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Home My WebLink AboutAGENDA BACKUP 05-07-98 ~. Central Contra Costa Sanitary District BOARD OF DIRECTORS Page 1 of 2 BOARD MEETING OF NO. May 7, 1998 4. CONSENT CALENDAR i DATE TYPE OF ACTION April 29, 1998 ACCEPT GRANT OF EASEMENT SUBJECT ACCEPT A GRANT OF EASEMENT FROM CONTRA COSTA COUNTY FOR A SANITARY SEWER EASEMENT ON PARCEL 48 OF THE FORMER SOUTHERN PACIFIC RAILROAD RIGHT OF WAY THROUGH THE TOWN OF DANVILLE, DP 4224 SUBMITTED BY Ricardo Hernandez, Engineering Assistant INITIATING DEPT/DIV Engineering/Infrastructure ISSUE: Board approval is required for the District to accept Grants of Easements. BACKGROUND: At a previous meeting, the Board approved a subordination agreement with Contra Costa County related to easement rights across the northern half of Parcel 48. The action proposed in this position paper is analogous and relates to the granting of an easement for the District's existing interceptor located in the southern half of Parcel 48. Parcel 48 is a parcel of land that was once a portion (Danville Station) of the former Southern Pacific Railroad (SPRR) corridor from Concord to San Ramon (see attached location map). Although the individual parcels of land comprising this corridor were purchased by the District and the County of Contra Costa (County) in 1985, SPRR retained ownership of Parcel 48. The District's interest in this corridor was existing sewers and planned construction such as the San Ramon Interceptor, Walnut Creek Bypass, and the future A-Line Relief Interceptor. The County's interest in the corridor was for a future light rail transit system. SPRR kept Parcel 48 with intentions of future development or a sale. The Town of Danville successfully condemned the northern half of Parcel 48 in 1 989 and granted an easement to the District over their portion of this property. The subject easement will accommodate an already built segment of the San Ramon Interceptor through the southern portion of Parcel 48 in the Town of Danville. Property rights issues with SPRR prevented the District from obtaining the easement prior to construction, and litigation between the SPRR and the County delayed the transaction further. However, provisions were made with SPRR and the County to allow for the construction of the interceptor and the granting of an easement after certain property rights issues were resolved between SPRR and the County. These issues have been resolved, and the County, having obtained the right to do so from SPRR, has granted the District a no-cost, 15-foot-wide easement per our agreement with them. This Grant of Easement was addressed in the Southern Pacific Transportation Company Railroad Right-of- Way Acquisition Negative Declaration approved by the District's Board on December 5, 1985. RECOMMENDATION: Accept the Grant of Easement from Contra Costa County, and authorize staff to record said Grant of Easement with the Contra Costa County Recorder. 1/11 INITIATING DEPARTMENTIDIVISION €.- CWS JSM H:\PP\SPRREASEWPD QUI . \ \ :;u t,OWN P DA~.fILLf. :;u 0 \ 0 ~STlNG ("T1 SD r E~SEI.IENT 0 \ :;0 C J:> .... 0 \q 0 .:0 \~ \ ~ -- DRAWN BY: CHECKED BY: THOMAS BRO.: JOB NO.: GAR SCALE: DATE: RH 98C2 4224 CO. ASSMT. NO.: PARCEL NO.: 4/23/98 208-340-004 48 1"-200' ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS Page 1 of 3 DATE April 23, 1998 SUBJECT BOARD MEETING OF NO. May 7, 1998 4. CONSENT CALENDAR j. TYPE OF ACTION ACCEPT ANNEXATION FOR PROCESSING AUTHORIZATION FOR P.A. 98-5 (DANVILLE) AND 98-6 (ALAMO) TO BE INCLUDED IN A FUTURE FORMAL ANNEXATION TO THE DISTRICT SUBMITTED BY Dennis Hall, Associate Engineer Parcel No. Area 98-5 Danville 78B6 (5007) 98-6 Alamo 77E3 INITIATING DEPT/DIV Engineering Department/Infrastructure Division Owner/Address Parcel No. & Acreage Arthur S. & Sally A. Panella 