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HomeMy WebLinkAboutBUDGET & FINANCE AGENDA 09-29-08 BUDGET AND FINANCE COMMITTEE Member Nejedly Member Hockett (Alternate) Monday, September 29, 2008 3:00 p.m. Executive Conference Room 5019 Imhoff Place Martinez, California INFORMATION FOR THE PUBLIC ADDRESSING THE COMMITTEE ON AN ITEM ON THE AGENDA Anyone wishing to address the Committee on an item listed on the agenda will be heard when the Committee Chair calls for comments from the audience. The Chair may specify the number of minutes each person will be permitted to speak based on the number of persons wishing to speak and the time available. After the public has commented, the item is closed to further public comment and brought to the Committee for discussion. There is no further comment permitted from the audience unless invited by the Committee. ADDRESSING THE COMMITTEE ON AN ITEM NOT ON THE AGENDA In accordance with state law, the Committee is prohibited from discussing items not calendared on the agenda. You may address the Committee on any items not listed on the agenda, and which are within their PUBLIC COMMENTS jurisdiction, under . Matters brought up which are not on the agenda may be referred to staff for action or calendared on a future agenda. AGENDA REPORTS Supporting materials on Committee agenda items are available for public review at the Reception, 5019 Imhoff Place, Martinez. Reports or information relating to agenda items distributed within 72 hours of the meeting to a majority of the Committee are also available for public inspection at the Reception. During the meeting, information and supporting materials are available in the Conference Room. AMERICANS WITH DISABILITIES ACT In accordance with the Americans With Disabilities Act and California Law, it is the policy of the Central Contra Costa Sanitary District to offer its public meetings in a manner that is readily accessible to everyone, including those with disabilities. If you are disabled and require special accommodations to participate, please contact the Secretary of the District at least 48 hours in advance of the meeting at (925) 229-7303. Budget and Finance Committee September 29, 2008 Page 2 1. CALL MEETING TO ORDER 2. PUBLIC COMMENTS 3. OLD BUSINESS *a. GASB 45 Trust - Legal Opinion on Fiduciary Responsibility 4. CLAIMS MANAGEMENT *a. Review Outstanding Claims 5. REPORTS/ANNOUNCEMENTS *a. Update on AIG *b. Review 2007-2008 Audited Financial Statements 6. REVIEW AUGUST 2008 FINANCIAL STATEMENTS (Item 4.b. in Board Binder) 7. REVIEW EXPENDITURES (Item 4.a. in Board Binder) 8. ADJOURNMENT * Attachment 3.a..,. I ,l~t '\. f nh~L~ r It Bj'..l:.it.;.rd [11l\S C:h.ll h- ~ :\. ';t, ;l'k~' [\Ci~piillll i.. ~I'"lt:r p, k....,h J'l:hllo W,t'lltf } cii::" l~Hrh.1Hk H(,n.!ld J. rI11'ht.~ \:br\ I. 1.\"...,:11 H.,.hcrt f. '~1'11'~~crl'; f I~LH1' !'<. "lJOb ,', K.'\ ill r. ,..j, ,I! TRUCKER" Huss <.:lar"':.1,.... Kall\? EliL~h':I" L. I., ,i;' ~"l,lt(h(:\',. I . ClltI:H1X S,t:,\l.',;!l P.H,I :"':IC:h,-II., L. <;c1)1llb Vill~i1ll,' 1.1. IJuk.w, ICllloiiet J)~c1; Brl)ub J ,\1~...: h,,,t. A PROfE5~JONAL CORPORATION ATTORN EYS AT LAW 120 Montgomery Stret't, 23rd Floor San Francisco, C.lliforn\<l 94104-4398 'C,P~-':l.d t. ~I )n::~;l~! U~r;I,1r., p. F'h"~('h"1" September 1 8, 2008 nr' c, HIli"" Barb;l;~ D. en:...! hlJ L. 1>'"ln VIA U.S. MAIL PRIVILEGED AND CONFIDENTIAL \1:-', i,,'r\' f)ll'l',-" [),:tl ti ~ .:.-....~o2ti Ms. Deborah Ratcliff Controller Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553-4392 Re: Fiduciary responsibility Dear Debbie: You have asked our opinion on certain fiduciary aspects of the District's Retiree Health Trust investment program. It is our understanding that the District is implementing a funding arrangement for retiree health benefits through a health trust formed pursuant to Gov. Code section 53620, et.seq. Under those statutory provisions, a government entity such as the District may form a trust to accept funding for retiree health benefits. All assets contributed to any such trust must be held for the exclusive purpose of providing benefits for retirees and their dependents or held for that purpose until the obligation is satisfied. The statutory provisions further mandate that the assets held in the trust are to be managed in a prudent manner, pursuant to fiduciary standards which mirror the standards set forth in the California Constitution for the administration of public pension funds. Not coincidentally, the statutory language also mirrors the fiduciary standards set forth in the Employee Retirement Income Security Act of 1974 (ERISA). It is our understanding that the Board of Directors of the District is considering making initial investments in the Retiree Health Trust ("Trust") in equal installments over a period of ten (or more) months. The extended investment period is intended to "dollar cost average" so that if the markets are volatile in the next ten months the market values at which the investments are made occurs over some period of time instead of being invested in a lump sum. It has been proposed that a committee of the Board will also have the authority to refrain from investing the contributions at any given time during the ten month investment period should the cornmittee believe it prudent to do so. The specific question you have asked is whether the #944652 TEl. (415) 788--3111 . FAX (415) 421-2017 . www.truckerhuss.com .~.~. Ms. Deborah Ratcl iff September 18, 2008 Page 2 proposed ten month program, particularly with the ability to call a halt to further investments, is fiduciarily prudent. We believe the program as outlined above is prudent under the statutory framework and standards. We do not know what specific investments are to be made and do not have the expertise to comment on a particular investment strategy, asset allocation, etc. We can, though, comment on the process used to determine the strategy and the appropriateness of that process. Specifically, under the statutory guidelines, and companion ERISA regulations and decisions, it is the process used to arrive at the investment program that is the foremost requirement for fiduciary prudence. If the Board, or an appointed committee, reviewed the investment program for prudence and then determined to invest on a dollar cost averaging basis, such a process and program should be found to be prudent. When to invest and over what period, so long as well considered in advance, has not been the subject of any successful legal challenge of which we are aware. It certainly is within the realm of prudence, in our experience, to dollar cost average. It also should be considered prudent, in these volatile times in the investment markets, to be able to discontinue a strategy to invest in the markets, and instead remain in cash or cash equivalents. So long as the strategy has been discussed and considered, and is reasonable in the circumstances, the District should be found to have acted prudently. The courts, at least under ERISA, have not second- guessed the decisions of trust fiduciaries when investment performance has been negative or not as projected, where the fiduciaries have engaged in a prudent process in developing their investment strategy. We do suggest that the Board consider the development of some broad guidelines for the committee to follow in discontinuing the investment program. We do not believe, though, that the right to discontinue the program is in any way in itself prohibited or improper. Please let us know if you have any questions or comments and thank you for this opportunity to be of service to the District. Very truly yours, LA T:jah #944652 co ~ 0 0 N I it) . N I ~ C. CI) "E en Q) E "C >. co CI) a... - >. C "0 ".::: 0 0.. CO 0 - ~ <( _en .5 -:l I - C Q) "0 "0 () <( Q) .2 .J:: Q) > ..... Q) .J:: () Q) U) or- >0 U ~ <( CO a E Lq E co LO ~ ~ en or- ~ Q) ~ a ~ N I :!::: "<:t" "C or- or- 0r- e 0> 0> Q) 0> 0> I I a. a a a a >< a a W a a I I ('t) ('t) a a a a "E Q) E Q) 0> co C co ::::2: c "2 ~ Cii c ca ..... /JJ 0 - en U) 0 Q) Z a: :::> ::::) a LL LO W co LO (.) ('t) Z or- <I: ~ ~ ::::) en 0r- a Z 0> N LL a ...J W N en o z ::::) LL W en Z w a.. >< w CJ z z z :::::>> ~ en E ..... .ctj ~U E >. ~ :!::: en Zi5Een O>.~ "(ij .5 S=Uca E ~ >'U .(ij ~ t: 0 -Q)~"5 ~<.!Je<( I a... I .3 -l I U U<.!Ja...<( . cl . -:z: co o o ~ ~ (J) ~ ro "E ~ ~ .E c:: 0 Q) ~ :E 3: c:: '" :c il 0 il c:: 0 il il ~ !!2 :::>en 3: ::E 1:: en - Q) 8 IOE .0 iD ,<( &. en Q) LO .., Q) Ir- 0 ,... 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W '" '" '" c ~ > ~ "0 ~ "0 "0 ~ .c c:: c:: c:: en 0 (5 oc:: oc:: Q) 00 > i:5 I I Q) > 1-0 oc:: 0 > t I iii '" 11) 11) ~ 11) c Q) 0 11) ..c:: 11) oc:: 11) ~ :5 ~ 0 ~ ;; 0 a cu "C '1:l '1:l U "C en "C LO 5! '1:l 0 <( N <( ~ ....1 <( ...J ~ i <Xl <Xl <Xl <Xl gl !;2 gl !;2 !;2 gl gl !;2 <Xl .... LO (") ~ .... .... !;2 - 00 <0 '.0 r- 0 0 0 0 ~I~ ~I~ 0 --' ~I~ ~I~ 0 --' I- 0... 0 C) ::> NI(")I <( I ~I ~I i.... N (") ~I .... ~ ! -.----.---.--..,.- ~_._._--,---------"_.."'..,,-_._--_.__._-,~.._. ----..-..-----.---.--...-- Debbie Ratcliff - AIG 5.a.,. Page 1 of 1 From: To: Date: Subject: "Seth Cole" <SCole@alliantinsurance.com> <dratcliff@centralsan.dst.ca.us> 9/25/2008 8:29 AM AIG Debbie, Per my voice mail. Alliant Insurance Services is not owned by AIG. We are an insurance brokerage firm who places coverage with AIG's insurance subsidiaries as well as other insurance carriers. I have attached a letter from Alliant's Chairman and CEO regarding the AIG situation as well as an AIG press release from last week. I have also attached a New York Department of Insurance press release regarding the AIG situation. Lastly, here is the text from a communication sent to all CSRMA members regarding the AIG situation. "Dear CSRMA Members: As we are sure you are aware, due to unprecedented stress on its liquidity due to the falling housing market, AIG has received a significant line of credit from the Federal Government ($85$B). The government essentially determined that this company, due to the breadth and depth of its involvement in the financial sector, was "too big to fai/". After several days of uncertainty, the line of credit has stabilized AIG for at least the near future, if not for the long term. Over its more than 20 year history, CSRMA has purchased coverage from AIG subsidiary insurers and continues to do so today, most notably from the Lexington Insurance Company ($25MM part of a $1 BB coverage limit) for property insurance, and from the National Union Fire Insurance Company (Statutory coverage excess of CSRMA 's $750,000 Pool Coverage) for workers' compensation. Alliant has been in discussions with the CSRMA Officers Committee over the past week over these developments and the Officers Committee and Alliant Management are in agreement that there is no current reason to re-market these placements prior to their next natural renewal dates, which are 7/1/09. Indeed, this is Alliant's official corporate position as both of these AIG subsidiaries remain strongly rated by A.M. Best. At the renewal of the current property and workers compensation programs, all options will be considered. There is plenty of public information concerning AIG's situation available. If you would like us to point you to any, or if you have any questions, please do not hesitate to call Seth Cole, Myron Leavell or myself. Thank you." Let me know if you have any questions or if I can provide additional information for the Finance Committee. Regards, Seth Seth Cole, ARM Vice President Driver Specialty Group Alliant Insurance Services, Inc., CA License #OC36831 600 Montgomery Street, 9th Fl., San Francisco, CA 94111 Ph: (415) 403-1419; Fax: (415) 402-0773 scole@alliantinsurance.com This e-mail and all attachments to it are for the sole u~e of the intended recipients and may contain proprietary information and trade secrets of Alliant Insurance se~. ices, Inc. and its subsidiaries. This e-mail may also contain information which is confidential or which is protecte