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Home My WebLink About05-24-01 AGENDA BACKUP -. - Mav 24. 2001 3.c. AWARDS AND COMMENDATIONS Page 1 of 3 Resolution commending Robert D. Beebe for his service to Dublin San Ramon Services District - - RESOLUTION NO. 2001- RESOLUTION COMMENDING ROBERT D. BEEBE FOR HIS SERVICE TO DUBLIN SAN RAMON SERVICES DISTRICT WHEREAS, Dublin San Ramon Services District (DSRSD) General Manager, ROBERT D. BEEBE has served DSRSD for eleven years with conscientious devotion to public duty; and WHEREAS, during those years, DSRSD has been faced with unprecedented decisions due to population growth, rising costs, and increasing environmental demands; and WHEREAS, MR. BEEBE performed the responsibilities of his office with the highest degree of professionalism and personal integrity, devoting his significant abilities and knowledge to the wide range of technological, environmental, and regulatory challenges that have confronted DSRSD; and WHEREAS, MR. BEEBE invested countless hours and considerable expertise in the management of the Clean Water Revival Project, providing professional guidance; coordinating the planning, design, environmental, and public participation components of this significant public project, and successfully building and fully permitting the first reverse osmosis facility in Northern California intended for indirect potable reuse; and WHEREAS, MR. BEEBE's support and direction have been contributing factors in the negotiated agreement for expansion of the Livermore-Amador Valley Water Management Authority facilities and expansion of the DSRSD wastewater treatment plant from 11.5 MGD to 17 MGD, both to provide for planned growth in DSRSD; and WHEREAS, MR. BEEBE's involvement and commitment have extended beyond the local confines of DSRSD with his active participation in the WateReuse Association, Water Environment Federation, American Water Works Association, California Association of Sanitation Agencies, and Sanitation and Water Agencies of Contra Costa County, thereby earning him the respect and esteem of his friends and colleagues; and WHEREAS, MR. BEEBE has left a legacy of a fine organization that is considered a leader in the industry, staffed with talented people, financially solvent, and with an outstanding record of public service and regulatory compliance. NOW, THEREFORE, BE IT RESOLVED that the Central Contra Costa Sanitary District Board of Directors hereby honors and commends ROBERT D. BEEBE for his years of extraordinary hard work and professionalism in the discharge of his duties, and extends their best wishes on his future endeavors. Page 2 of 3 - ~ UNANIMOUSLY PASSED AND ADOPTED this 24th day of May, 2001. Barbara D. Hockett President of the Board of Directors Parke L. Boneysteele, Director Gerald R. Lucey, Director Mario M. Menesini, Director James A. Nejedly, Director COUNTERSIGNED: Joyce E. Murphy, Secretary of the District Page 3 of 3 - - Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: May 24, 2001 No.: 4.a. CONSENT CALENDAR Type of Action: ACCEPT OFFER OF DEDICATION Subject: APPROVE RESOLUTION ACCEPTING OFFER OF DEDICATION ON THE MAP OF SUBDIVISION NO. 7154 FROM SUNCREST HOMES NUMBER FOUR LLC, JOB NO. 5233, PARCEL 1, ALAMO AREA Submitted By: Molly Mullin Engineering Assistant REVIEWED AND RECDMMENrt;DR BDARD ACTlDN, 0-~~) _~ M. Mullin C. Swanson A. Farrell Initiating Dept./Div. : Engineering/Environmental Services ISSUE: Board approval is required to accept offers of dedication. RECOMMENDATION: Accept work and offer of dedication, approve the resolution accepting an offer of dedication at no cost to the District, and authorize recording. FINANCIAL IMPACTS: None. AL TERNA TIVES/CONSIDERA TIONS: None. BACKGROUND: The District routinely accepts easements and public sewer improvements through Board approval of resolutions to that effect. The resolution presented here is for the purpose of accepting an easement that is required as a result of recent developer construction at Stonecastle Drive in Alamo. The final subdivision map and public sewer improvements have been reviewed by District staff and deemed in compliance with District standards. RECOMMENDED BOARD ACTION: Accept work and offer of dedication from Suncrest Homes Number four LLC, Job No. 5233, Parcel 1, Alamo area, at no cost to the District, and authorize recording. 4/19/01 U :\PPR\RESO LM M\RESO L5 22 6-3. WPD Page 1 of 2 ~ N , LOCATION MAP N.T.S. \\ \\ \\ \\ \\~,\ \\~\ \\~\ \ \1~\ \ \\-~ \ \ '\-:y\ \ \'(~\ \~\\ \\ \\ \\ \\ \\ \\ \\ \\ \\ \\ \\ \\ \\~ \6'! '-\:V \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \~\\. \ ~\ \ ~\ \;c~ \ \~,.> \,'{\\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \\ \\ \\ \ LEGEND: r:::i::::j:t::i;::i;:::ml EASEMENT AREA SUB BOUNDARY ';2 Central Contra Costa Sanitary District Attachment 5 o N >- <( ::E 6 ACCEPTANCE OF EASEMENT DEDICATION SUB 7154 JOB 5233 Page 2 of 2 - - Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: May 24, 2001 No.: 4.b. CONSENT CALENDAR Type of Action: ACCEPT OFFER OF DEDICATION Subject: APPROVE RESOLUTION ACCEPTING OFFER OF DEDICATION ON THE MAP OF SUBDIVISION NO. 8058 FROM ESSEX SAN RAMON PARTNERS, JOB NO. 5295, PARCEL 1, WALNUT CREEK AREA Submitted By: Molly Mullin Engineering Assistant REVIEWED AND ~ECOMMEND'tf ~OR BOARD ACTION: ~ ~ ~)V'iS ~ M. Mullin C. Swanson A. Farrell Initiating Dept./Div. : Engineering/Environmental Services ISSUE: Board approval is required to accept offers of dedication. RECOMMENDATION: Accept work and offer of dedication, approve the resolution accepting an offer of dedication at no cost to the District, and authorize recording. FINANCIAL IMPACTS: None. ALTERNATIVES/CONSIDERATIONS: None. BACKGROUND: The District routinely accepts easements and public sewer improvements through Board approval of resolutions to that effect. The resolution presented here is for the purpose of accepting an easement that is required as a result of recent developer construction at Santos Lane, Walnut Creek. The final subdivision map and public sewer improvements have been reviewed by District staff and deemed in compliance with District standards. RECOMMENDED BOARD ACTION: Accept work and offer of dedication from Essex San Ramon Partners, Job No. 5295, Parcel 1, Walnut Creek area, at no cost to the District, and authorize recording. 5/6/01 U: \PPR\RESO LM M\RESO L5 2 2 6-3. WPD Page 1 of 2 D -1 I I I I I I I I ---1 I 7 I II I' /1 -.11 J 200 400 LEGEND: tf:::t:ffi::f:f:;J FEET 2! Central Contra Costa Sanitary District Attachment 5 o N ~ '" 6: ACCEPTANCE OF EASEMENT DEDICATION SUB 8058 JOB 5295 Page 2 of 2 -- -- ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: May 24, 2001 No.: 4. c. CONSENT CALENDAR Type of Action: ACCEPT OFFER OF DEDICATION Subject: APPROVE RESOLUTION ACCEPTING OFFER OF DEDICATION ON THE MAP OF SUBDIVISION NO. 8128 FROM PUL TE HOMES, JOB NO. 5305, PARCEL 1, DANVILLE AREA Submitted By: Molly Mullin Engineering Assistant Initiating Dept./Div. : Engineering/Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: ~l\- Cf.6 ~~ . Mullin C. Swanson ~ A. Farrell ISSUE: Board approval is required to accept offers of dedication. RECOMMENDATION: Accept work and offer of dedication, approve the resolution accepting an offer of dedication at no cost to the District, and authorize recording. FINANCIAL IMPACTS: None. AL TERNA TIVES/CONSIDERA TIONS: None. BACKGROUND: The District routinely accepts easements and public sewer improvements through Board approval of resolutions to that effect. The resolution presented here is for the purpose of accepting an easement that is required as a result of recent developer construction at Culet Drive, Danville. The final subdivision map and public sewer improvements have been reviewed by District staff and deemed in compliance with District standards. RECOMMENDED BOARD ACTION: Accept work and offer of dedication from Pulte Homes, Job No. 5305, Parcel 1, Danville area, at no cost to the District, and authorize recording. 4/19/01 U: \PPR\RESO LM M\RESO L5 2 2 6-3. WPD Page 1 of 3 - } '- ~ ---17 ~I lIT I ~ 11 ~ 1// [L11 \ J:::=. _. / Ii-- -~ } " / J ~ -~ c--0:\~()~ " - :/ ~ r--t-- A\ ~-7 ~ r-- ,~ "., llY ~~ v 1 I TAS$AJARA ~'-----V ~ 1'0 o ~ '\ "",,,,, '" '" \ VALlEY ~1'0 ~Tf.SWARA &J 680 J~.r ~ SUB-_ ~"",Q~ 8 lOCATION % ~o'll ~~ ~ ~ ~ .., '--->.- lil t:S l\~WI [~)J ~ \~\ ~I/~~~Il"'~ ~ @~( - \ - ~~ ~/. ~ W I- ~, " I------ 7, Z ~ I- - III _\r-! - -............. ~ -~/.CULET _ ~rRAI CH 1 b~'l ~ r I lit ~ --'\ \.. --<~. '-- - ~ ~~-y'--- ", // ~ ~ ~~ ~--- ------ / \ ~ I / \ SAN ~ RAMON ::<: \IIO~\)tO \)'/. 1'-; e LOCATION Mf.P :a N.T.S. ) ~ N ~ J t ( +- --- -,.....- - SUB ~~ ---------- --1 I I I ~ <= '" '0 '" N co I .0 ::l '" ::::: g o a. 0. o I ::l '" N .oil ~ \ .. \ \ ~--------- ~::~:~~l EASEMENT~REA ~ n SUB BOUNDJ\R./- ----- ----- \ 0 400 /' '" 0. o E u 0. '" FEET t- o ~ "" Central Contra Costa Sanitary District ~~ ACCEPTANCE OF EASEMENT DEDICATION SUB 8128 JOB 5305 Attachment 5 o N >- <( ~ t:::: . ... . .. . ... . . Page 2 of 2 ./ " - - Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: May 24, 2001 No.: 4.d. CONSENT CALENDAR Type of Action: ACCEPT OFFER OF DEDICATION Subject: APPROVE RESOLUTION ACCEPTING OFFER OF DEDICATION ON THE MAP OF SUBDIVISION NO. 8141 FROM DAVIDON HOMES, JOB NO. 5320, PARCEL 1, DANVILLE AREA Submitted By: Molly Mullin Engineering Assistant Initiating Dept./Div. : Engineering/Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: ~ 'n1 :h7~ M. Mullin ~!oo ISSUE: Board approval is required to accept offers of dedication. RECOMMENDATION: Accept work and offer of dedication, approve the resolution accepting an offer of dedication at no cost to the District, and authorize recording. FINANCIAL IMPACTS: None. AL TERNA TIVES/CONSIDERA TIONS: None. BACKGROUND: The District routinely accepts easements and public sewer improvements through Board approval of resolutions to that effect. The resolution presented here is for the purpose of accepting an easement that is required as a result of recent developer construction at Waingarth Way, Danville. The final subdivision map and public sewer improvements have been reviewed by District staff and deemed in compliance with District standards. RECOMMENDED BOARD ACTION: Accept work and offer of dedication from Davidon Homes, Job No. 5320, Parcel 1, Danville area, at no cost to the District, and authorize recording. 4/19/01 U :\PPR\R ESO LM M\RESOL5 22 6-3. WPD Page 1 of 2 VALLEY RD + w w a: CJ / -, I \ I I \. / H PE I I I I I I I I LN ----) ~----- ----- ---- <= 0- ~ :;;: CiO I .0 ::> en ..- "5 > e Q. Q. o I ~ / en Q. E u iil- :: Central Contra Costa Sanitary District o .... ... 52 5 o N ~ ::E Co ACCEPTANCE OF EASEMENT DEDICATION SUB 8141 JOB 5320 WALNUT CREEK % ~ ~tVo ~ SYCAMORE ~~ ~ + LEGEND: I:f:::++::im:::~ EASEMENT AREA SUB BOUNDARY Attachment Page 2 of 2 .. ... Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: May 24, 2001 No.: 4. e . CON SENT CAL ENDAR Type of Action: ACCEPT OFFER OF DEDICATION Subject: APPROVE RESOLUTION ACCEPTING OFFER OF DEDICATION ON THE REVISED MAP OF SUBDIVISION NO. 8131 FROM SHAPELL INDUSTRIES OF NORTHERN CALIFORNIA, JOB NO. 5335, PARCEL 1, SAN RAMON AREA Submitted By: Molly Mullin Engineering Assistant REVIEWED AND RECDMMEN~ BOARD ACTION, ~~rf~ Initiating Dept./Div. : Engineering/Environmental Services ISSUE: Board approval is required to accept offers of dedication. RECOMMENDATION: Accept work and offer of dedication, approve the resolution accepting an offer of dedication at no cost to the District, and authorize recording. FINANCIAL IMPACTS: None. ALTERNATIVES/CONSIDERATIONS: None. BACKGROUND: The District routinely accepts easements and public sewer improvements through Board approval of resolutions to that effect. The resolution presented here is for the purpose of accepting an easement that is required as a result of recent developer construction at Lilac Ridge Drive in San Ramon. The final subdivision map and public sewer improvements have been reviewed by District staff and deemed in compliance with District standards. This subdivision is part of the Bridges at Gale Ranch development by Shapel!. RECOMMENDED BOARD ACTION: Accept work and offer of dedication from Shapell Industries of Northern California, Job No. 5335, Parcel 1, San Ramon area, at no cost to the District, and authorize recording. 5/17/01 U :\PPR\RESOLMM\RESOL5335. WPD Page 1 of 2 I ~~- ~. , ND HIGHlAllD \ /' . &- , ~ \ ". '. 0 c: '" "0 ;;:; ex; I .c :> V> ..- "5 > e Co. Co. 0 I .c :> V> ..- V> Co. 0 E U fil' ..- .:>: N ... 52 0 0 N ~ ::E 6 400 FEET LEGEND: Ef:'f:t:3f(:::::ll EASEMENT AREA SUB BOUNDARY Central Contra Costa Sanitary District ACCEPTANCE OF EASEMENT DEDICATION SUB 8131 JOB 5335 Attachment Page 2 of 2 ... ... Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: May 24, 2001 No.:4.f. CONSENT CALENDAR Type of Action: ACCEPT OFFER OF DEDICATION Subject: APPROVE RESOLUTION ACCEPTING OFFER OF DEDICATION ON THE REVISED MAP OF SUBDIVISION NO. 8131 FROM SHAPELL INDUSTRIES OF NORTHERN CALIFORNIA, JOB NO. 5336, PARCEL 1, SAN RAMON AREA Submitted By: Molly Mullin Engineering Assistant Initiating Dept./Div. : Engineering/Environmental Services ~ ~"" ISSUE: Board approval is required to accept offers of dedication. RECOMMENDATION: Accept work and offer of dedication, approve the resolution · accepting an offer of dedication at no cost to the District, and authorize recording. FINANCIAL IMPACTS: None. AL TERNATIVES/CONSIDERATIONS: None. BACKGROUND: The District routinely accepts easements and public sewer improvements through Board approval of resolutions to that effect. The resolution presented here is for the purpose of accepting an easement that is required as a result of recent developer construction at Cypress Hawk Court in San Ramon. The final subdivision map and public sewer improvements have been reviewed by District staff and deemed in compliance with District standards. This subdivision is part of the Bridges at Gale Ranch development by Shapell. RECOMMENDED BOARD ACTION: Accept work and offer of dedication from Shapell Industries of Northern California, Job No. 5336, Parcel 1, San Ramon area, at no cost to the District, and authorize recording. 5/17/01 U :\PPR\RESO LM M\RESO L5 336. WPD Page 1 of 2. RD . ~ N , u CATION MAP NT.S. ._" + + + + SUB BOUNDARY ~ N , 0 400 800 + I + I FEET Central Contra Costa Sanitary District ACCEPTANCE OF EASEMENT DEDICATION SUB 8133 JOB 5336 Attachment g? 52 :5 ~ >- <( ::E 6 Page 2 of 2 ... . Central Contra Costa Samtary District BOARD OF DIRECTORS POSITION PAPER 1 ... Board Meeting Date: MAY 24, 2001 No.: 4.g. CONSENT CALENDAR Type of Action: ACCEPT OFFER OF DEDICATION Subject: APPROVE RESOLUTION ACCEPTING OFFER OF DEDICATION ON THE MAP OF SUBDIVISION NO. 8067 FROM CAMINO MORAGA LLC, JOB NO. 5347, PARCEL 1, MORAGA AREA Submitted By: Molly Mullin Engineering Assistant RE;WEDAND ~ECDMME~fOR BOA~ ~ ~ AF,",II Initiating Dept./Div. : Engineering/Environmental Services ISSUE: Board approval is required to accept offers of dedication. RECOMMENDATION: Accept work and offer of dedication, approve the resolution accepting an offer of dedication at no cost to the District, and authorize recording. FINANCIAL IMPACTS: None. AL TERNA TIVES/CONSIDERA TIONS: None. BACKGROUND: The District routinely accepts easements and public sewer improvements through Board approval of resolutions to that effect. The resolution presented here is for the purpose of accepting an easement that is required as a result of recent developer construction at Camino Moraga Estates in Moraga. The final subdivision map and public sewer improvements have been reviewed by District staff and deemed in compliance with District standards. RECOMMENDED BOARD ACTION: Accept work and offer of dedication from Camino Moraga LLC, Job No. 5347, Parcel 1, Moraga area, at no cost to the District, and authorize recording. 4/19/01 U :\PPR\RESOLM M\RESOL5 226-3. WPD Page 1 of 2 ~ N ~ 0 200 400 , , FEET c: '" " r-: "" o co I .Q :> If> /' "5 > ~ 2: B::::J;::f::t8:::j EASEMENT AREA o I .Q ijl /' If> Q. o E U ~ /' .:>: LEGEND: SUB BOUNDARY ~ 52 o o N ;... < ~ ~ Central Contra Costa Sanitary District ACCEPTANCE OF EASEMENT DEDICATION SUB 8067 JOB 5347 Attachment Page 2 of 2 : . ... Central Contra Costa Samtary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: May 24, 2001 No.: 4.h. CONSENT CALENDAR Type of Action: ACCEPT OFFER OF DEDICATION Subject: APPROVE RESOLUTION ACCEPTING OFFER OF DEDICATION ON THE MAP OF SUBDIVISION NO. 8173 FROM THE MARK PRINGLE COMPANY LLC, JOB NO. 5353, PARCEL 2, WALNUT CREEK AREA Submitted By: Molly Mullin Engineering Assistant Initiating Dept./Div. : Engineering/Environmental Services C. Swanson A. Farrell REVIEWED AND RECOMMENDED FOR BOARD ACTION: (});x ~~ M. Mullin ~N-~ ISSUE: Board approval is required to accept offers of dedication. RECOMMENDATION: Accept work and offer of dedication, approve the resolution accepting an offer of dedication at no cost to the District, and authorize recording. FINANCIAL IMPACTS: None. AL TERNATIVES/CONSIDERATIONS: None. BACKGROUND: The District routinely accepts easements and public sewer improvements through Board approval of resolutions to that effect. The resolution presented here is for the purpose of accepting an easement that is required as a result of recent developer construction at Old Stable Place in Walnut Creek. The final subdivision map and public sewer improvements have been reviewed by District staff and deemed in compliance with District standards. RECOMMENDED BOARD ACTION: Accept work and offer of dedication from the Mark Pringle Company LLC, Job No. 5353, Parcel 2, Walnut Creek area, at no cost to the District, and authorize recording. 4/19/01 U :\PPR\RESOLMM\RESOL5226-3. WPD Page 1 of '2 RD + (j) :IJ o < m S U\B \ <= '" -0 '" ..... eo I .Q ::> '" ..-- "5 > ~ Q. Q. o I ~ ..-- '" Q. o E U ~ ~ Central Contra Costa Sanitary District o -I ~ N , LOCATION MAP NT.S. ~ EASEMENT AREA - SUB BOUNDARY Attachment ..., o 52 ACCEPTANCE OF EASEMENT DEDICATION SUB 8173 JOB 5353 o o N .;... < =if t:: Page 2 of 2 . .. Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: May 24, 2001 No.: 4. i. CONSENT CALENDAR Type of Action: ACCEPT OFFER OF DEDICATION Subject: APPROVE RESOLUTION ACCEPTING OFFER OF DEDICATION ON THE MAP OF SUBDIVISION NO. 8005 FROM THE LAUREL DRIVE ASSOCIATES LLC, JOB NO. 5359, PARCEL 1, DANVILLE AREA Submitted By: Molly Mullin Engineering Assistant REVIEWED AND RECOMMENDED FOR BOARD ACTION: ~~ ~~J! ~ Initiating Dept./Div. : Engineering/Environmental Services ISSUE: Board approval is required to accept offers of dedication. RECOMMENDATION: Accept work and offer of dedication, approve the resolution accepting an offer of dedication at no cost to the District, and authorize recording. FINANCIAL IMPACTS: None. AL TERNA TIVES/CONSIDERA TIONS: None. BACKGROUND: The District routinely accepts easements and public sewer improvements through Board approval of resolutions to that effect. The resolution presented here is for the purpose of accepting an easement that is required as a result of recent developer construction at Laurel Court in Danville. The final subdivision map and public sewer improvements have been reviewed by District staff and deemed in compliance with District standards. RECOMMENDED BOARD ACTION: Accept work and offer of dedication from the Laurel Drive Associates LLC, Job No. 5359, Parcel 1, Danville area, at no cost to the District, and authorize recording. 4/19/01 U: \PPR\RESOLM M\RESO L5 2 2 6-3. WPD Page 1 of . 2 L.--"" .. c: '" "0 U"i o o 00 I .0 ~ ./ "5 > e Q. ~ LEGEND: .0 ::l ~ R:t:::::t:j EASEMENT AREA Q. o .e - SUB BOUNDARY Q. U) ./ -'< DANVILLE <b~ " " " ~ ". otJi '. '. ~ SUB I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ~ O/f,- .-yO ~& ~)) ~ ~f OAK 120 FEET Central Contra Costa Sanitary District o o $2 o o N >- <( ::E Co ACCEPTANCE OF EASEMENT DEDICATION SUB 8005 JOB 5359 Attachment Page 2 of 2 Central Contra Costa Samtary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: May 24, 2001 No.:4.j. CONSENT CALENDAR Type of Action: ACCEPT GRANT OF EASEMENT Subject: APPROVE RESOLUTION ACCEPTING GRANT OF EASEMENT FROM GERALD R. SCATENA, JOB NO. 4477, PARCEL 2, ALAMO AREA Submitted By: Molly Mullin Engineering Assistant REVIEWED AND RECOMMENDED FOR BOARD ACTION: Initiating Dept./Div. : Engineering/Environmental Services /"1 V;J1uLLCI Mt"Mullin r Yl~t:"cw> U!!!sr ISSUE: Board approval is required to accept Grants of Easement. RECOMMENDATION: Aprove the resolution accepting the Grant of Easement at no cost to the District, and authorize recording. FINANCIAL IMPACTS: None. AL TERNATIVES/CONSIDERATIONS: None. BACKGROUND: The District routinely accepts easements and public sewer improvements through Board approval of resolutions to that effect. The resolution presented here is for the purpose of accepting an easement that is required as a result of sewer main construction in the vicinity of Alamo Ranch Road in Alamo. The easement has been reviewed by District staff and deemed in compliance with District standards. RECOMMENDED BOARD ACTION: Accept Grant of Easement from Gerald W. Scatena, Job No. 4477, Parcel 2, Alamo area, at no cost to the District, and authorize recording. 5/17/01 U: \PPR\RESO LM M\RESO L5 226-3. WPD Page 1 of 2 RD I I I \ I I \ \ \\\ \ I II I \ I \\\ \ \ \ \\ I I \ \\ II' \ \\ III \ I \\ 11\ \ \ ,,~ II \ \ \ "~" II \ I \ "~" 11\ \ \ ~------ \\ \ I ~------------- '" \ \ II \ \ \ 1/ "\ \ \ II \ \ \ (( )) 1\ II \ \ \ II ) ! II \ \ lJ I I) (I II \ \ /;/; II \ \ I //; ;; I \ I // (\\ II \ Q // _J /_) '--- II I //?- _- II ~-- II ____--7 / // ---- / / // // II /c./ // I / / II I ~/ // I \ I \ II :~ (\ ----r jln \ \ \ II ,\\ (( II i \ II \1\ ))\ I \ II I 1\\ \ \ II \\ \\ /j/ \ 'ifi \ II \\ ,,~-----~~/ \ \:j \ 11\\ \\ ~- I IT.\ "" \~\ \ II '~ \ m\ \ ~:c-... \~\I\ ~~ \ J\ ~ ~ ~ ~~~ \ I I \ \0 I \ \ I ~~ W I N \;\~\ I \\ ~\ I j \~ ~\ \ , '\ ~\ ~ \ \ \\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \\ \ \ \\ ~ o I 300 FEET \ Central Contra Costa ~ Sanitary District i:i> o o o N ic '" 6 Attachment EASEMENT LOCATION JOB 4477, PARCEL 2 1 Page 2 of 2 Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: MAY 24, 2001 No.:4.k. CONSENT CALENDAR Type of Action: ACCEPT PETITIONS FOR FUTURE ANNEXATION Subject: AUTHORIZATION FOR P.A. 01-11 (ALAMO); P.A. 01-12 (MARTINEZ); P.A. 01- 13 (ALAMO); P.A. 01-14 (ALAMO); P.A. 01-15 (ORINDA); P.A. 01-16 (ALAMO); AND P.A. 01-18 (ORINDA) TO BE INCLUDED IN A FUTURE FORMAL ANNEXATION TO THE DISTRICT. Submitted By: Lesley Klein, Supervising Engineering Assistant Initiating Dept./Div. : Engineering/Environmental Services A. Farrell ( R;V=::~: RECOMMENDE~OR BOARD 0~ ~n J. yamoto-Mills C. Swanson (]Ms; ISSUE: Board action is required on the following listed properties to initiate the annexa process. RECOMMENDATION: Authorize Proposed Annexations 01-11,01-12,01-13,01-14,01- 15, 01-16 and 01-18 to be included in future formal annexations. fiNANCIAL IMPACTS: None related to this action. AL TERNA TIVES/CONSIDERA TIONS: Not applicable. BACKGROUND: The owners of the properties listed in Attachment 1 have petitioned for their properties to be annexed to the District. RECOMMENDED BOARD ACTION: Authorize Proposed Annexations 01-11, 01-12, 01- 13,01-14,01-15,01-16 and 01-18 to be included in future formal annexations. 5/1 6/01 U:\PPr\Annexations\PA01-11_ 01-18.wpd Page 1 of 13 ATTACHMENT I PROPOSED ANNEXATIONS PA Location Owners Address and Lead No. and Assessor's Parcel Remarks Agency Acreage Number 01-11 Alamo Coffey Family Trust Existing house to be CCCSD (77D2) 1488 Casa Vallecita connected to the Alamo, CA 94507 public sewer system. 0.05 Ac. 192-020-011 Project is exempt from CEQA. Stephen and Kathleen The twenty-two CCCSD Armstrong petitioned properties 1404 Entrada Verde have septic systems Alamo, CA 94507 and wish to connect 0.31 Ac. 192-020-045 to the public sewer system. The District John & Kristin is forming the Entrada Schinnerer Verde Contractual 1405 Entrada Verde Assessment District Alamo, CA 94507 (CAD 2001-1) to 0.25 Ac. 192-020-041 finance the required public sewer Eugene & Kathleen Daly improvements. 1407 Entrada Verde This project is exempt Alamo, CA 94507 from CEQA. 0.31 Ac. 190-020-022 Sherman & Helen Odegard, Tre. 1408 Entrada Verde Alamo, CA 94507 0.31 Ac. 1 90-020-028 John & Jane Schnittker, Tre. 1409 Entrada Verde Alamo, CA 94507 0.31 Ac. 1 90-020-021 Marilyn Penland, Tre. 1418 Entrada Verde Alamo, CA 94507 0.31 Ac. 1 90-020-029 John & Linda Knowles 1419 Entrada Verde Alamo, CA 94507 0.40 Ac. 1 90-020-039 5/16/01 U:\PPr\Annexations\PA01-11_01-18.wpd Page 2 of 13 PA Location Owners Address and Lead No. and Assessor's Parcel Remarks Agency Acreage Number 01-11 Alamo Judith Peterson Dobbins, (cont'd) (7702) Tre. 1428 Entrada Verde Alamo, CA 94507 0.31 Ac. 1 90-020-030 Mary Lou Alexander, Tre. 1429 Entrada Verde Alamo, CA 94507 0.31 Ac. 190-020-019 Fredrick & Ann Pier 1432 Entrada Verde Alamo, CA 94507 0.40 Ac. 1 90-020-031 Richard & Sandrine Wright 1439 Entrada Verde Alamo, CA 94507 0.31 Ac. 190-020-018 Donald & Cheryl Pensotti 1448 Entrada Verde Danville, CA 94526 0.31 Ac. 192-020-032 Andrew & Julie Sinclair 1449 Entrada Verde Alamo, CA 94507 0.31 Ac. 1 90-020-01 7 Eric & Sonia Miller 1458 Entrada Verde Alamo, CA 94507 0.31 Ac. 1 90-020-033 Harry & Bonnie Summers 1459 Entrada Verde Alamo, CA 94507 0.31 Ac. 190-020-016 Marc & Susan Connelly 1468 Entrada Verde Alamo, CA 94507 0.31 Ac. 1 90-020-034 5/1 6/01 U:\PPr\Annexations\PA01-ll_ 01-18.wpd Page 3 of 13 PA Location Owners Address and Lead No. and Assessor's Parcel Remarks Agency Acreage Number 01-11 Alamo Ferm McWhorter, Tre. (cont'd) (77D2) 1469 Entrada Verde Alamo, CA 94507 0.31 Ac. 192-020-015 Marion Henstrand, Tre. 1478 Entrada Verde Alamo, CA 94507 0.29 Ac. 192-020-035 Thomas & Amy Souza 1479 Entrada Verde Alamo, CA 94507 0.31 Ac. 192-020-014 David & Sari Garger 1488 Entrada Verde Alamo, CA 94507 0.31 Ac. 192-020-036 Mallory Montero 1489 Entrada Verde Alamo, CA 94507 0.31 Ac. 192-020-013 Ted & Elenor Rusley, 1499 Entrada Verde Alamo, CA 94507 0.54 Ac. 192-020-012 01-12 Martinez David V. and Drew Zaro Existing house to be CCCSD (10A7) 4580 Haag Road connected to the Martinez, CA 94553 public sewer system. 