35 Kemline Ct. Alamo, CA 94507 197-150-043 (1.59 Ac.) Remarks Lead Agency Property owner will build one single-family residence and connect to the public sewer. Project is exempt from CEOA. CCCSD Michael D. Williams 1431 Cedar Lane Alamo, CA 94507 192-041-004 (0.5 Ac.) Property owner will build one single-family residence and connect to the public sewer. Project is exempt from CEOA. CCCSD RECOMMENDATION: Authorize P.A. 98-5 and 98-6 to be included in a future formal annexation. INITIA2J~M~NT/D;I~ , DH H :\PP\Annx98-5 .dh. wpd Jlft/ JSM 8/6/96 @ 64 U SHANKAR 95-221452 P.A.97-7 Approved for annexation 9-04-97 d for ro"e 97 -8 APP 9-18-97 ~ P .A. exation ...- ann - PROPOSED ANNEXATION - P .A. 98~5 - ~ 77 I ---.J Ir ~ 11 PROPOSED ANNEXATION P .A.98-6 "- , / ,_....~~f' Ak Central Contra Costa Sanitary District BOARD OF DIRECTORS \i~I:"'.:."':'m.i!ij'j'}:I.:.::::.t:.ml5i!!jjj,tttt BOARD MEETING OF ':':':'m"':'" 'If If Rill.:':':': JBE:E:Dr:':':':':':': M 7 1998 ;if:))}::::;;;;;::/::::;;;::;::;:::::\:/\),::;;;;;;;:)::,},,:::::}\/::\;:,{:\,:;:,:,j,:r,;:;:;;;;;;;;;:;)\:);ii}i:i ay, Page 1 of 2 NO. 4. CONSENT CALENDAR k. DATE TYPE OF ACTION April 21, 1998 INFORMATIONAL SUBJECT ADVISE BOARD OF THE CLOSE OUT OF THE M2-A FORCEMAIN REHABILITATION PROJECT, DISTRICT PROJECT 5225 SUBMITTED BY Ron Klimczak, Senior Engineer INmA T1NG DEPTIDIV Engineering Department/Plant Engineering Division ISSUE: All work has been completed on the M2-A Force Main Rehabilitation Project, District Project 5225, and this project can now be closed out. BACKGROUND: The M2 system, which conveys wastewater from Maltby Pumping Station to the District's treatment plant, consists of two force mains. The original force main (M2-A) was constructed in 1970 with reinforced concrete-coated steel cylinder (steel) pipe. A second force main (M2-B) was constructed in 1991 with high density polyethylene (HDPE) pipe. As part of the M2-B project, a portion of the existing M2-A steel pipe was replaced with HDPE pipe. Severe corrosion problems in a section of the remaining steel pipe located at the north end of Basin C rendered the M2-A force main inoperable as of Summer, 1997. The work completed under this project included replacement of an approximately 200 lineal foot section of corroded M2-A steel pipe force main using HDPE pipe. Various existing surface improvements, including a section of the Basin C levee, were removed and subsequently restored upon completion of the pipe installation work (see Attachment 1 for project location). Additional information can be found in the 1997-98 Capital Improvement Budget (CIB) on pages CS-69 through CS-70. The Board of Directors authorized award of the construction contract to D. R. Lemmings Construction Company of Concord, California on August 7, 1997. The contractor was issued a Notice to Proceed, effective September 2, 1997, with a required contract completion date of December 31, 1997. The District took beneficial use of the restored M2-A force main on November 3, 1997, with all work being substantially completed on November 18, 1997, approximately six weeks prior to the required project completion date. The Board of Directors accepted the project on December 4,1997. The D. R. Lemmings Construction Company's original construction contract was for $246,725. There were two (2) change orders issued on the project totaling $18,638 (7.6 percent of contract value). The total contract amount paid to D. R. Lemmings Construction Company was $265,363. The total budget for the project was $378,000. The total completed project cost is $348,000. Staff is closing out the project account, which will result in $30,000 being returned to the Collection System Program. RECOMMENDATION: This item is presented to the Board of Directors for information. No action is necessary . RSK L:\Position