from disclosure by privilege. Any unauthorized use, disclosure or distribution of this e-mail and its attachments is pro ibited. If you are not the intended recipient, let us know by reply e-mail and then erase and destroy all electronic or oth~r copies of this message. file://C:\Documents and Settings\dratcliff\Local Setti~gs\Temp\GW}OOOOl.HTM 9/2512008 i ~.a.....,. ~lljant September 17, 2008 To our valued clients, As I am sure you have now heard, last night the Federal Reserve extended a line of credit of $85 billion to AIG. In return, the US government will apparently receive a 79.9% equity interest in AIG and will effectively take control of the company. The primary cause of this liquidity crisis appears to be primarily related to one of AIG's non-insurance subsidiaries which is heavily involved in the deteriorating mortgage- related credit swaps, and which were apparently guaranteed by the parent company of AIG. Even though AIG has consistently asserted that its insurance operations have remained separate and solvent throughout this crisis, we clearly view this as very good news for our AIG policyholders. The 2 year Fed loan is expected to prevent the troubled parent company from immediate collapse and provide a sufficient amount of time for the company to take a measured approach in selling off certain AIG operations. Although speculative, it appears that the core commercial insurance operations would not be made available for sale. In light of this positive news, we are modifying our position as it relates to the remarketing of our client's AIG policies. As opposed to an automatic remarketing, if you, our client, would like us to provide a midterm remarketing of your AIG policy we are prepared and more than willing to do so upon your direction. Regardless, you should know that upon your next renewal or anniversary we fully expect your client representative to provide you with a full remarketing of your insurance placements and, hopefully, alternatives to consider. Although it appears the depth of this crisis may be behind us, this issue remains fluid and could potentially change again. We are working hard to remain abreast of this situation and will continue to inform you of any material changes as it relates to AIG and your insurance placements. As always, if you would like any further information, please do not hesitate to contact your client representative at any time. Sincerely, (]1p Thomas W. Corbett Chairman and CEO Alliant Insurance Services, Inc. Alliant Insurance Services, Inc. . 130] Dove Street. Suite 200 . Newport Beach, CA 92660 PHONE (949) 756-0372 . www.alliantinsurancc.com '5. a... · fI Commercial Insurance · Last night, AIG's Board of Directors approved a transaction with the Federal Reserve Bank of New York to provide a 24-month liquidity facility to AIG in the amount of $85 billion. Access to this facility will allow the parent company, AIG, to address its immediate liquidity needs, which is clearly a positive development for policyholders, brokers, employees and shareholders. · In connection with this transaction, the Federal government will receive a 79.9 percent equity interest in AIG. · In addition, AIG Chairman and Chief Executive Officer, Robert Willumstad, has resigned his position with AIG. Edward M. Liddy, former Chairman of the Allstate Corporation, has been named AIG's new Chief Executive Officer. · Although the New York and Pennsylvania insurance departments were prepared to allow AIG to exchange certain liquid investment holdings of the insurance companies for high-valued, less liquid holdings of the parent company, this transaction was not necessary. The regulators' consideration of this option demonstrates their confidence in the financial strength of AIGCl's subsidiaries. · The Federal government's willingness to act highlights AIG's critical role in the global financial markets. Here are some additional facts that you should know: · It is important to remember that AIGCl's subsidiaries, including Lexington, National Union and American Home, continue to be well capitalized with statutory surplus of $26.7 billion and invested assets exceeding $70 billion. · AIGCI has ample resources to pay policyholder claims, paying $73 million in claims every single day. · AIGCl's statutory surplus has grown over 50% since 2005 to $26.7 billion, exceeding the total shareholders' equity of all domestic commercial insurance holding companies. · AIGCI's Net Written Premium to Surplus Ratio, a key indicator of the amount of leverage of a property casualty organization is <1.0 with total NWP of $12.7 billion compared to policyholder surplus of $26.7 billion at the period ending June 30, 2008. · AIGCl's financial strength ratings are excellent and higher than many commercial insurance companies. If you have any questions, please do not hesitate to contact an AIG Commercial Insurance representative. AIG Commercial Insurance companies include: AIG Casualty Company, American Home Assurance Company, American International South Insurance Company, Commerce and Industry Insurance Company, Granite State Insurance Company, Illinois National Insurance Co., National Union Fire Insurance Company of Pittsburgh, Pa., New Hampshire Insurance Company, The Insurance Company of the State of Pennsylvania, AIG Excess Liability Insurance Company Ltd., American International Specialty Lines Insurance Company, Landmark Insurance Company and Lexington Insurance Company. AIG Commercial Insurance is the marketing name for the domestic commercial property casualty insurance operations of American International Group, Inc. For additional information, please visit our website at www.aia.com. All products are written by insurance company subsidiaries of AIG Commercial Insurance Group, Inc. Coverage may not be available in all jurisdictions and is subject to actual policy language. Non-insurance products and services may be provided by independent third parties. .. Commercial Insurance 175 Water Street New York, NY 10038 www.aiQ.com New York State Insurance Department NEWS RELEASE 6 .eL.. Contact: Public Affairs (212) 480-5262 www.ins.state.ny.us Eric R. Dinallo Superintendent oflnsurance 25 Beaver Street New York, N.Y. 10004 ISSUED 9/22/2008 FOR IMMEDIATE RELEASE AIG POLICYHOLDERS SHOULD BE CAREFUL IF APPROACHED TO REPLACE POLICIES Insurance companies are financially sound; switching may have hidden costs; insurers, brokers and agents warned to follow consumer protection rules AIG's insurance companies are financially sound, with substantially more in assets than they need to pay all valid present and projected claims, Insurance Superintendent Eric Dinallo today reassured New York policyholders. Dinallo also announced he would issue notices to insurance companies, agents and brokers, reminding them of their responsibilities under New York Insurance Law to fully inform consumers of the possible costs of switching life insurance, annuity and other policies. "Don't worry and don't make any rash decisions if you have a policy issued by an AIG insurance company," Dinallo said. "All your covered claims will be paid and all your annuity checks will come. Making sure insurance companies are solvent and able to pay every valid claim is my number one job, and the AIG insurance companies are strong and solvent. "If you have a life insurance or annuity policy and someone tells you to replace it because of the troubles at AIG's parent company, call the Insurance Department immediately at 1-800-339- 1759," Dinallo said. "Replacing or liquidating a life insurance policy or an annuity can have heavy hidden costs and tax consequences. That is why our Insurance Law requires that you get all the information you need to make an educated decision in your best interests. There may be a cancellation penalty if you cancel your automobile or homeowners policy. If someone tells you to replace any policy because an AIG insurance company is in trouble and may not be able to pay your claim, that is not only untrue, it is against the law. Call us. Some regulators have received reports that this is happening. We will not allow it to happen in New York. We will protect consumers from improper sales practices." Dinallo explained that the trouble with AIG is largely with AIG's non-insurance parent company, which is not regulated by the states and therefore not held to the same investment, accounting and capital adequacy standards as its state-regulated insurance subsidiaries. The insurance subsidiaries are solvent and able to pay their obligations. "The financial strength of the insurance companies is why Governor Paterson was able to take a leadership role in efforts to rescue AIG," Dinallo said. "As an example, unlike the troubled parent company, the property and casualty insurance company New York regulates has significantly more in assets over and above the reserves required to cover all valid current and future claims. As regulators, we make sure the assets of the insurance companies are walled off, protected from the parent company's troubles and available to pay all your covered claims." Why are the insurers in a much better position than the financially challenged parent? State insurance regulators have numerous actions they can take to prevent an insurer from failing. Rating downgrades and drops in share price do not change an insurer's ability to pay claims. 5..OJ. From conservative accounting rules and mandatory annual CPA audits to investment regulations/limitations and minimum capital/surplus requirements, a state insurance regulator's "toolbox" allows insurers to handle greater losses than other parts of the financial sector in down- market cycles. Additional regulatory tools include performing regular, periodic financial analysis of insurers, and on-site examinations. How are the policyholders protected, in the unlikely event that the insurer fails? Claims from individual policyholders are given the utmost priority over other creditors in these matters - and, in the unlikely event that assets are not enough to cover these claims, there is still another safety net in place to protect consumers: the state guaranty funds. These funds are in place in all states. If an insurance company becomes unable to pay claims, the guaranty fund will provide coverage, subject to certain limits, similar to the FDIC's coverage for bank accounts. This entire solvency framework and safety net for policyholders is uniform in every state. How did the AIG parent get into financial distress? Non-insurance entities are not subject to the strict solvency framework applied to insurers. This allowed various non-insurers to engage in risky credit transactions (huge positions in credit derivative swaps on mortgage-backed securities) without the appropriate limits and minimum capital/surplus to protect the company from a downswing in the mortgage-backed security markets. Per the federal Gramm-Leach-Bliley Act (GLBA), insurance regulatory authority only applies to actual insurance entities and transactions with those entities. Within AIG, there are 71 U.S. insurers subject to this authority. The remaining 176 entities are split between foreign entities and non-insurance U.S. entities. The New York State Insurance Department has closely monitored the financial condition of the insurance companies it regulates. Under the direction of Governor David A. Paterson, the Department worked with AIG, the Federal Reserve, the NAIC and others to facilitate transactions intended to help shore up the parent company and preserve New York jobs. The NAIC named Dinallo chair of the working group established to oversee AIG insurance interests and ensure that policyholders of the insurance subsidiaries remain protected. This oversight will continue as AIG operates under the credit facility offered by the Federal Reserve. The Department has undertaken various measures, including establishing an AIG hotline, to keep New York policyholders informed. A list of Frequently Asked Questions for Consumers is available at the Department's website, www.ins.state.ny.us. Consumers with questions on AIG should call the Department's AIG hotline at 1-800-339-1759 from 9 a.m. to 8 p.m., Monday though Friday. ### AIG Frequently Asked Questions and Answers Question: Is AIG going bankrupt? Answer: AIG is an international financial holding company with numerous businesses. Your insurance and annuity policies are written by AIG's insurance companies. Those companies are financially strong and their assets are protected by state regulators. Question: Are the insurance and annuity policies I purchased from AIG safe or am I going to lose my money? Answer: Your policies are safe. AIG's insurance companies are financially strong and fully able to honor all policyholders' claims. The New York State Insurance Department will continue to closely monitor the situation to ensure policyholders are protected and that there will continue to be sufficient assets to pay claims. Question: Should I cash in my insurance and annuity policies and purchase insurance from another insurer? 