0.42 Ac. 162-242-032 Project is exempt from CEQA. 5/16/01 U:\PPr\Annexations\PA01-11_ 01-18.wpd Page 4 of 13 01-13 Alamo Igor R. & Tania Gradov The two petitioned CCCSD (77E6) 7 Corwin Drive properties have septic Alamo, CA 94507 systems and wish to 0.50 Ac. 198-131-006 connect to the public sewer system. The Clark W. & Kathleen I. District is forming the Gant Tre. Corwin Drive/La 4 Corwin Drive Sonoma/Los Alamos Alamo, CA 94507 Contractual 0.58 Ac. 198-131-029 Assessment District (CAD 2000-4) to finance the required public sewer improvements. The Board authorized formation of the CAD on July 20, 2000. This project is exempt from CEQA. 01-14 Alamo Robert Jr. & Mary Existing house to be CCCSD (77E5) Thompson, Tre. connected to the public 126 Linhares Lane sewer system. Alamo, CA 94507 Project is exempt from 0.40 Ac. 198-062-022 CEQA. Penny S. Leonard Existing house is 107 Linhares Lane connected to the public Alamo, CA 94507 sewer system. 0.31 Ac. 198-062-014 Project is exempt from CEQA. 01-15 Orinda Dieter M. Scholz New house to be CCCSD (69B4/5) 227 EI Toyonal connected to the public Orinda, CA 94563 sewer system. 27.0 Ac. 265-130-008 Project is exempt from CEQA. 5/17/01 U:\PPMnnexations\PA01-11_01-18.wpcI Page 5 of 13 PA Location Owners Address and Lead No. and Assessor's Parcel Remarks Agency Acreage Number 01-16 Alamo Leonard J. & Jeanne K. Existing house and Contra (78A 1/81) Steffen two new lots to be Costa 35 Camino Monte Sol connected to the County Alamo, CA 94507 public sewer system. 3.2 Ac. 193-020-004 Negative declaration by Contra Costa Camino Monte Sol LLC County July 17, 1995 70 Stonington Ct (Subdivision 7746). Danville, CA 94526 4.1 Ac. 1 90-020-003 01-17 --- Possible future --- --- annexation not included for acceptance at this time. 01-18 Orinda Kristofer S. & Jennifer Existing house to be CCCSD (61 C4) Pister connected to the 20 Camino Del Diablo public sewer system. Orinda, CA 94563 Project is exempt from 1 .49 Ac. 264-102-005 CEQA. 5/1 6/01 U:\PPr\Annexations\PA01-11_01-18.wpd Page 6 of 13 co '" -0 ./ ./././ //:;:/ /;/ // ./ //./~ , / ./ /././ ~I ./ ./ ././ .~II\' ,./ ./ ./ /;- c.~~r ././ ././ // r~t-'v ,./././ //;~ ./ / ~ / ~/ ~Y..- /~aS'\tr //...~0' /\\~ INTERSTATE ~~ '" ALAMO 680 FREEWA Y DANVILLE BLVD LOCATION MAP NTS. 5 o 3- Q. o ~ Cl> ~ o o o ,;; 0- o E u :;r / :;, o I 200 ~ ~ ANNEXATION BOUNDARY PREVIOUS ANNEXATION - Z ---- FEET Central Contra Costa Sanitary District Attachment o N ~ 5 o N .;... .. ~ 52 PROPOSED ANNEXATION P.A.01-11 - Page 7 of 13 " ~ g 0 I ' ~ ;' ,j;: ~ 1z ~ ~ @ NT.S. ~ ~ ~ LEGEND: ____ ANNEXATION BOUNDARY 100 @ PREVIOUS ANNEXATION 200 I FEET Central Contra Costa Sanitary District Attachment PROPOSED ANNEXATION P .A. 01-12 - Page 8 of 13 c: '" "0 ~ 5 o CI. ./ CI. o ~ Q.> c: c: o o o ./ '" CI. o E 13 CI. '" ./ .:,;, HIGHWAY N.T.S. ~~ ~ ~ ~ o I 120 FEET Central Contra Costa Sanitary District Attachment PROPOSED ANNEXATION P.A.01-13 - '"" .,., ~ 5 o '"" i;: % Page 9 of 13 <= '" "0 :i o o C- --- C- O ~ <1> <= <= o o o --- '" C- O E U C- '" --- :;: \;} I o , 120 240 , FEET Central Contra Costa Sanitary District LEGEND: ---- ANNEXATION BOUNDARY PREVIOUS ANNEXATION ~ ~ Attachment N '" ~ o o N ~ ~ PROPOSED ANNEXATION P.A.01-14 - Page 10 of 13 / I I I I I /1 / / / / / / / / / / / / / / // / / // r o en / / c: '" "0 o o o CL / CL o ~ '" c: c: o o o -;;; CL o E U CL '" ::: Central Contra Costa Sanitary District o I 300 FEET LOCATION MAP N.T.S. SCHOLZ 265-130-008 ANNEX ~ 2000 ---- ANNEXATION BOUNDARY PREVIOUS ANNEXATION 600 I ~ ~ Attachment PROPOSED ANNEXATION P.A. 01-15 - Page 11 of 13 \ ~ \ c: en "0 \!i o o a. ./ a. o ~ <1> c: c: o '" '" -;;; a. o E U a. en :: Central Contra Costa Sanitary District o I 300 FEET N '" ij, '" o '" N >- <( ~ :it ~ N ~ LOCATION MAP N.T.S. ~ ~ LEGEND: ____ ANNEXATION BOUNDARY ~ ~ PREVIOUS ANNEXATION Attachment PROPOSED ANNEXATION P.A.01-16 - Page 12 of 13 \ ~ \ LOCATION MAP N.T.S. Q ~ Q ~ c: 0- "0 $i 5 o a. /' a. o ~ '" 2 o o o -;;; a. o E U g. ~ Central Contra Costa Sanitary District LEGEND: o I 60 ---- ANNEXATION BOUNDARY ~ PREVIOUS ~ ANNEXATION Attachment CO> .,., ij, o 5 o N >- ... ::' :t PROPOSED ANNEXATION P.A.01-18 - Page 13 of 13 Central Contra Costa Samtary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: May 24, 2001 No.: 4.1. CONSENT CALENDAR Type of Action: ACCEPT CONTRACT WORK/AUTHORIZE NOTICE OF COMPLETION Subject: ACCEPT CONTRACT WORK FOR THE OUTFALL IMPROVEMENTS PROJECT, PHASE 4, DISTRICT PROJECT NO. 7184, AND AUTHORIZE THE FILING OF THE NOTICE OF COMPLETION Submitted By: Munawar Husain, Associate Engineer Initiating Dept./Div. : Engineering / Capital Projects Division M. Husain R. Klimczak W. Brennan fiJ4:- REVIEWED AND RECOMMENDED FOR BOARD ACTION: J; ~ IAh) ISSUE: Construction has been completed on the Outfall Improvements Project, Ph District Project No. 7184, and the work is now ready for acceptance. RECOMMENDATION: Accept contract work. FINANCIAL IMPACTS: None related to this action. AL TERNATIVES/CONSIDERATIONS: Not applicable. Filing the Notice of Completion is required under California Civil Code, Section 3093. BACKGROUND: Work completed under this project included the installation of one final effluent 1000 hp vertical pump in the Pump and Blower Building, along with associated piping, valves, a variable frequency drive, and electrical wiring and controls. Improvements were also made at the weir structure on the Outfall. The Board of Directors authorized the award of a construction contract for this work in the amount of $1,109,998 to Kaweah Construction Company on March 2, 2000. The contractor was issued a Notice to Proceed, which was effective April 3, 2000, with a required contract completion date of March 29, 2001. The District had beneficial use of the work on April 3, 2001. The remaining items of work consist of punch list items which do not affect the project acceptance. It is appropriate to accept the contract work at this time. The total authorized budget for this project is $2,120,000. An accounting of the project costs will be provided to the Board of Directors at project close-out. 5/16/01 L:\Position Papers\HUSAIN\7184complete.wpd Page 1 of 2 POSITION PAPER Board Meeting Date: May 24, 2001 Subject: ACCEPT CONTRACT WORK FOR THE OUTFALL IMPROVEMENTS PROJECT, PHASE 4, DISTRICT PROJECT NO. 7184, AND AUTHORIZE THE FILING OF THE NOTICE OF COMPLETION RECOMMENDED BOARD ACTION: Accept contract work for the Outfall Improvements Project, Phase 4, District Project No. 7184, by Kaweah Construction Company, and authorize the filing of the Notice of Completion. 5/16/01 L:\Position Papers\HUSAIN\7184complete.wpd Page 2 of 2 Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: May 24, 2001 No.: 4.m. CONSENT CALENDAR Type of Action: ACCEPT CONTRACT WORK/AUTHORIZE NOTICE OF COMPLETION Subject: ACCEPT CONTRACT WORK FOR THE HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITY IMPROVEMENTS PROJECT, DISTRICT PROJECT NO. 8180, AND AUTHORIZE THE FILING OF THE NOTICE OF COMPLETION Submitted By: Munawar Husain, Associate Engineer Initiating Dept./Div.: Engineering / Capital Projects Division A. Farrell REVIEWED AND RECOMMENDED FOR BOARD ACTION: .#i ~ lNf) M: Husain R. Klimczak W. Brennan 0Jk ISSUE: Construction has been completed on the Household Hazardous Waste Coli ction Facility (HHWCF) Improvements Project, District Project No. 8180, and the work is now ready for acceptance. RECOMMENDATION: Accept contract work. FINANCIAL IMPACTS: None related to this action. ALTERNATIVES/CONSIDERATIONS: Not applicable. Filing the Notice of Completion is required under California Civil Code, Section 3093. BACKGROUND: Work completed under this project at the Household Hazardous Waste Collection Facility has added several improvements, including: . Extensive ventilation improvements for the sorting room and the latex paint and flammables bulking areas; . A new enlarged drum/bin storage area and an additional delivery driveway, gate and security fencing; . A larger, more permanent flammables bulking area separated from the main building; . A canopy matching the appearance of the existing HHWCF building over the new flammables bulking and empty drum/bin storage areas; . Pump-out piping with quick-connect couplings and an air relief valve for the underground secondary containment tank; and . Relocated roof leader and storm drain catch basins and piping. The expanded facility will provide adequate storage, improve the sorting and bulking area's working environment, and optimize operational efficiency and enhance safety. 5/14/01 L:\Position Papers\HUSAIN\8180complete.wpd Page 1 of 2 Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: May 24,2001 No.:4.n. CONSENT CALENDAR Type of Action: ADOPT AGREEMENT Subject: ADOPT AGREEMENT AND INDEMNIFICATION FOR CCCSD TO PROVIDE EMPLOYMENT RECRUITMENT SERVICES FOR DELTA-DIABLO SANITATION DISTRICT Submitted By: Initiating Dept./Div.: C. Freitas, Human Resource Manager Administrative/Human Resources REVIEWED AND RECOMMENDED FOR BOARD ACTION: G. Davis ~ C. Freitas QWQ- ISSUE: Board approval is required to enter into an agreement with another public agency. RECOMMENDATION: Adopt the agreement. FINANCIAL IMPACTS: The District will receive revenues in the amount of $3,500.00 per recruitment undertaken for Delta-Diablo Sanitation District. The fee will be increased annually by any cost-of-living adjustments identified in the District's collective bargaining agreements. ALTERNATIVES/CONSIDERATIONS: Terminate the current arrangement with Delta-Diablo. BACKGROUND: On April 1. 1999 the Central San Board of Directors entered into an agreement with the Delta-Diablo Sanitation District for the Central San Human Resources Division to provide employment recruitment services on an as-needed and available basis. The arrangement worked well for both parties during the first year and the agreement was extended by the respective Boards in March, 2000. Central San staff has done five recruitments under the agreement over a two-year period. In reviewing the annual agreement, staffs from the two agencies had a mutual desire to simplify the administrative procedures; consequently, two modifications to the agreement have been made by District labor law counsel and are proposed for Board consideration. Delta- Diablo would like to eliminate the annual renewal process for the agreement and replace it with a thirty-day advance notice termination clause for either party (see Section 3). Central San has reviewed its billing procedures and would like to charge a flat fee plus expenses as opposed to hourly labor and materials charges which are difficult to document (see Section 2). " The Delta-Diablo Board of Directors voted to approve the agreement on May 9,2001 and it is attached for your consideration. RECOMMENDED BOARD ACTION: Adopt the agreement and indemnification for Employment Recruitment Services for Delta-Diablo Sanitation District. 5/15/01 Page 1 of 7 EMPLOYMENT RECRUITMENT AGREEMENT AND INDEMNIFICATION THIS SERVICE AGREEMENT is entered into by and between Central Contra Costa Sanitary District ("CCCSD") and Delta Diablo Sanitation District ("Delta Diablo") on March 1,2001. RECITALS A. Delta Diablo desires to retain CCCSD to perform certain employment recruitment activities on its behalf, including but not limited to placing advertisements, interviewing, screening, checking references and developing a list of potential candidates for any and all positions, as requested and assigned by Delta Diablo. B. CCCSD desires to provide those services, provided that it can be indemnified and held harmless by Delta Diablo for any potential or contingent liabilities, claims, charges or grievances that could arise out of the provision of such services. AGREEMENT In consideration of the recitals and the promises set forth in this Agreement, the parties agree as follows: 1. Services. CCCSD agrees, in consultation with Delta Diablo and on a position-by-position basis, to provide the following services to Delta Diablo to assist it in recruiting and hiring regular, part-time and temporary employees upon request: creation and placement of advertisements for employment positions with Delta Diablo, screening of applications and applicants, interviewing candidates, providing recommendations for further interview or hiring, and other related services agreed upon between the parties. 1 Page 2 of 7 2. Fees. As consideration for CCCSD's services, Delta Diablo agrees to pay CCCSD a flat fee of Three Thousand Five Hundred Dollars ($3,500.00) per recruitment. Delta Diablo also agrees to an annual flat fee increase in an amount equal to the cost of living increases negotiated between CCCSD and its employee bargaining unit, and further agrees that those increases will become effective on the implementation date of the cost of living raises identified in those collective bargaining agreements. Delta Diablo also agrees to reimburse CCCSD for any reasonable out-of-pocket expenses incurred while rendering the Services, including but not limited to advertising fees, postage and delivery fees, long distance or toll telephone charges, photocopying, private investigation expenses, parking and mileage. Unless other arrangements are made, costs incurred by CCCSD shall be itemized and included in a periodic billing statement. 3. Termination. The parties may terminate this Agreement and the Services at any time and for any reason, effective upon thirty (30) days advance written notice. If either party defaults in the performance of this Agreement or materially breaches any of its provisions, the non-breaching party may terminate this Agreement by giving written notification to the breaching party. Termination under those conditions will take effect immediately on receipt of notice by the breaching party or five days after mailing of notice, whichever occurs first. Delta Diablo agrees to pay all fees and costs incurred by CCCSD up to and including the date of termination, regardless of the reason for termination. CCCSD agrees that all information and work product developed by CCCSD up to and including the date of termination will be provided to Delta Diablo in a timely manner and will be considered the property of Delta Diablo. 2 Page 3 of 7 4. Relationship of Parties. CCCSD is providing consulting services to Delta Diablo and is a contractor to Delta Diablo for purposes of providing those services only. CCCSD shall be an agent of Delta Diablo for purposes of placing advertisements and providing Services, but shall not have the authority to bind Delta Diablo to any contract or agreement without first obtaining approval from the Human Resources Manager or his/her designee. CCCSD is not an agent of Delta Diablo for any other purpose and shall have no authority to hire, promise to hire, promote, promise to promote, enter into any employment agreement, or make any other promises or decisions concerning regular, part-time or full-time employment of any person at any time. 5. Authority to Assign Employees. CCCSD reserves the right to determine in its sole discretion who will conduct the Services on its behalf. CCCSD shall have the sole right to engage, retain or assign employees, including temporary employees, of its own choosing and as it deems appropriate to provide the Services. 6. Consultation. CCCSD shall make itself available to consult with Delta Diablo, its directors, officers, department heads and employees, at reasonable times concerning matters pertaining to the Services. 7. No Right To Assign Agreement. Notwithstanding the provisions of Section 6 herein, CCCSD agrees not to assign this Agreement without prior written approval of Delta Diablo. 8. Indemnification. Delta Diablo agrees to indemnify, defend and hold harmless CCCSD and its officers, agents and employees, from and against any and all claims, demands, liability, loss, damage, costs, expenses, recovery or deficiencies, including extracontractual and punitive damages, interest, penalties and attorneys fees 3 Page 4 of 7 and costs, that CCCSD may incur in connection with claims or demands for damages of any nature whatsoever, to the extent they arise from or are caused by any act or omission, tortious or otherwise, of CCCSD, its officers, agents or employees, during the term ofthis Agreement, excluding acts or omissions that arise from the sole negligence of or intentional conduct by CCCSD or its representatives. This provision specifically includes, but is not limited to, any claims, grievances, actions or causes of action by any applicant, employee or former employee arising out of or relating to any laws, case law, statutes, regulations or wage orders of the United States or any state thereof. 9. Cooperation. Each of the parties agrees to cooperate with the other throughout the term of this Agreement. Delta Diablo agrees to comply with all reasonable requests of CCCSD that CCCSD deems necessary to the performance of its duties under this Agreement. 10. Liability Insurance. Delta Diablo shall maintain an insurance policy with coverage for General Liability, including but not limited to Employment Practices Liability, during the term of this agreement. The policy shall be in the amount of $1,000,000 per occurrence and $2,000,000 in the aggregate. The policy shall name CCCSD, its officers, directors, employees and agents as additional insured with respect to the work performed under this Agreement. The policy shall be primary and shall not be materially changed or cancelled without thirty (30) days written notice to CCCSD. Delta Diablo may choose to self-insure the above referenced coverage, and will then provide CCCSD with a letter evidencing its decision to self-insure for General Liability, including but not limited to Employment Practices Liability. 4 Page 5 of 7 12. Dispute Resolution Process. In the event of an unresolved dispute between CCCSD and Delta Diablo relating to any of the obligations that may arise from the Agreement as set forth herein, the parties agree that it will be submitted to mediation upon written request by either of the parties. The cost of the mediation, including mediator, court reporter, and related fees, will be shared equally by the parties. 13. Section Headings. The section headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement. 14. Integration. This Agreement embodies the entire agreement and understanding between the parties relative to the subject matter hereof, and supersedes all prior agreements and understandings relating to the relationship described herein. 15. Binding Effect. Except as otherwise provided to the contrary, this Agreement shall be binding and inure to the benefit of the parties and their respective successors, assigns and personal representatives; provided, however, that neither party may assign its rights or obligations without prior written consent of the other party. 16. Severability. The invalidity or partial invalidity of any portion of this Agreement shall not invalidate the remainder of it, and that remainder shall remain in full force and effect. 17. Notices. All notices, requests and other communications shall be given in writing and deemed to have been duly given or served if personally delivered, or sent by first class mail to the party at the address as provided below, or to such other address as each party may hereafter designate by written notice to the other party: 5 Page 6 of 7 a. Cathryn Freitas Human Resources Manager Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553 b. Randall M. Musgraves Administrative Services Manager Delta Diablo Sanitation District 2500 Pittsburg-Antioch Highway Antioch, California 94509 18. Modifications. This Agreement shall not be modified or amended except by written instrument signed by the parties. Dated: 5( J- 'I/o I dd-ut.u~~/f3. Board President, Central Contra Costa Sanitary District Acknowledged By: Dated: 51;2.1/0/ I Dated: ~/q/1. j Acknowledged By: Dated: 5/0/qi I I Sec tary, Delta Diablo Sanitation District 6 PUBLIC HEARING TO RECEIVE COMMENTS ON A PROPOSED ORDINANCE TO RETITLE AND AMEND CHAPTER 6.12 OF THE DISTRICT CODE REGARDING THE CAPACITY FEE PROGRAM AND CONSIDER ADOPTION OF A SCHEDULE OF CAPACITY FEES, RATES AND CHARGES SUGGESTED AGENDA May 24, 2001 I. Request Staff Report II. Public Hearing A. Open Public Hearing. B. Receive comments. C. Close Public Hearing. III. Discussion IV. Consider adopting the proposed Ordinance to retitle and amend Chapter 6.12 of the District Code regarding the Capacity Fee Program including a revised Schedule of Capacity Fees, Rates and Charges. Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: May 24, 2001 No.: 5.a. HEARINGS Type of Action: CONDUCT PUBLIC HEARING; ADOPT ORDINANCE Subject: CONDUCT THE PUBLIC HEARING TO RECEIVE COMMENTS ON A PROPOSED ORDINANCE TO RETITLE AND AMEND CHAPTER 6.12 OF THE DISTRICT CODE REGARDING THE CAPACITY FEE PROGRAM AND CONSIDER ADOPTION OF A SCHEDULE OF CAPACITY FEES, RATES AND CHARGES WHICH WAS CONTINUED FROM MAY 10, 2001 Submitted By. Initiating Dept.JDiv.: Jarred Miyamoto-Mills Engineering/Environmental Services Principal Engineer ~ANDREC~NDEDFO~ACnON~ ~ & ~~ u_, ~ KAm ISSUE: The District Code requires that a public hearing be held prior to the Board of Direc ors' consideration of an ordinance amending Chapter 6.12 regarding the Capacity Fee Program, and adopting a Schedule of Capacity Fees, Rates and Charges. RECOMMENDATION: Conduct a public hearing to receive comments on the proposed ordinance to retitle and amend Chapter 6.12 of the District Code regarding the Capacity Fee Program. Adopt the proposed ordinance. FINANCIAL IMPACTS: Capacity Fees would increase from $2,572 to $3,360 per residential unit equivalent (RUE) for the Gravity Zone, and from $2,920 to $4,070 per RUE for the Pumped Zone. Staff estimates that the increased Capacity Fees, if adopted, will generate approximately $1.6 million in additional annual revenue beginning in fiscal year 2001-2002 based on the projected connection of 1,830 Residential Unit Equivalents per year. If actual connections are greater or less than this projected number, actual revenue realized would be correspondingly more or less than this estimate. ALTERNATIVES/CONSIDERATIONS: The Board of Directors may, 1) adopt the Capacity Fee Program as recommended, 2) set Capacity Fees, Rates and Charges at amounts different from those recommended, or 3) decline to adopt the proposed ordinance leaving Capacity Fees unchanged. BACKGROUND: Staff has reviewed the District's current connection fees and has concluded that the basis for determining fees should be changed to comply with recently enacted 5/16/01 T:\Admin\Miyamoto-Mills\Ordina1CE!S\2001 Capacity Fee PH Positial Paper.wpd Page 1 of 43 POSITION PAPER Board Meeting Date: May 24, 2001 Subject: CONDUCT THE PUBLIC HEARING TO RECEIVE COMMENTS ON A PROPOSED ORDINANCE TO RETITLE AND AMEND CHAPTER 6.12 OF THE DISTRICT CODE REGARDING THE CAPACITY FEE PROGRAM AND CONSIDER ADOPTION OF A SCHEDULE OF CAPACITY FEES, RATES AND CHARGES WHICH WAS CONTINUED FROM MAY 10, 2001 legislation and that Capacity Fees should be established on a "buy-in-to-all-assets" basis. The staff proposal is summarized in Attachment 1. A comparison of the proposed fees with current year fees for other sewering agencies is presented in Attachment 2. The proposal was presented and discussed at the Board Financial Planning and Policy Workshop on January 25, 2001 and as part of the General Manager's Reports at the January 11 and March 15, 2001 Board meetings. Informal meetings for staff to discuss the proposal with interested customers were held on April 24 and May 1, 2001. Letters including a summary of the proposal, notice of the public hearing and an invitation to the informational meetings were sent by first-class mail to the Home Builder's Association of Northern California and 134 developers, contractors, architects and engineers who regularly pay connection fees or estimate fees for their clients. Notices for the public hearing originally scheduled for May 10, 2001 were properly published and posted. The Board continued the Public Hearing to May 24, 2001 to allow time for District Counsel and staff to discuss the City of Concord's request related to allocation of Capacity Fee revenue. Counsel and staff have concluded that the proposed Capacity Fees are not necessarily related to the issues raised by the City, and that resolution of those issues should proceed separately. District and City staff have begun weekly meetings to work toward this end. An ordinance to amend the District Code to provide for determination of Capacity Fees on a "buy-in-to-all-assets" basis has been drafted and is recommended by staff. The Ordinance is presented as Attachment 3. In addition to changing the fee calculation approach and setting the amounts for Capacity Fees, Rates and Charges, the proposed Ordinance would retitle District Code Chapter 6.12 from "Capital Improvement Fees" to "Capacity Fee Program," and would amend the chapter as follows: . A number of new "findings" are included in Section 6.12.010 to document the substantive reasons for the Board to establish the Capacity Fee Program and the Board's independent finding that the Capacity Fee Program is exempt from the California Environmental Quality Act (CEQA). . Each section of the chapter has been edited (text added and deleted) to clarify the procedures and rules for administration of the program, including: 5/17/01 T:\Admin\MiyaTl(Xo-MiIIs\Ordinances\2001 Capacity Fee PH Position Paper.wpd Page 2 of 43 POSITION PAPER Board Meeting Date: May 24. 