Papers\KLlMCZAK\5225CLOSE.wpd 4/8/98 PAGE 2 OF 2 ATTACHMENT 1 PROJECT LOCATION ~ N , o I 1000 FEET ~ J J i\l>IOff oR Central Contra Costa Sanitary District ATTACHMENT M2-A FORCE MAIN REHABILITATION PROJECT DISTRICT PROJECT 5225 PROJECT LOCATION 1 PEO\L :\PositionPapers\Klimcza k\5 22 5attach. wpd ~ Central Contra Costa Sanitary 'District BOARD OF DIRECTORS 1111111111..111:11111.11:111:111111:1111 BOARD MEEn~;~ 7, 1998 Page 1 of 2 NO. 4. CONSENT CALENDAR 1. DATE TYPE OF ACTION April 21, 1998 INFORMATIONAL SUBJECT ADVISE BOARD OF THE CLOSE OUT OF THE HEADWORKS FACILITIES ENHANCEMENTS PROJECT, DISTRICT PROJECT 7177 SUBMITTED BY Ron Klimczak, Senior Engineer INITIATING DEPTIDIV Engineering Department/Plant Engineering Division ISSUE: All work has been completed on the Headworks Facilities Enhancements Project, District Project 7177, and this project can now be closed out. BACKGROUND: Following completion of the Headworks Facilities Improvements Project in December 1994, District staff identified enhancements that were needed to improve overall system reliability or promote worker safety. The scope of the work completed under the Headworks Facilities Enhancements Project included installation of cover plates over the openings provided for future barscreens, drains on compressors located near the odor control scrubbers, a cover with perimeter handrail for the bypass structure, lifting mechanisms for the manual barscreens, acoustical panels to reduce the noise level in the influent pump room, a backup air compressor for the influent bubbler system, and pressure/vacuum relief at bypass piping overflow structure D (see Attachment 1 for project location). Additional information can be found in the 1997-98 Capital Improvement Budget (CIB) on pages TP-1 0 through TP-12. The Board of Directors authorized award of the construction contract to Kaweah Construction Co. Of Fresno, California, on June 5,1997. The contractor was issued a Notice to Proceed, effective July 21, 1997, with an original contract completion date of November 18, 1997. The completion date was subsequently extended to December 11, 1997 to provide time for the contractor to complete additional contract work. All work was completed prior to the required contract completion date. The Board of Directors accepted the project on January 8, 1998. The Kaweah Construction Company's original construction contract was for $163,700. There were three (3) change orders issued on the project totaling $5,515 (3.4 percent of contract value). The total contract amount paid to Kaweah Construction Company was $169,215. The total budget for the project was $280,000. The total completed project cost is $238,000. Staff is closing out the project account, which will result in $42,000 being returned to the Treatment Plant Program. RECOMMENDATION: This item is presented to the Board of Directors for information. No action is necessary . INITIATING DEPARTMENTIDIVISION B RSK L:\Position Papers\KLlMCZAK\7177close.wpd 4/8/98 PAGE 2 OF 2 ATTACHMENT 1 ~ N , 0 500 I FEET PROJECT LOCATIONS .z. ~"?: ~i 'f--::A o Central Contra Costa Sanitary District HEADWORKS FACILITIES ENHANCEMENTS PROJECT DISTRICT PROJECT 7177 PROJECT LOCATION ATTACHMENT 1 PED\L:\PositionPapers\ 7177 Attach. wpd ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS Page 1 of 8 BOARD MEETING OF NO. May 7, 1998 4. CONSENT CALENDAR m. TYPE OF ACTION DATE April 22, 1998 CONFIRM ASSESSMENTS SUBJECT CONFIRM FINAL ASSESSMENTS FOR THE LEONA COURT CONTRACTUAL ASSESSMENT DISTRICT NO. 97-2 SUBMITTED BY Jay S. McCoy, Environmental Services Division Manager INITIATING DEPT/DIV Engineering Department/Environmental Services Division ISSUE: Work has been completed on the Leona Court Contractual Assessment District No. 97-2 (C.A.D. No. 97-2), and final assessments can be established. BACKGROUND: