = Executive Management (Exempt) P = Professional/Supervisory (Exempt)
S = Senior Management (Exempt) G = General/Confidential (Non-Exempt)
M = Management (Exempt) H = Hourly-EVWDEP Represented (Non-Exempt)
Y-Rate (Due to results of 2014 Compensation Analysis,
base salary is set above the maximum for the range
assigned)
Steps Steps Steps
Hourly Salary Range Monthly Salary Range Annual Salary Range
SALARY SCHEDULE
Effective September 12, 2020
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