2001 Subject: CONDUCT THE PUBLIC HEARING TO RECEIVE COMMENTS ON A PROPOSED ORDINANCE TO RETITLE AND AMEND CHAPTER 6.12 OF THE DISTRICT CODE REGARDING THE CAPACITY FEE PROGRAM AND CONSIDER ADOPTION OF A SCHEDULE OF CAPACITY FEES, RATES AND CHARGES WHICH WAS CONTINUED FROM MAY 10, 2001 New definitions for "business owner" and "parcel owner" Describing the appropriate use of Capacity Fee revenues. Adding the requirement that a separate living space be physically separable from the primary residence to be considered an "additional unit." Specifying how Capacity Fees for "shell buildings," that is, buildings with finished exteriors and unfinished interiors, will be calculated. Allowing a customer to initially pay conventional Capacity Fees and receive a connection permit while a "special study" is conducted by staff to verify the appropriate final fee. Adding formulas for the Capacity Use Charge Rate and Current Year Capacity Use Charge for businesses eligible for payment of Capacity Fees over a 15 year period under the Capacity Use Charge Program. Adding User Groups: EF-Large Fitness/Athletic Clubs, and LR-Residence Hotels, with their associated units of measure and capacity fee RUE factors for each zone (gravity and pumping).. The full text of the proposed amended Code chapter showing additions in bold italics, and deletions as "stfikeouf is included in Attachment 3, as Exhibit A to the proposed Ordinance. A "clean" copy of the revised Code chapter (without the bold italics and strikeout) has been separately distributed to the Board to facilitate review. RECOMMENDED BOARD ACTION: Conduct a public hearing to receive comments on the proposed ordinance to retitle and amend Chapter 6.12 of the District Code regarding the Capacity Fee Program. Adopt the proposed ordinance. 5/17/01 T:\AdminWliyanlto-Mills\Ordinances\2001 Capacity Fee PH Positial Paper.wpd Page 3 of 43 Attachment 1 CENTRAL CONTRA COSTA SANITARY DISTRICT Capacity Fee Proposal - May 2001 INTRODUCTION The calculation approach for the District's current capacity fees was most recently revised in 1994. At that time, a "buy-in" component was added to each fee which had previously included only a "future facilities" component (to recover the unit cost of future facilities expansion attributable to new connections). The "buy-in" component included some, but not all District assets. At the time, the District determined that this approach was the most equitable method to calculate the financial burden of new connections. In September 1998, the state enacted SB1760 which requires that sewer capacity fees be based on one of two methods: 1) a "buy-in" to existing assets, or 2) the cost of future facilities expansion. This bill was enthusiastically endorsed and supported by the home builders associations state-wide. While fees such as the District's that include both "buy-in" and "future facilities components are not explicitly disallowed by the statute, the legislative history of S8 1760 suggests that the intent of the drafters was to allow one or the other method, but not both. USE OF CAPACITY FEE REVENUE The District's Ten-Year Capital Improvement Plan provides the Board of Director's with the information needed to formulate long-range policy regarding: . Priority and Schedule - appropriate project priorities and schedules to assure continued effective accomplishment of program goals with the most efficient allocation of limited financial resources; . Financing - sufficient financial resources for completion of the projects needed to accomplish the District's Mission to protect the public health and the environment by collecting and treating wastewater, recycling high quality water for public use, and promoting pollution prevention. The draft 2001 Ten-Year Capital Improvement Plan includes expenditures totaling $211.6 million (2001 dollars), and establishes the need for the proposed Capacity Fees. In essence, by requiring new users to buy-in at the time of connection, all customers (current and new) are assured that annual charges for capital improvements are the minimum possible. The Capacity Fees proposed will be used to fund District services and needed upgrades, replacements, renovations and improvements of existing District wastewater and household hazardous waste collection, treatment, recycling, reuse and disposal facilities to maintain their capacity, and to add to and/or expand these facilities in the Page 4 of 43 Capacity Fee Proposal - May 2001 Page 2 future when needed or as required to meet legal and regulatory requirements (all of these services and facilities will ultimately be shared by current and future users), and for equitable adjustment of capital contributions between new, current and contractual users. APPROACH TO RECOMMENDED CAPACITY FEES Broadening the "buy-in" concept of the current capacity fee to cover all District assets including real property, facilities, equipment and the balances in the Sewer Construction, Running Expense and Self Insurance Funds is recommended as the most practical approach to establishing fair and equitable capacity fees. A summary of the calculation of recommended fees is presented in the attached table. In the calculation, the current value of each asset category was determined as follows: . Land: Current value of investments in real property was determined based on the "opportunity value" of like cash investments deposited in the District's temporary investments at the time of each purchase and held at interest until June 30, 2000, rather than by determining market value by appraisal. It is likely that this approach resulted in a lower valuation than would have been determined by appraisal. It may be appropriate to review the approach to land valuation when Capacity Fees are reevaluated in the future. . Facilities: Current value of District investments in physical facilities was determined by both escalating each year's facilities expenditures based on the change in the Engineering News Record Construction Cost Index for the San Francisco Bay Area (ENR-CCI-SF), and applying straight-line depreciation using the following life-cycles with no salvage value. Gravity Sewers (Mains, Trunks & Interceptors) 100 years Treatment Plant, Pumping Station & Recycled Water Facilities Structure/Foundation 75 years Mechanical, Electrical & Control Equipment 20 years General Improvements Buildings 50 years Mechanical/Electrical Equipment and Furnishings 20 years Vehicles and other Equipment 10 years Page 5 of 43 Capacity Fee Proposal - April 2001 Page 3 . Fund Balances: Average balances for the Sewer Construction Fund, the Running Expense Fund, and the Self Insurance Fund were calculated based on their actual balances on June 30, 2000, and budget projection for June 30, 2001. The Sewer Construction Fund Balance was reduced by the value of the outstanding balance on the District's 1998 Refunding Revenue Bonds. After determining the current value for an asset category, the component of the Capacity Fee attributable to that category is calculated by dividing current value by the current number of customers (number of Residential Unit Equivalents - RUE), currently estimated to be 148,467 RUE: Value of Assets B uy-in Fee =---------------------------------------- Number of Customers (RUE). The buy-in-to-all-assets approach is preferred primarily due to the "facilities-mature" status of the District. In this context, "facilities-mature" means that the value of existing assets (about $1.05 billion) is many times the value of future facilities expansion needed to accommodate future customers. Most of the work envisioned in the Capital Improvement Plan is for renovation, replacement or upgrading of facilities to meet the needs of current customers. Charging a capacity fee based on "buy-in" to existing assets equalizes the unit investment of each customer as they move from being "future" to being "current." JM2:mbs Page 6 of 43 Attachment 2 COMPARISON OF CAPACITY FEES Agency Dublin San Ramon Services District Pleasanton Livermore Benicia Mountain View Sanitary District Napa Sanitaion District Rodeo Brentwood Pittsburg (DSRSD for Treatment) Central Contra Costa Sanitary District (Proposed) Pumped Zone Berkeley (EBMUD for Treatment) Antioch (DSRSD for Treatment) Oro Lorna Sanitary District Central Contra Costa Sanitary District (Proposed) Gravity Zone Oakland (EBMUD for Treatment) West County Wastewater District Concord Stege Sanitary District (EBMUD for Treatment) Capacity Fee $10,950 $10,400 $8,600 $7,500 $6,873 $5,660 $5,000 $4,881 $4,201 $4,070 $3,980 $3,965 $3,652 $3,360 $2,047 $1,854 $1,750 $1,690 Source: Wastewater User Charge Survey Report, FY 2000-2001 CalEPA - State Water Resources Control Board Page 7 of 43 Attachment 3 ORDINANCE NO. AN ORDINANCE OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT TO RETITLE AND AMEND CHAPTER 6.12 OF THE DISTRICT CODE AND ADOPT A SCHEDULE OF CAPACITY FEES, RATES AND CHARGES WHEREAS, substantial study has been conducted regarding the impacts of planned future development within the District's service area on existing District services and facilities, along with an analysis of new, improved, or expanded District facilities and services required or appropriate to serve new users and current users who change the use of their connected buildings and facilities, and said studies have set forth the relationship between the added burden imposed by such new users and current users who change the use of their connected buildings or facilities, and the need for and estimated cost of District services and facilities occasioned by this added burden; and WHEREAS, these studies were undertaken by District staff and culminated in documents that are part of the public record, to wit: the "Fiscal Years 1999-2000 and 2000-2001 Capital Improvement Budget & 1999 Capital Improvement Plan", the "Briefing Document for the Board Financial Planning and Policy Workshop, January 25, 2001 ," and the "Staff Report on Proposed Capacity Fee Program Revisions" dated May 14,2001; and WHEREAS, it is reasonable and necessary that all users of the District's wastewater and household hazardous waste collection, treatment, recycling, reuse and disposal services and facilities, including those temporary users served under Special Discharge Permits, contribute their appropriate portion of the funding for such District services and facilities; and WHEREAS, a public meetings for District staff to informally discuss the proposed Capacity Fee Program with interested customers were held on April 24 and May 1, 2001, in the District Board of Directors Meeting Room; and Page 1 of 3 Page 8 of 43 WHEREAS, a properly noticed public hearing regarding the proposed Capacity Fee Program revisions was held on May 10, 2001, and proper notice was also given of the availability of the documents noted above for public inspection and review prior to said public hearing; and WHEREAS, amendment of Chapter 6.12 of the District Code is required to provide the enabling authority for the District to implement the proposed Capacity Fee Program; NOW, THEREFORE, the Board of Directors of the Central Contra Costa Sanitary District does ordain as follows: Section 1. Chapter 6.12 of the District Code is hereby retitled "Capacity Fee Program" and is amended as is set forth in full in Exhibit "A" to this Ordinance, which exhibit is hereby incorporated in full herein by this reference. Section 2. This Ordinance shall be a general regulation of the District and shall be published once in the Contra Costa Times, a newspaper of general circulation within the District, and shall be effective upon the eighth day following publication. Section 3. Effective as of July 9, 2001, Capacity Fees shall be charged in accordance with the amended provisions of Chapter 6.12 of the District Code as set forth in Exhibit "A" to this Ordinance, and said fees shall be Page 2 of 3 Page 9 of 43 at such rates for such categories of users as are set forth in the Section 6.12.090 Schedule of Capacity Fees, Rates and Charges of said Chapter 6.12. PASSED AND ADOPTED by the Board of Directors of the Central Contra Costa Sanitary District on the 24th day of May, 2001, by the following vote: AYES: NOES: ABSENT: Members: Members: Members: President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California APPROVED as to form: Counsel for the District T:\Admin\Mya'ncj<>>Aills\Ordinances\2001 Capacity Fee Ordinance.wpd Page 3 of 3 Page 10 of 43 EXHIBIT A Chapter 6.12 CAPI~AL IMPROVEMEN~ FEES AND CHARGES CAPACITY FEE PROGRAM Sections: 6.12.010 6.12.020 6.12.030 6.12.040 6.12.050 6.12.060 6.12.070 6.12.080 6.12.090 Findings. Adoption by ordinance. General provisions. Residential \..-a~.LLal .LHl~LVVeHlellL Capacit:y Fees. Nonresidential L:a~.LLal .LlLl~LVVelLlellL [ee;:) Capacity Fees. Change of use. Capacit:y fee credits. Repeal of prior fees. Schedule of L:a~.LLal .LHl~LVVeHlellL L:a~.LLal .LlLl~LVVelLlellL [ee;:) Capacity Fees, rates and charges. 6.12.010 Fjndings. The Board of Directors finds as fo~~ows: A. District custOlllBrs have made a substantia~ invest:ment in existing District wastewater and househo~d hazardous waste co~~ection, treatment, recyc~ing, reuse and disposa~ services and faci~i ties tha t wi~~ benefi t new users. B. 1'he puzpose of the Capaci t:y Fee Program is to provide for each new user, by payment of a Capacit:y Fee at the time of initia~ connection of a bui~ding or faci~it:y on their property to the District's sewer system or, subsequent~y, when creating an added burden, to equa~ize their investment with the investment of other existing users in the vuue of u~ District assets. C. New users within the District service area, 1) generate an added burden on the District's wastewater and househo~d hazardous waste co~~ection, treatment, recyc~ing, reuse and disposu services and faci~ities, and 2) w~d contribute to degradation of the overa~~ ~eve~ of wastewater and househo~d hazardous waste co~~ection, treatment, recyc~ing, reuse and disposu services and faci~i ties provided by the District absent the expendi tares for services and faci~i ties to be funded through the revenues co~~ected pursuant to this chapter. D. For the District to provide an adequate ~eve~ of service within its service area, renovation, rep~acement, upgrading and iDprovement of existing faci~i ties to maintain their capaci t:y, and construction of new and/or expanded faci~ities to increase capacity is necessary. Page 1 of 33 Page 11 of 43 E. The Capacity Fees to be co~~ected pursuant to 1:11is chapter are required to ensure that new users contribute their appropriate share of 1:11e necessary :funding for District services and needed upgrades, rep~acements, renovations and iDprovements of existing District wastewater and househo~d hazardous waste co~~ection, treatment, re~c~ing, reuse and dis.Posa~ faci~ities to maintain 1:11eir capaci ty, and to add to and/or expand 1:11ese faci~i ties in t:he rut:ure when needed or as required to meet ~ega~ and re~ato~ requirements (a~~ of which services and faci~ities wi~~ ~timate~y be shared by current and future users), and for equitab~e adjustment of capita~ contributions as between new, current and contract;ua~ users. F. The portion of t:he revenues co~~ected pursuant to this chapter designated for equa~ization of investment between existing and new users in capita~ assets (inc~uding ~and, wastewater and househo~d hazardous waste co~~ection, treatment, re~c~ing, reuse and dis.Posa~ faci~ities, and the Sewer Construction FUnd ba~ance) sha~~ be used to maintain capacity in existing faci~ities through ~ife-cyc~e rep~acement, renovation, upgrading and iDprovement, to add to and/or expand t:hese faci~i ties in 1:11e future when needed or as required to meet ~ega~ and regulato~ requirements (a~~ of which services and faci~ities wi~~ u.1timate~y be shared by current and :Eut:ure users), for equitab~e adjustment of capitu contributions as between new, current and contractua~ users, and to fund a portion of the prudent reserve requirements of 1:11eSewer Construction FUnd, as may be estab~ished frOllJ. time to time at t:he discretion of t:he Board of Directors. !'he capi tu faci~i ty needs and prudent reserve requirements of 1:11e Sewer Construction FUnd are set forth in the District's Capita~ DJprovement Budget and P~an which is revised and updated eve~ two years. G. !'he portion of t:he revenues co~~ected pursuant to this chapter designated for equa~ization of investment between existing and new users in 1:11e .Running Expense FUnd and Se~f- Insurance FUnd ba~ances sha~~ be used to fund t:he new users' portion of 1:11e prudent reserve requirements of t:hese funds, as such requirements may be estab~ished frOllJ. time to time at t:he discretion of 1:11e Board of Directors. B. !'he facts and evidence estab~ish 1:11at there is a strong and reasonab~e re~ationship between the necessity for maintenance of capacity in existing faci~ities and construction of new and/or expanded faci~i ties -to increase capaci ty, and t:he addsd burden created by each of the parti~ar user groups set forth in Section 6.12.090 Schedul.e of Capacity Fees, Rates and Charges for which the corresponding fees are to be charged, and t:here is a Page 2 of 33 Page 12 of 43 strong and reasonab~e re~ationship between the fees' intended use and the added burden created by each parti~ar user group for which the fees are charged. I. Tbe fees expected to be generated from the Capaci ty Fee Program wi~~ not exceed the tota~ of a~~ actua~ costs reasonab~y a~~ocab~e to the services and faci~ities needed to serve new users. J. Based on an accounting of the sources of funds that have contributed to the Sewer Construction Fr:md balance, and the historic use of revenues from. that fund, a~~ funds current~y within the Sewer Construction FUnd sho~d be a~~ocated to needed upgrades, rep~acements, renovations and iDprovements of existing District wastewater and househo~d hazardous waste co~~ection, treatment, recyc~ing, reuse and disposa~ faci~ities to maintain their capaci ty, and to add to and/or expand these faci~i ties in the future when needed or as reqaired to meet ~ega~ and reg'Ul.atory reqairements, and for eqaitab~e adjustment of capita~ contributions as between new, current and contractua~ users.. K. Regarding ccmp~iance with the Ca~ifornia Environmenta~ Qua~ity Act (CEQA), the Board of Directors finds as fo~~ows: 1. Tbe revenues generated by the Capacity Fees co~~ected pursuant to the provisions of this Chapter are to be used, in part, for equalizing investment in the capital costs of faci~i ties constructed in the past which have provided capaci ty to be shared by current and future users, inc~uding, among others, Stage SA and Stage 5B Treatment P~ant Expansions, Headworks IJrprovements, Ultra-Vio~et Light Disinfection Faci~i ties, San Ramon Va~~ey Trunk Sewer, Downtown Jiamut Creek Bypass, and A-Line and P~easant Hi~~ Re~ief Interceptors. li~ such past projects providing capacity to be shared between current and future users were initiated and c~~eted in keeping with the reqairements of CEQA. 2. Tbe Capacity Fee Program provided for in this chapter wi~~ not in i tse~f res~ t in an expansion of faci~i ties to provide for growth outside of the existing service area. Tbe revision of the Capacity Fee Program is not in i tse~f a project as defined by CEQA and will not in i tself res~ t in any specific project nor resu~t in any direct physica~ change in the environment. An Environmental IJrpact Report, or other appropriate CEQA c~~iance documentation, wi~~ be prepared prior to the undertaking of any "project" to be :funded in whole or in part by the revenues co~~ected pursuant to the Capacity Fee Program contained herein. The Capacity Fee Program rationally relates fees charged with the cost of providing services and faci~i ties capacity for new users and current users who change the use of Page 3 of 33 Page 13 of 43 their connected bui~dings or faci~ities. 3. The District has comp~ied with the requirements of the Ca~ifornia Environmenta~ Qual.i ty Act with regard to the Ordinance adopting the Capaci ty Fee Program in that a Notice of Exeaption has been pr~ared setting forth Pub~ic Resource Code Section 15273 (District CEgA Guidelines Section 17.7 (a) (4)) as the basis for this exeaption, for the reasons set forth in paragraphs 1 and 2 immsdiate~y above, such a Notice of Exeaption has been fi~ed pursuan t to law. Based on these findings, the Board of Directors have adopted the Capacity Fee Program set forth in the provisions of this chapter to ensure adequate funding of a~~ needed upgrades, rep~acements, renovations and ~rovements of existing District wastewater and househo~d hazardous waste co~~ection, treat:ment, recyc~ing, reuse and disposu faci~i ties to maintain their capacity, additions to and expansions of the capacity of these faci~ities in the future when needed or as required to meet ~ega~ and regul.atory requirements (u~ of which services and faci~ities wi~~ ~timate~y be shared by current and future users), for equitab~e adjustment of capita~ contributions as between new, current and contractua~ users, and prudent reserve requirements of the Running Expense Fund, the Se~f Insurance Fund and the Sewer Construction Fund occasioned by the added burden on District services and facilities attributable to new users and current users who change the use of their connected bui~dings or facilities; and to provide that each new user and each current user who c1:Janges the use of his/her connected buildings or facilities pays his/her fair share of the cost of District services and facilities. It is the intent of this chapter that the Capaci ty Fee Program together wi th the other revenue programs of the District provide sufficient funds to meet the capi tal cost requirements of providing capacity throughout the effective period of the current and successive capital ~rovement p~ans. It is the further intent of this chapter that the factors to be considered in ca~~ating future capital costs and projecting needed revenues s~l inc~ude, but not be limited to, growth projections, the current costs of facility construction, current fund balance or deficit, projected increased costs of facility construction, the differential cost in providing service between various areas of the District, current and anticipated changes in govermnental regulation, inflation, debt service, and the time value of money. 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II I . eA.L;:' .LU'::l aL:.L.L .Le;:; w 1.LL: 1 W.L U L.LllLaLely Le ;:,llaLeU Ly L:ULLeuL auJ [uLuLe L . t ' u;:,eL;:', U lLla.LU a.LU Lllt::: D.L;:,LL.LL:L';:, p.1.t:::[eLellL:e [UL LI f' . le pay a;:, yuu '::lu .LuauL:.Lu'::l ;:,y;:,Lt:::lll Lu LIlt::: t:::ALt:::uL pv;:,;:,.i.Lle Lu p.1. . ..1 LI L 1 f .,. ' U V.L t::: la eaL: 1 U;:;t:::.1. U Lllt::: D.L;:,L.1..LL:L pay .LL;:, [a.LL ;:,11a.1.t::: V[ Lllt::: l...-u;:,L vf D' L ' L' f 'I' , .L;:' L.LL: ;:, aL:.L .Ll.Le":" lu pLUV.LUe [UL a pLuueul Le;:,eLve .LU ll1e 8ewt:::L CU~;:,lLU~l.LUU Fuuu, auJ, Lu ;:'.Llllpl.L[Y LIle aJlll.Lu.L;:,lLaL.Luu auJ L:U ~eL:L.Luu U[ fee;:,. IL.L;:' Llle .LuLeul u[ Lll.L;:' dlapLeL LIlaL Llle Cap.LLal IllLpLuvelllt:::uL Ft:::t::: 3y;:,Lt:::llL ;:,11all pLVV'J [[' . t . .J.. e .1.e vel1ut:.::>u ..LL...Lt:::l1- Lu lllet:::L Lllt::: L:ap.LLal L:u;:,L Lt:::YU.LLelllt:::uL;:, U[ pLVV.LJ.LU'::l L:apaL:.LL Lluuu'::ll1vuL Lllt::: t:::[[t:::L:L.Lve pt:::L.LVJ V[ LIlt::: L: L ..1 ~ . . UL.LelJ. al! ,:,u\..,;\..,.:.t:.::>.::>..Lve L:ap.LLal .LllLpLUVelLLellL pIau;:,. IL.L;:; Lllt::: [uLLlleL .LuLeuL u[ Lll.L;:' Page 5 of 33 Page 15 of 43 \...Jla~Lt::L Ll1aL LILt:: Ia\.;LvL:::> Lv 0t:: \.;VU:::>.LJt::Lt::J .LU \.;alL-ulaL.Lu~ LILt:: IuLuLt:: \.;atJ.i.Lal \.;v:::>L:::> auJ ~Lvjt::\.;L.i.u~ Ut::t::Jt::U Lt::Vt::UUt:::::> :::>11all .Lu\.;luJt::, 0uL uvL 0t:: l.Llll.LLt::J Lv, ~LvwLII ~Lvjt::\.;L.Lvu:::>, LILt:: L-ULLt::uL \.;v:::>L:::> vI Ia\';.Ll.LLy \.;VU:::>LLU\.;L.Lvu, L-ULLt::uL Iuuu 0alau\.;t:: VL ut::I.LL-.LL, ~Lvjt::\.;Lt::J .Lu\.;Lt::a:::>t::J \.;v:::>L:::> vI Ia\';.Ll.LLy \.;VU:::>LLU\.;L.Lvu, Lllt:: J.i.IIt::Lt::uL.Lal L-v:::>L .LU ~LVV.LU.LU~ :::>t::LV.LL-t:: 0t::Lwt::t::u VaL.LVu:::> aLt::a:::> vI LILt:: D.L:::>LL.L\.;L, \.;ULLt::uL ClUJ ClUL.L\';.LtJClLt::J dlClU~t:::::> .La ':jvvt::LlHLLt::uLCll Lt::~ulaL.i.vu, .i.uilaL.i.vu, ut::0L :::>t::L v.i.\.;t:: auU LIlt:: L.i.lllt:: valut:: vi llLVUt::y. 6.12.020 Adoption by ordinance. The District Board of Directors ~1!C1ll may, 1) establish zones recognizing areas where a significant differential in the cost Tn of providing services and faci~ities exists, 2) adopt \.;a~.LLal .LllL~LVVt::lllt::uL It::t:::::> Capacity Fees, rates and cbarges for residentia~ units within eaell .zone, and 3) adopt the residentiu unit equivuence (RUE) factors and the units of measure for each nonresidentia~ user g.ro~ by ordinance upon a two-thirds vote after conducting a pr~er~y noticed public hearing to receive comments on suell rates, fees and charges as may be pr~sed for Board of Directors' consideration from time to time. 'flIt:: BvaLu vI D.LLt::\.;LvL:::> :::>11all, tJUL :::>uauL Lv :::>u\.;ll tJLV\.;t::JULt::, ClJvtJL La Lt:::::> IVL Lt:::::>.LJt::uL.Lal UU.L L:::> W.L Lll.LU t::adl L.vut::. AJJ.L L.Lvually, LIlt:: BvaLJ, wllt::u t:::::> La01.L:::>11.Lu~ UV1!Lt:::::>.LJt::uL.Lal It::t:::::>, :::>llall aJv~L Lt:::::>.LJt::ll L.Lal UU.L L t::Y.U.L valt::ll\.;t:: (RUE) IaL-LvL:::> auJ ull.LL:::> vI lllt::a:::>ULt:: IVL t::aL-11 U:::>t::L ~LVU~. The rates and RUE factors set forth in the ordinance shall be based on an engineering application of the principles set forth in this chapter. 'fllt:: uvuLt:::::>.LJt::uL.Lal It::t:::::> :::>l1all 0t:: Jt:::::>L-L.L0t::J Ll!Lvu~ll LILt:: U:::>t:: vI a La01t:: vI t::y'u.Lvalt::uL:::>, w11.L\.;11 :::>t::L:::> IVLLIl LIlt:: uU.LL vI lllt::a:::>ULt:: auu LIlt:: RUE Ia\.;LvL IVL t::aL-ll U:::>t::L ~LVU~ auu t::a\.;ll L.Vllt::. The residentiu Capaci ty Fees, and a tab~e of equi vuents, whiell sets forth the uni t of measure and the RUE factor for eaell nonresidentia~ user g.ro~ and each .zone sha~~ be inc~uded in Section 6. 12. 090 Sche~e of Capaci ty Fees, Rates and Charges. 