The Board of Directors ordered improvements for the Leona Court C.A.D. No. 97-2 at its meeting held on November 6, 1997. The work to install the improvements has been completed, and the final costs are known. The final costs are shown in Exhibit A. Based on these final costs, the final assessments for each property have been determined and appear as Exhibit B, Assessment Roll. The Board is requested to confirm these final assessments and to authorize a Notice of Assessment to be recorded. A resolution has been prepared, which, if adopted, will confirm assessments and authorize the recording of the Notice. This resolution is included as Exhibit C. RECOMMENDATION: Adopt a resolution confirming final assessments and authorizing a Notice of Assessment to be recorded in the office of the County Recorder for the Leona Court C.A.D. 97-2. N H:\JA Y\LEONACD2\FINASSESS.PP EXHIBIT A LEONA COURT CONTRACTUAL ASSESSMENT DISTRICT NO. 97-2 FINAL COSTS ITEM QUANTITY / AMOUNT UNITS Private Construction 400 feet of 8-inch sewer, one standard manhole, four 4-inch laterals 1 lump sum $ 48,300 Private Engineering Survey and Design 1 lump sum 2,200 District Services Plan Review 1 lump sum 600 Construction Inspection 1 lump sum 1,705 Administrative Charges 1 lump sum 1.500 District Costs Subtotal 3.805 TOTAL PROJECT COST (CONSTRUCTION + $ 54,305 PRIVATE ENGINEERING + DISTRICT) H:\JA Y\LEONACD2\FINASSESS.PP -~."_.._~-------------,_._--<-"~._._--'--'-_."----~~.- EXHIBIT B LEONA COURT CONTRACTUAL ASSESSMENT DISTRICT C.A.D. NO. 97-2 ASSESSMENT ROLL TAX ROLL ASSESSMENT ASSESSMENT PARCEL AMOUNT PREPAID AMOUNT* NUMBER DESCRIPTION (10-YR EQUAL PAYMENTS) 1 201-010-011 $1,864.80 $13,576.25 2 201-010-014 $1,864.80 $13,576.25 3 201-010-017 $1,864.80 $13,576.25 4 201-010-018 $1,864.80 $13,576.25 * Does not include reserve fund. H:\JA Y\LEONACD2\FINASSESS.PP ,."....-----------"--~_."."-~,.'"_._"'_.,.._~~- EXHIBIT C RESOLUTION NO. RESOLUTION CONFIRMING FINAL ASSESSMENTS AND AUTHORIZING RECORDING DEMONSTRATION PROJECT - LEONA COURT CONTRACTUAL ASSESSMENT DISTRICT NO. 97-2 The Board of Directors of the Central Contra Costa Sanitary District resolves: This Board has taken a series of actions preliminary to establishing final assessments for the Demonstration Project - Leona Court Contractual Assessment District No. 97-2, Central Contra Costa Sanitary District, Contra Costa County, California, and now makes the following findings and orders: 1. Pursuant to Resolution No. 97-150, the Board approved a map showing the boundaries of the land benefitted by the proposed improvement. A copy of the boundary map was filed in the office of the County Recorder of the County of Contra Costa on the 18th day of September, 1997, on page 13 in Book 61 of Maps of Assessment and Community Facilities Districts. 2. The Board adopted its Resolution of Intention (Resolution No. 97-141) to order the improvement described therein under the Municipal Improvement Act of 1911, and directed Jay S. McCoy, Infrastructure Division Manager, as the Engineer of Work for the Assessment District, to prepare the report required by Section 5989.22 of the Streets and Highways Code. H :\JA Y\LEONACD2\FINASSESS.PP Resolution No. Page 2 The improvement is generally described as follows: Construction and installation of approximately 400 linear feet of sanitary sewer line, together with appurtenant work and facilities located at Leona Court in Alamo, California. 3. The Board established November 6, 1997, as the date for a public hearing to create the Leona Court Contractual Assessment District No. 97-2. 4. The owners of record were provided ballots 45 days before the hearing on which owners could indicate approval of or opposition to the imposition of assessments. 