5 . a.... Answer: As stated above, the AIG insurance companies are financially strong so your policies are not in jeopardy. Whether you should cash in your insurance policy or switch insurance to another insurer is, as always, a personal decision. Please be aware that some policies may contain surrender charges and/or cancellation penalties. Call the Insurance Department's AIG hotline at 1-800-339-1759 to find out all the information your agent or broker should give you before you make a decision. Talk to your financial adviser before making any decisions. If you have any insurance policy with an AIG company and someone tells you to replace it because of the troubles at AIG's parent company or supposed trouble at the insurance company, call the Insurance Department's AIG hotline immediately at 1-800-339-1759. Question: Should I pay the insurance premium bill that I just received from AIG? Answer: Yes, in order for your coverage with AIG to continue, you will need to pay the insurance premiums. Failure to pay your premiums can result in the termination of your insurance policies by the insurance company. Question: Would my insurance and annuity policies have been protected had AIG been declared insolvent and ordered to be liquidated by a court? Answer: There are guaranty funds in place in all states which act as a safety net in the event an insurer becomes insolvent. We have answers to some of your questions on New York's guaranty fund here. For policies issued to residents of New York, the Life Insurance Company Guaranty Corporation of New York protects life insurance policies as well as annuity contracts and accident and health insurance policies issued by licensed life insurers, subject to certain limitations. You may obtain information about the Guaranty Corporation by viewing the Policyholder Protection Brochure at http://www.ins.state.ny.us/consumer/life/licgc brochure.pdf or visiting the company's website at www.nylifcga.org. There are also guaranty funds in place for certain Property/Casualty insurance policies such as automobile, homeowners and Workers' Compensation insurance. Question: I heard the government may take over AIG. What are state regulators doing to make sure AIG insurance companies will continue to be able to pay claims? Answer: The agreement between AIG and the Federal Reserve protects the assets of the insurance companies so they will be available to pay claims. New York Insurance Superintendent Eric Dinallo heads a working group established by the National Association of Insurance Commissioners to oversee AIG insurance interests and make sure policyholders continue to be protected during this process. Any significant transaction affecting an AIG insurance company will need approval from state regulators. Question: What can I do if! am having difficulty getting through to AIG on the telephone? Answer: You may obtain information about filing a complaint with the New York State Insurance Department by visiting http://www.ins.state.ny.us/complhow.htm. Question: What number can I call to speak with someone at the New York State Insurance Department? Answer: The Insurance Department's AIG toll free hotline is 1-800-339-1759. As an alternative, you may e-mail us at consumers@ins.state.ny.lIs with your contact information and we will return your call within 24 hours. ### ~ /)/1 'IIPr OlilGIN4l I/tk 9j~ /. o.g CENTRAL CONTRA COSTA SANITARY DISTRICT FINANCIAL STATEMENTS JUNE 30~ 2008 TABLE OF CONTENTS Independent Auditors' Report Management's Discussion and Analysis Statement of Net Assets Statement of Revenues, Expenses, and Changes in Net Assets Statement of Cash Flows Notes to Financial Statements Supplementary Information: Combining Schedule of Statement of Net Assets Combining Schedule of Statement of Revenues, Expenses, and Changes in Net Assets Schedule of Running Expense - Comparison of Budget and Actual Expenses by Department Running Expense - Schedule of Supplemental Net Assets Analysis Pal!e No. 1 2-6 7 8 9 10 - 28 29 30 31 32 INDEPENDENT AUDITORS' REPORT To the Board of Directors of Central Contra Costa Sanitary District Martinez, California We have audited the accompanying financial statements of the Central Contra Costa Sanitary District as of and for the years ended June 30, 2008 and 2007, as listed in the table of contents. These basic financial statements are the responsibility of the District's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the State Controller's Audit Requirements for California Special Districts. Those standards require that we plan and perform the audit to obtain a reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of the Central Contra Costa Sanitary District as of June 30, 2008 and 2007, and the results of its operations and its cash flows for the years then ended in conformity with accounting principles generally accepted in the United States of America, as well as accounting systems prescribed by the State Controller's office for special districts. The Management's Discussion and Analysis is not a required part of the basic financial statements but is supplemental information required by the Government Accounting Standards Board. We have applied certain limited procedures, which consisted principally of inquiries of management regarding the methods of measurement and presentation of the required supplementary information. However, we did not audit this information and express no opinion on it. Our audit was performed for the purpose of forming an opinion on the financial statements taken as a whole. The financial information listed as supplementary information in the table of contents is presented for purposes of additional analysis and is not a required part of the basic financial statements. Such infoffi1ation has been subjected to the auditing procedures applied in the audit of the basic financial statements taken as a whole. CROPPER ACCOUNTANCY CORPORATION September 12,2008 MANAGEMENT'S DISCUSSION AND ANALYSIS This section of the District's annual financial report presents an analysis of the District's financial performance during the fiscal year ended June 30, 2008. This information is presented in cOl~unction with the audited financial statements, which follow this report. FINANCIAL HIGHLIGHTS The District's 2007-08 financial highlights are listed below. These results are discussed in more detail later in the report. . The District's total ending net assets increased by $17.9 million or 3.06% in 2007-08 when compared to fiscal year 2006-07 . Total revenues were $82.2 million in 2007-08 compared to $79.7 million in 2006-07 . Total 2007-08 expenses were $75.0 million compared to $71.1 million in 2006-07 . Capital Contributions decreased from $12.4 million in 2006-07 to $10.7 million in 2007-08 OVERVIEW OF THE FINANCIAL STATEMENTS This annual report includes the management's discussion and analysis report, the independent auditor's report and the basic financial statements of the District. The financial statements also include notes that explain information in the financial statements in more detail. REOUIRED FINANCIAL STATEMENTS The Financial Statements of the District report information utilizing methods similar to those used by private sector companies. These statements offer short and long-term financial information about its activities. . Statement of net assets - reports the District's current financial resources (short-term spendable resources) with capital assets and long-term obligations . Statement of revenues, expenses and changes in net assets - reports the District's operating and non-operating revenues by major source along with operating and non-operating expenses and capital contributions . Statement of cash flows - reports the District's cash flows from operating activities, investing, capital and noncapital financing activities 2 STATEMENT OF NET ASSETS The following table shows the condensed statement of net assets of the Central Contra Costa Sanitary District for the past two years: Condensed Statement of Net Assets Fiscal Year Fiscal Year Dollar Percent 2007-2008 2006-2007 Challlle Change Current Assets $ 86,373,020 $ 80,148,191 $ 6,224,829 7.77% Capital Assets 560,288,889 543,622,261 16,666,628 3.07% Other Non-current Assets 5,219,183 5,506,090 (286,907) -5.21% Total Assets 651,881,092 629,276,542 22,604,550 3.59% Long-Term Debt 31,009,990 27,949,270 3,060,720 10.95% Other Liabilities 19,261,007 ]7,591,395 ] ,669,612 9.49% Total Liabilities 50,270,997 45,540,665 4,730,332 10.39% Invested in Capital Assets, Net of Related Debt 532,375,068 513,580,658 ]8,794,410 3.66% Restricted - Debt Service 3,185,416 3,216,163 (30,747) -0.96% Unrestricted 66,049,6] ] 66,939,056 (889,445) -1.33% Total Net Assets $ 601,610,095 $ 583,735,877 $ 17,874,218 3.06% The total net assets of the District increased to $601.6 million in 2007-08, a $17.9 million increase from 2006-2007. The increase in net assets is the result of net income of $7.2 million and capital contributions of $10.7 million (shown in the next table). By far the largest portion of the District's net assets (88.5% percent) reflects its investment in capital assets (e.g. land, buildings, machinery, equipment, and sewer line infrastructure), less any related debt used to acquire those assets that is still outstanding. The District uses these capital assets to provide services to its ratepayers; consequently, these assets are not available for future spending. Although the District's investment in its capital assets is reported net of debt, it should be noted that the resources needed to repay this debt must be provided from other sources, since the capital assets themselves cannot be used to liquidate these liabilities. There is currently $3.2 million restricted for debt service. The remaining balance of unrestricted net assets ($66.0 million) may be gsed to meet the District's ongoing obligations to its ratepayers and creditors. This space intentionally left blank 3 REVIEW OF REVENUES, EXPENSES. AND CHANGES IN NET ASSETS The following table shows the condensed statement of revenues, expenses, and changes in net assets for the Central Contra Costa Sanitary District: Condensed Statement of Revenues, Expenses, and Changes in Net Assets Fiscal Year Fiscal Year 08 06 Dollar Ch Percent 2007-20 20 -2007 ane:e Chane:e Sewer Service Charges (SSC) $ 48,414,017 $ 44,100,883 $ 4,313,134 9.78% Other Service Charges and misc. 1,465,569 1,657,238 (191,669) -11.57% Total Operatine: Revenue 49,879,586 45,758,121 4,121,465 9.01% Customer Contributions (SSC) 14,970,637 15,945,915 (975,278) -6.12% Property Tax 12,254,168 II ,762,731 491,437 4.18% Permit & Inspection Fees 1,335,160 1,615,308 (280,148) -17.34% All Other 3,771,438 4,574,156 (802,718) -17.55% Total Non-Operatine: Revenues 32,331,403 33,898,110 (1,566,707) -4.62% Total Revenues 82,210,989 79,656,231 2,554,758 3.21% Total Labor and Benefits 37,312,472 34,678,665 2,633,807 7.59% Chemicals & Utilities 7,223,877 