6.12.030 General provjsions. A. Definitions. The fo~~owing tezms sbU~ have the meaning set forth be~ow for the purposes of this Tit~e. 1. Added Burden. "Added burden" means any of the following: a. A connection of any bui~ding or faci~ity on rrorn a parcel, J.LLt::\.;L VL .LuJ.LLt::\.;L, to the sewer system for the first time, vI auy :::>LLU\.;LuLt::; b. An existing connection from a parcel where the estimated volume of flow or the strength of the wastewater discharged from said parcel will be increased due to construction of additional units of measure, or a change in lallJ u:::>a':jt:: use of Page 6 of 33 Page 16 of 43 the bui~dings or faci~ities on the parce~. This increase in flow or strength shall include an existing connection from a nonresidential parcel where the units of measure attributable to said parcel has at any time been increased, including any combination of increases over time once said increases are known to the parcel owner and/or discovered by the District, whichever comes first. If more than one independent operation exists on a single parcel, an added burden shall also mean an existing connection where the number of residential unit equivalents attributable to any .i.w.l.i.v.i.JuCll independent operation has increased due to a differing use. If a single and integral operation spans two or more contiguous parcels, the increase shall be measured against the total number of residential unit equivalents attributable to the operation. c. An existing connection from a parce~ where Capaci ty Fees were never paid or where inaccurate information was gi ven which res~ ted in a ~esser fee having been paid than wo~d have been required with a correct ca~~ation of the fee. 2. Business owner. "Business owner" means the prqpriecor of a business or the person possessing the ~icense co operate a business. 23. Change of Use. "Change of use" means any imposition of an added burden or significant ~essening of burden on District services and facilities that occurs after the initial connection from the parcel to the District ~eWCl~e sewer system for which applicable fees have been paid. "Change of use" includes, but is not limited to, any alteration of the use of a parcel that requires the parcel to be reclassified to a different user group or any a~teration of the use of a parce~ by the parce~ or business owner which significanc~y affeccs the burden on District services or faci~ities. "Change of use" shall also include additions, renovations, modifications, construction, reconstruction or redevelopment of an existing nonresidential parcel or of ~LLu~LuLe~ bui~dings or faci~ities on such a parcel which results in a net increase in units of measure even though the user will remain within the same user group. "Change of use" includes the addition of any new residential unit to an existing residential parcel. A change of use may increase or ~essen the burden. ~4. Nonresidential User. A "nonresidential user " includes all users who have a connection or are initia~~y connecting to the District's sewer syscem where the land use of the parcel is other than for residential units (as the term is defined within this code), including, but not limited to, all commercial, industrial, service-related and governmental uses. +5. Parcel. A "parcel" means real property upon which a separate assessor's parcel number has been established. Page 7 of 33 Page 17 of .43 6. Parcel. Owner. A 'parcel. owner" means any person or entity l.isted in the most recent Equal.ized Assessor's Parcel. Rol.l. as owner of the subject property or the current owner if a change in ownership has occurred subsequent to the l.ast publ.ishing of the Equal.ized Assessor's Parcel. Rol.l.. 57. Person. A "person" means any individual, partnership, committee, association, corporation, foundation, public agency and or any other organization or group of ~~L~Vll~ indivi dual. s, public or private. fiB. Residential Unit Fee. A "residential unit fee" is defined as any of the Ca~.i.Lal ILll~Lvv~Lll~llL Capacity Fees set by the Board of Directors for a residential unit within a zone. 79. Residential Unit Equivalence Factor. A "residential unit equivalence (RUE) factor" is defined as the factor used in determining the added burden placed on the system by a nonresidential user and shall be established based on the equivalency to the burden (in terms of capacity) that a typical residential unit places on the District's sewerage system, ..Llll..-luJ..Lll'::j Ll!~ [al..-LVL~ v[ taking into account both volume of flow and wastewater strength. &10. Residential Unit. A "residential unit" is defined as the unit of measure for the use of any parcel or portion of a parcel for exclusively residential purposes, which shall include, but not be limited to, single-family dwellings, each unit of a multiple-family dwelling (such as apartments, condominiums and townhouses), mobile home residences, and other forms of property use providing for separate, independent habitation such as in-law units, househol.d worker quarters or "granny" units. ~11. Unit of Measure. A "unit of measure" means the basic unit used by the District in quantifying the degree of use for a particular use of a parcel. Each prospective user within a particular user group shall be evaluated with regard to the added burden placed on the sewerage system based upon a predetermined unit of measure for that user group. Units of measure may include criteria such as the number of dwelling units, structure square footage, parcel acreage, fixture units, seating capacity, number of beds and/or number of employees or customers anticipated, or other units of measure fOUl!d determined to be appropriate. B. Administration. The General Manager Cb..L~[ Ell'::j.i.ll~~L shall administer, implement and enforce the provisions of this chapter. Any powers granted to or duties imposed on the General Manager Cl!..L~[ EH\:J..Lll~~L may be delegated to persons acting in the beneficial interest of, or in the employ of the District. c. Use of Ca~.i.Lal ILll~Lvv~Lll~llL Capacity Fee Revenues. td:T l..;a~.i.Lal .i.Lll~LVV~Lll~llL [~~ L~V~llU~~ I..;vllel..;LeJ ~uL~uallL Lv Ll!..L~ Page 8 of 33 Page 18 of 43 c1la!-,LeL ;:,llall Le !-,laceJ ";"U LIle D";";:,LL";"cL';:, 3eweL CVU;:,LLucL";"vu PuuJ. 'fl1e;:,e LeVeUUe;:, w";"ll Le accvuuLeJ [VL. All Hlvuey;:, Je!-'v;:,";"LeJ w.LLll.LH ca!-,.LLCl.l .LHl!-'LvveHleHL fee Cl.ccvuHL;:, w";"ll ulL.LHlCl.Lely Le Cl.!-,!-,l";"eJ Lv ca!-''';''Lal !-,LvjecL;:, [VL eA!-'aH;:''';''vu;:, v[ LIle D";";:,LL";"cL';:, ;:,eweLCl.l::!e ;:,y;:,LeHl HeeJeJ Lv !-,LVV.LJe ca!-,Cl.c.LLy [VL Hew u;:,eL;:' Cl.HJ [VL u!-'I::!LCl.Je, Le!-,lCl.ceHleHL Cl.HJ .LHl!-'LvveHleHL Lv HlCl..LHLCl..LH LIle CCl.!-'Cl.c";"Ly v[ eA.L;:' L.LHI::! [Cl.c.Ll.L L.Le;:, Wll.Ldl w.Lll ul L.LHlCl. Lely Le ;:,llCl.LeJ 0y CULL eH L Cl.uJ [uLuLe u;:,eL;:'. A1~ Capacit:y Fee revenue co~~ect:ed pursuant: t:o t:he provisions of t:his chapt:er shal.~ be separat:e~y account:ed for and used as fo~~ows : 1. 1'he port:ion of t:he revenues co~~ect:ed pursuant: t:o t:his chapt:er designat:ed for equa~izat:ion of investment: between exist:ing and new users in capi t:a.l asset:s (inc~uding ~and, wastewat:er and hOUBeho~d hazardous wast:e co~~ect:ion, t:reat:ment:, recyc~ing, reuse and disposa~ faci~i t:ies, and t:he Sewer Const:ruct:ion FUnd ba~ance) sha~~ be used to maintain capacity in exist:ing faci~it:ies t:hrough ~ife-cyc~e rep~acement:, renovat:ion, upgrading and iDprovement:, t:o add t:o and/or expand t:hese faci~it:ies in t:he fut:ure when needed or as required t:o meet: ~ega~ and re~at:ory requirement:s (a~~ of which services and faci~it:ies wi~~ ~timate~y be shared by current and future users), for equit:ab~e adjust:ment: of capit:a.l cont:ribut:ions as bet:ween new, current and contractua~ users, and to fund a port:ion of t:he prudent: reserve requirement:s of t:he Sewer Const:ruct:ion FUnd, as may be est:ab~ished from t:ime t:o t:ime at: t:he discret:ion of t:he Board of Directors, a~~ of which asset:s benefi t, direct:~y or indirect:~y, bot:h current: and new users. 1'hese revenues may a~so be used t:o repay any debt: incurred in t:he financing of such ~ife- cyc~e rep~acement:s, renovat:ions, upgrades and iDprovement:s, addit:ions t:o or expansion of Dist:rict: wast:ewat:er and hOUBeho~d hazardous wast:e co~~ect:ion, t:reat:ment:, recyc~ing, reuse and disposa~ faci~it:ies. 1'he capit:a~ faci~it:y needs and prudent: reserve requirement:s of t:he Sewer Const:ruct:ion FUnd are set: fort:h in t:he Dist:rict:' s Capit:a.l IJ:qprovement: Budget: and P~an which is revised and upda t:ed every two years. 2. 1'he port:ion of t:he revenues co~~ect:ed pursuant t:o t:his chapt:er designat:ed for equa.lizat:ion of investment: bet:ween exist:ing and new users in t:he Ru"" i fig Expense FUnd and Se~f- Insurance FUnd ba.lances sha~~ be used t:o fund t:he new users' port:ion of t:he prudent: reserve requirements of t:hese funds, as such requirement:s may be est:ab~ished from t:ime t:o t:ime at: t:he discret:ion of t:he Board of Directors. D. T.Lme [VL DeLeuU.LHCl.L.LVH Cl.HJ A;:,;:,e;:,;:,meHL v[ Pee. 'fIle amvuuL v[ ca!-''';''Lai ";"m!-'LvvemeuL fee;:, Lv Le a;:,;:,e;:,;:,eJ Jue Lv au aJJeJ 0uLJeH ;:,llCl.ll Le JeLeuu.LueJ Cl.L LIle L.Lme LIle D.L;:,LL.LcL LeV.Lew;:, !-'lCl.u;:, Page 9 of 33 Page 19 of 43 L I:: 1 a L.1. v I:: Lv Llll:: 111:: W CVlll1l::C L.1. Vll La ;:'I::J Vll Llll:: Llll::ll I::X.1.;:' L .1.llY VL PLVPV;:'I::J U;:'I:: V[ Llll:: ;:,uLjl::cL pLVpl::LLy Wlll::ll L;Vlll1I::cLI::J. All appl.1.caL.1.vll [VL UI::W VL I::xpauJI::J wa;:,Ll::waLI::L uL.1.l.1.Ly ;:'I::LV.1.CI:: llLu;:,L LI:: ;:'ULllL.1.LLI::J LI::IvLI:: Llll:: D.1.;:,LL.1.......L w.1.ll LI::V.1.I::W plau;:,. II Llll:: aJJI::J LULJI::U VCCUL~ W.1.LlIVuL a UI::W CVlllll::cL.1.Vll, Llll::ll Llll:: L.1.llLl:: [VL JI::LI::LllL.1.llaL.1.Vll v[ II::I::;:' w.1.ll LI:: wl1l::u Llll:: aJJI::J LULJl::ll VCCUL;:' VL wl1l::u Llll:: D.1.;:,LL.1.L;L LI::V.1.I::W;:, plau;:, Ll::laLI::J Lv Llll:: dlauYI:: v[ U;:'I::, wl1.1.Cbl::VI::L L;VllLl::;:' LLL;:' L. 'fIll:: [1::1::;:' w.1.ll LI:: a;:';:'I::;:';:'I::J aya.1.u;:, L Llll:: paLL;l::l aL LllaL L.1.llLI::. ED. Time for Payment and Penalties for Delinquent Payment. Payment of cap.1.Lal .1.lLlpLVVl::lLll::uL [1::1::;:' Capacity Fees shall be due and made prior to the time of imposition of the any added burden a;:, Llll:: LI::LlLl .1.;:, JI::[.1.llI::J .1.U Lb.1.;:' ......llapLI::L. If a new connection OGGuL5 is prqposed by the user making app~ication for a per.mit, payment shall be made at the time of the District's issuance of a permit to connect to the public sewer. For a change of use where no new connection is prqposed by the user, payment shall be due and made at the time the District reviews building plans related to the change of use. If an added burden lla;:, VC......ULLI::J occurs without payment of Llll:: cap.1.Lal .1.lLlpLVVl::llLl::uL [1::1::;:' Wlll::ll JUI:: a;:, ;:'I::L fOL: Ul aLvvl:: ill Lll.1.;:' 5eGtloll Capacity Fees, payment shall be due frolLl Llll:: L.1.lllC vi LlIC .1.lLl1-'v6.1.L.1.VU vI Llle aJJcJ bULdcu, VL [.LUlLl at the time of the District's discovery of the added burden., aL Llll:: J.1.;:'L;LI::L.1.VU vI LlIC <31::11I::Lal MauaYI::L Cll.1.cI EllY.1.UI::I::L. 'fIll:: cap.1.Lal .1.lLlpLVVl::lLll::uL II::I::;:' ;:,11all LI:: pa.1.J Lv Llll:: D.1.;:,LL.1.cL aL Llll:: D.1.;:,LL.1.cL vI[.1.CI:: IvcaLI::J aL :i019 IlldlV[[ Placl::, MaL L.1.UI::L., Cal.1.[vLu.1.a, 94:i:i3. Under ordinazy circumstances, where a connection per.mi t is sought, or where the District receives prior notice of a prqposed change in use, unpaid fees and/or charges shall become delinquent forty-five days after mailing, or Y.1.V.1.uy personal ;:'I::LV.1.CI:: de~ivezy of, a UVL.1.L;1:: notification of fees and/or charges that are due. Under circumstances where the District dDes not receive a request for a connection per.mit or bui~ding p~ans for review prior to a change of use occurring, the fees and charges s~~ become de~inquent either at the time when the new connection or change in use occurs, at the time of subsequent discovezy of the unreported new connection or change in use, or forty-five (45) days after notice of fees and charges being due is provided to the user by mai~ or persona~ de~ivezy, at the discretion of the Genera~ Manager after consideration of the facts of the parti~ar situation. A pl::ualLy c11aLYl:: v[ Ll::ll pl::LCl::llL v[ Llll:: vL.1.Y.1.ual Ullpa.1.J alLlVUllL ;:,llall Lc aJJI::J Lv allY ca1-'.1.Lal .1.lLlpLVVt:llll::uL Icc LllaL LC......VlLlC;:, Jl::l.1.uyul::llL. IllLI::LI::;:,L aL Llll:: lLlaX.1.llLUllL LaLI:: tJLVV.1.JI::J Ly law Ll::yaLJ.1.uy Jl::l.1.uyul::uL [1::1::;:' auJ c11aLYI::;:' ;:,11all a......L;LUI:: vu Llll:: LvLal v[ all Jl::l.1.uyul::uL [1::1::;:' auJ L;11aLYI::;:' plu;:, pl::llal Ly c11aLYI::. Pena~ties Page 10 of 33 Page 20 of 43 for de~inquent Capacity Fees sha~~ be in accordance with Section ~. 08. 080 Pena~ties for De~inquent Payments of this code. The pena~ ties expressed tberein sha~~ be cumul.ati ve wi tb, and in addition to, any and a~~ other remedies that the District may have in ~aw or equity. 1'he District sha~~ be entit~ed to recover its attorneys fees under this chapter, in addition to any fees, penal. ties, interest or otber amounts to which tbe District may be entit~ed. F. Persons Responsible for Payment of Cap.LLal IlLlpLvveHleuL Capacity Fees. The person(s) joint~y and severa~~y responsible for the payment of \..-ap.LLal .LlLlpLVVelLleuL [ee::> Capacity Fees, including such fees as may arise out of an added burden due to change of use, ::>Ilall .Lu\..-luJe are: ~) the parce~ owner v[ LIle ::>uLjeL-L paLL-el (aL Llle L.LHle Llle [ee LeL-VHle::> Jue) at tbe time the added burden occurs, 2) the tenant or business owner (user) in tbe case or a nonresidentiu use, auJ/vL 3) the wastewater utility service permit applicant, and (4) the parce~ owner at the time the District discovers an unpaid or de~inquent capacity fee, if those persons are not one and the same person or entity. ~ paLL-el vwueL, aL LIle LilLle V[ Ji::>L-VVeLY V[ uupaiJ VL Jeliuy'ueuL L-ap.L Lal .LHlpLVVeHleuL [ee::>, ;:;11all Le Le::>pvu::>.LLle [VL paYHleuL v[ LIle [ee i[ LIlt: uew L-vuueL-Livu VL aJJeJ 0uLJeu V\..-L-ULLt:J w.LLIlvuL paYHleuL v[ Llle appLVpL.LaLe [ee::>, Le':laLJle::>::> v[ wlleLlleL LIle L-vuueL-L.Lvu VL aJJeJ 0ULJt:U V\..-\..-ULLt:J JUL.LU':l a L.LULe wIleu LIl.L::> pt::L::>VU vwueJ LIle pOL\..-el. The liability for payment of said fees, in the event the fees are not paid when initia~~y due by the parcel owner or ::>eLV.LL-e appl.LL-auL the agent or assignee thereof, shall be joint and several among the persons mentioned herein, but such joint and several liability for a payment shall not limit any party's rights of contribution or indemnity against other parties. It is the intent of this chapter that the parcel owner at the time the added burden occurs should be ultimately liable as between the persons jointly responsible for payment of the fee as set forth in this chapter, absent the existence of legally 0.LuJ.LU'::J effective contractual provisions between the responsible parties to the contrary. The parce~ owner sha~~ be respoDSib~e for notirying prospecti ve purchasers of the existence of unpaid or de~inquent Capacity Fees, whether disputed or not. Prospective purchasers o:E parce~s are simi~ar~y respoDSib~e :Eor direct~y verirying with tbe District that Capacity Fees have been paid, since existence of unpaid or de~inquent fees may not be apparent from tit~e report information. G. Additional Fee. The revenues provided by o::>::>e::>::>HleuL and collection of the L-op.LLal .LHlpLVVeHleuL [ee::> Capacity Fees pursuant to the provisions of this chapter shall be in addition to all revenue otherwise collected by the District, including, but not Page 11 of 33 Page 21 of 43 limited to, ad valorem taxes, federal and state grants, contract revenue, investment income, annexation charges, sewer service charges, operating and maintenance fees and charges, reimbursements, and charges imposed under Title 10 Source Contro~ (Pretreatment) of this code. H. CUllIulaL.i.ve Rellleu.i.e;:,. 'fIle Lellleu.i.e;:, eA!-'Le;:,;:,eu.i.ll Lll.i.;:, dlapLeL ;:,llall Le l.;ullIulaL.i.ve W..LLll, awl ..Lll aUU..LL..LUll Lu, allY allu all vLlleL LellleU..Le;:, LllaL Llle D..L;:,LL..Ll.;L llLay llave ..Lll law VL eyu..LLy. 'fIle D.i.;:,LL..Ll.;L ;:,llall Le ellL..LLleu Lv Lel.;VVeL ..LL;:, aLLuLlley';:, fee;:, ullueL Lll..L;:' l.;llapLeL, .i.ll auu.i.L.i.vll Lv allY fee;:"~ pellalL..Le;:" ..LllLeLe;:,L VL vLl1eL allLvullL;:, Lv wll..Ll.;ll Llle D..L;:,LL..Ll.;L llLay Le ellL..LLleu. ~1I. Authority to Inspect PLellL..L::;e::; Parce~s. In order to effect the powers of this chapter and pursuant to Section 6523.2 of the Health and Safety Code of the state, the General Manager- Cll..Le[ Ell~..LlleeL and h:t-s' the Genera~ Manager's authorized representatives are given the power and authority to enter upon pL.i.vaLe pLvpeLLy private~y ownedparce~s for the purpose of inspection of sanitary and waste disposal facilities including, but not limited to, ascertaining the nature of such pLellL..L;:,e;:, faci~ities, the type of acti vi ties l.;aL L ..Leu uu LlleLe..Lu taking p~ace, the number of plumbing fixtures therein, whether vio~ations of the District Code provisions exist, and any other facts or information reasonably necessary to ascertain the applicability of any fees or charges to Le a;:,;:,e;:,;:,eu aya..Lll;:,L such pLelll..L;:,e;:, parce~s, or the amount of said fees or charges, including fees for added burden as a result of change of use. This power is subject to any constitutional pLvjel.;L..Lvu;:, protections provided for at law; however, failure of a user or prospective user to allow reasonable access to the District for inspection and as set forth in this chapter shall be good sufficient cause for denying wastewater uti~i~ service and connection to, VL LeLm..LuaL.i.vll v[ LeLm..LllaL..LllY l.;Vllllel.;L..Luu , wa;:,LewaLeL uL..Ll..LLy ;:,eLV..Ll.;e [LVllL the District's sewercrge- system, or for ter.minating existing wastewater uti~ity service and connection to the District's sewer system. '1!bis power and authori~ is in addition and cOlqp~ementary to the rights estab~ished in Section 1.08.020 Right to Enter on Private Property, and such other rights to enter upon private property as may be avai~ab~e to the District under prevai~ing ~aw. J 8eveLaL..Ll..LLy. I[ auy ;:,el.;L..LVll, ;:,uL;:,el.;L..LVll, ;:,ell Lelll.;e , l.;lau;:,e, pllLa;:,e VL PVL L.i.vu V[ Lll.i.;:, l.;llapLeL .i.;:, [VL allY Lea;:'Vll llelu Lv Le ..Lllval..LU VL Ulll.;Vll;:,L..LLuL..LVllal Ly Llle Uel.;..L;:'..LVll u[ allY l.;UUL L u[ l.;vllLpeLellL j UL..L;:,u..Ll.;L..Lvu, ;:'Udl uel.;..L;:'..LUll ;:,l1all llvL a[[el.;L Llle val..Lu..LLy u[ Llle Lellla..Lll..Lll~ !-'vLL..LVll;:' v[ Lll..L;:' dlapLeL. 'fIle D..L::;LL..Ll.;L BvaL U UeL-laL e;:, Llla L ..L L wvulu lla ve auvp LeU Lll..L;:' l.;llap LeL auu eal.;ll ;:,el.;L.i.vu, ::;uL;:,el.;L..LVll, ;:,ell Leul.;e , I.;lau;:,e, pllLa;:,e VL pVLL..LVU LlleLev[, ..LLLe;:,pel.;L..Lve v[ Llle [al.;L LllaL allY vue VL mULe ;:,el.;L..LVll;:', Page 12 of 33 Page 22 of 43 ;:,uL;:,tI.-L.i.vu;:" ;:,tuLtul.-t;:" I.-lau;:,t;:" !-'llLa;:,t;:, VL !-'VL L.i.vu;:, Lt \..h::l.-laLtu .i.uval.i.u VL uUl.-vu;:,L.i.LuL.i.vual. K. E[[el.-l.i.ve Dale v[ Cl1a!-,leL. 'fll.i.;:, dla!-,leL ;:,llall Lel.-VllLe E;:[[el.-L.i.vt vu July 1, 1989, LIlt alLltUUlLltuL;:, t[[tI.-LtU Ly LIlt vLU.i.uaUl.-t I.-vu.i.[.i.eu .i.u LIl.i.;:, I.-lla!-,LtL ;:,llall Lt:: t::[[t::I.-L.i.vt:: vu F'eLLuaLY 16, 1994, (:::;.i.ALy uay;:, [vllvw.i.llI::J t::ual.-LlLleul v[ ;:,a.i.u vLu.i.uaUl.-e). Iu auv!-,L.i.ul::J [t::t::;:, !-'uL;:,uauL Lv LIl.i.;:, I.-lla!-'Lt::L, LIlt:: BvaLU lLlay [.i.A a ;:'I.-llt::uult:: v[ [t::t::;:, w.i.LIl ;:,Lt::!-'!-'tU .i.UI.-Lt::a;:,t::;:, VVt::L L.i.llLt::. 6.12.040 Residential \ dp~l al ~lll~,r:UV~lll~llL f~~"" Capacity Fees. A. Policy. Any new residential user connection shall pay be subject to pa,yment of capiLal .i.Illf).LOVt::llLt::Ut [t::t:;:, Capacity Fees in an amount which will fund its proportionate share of the cost of District services and needed upgrades, rep~acements, renovations and iDprovements of existing District wastewater and househo~d hazardous waste co~~ection, treatment, recyc~ing, reuse and disposa~ raci~i ties to maintain their capacity, and to add to and/or expand these raci~i ties in the :future when needed, a~~ or which services and faci~ities wi~~ u~timate~y be shared by current and future users. LIlt:: t::A!-,au;:,.i.vu v[ LIlt:: I.-vllt::I.-L.i.vu ;:,y;:,LtllL, LLt::aLlLleuL !-,lauL, vuL[all, auU ;:,vl.i.u;:, llauul.i.ul::J [al.-.i.l.i.L.i.t::;:, auU u.i.;:,!-'v;:,al/ Lt::I.-Yl.-l.i.lll::J [al.-.i.l.i.L.i.t;:, Lt::laLt::u Lv LIlt:: !-,LVV.i.;:,.i.vu v[ I.-a!-,al.-.i. Ly [VL LIle Lt::;:,.i.ut::uL.i.al uu.i. L v[ LIlt:: ut::w U;:,t::L llVW allU .i.u LIlt:: [ULULt::, a !-,vLL.i.vu v[ Lt::YU.i.Lt::U u!-'I::JLaUt::, Lt::!-,lal.-t::llLt::uL auU .i.llL!-'LVVt::llLt::uL Lv lLla.i.uLa.i.u LIlt:: l.-a!-,al.-.i.Ly v[ t::A.i.;:,L.i.ul::J [al.-.i.l.i.L.i.t::;:, wll.i.l.-ll w.i.ll ulL.i.lLlaLely Le ;:,llaLeu Ly I.-ULLt::uL auU [ULULt:: U;:,t::L;:', auu a !-'vLL.i.vu v[ [al.-.i.l.i.L.i.t::;:, alLt::auy I.-VU;:,LLUI.-Lt::u Lv !-,LVV.i.Ut:: l.-a!-,al.-.i.Ly [VL ut::w u;:,eL;:'. These facility costs shall be estimated pursuant to the policies and findings set forth within this chapter. B. Establishment of Zones. The District Board of Directors, with regard to providing auu.i.L.i.vual capacity for new users, ;:,llall has estab~ished and may, in the future, establish zones within the District as a whole in order to more equitably establish fees for locations within the District having significantly differing costs ror wastewater uti~ity services and faci~ities. By establishment of these zones, all !-,Lv!-,eLLy parce~s for which the estimated cost of providing ;:,twt::Lal::Je wastewater uti~ity services and facilities auu Lt::laLt::u l.-a!-,.i.Lal .i.lLl!-,LVVt::llLt::llL;:, is similar shall be included within the same zone. Zone 1 shall include all U;:,t::L;:' parce~s served completely by the gravity collection system, whereas Zone 2 shall include all U;:,t::L;:' parce~s that require District-operated sewage pumping facilities to Lt::adl convey their wastewater to the gravity collection system. The fees established for Zone 1 and Zone 2 shall differ in proportion to the difference in costs attributable to providing [al.-.i.l.i.L.i.t;:, capacity for new users within each zone. The Page 13 of 33 Page 23 of 43 Board of Directors may estab~ish additiona~ zones, by ordinance, as circumstances may rrom time to time warrant. C. Basis for Capacity Fees. Capacity Fees for a residential units shall be set rrom time to time as provided in this chapter based on the District's determination of the .,Ulll uI LIlt: \...u.,L [UL J:-'LUV.LU.LU':j [ULULt: l..;aJ:-'.LLal .LHlJ:-'LUVt:Hlt:uL., ut:t:ut:u Lu t:hJ:-'aw.l .,t:wt:La':jt: l..;aJ:-'al..;';"Ly IUL J:-'Lujt:I..;Lt:u IuLuu::: U.,t:L., U';"v';"Ut:U Ly Lllt: J:-'Lujt:\...Lt:u UUHdJt:L u[ [ULULt::: Lt:::.,';"ut:::uL.Lal uU.LL t:::l..fu.Lvalt:::uL., Lu Lt::: I..; uuut::: I..; Lt:::u, auU Lllt::: then-current value of a~~ District l..;aJ:-'';''Lal assets divided by the LuLal J:-'Lujt:::I..;Lt:::u then-current number of residential unit equivalents receiving District wastewater uti~ity service., ';"ul..;luu';"u':j LuLll L;ULLt:::uL auu IuLuLt::: U.,t:::L;:;. The [t:::t::: [UL a residential unit rees estab~ishedpursuant to the provisions of this chapter shall Lt::: La.,t:::u uJ:-'uu be representative of both the volume of flow and strength characteristics for an average residential unit as determined by wastewater industry standards and specific studies undertaken by the District and other sewering entities. Fees for multiple residential units shall be determined by multiplying the number of individual residential units by the standard residential unit fees for the zone within which the units are located. D. Additional Residential Units. Each residential unit shall be subject to each of the residential unit fees for the zone within which the residential unit is located as set forth in this chapter. In the event a separate additional residential unit is constructed on a parcel, whether or not in compliance with applicable government regulations, additional l..;aJ:-'';''Lal ';"HlJ:-'LUVt:::lllt:::uL Tees C~acity Fees for that residential unit shall become due. The creation of a dwelling space that accommodates an additional separate living area within a parcel, whether or not said additional separate living area is constructed within the original building or is a detached building, shall subject the parcel to assessment of applicable additional residential unit fees. An additional separate living area shall be defined as an area designed for the purpose of separate habitation wll';"dl that 1) wi~~ be, or can be, physica~~y separated by a wa~~ or door rrom other residentia~ units on the parce~, and 2) contains both a bathroom and kitchen, as well as a multipurpose or bedroom area, and an exterior entrance. The time for payment of L;aJ:-'';''Lal .LHlJ:-'LUVt:::Hlt:uL [t:::t:::., Capacity Fees for the added burden arising rrom the construction of a separate additional residential unit shall be as set forth in Section 6.12.030 D. Time for Payment and Pena~ties for De~inquent Payment or this chapter. aL LILt::: L';"Hlt::: LILt::: D';".,LL';"L;L Lt:::V';"t:::W., Lu';"lu';"u'::j pIau., IUL Lllt::: .,t:::paLaLt::: auu';"L';"uual Lt:::.,';"ut:::uL';"al ull';"L II a .,t:::J:-'aLaLt::: auu';"L';"ullal Lt:::.,';"ut:::llL';"al ull';"L ';"., auut:::u w.LLIluuL .tJaYHlt:::llL uI l..;a.tJ';"Lal ';"Hl.tJLUVt:::Hlt:::llL It:::t:::., wllt:::ll uut::: a., .,t:::L Page 14 of 33 Page 24 of 43 [VL Lll .Lll Lll.L;:' ;:'\::I.;L.LVll, tJaYlLl\::llL ;:,11all L\:: uu\:: [LVlLl Lll\:: L.LlLl\:: V[ Lll\:: oc.lc.l.LL.LVll V.L [.LVlLl LI,\:: L.LUlO::: v[ LIlO::: D.L""L.L.LL-L'"" c.l.L""L-vvo:::.LY v[ LIlO::: auJ.L L.Lvllal Ull.L L. .Lll Ll1\:: J.L;:'I.;L\:: L.LVll vI Lll\:: D.L;:; LL.LI.; L., a L Lll\:: c.l.L""L-.Lo:::L.LVll V[ LIlO::: GO:::llO:::Lol MOllayo:::.L CIl.LO:::[ EllY.LllO:::O:::.L. 6 _ 12.050 Nonresidential I.;Ov.L Lal ~llIp.LVVO:::lll~11 t [0:::0:::"" Capaci~ Fees, A. Policy. CatJ.LLal ilup.!..vveluellt [0:::0:::5 Capacity Fees shall be charged for each new connection of a nonresidential building or faci~ity, for each new teDaDt space within a she~~ bui~ding for which Capacity Fees have not been previous~y paid, and for each change of use from residential to nonresidential or from one nonresidential user group to another which creates an added burden. It is the policy of Lll.L;:' dla.f:JL\::L the District that nonresidential users pay their proportionate share of the costs of District services aDd needed upgrades, rep~acements, renovations aDd iDprov8DlSnts of existing District wastewater aDd hOUBeho~d hazardous waste co~~ection, treatment, recyc~iDg, reuse and disposal. faci~i ties to maintain their capaci ty, and to add to aDd/or expand these faci~ities in the future when needed, a~~ of which services aDd faci~ities wi~~ ~timate~y be shared by current and future users. L-v;:,L;:, V[ [ULULO::: l.;atJ.LLol O:::AtJall;:'.LVll;:' V[ LIlO::: D.L;:' L.!...LI.;L ';:, [al.;.Ll.L L.LO:::;:' VI.;L-a;:'.LVllO:::U Ly I.;V1Ul\::I.;L.LVll V[ uo:::w U'::>\::L;:; llVW allU .Lll LllO::: [uLuLO:::, a tJvLL.LVll V[ LO:::y'U.LL\::U utJYLau\::, L\::tJlaL-O:::lLlO:::llL allU .LlLltJLVVO:::lLlO:::llL Lv lLla.LllLa.Lll LIlO::: l.;atJal.;.LLy v[ O:::A.L;:,L.LllY [al.;.Ll.LL.LO:::;:', w11.LL-11 w.Lll ulL.LlLlaLo:::ly Lo::: ;:,11aLO:::u Ly I.;U.!..LO:::llL allu [uLu.!..