5. The Board of Directors conducted a public hearing on November 6, 1997, pursuant to Section 5898.26 of the Streets and Highways Code and gave every person present an opportunity to comment on and object to the proposed Contractual Assessment Program, the improvement and the extent of the Assessment District. 6. The Board found that no written protests against the proposed improvement were made by owners representing more than one half of the area of the land to be assessed for the improvement. All of the owners of record voted to approve the imposition of assessments. H:\JA Y\LEONACD2\FINASSESS,PP -----_.-,--~,-----------~---_.~_.-.,_._-_..,_.""-----'-'.~_..,.,_.._._-~-,--_.---_._--~._..,- Resolution No. Page 3 7. The Board approved the Engineer's Report and each component part of it, including each exhibit incorporated by reference in the report, one of which was a table of estimated assessments. 8. The Board found that the Engineer of Work, in the Engineer's Report, fairly and properly apportioned the cost of the improvement to each parcel of land in the Assessment District in compliance with the Agreement between the owners and District and in proportion to the special benefits derived by each parcel, in relationship to the entirety of the capital cost of the improvement. The Agreement, within which the owners voluntarily and unanimously agreed to the imposition of an assessment, was attached as an exhibit to the Engineer's Report and was incorporated by reference. 9. Lastly, the Board ordered the improvement described in paragraph 2 and as detailed in the Engineer's Report. 10. The work on the improvement has been completed pursuant to a private agreement entered into by the owners, and was accepted on March 12, 1998. The final costs for the improvement have been determined; the final assessments for each property have been determined; and a Notice of Assessment will be sent to each property owner after the Board confirms the final assessments. H :\JA Y\LEONACD2\FINASSESS. PP Resolution No. Page 4 11 . The final assessments for each property appear on the Assessment Roll. The Board hereby confirms and levies each individual final assessment as stated in the Assessment Roll. 12. Payment of all or any part of such final assessments may be made at the office of the Controller, Central Contra Costa Sanitary District, 5019 Imhoff Place, Martinez, California 94553. The deadline for receipt of such payment by the Controller is the close of business on June 5, 1998. Thereafter, unpaid assessments will be payable in yearly installments of principal and interest at 6.68 percent compounded annually over a period of ten (10) years. H:\JA Y\LEONACD2\FINASSESS.PP Resolution No. Page 5 PASSED AND ADOPTED this 7th day of May, 1998, by the Board of Directors of the Central Contra Costa Sanitary District by the following votes: AYES: Members: NOES: Members: ABSENT: Members: COUNTERSIGNED: Joyce E. Murphy Secretary, Central Contra Costa Sanitary District, County of Contra Costa, State of California APPROVED AS TO FORM: James Nejedly President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California H:\JA Y\LEONACD2\FINASSESS.PP Kenton L. Aim, District Counsel ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS Page 1 of 1 May 7, 1998 NO. 4. CONSENT CALENDAR n BOARD MEETING OF DATE TYPE OF ACTION April 29, 1998 SET HEARING DATE SUBJECT SET THE FIRST BOARD MEETING IN JUNE 1998 AS THE DATE FOR HOLDING A PUBLIC HEARING TO ESTABLISH REIMBURSEMENT FEES FOR THE LEONA COURT CONTRACTUAL ASSESSMENT DISTRICT NO. 97-2 SUBMrrrED BY Jay S. McCoy, Environmental Services Division Manager INITIATING DEPT/DIV Engineering Department/Environmental Services Division ISSUE: A public hearing is needed to establish fees. BACKGROUND: The work to install sewer improvements in Leona Court through the Leona Court Contractual Assessment District (C.AD.) No. 97-2 has been