7,024,986 198,891 2.83% Repairs and Maintenance 2,985,670 3,254,643 (268,973) -8.26% Professional, Legal and Outside Services 2,613,658 2,298,712 314,946 13.70% Materials & Supplies 1,728,963 1,734,504 (5,541) -0.32% Hauling and Disposal 877,885 850,439 27,446 3.23% Self-Insurance Expense 916,639 519,284 397,355 76.52% All Other 1,247,298 1,444,082 (196,784) -13.63% Depreciation Expense 18,615,747 17,714,714 901,033 5.09% Total Opera tine: Expenses 73,522,209 69,520,029 4,002,180 5.76% Non-Operating Expense - Interest (90,962) Expense 1,518,142 1,609.1 04 -5.65% Total Expenses 75,040,351 71,129,133 3,911,218 5.50% Income (Loss) Before Capital Contributions 7,170,638 8,527,098 (1.356,460) -15.91% Contributed Sewer Lines 1,444,420 3,521,704 (2,077,284) -58.99% Capital Contributions - Connection Fees 9,259,160 8,917,658 341,502 3.83% Total Capital Contributions 10,703,580 12,439,362 (1,735,782) -13.95% Chane:e in Net Assets 17,874,218 20,966,460 (3,092,242) -14.75% Bee:innine: Net Assets 583,735,877 562,769.417 20,966,460 3.73% Ending Net Assets $ 601,610,095 $ 583,735,877 $ 17,874,218 3.06% In 2007-08, operating revenues increased by $4.1 million or 9.0%; non-operating revenue decreased by $1.6 million or -4.6%. The change in total revenue resulted in an increase of $2.6 million or 3.2%. The SSC rate increased in 2007-08 by 3.7%, and the Sewer Service allocation between operating and non- operating revenue changed in 2007-08, reflecting a $4.3 million increase in SSC Operating Revenue and the $1.0 million decrease in non-operating revenue. Property Tax revenue had a modest $500,000 increase due to a 4% growth to the tax base, in spite of the sub-prime mortgage crisis. In 2007-08, pelmit and inspection fees decreased in the struggling economy, and lower interest earnings on District investments resulted in a $1.1 million revenue decrease compared to 2006-07. 4 In 2007-08, operating expenses increased by $4.0 million or 5.8%. This is mainly due to increases in total labor, depreciation expense, increased self-insurance claims, technical services, chemical, and utility costs. The District booked the second annual GASB 45 liability accrual in the amount of $2.8 million, which is included in employee benefits. Depreciation expense increased by $900,000, reflecting new capital additions. Non-Operating Expense, which is made up of debt service interest expense decreased slightly as more principal was paid off. Total 2007-08 income before capital contributions decreased from $8.5 million in 2006-07 to $7.2 million in 2007-08 for a net decrease of $1.4 million or -15.9%. Capital contributions in 2007-08 were $10.7 million compared to $12.4 million in 2006-2007, resulting in a decrease of $1.7 million or -14.0%. This was mainly due to less contributed sewer lines and connection fees increased due to one-time revenues in spite of housing construction slowing in general. The total change in net assets increased from $583.7 million in 2006-07 to $601.6 million in 2007-08. CAPITAL ASSETS As of June 30, 2008, the District's investment in capital assets totaled $560.4 million, which is an increase of $16.8 million or 3.08% over the capital asset balance of $543.6 million at June 30, 2007. Capital assets include the District's entire major infrastructure including wastewater treatment facilities, sewers, land, buildings, pumping stations, vehicles, and furniture and equipment exceeding our capitalization policy limit of $5,000, net of depreciation. A comparison of the District's capital assets over the past two fiscal years is presented below: Fiscal Year Fiscal Year 2006 Dollar Ch Percent C . aoUal Assets 2007-2008 -2007 anl!e Change Land $ 17,114,720 $ 17,114,720 $ - 0.00% Sewage Collection System 242,806,977 226,796,748 16,010,229 7.06% Contributed Sewer Lines 145,596,316 144,151,897 1,444,419 1.00% Outfall Sewers 8,518,443 8,518,443 - 0.00% Sewage Treatment Plant 264,327,208 255,008,296 9,318,912 3.65% Recvcled Water Infrastructure 11,936,662 11,726,507 210,155 1.79% Pumping Stations 51,632,331 50,082,876 1,549,455 3.09% Buildings 19,987,656 19,537,601 450,055 2.30% Furniture & Equipment 13,730,782 12,951,529 779,253 6.02% Motor Vehicles 5,224,941 4,575,910 649,031 14.18% Construction In Progress 28,515,814 24,536,196 3,979,618 16.22% Subtotal 809,391,850 775,000,723 34,391,127 4.44% Less Accumulated Depreciation 249,002,961 231,378,462 17,624,499 7.62% Total Capital Assets (net of depreciation) $ 560,388,889 $ 543,622,261 $ 16,766,628 3.08% The maj or reasons for the increase of $16.8 million in capital assets, net of depreciation, are: . Sewer pipe ongoing renovations, pumping station improvements, and contributed sewer lines ($19 million) . Treatment plant infrastructure renovations, upgrades, equipment, and improvements ($9.3 million) . Construction In Progress increased by $4.0 million due to increased project activity . Buildings, Recycled Water Infrastructure, Furniture & Equipment, and Motor Vehicles ($2.1 million) 5 . These increases are offset by an increase in accumulated depreciation due to our increasing capital asset value and its associated depreciation expense (-$17.6 million) See Note #4 in the audited [mancial statements. DEBT ADMINISTRATION The District has the following outstanding debt as of June 30, 2008: ] 998 Revenue Refunding Bonds 2002 Revenue Bonds Water Reclamation Loan Contract $ ]2,292,648 ]4,220,000 1,629,250 28,]41,898 $ See Note #6 in the audited financial statements. ECONOMIC AND OTHER FACTORS Changes in the state budget have a significant impact on the District. The State currently faces a huge budget deficit. Previous California budget deficits were partially remedied by shifting a portion of local property tax to the state in 2004-05 and 2005-06. The tax shift ended in 2006-07, and the voters passed Proposition 1 A that mandates the State repay any future property tax that it borrows. Still, there were several proposals made in the 2008-09 budget process that could either allow for borrowing special district property tax, or eliminating it by shifting it to other government programs. It is probable that our property tax income will be eliminated by some means in the future. Regulatory requirements are becoming more stringent, causing the District to spend more on compliance, both for operations and maintenance costs and capital projects. Interest rates remain low, and this negatively impacts interest earnings. The future state of the economy, and the impact to the District, is in question at this time due to large drops in the stock market and failing investment comparnes. In addition to making efforts to reduce spending and improve process efficiencies, the District has the ability to raise the Sewer Service Charge to meet our long-term commitments. FINANCIAL CONTACT The financial repOlt is designed to provide our customers and creditors with a general overview of the District's finances and to demonstrate the District's accountability for the money it receives. If you have questions about this report or need additional financial information, contact: Controller, Central Contra Costa Sanitary District, 5019 Imhoff Place, Martinez, CA 94553. 6 CENTRAL CONTRA COSTA SANITARY DISTRICT Statement of Net Assets June 30, 2008 and 2007 2008 2007 ASSETS Current Assets Cash and investments available for operations $ 66,565,766 $ 63,865,052 Accounts receivable 17,002,243 13,907,341 Interest receivable 340,273 61 ,207 Parts and supplies 1,612,059 1,543,018 Prepaid expenses 652,679 771,573 Total CUlTent Assets 86,173,020 80,148,191 Noncurrent Assets Restricted cash and investments 3,696,773 3,569,117 Land, property, plant and equipment, net of accumulated depreciation 531,773,075 519,086,064 Construction in progress 28,515,814 24,536,197 Contractual assessment district receivable 1,394,333 1,678,216 Revenue bond issuance costs, net of amortization 228,077 258,757 Total Noncunent Assets 565,608,072 549,128,351 Total Assets 651,781,092 629,276,542 LIABILITIES CUlTent Liabilities Accounts payable and accrued expenses 8,673,582 5,143,848 Interest payable 419,656 440,824 Cun-ent portion of refunding revenue bonds 2,300,000 2,210,000 CUlTent portion of water reclamation loan contract 144,759 141,090 CUlTent portion of accrued compensated absences 790,000 Liability for uninsured claims 629,820 629,820 Other postemployment benefits 5,990,813 3,157,887 Refundable deposits 312,377 555,281 Total Current Liabilities 19,261,007 12,278,750 N011CUlTent Liabilities Revenue bonds, net of current portion 24,212,648 26,320,020 Accrued compensated absences, net of CUlTent portion 5,312,851 5,312,645 Water reclamation loan contract, net of current portion 1,484,491 1,629,250 Total NonculTent Liabilities 31,009,990 33,261,915 Total Liabilities 50,270,997 45,540,665 NET ASSETS Invested in capital assets, net of related debt 532,375,068 513,580,658 Restricted for debt service 3,185,416 3,216,163 Unrestricted 66,049,611 66,939,056 Total Net Assets $ 601,610,095 $ 583,735,877 The accompanying notes are an integral part of the financial statements 7 ~-'--"----------~-~-~--~~._----""~-------""-'---_.'-'~~._~'-"-" --.---.----.--.- -,--","-"--'.' CENTRAL CONTRA COSTA SANITARY DISTRICT Statement of Revenues, Expenses, and Changes in Net Assets Years Ended June 30, 2008 and 2007 2008 2007 OPERATING REVENUE Sewer service charges (SSe) $ 40,207,157 $ 35,057,668 Service charges - City of Concord 8,206,860 9,043,215 Other service charges 869,589 793,395 Miscellaneous charges 595,980 863,843 Total operating revenue 49,879,586 45,758,121 OPERATING EXPENSES Sewage collection and pumping stations 10,905,468 10,332,732 Sewage treatment 22,054,203 21,438,368 Engineering 6,332,830 5,472,707 Administrative and general 15,613,961 14,561,508 Depreciation 18,615,747 17,714,714 Total operating expenses 73,522,209 69,520,029 OPERATING LOSS (23,642,623) (23,761,908) NON-OPERATING REVENUES (EXPENSES) Taxes 12,254,168 11,762,731 City of Concord cash contributions to capital costs 5,336,273 3,435,512 Customer cash contributions to capital cost (SSe) 9,634,364 12,510,403 Permit and inspection fees 1,335,160 1,615,308 Interest earnings 2,527,621 3,257,773 Interest expense (1,518,142) (1,609,104) Other income (expense) 1,243,817 1,316,383 Total non-operating revenues (expenses) 30,813,261 32,289,006 Income before contributions and transfers 7,170,638 8,527,098 Contributed sewer lines 1,444,420 3,521,704 Capital contributions - connection fees 9,259,160 8,917,658 CHANGE IN NET ASSETS 17,874,218 20,966,460 Total Net Assets - Beginning 583,735,877 562,769,417 Total Net Assets - Ending $ 601,610,095 $ 583,735,877 The accompanying notes are an integral part ofthe financial statements 8 CENTRAL CONTRA COSTA SANITARY DISTRICT Statement of Cash Flows Years Ended June 30, 2008 and 2007 2008 2007 Cash Flows From Operating Activities: Receipts fi'om customers and users $ 46,825,663 $ 41,606,988 Payments to suppliers (7,360,135) (11,878,232) Payments to employees and related benefits (40,326,309) (34,004,606) Net cash provided by (used in) operating activities (860,781) (4,275,850) Cash Flows From Noncapital Financing Activities: Receipt of taxes 12,254,168 11,762,731 Inspection/permit fees and other non-operating income 2,578,977 2,931,692 Net cash provided by (used in) non capital 14,833,145 14,694,423 and related financing activities Cash Flows From Capital And Related Financing Activities: Capital contributions 14,970,637 15,945,915 Connection fees 9,259,160 8,917,658 Acquisition and construction of capital assets (33,855,254) (39,768,810) Principal paid on bonds (2,158,462) (2,079,887) Interest paid on bonds (1,508,630) (1,793,559) Net cash provided by (used in) capital and related financing activities (13,292,549) (18,778,683 ) Cash Flows From Investing Activities Interest received 2,248,555 3,961,292 Net decrease in cash and cash equivalents 2,928,370 (4,398,818) Cash and cash equivalents, July 1 67,434,169 71,832,987 Cash and Cash equivalents, June 30 $ 70,362,539 $ 67,434,169 