\:: U;:,\::.!..;:" allu a tJvLL.LVll v[ [al.;.Ll.LL.L\::;:' alL\::auy I.;VU;:,LLUI.;L\::u Lv tJLVV.LUO::: L-atJal.;.LLy [VL 1l0:::W U;:'\::L;:'. CatJ.LLal .LllltJLVV\::lLlO:::llL [\::\::;:, Capacity Fees for nonresidential users shall be determined based on the relationship of the nonresidential user's flow and strength demands to that of an average residential unit, The differentiation in fees between zones as set forth in Section 6.12.040B, shall also apply to nonresidential users. B. Use of Residential Unit Equivalence Factors. There shall be established a system of residential unit equivalence factors (hereafter in this chapter referred to as "RUE factors") for each identifiable nonresidential user group within the District. The RUE factor shall be determined by considering wastewater flow and wastewater strength parameters for each user group in relation to the demand of an average residential unit. The wastewater flow and wastewater strength parameters shall be determined based on flow and strength data available within the wastewater treatment industry, as well as data obtained from studies of the characteristics of the wastewater flow within the District. The factors considered in developing the RUE shall include the wastewater flow and wastewater strength comparison between residential and nonresidential use. An allocation of costs between flow and strength parameters based on their Page 15 of 33 Page 25 of 43 respective contribution to the added burden will be employed. C. User Groups. The District shall determine which categories of nonresidential users may be properly categorized into user groups having similar flow and strength characteristics. A RUE factor will be developed for each user group based on the flow and strength characteristics of that user group. A further determination shall be made with regard to each user group as to the unit of measure that most accurately demonstrates a positive correlation between the actual flow from a particular user and a tangible criteria of measurement. The unit of measure may vary between user groups. D. Calculation of the Ca~.i.Lal IHl~.Lvvt::Hlt::l1L Capacity Fees for Nonresidential Uses. 1. The ca~.i.Lal .i.lll~.LVVt::Hlt::l1L [t::t::::; Capacity Fees for any parcel within the District's boundaries imposing an added burden to on the sewerage system shall be based on anticipated use and shall equal the product of the estimated number of residential unit equivalents (RUE) that will result from the added burden, as determined in paragraph (2) of this subsection, and the cap.i.Lal .i.Hl~.LVVt::Hlt::l1L capacity fee rates determined pursuant to 3t::cL.i.Vl1 6.12.020 vI the provisions of this chapter. 2. Calculation of the Number of Residential Unit Equivalents Being Connected. The anticipated use of the sewerage system shall be calculated in terms of RUE. The number of RUE shall be determined by the following formula: RUE = ( FLOe] [A +B ( BODe] +C ( TSSe]] x Actual Number of Units of Measun FLORU BODRU TSSRU where: A = The proportion of the total capital costs required to construct an increment of the sewerage system of the existing configuration for conveyance, treatment and disposal of wastewater which is attributable to flow, B = The proportion of the total capital costs required to construct an increment of the sewerage system of the existing configuration for conveyance, treatment and disposal of wastewater which is attributable to biochemical oxygen demand (BOD), C = The proportion of the total capital costs required to construct an increment of the sewerage system of the existing configuration for conveyance, treatment, and Page 16 of 33 Page 26 of 43 disposal of wastewater which is attributable to total suspended solids (TSS), FLORu Average flow of wastewater from a residential unit in gallons per day, BO DRu Average concentration of biochemical oxygen demand in the wastewater from a residential unit in milligrams per liter, TSSRU Average concentration of total suspended solids in the wastewater from a residential unit in milligrams per liter, FLOe Average flow of wastewater which is estimated to enter the sewerage system via each specified unit of measure in gallons per day, BODe Average concentration of biochemical oxygen demand which is estimated to enter the sewerage system via the proposed nonresidential use in milligrams per liter, TSSe Average concentration of total suspended solids which is estimated to enter the sewerage system via the proposed nonresidential use in milligrams per liter, and where: FLO~, BOD~, TSS~, A, Band C shall be determined from time to time by the General Manager Cl!.Le[ EH~.LHee.L in accordance with accepted engineering standards. 3. The number of RUE attributable to a parcel from which wastewater is discharged shall be calculated using average concentrations of biochemical oxygen demand and total suspended solids for each connecting parcel's user group which shall be determined from time to time by the General Manager Cl!.Le[ EH~.LHee.L in accordance with accepted engineering standards. The average concentrations of biochemical oxygen demand and total suspended solids .LH HL.Lll.L~.Lam;:, LJe.L l.LLe.L shall be based upon the best data available, including updated sampling information and data from other jurisdictions and publications. 4. For the purpose of determining whether the number of RUE attributable to a nonresidential parcel has increased, the existing number of RUE shall be based upon the units of measure of for the parcel eh.L;:' L.Lu~ .LHULLel-l.La Lely LJ.L .LU.L Lu L;UU;:' L.L UL; L.LUU u[ Ll!e .LmLJ.LuvemeuL U.L uLl!e.L UL;L;U.L.LeUL;e Ll!aL l..J.Luu~l!L auuuL Ll!e Page 17 of 33 Page 27 of 43 .LllC;Lt:O.::>t:U u.::>t: for which the District has a record of capacity fee (or other predscessor connection fee) payment. 5. For the purpose of determining the number of RUE attributable to a non-residsntia~ user, Lv W11.Ldl 0 wo.::>Lt:woLt:L u.L.::>c;110LI:::lt: }.Jt:LHl.L L 110'::> Lt:t:ll .L.::>.::>ut:U [LVHl w11.Lc;11 llVllLt::'::>.LUt:llL.Lol wo.::>Lt:woLt:L .L'::> U.L.::>d!aLI:::lt:U, the flow, BOD and total suspended solids concentrations shall be based on the following, including the any estimated sanitary wastewater contribution: a. For new users, information c;vllLo.Lut::u .LU required ~ the application or in the permit for industrial wastewater discharge as ut:[.Lut:u set forth in Tit~e 10 Source Contro~ (Pretreatment) of the District Cods LIlt: .::>VULC;t: c;vuLLvl VLU.LllOUC;t:, or other such credible information as may be deve~oped at the discretion or the Genera~ Manager in accordance with accepted engineering standards; or b. For existing dischargers, information c;vuLo.Lut:u referenced in Tit~e 10 Source Contro~ (Pretreatment) or the District Cods LIlt: .::>VULC;t: c;vuLLvl VLU.LUOUC;t: or in the application or .LU LIlt: permit for industrial wastewater discharge, or other such credible information as may be deve~oped at the discretion of the Genera~ Manager in accordance with accepted engineering standards, including District~ monitoring data. E. Capaci ty Fees ror She~~ Bui~dings. Capaci ty Fees for she~~ bui~dings, that is, bui~dings with finished exteriors and unrinished interiors, sha~~ be ca~~ated by app~ication of the appropriate user group unit or measure and RUE ractors inc~udsd in Section 6.12.090 Sabedrlle or Capacity Fees, Rates and Charges to the entire bui~ding. For exaq:>~e, rees ror business orrice she~~ bui~dings sha~~ be based on the Business Offices user group (Use Cods OB) unit of measure and RUE factors, fees for retai~ she~~ bui~dings s1ull~ be based on the Retai~ Sa~es user group (Use Code BR) u.ni t or measure and RUE ractors, and warehouse she~~ bui~dings sha~~ be based on the Warehouses user group (Use Cods IW) u.ni t of measure and RUE ractors. EF. Special Studies. The fee structure adopted by the Board of Directors .::>11011 provides procedures for determining the c;o}.J.LLol .LHl}.JLVVt:Hlt:llL [t:t:;:> Capacity Fees for certain nonresidential user groups by use of a special study. The user groups for which special studies are required to set the c;o}.J.LLol .LHl}.JLVVt:Hlt:llL [t:t:.::> Capacity Fees for particular users within the group .::>11011 include those user groups where there is widely varying data as to wastewater flow and strength between users in that group and for which no RUE factors have been established by ordinance. The user groups that require specia~ studies are so designated in Section 6. 12. 090 Schedrlle or Capaci ty Fees, Rates and Charges. Page 18 of 33 Page 28 of 43 If an individual user within a user group believes that the applicable L-al-'.i.Lal .i.Hll-'LVVCHlCllL fcc., Capacity Fees as .,cL Ly de'tezmined by use of an established uni'ts of measure and RUE factors is unreasonably high based on the "l-'c~.i.f.i.~ user's anticipated site ~ecific wastewater flow and strength, that user may request that a special study be conducted by District staff to determine the appropriate capaci~ fee. Such study shall be undertaken upon payment by the user of the cost for such study. All special studies, whether v~~a.,.i.vllcLl Ly UIC ~vuuc~L.LVU v[ a U.,CL [LVHl a U.,CL '.::lLVUl-' [VL wll.L~ll a RUE [a~LvL 110.., llvL Lccu c.,LaLl.i..,!lcLl Ly vLLl.i.uau~c VL Lcyuc.,LcLl Ly a U.,CL w.i.Ul.LU a '.::lLVUl-' [VL wll.Ldl a RUE [aL-LVL 110.., LCCll c.,LaLl.L.,lH::Ll, required by this chapter or pursuant to a user request, shall be based upon an engineering application of the principles set forth in this chapter auLl .,uL"CYUCllL [cc vLLl.LllaU~C., to the particular wastewater flow and strength factors of the user .,ccl<...LU'.::l subjec't 'to the special study. Ir tbe specia~ study is co.rrp~eted prior 'to tbe time paymen't or Capaci~ Fees is due, tbe amoun't or tbe paymen't sha~~ be based on tbe resu~'ts or 'the ~ecia~ s'tudy. However, ir 'the ~ecia~ s'tudy is reques'ted rewer 'than 'thir'ty (30) ca~endar days prior 'to tbe time payment or Capaci ~ Fees is due, and tbe speciu st:udy canno't be co.rrp~e'ted prior 'to tbe 'time said paymen't is due, the user sha~~ pay Capaci'ty Fees de'termined by app~ica'tion of 'the uni'ts of measure and RUE fac'tors inc~uded in Section 6.12.090 Sch~e or Capaci~ Fees, Ra'tes and Charges. Ir tbe subsequent~y co.rrp~e'ted speciu st:udy res~'ts in a capaci~ ree 'tha't exceeds tbe ini'tia~ ree ac'tua~~y paid by more tban 'ten (10) percent, 'the user sha~~ be re~onsib~e ror the dirrerence, and wi~~ be bi~~ed 'thereror. Ir 'the specia~ s'tudy res~'ts in a capaci~ ree 'that is more tban 'ten (10) percen't ~ess tban tbe ini'tia~ ree ac'tua~~y paid, 'the Dis'tric't wi~~ rerund 'the difference 'to tbe parce~ owner. F. Reevaluation of Fee. In the event that a user's connection is permitted after a special study has been conducted which may, in the judgment of the General Manager Cl1.i.cf EU'.::l.i.UCCL, result in discharge of wastewater with unusual characteristics or where the flow and strength characteristics of that user's wastewater may be difficult to estimate prospectively, such user's ~al-'.LLal .Lllll-'LVVCHlCllL capaci'ty fee determination may be subject to a reevaluation study after vuc, Ul.Lce auLl a period or rrom one 'to five years of ~vuue~L.Lvu auLl observation. Separate metering of the water supplied to such user's facility, either by use of the water utility's meter or by private meter, may be required by the District to facilitate the reevaluation study. If the reevaluation study demonstrates that the ~al-'.LLal .LHll-'LVVellleuL [ee., Capaci~ Fees previous~y imposed do not reflect Page 19 of 33 Page 29 of 43 the actual flow and strength characteristics of the user's discharge, then an additional fee may be imposed or ~LeJ~L rexund issued thereafter based on the actual flow and strength characteristics as determined by the reevaluation study. ftle user sba~~ be responsib~e ror pa,yment or any additiona2 xee within thirty (30) days ox receipt ox a District invoice therefor if the reeva~uated fee is more than ten (10) percent greater than the actua2 capacity xee origina22y paid. G. Capacity Use Charge Program. The Board of Directors finds that the CCl~~LCll Im~LvvellLeuL Fee 3y;:,Lem Capacity Fee Program may impose ClU uuuece;:';:'ClLY a constraint on business formation ~thin the District or for certain nonresidential user groups. To mitigate this potential constraint, a Capacity Use Charge Program was estab2ished to allow for time payment of [ac..il~ L~e,:, '--Cl~ac..i Ly [ee", ~'" e,:, LaLl~,:,ll""J Capacity Fees. Only the [aGiliL~e,:, Gravity cCapacity fFee elemt:::uL, as set forth more fully in Section 6.12.090 Schedu2e of C~acity Fees, Rates and Charges or this chapter, v[ LIlt::: CCl~~LCll Im~Lvvt:::mt:::uL Ft:::t:::;:, 3y;:,Lt:::m is eligible for the Capacity Use Charge Program. The vLI,t:::L t:::lt:::mt:::uL v[ LIlt::: ;:,y;:,Lt:::m, UClllLt:::ly LIrt::: Pum~t:::J Zvut::: P1.2DI'ing Capacity Fee, is not included in the Capacity Use Charge Program. To implement the program the Board of Directors ;:,llClll adopted, as part of the Schedule of Capacity Fees, Rates and Charges in Section 6.12.090, a FCl~~l~L~t:::;:, Capacity Fee RUE factor for a Ddnimum "Initial Payment" thresho2d. The Capacity Use Charge Program ;:,llClll includes all user groups whose Facilities Capacity Fee RUE factor exceeds the Ddnimum "Initia2 pa,yment" factor. ClJVtJ LeJ [VL LIlt::: ~u~ L~Cll tJClymt:::u L. Participation in the Capacity Use Charge Program shall be at the option of the user, with the concurrence of the parcel owner. ~[ J~[[t:::Lt:::uL LI'ClL LIlt::: U.::>t:::L, [VL LIlt::: tJClL~el Lv wll~~l, LIlt::: CCltJCl~~Ly U.::>t::: CI1ClLI:lt::: PLVI:lLClllL CltJ~l~t:::.::>. For those users within user groups included in the Capacity Use Charge Program which elect not to participate in the program, ~CltJ~LCll ~llLtJLVVt:::llLt:::uL [t:::t:::.::> Capacity Fees shall be assessed as otherwise provided for in this chapter. For those users within users groups included in the Capacity Use Charge Program which elect to participate in the ~rogram, [Cl~~l~L~t:::.::> I...CltJCl~~Ly [t:::t:::.::> , CluJ Capacity Fees initial payment, and current year capacity use charge.::> LCl;:,t:::J utJvu LIrt::: FCl~~l~L~t:::.::> CCltJCl~~ Ly Pet::: RUE [Cl~LvL [VL LIlt::: Iu~ L~Cll PClYllLt:::uL based on the number or months remaining in the current risca~ year shall be assessed at the time the District reviews pertinent building plans. Such fees and charges are payable at the time of the District's issuance of a permit to connect to the public sewer for a new connection, and or at the time the District reviews building plans for a change of use. Subsequently, for a fifteen- year period, each user participating in the program shall be Page 20 of 33 Page 30 of 43 assessed and shall pay an annual capacity use charge, in accordance with this section. The appLLLOaL.i.vll payment of PUllLpt:U ~ ~ing Capacity Fees for users within Zone 2 a~ pLVV~Ut:U IVL .i.ll LIl.i..::> dlapLt:L, shall not be affected by a user's paLL.i.L;.i.paL~vll e~ection to participate in the Capacity Use Charge Program. The annual capacity use charge shall be billed and collected for each user participating in the program in the same manner as that user's annual sewer service charge is billed and collected, either by placement on the tax roll or by direct billing, for a period of fifteen (15) years. alvlllj w.i. LIl Lilt: .::>t:Wt:L .::>t:L v ~\..,;t: \..,;llaL Ijt: . The annual capacity use charge for each user participating in the program shall be ua.::>t:u Vll u.::>t: vI LIlt: D~.::>LL~\..,;L. ~ .::>t:wt:Laljt: IaL;.i.I.i. L.i.t:.::> allU .::>llall Ut: L;al\"';ula Lt:u a.::> the product of the f~ow (i.e. the user's annua~ billable consumption UeLt:LlLl.i.lleu IVL LIlaL u;::,t:.L Iv.L LIle a;::,;::,t:;::';::'llLt:llL vI Lilt: allllual used for ca~~ation of t.he sewer service charge), and an annua~ capacity use charge rate set forth in Section 6. 12. 090 Sc.hedflle of Capaci ty Fees, Rates and C.harges of t.his c.hapter. auvpLt:u Ly LIlt: BvaLU vI D~Lt:L;LvL'::>, fLVlLl L.i.llLt: Lv L.i.lLlt:, a.::> paL L vI Lilt: 8LOllt:uult: vI Ft:t:.::> allu CbaLIjt:.::> .i.ll 3t:L;L.i.Oll G.12.090. Bi~~ab~e cons~tion s.ha~~ be based on t.he user's metered water f~ow, or on a District estimate w.here the user s.hares a water meter with another business or businesses. The Capacity Use Charge rate for each user group included in the program shall be determined by the following formula: Capacity Use Charge Rate = (RUE - RUE. ) ug Ip x RUF x ACF (HCFUg) where: RUEequg The Fa\..,;.i.I.i.L.i.t:.::> Gravity Capacity Fee Residential Unit Equivalence factor for the user group (ug). RUEbeiP The FaLO.i.l.i.L.i.t:.::> Gravity Capacity "Initia~ Payment (ip) " Fee Residential Unit Equivalence factor fVL LIlt: Ill~L~al PaYlLlt:llL (~p) U.::>t:L IjLVUP, HCF ug'Cl] The average annual billable consumption for a unit of measure for the user group, in hundred of cubic feet (HCF). RUF = The Fa\..,;~l~L~e.::> Gravi~ Capacity Fee for a Residential Unit Equivalent, in dollars. ACF Annual Charge Factor based on a fifteen-year Page 21 of 33 Page 31 of43 term and the rate of interest adopted by the Board of Directors as part of Seccion 6.12.090 the Schedule of CC1!J..LLC1l Illl!JLuvellleuL Capacicy Fees, Rates and Charges ..LU 3eL:L..Luu 6.12.090, decer.mined by Cbe fo~~owing fO:rzrnUa: ACF = i(1 + i)15 . , where I (1 + i)15 - 1 the interest rate adopted by the Board. The currenc year Capacicy Use Charge, co be assessed ac Cbe cime che Discricc reviews percinenc bui~ding p~ans, for each user group inc~uded in che program sha~~ be decer.mined based on Cbe fo~~owing :formu1.a: Current Year Capacity Use Charge (RUEUg - RUEjp) x RUF x ACF x 12 (Number of Units (Number of Months of of Measure) x Fiscal Year Remaining - 2) where: RUEug, RUEiP' RUF, and ACF are as defined above. In the event an added burden is discovered for which L:C1!J..LLC1l ..Llll!JLuvellleuL [eeo:> Capacity Fees have not been paid, and the user category is one which is otherwise eligible for the Capacity Use Charge Program, the General Manager Cll..Le[ EW::I..LUeeL may, at his/her discretion, allow the user to participate in the Program for paymenc o:f :fees res~cing :from che added burden. In the event that a change of user group occurs for a user participating in the Capacity Use Charge Program to a user group not included in the Capacity Use Charge Program, and where such change of user group continues through the next fiscal year or longer, or where there is a cessation of use which continues through the next fiscal year or longer, participation in the program shall be suspended. Where a subsequent change of user group occurs to a user group included in the Capacity Use Charge Program, or where use resumes by in a user group included wIthin the program, the subsequent user may participate in the program and the required term for payment of Capacity Use Charges shall be eALew.leLl Ly Ll1e uUlLcLeL u[ yeC1L;:i [UL Wl1..Ldl !JC1L L..LL:..L!JC1L..LUU ..LU Ule !JLU':JLC1111 WC1O:> o:>uO:>!JeuLleLl fifceen (15) years ~ess Cbe years of prior parcicipacion by users occupying Cbe same cenanc space on Cbe parce~. H. Capacity Use Charge for Facilities Use under a Special Discharge Permit. The Board of Directors finds that it is Page 22 of 33 Page 32 of 43 reasonable and necessary that L,;ul..l..o:::uL awl IuLul..O::: U::>O:::l..::> uI Lbo::: D.L::>Ll...LL.L.::> ::>o:::wO:::l..a':jO::: [aL..Ll.LL.LO:::::>, .LUL.luJ.Lu':j those temporary customers served under a Special Discharge Permit, contribute to the funding of the" District.::> Cap.LLal Illlpl..vvO:::llLo:::uL Pl..v':jl..am services and faci~i ties provided for in this chapter. Each user served under a Special Discharge Permit shall be assessed a capacity use charge. The capacity use charge shall be based on use of the dDistrict's ::>o:::wO:::l..a':jO::: facilities and shall be determined by the following formula: Capacity Use Charge = RUE~ X RUF X DCF X days where: RUEsd The number of Residential Unit Equivalents of the discharge as determined pursuant to the formula in paragraph 6.12.050.0. Ca~culation of Capacity Fees for Nonresidentia~ Uses, vI Lll.i.::> L,;bapLo:::l... RUF The Capacity Fee for a Residential Unit Equiva~ent ree in the app~icab~e zone, in dollars, inc~uded in Section 6.12.090 Schedu2e of Capaci ty Fees, Rates and Charges. DCF The Daily Charge Factor based on the rate of interest adopted by the Board of Directors as pal.. L vI LllO::: inc~uded in Section 6. 12. 090 Schedule of Cap.i.Lal Impl..VvO:::lllo:::uL Capacity Fees Rates, Fo:::o:::::>, and Charges .i.u 80:::L,;L.LVU 6.12.090 vI Lb.i.::> dlapLo:::l.., determined by the fo~~owing for.mul.a: DCF = ~, where i = the annual interest rate adopted by the Board. 365 days The total number of days during which wastewater was discharged. The capacity use charge shall be billed and collected either monthly or quarterly as prescribed in the user's Special Discharge Permit. 6.12.060 Change of use. A. Added Burden. Any change of use for a parcel which results in an added burden on the District's facilities will subject that parcel to additional L,;ap.i.Lal .i.mpl.vvo:::mo:::uL [0:::0:::::> Capacity Fees for the added burden. Any person who causes an Page 23 of 33 Page 33 of 43 added burden to be imposed shall pay l..,;a~.i.Lal .i.lll~LvvellleuL fee;:, Capacity Fees in accordance with this chapter. With respect to discharges which constitute an increase in the existing strength and/or quantity of wastewater attributable to a particular parcel or operation which is already connected to the District's sewerage system, such additional l..,;a~.i.Lal .i.lll~LvvelllellL fee;:, Capacity Fees shall be determined based on the added burden placed on the sewerage system as measured by the applicable unit of measure and ROE factors. When change in use requires that the parcel be reclassified to a different user group, the applicable fees shall be calculated using the RUE factors for the new user group. If the fee ca~~ated using the ROE factors for the new user group exceeds the previous Capaci ty Fees (or other predecessor connection fees) paid for the previous use by an amount ~ess than ten (10) percent of the previous fee, no addi tiona~ fee sha~~ be due. B. It shall be the duty of the owner of the parcel as well as any other person made responsible under this chapter for payment of fees, to notify the District of any added burden imposed upon the owner's parcel or within the operations thereon prior to the change of use or immediately upon learning of the change of use, whichever comes first. If an added burden has occurred without payment of l..,;ap.i.Lal .Llll~LVVelllellL fee;:, Capacity Fees when due as set forth in Section 6.l2.030.ED. Time for Payment and Pena~ties for De~inquent Payment, payment of the fees shall be due from the time of imposition of the added burden or from the time of the District's discovery of the added burden, at the discretion of the General Manager Cb.Lef Ell':j.LlleeL. 6.12.070 Capacity Fee Credits. No Capacity Fee credits for demo~ition and reconstruction or other change in use wi~~ be allowed except as specifically provided herein. A. Capaci ty Fees not transferab~e. Capaci ty Fees are not a commodi ty and may not be sold, traded, transferred, or otherwise a~ienated. Capacity Fees may not be transferred as between parcels, except in the case of reparcelization or consolidation of parce~s for the purpose of deve~opment thereon. ~B. Demolition/Change in Use Credits. A credit may be allowed where new construction replaces a demolished building, if the' Jelllvl.i.;:,lleJ Lu.i.lJ.LllY llaJ Leell leyally I..,;VlUlel..,;LeJ fees were paid and required District inspections performed on the demo~ished bui~ding. Lv LIle ;:,eweLaye ;:,y;:,Lelll, VL wlleLe a I..,;llallye vf u;:,e vf a Lu.i.lJ.i.llY wll.i.l..,;ll Ira;:, Leell L;V1UleI..,;LeJ Lv LIle ;:,ewaye ;:,y;:,Lelll Lak.e;:, ~lal..,;e. The credit for a demolished building shall be equal to the l..,;a~.i.Lal .i.lll~LvvelllellL fee;:, Capacity Fees that would !rave 0eell be paid if the demolished building were to be connected under the terms of this chapter, based on the l..,;uLLellL l..,;a~.i.Lal .i.lll~LvvellleuL Page 24 of 33 Page 34 of 43 -re-e- Capacity Fees, rates and charges in effect at the time the credit is requested. 'fiTe' A credit for a change of use of a parcel Wll.Ldl llC1~ l-'Lev..Lvu:::>ly Leeu le~ally L-VIUleL-Le0 may be a~~owed where fees were paid and required District inspections performed Lv LIlt:: ~eweLC1~e ~y~Lelll if the new use iDposes a greater burden on the District's services and faci~ities. The determination of a credit shall be based upon the RUE factors and the units of measure existing immediately prior to the construction of the improvement or occurrence that brought about the change of use uwlt::L LILt:: LeLlll~ vf Ul..L:::> L-llal-'LeL au0 La:::>e0 vu Ule L-ULLt::uL L-al-'..LLal ..Lllll-'LVVellLeuL fee LC1Lt::;::; when caqpared to the same factors after the change in use. The credit provided above shall be based on the highest use (the greatest burden on the District) for which a L-C1l-'..LLC1l ..LllLl-'LVVt::llLt::uL fee:::> Capacity Fees (or other predecessor connection fees) has-have been paid, at the fee {aLe~ Capacity Fees in effect at the time the credit is requested. It shall be the responsibility of the applicant for requesting a credit to demonstrate to the reasonable satisfaction of the General Manager Cll.Lt::f EU~..LUt::t::L the user group and the unit of measure which was applied to a demolished building or the building for which there was a former use; further, the applicant shall demonstrate that such building was legally connected to the sewer system and that fees for said connection were paid to the District. In the case that a demolition credit is claimed, the applicant shall demonstrate that the building's side sewer has been properly abandoned C1wl Ult:: al-'l-'l..LL-C1Llt:: C1LC1wlv1ULLt::ll L ft::t::~ 11C1 vt:: Leeu l-'a..LJ. The credits provided for above shall be C1l-'l-'l..LL-C1Llt:: vllly Lv Ll1t:: :::>l-'eL-.Lf.LL- l-'C1LL-el Ul-'Vll Wll.Ldl Jt::llLvl.i..L.i..vu VL avai~ab~e for change of use (inc~uding demo~ition and reconstruction) on the same parce~ and are not transferab~e. lla:::> VL-L-ULLeJ C1uJ Credits shall be allocable to the owner of such parcel at the time of change of use. B. Watershed Fee Credit. In the event that a parcel owner has paid 'watershed fees" under a prior ordinance for a particular parcel (or a parcel owner has completed sewer improvements agreed to by the District in lieu of payment of watershed fees), the parcel owner w.i..ll Le ~.i..vt::u may receive a credit against Ule LvLC1l uew alllvuuL vf L-C1l-'.i..LC1l .i..llLl-'LVvellleuL fee:::> unpaid Capacity Fees which become due on the parce~ for the previously paid watershed fees. The credit shall be in the amount of the watershed fee paid on the parcel or the amount of the watershed fee for said parcel in effect immediately prior to July 1, 1989, whichever is greater. C. li~ocation of Capacity Fee Credits. Previous~y paid Capacity Fees run with the parce~. Past fee payments which are in excess of current fees due (credits) be~ong to the parce~ Page 25 of 33 Page 35 of 43 owner. Credi ts may be trans:ferred :from. one tenant space to anot:l1er on t:l1e same parce~ in accordance with written directions :from the parce~ owner. Jthere credits are avai~ab~e, they wi~~ be ca~cu.lated on t:l1e same basis as t:l1e current fees due. D. Payment :for Capacity Fee Credits not app~icab~e. Credits as ca~cu.lated pursuant to t:l1e provisions o:f this chapter wi~~ be app~ied as an offset against fees which become due subsequent to bui~ding demo~ition and reconstruction or at t:l1e time o:f other change of use. No direct cash re:fund or payment for any such credits wi~~ be made by t:l1e District, even if the demo~ition and reconstruction or other change in use produces a net reduction in burden (RUE) on t:l1e subject parce~. 6.12.080 Repeal of prior fees. 8t:L;L.LVllO::> v[ Lll.LO::> L;VI-lt: }JLVV.LI-l.Lll~ [VL L.-v11t:L;L.Lvll v[ 0 woLt:Lo::>llt:1-l [t:t: 0::>11011 Lt: Lt:}Jt:olt:1-l vu July 1, 1989. 'flIt: BvoLI-l [.Llll-lo::> LlloL LOo::>t:1-l Vll 011 OL.-L;vuuL.Lu~ V[ LIlt: L;ULLt:llL woLt:Lo::>llt:1-l OL;L;VUllLo::> LlloL LIlt: woLt:Lo::>llt:1-l [t:t: Lt:Vt:llUt: 1100::> Lt:t:ll oppl.Lt:1-l Lv LIlt: pULpv6t:::-i [VL wll.Ldl LIlt: [t:t:o::> Wt:Lt: L;vllt:L;Lt:I-l, Olll-l LlloL t:0L;11 v[ LIn:~ WOLt:Lo::>l1t:1-l [t::t:: OL;L;VUllLo::> 1101-l Lt::t::ll t::.hllou.,Lt::1-l 00::> v[ JUllt: 30, 1988, w.LLIl LIn::: t:.hL;t:pL.LVll V[ woLt:Lo::>llt:l-lo::> 2, J, 8, 10, 11, 13, 1::';, 24 oul-l 27. 'flIt:: BVOL I-l [UL Lllt:L [.Llll-lo::> Lllo L LIlt: IllVllt: y 0::> Lt:LO.Lllt:1-l .Lll LIlt::.,t:: woLt:Lo::>llt::1-l OL;L;VUllLo::> 11c1vt: Lt:t:ll c111vL;c1Lt:1-l .Lll LIlt: D.Lo::>LL.LL;L'o::> L;c1}J.LLol .LmpLvvt:mt:llL }Jloll Lv [ULULt:: }JLVj t:L;Lo::> , c1111-l Lhc1L O::>O.LI-l }JLVjt:L;Lo::> w.Lll Lt:: V[ LIlt:: 1l0LuLt:: c1111-l Vc1L.Lt::Ly [VL wll.Ldl LIlt:: wc1Lt:Lo::>llt::1-l [t::t::o::> Wt::Lt:: .Lll.LL.Lc111y L;vllt:L.-Lt::I-l. The ordinance t::llc1L;L.Lll~ amending this chapter, effective July 1, 1989 J~y 9, 2001, shall supersede and repeal the District's existing ordinances regarding the collection of L;Vllllt:L;L.LVll capita~ iDprovement fees. c10::> o::>t:L [vLLIl .Lll LIl.LO::> L.-llo}JLt::L, Clla}JLt::L 6.08 (Aullt::.haL.LVll F't::t::o::>) , alll-l [uLLIlt::L, .Lll 8t::L;L.LVllO::> 6.20.020 alll-l 6.20.030 V[ LIl.LO::> L;vl-lt:. 'flIt:: Lt::pt:al o::>llall VL;L.-UL Vll July 1, 1989, O::>.Lmul Le111t:VUO::> W.L Lll Lllt: Lak..Lll~ t:[[t:L;L V[ Lllt: llt:W }JLVV.LO::>.LVllO::> o::>t::L [VL Lh .Lll Lll.LO::> L;lla}JLt:L alll-l .Lll Clla}JLt:L 6,08, hHowever, nothing in the ordinance t:lle1L;L.Lll~ effective J~y 9, 2001, a~e~ding this chapter is intended to repeal, extinguish, suspend or allow to lapse any obligation to pay fees under prior ordinances, which obligation accrued on or before July 1, 1989 Ju~y 9,2001, or for fees calculated under prior ordinances which may come due on or after July 1, 1989, J~y 9,2001 Olll-l Lt::[VLt: July 1, 1990. It is the specific intent of this chapter that all obligations to pay fees arising before July 1, 1989 Ju~y 9,2001, shall remain in effect alll-l Lllt: vLl.L~e1L.LvllO::> Lv pay [t::t::o::> L;e11L;ulaLt::1-l Ulll-lt::L Lbt: Lt:Lmo::> v[ pL.LVL VLI-l.Llle111L;t:o::> wll.LL;ll may e1L .Lo::>t:: Lt: LWt:t:ll July 1, 1989, e1111-l July 1, 1990, o::>llall Lt:ma.Lll .Lll full t:[[t:L;L. 6.12.090 Schedule of Ld.pi td.l .LlL\ioILvVeJl,elJ I [<,:e~ Capaci~ Fees, rates and charges. The Board of Directors have set the Capacity Fees, rates and charges as set :forth be~ow pursuant to Page 26 of 33 Page 36 of . 43 the provisions of this chapter to ensure adequate funding of a~~ needed upgrades, rep~acements, renovations and ilIprovements of existing District wastewater and househo~d hazardous waste co~~ection, treat:ment, recyc~ing, reuse and disposa~ :faci~ities to maintain their capacity, additions to and expansions of the capacity of these faci~ities in the future when needed or as required to meet ~ega~ and regulatozy requirements (a~~ or which services and raci~ities wi~~ ~timate~y be shared by current and future users), for equitab~e adjustmsnt of capita~ contributions as between new, current and contractua~ users, and prudent reserves requirements of the Running Expense Fund, the Se~r Insurance Fund and the Sewer Construction Fund occasioned by the added burden on District services and raci~ities attributab~e to new users and current users who change the use of their connected bui~dings or raci~i ties; and to provide that each new user and each current user who changes the use or his/her connected bui~dings or raci~ities pays his/her rair share or the cost of District services and raci~ities. Page 27 of 33 Page 37 of 43 lADle 0 SCHEDULE OF CAPACITY FEES. RATES AND CHARGES Capital impl'6'9'ement fees Capacity Fees and charges computed in accordance with this Table 6 chapter shall be applied to all new connections or added burdens for which fees become due and payable on or after febftlal)" 16, 1994 July 9.2001. facilities Gravity Capacity Fee: Pumped Zone Pumping Capacity Fee: $r;5T2 $3,360/RUE* $ 348 $ 710/RUE * A Residential Unit Equivalent (RUE) is a measure of sewage volume and strength equivalent to a typical residential household. Gravity Zone t Fee (Zone 1) = Pumped Zone ~ Fee (Zone 2) = facilities Gravity Capacity Fee facilities Gravity Capacity Fee + rl:lmped Zone Pumping Capacity Fee Residential Unit Eauivalence (RUEl Factors(1) Number of RUE = Unit of Measure Count Multi )Iied by the RUE factor Eligible rtlmpeel for r aeilitics ~ Capacity Gravity Pumping Use Capacity Capacity Charge Use Unit of Fee RUE Fee RUE Program Code User Group Measure(1 2) Factor Factor (*=Yes) lU Sinale-Familv Residences Dwellina Unit 1.000 1.000 LA Multiple Family Residences, Dwelling Unit 1.000 1.000 Apartments lM Mobile Homes Dwellina Unit 1.000 1.000 LC Common Areas 1,000 SQ. ft. 0.200 0.200 N3 Auto Bodv/Paintina 1,000 sa. ft. 0.432 0.467 PJ) Auto Dealerships 1,000 SQ. ft. 0.432 0.467 AI.. Aircraft Services 1,000 SQ. ft. 0.432 0.467 AR Auto Repair/Maintenance 1,000 SQ. ft. 0.432 0.467 A..c" Service 1 nnn..n it nA~? nAR7 (1) Fees for multi-use buildings shall be determined by considering each use separately. (2) "Unit-of-measure" shall mean the basic unit which quantifies the degree of use of a particular parcel (e.g., dwelling unit, square footage). Square footage of an improvement shall be based upon the gross exterior dimensions of the structure. Page 28 of 33 Page 38 of 43 TABL[ 6 CONTINU[D SCHEDULE OF CAPACITY FEES, RATES AND CHARGES Page2of6 Residential Unit Eauivalence (RUE) Factors(1) Number of RUE = Unit of Measure Count MultiDlied bv the RUE factor Eligible Pl:II1lped for r eeilities ~ Capacity Gravity Pumping Use Capacity Capacity Charge Use Unit of Fee RUE Fee RUE Program Code User Group Measure(2 ) Factor Factor (*=Yes) BT Transportation Services 1,000 sq. ft. 0.432 0.467 AC Car Washes 1,000 sa. ft. 21.127 22.829 * AW CarWashes,w/recyding 1,000 sq. ft. 3.522 3.805 * BB BarberslBeauty Salons! 1,000 sq. ft. 0.725 0.783 Pet Grooming BC Dry Cleaners, no laundry 1,000 sq. ft. 0.259 0.279 BR Retail Sales 1,000 sq. ft. 0.259 0.279 BE Equipment Repair/Repair 1,000 sq. ft. 0.228 0.247 Services BK Contractors/Business 1,000 sq. ft. 0.228 0.247 Services BN Nurseries/Lumberyards 1,000 SQ. ft. 0.228 0.247 IL Light Industrial 1,000 sq. ft. 0.228 0.247 BH Meetina Halls 1,000 SQ. ft. 0.290 0.313 EA AuditoriumslTheaters 1,000 sq. ft. 0.290 0.313 EC Cinemas 1,000 SQ. ft. 0.290 0.313 EM Entertainment 1,000 sq. ft. 0.290 0.313 EB BowIina A1levs 1,000 SQ. ft. 0.311 0.336 BZ Miscellaneous Commercial 1,000 sq. ft. 0.510 0.551 EF Laroe Fitness/Athletic Clubs 1,000 sa. ft. 1.018 0.942 EG Golf Courses/Country 1,000 sq. ft. 1.166 1.391 Clubs EH Health Clubs/Spas 1,000 sq. ft. 1.166 1.391 ET Tennis Clubs 1,000 SQ. ft. 1.166 1.391 fIN Warehouses 1,000 sq. ft. 0.136 0.147 8M Markets 1,000 sa. ft. 0.556 0.601 BS Supermarkets 1,000 sq. ft. 0.556 0.601 ~~~ Fees for multi-use buildings shall be determined by considering each use separately. "Unit-of-measure" shall mean the basic unit which Quantifies tfle degree of use of a particular parcel (e.g., dwelling unit, square footage). Square footage of an improvement shall be based upon the gross extenor dimensions of the structure. Page 29 of 33 Page 39 of 43 A .. TABl[ 6 OONTINU[D SCHEDULE OF CAPACITY RATES, FEES AND CHARGES Page 3 0'6 Residential Unit Equivalence (RUEl Factors(1) Number of RUE = Unit of Measure Count Multiplied by the RUE factor E"ibIe rtJmped or r seilities ~ Capacity Gravity Pumping Use Capacity Capacity Charge Use Unit of Fee RUE Fee RUE Program Code User Group Measure(2 ) Factor Factor (*=Yes) BX S i Centers 1,000 SQ. ft. 1.057 1.142 OB Business Offices 1,000 sq. ft. 0.295 0.319 OF Financiallnstitutionsl 1,000 sq. ft. 0.295 0.319 Banks OG Government Offices 1,000 SQ. ft. 0.295 0.319 OS FratemallService Offices 1,000 sq. ft. 0.295 0.319 OM Medical Offices 1,000 sq. ft. 0.637 0.688 OV Veterinary Clinics 1,000 SQ. ft. 0.637 0.688 RB Bakeries (Retail) 1,000 SQ. ft. 4.061 2.178 .* RD Delicatessens 1,000 sq. ft. 1.166 1.294 RN Bars 1,000 SQ. ft. 1.166 1.294 RI Ice Cream Parlors 1,000 sq. ft. 1.166 1.294 RY Yogurt Shops 1,000 SQ. ft. 1.166 1.294 RS Restaurants (dine-in) 1,000 SQ. ft. 4.010 2.738 * RT Restaurants (take-outl 1,000 SQ. ft. 4.010 2.738 * RC Banquet FacilitieslPatio 1,000 sq. ft. 1.166 0.825 SeatQ:a Bl laundromats 1,000 SQ. ft. 13.506 14.594 * SF Skiled Nursing Facilities 1,000 SQ. ft. 2.216 2.347 * FE Residential Care Facilities for the 1,000 sq. ft. 0.932 0.987 Elderly HP Hospitals 1,000 sq. ft. 2.891 3.124 * LR Residence Hotels Room 0.580 0.536 lH HotelslMotels 1,000 SQ. ft. 1.166 1.272 CH Churches 1,000 SQ. ft. 0.242 0.261 ~~~ Fees for multi-use buildings shall be determined by considering each use separately. "Unit-of-measure" shall mean the basic unit which quantifies the ~ree of use of a particular parcel (e.g., dwelling unit, square footage). Square footage of an improvement shall be based upon the gross exterior dimensions of tfle structure. Page 30 of 33 Page 40 of 43 . .. TABL[ 6 OONTlNU[D SCHEDULE OF CAPACITY FEES, RATES AND CHARGES Page4of6 Residential Unit Eauivalence (RUE) Factors(1) Number of RUE = Unit of Measure Count Multiplied by the RUE factor Eligible Ptlmped for r eeiMiG8 ~ Capacity Gravity Pumping Use Capacity Capacity Charge Use Unit of Fee RUE Fee RUE Program Code User Group Measure(2) Factor Factor (*=Yes) Private Schools (SO, SE, SH, SI, SU) Schools w/cafeteria and Classroom 0.860 1.000 Qvm/showers Schools w/gym/showers Classroom 0.774 0.900 and no cafeteria Schools w/cafeteria and no Classroom 0.516 0.600 QVn1/showers Schools w10 cafeteria or Classroom 0.430 0.500 QVn1/showers (21) Fees for multi-use buildings shall be determined by considering each use separately. () "Unit-of-rneasure" shall mean the basic unit which quantifies ttie degree of use of a particular parcel (e.g., dwelling unit, square foo~). Square footaQe of an Improvement shall De based upon the gross extenor dimensions oflhe structure. n_ ...- -" 8P ~ . eM Oem~rit;sIMortl:l8fie8 EP E6 ~. fE [Ieett 6"ie Indtl8tOC8 fH fP Permitted IndtlstOCs ~ L8boretofie8lRe8e8reh r eeilitiu - S~permerkets .....:Oarbage - Ptlblie Geheels - . . - \:HiIities The minimt:lm fee fer a t:Iscr initiated 8f300ial Stt:ldy Mall be 5250 Page 31 of 33 Page 41 of 43 . .. 1 TABL[ 6 OONTINU[D SCHEDULE OF CAPACITY FEES, RATES AND CHARGES Page 50f6 Special Studies Type Fee Required by District (3) $0 Initiated by User $250 Minimum (3)The following User Groups require a special study to determine the Capital Improvement Fee Use Use Use Code User Group Code User Group Code User Group BP Parking Lots IE Electronic Industries - Improvements w/Garbage Disposals CM Cemeteries I Mortuaries IH Heavy Industries - Public Facilities EP Parks I Playgrounds IP Permitted Industries - Special BHfings ES Swimming Pools IR Laboratories I - Utilities Research Facifities Values for use in the RUE formula in Section 6.12.050.0.2 shall be: FLORU = 200 gpd BOORU = 200 mgll TSSRU = 215 mgll A = 0.69 B = 0.14 C = 0.17 Page 32 of 33 Page 42 of 43 .,. .. TABLC 6 CONTINUCD SCHEDULE OF CAPACITY FEES, RATES AND CHARGES Page 6 0'6 Caoacitv Use Charge Program!! TIle minimum "Initial Payment" threshold User Cf6t1p r aeilities Gravity Capacity Fee RUE Factor ShaH Be 1.166 RUE/Per 1,000 Sq. Ft. Capacity Charge Capacity Use Charge '1nitial Payment" Rates r aeilitiG3 Gravity Ptlmped Zone Use User Group Capacity Fee Pumping ffliti8f Annual Capacity Fee Current Year Code RUE Factor RUE Factor ($IMonthfHYE ($IHCF) (RUE/1,OOO Sq. Ft.) (RUE/1,000 Sq. Ft.) 1,000 sq. ft.)'t AC Car washes 1.166 22.829 o4e6:45 575.47 ~ 3.10 AW Car washes, with 1.166 3.805 o18:e9 67.92 +68 recvcling 2.19 BL laundromats 1.166 14.594 Z59:88 355.76 2:-29 3.00 HP Hospitals 1.166 3.124 a5:48 49.73 +.59 1.96 RB Bakeries 1.166 2.178 04+.68 83.46 a:6+ (retail) 4.71 RS Restaurants 1.166 2.738 .a:59 81.99 r.82 (dine-in) 3.68 RS Restaurants 1.166 2.738 .a:59 81.99 r.82 (paper servicel 3.68 no dishwashers) SF Skilled Nursing 1.166 2.347 49:-8=130.27 444- Facilities 1.55 (1) Bl!Ised on Initial Payment reeilities Cal'aM, ree RUC fl!Iet6r. (2) NOTE: The alultlal ifltcrest f8tc for ealetllatien of eapaeity t13C eharges shall be 3ix I3Crecflt. (Ora. 189 '1(exh. B, 1903: Om. 160 . 1 (Exh. A(part)), 1989) The annual interest rate for calculation of Capacity Use Charges shall be six percent (6%). Page 33 of 33 Page 43 of 43 CONDUCT A PUBLIC HEARING TO RECEIVE COMMENTS ON THE DRAFT CAPITAL IMPROVEMENT BUDGET FOR 2001-2002 AND 2002-2003 AND THE DRAFT 2001 TEN-YEAR CAPITAL IMPROVEMENT PLAN Suggested Agenda May 24, 2001 I. Request staff presentation. II. Conduct Public Hearing: A. Open Public Hearing. B. Receive public comments. C. Request staff response, as appropriate. D. Close Public Hearing. III. Board deliberation to consider approval of the draft 2001 Ten-Year Capital Improvement Plan and approval of the draft Capital Improvement Budget for Fiscal Year 2001-2002 and 2002-2003 for inclusion in the overall 2001- 2002 District Budget. 5/17/01 Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: May 24, 2001 No.: 5.b. HEARINGS Type of Action: CONDUCT PUBLIC HEARING, APPROVE CIB/CIP Subject: CONDUCT A PUBLIC HEARING ON THE DRAFT CAPITAL IMPROVEMENT BUDGET (CIB) FOR 2001-02 AND 2002-03 AND THE DRAFT 2001 TEN-YEAR CAPITAL IMPROVEMENT PLAN (CIP), APPROVE THE 2001 CIP, AND APPROVE THE CIB FOR INCLUSION IN THE 2001-02 DISTRICT BUDGET Submitted By: John J. Mercurio, Management Analyst Initiating Dept./Div. : Engineering/Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACT~ ~'",iO t R ;hm~ ~w'""" ~ A. Farrell ISSUE: The Board of Directors has established May 24, 2001, as the date for a public hearing on the draft CIB for 2001-02 AND 2002-03, and the 2001 Ten-Year CIP. Separate Board approval of the CIP and the CIB for inclusion in the 2001-02 District Budget is requested. RECOMMENDATION: Conduct a public hearing to receive comments on the CIB/CIP. Approve the draft 2001 CIP. Approve the CIB for inclusion in the 2001-02 District Budget. FINANCIAL IMPACTS: Approval of the draft FY 2001-02 and 2002-03 CIB/2001 CIP is a necessary step prior to Board adoption. Approval will include a return of $1,665,339 to the sewer Construction Fund resulting in a total Fiscal Year 2001-02 Board authorized funding level of $39,008,000. This will allow expenditures to continue on the District's Capital Improvement Program. AL TERNA TIVES/CONSIDERA TIONS: Not applicable. BACKGROUND: The CIP provides the basis for project prioritizing and scheduling, staffing, and long-range financial planning. The CIP also serves as the framework for capital fee decisions. The draft 2001 CIP covers the ten-year period from 2001-02 through 2010-11. The draft plan includes expenditures totaling $211.6 million (2001 dollars) over ten years. The CIB provides a detailed presentation of the schedules and cost estimates for projects proposed for the first two years of the ten-year planning period. It also provides for the Board's authorization of funds for 2001-02 from the Sewer Construction Fund to the Treatment Plant, Collection System, General Improvements and Recycled Water Programs. 5/17/01 U:\PPr\SusanW\CIP-CIB HearingJJM.wpd Page 1 of 4 POSITION PAPER Board Meeting Date: May 24, 2001 Subject: CONDUCT A PUBLIC HEARING ON THE DRAFT CAPITAL IMPROVEMENT BUDGET (CIB) FOR 2001-02 AND 2002-03 AND THE DRAFT 2001 TEN-YEAR CAPITAL IMPROVEMENT PLAN (CIP), APPROVE THE 2001 CIP, AND APPROVE THE CIB FOR INCLUSION IN THE 2001-02 DISTRICT BUDGET A review draft CIB/CIP was submitted to the Board of Directors on April 19, 2001. A Board Workshop to discuss the review draft was held on April 27, 2001. It is appropriate for the Board to receive comments from the public prior to considering approval of the CIB/CIP. May 24, 2001, was established by the Board as the date for a public hearing to receive these comments, and appropriate notices have been posted and published. Capital Budget Authorization Adoption of the CIB with the 2001-02 District Budget will not authorize any additional funds from the Sewer Construction Fund for planning, design, and construction of capital improvement projects. The new funding authorization will include a carry-over of approximately $40,673,339 from Board authorizations in previous years, returning of $1,665,339 to the Sewer Construction Fund resulting in a total Fiscal Year 2001-02 authorized funding level of $39,008,000. The distribution of the funding authorization to the four capital improvement programs is shown on Attachment 1. Ten-Year Capital Plan In order to accommodate the cash-flow needs resulting from the timing of required expenditures versus the receipt of revenues, the Sewer Construction Fund has historically been managed to have a prudent reserve of 75 percent of the following year's anticipated project expenditures plus 100 percent of debt retirement service at the end of each fiscal year (June 30). Recently, we have also evaluated the balance needed in the sewer Construction Fund to act in conjunction with the 0 & M Fund balance to meet the cash flow needs of the District. The draft 2001 CIP contains a cash flow analysis which demonstrates the revenues needed to fund the proposed 10 year CIP. The draft 2001 CIP includes $60.0 million (2001 dollars) for Treatment Plant projects (28% of total expenditures), $131.7 million for Collection System projects (62% of total expenditures), $10.3 million for General Improvements projects (5% of total expenditures), and $9.6 million for Recycled Water projects (5% of total expenditures) over the next ten years. The expenditures recommended in the recently completed 5 Year Master Plan for Information Technology have been incorporated in the General Improvements Program in the draft 2001 CIP. Staff has evaluated the CIB/CIP and concluded that they are exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines Section 17.3, since 5/17101 U:\PPr\SusanW\CIP-CIB HearingJJM.wpd Page 2 of 4 POSITION PAPER Board Meeting Date: May 24, 2001 Subject: CONDUCT A PUBLIC HEARING ON THE DRAFT CAPITAL IMPROVEMENT BUDGET (CIB) FOR 2001-02 AND 2002-03 AND THE DRAFT 2001 TEN-YEAR CAPITAL IMPROVEMENT PLAN (CIP), APPROVE THE 2001 CIP, AND APPROVE THE CIB FOR INCLUSION IN THE 2001-02 DISTRICT BUDGET they are planning studies. Approval of the budget and plan will establish the Board of Directors' independent finding that these documents are exempt from CEQA. RECOMMENDED BOARD ACTION: Conduct a public hearing to receive comments on the CIB/CIP. Approve the draft 2001 CIP. Approve the CIB for inclusion in the 2001-02 District Budget. 5/17/01 U:\PPr\SusanW\CIP-CIB HearingJJM.wpd Page 3 of : 4 ATTACHMENT 1 CAPITAL IMPROVEMENT BUDGET SUMMARY FY 2001-02 Carry Over Additional Total Program From Authorization Proposed FY 2000-01 Requested Authorization Treatment Plant 6,482,327 2,099,673 8,582,000 Collection System 30,597,043 (4,122,043) 26,4 75,000 General Improvements 1,332,233 875,767 2,208,000 Recycled Water 2,261,736 518,736 1,743,000 Total FY 2001-02 40,673,339 (1,665,339) 39,008,000 Page 4 of 4 Ul C -0 co C C Ul CJ) OJ :::J eo Z :::J \.I- 0 CJ) ::s c OJ ~ ~ OJ +-' CO a.. > :::J +-' +-' OJ C C C- I- ~ OJ OJ OJ C C Z a.. -0 0 0 W ...... CO c.. c.. 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CJ) co- Q)19 1- ._ Uo. Cco .- U Q)1- E~ o U-c Q)c ..c::s - \.I- ==\.1- ~o Q)Q) ClU 1-1- co::s .cO UCJ) Q)CO UCJ) .- eo ~-I-J Q)e (J')CO 1-1: Q)O ~o. Q)E (J') .- . Q) Ul eo Q) 1- U C .- o -I-J -C Q) Q) . eCJ) 1- =eo .- Q) ~>- Ue (J')Q) (f) -I-J \.1-)( OQ) -I-Je e1- Q)Q) C> 00 0. E~ O-I-J uffi - U eou:: -I-J ._ .- e 0.01 co._ UCJ) . - - co 1- Q) > o 1- Q) ~ o - \.I- o -I-J u:: Q) c Q) ..0 e .- CJ) -I-J - ::s CJ) Q) 1- 1- Q) e o o CJ) U (J') U) 01 e · .- Q) CJ)Ul roro Q)Q) 1-1- Uu Cc ....... . - . e CO (J') Q) -I-J CO - CO U CJ) Q) o -I-J '"'0 Q) -C Q) Q) C Q) ..0 - - .~ 01 C .0 · cCJ) cot) CQ) ij::.S - 1- roo. Be .- 0 -I-J .