Reconciliation of operating loss to net cash provided (used) by operating activities Operating gain (loss) (23,642,623) (23,761,908) Adjustment to reconcile operating income to net cash provided (used) by operating activities: Depreciation expense 18,615,747 17,714,714 Net book value on capital assets retired 17,299 142,652 (Increase) decrease in: Accounts receivable (2,811,019) (2,493,895) Parts and supplies (69,041) 19,001 Prepaid expenses 118,895 443,538 Increase (decrease) in: Accounts payable and accrued expenses 3,529,733 428,269 Refundable deposits (242,904) (38,935) Other postemployment benefits 2,832,926 3, I 57,887 Accrued compensated absences 790,206 112,827 Net cash provided by (used in) operating activities $ (860,781) $ (4,275,850) Noncash investing, capital, and financing activities Contributions of capital assets $ 1,444,420 $ 3,521,704 End of Period: Unrestricted cash and equivalents $ 66,565,766 63,865,052 Restricted cash and equivalents 3,696,773 3,569,117 $ 70,262,539 $ 67,434,169 The accompanying notes are an integral part of the financial statements 9 CENTRAL CONTRA COSTA SANITARY DISTRICT Notes to Financial Statements Years Ended June 30, 2008 and 2007 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Reporting Entity The Central Contra Costa Sanitary District, a special district and a public entity established under the Sanitary District Act of 1923, provides sewer service for the incorporated and unincorporated areas under its jurisdiction. A Board of Directors comprised of five elected members governs the District. As required by accounting principles generally accepted in the United States of America, these basic financial statements present Central Contra Costa Sanitary District and its component unit. The component unit discussed in the following paragraph is blended in the District's reporting entity because of the significance of its operational or financial relationship with the District. Blended Component Unit - Component units are legally separate organizations for which the District is financially accountable. Component units may also include organizations that are fiscally dependent on the Disttict, in that the District approves their budget, the issuance of their debt or the levying of their taxes. In addition, component units are other legally separate organizations for which the District is not financially accountable but the nature and significance of the organization's relationship with the District is such that exclusion would cause the District's financial statements to be misleading or incomplete. For financial reporting purposes, the component unit discussed below is reported in the District's financial statements because of the significance ofits relationship with the District. The component unit, although a legally separate entity, is reported in the financial statements using the blended presentation method as if it were part of the District's operations because the Governing Board of the component unit is essentially the same as of governing board of the District and because its purpose is to finance facilities to be used for the direct benefit of the District. The Central Contra Costa Sanitary District Facilities Financing Authority was organized solely for the purpose of providing financial assistance to the District by acquiring, consttucting, improving and financing various facilities, land and equipment purchases, and by leasing or selling certain facilities, land and equipment for the use, benefit and enjoyment of the public served by the District. The Corporation has no members and the Board of Directors of the Corporation consists of the same persons who are serving as the Board of Directors of the District. There are no separate basic financial statements prepared for the Corporation. Basis of Accounting The District's financial statements are prepared on the accrual basis in accordance with accounting principles generally accepted in the United States of America as promulgated by the Government Accounting Standards Board (GASB). In addition, the District applies all applicable Financial Accounting Standards Board (FASB) pronouncements issued on or before November 30, 1989, unless those pronouncements conflict with or contradict GASB pronouncements. The District is a proprietary entity; it uses an enterprise fund format to report its activities for financial statement purposes. Enterprise funds are used to account for operations that are financed and operated in a manner similar to private business enterprises, where the intent of the governing body is that the cost and expenses, including depreciation, of providing goods or services to its customers be financed or recovered primarily through user charges; or where the governing body has decided that periodic determination of revenues earned, expense incurred, and net income is appropriate for capital maintenance, public policy, management control, accountability, or other purposes. 10 CENTRAL CONTRA COST A SANITARY DISTRICT Notes to Financial Statements Years Ended June 30, 2008 and 2007 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) Enterprise funds are used to account for activities similar to those in the private sector, where the proper matching of revenues and costs is important and the full accrual basis of accounting is required. With this measurement focus, all assets and liabilities of the enterprise are recorded on its statement of net assets, all revenues are recognized when earned and all expenses, including depreciation, are recognized when incurred. Enterprise funds distinguish operating revenues and expenses from non-operating items. Operating revenues and expenses generally result from providing services and producing and delivering goods in connection with an enterprise fund's principal ongoing operations. The principal operating revenues of the District are charges to customers for services. Operating expenses for the District include the costs of sales and services, administrative expenses, and depreciation on capital assets. All revenues and expenses not meeting this definition are reported as non-operating revenues and expenses. For internal operating purposes, the District's Board of Directors has established four separate sub- funds, each of which includes a separate self-balancing set of accounts and a separate Board approved budget for revenues and expenses. These sub-funds are combined into the single enterprise fund presented in the accompanying financial statements. The nature and purpose of these sub-funds are as follows: Running Expense Running expense accounts for the general operations of the District. Substantially all operating revenues and expenses are accounted for in this sub-fund. Sewer Construction Sewer construction accounts for non-operating revenues, which are to be used for acquisition or construction of plant, property and equipment. Self Insurance Self insurance accounts for interest earnings on cash balances in this sub-fund and cash allocations from other sub-funds, as well as for costs of insurance premiums and claims not covered by the District's insurance coverage. Debt Service Debt service accounts for activity associated with the payment of the District's long term bonds and loans. That portion of the District's net assets which is allocable to each of these sub-funds has been shown separately in the accompanying financial statements. The District's Board of Directors adopts annual budgets on a basis consistent with accounting principles generally accepted in the United States of America. 11 CENTRAL CONTRA COSTA SAL'lITARY DISTRICT Notes to Financial Statements Years Ended June 30, 2008 and 2007 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) Investments Investments held at June 30, 2008, with original maturities greater than one year are stated at fair value. Fair value is estimated based on quoted market prices at year-end. All investments not required to be reported at fair value are stated at cost or amortized cost. Prep aids Certain payments to vendors reflect costs applicable to future accounting periods and are recorded as prepaid items in the fmancial statements. Bank Escrow Deposit An escrow agreement was formed between the District and the National Park Service for the Right of Way through the John Muir National Historic Site, in lieu of issuing a bond. The current Right of Way Permit is 10 years, but is renewable and must remain in effect so long as there is sewerage running through the area; therefore it is unlikely that the escrow funds will ever be released to the District. These funds are restricted cash in the financial statements. See note 2. Parts and Supplies Parts and supplies are valued at average cost and are used primarily for internal purposes. Property, Plant. and Equipment Purchased capital assets are stated at historical cost. Capital assets contributed to the District are stated at estimated fair value at the time of contribution. The capitalization threshold for capital assets is $5,000. Expenditures, which materially increase the value or life of a capital assets are capitalized and depreciated over the remaining useful life of the asset. Depreciation of exhaustible capital assets has been provided using the straight-line method as follows: Years Sewage Collection Facilities Sewage Treatment Plant and Pumping Plants Buildings Furniture and Equipment Motor Vehic1es 75 40 50 5 -15 6 - 15 12 CENTRAL CONTRA COSTA SANITARY DISTRICT Notes to Financial Statements Years Ended June 30, 2008 and 2007 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) Defined Contribution Retirement Plans District employees may defer a portion of their compensation under a District sponsored Deferred Compensation Plan created in accordance with Internal Revenue Code Section 457. Under this Plan, participants are not taxed on the deferred portion of their compensation until it is distributed to them; distributions may be made only at termination, retirement, death, or in an emergency as defined by the Plan. The District does not make contributions to the plan. On August 20, 1997, the provisions of the Internal Revenue Code covering section 457 were amended to require existing plans to establish trusts for assets of plans so that they would not be subject to the right of general creditors. The District amended its plan during the fiscal year ended June 30, 1999 to meet this requirement. Consequently, at June 30, 2008, the plans assets are held in trust for the exclusive benefit of the participants and are not included in the District's financial statements. The District also contributes to a money purchase plan created in accordance with Internal Revenue Code section 401(a). Contributions to the plan are made in accordance with a memorandum of understanding stating that in lieu of making payments to Social Security, the District contributes to the 401 (a) Plan an amount equal to that which would have been contributed to Social Security on behalf of its employees as long as the District is not required to participate in Social Security. The assets are held in trust and are not recorded on the books of the District. The District contributed $1,391,089 to the plan during the year ended June 30, 2008. Property Taxes Property tax revenue is recognized in the fiscal year for which the tax is levied. The County of Contra Costa levies, bills and collects property taxes for the District; all material amounts are collected by June 30. General County taxes collected are the same as the amount levied since the County participates in California's alternative method of apportionment called the Teeter Plan. The Teeter Plan as provided in Section 4701 at seq. of the State of Revenue and Taxation Code establishes a mechanism for the county to advance the full amount of property tax and other levies to taxing agencies based on the tax levy, rather than on the basis of actual tax collections. Although this system is a simpler method to administer, the County assumes the risk of delinquencies. The County in return retains the penalties and accrued interest thereon. Secured Property tax bills are mailed once a year during the month of October on the current secured tax roll, to the owner of the property as of the lien date (January 1). Payments can be made in two installments, and are due on November I and February I. Delinquent accounts are assessed a penalty of 10 percent. Accounts, which remain unpaid on June 30, are charged an additional 1 Y2 percent per month. Unsecured property tax is due on July I and becomes delinquent on August 31. The penalty percentage rates are the same as secured property tax. 13 CENTRAL CONTRA COSTA SANITARY DISTRICT Notes to Financial Statements Years Ended June 30, 2008 and 2007 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) Compensated Absences The liability for vested vacation, compensatory time, and sick pay is recorded as an expense when earned. District employees have a vested interest in 100 percent of accrued vacation time and 85 percent of accrued sick time for employees hired before May 1, 1985. Employees hired after May 1, 1985 have a vested interest in up to 40 percent of their sick time, based upon length of employment with the District. The accrued compensated absences increased to $6,102,851 from $5,312,645 in fiscal 2008. The current portion of the non-current liability to be used within the next year is estimated by management to be approximately $790,000. Statement of Cash Flows For purposes of the statement of cash flows, all highly liquid investments, including restricted assets, with maturities of three months or less when purchased, are considered to be cash equivalents. Included therein are petty cash, bank accounts, and the State of California Local Agency Investment Fund (LAIF). Restricted assets are debt service amounts maintained by fiduciaries and not available for general expenses. Use of Estimates The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosures of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period. Actual results could differ from those estimates. New Accounting Pronouncements In April 2004, GASB issued GASB No. 43, Financial Reporting for Postemployment Benefit Plans Other Than Pension Plans. This Statement provides guidance on how to report OPEB plans that qualify as a trust or agency funds or as fiduciary component units of either a participating employer, a plan sponsor, a public employee retirement system (CaIPERS, or other administering entity). The requirements for this statement are effective for fiscal periods beginning after December 15, 2006 provided GASB 45 is also implemented. The District will implement this standard in conjunction with GASB 45. In July 2004, GASB issued GASBS No. 45, Accounting and Financial Reporting by Employers for Postemployment Benefits Other Than Pensions. This Statement requires local governmental employers who provide other postemployment benefits (OPEB) as part of the total compensation offered to employees to recognize the expense and related liabilities (assets) in the government-wide financial statements of net assets and activities. This Statement establishes standards for the measurement, recognition, and display of OPEB expense/expenditures and related liabilities (assets), 14 CENTRAL CONTRA COSTA SA1~'1TARY DISTRICT Notes to Financial Statements Years Ended June 30, 2008 and 2007 1. Description of District and Summary of Sil!nificant Accountinl! Policies (continued) New Accounting Pronouncements (continued) note disclosures, and, if applicable, required supplementary information (RSI) in the financial reports of State and local governmental employers. Current financial reporting practices for OPEB are generally based on pay-as-you-go financing approaches. Current financial reporting practices fail to measure or recognize the cost of OPEB during the periods when employees render the services, or to provide relevant infonnation about OPEB obligations and the extent to which progress is being made in funding those obligations. The District is required to implement the provisions of this Statement for the fiscal year ended June 30,2009 (effective for fiscal years beginning after December 31,2007). See note 10 for additional information. In November of 2006, GASB issued GASBS No. 49. Accounting and Financial Reporting Pollution Remediation Obligations. The District is required to implement the provisions of this Statement for the fiscal year ended June 30, 2009 (effective for periods beginning after December 15, 2007). This standard addresses current or potential detrimental effects of existing pollution by participating in pollution remediation activities such as site assessments and cleanups. The scope of the document excludes pollution prevention or control obligations with respect to current operations, and future pollution remediation activities that are required upon retirement of an asset, such as a landfill closure. This statement may have a material effect on the financial statements of the District. In May of 2007, GASB issued GASBS No. 50, Pension Disclosures - an amendment of GASB Statements No. 25 and No. 27. The District is required to implement the provisions of this Statement for the fiscal year ended June 30, 2008 (effective for periods beginning after June 15, 2007). This Statement aligns more closely the financial reporting requirements for pensions with those for other postemployment benefits (OPEB) and, in doing so, enhances information disclosed in notes to financial statements or presented as required supplementary information (RSI) by pension plans and by employers that provide pension benefits. The reporting changes required by the Statement amend applicable note disclosure and RSI requirements of Statements No. 25, Financial Reporting for Defined Benefit Pension Plans and Note Disclosures for Defined Contribution Plans, and No. 27, Accounting for Pensions by State and Local Governmental Employers, to conform with requirements of Statements No. 43, Financial Reporting for Postemployment Benefit Plans Other Than Pension Plans, and No. 45, Accounting and Financial Reporting by Employers for Postemployment Benefits Other Than Pensions. We do not expect this statement to have a material effect on the financial statements ofthe District. In June of 2007, GASB issued GASBS No. 51. Accounting and Financial Reporting for Intangible Assets. The District is required to implement the provisions of this Statement for the fiscal year ended June 30, 2010 (effective for periods beginning after June 15,2009; for governments classified as phase 15 CENTRAL CONTRA COSTA SA~l:TARY DISTRICT Notes to Financial Statements Years Ended June 30, 2008 and 2007 1. Description of District and Summary of Sie:nificant Accountine: Policies (continued) New Accounting Pronouncements (continued) 2 under GASBS No. 34, retroactive reporting is required for intangible assets acquired in fiscal years ended after June 30, 1980). This Statement requires that all intangible assets not specifically excluded by its scope provisions be classified as capital assets. Governments possess many different types of assets that may be considered intangible assets, including easements, water rights, patents, trademarks, and computer software. Intangible assets, and more specifically easements, are referred to in the description of capital assets in Statement No. 34, Basic Financial Statements - and Management's Discussion and Analysis - for State and Local Governments. This reference has created questions as to whether and when intangible assets should be considered capital assets for financial reporting purposes. The implementation of the provisions of this standard may have a material effect on the financial statements of the District. In November of 2007, GASB. issued GASBS No. 52. Land and Other Real Estate Held as Investments by Endowments. The District is required to implement the provisions of this Statement for the fiscal year ending June 30, 2009 (effective for periods beginning after June 15, 2008). This Statement requires endowments to report their land and other real estate investments at fair value and governments to report the changes in fair value as investment income and to disclose the methods and significant assumptions employed to determine fair value, and other information that they currently present for other investments reported at fair value. Endowments exist to invest resources for the purpose of generating income. Other entities that exist for similar purposes-pension and other postemployment benefit plans, external investment pools, and Internal Revenue Code Section 457 deferred compensation plans-however, report land and other real estate held as investments at their fair value. We do not expect this statement to have a material effect on the financial statements of the District. In June of 2008, GASB issued GASBS No. 53. Accounting and Financial Reporting for Derivative Instruments. This Statement requires governments to measure derivative instruments at fair value in their economic resources measurement focus financial statements. Derivative instruments are often complex financial arrangements used by governments to manage specific risks or to make investments. By entering into these arrangements, governments receive and make payments based on market prices without actually entering into the related financial or commodity transactions. Derivative instruments associated with changing financial and commodity prices result in changing cash flows and fair values that can be used as effective risk management or investment tools. Derivative instruments, however, can also expose governments to significant risks and liabilities. Common types of derivative instruments used by governments include interest rate and commodity swaps, interest rate locks, options (caps, floors, and collars), forward contracts, and future contracts. The District is required to implement the provisions of the Statement for the fiscal year ending June 30, 2010 (effective for periods beginning after June 15, 2009), which should allow users of the financial statements to more fully understand the District's resources available to provide services. The District does not currently hold such instruments which would be classified as derivatives other than a minor amount held through the State Investment Pool and Cal Trust. 