- E -Ceo ~~ . Central Contra Costa Sahitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: May 24,2001 No.: 8.a. ADMINISTRATIVE Type of Action: AUTHORIZE CONTRACT Subject. AUTHORIZE THE GENERAL MANAGER TO EXECUTE A REPROGRAPHICS SERVICES AGREEMENT WITH XEROX CORPORATION Submitted By. Harriette Heibel Initiating Dept.lDiv.: Administrative/Communication Services ~ H.Heibel 5R~ G.Davis REVIEWED AND RECOMMENDED FOR BOARD ACTION: ISSUE: Board of Directors' authorization is required for the General Manager to execute professional services agreements over $50,000. RECOMMENDATION: Authorize the General Managerto execute a Reprographics Services contract with Xerox Corporation for five years. FINANCIAL IMPACTS: The total estimated cost of this 5 year contract is $1,476,900 which includes monthly management fees and approximate variable usage fees (number of copies made and supplies used). Not included are paper and binding supplies or one-time equipment installation costs. AL TERNATIVES/CONSIDERATIONS: Alternatives to executing this contract with Xerox include: · Continue the service contract with the existing contractor, IKON Management Services, at a higher monthly management fee and higher variable usage costs · Lease the equipment for the copy center and the copier stations throughout the District and hire employees to operate and maintain the copy center, process mail, and service individual copier machines BACKGROUND: For many years the District operated its own in-house print shop, which included assorted printing presses and other reprographics equipment and was staffed by one full-time printer. When the District's printer retired in 1995, the District determined that it might be beneficial to rethink how reprographics services were provided, considering the difficulty of finding a replacement for the printer, the increasing costs to maintain and repair the aging equipment, and the recent availability of outsourcing copier services. As a result, in 1996 the District began contracting with IKON Management Services (IKON) for operation of a high-volume copy center; processing and delivering District mail to both the 5/17/01 H:\RSC-Xerox-PosPaper.wpd Page 1 of 4 POSITION PAPER Board Meeting Date: May 24,2001 Subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE A REPROGRAPHICS SERVICES AGREEMENT WITH XEROX CORPORATION Martinez and Walnut Creek facilities; and providing and maintaining copiers in various District locations. This contract specified a fixed monthly management fee, with copying charges and paper and binding supplies billed according to usage. The original contract with IKON was written for a three year period with the option for a two-year renewal period, which the District exercised, making the total contract five years. The existing contract with IKON ends on July 18, 2001, after the 2-year extension. A formal Request for Proposal (RFP) process was begun in February, 2001, inviting vendors to bid on the next contract period. Prior to beginning this process, an internal task force was formed to evaluate and identify future printing and mail service needs of each department. Information gathered by the task force was used to prepare the bidding documents. During the proposal process interested vendors were invited to tour the current copy center, to inspect the equipment, and to ask extensive questions regarding the District's service needs. Three vendors responded to the RFP. After conducting extensive interviews with the three proposers that clarified their different approaches to the RFP and performing an apples-to- apples comparison of the three bids, the estimated monthly management fee for each vendor was: Xerox Corporation IKON Management Services Archer Management Services $23,784 $26,067 $31,386 Attachment A shows a detailed breakdown of the costs contained in each of the three bids. While it was expected that IKON would provide the most competitive proposal given the fact that they have serviced the District for the past 5 years, a careful analysis of the proposals coupled with on-site visits to see the proposed equipment convinced staff that the Xerox proposal provided a better mix of newer equipment and services at a better price than either of the other vendors. Unlike the current IKON contract, the Xerox contract specifies a generous number of copies to be included in their monthly management fee, thus contributing to their lower overall price. The Xerox contract provides for a gO-day trial period to get the operation started and to evaluate the contractor's ability to provide service. After the gO-day trial, the remainder of a 5/17/01 H:\RSC-Xerox-PosPaper.wpd Page 2 of 4 POSITION PAPER Board Meeting Date: May 24, 2001 Subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE A REPROGRAPHICS SERVICES AGREEMENT WITH XEROX CORPORATION five-year contract begins. A five-year instead of three-year term for the contract was selected because of significant overall cost savings resulting from the copier equipment being amortized over a longer time period, which directly effects the monthly management fee. Monthly evaluations will be conducted, as they have been during the last five years, to ensure integrity of billing and to resolve any outstanding service issues. RECOMMENDED BOARD ACTION: Authorize the General Manager to execute a Reprographics Services Agreement with Xerox Corporation for five years. 5/17/01 H:\RSC-Xerox-PosPaper.wpd Page 3 of 4 \.l'n)\ II" () '\ \ !'r II cr Monthly Management Fee $22,716* $20,364 $26,962 Additional Cost for $1,068* $5,703 $4,424 estimated number of copies needed on historical volumes Total Estimated Monthly $23,784 $26,067 $31,386 Cost Estimated Annual Cost $285,408 $312,804 $376,632 Estimated 5 Year Cost $1,427,040** $1,560,020 $1,883,160 RFP Bid Price Comparison for Reprographics Services Center Contract * The Xerox bid included a significant number of copies as part oftheir monthly management fee ** Additional equipment or changes in equipment may occur, depending on final copy center configuration requirements and District needs; number used in position paper includes additional equipment that was not part of the base RFP. 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C c: c: Q) Q) c c u u -- co co c c > ~ ~ Q) Q) co co ~ ~ CO Q) ~ ~ ~ >- U1 M LO C C c: o .- ~ CO -c c: (]) E E o u (]) ~ ~ CO ~ (J) ..c 01 :J o L- ..c -I-' -I-' ..c 01 ::J o .n Q) x .nO _ L- :=Q) ~x Ul C Q) CO == ..c: c. -I-' c.L- ::J (]J Ul..c 01-1-' C ~ -- "'C 01 C C .- -- .nUl ~CO (]J..c c.~ CO ::J a.. a.. 00 00 -I-' Ul (]J ~ o - >- - -I-' C CO U (.i:: -- C 01 -- Ul Ul CO ~ X o L- Q) X o +-J -I-' C (]J U) E"'C c.~ -5 c O"QJ Q) U -- '0(: X QJ __ U) E1: t)~ Q) L- .n::J (]J U ..c .... Ul -I-'u "'C - - L- (]J .b ~ "'C _~ . J -S; 0 Ui e Q) 8 c...c _ +-J - X -I-' CO o Q) L- ID OJ ~ xEo 00 +-JZ ::JO O~ .n I-t co............... -I-'~ Ul o Ul U L- re =Q) ~>- XLO o U) L- ::J Q) 0-X -- > ..cQ) -I-' L- -- C. ~ C -I-'co U..c ~+-J -I-'(]J C L- a a ~ E co~ (]IN >-..,..... a.n iA- 00 Central Contra Costa Sallitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: May 24, 2001 No.: 8.b. ADMINISTRATIVE Type of Action: ADOPT A RESOLUTION Subject: AUTHORIZE APPLICATION FOR A CERTIFICATE OF CONSENT TO SELF INSURE WORKERS' COMPENSATION LIABILITIES REVIEWED AND RECOMMENDED FOR BOARD ACTION: t/J?Z? D. Clovis z.e- Initiating Dept./Div. : Administration/ Safety & Risk Management n Submitted By: David J. Clovis J. Davis ISSUE: The Board of Directors adoption of a resolution is required for an application t the State of California, Department of Industrial Relations for a Certificate of Consent to Self Insure Workers' Compensation Liabilities. RECOMMENDATION: Adopt a resolution authorizing application for a certificate of consent to self insure workers' compensation liabilities. FINANCIAL IMPACTS: There are no direct financial impacts associated with this action, however, there are potential future cost savings as a result of participating in a workers' compensation risk sharing pool. AL TERNATIVES/CONSIDERATIONS: The District could continue to purchase Workers' Compensation Insurance from State Compensation Insurance Fund or other California Admitted Workers' Compensation Insurance Carriers. BACKGROUND: District Staff has been evaluating Workers' Compensation Insurance Alternatives. The District currently insures its Workers' Compensation Liabilities with The California State Compensation Insurance Fund. Preliminary rate quotations have indicated that there will be a minimum of a ten percent rate increase in 2001 and additional rate increases in future years. An alternative to traditional insurance programs is the participation in Public Agency Risk Sharing Pools. District Staff is currently evaluating the California Sanitation Risk Management Authority (CSRMA) Workers' Compensation Program. The District is a member of the California Sanitation Risk Management Program and is participating in the property insurance program. (See Attachment A for a current list of CSRMA Workers' Compensation Members). The preliminary rate quotation for workers' compensation is very competitive with the State Compensation Insurance Fund Program and will provide 5/17/01 C:\My Documents\SIF01-02\ppConsiwc. wpd Page 1 of 4 POSITION PAPER Board Meeting Date: May 24,2001 Subject: AUTHORIZE APPLICATION FOR A CERTIFICATE OF CONSENT TO SELF INSURE WORKERS' COMPENSATION LIABILITIES the District with additional benefits. The benefits associated with CSRMA are improved claims handling, improved service to the injured worker, potential for retroactive premium reimbursement, improved interaction with District Staff and consistent application of District procedures. The first action required for participation in the CSRMA Program is for the District to obtain a Certificate of Consent to Self Insure from the Director of Industrial Relations, State of California. RECOMMENDED BOARD ACTION: Adopt the resolution authorizing application to the Director of Industrial Relations, State of California, for a Certificate of Consent to Self Insure Workers' Compensation Liabilities and authorize the General Manager to execute all necessary documents for completion of the application to the Director of Industrial Relations, State of California. 5/17/01 C :\My Documents\SI FO 1-02\ppConsiwc. wpd Page 2 of 4 x Aliso Water Managem e:nt Agency C arm e1 Ar e a Wastew ater Di stri ct C arpinteri a Sanitary Di stri ct C enual Marin Sanitation Agency D e1 ta Di abl 0 S anitati on D istri ct Dublin San Ramon S.D. Encina Wastewater A uth. F airfi e1 d- Sui sun Sewer District Goleta Sanitary District Ir onhouse Sanitary Di stri ct Lake ArrowheadCSD Las G al1inas V all ey S .D . Leucadia Cnty Water District Monte cito Sanitary Di stri ct Monterey Regional W.P.C.A. Napa SanitaryDistrict N ovato Sanitary Di stri ct Ojai ValleyS anitary District Oro Loma SanitaryDistrict Sanitary Di stri ct No. 1 cff Marin S ausali to- Marin City S. D. Se1ma-Kingsburg-F ow1er County S.D. Sewer Authority Mid-C oastside South Bayside System Authority South East Re gi onal R e c. Authority South Tahoe Public Uu1ityDistrict Union Sanitary Di stri ct V all ej 0 S ani tau on & Flood C . D. Valley SanitaryDistrict V e:ntura Re~onal S.D. V ictor Val1eyW.R.A. West Bay SanitaryDistrict We st County W astew ater Di stri ct West ValleyS anitation District Page 3 of 4 rtESOLUTION NO. 2001- RESOLUTION AUTHORIZING APPLICATION TO THE DIRECTOR OF INDUSTRIAL RELATIONS, STATE OF CALIFORNIA FOR A CERTIFICATE OF CONSENT TO SELF INSURE WORKERS ' COMPENSATION LIABILITIES WHEREAS, Central Contra Costa Sanitary District is evaluating workers' compensation insurance alternatives; and WHEREAS, participation in the California Sanitation Risk Management Authority Workers' Compensation program requires a State of California Certificate of Consent to Self Insure Workers' Compensation Liabilities. BE IT RESOLVED by the District Board of the Central Contra Costa Sanitary District that the General Manager or his designee is hereby authorized and directed to sign and file, an application to the Director of Industrial Relations, State of California, for a Certificate of Consent to Self Insure Workers' Compensation Liabilities on behalf of the Central Contra Costa Sanitary District and to execute any and all documents required for such application. BE IT FURTHER RESOLVED, The General Manager or his designee is hereby authorized to do all things necessary and proper to implement this resolution. PASSED AND ADOPTED this 24th day of May, 2001 by the following vote: AYES: NOES: ABSENT: President of the Board of Directors, Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: Secretary, Central Contra Costa Sanitary District, County of Contra Costa, State of California APPROVED AS TO FORM Kenton L. AIm District Counsel Page 4 of 4 CALIFORNIA SANITATION RISK MANAGEMENT AUTHORITY (CSRMA) PARTICIPATION AGREEMENT FOR THE WORKERS' COMPENSATION PROGRAM This entity, CFNTRAI CONTRA COSTA SANITARY DISTRICT , Signatory to the Califomia Sanitation Risk Management Authority ("CSRMA") Joint Powers Agreement, have agreed by action of our Board of Directors on JUNE 7 , 20~, to participate in the CSRMA Workers' Compensation Program. As evidenced by the authorized signatures on page 5 of this document, the above mentioned entity shall become a participant in the Workers' Compensation Program and be referred to as a "Program Participant." It is understood that this Participant Agreement pertains only to the Workers' Compensation Program, and that a separate Participation Agreement is required for each CSRMA insurance program. By completing the following steps for CSRMA and Workers' Compensation Program membership, Workers' Compensation Insurance coverage shall begin on JULY 1 ~ 20~ which is the date which is acceptable to either the CSRMA Board of Directors and/or the Workers' Compensation Program underwriter, and if applicable: 1) receiving an underwriting/loss evaluation for qualification purposes and deposit (annual premium) calculation; 2) receiving a facility physical inspection, if required; 3) meeting CSRMA underwriting guidelines and obtaining approval of the CSRMA Underwriting Committee; 4) being recommended by the Executive Committee for acceptance by the Board of Directors and receiving such acceptance; 5) executing the CSRMA "Joint Powers Agreement," the "Notice of Intent" and "Resolution to Join;" 6) completing the "Application For A Public Entity Certificate of Consent to Self- Insure" and receiving approval to self-insure from the Califomia Department of Industrial Relations; TOIRlICSGIDOClP ERM\DOO I 060 7) executing this Workers' Compensation Program Participation Agreement, whereby the Estimated Annual Deposit is accepted, and Remittance for such is due by Coverage Inception. MINIMUM PARTICIPATION PERIOD FOR WORKERS' COMPENSATION INSURANCE PROGRAM: It is understood that the CSRMA Workers' Compensation Program requires an initial three-year commitment in order to participate in this program. Withdrawal from the Workers' Compensation Program cannot occur until not less than three years of participation have occurred; that is, from the coverage inception date until the end of the third consecutive program year, and only then if a four-month prior notice was provided. After the initial three-year participation commitment has been met, withdrawal can occur at the end of the program year provided a four-month prior notice of intent to withdraw was provided the Authority, as noted above. Program Participants remain subject to the "Termination" provisions of Section 23 in the CSRMA Joint Powers Agreement, despite the three-year participation commitment. RESPONSIBILITIES OF PROGRAM PARTICIPANTS: Program Participants shall maintain an open and ongoing flow of data and information to the Authority staff, committees and/or Board of Directors, as required, in addition to the following: . Provide the Workers' Compensation Program with such statistical and loss experience data and other information as is necessary to carry out the purposes as outlined in the CSRMA Agreement, Bylaws or as set forth during official meetings ofthe Executive Committee and/or the Board of Directors; . Pay the Workers' Compensation Program when it is due and all Retrospective Adjustments and assessments for each Program Year. Withdrawal does not relieve the entity from liability for such Retrospective adjustments and assessments; . Cooperate fully with the Workers' Compensation Program staff and/or representatives in determining the cause of losses in the settlement of claims; TOIRL ICSGIDOClPERM\DOO 1060 . Comply with all provisions, policies and procedures of the CSRMA Workers' Compensation Program as set out in Section 19 of the CSRMA Joint Powers Agreement. RESPONSIBILITY FOR WORKERS' COMPENSATION INSURANCE PROGRAM EXPENSES: Workers' Compensation Program members are responsible for their pro-rata share of all Program expenses to include: incurred losses; margin for contingency; claims adjusting and legal fees, loss control services, general administration, excess premium costs, and costs for any other services as identified by the Executive Committee per authority vested by the CSRMA Agreement and/or Bylaws; A program participant's pro-rata share of the program expenses shall be based upon the Workers' Compensation Program's budgetary needs and any other expenses deemed necessary by the Board of Directors, as well as the participant's premium volume. The cost-allocation formula may be subject to change by the Board of Directors. The withdrawal or termination of any Program Participant from the Workers' Compensation Program shall not terminate the responsibility to continue to contribute to its share of financial obligations incurred by reason of its previous participation (refer to CSRMA Agreement, Section 24). RETROSPECTIVE PREMIUM ADJUSTMENT In accordance with the above section (and Section 20(b) 2. of the CSRMA Agreement), a financial reconciliation or audit of each Program Year will occur in order to determine if enough funds were collected as Deposits (annual premium) for each Program Year. In general, any deficiency or surplus in each Program Participant's Deposit amounts shall be adjusted by a Retrospective Adjustment. The Retrospective Adjustment process examines each individual participant's claims and expenses for the Program year in review to determine if Deposits were adequate. If these deposits are not adequate to meet costs of incurred claims and expenses, an "adjustment" to make up the difference, subject to minimum and maximum amounts, can take place (refer to Agreement, Section 20(b) 3). Specifically, Retrospective Adjustments for the Workers' Compensation Program shall be calculated within six months after the conclusion of each Program Year and annually thereafter until all applicable claims are finalized. In addition, the Board of Directors may have special assessments calculated at any time if, in its opinion, it becomes advisable. The results of the calculation shall be communicated to the Program Participants within one month following TOIRL \CSGlDOC\PERM\DOO I 060 each calculation. The adjustments resulting from special assessments authorized by the Board shall be due as specified by the Board. The Retrospective Adjustment for each Program Year shall be calculated for each Program Participant by adding the sums of (A) and (B) below, less the Deposits on hand: (A) An amount equal to the individual Program Participant's incurred losses and share of expenses; provided, however, that such amount shall not be greater than 125% of the Deposit nor less than 75% of the Deposit. (B) Each Program Participant's proportionate share (based upon the amounts determined pursuant to (A) above) of the difference between the sum of the individual amounts calculated pursuant to (A) above, and the total of all incurred losses, reserves, expenses and interest income. Retrospective Adjustment formulas are subject to change by the Board of Directors. TOIRL \CSGlDOC\PERM\DOO I 060 ******* The above Participation Agreement conveys an accurate and complete representation of all obligations of Workers' Compensation Program Participants, as generally stated in the CSRMA Bylaws and Agreements. Any amendments to the Workers' Compensation Program Participation Agreement shall require two-thirds vote of the entire Workers' Compensation Program membership and shall generally conform to CSRMA Agreement, Section 26. In recognition of the above, this qpation Agreement is hereby executed on JUNE 26 ,2001, and shall remain. effect u til said entity noted below provides written withdrawal notification or is terminated om such W ers' Comp sation Program. , GENERAL MANAGER Title CENTRAL CONTRA COSTA SANITARY DISTRICT Entity Attest: 4:J~t. ~ARY OF THE DISTRICT Title ro/:Z&/D I Date I ( TOIRL ICSGIDOC\PERMIDOO I 060 Central Contra Costa Sarhtary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: May 24, 2001 No.: 9. a. ENGINEERING Type of Action: AUTHORIZE AGREEMENT Subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AGREEMENT WITH MONTGOMERY WATSON FOR THE DESIGN OF THE SAN RAMON PUMPING STATION RENOVATIONS PROJECT, DISTRICT PROJECT NO. 5460 Submitted By: Ba T. Than, Associate Engineer RE;;;ND RECDMM:;MOR BOARD A~ B. Than W. Brefinan A. Farrell ISSUE: Board of Directors' authorization is required for the General Manager to execute a professional services agreement in an amount greater than $50,000. RECOMMENDATION: Authorize the General Manager to execute a professional services agreement with Montgomery Watson for $500,000 for the design of the San Ramon Pumping Station Renovations Project. FINANCIAL IMPACTS: The total cost of design (staff and consultant) of the project will be approximately $600,000. The estimated project construction cost is $5,000,000. ALTERNATIVES/CONSIDERATIONS: An alternative would be to hire additional engineering staff. The broad range of professional expertise needed would require hiring numerous people. It has been the District's practice to augment staff with consultants on specialty designs and larger projects. BACKGROUND: The Dougherty Valley Tunnel and Trunk Sewer project (District Project No. 5902) had generated community and local government concerns regarding the construction, visual and operational impacts of the District sewage conveyance facilities. The San Ramon Pumping Station Exterior Modifications project was initially set up (1) to enhance and improve the exterior of the pumping station, (2) to reduce the noise and/or odor level, and (3) to complete all of the outside construction activities in one construction season to minimize the impacts on the local residences and the City of San Ramon (City). On May 31, 2000, Requests for Proposals (RFP) for the design of the San Ramon Pumping Station Exterior Modifications project were sent to seven qualified professional engineering consultant firms: Black and Veatch, Brown and Caldwell, Carollo Engineers, CH2M Hill, G. S. Dodson & Associates, Montgomery Watson, and WRMS Engineering. On June 30, 2000, three firms responded to the RFP, and two of these three firms were invited for interviews: G. S. Dodson & Associates and Montgomery Watson. These two firms had excellent credentials, made superior presentations, and could certainly perform the tasks adequately. Based on these interviews, Montgomery Watson (MW) was selected because 5/16/01 L:\Position Papers\BTHAN\5460 MW Design.wpd Page 1 of 3 POSITION PAPER Board Meeting Date: May 24, 2000 Subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AGREEMENT WITH MONTGOMERY WATSON FOR THE DESIGN OF THE SAN RAMON PUMPING STATION RENOVATIONS PROJECT, DISTRICT PROJECT NO. 5460 they presented the best overall team, costs, and technical approach. A preliminary design contract valued at $49,000 was awarded to Montgomery Watson to identify the required modifications and enhancements at this pumping station. A technical memorandum was produced identifying the station's hydraulic capacity which includes size of a new force main, surge protection facility, and pump sizes. This technical memorandum also finalized the size of a new diesel generator and housing dimensions, and prepared an architectural rendering for the station. This information was used in the communication and mediation with the City. There are three projects listed in the Capital Improvements Plan (CIP) that will improve and provide reliability to the sewage conveyance at the San Ramon Pumping Station identified in the October 1998 Master Plan. The first project, San Ramon Pumping Station Exterior Modifications, is included in the 2001 10-year CIP. This first project was scheduled to be in construction in conjunction with or right after the completion of the Dougherty Valley Tunnel and Trunk Sewer project. The remaining two projects were to be scheduled depending on the peak wet weather flows. The result of the mediation with the City requires a complete renovation of this pumping station in one single project. This San Ramon Pumping Station Renovations project, which was renamed from the San Ramon Pumping Stations Exterior Modifications project, consolidates all these three projects. The design phase is scheduled to start immediately and will be completed by March, 2002. Construction is anticipated to begin in May 2002 and will be completed by June of 2003. In addition, new telemetry will be installed at the San Ramon Pump Station as part of the Pumping Station SCADA project scheduled to be bid in July, 2001. An addendum to the 2001 Capital Improvements Budget/Capitallmprovements Plan will be prepared shortly to address the financing and Board authorization of all San Ramon projects included in the settlement agreement. There are sufficient funds available to begin the design. The scope of work for the renovation includes replacing all four existing pumps with new variable frequency drives, enlarging the foot print of the station to accommodate a new generator, enlarging discharge and intake pipe headers, installing a new surge tank and associated piping, installing an odor control system, improving noise control, and providing improvements to the architectural and landscape features of existing facilities. The City also stipulates that the near-completion (80-percent) design has to be submitted to the City for review by October 24, 2001. This requires an accelerated design schedule. A professional engineering design services agreement with a cost ceiling of $500,000 has been negotiated with MW to complete the final design of this project. 5/17/01 L:\Position Papers\BTHAN\5460 MW Design.wpd Page 2 of 3 POSITION PAPER Board Meeting Date: May 24, 2000 Subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AGREEMENT WITH MONTGOMERY WATSON FOR THE DESIGN OF THE SAN RAMON PUMPING STATION RENOVATIONS PROJECT, DISTRICT PROJECT NO. 5460 The environmental impacts of construction and operation of the pumping station were addressed in the County's 1996 Final Subsequent Environmental Impact Report, Windemere Phase I and Gale Ranch Phase II. The Board of Directors reviewed this Environmental Impact Report during its deliberations regarding annexation of the Windemere property in June 1997 and established its independent finding that the environmental impacts of providing wastewater utility service will be reduced to less-than-significant levels through implementation of the mitigation measures required of the project by Contra Costa County. RECOMMENDED BOARD ACTION: Authorize the General Manager to execute a professional services agreement with Montgomery Watson in the amount of $500,000 for the design of the San Ramon Pumping Station Renovations project, District Project No. 5460. 5/16/01 l:\Position Papers\BTHAN\5460 MW Design.wpd Page 3 of 3 z <( --I a.. UJ I- - Vl \ r --- ----- I · . . -- _ c: - 0 <11 .- ~ ~ .... <11 ~s I --.0..- :0 T-- I I : I I I <11 > .;: Cl III o Cl c: IV ~ \ --\- . . 11&1 I ~: I ~ I I Vl , I 1 I I I .!: I IV I ~ <11 '(,+, : i , I :;:, , u.. ~ ",) CO .!: " ~ ~:,' 16> <11 I II 1 ~ I I ~ 1 II I : I I I -.:t , I ~_~ : I'd I ~ <11 ~ o u.. ~~ "tl .- c:"tl IV= .... :;:, Vl CO == ... <11 <11 Z == ~ . . III (ij ..0 .....0 o :;:, "tl ... OJ:( ~ <11 Vl , Co , .