16 CENTRAL CONTRA COSTA SANITARY DISTlUCT Notes to Financial Statements Years Ended June 30, 2008 and 2007 2. CASH AND CASH EQUIVALENTS Summary of Investments Investments as of June 30, 2008 are classified in the accompanying financial statements as follows: Cash and investments available for operations Cash in escrow-in lieu of surety bond Restricted cash and investments Total Deposits and Investments * See note 1 - Bank Escrow Deposit General Authorizations $ 66,665,766 100,000 * 3,596,773 $ 70,362,539 Limitations as they relate to interest rate risk, credit risk, and concentration of credit risk are indicated in the schedules below: Authorized Investment Type U.S. Treasury Obligations Banker's Acceptance Commercial Paper (1) Collateralized Certificates of Deposit County Pooled Investment Funds Local Agency Investment Fund (LAIF) Maximum Remaining Maturity 1 year 180 270 1 year (2) N/A N/A Maximum Percentage of Portfolio None 40% 25% 30% None None Maximum Investment In One Issuer None 15% 10% 15% None None (1) Prime quality; limited to corporations with assets over $500,000,000 (2) Prior approval of the Board of Directors must be obtained to acquire maturities beyond one year 17 CENTRAL CONTRA COSTA SANITARY DISTRICT Notes to Financial Statements Years Ended June 30, 2008 and 2007 2. CASH AND CASH EQUIVALENTS (continued) Authorized Under Debt Agreements Maximum Maximum Maximum Remaining Percentage Investment Authorized Investment Type Maturity ofPOltfolio In One Issuer Federal Securities None None None Direct or indirect obligations of the following agencies of the USA: None None None Export-Import Bank None None None Famlers Home AdministJ:ation None None None Participation Celtificates issued by the General Services Administration None None None Mortgage-backed bonds or pass-through obligations issued by GNMA, FNMA, FHLMC, or FHA None None None Project notes issued by the US Department ofHUD None None None Public housing notes and bonds guaranteed by the USA None None None Certificates of Deposit (fully insured by FDIC) None None None Commercial Paper- US Corporations (1) 270 Days None None Bankers acceptances (1) 180 Days None None State Investment Pool (LAIF) None None None Money Market Funds (1) None None None (1) Rated highest short-term rating by S&P and Moody's Interest Rate Risk Interest rate risk is the risk that changes in market interest rates will adversely affect the fair value of an investment. Generally, the longer the maturity of an investment, the greater the sensitivity of its fair value to changes in market interest rates. The District manages exposure to interest rate risk by purchasing a combination of shorter term and longer term investments and by timing cash flows from maturities so that a portion of the portfolio is maturing or coming close to maturity evenly over time as necessary to provide the cash flow and liquidity needed for operations. The District's investments at year end with the exception of the U.S. Treasuries below are held in extemal investment pools which are liquid investments. Information about the sensitivity of the fair values of the District's investments to market interest rate fluctuation is provided by the following schedule that shows the distribution of the District's investment by maturity: Investment Type Treasury Bills and obligations Fair Value $3,596,773 Maturity 12/26/08 Total $ 3,596,773 18 CENTRAL CONTRA COSTA SANITARY DISTRICT Notes to Financial Statements Years Ended June 30, 2008 and 2007 2. CASH AND CASH EOUIV ALENTS (continued) Credit Risk Credit risk is the risk that an issue of an investment will not fulfill its obligation to the holder of the investment. This is measured by the assignment of a rating by a nationally recognized statistical rating organization. Presented below is the minimum rating by the California Government Code, the Districts' investment policy, or debt agreements, and the actual rating as of the year-end for each investment type. Not Minimum Required Rating as of Year End Fair Legal To Be AAA Unrated Investment Type Value Rating Rated Cash $ 1,265,766 A $1,265,766 Treasuries 3,596,773 A $3,596,773 CalTrust 29,000,000 N/A $29,000,000 State Investment Pool 36,500,000 N/A 36,500,000 Total $70,362,539 $1,265,766 $3,596,773 $65,500,000 Concentration of Credit Risk During the current fiscal year the District invested exclusively in U.S. Treasuries, CalTrust (a County Joint Powers Agency Authority) and State Investment Pool, which are not limited by the California Government Code or District Investment Policy. Investments in County Treasury - The District is considered to be a voluntary participant in an external investment pool. The fair value of the District's investment in the pool is reported in the accounting financial statements at amounts based upon the District's pro-rata share of the fair value provided by the County Treasurer for the entire portfolio (in relation to amortized cost of that portfolio). The balance available for withdrawal is based on the accounting records maintained by the County Treasurer, which is recorded on the amortized cost basis. Investment in the State Investment Pool - The District is a voluntary participant in the Local Agency Investment Fund (LAIF) that is regulated by California government code Section 16429 under the oversight of the Treasurer of the State of California. The fair value of the District's investment in the pool is reported in the accompanying financial statement at amounts based upon the District's pro-rata share of the fair value provided by LAIF for the entire LAIF portfolio (in relation to the amortized cost of that portfolio). The balance available for withdrawal is based on the accounting records maintained by LAIF, which is recorded on the amortized costs basis. 19 CENTRAL CONTRA COSTA SANITARY DISTRICT Notes to Financial Statements Years Ended June 30, 2008 and 2007 2. CASH AND CASH EQUIVALENTS (continued) Custodial Credit Risk - Investments Custodial risk for investments is the risk that, in the event of the failure of the counterparty (e.g. the broker-dealer) to a transaction, a government will not be able to recover the value of its investment or collateral securities that are in the possession of another party. The California Government Code does not contain legal or policy requirements that would limit the exposure to custodial credit risk. The District's policy is to use the services of the Treasurer's Office of the County of Contra Costa, which will transact the District's investment decisions in compliance with the requirements of the District's policy. The County Treasurer's Office will execute the District's investments through such brokers, dealers, and financial institutions as are approved by the County Treasurer, and through the State Treasurer's Office for investment in the Local Agency Investment Fund. 3. ACCOUNTS RECEIVABLE At June 30,2008, accounts receivable are comprised of the following: City of Concord (see Note 8) Household Hazardous Waste Partners All other $ 15,899,114 623,761 479,368 Total accounts receivable $ 17,002,243 This space intentionally left blank. 20 CENTRAL CONTRA COST A SANITARY DISTRICT Notes to Financial Statements Years Ended June 30, 2008 and 2007 4. LAND. PROPERTY. PLANT AND EQUIPMENT. AND CONSTRUCTION IN PROGRESS Property, plant and equipment, and construction in progress are summarized below for the year ended June 30, 2008: Balance Beginning Transfer Balance of Year Additions Retiremen ts from CIP End of Year At Cos t Capital assets not being depreciated Land $ 17,114,720 $ $ $ $ 17,114,720 Construction in progress 24,536,196 33,172,179 (925) (29,191,636) 28,515,814 Total non depreciated ass ets 41,650,916 33,172,179 (925) (29,191,636) 45,630,534 Capital assets being depreciated Sewage collection system 226,796,748 (667,540) 16,677,769 242,806,977 Contributed sewer lines 144,151,897 1,444,419 145,596,316 Outfall sewers 8,518,443 8,518,443 Sewage treatment plant 255,008,296 (31,000) 9,349,912 264,327,208 Recycled water infrastlUcture 11,726,507 210,155 11,936,662 Pumping stations 50,082,876 (5,000) 1,554,455 51,632,331 Buildings 19,537,603 450,053 19,987,656 Fumiture and equipment 12,951,529 (170,039) 949,292 13,730,782 Motor vehicles 4,575,910 783,074 (134,043) 5,224,941 Total depreciated assets 733,349,809 2,227,493 (1,007,622) 29,191,636 763,761,316 Less accumulated depreciation Sewage system and lines 31,481,641 3,170,171 (667,540) 33,984,272 Contributed assets 39,318,069 1,943,403 41,261,472 Outfall sewers 2,313,560 113,353 2,426,913 Sewage treatment plant 127,616,765 8,916,235 (31,000) 136,502,000 Recycled water infrastructure 3,087,909 465,579 3,553,488 Pumping stations 12,018,883 2,119,559 (5,000) 14,133,442 Buildings 4,697,854 620,465 5,318,319 Furniture and equipment 7,737,364 915,538 (153,666) 8,499,236 Motor vehicles 3,106,418 351,444 (134,043) 3,323,819 Total accumulated depreciation 231,378,463 18,615,747 (991,249) 249,002,961 Total capital assets being depreciated, net 501,971,346 (16,388,254) (16,373) 29,191,636 514,758,355 Capital assets, net $ 543,622,262 $ 16,783,925 $ (17,298) $ $ 560,388,889 21 CENTRAL CONTRA COSTA SANITARY DISTRICT Notes to Financial Statements Years Ended June 30, 2008 and 2007 5. CONTRACTUAL ASSESSMENT DISTRICTS The District established the Contractual Assessment District (CAD) program to help homeowners finance the cost of connecting to the District. The construction costs associated with the project within the program are capitalized and depreciated. Individual homeowners are assessed an amount equal to their share of the construction costs and connection fee. The assessments plus interest are generally payable over 10 years. At year-end, the receivable balance was $1,394,333. 6. LONG-TERM DEBT Revenue Bonds - 2002 In May 2002, the District issued $16,565,000 of Revenue Installment Certificates for Wastewater Facilities Improvements, with interest rates ranging from 4.0 to 5.0%. The bonds are secured by a pledge of revenue. Principal payments are due mIDually on September 1, commencing in fiscal year 2005, and interest is payable semi-annually on September 1 and March I of each year. Refunding Revenue Bonds -1998 & 1994 Defeased Debt In September 1998, the District issued $25,335,000 of Refunding Revenue Bonds with interest rates ranging from 3.5 and 4.7%. The Bonds are secured by a pledge of revenue. Principal payments are due aIIDually on September 1, and interest is payable semi-annually on September 1 and March 1. The District issued the 1998 Refunding Revenue Bonds to advance refund the 1994 Revenue Installment Certificates, which had interest rates of 5.25 to 6.25%. The net proceeds were deposited in an escrow fund to service and redeem the 1994 debt. As a result, the advance refunding met the requirements of an in-substance debt defeasance, and the outstanding balance of the 1994 debt was removed from the District's accounts. The 1994 issue no longer has an outstanding balance. The excess of the amount required to be deposited into the escrow fund over the net carrying amount of the 1994 debt resulted in a deferred loss. The deferred loss is reported as reduction of the new debt and is being amortized over the IS-year term of the new debt. Summary The changes in the District's long-term obligations during the year consisted of the following: Balance Deferred Balance Due in Julv 1. 2007 Cost Deductions June 30. 2008 One Year General obligation bonds $28,530,020 $ 192,628 $ 2,210,000 $26,512,648 $ 2,300,000 Water Reclamation Loan 1.770.340 141.090 1.629.250 144.759 $30.300.360 $ 192.628 $ 2.351.090 $ 28.141.898 $ 2.444.759 22 CENTRAL CONTRA COSTA SANITARY DISTRICT Notes to Financial Statements Years Ended June 30, 2008 and 2007 6. LONG-TERM DEBT (continued) Debt Service Requirements The 2002 and 1998 Revenue Bonds debt service requirements are as follows: 2002 1998 Debt Service Debt Service Requirement Requirement Total $ 1,271,061 $ 2,216,178 $ 3,487,239 1,265,261 2,216,478 3,481,739 1,263,561 2,222,341 3,485,902 1,265,762 2,217,429 3,483,191 1,266,391 2,216,648 3,483,039 6,332,714 4,440,595 10,773,309 7,617,525 7,617,525 20,282,275 15,529,669 35,811,944 (6,062,275) (2,209,669) (8,271,944) 14,220,000 13,320,000 27,540,000 (1,027,352) (1,027,352) 14,220,000 12,292,648 26,512,648 (635,000) (1,665,000) (2,300,000) $ 13,585,000 $ 10,627,648 $ 24,212,648 Fiscal Year Ending June 30, 2007 2009 2010 2011 2012 2013 2014 - 2018 2019 - 2024 Total Amount representing interest Principal outstanding Less: Unamortized deferred loss on refunding year end Less: Long-term portion of revenue bonds Short-tenn portion of revenue bonds Water Reclamation Loan Contract The District has entered into a contract with the State of California State Water Resources Control Board (the Board), where the Board advanced to the District $2,916,872 for design and construction costs for projects related to recycled water treatment programs. 23 CENTRAL CONTRA COSTA SANITARY DISTRICT Notes to Financial Statements Years Ended June 30,2008 and 2007 6. LONG-TERM DEBT (continued) Water Reclamation Loan Contract (continued) The District must repay advances from the Board over a 20-year period beginning March 31, 1999, with an interest rate of2.60%. Debt service requirements are as follows: Years 2009 2010 2011 2012 2013 2014 - 2018 Total Amount representing interest Debt Service Requirements $ 187,119 187,119 187,119 187,119 187,119 935,598 1,871,193 (241,943) 1,629,250 (144,759) $ 1,484,491 Less: Current portion of Water Reclamation Loan Contract Long term portion of Water Reclamation Loan Contract Local Improvement District Bonds Within the District's boundaries, there exist several Improvement Districts, which were formed for the sole purpose of financing sewer system improvements. The District has no oversight responsibility for these Districts and is not liable for repayment of any bonds issued to finance these local improvement districts. Contra Costa County acts as the agent for the property owners in these districts in collecting assessments, forwarding collections to bondholders, and initiating foreclosure procedures, if appropriate. The outstanding balance on these bonds was $100,000 at June 30, 2008. 