- :_L N I ..)t! <11 <11 U c: o E IV a: c: IV Vl .r:. .... :;:, o Vl '0 o .r:. u Vl .r:. .!21 I .!!! c: ~ 16 u ( o I LEGEND: - FORCE MAIN GRAVITY SEWER .., STATION . LMWlN PUW' 21-MAY-200117:06 \Iarwin_ force.dgn k:\spclmaps Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: May 24, 2001 No.:9.b. ENGINEERING Type of Action: AUTHORIZE AGREEMENT Subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AGREEMENT WITH RBF CONSULTING FOR THE COMPLETION OF THE FACILITIES PLAN FOR THE RECYCLED WATER INDUSTRIAL PROJECT, DP 7201 Submitted By: Joseph Pomroy Initiating Dept./Div. : Engineering/Environmental Services R. chmidt &v.h ~~~~~ REVIEWED AND RECOMMENDED FOR BOARD ACTION: --4.v qCt ~ ISSUE: Board of Director's authorization is required for the General Manager to execute professional services agreements in amounts greater than $50,000. RECOMMENDATION: Authorize the General Manager to execute an agreement with RBF Consulting for $165,000 for the Facility Plan Preparation for the Recycled Water Industrial Project. FINANCIAL IMPACTS: The total cost for the planning phase of this project will be approximately $250,000 for District and Consultant staffs. This cost includes $165,000 for the facility plan effort by RBF Consulting. Total project costs could be less if the $75,000 matching grant is received from the State, which would reduce the total project cost to $175,000. AL TERNATIVES/CONSIDERATIONS: Because of its revenue potential, this is a high priority project for the Recycled Water Program. The Industrial Project has the potential to generate a positive revenue stream while providing a significant amount of recycled water to a nearby industry while utilizing the existing reclamation plant on a year-round basis. The alternative is not to pursue industrial recycled water efforts. BACKGROUND: The District's wastewater treatment plant was expanded in 1974 with the use of grant funds that stipulated that water reuse must be a part of the project and full nutrient removal must be accomplished. The plant was never operated in its intended mode because of substantial changed conditions in permit requirements, increases in chemical and energy costs and a low demand for industrial cooling water. Despite this, CCCSD and Contra Costa Water District (CCWD) agreed to pursue avenues to determine ways to 5/17/01 U:\PPr\SusanW\Ppr ReWlndPP7201 JP.wpd Page 1 of 5 POSITION PAPER Board Meeting Date: May 24,2001 Subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AGREEMENT WITH RBF CONSULTING FOR THE COMPLETION OF THE FACILITIES PLAN FOR THE RECYCLED WATER INDUSTRIAL PROJECT, DP 7201 provide cost effective recycled water to industries. The Regional Water Quality Control Board continues to promote water recycling to meet the Clean Water Act's goal to eliminate discharges to waters of the United States. In 1988, the District and CCWD completed a project that demonstrated that reclaimed water can be produced at a quality suitable for cooling water use by delivering over 100 million gallons of recycled water to the industries for cooling water purposes. In 1991, additional recycled water was delivered to Shell and Tosco during water curtailment periods caused by the drought. On November 2, 1994, the District and CCWD entered into a General Agreement for Recycled Water that removed institutional barriers to developing recycled water projects in the future. The Recycled Water Industrial project is a high priority project in the Recycled Water Capital Improvement Budget. The Industrial Demonstration project has the potential to provide a significant amount of recycled water to a nearby industry while generating a positive revenue stream. The two main components for the completion of the Recycled Water Industrial Project involve solving the technical issues to supply suitable water for the industry needs and to reach an agreement with Contra Costa Water District that allows the purveyorship of recycled water to the industry. The ultimate goal is to supply up to 8 million gallons per day of recycled water for process cooling at the nearby Ultramar petroleum refinery. Ultramar has sent a letter declaring their support for this project (Attachment 1). This project will prepare a facilities plan that will detail the industrial recycled water client needs, the facilities needed to meet water quality objectives for supplying recycled water, and an economic analysis of the project. A business plan will also be prepared under this agreement for Board approval to be presented to CCWD as part of the requirements in the General Agreement for Recycled Water. The General Agreement between CCCSD and CCWD established a process so that CCCSD may provide recycled water service within the CCWD service area. CCWD has declined participation in the planning phase of the project (see Attachment 2). A formal selection process was used in accordance with Engineering Department guidelines to select the consultant. The District issued a Request for Proposals to four consulting firms with specialized expertise in this area on March 6, 2001 to complete the Facilities Plan for the Recycled Water Industrial Project. A total of three proposals were received on March 29, 2001. Two firms were selected for follow-up interviews, RBF 5/17/01 U:IPPrISusanW\Ppr ReWlndPP7201 JP.wpd Page 2 of 5 POSITION PAPER Board Meeting Date: May 24, 2001 Subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AGREEMENT WITH RBF CONSULTING FOR THE COMPLETION OF THE FACILITIES PLAN FOR THE RECYCLED WATER INDUSTRIAL PROJECT, DP 7201 Consulting and RMC Consulting Engineers. The evaluation team has selected RBF Consulting to complete the Recycled Water Industrial Demonstration Project Facilities Plan and has negotiated a Scope of Work to complete the project. RBF has experience in recycled water projects throughout California and also has expertise in handling complex water issues in this state. RECOMMENDED BOARD ACTION: Authorize the General Manager to execute an agreement with Consultant for $165,000 for the Facility Plan completion for the Recycled Water Industrial Project. 5/17/01 U:\PPr\SusanW\Ppr ReWlndPP7201 JP.wpd Page 3 of 5 ATTACHMENT 1 Ultramar Inc. Golden Eagle Refinery 150 Solano Way Martinez. CA 94553.1487 (925) 228-1220 March 13,2001 Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94533 Attention: Ms. Ann Farrell Director of Engineering SUBJECT: Recycled Water Dear Ms. Farrell: This letter is to extend our support for Central Contra Costa Sanitary District's effort to provide recycled water for cooling tower makeup at the Golden Eagle Refinery. As previously indicated to your staff, the recycled water must conform to the following general guidelines: . Provide a reliable and uninterrupted source of supply . Meet industry-accepted water quality criteria for cooling tower makeup . Offer acceptable commercial terms We would also like to thank Joe Pomroy and Jade Sullivan for meeting with us. Please continue to keep us updated with your progress. We look forward to working with you on this project. In the meantime, if you need any additional information, please feel free to call YusufBaxamusa at 925-372-3092. Very truly yours, a4vd~ Alan A. Savage Technical Services Manager Y AB\1bp fiLi,"',',' it" :,~-----------~-----"'~ Ii i! 1:- '" " - I ;; ~,' ..:.. . '. : - ; ; /( ,;ilr;:~-'-:"~~cn-'" , '-. U ,t. ',', " f...- ! :~t.. : I L I --..- - - , - (g:lengrsec...\genera/9'ab-O/OJ,doc) ____.. '. .J . II Ao "hme, D~~od Shem,ock Comooo, BEACON #] 011;illl\ ;\Ild ',On! Page 4 of 5 ....~ CONTRA COSTA WATER DISTRICT ATTACHMENT 2 - - 1331 Concord Avenue P.O. Box H20 Concord, CA 94524 (925) 688-8000 FAX (925) 688-8122 February 26, 2001 Directors James Pretti President Ann Farrell, Director of Engineering Central Contra Costa Sanitary District 5019 Imhoff Place Noble O. Elcenko, D.C. M' CA 94553 Vice President artmez, Elizabeth R. Anello Bette Boatmun Subject: Joseph L. Campbell Planning Study for Potential Industrial Recycled Water Project - Contra Costa Water District Participation Walter J. Bishop General Manager Dear Ms. Farrell: We thank you for your letter of February 1, 2001 in which Central Contra Costa Sanitary District (CCCSD), in compliance with the provisions of the General Agreement for Recycled Water between the districts, is inviting Contra Costa Water District (CCWD) to participate in a joint planning study for a potential industrial recycled water project. The Study cost is estimated at $200,000. The potential project involves delivering up to 8.0 million gallons per day (mgd) of recycled water meeting industrial cooling water quality requirements to the Ultramar Golden Eagle Refinery (formerly Tosco) in Martinez, California. In accordance with General Agreement Clause 7 .a.( 1), CCWD declines to participate jointly with CCCSD in planning study at this time. However, we request that CCCSD include CCWD staff in any meeting you may have with the industries/consultant, and keep us apprised of the progress of the Study. CCWD will evaluate the project further once the business plan is submitted by CCCSD for a joint project participation. A list of some of the issues which need to be addressed in the planning study is included in Attachment 1. In the meantime, if you have any questions, please call me at (925) 688-8100. A~~ Greg Gartrell . Director of Planning Attachment: List of issues to be addressed in the planning study Page 5 of 5 Central Contra Costa Samtary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: May 24, 2001 No.: IO.a. TREATMENT PLANT Type of Action: AUTHORIZE ESCROW ACCOUNT Subject: AUTHORIZE THE GENERAL MANAGER TO TRANSFER $600,000 FROM AN OPERATIONS AND MAINTENANCE ACCOUNT TO AN ESCROW ACCOUNT FOR LANDFILL GAS PAYMENTS Submitted By: James L Belcher, Senior Engineer Initiating Dept./Div. : Plant Operations Department/Maintenance REVIEWED AND RECOMMENDED FOR BOARD ACTION: dUlYJ,At< &J~ J. Kelly D. Ratcliff r'./; ';/"~'} ir7; '7, J.-:,S,-l:! ~~ K. Aim ISSUE: On May 16, 2001, the District received invoices from NEO for landfill gas consumed from August 1, 2000, through March 2001. There are claims and counterclaims between Acme Fill Corporation (Acme) and NEO with regard to financial issues, including entitlement to the District's landfill gas payments. The District also disputed the amount of funds due, and seeks to pay the undisputed amount into an escrow account to be held for payment to Acme or NEO upon Court Order or pursuant to agreements between the parties. RECOMMENDATION: Authorize the General Manager to transfer $600,000 from the Plant Operations Department's landfill gas account (001-0420-730-05-03) to an escrow account. FINANCIAL IMPACTS: None at this time. AL TERNA TIVES/CONSIDERA TIONS: Maintain funds in operations and maintenance account, pay amount invoiced by NEO, or pay NEO amount calculated by staff. BACKGROUND: Acme Fill Corporation invoiced the District for consumed landfill gas in July 2000 and was promptly remunerated. In November 2000 Acme invoiced the District for landfill gas usage for August, September, and October 2000. Acme later declined to accept payment, apparently as a result of ongoing disputes between Acme and NEO as to whom should receive the proceeds from the payment. No other invoices were received from August 200 until May 16, 2001. 5/17/01 S:\Correspondence\POSPAPR\2001 \Escrow Account.wpd Page 1 of 2 POSITION PAPER Board Meeting Date: May 24,2001 Subject: AUTHORIZE THE GENERAL MANAGER TO TRANSFER $600,000 FROM AN OPERATIONS AND MAINTENANCE ACCOUNT TO AN ESCROW ACCOUNT FOR LANDFILL GAS PAYMENTS From summer of 2000 to January 2001, the District heard little from NEO. During that period, the District had used the landfill gas in reliance on its understanding that it had a five-year contract for landfill gas with NEO pursuant to terms agreed to by NEO in summer 2000 and approved by this Board on September 7, 2000. Earlier this year NEO revealed that it would not honor the previously negotiated contract and indicated that the contract would have to be substantially modified (adversely to the District) or NEO would terminate its relationship with Acme and the District. All prior relationships between Acme, NEO, and the District are to terminate on May 29, 2001, pursuant to a notice provided by NEO. On May 16, 2001, NEO invoiced the District for landfill gas usage for the months of August 2000 to, and including, March 2001. Using the formula from the Board-approved agreement on September 7, 2000, the invoiced amount would be $521,575. NEO calculated the monthly billings using the formula set forth in the prior 1998 contract with Acme and invoiced the District $657,366. The difference in these two billing amounts is $135,791. District staff has estimated that by the end of May 2001, the value of landfill gas consumed since August 2000 will be approximately 600,000, using the contract rates provided for in the contract negotiated with NEO. Staff believes it was misled to the District's detriment by NEO and feels it would be inappropriate to pay the difference between the amount recently billed and the amount which staff calculated to be due under the rate schedule negotiated with NEO. Moreover, many issues as to the legal relationship between the parties remain unresolved, including which company should ultimately receive the payment. Staff seeks to avoid becoming embroiled in a commercial dispute between Acme and NEO and, therefore, proposes to place this $600,000 payment amount in an interest-bearing escrow account to be held until the District receives a Court Order or written concurrence of the parties, or convincing evidence as to its appropriate disposition. RECOMMENDED BOARD ACTION: Authorize the General Manager to transfer $600,000 from the Plant Operations Department landfill gas account (001-0420-730-05-03) to an escrow account. 5/17/01 S:\Correspondence\POSPAPR\2001 \Escrow Account.wpd Page 2 of 2 May 24. 2001 11.a. CORRESPONDENCE Page 1 of 2 Note receipt of letter dated May 2, 2001 from Charles Beesley of Contra Costa Mosquito & Vector Control District May 2, 2001 ~~@~DW~[Q) MAY 08 2001 (.;(,;cso Sr:CRETARY OF THE DISTRICT Barbara D. Hockett, President Board of Directors Central Contra Costa Sanitary District 5019 Imhoff PI. Martinez, CA 94553 SUBJECT: LETTER OF APPRECIATION Dear Ms. Hockett: This is just a short letter to say many thanks for your letter dated April 5, 2001 regarding my years of service at the Contra Costa Mosquito & Vector Control District, and with state and local independent special districts. It was a great pleasure to serve the local community through a county-wide public health agency. If I only learned one thing during my career in local government, it is my full appreciation for the community of independent special districts, and how well they serve the local community. If I can ever be of assistance to Central Contra Costa Sanitary District, please feel free to contact me. Sincerely ,aJU1 Charles Beesley 106 EI Portal Place Clayton, Ca 94517 925-672-2493 ccsanapp. wps Page 2 of 2 Central Contra Costa Samtary District BOARD OF DIRECTORS POSITION PAPER Board Meeting D8te: May 24, 2001 No.: 14.a. BUDGET AND FINANCE TYfJ8 of Action: BUDGET REVIEW Subject: RECEIVE THE 2001-2002 OPERATIONS AND MAINTENANCE BUDGET Submitted By: Debbie Ratcliff, Controller Initiating Dept./Div.: Administrative/Finance and Accounting G. Davis REVIEWED AND RECOMMENDED FOR BOARD ACTION: LJ~ D. Ratoilff ~cp- ISSUE: The 2001-2002 Operations and Maintenance (O&M) Budget is being submitted for review at the May 24, 2001 Board Meeting, and is scheduled for approval at the June 7, 2001 Board Meeting. RECOMMENDATION: Review the 2001-2002 O&M Budget and provide District staff with comments and guidance leading to the approval of the Budget at the June 7, 2001 Board Meeting. FINANCIAL IMPACTS: The 2001-2002 O&M Budget is based on a $24 rate increase in the Sewer Service Charge allocating $19 to Operations and Maintenance and $5 to the Sewer Construction Fund to partially offset the $16 that was transferred to O&M last year. This increase in the Sewer Service Charge (SSC) of $24 results in total O&M revenues of $40,991,600. Total O&M expenses are budgeted to be $40,209,305 which will result in a budgeted increase to reserves at fiscal year end of $782,295, for a projected reserve balance at June 30, 2002 of $4,378,512. ALTERNATIVES/CONSIDERATIONS: At the Board workshop in January, different SSC rate scenarios were considered which affect total revenues as well as the fiscal year end reserve balance. If the Board approves an increase in the SSC other than $24, the budget will be modified to reflect the Board's decision and will be re-submitted for approval and adoption at the June 21, 2001 Board meeting. Approval of the budget requires four affirmative votes. BACKGROUND: Attachment I summarizes the O&M revenues, expenses, and reserve balances for the seven fiscal years 1995-1996 through the 2001-2002 budget year, and the related SSC rate and SSC equivalent units for each fiscal year. This position paper focuses on variances between projected 2000-2001 and the proposed 2001-2002 budget, as the projected year end results reflect more accurately the revenues and expenses of the District. The presentation to the Board will focus on changes from last year's budget to this year's proposed budget to provide an additional perspective to the Board. Variance 5/17/01 G:\FINANCE\Reoeive O&M Budget01-02.wpd Page 1 of 5 POSITION PAPER Board MfHJting Date: May 24, 2001 Subject: RECEIVE THE 2001-2002 OPERATIONS AND MAINTENANCE BUDGET explanations between projected 2000-2001 and the proposed 2001-2002 budget are provided below: Revenue: For six consecutive years, the total SSC remained constant at $188. Last year the Board increased the SSC rate by a total of $28 which was a combination of a $12 rate increase and a $16 transfer from Capital leaving $185 of the total $200 for O&M use. The Public Hearing to determine the SSC increase is scheduled for June 7, 2001; therefore, the attached draft budget includes a budget assumption which increases the SSC to $224, allocating $19 to O&M and reimbursing $5 to the Sewer Construction Fund to partially offset the $16 that was transferred to O&M last year. Therefore, the draft O&M Budget for Fiscal Year 2001-2002 was calculated using the $204 ($185 + $1 9 = $ 204) SSC allocation to O&M. Total District O&M revenue for fiscal year 2000-2001 is projected to be $37,332,556 compared to 2001-2002 budgeted revenue of $40,991,600, resulting in an increase of $3,659,044, or 9.8%. This positive variance is mainly due to an increase of $19 in sewer service charge revenues from the proposed $24 rate increase amounting to $2,778,500 to O&M and an increase of $850,000 in projected revenue from the City of Concord for shared treatment expenses due to higher energy costs. The approved rates and charges increase of 9.7% was included in the other revenue categories. District Expense: Total District expenses are projected to be $37,661,962 in 2000-2001 as compared to a budget of $40,209,305 in 2001-2002. This reflects a $2,547,343 or 6.76% increase in expense. This increase mainly resides in the areas of salary, benefits, and utilities. Salaries: · District O&M Salaries are projected to be $15,461,285 in 2000-2001 as compared to a budget of $16,483,922 in 2001-2002 resulting in an increase of $1,022,637 or 6.61 %. This increase is mainly due to the general salary increase of 4.5% District-wide and merit increases as newer District employees progress within their salary ranges. A salary vacancy factor was budgeted District-wide in the amount of < $495,000> to account for delays in filling positions. The budgeted salary figures noted above are reduced by this vacancy factor. Benefits: . District O&M benefits for 2000-2001 are projected to be $7,200,828 in 2000- 2001 as compared to a budget of $7,844,105 in 2001-2002 resulting in an increase of $643,277 or 8.9%. The major factors contributing to this increase are: the general cost of living adjustment which increases all salary-driven benefit costs (Le., retirement, medicare tax, deferred compensation), retiree health, dental and life insurance costs (increased by $208,034) in addition to the same benefit 5/11/01 G:\FINANCE\Receive O&M BudgetOl-02.wpd Page 2 of 5 POSITION PAPER Board Meeting Date: May 24, 2001 Subject: RECEIVE THE 2001-2002 OPERATIONS AND MAINTENANCE BUDGET expense for the new employees who replace their vacated positions, a 9.95% increase in HealthNet rates, a 7.44% increase in Kaiser rates for active employees (increase in Kaiser rates for retirees averaged 35%), a 10% anticipated increase to Delta Dental rates, and a 35% rate increase (rates and experience modification factor combined) in Workers' Compensation due to serious claims. This year, we initiated and budgeted a "benefit vacancy factor" in the amount of < $230,000> to account for delays in filling positions which would result in benefit savings. Significant increases from projected 2000-2001 to budget 2001-2002 by benefit type are listed below: Retirement Contribution - increase of $422,080. This is the first year in recent history that we have definitively known that there would be no rate increase for the following budget year. Rates will remain the same as the 2000-2001 rates; therefore, this increase reflects current rates applied to an increased salary base. Medical & Health Care Insurance - increase of $298,216 Dental Insurance - increase of $65,252 life Insurance - increase of $30,388 Workers' Compensation Insurance - increase of $26,271 All others - increase of $31,070 Total Benefits decreased by $230,000 vacancy factor · Capitalized Administrative Overhead, which is charged to Capital Projects and credited to O&M expense, is projected to be < $1,209,837> in 2000-2001 as compared to a 2001-2002 budget of < $1,287,606> for an additional cost transfer from O&M to Capital of $77,769 or 6.43%. This is mainly due to the 4.5% cost of living adjustment. Utilities: Utility Expenses are projected to be $5,220,974 in 2000-2001 compared to a budget of $6,478,500 in 2001-2002 resulting in an increase of $1,257,526 or 24.09%. The vast majority of this variance is due to the recent unprecedented increase in the price of natural gas which is expected to continue throughout the 2001-2002 fiscal year. Minor increases in telephone, landfill gas, and electrical cost are also anticipated. All Other: All other expenses combined decreased by $298,328 from projected 2000-2001 to budget 2001-2002: · Chemicals decreased by $19,000 mainly from fewer shutdowns at the Plant resulting in less usage of lime and hydrogen peroxide. · Repairs and Maintenance decreased by $142,109 mainly due to a non-routine expenditure of $100,000 for cleaning the sludge blending tank incurred in 2000- 5/17/01 G:\FINANCE\Receive O&M BudgetOl-02.wpd Page 3 of 5 POSITION PAPER Board Meeting Date: May 24, 2001 Subject: RECEIVE THE 2001-2002 OPERATIONS AND MAINTENANCE BUDGET 2001, not expected to recur. An additional $60,000 in savings is expected from less furnace repair work anticipated in 2001-2002 than was experienced during the current fiscal year. . Hauling & Disposal decreased by $36,857 resulting from not budgeting a $35,000 expense for the disposal of construction spoils incurred during 2000-2001. . Other Expenses decreased by $131,409 largely due to no election expense next year. These savings were offset by an increase in: . The O&M contribution to the Self-Insurance Fund increased by $25,000 due to actuarial review of the SII fund. Any revisions to the 2001-2002 O&M Budget determined at the May 24, 2001 Board Meeting will be incorporated in the Budget submitted for approval at the June 7, 2001 Board Meeting, at which the following actions are scheduled: . Conduct a public hearing for the establishment of the 2001-2002 Sewer Service Charge rate. . Conduct a public hearing for the collection of the 2001-2002 Sewer Service Charges on the County Tax Rolls. . Conduct a public hearing for the collection of delinquent 1997-1999 Sewer Service Charges on the County tax rolls. . Approve the 2001-2002 O&M Budget, incorporating the established Sewer Service Charge rate. 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O&M Revenues, Expenses, and Reserves Fiscal Year 1999-2000 through 2001-2002 (000 Omitted) Central Contra Costa Sanitary District 1999-2000 Current 2001-2002 Actual 2000-2001 Budget Revenues: Sewer Service Charge $23,166 $27,688 $30,467 City of Concord 5,342 6,300 7, 1 50 Other 3,272 3,345 3,375 Total Revenues 31,780 37,333 40,992 Expenses: Total Net Expenses 33,579 37,662 40,209 Fund Balance-Beginning of year 5,725 3,926 3,597 Revenues Over Expenses (1,799) (329) 782 Fund Balance - End of Year 3,926 3,597 4,379 Sewer Service Charge Rate (O&M portion only) $157 $185 $204 Total Sewer Service Charge $188 $200 $224 Sewer Service Equivalent 149,346 Operating and Maintenance 2000-01 Budget Compared to 2001-02 Budget Central Contra Costa Sanitary District 2000-01 Budget 2001-02 Budget % Increase Revenues $36,372,056 $40,991,600 12.7% Expenses 35,861,186 40,209,305 12.1 % Revenues over Expenses ~ $782,295 Fund Balance 6/30/02 $4,378,512 Key labor Costs (000 Omitted) Central Contra Costa Sanitary District 2000-01 Budget 2001-02 Budget Increase (Decrease) Salaries & Wages $16,174 $1 6,484 $310 Retirement 3,256 3,298 42 Medical Insurance 1 ,944 2, 182 238 Dental Insurance 481 537 56 Workers Compensation 177 234 57 Vacancy Factor 0 (230) (230) Capitalized Adm. Overhead (1,287) (1 ,287) 0 All Other 1,787 1 ,822 35 Total Labor Costs $22,532 $23,040 $508 Key Increases 2000 - 01 Budget to 2001 - 02 Budget Central Contra Costa Sanitary District Dollar Increase % Increase 2000 - 2001 Budget $35,861,000 Salaries 310,000 1 .9 Benefits 199,000 3.1 Chemicals 102,000 12.2 Utilities 3,452,000 114.0 Repairs & Maintenance 144,000 6.0 Outside Services 217,000 10.5 Self Insurance 25,000 14.3 Materials & Supplies 1 21 ,000 10.3 All Other (savings) (222,000) (8.3) 2001 - 2002 Budget $40,209,000 12.1 S:\K.ytnc'.....OG-Ol.01.02.wpd