7. RISK MANAGEMENT The District is exposed to various risks of loss related to torts: theft of, damage to, and destruction of assets; errors and omissions; injuries to employees; and natural disaster. The District joined with other entities to form the California Sanitation Risk Management Authority (CSRMA), a public entity risk pool currently operating as a common risk management and insurance program for the member entities. The purpose of CSRMA is to spread the adverse effects of losses among the member entities and to purchase excess insurance as a group, thereby reducing its cost. Through CSRMA, the District purchases property insurance and workers' compensation insurance. 24 CENTRAL CONTRA COSTA SANITARY DISTRICT Notes to Financial Statements Years Ended June 30, 2008 and 2007 7. RISK MANAGEMENT (continued) Insurance Coverage The District's insurance coverage is as follows: Type of Insurance Coverage All-Risk Property Fire Boiler & Machinery (Shared Limits per Occurrence) Liability Errors and Omissions Employment Practices Liabi]ity Employment Practices Liability General Liability Auto Liability Pollution (General Aggregate) General Liability (Occurrence) Pollution (Legal Liability Aggregate) (Claims Made) Workers' Compensation Excess Workers' Compensation Fiduciary Liability Liability for Uninsured Claims Insurer Public Entity Propelty Insurance Program (PEPIP) PEPIP Insurance Company of the State of Pennsylvania (AIG) AIG Admiral Insurance Company AIG AIG American Intemational Specialty Lines Insurance Co. American Intemational Specialty Lines Insurance Co CSRMA National Union Fire Insurance Company (statutory) Nation Union Fire Ins. Com Limits $505,541,991 $100,000,000 $ ]5,000,000 $ ]5,000,000 $ ],000,000 $ 15,000,000 $ 15,000,000 $ 5,000,000 $ 10,000,000 $ 750,000 $ 50,000,000 $ 1,000,000 Self Insured Deductible Per Occurrence $ 250,000 $ 250,000 $ 500,000 $ 1,000,000 $ 15,000 $ 500,000 $ 500,000 $ 5,000 $ 50,000 $ 750,000 $ 5,000 The Governmental Accounting Standards Board (GASB) requires state and local governments to record their liability for uninsured claims in their financial statements. The District's uninsured claims activity and exposure relates primarily to its general and automobile liability program. The District records its estimated liability for uninsured claims in this area based on the results of periodic actuarial evaluations. The actuarial evaluations are typically performed every two years. For intervening years, the liability for uninsured claims is reviewed for adequacy based on claims activity during the intervening period. 25 CENTRAL CONTRA COSTA SANITARY DISTRICT Notes to Financial Statements Years Ended June 30, 2008 and 2007 7. RISK MANAGEMENT (continued) Liability for Uninsured Claims (continued) For the fiscal year ended June 30, 2008, 2007, and 2006, settlements have not exceeded insurance coverage. Changes in the District's estimated liability for uninsured claims for fiscal years 2008, 2007, and 2006 are summarized as follows: 2008 2007 2006 Beginning balance $ 629,820 $ 881,500 $ 881,500 Provisions for claims incurred in the current year and changes in the liability for uninsured - claims incurred in prior years 387,095 (208,667) 198,292 Claims and claim adjustment expenses paid (387,095) (43,013) (198,292) Ending balance $ 629,820 $ 629,820 $ 881,500 8. AGREEMENT WITH THE CITY OF CONCORD In 1974, the District and the City of Concord (the City) entered into a cost-sharing agreement under which the District became responsible for providing sewage treatment facilities and services to the City. Under this agreement, the City pays a service charge for its share of operating, maintenance and administrative costs and makes a contribution for its share of facilities capital costs expended. Service charges and contributions to capital costs from the City totaled $8,206,860 and $5,336,273 respectively, for the year ended June 30, 2008. 9. PENSION PLAN Plan Description Substantially, all District full-time employees are required to participate in the Contra Costa County Employees' Retirement Association (CCCERA), a cost-sharing multiple-employer public employee deferred benefit retirement plan (Plan), governed by the County Employee's Retirement Law of 1937, as amended. The latest available actuarial and financial information for the Plan is for the year ended December 31, 2007. The Contra Costa Employees' Retirement Association issues a publicly available financial report that includes financial statements and supplemental information of the Plan. That report is available by writing to Contra Costa County Employees' Retirement Association, 1355 Willow Way, Suite 221, Concord, CA 94520-5728 or calling (925) 521-3960. The Plan provides for retirement, disability, and death and survivor benefits. Annual cost of living (COL) adjustments to retirement allowances can be granted by the Retirement Board as provided by State statutes. Service retirements are based on age, length of service and final average salary. Subject to vested status, employees can withdraw contributions plus interest credited, or leave them as a deferred retirement when they terminate, or transfer to a reciprocal retirement system. 26 CENTRAL CONTRA COSTA SANITARY DISTRICT Notes to Financial Statements Years Ended June 30, 2008 and 2007 9. PENSION PLAN (continued) Plan Contribution Requirement The Plan requires employees to pay one-half of the basic retirement benefit and one-half future COL costs. However, the District has paid the employee's basic contributions in accordance with the Memorandum of Understanding (MOD). The contribution requirement and payment from the District for the plan year ended June 30, 2008 and 2007 was as follows: Covered payroll for fiscal years ended June 30 2008 2007 2006 $ 22,503,704 $ 21,504,951 $ 20,687,905 8,757,705 8,045,860 7,202,912 892,488 861,387 812,220 $ 9,650,193 $ 8,907,247 $ 8,014,132 Employer contributions to pension Employee contributions to pension Total Contributions These contributions represented approximately 43%,41 % and 39% of covered payroll for the fiscal years ended June 30, 2008, 2007 and 2006, respectively, and were equal to the District's required contributions and the employee's basic contributions for each year. This space intentionally left blank. 27 CENTRAL CONTRA COSTA SANITARY DISTRICT Notes to Financial Statements Years Ended June 30, 2008 and 2007 10. POST EMPLOYMENT HEALTH CARE BENEFITS The District provides certain health care and life insurance benefits for retired employees. These benefits are provided for in negotiated employment agreements, commonly referred to as Memorandums of Understanding, which cover substantially all employees who reach normal retirement age while working for the District. These benefits, and similar benefits for active employees, are provided through a health maintenance organization and an insurance company whose premiums are based on the benefits paid during the year. The District recognizes the cost of providing those benefits by expensing the annual insurance premiums, which were $2,167,074 for the 178 eligible retirees for the year ended June 30, 2008. The Government Accounting Standards Board (GASB) published Statement 45 in 2004 with an effective date of fiscal year ending June 30, 2009 for the District. Statement 45 requires a minimum expense called the Annual Required Contribution (ARC) equal to the actuarial normal cost plus amortization of the Unfunded Actuarial Accrued Liability (UAAL) over 30 years (or less) as a level percentage of increasing payrolL An actuarial study was perfonned by the District as of June 30, 2007. The 2007 study estimated the District's Actuarial Accrued Liability (AAL) to be $68,447,956 based on an expected 5% discount rate. The Annual Required Contribution (ARC) is estimated to be $6,224,478 over a 30 year period. The District set aside $2,832,926 and $3,157,887 or $5,990,813 in 2008 and 2007, respectively, to comply with GASBS No. 45. The District is required to implement GASBS No. 45 by June 30, 2009. 11. COMMITMENTS AND CONTINGENCIES Commitments and contingencies, undeterminable in amount, include normal recurring pending claims and litigation. In the opinion of management, based upon discussion with legal counsel, there is no pending litigation which is likely to have a material adverse effect on the financial position of the District. Claims and losses are recorded when they are reasonably probable of being incurred and the amount is estimable. Insurance proceeds and settlements are recorded when received. The District has purchase commitments relating to construction projects at June 30, 2008 of $38,363,997. 28 SUPPLEMENTARY The accompanying notes are an integral palt of the financial statements 29 CENTRAL CONTRA COSTA SANITARY DISTRICT COMBINING SCHEDULE OF STATEMENT OF REVENUES, EXPENSES AND CHANGES IN NET ASSETS FOR THE YEAR ENDED JUNE 30, 2008 Running Sewer Self Debt Expense Construction Insurance Service Elimination Total Operating Revenues Sewer Service Charges (SSC) $ 40,207,157 $ $ $ $ $ 40,207,157 Service charges - City of Concord 8,206,860 8,206,860 Other service charges 869,589 869,589 Miscellaneous charges 595,980 595,980 Total operating revenues 49,879,586 49,879,586 Operating Expenses Sewage collection and pumping stations 10,905,468 10,905,468 Sewage treatment 22,054,203 22,054,203 Engineering 6,332,830 6,332,830 Administrative and general 15,828,965 916,639 (1,131,643) 15,613,961 Depreciation 18,615,747 18,615,747 Total operating expenses 73,737,213 916,639 (1,131,643) 73,522,209 Operating Loss (23,857,627) (916,639) 1,131,643 (23,642,623) Non-Operating Revenues (Expenses): Taxes 8,502,204 3,751,964 12,254,168 City of COil cord cash contributions to capital costs 5,336,273 5,336,273 Customer cash contributions to capital cost (SSC) 9,634,364 9,634,36'l Pennit and inspection fees 981,557 353,603 1,335,160 Interest earnings 741,038 1,509,802 159,503 117,278 2,527,621 Interest expense (1,518,142) (1,518,142) Other income (expense) 534,643 709,174 1,131,643 (1,131,643) 1,243,817 Total non-operating revenues (expenses) 2,257,238 26,045,420 1,291,146 2,351,100 (1,131,643) 30,813,261 Income (loss) before contributions and trans fers (21,600,389) 26,045,420 374,507 2,351,100 7,170,638 Contributed sewer lines 1,444,420 1,444,420 Capital contributions - connection fees 9,259,160 9,259,160 Transfers 34,201,858 (31,850,758) (2,351,100) Change in Net Assets 14,045,889 3,453,822 374,507 17,874,218 Total Net Assets - Beginning 538,999,870 41,988,031 2,747,976 583,735,877 Total Net Assets - Ending $ 553,045,759 $ 45,441,853 $ 3,122,483 $ $ $ 601,610,095 The accompanying notes are an integral part of the financial statements 30 Eo- U ~ Eo- 00 "'"" ~ ~ ~ 00 -< ~ 00 o u ~ Eo- Z o u ~ Eo- Z ~ U .... = Cll S .... l-< \II Q, Cll ~ ;... 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" ;> o 11 o!::l c;; - o~ U ~ ....:l CENTRAL CONTRA COSTA SANITARY DISTRICT Running Expense Schedule of Supplemental Net Assets Analysis June 30, 2008 Prior Year Balance $ 9,767,747 2007 - 2008 Revenue $ 52,136,824 2007 - 2008 Expense (73,737,213) Add Back Depreciation Expense 18,615,747 (2,984,642) Net Assets Attributed to General Operations 6,783,105 All Other Net Assets 546,262,654 Running Expense Net Assets $ 553,045,759 The accompanying notes are an integral part of the financial statements 32