completed. The final assessments for the four participating property owners are being established by the Board today by separate action. There are four other property owners on Leona Court who may connect their homes to the sewer built under Leona Court C.AD. No. 97-2. These owners have not participated in paying for the sewer improvements. They are categorized as nonparticipants. If and when these nonparticipants connect their homes to the sewer in Leona Court, a reimbursement fee will be collected from each of them. The reimbursement fees will equalize the investment in, and fairly and equitably distribute the cost of, the sewer improvements in Leona Court between the participating and nonparticipating owners. The establishing of the reimbursement fees must be done by the Board in conjunction with a public hearing. This position paper recommends that such a public hearing be held on June 4, 1998. RECOMMENDATION: Set the first Board meeting in June 1998 as the date for holding a public hearing to establish reimbursement fees for the Leona Court C.AD. No. 97-2. INITIATIN71J~t JSM H:\JAY\LEONACD2\Set Hearing Reimb Chg.PP.wpd 4/8/98 ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS Page 1 of 1 May 7, 1998 NO. 4. CONSENT CALENDAR o. BOARD MEETING OF April 30, 1998 TYPE OF ACTION SET PUBLIC HEARING DATE DATE SUBJECT SET THE FIRST BOARD MEETING IN JUNE 1998 AS THE DATE FOR A PUBLIC HEARING TO CONSIDER AUTHORIZING THE COLLECTION OF 1998-99 SEWER SERVICE CHARGES ON THE COUNTY TAX ROLL SUBMITTED BY Lesley Klein, Engineering Assistant INITIATING DEPT /DIV Engineering Department/Infrastructure Division ISSUE: The District Code and State of California law require holding a public hearing to authorize the collection of the 1998-1999 sewer service charges on the County tax roll. BACKGROUND: The majority of the District's Operations and Maintenance (O&M) expenses are funded through the collection of sewer service charges. Preparation of the 1998-99 budget is in progress. During the six-month review of the 1997-98 O&M Budget, staff recommended that reserves be used to fund increases in O&M expenses for 1 998-99 so that no increase in the sewer service charge would be needed. On February 19, 1998, the District's Board of Directors unanimously approved continuing Ordinance No. 200 adopted June 5, 1997, which establishes the sewer service charge rate at $188. However, it is required by law to hold a public hearing to receive public comment regarding electing to have such charges for the forthcoming year collected on the County tax roll. The hearing is normally held during the Board Meeting at which the O&M Budget is presented for approval. RECOMMENDATION: Authorize a public notice to set a public hearing for the first Board meeting in June to receive public comment on the collection of 1998-1999 sewer service charge charges on the County tax roll. JSM REVIEWED AND RECOMMENDED FOR BOARD ACTION #/f H:\SSC\Klein\SSC\Set Hearing SSC-PP.lk.wpd ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS ::::::.':::':'::::::.:::::::::::::::S::::':':::"".'::;:;;:':';:;::':'::.::::;:;:;::::::m':':::r'::::::::'.":'::::::::'g):::':\{':'::::::::'m'::':::::::::'II:::'::::::j::::::::::::::::!:!BOARDMEETlNGOF .. ....... ........ ... ........ . .... ..... . ........... May 7 1998 tb:::~~mm~~::::;:;::::t:::;:;:::td~t::~m:::::~~::::;:;::::~~:::::~j~~::dt~:::::~tt:d~~~~~:::::::~t1~1~:::::;:;:;:;:::::~t:::)f~~~~~1~1~~t · Page 1 of 20 NO. 4. CONSENT CALENDAR p. DATE May 1,1998 TYPE OF ACTION ADOPT CLASS DESCRIPTIONS SUBJECT ADOPT CLASS DESCRIPTIONS AS PART OF THE FISCAL YEAR 1998-1999 PERSONNEL BUDGET SUBMITTED BY Cathryn R. Freitas, Human Resources Manager INITIAlING 0EPT1OIIIilIion AdministrativelHuman Resources ISSUE: Changes to dass desaiptions require Board approval. BACKGROUND: The Board adopted the Personnel Budget for the Fiscal Year 1998-1999 at its meeting of April 2, 1998 with the exception of modifications to various dass desaiptions which were appended to the Budget The Board Personnel Committee requested additional time to consider the dass descriptions prior to adopting any changes. Per the Board Personnel Committee's request staff prepared a memorandum which summarized the reason(s) for modifying each of the dass descriptions. A copy of the memorandum is attached. As noted in the Personnel Budget changes to the various dass descriptions are proposed for one or more of the following reasons: 1.) to adopt revisions negotiated as part of the MSlCG salary survey process; 2.) to change the respirator language from ''to be dean shaven at all times" to "be free of facial hair that 'AfOUld interfere with the use of a respirator at all times"; and/or 3.) to adopt a new dass description for a position induded in the Personnel Budget Deletions to the dass descriptions are denoted by strikeouts and additions are found in bold print The new Payroll Technician dass description has been added and is attached to this position paper. References to the payroll function have been modified in the Accounting Technician 11I1 and III dass descriptions and are attached as well. As part of a general dean-up of some of the language in the dassification descriptions, staff will delete all references to "Deputy" titles, change references to "Department Managers" and update the titles to "Directors", and modify the designation of "shave on demand", "shave" and "no shave" on dass descriptions in accordance with the current practices agreed upon by the bargaining units (attached as Safety Directive 7.1). MSICG has reviewed the proposed modifications to the dass descriptions and concurs with the changes. All changes will take effect July 1, 1998. RECOMMENDATION: Adopt the dass descriptions as part of the Fiscal Year 1998-1999 Personnel Budget CRF INl1lAllNG DEPARTMENTIDMSION ~ P:\OFFICE\WPWIN\TEMPLA TE\A_BD-MGT\POSPAPER.WPT 3/19/98 Central Contra Costa Sanitary District April 10, 1998 TO: FROM: BOARD PERSONNEL COMMITTEE CHAIR JERRY LUCEY BOARD PERSONNEL COMMITTEE MEMBER MARIO MENESINI ROGER J. DOLAN, GENERAL MANAGER-CHIEF ENGr.~ PAUL MORSEN, DIRECTOR OF ADMINISTRATIO~~ CATHRYN FREITAS, HUMAN RESOURCES MANAG1?' ~ VIA: SUBJECT: 1998-1999 FISCAL YEAR PERSONNEL BUDGET CLASS DESCRIPTION REVISIONS Per your request for information on the derivation of the class description changes, I have prepared the following list of annotations for each class description. The titles are listed in alphabetical order as they are found in the blue bound documents which were given to you with the Personnel Budget. The modifications to class descriptions are proposed: (1) to adopt revisions included in the MS/CG salary survey process; (2) and/or to adopt the change in respirator language requested by the Board; or (3) to adopt a new class description in accordance with the proposed Personnel Budget. TITLES ANNOTATION Accounting Supervisor Administrative Assistant Administrative Secretary Associate Engineer Building & Grounds Supervisor Chemist I & II Control Systems Engineer Engineering Support Supervisor Executive Secretary Field Operations Superintendent Human Resources Analyst Human Resources Assistant Instrument Shop Supervisor Laboratory Superintendent Land Surveyor Machine Shop Supervisor Revised New Revised Revised and respirator Revised and respirator Revised and respirator Revised Revised Revised Revised and respirator Revised Revised Revised and respirator Revised Revised Revised and respirator BOARD PERSONNEL COMMITTEE CHAIR & MEMBER Page 2 April 9, 1998 Mechanical Maintenance Supervisor Maintenance and Reliability Engineer Maintenance Supervisor MIS Administrator Operations Safety Specialist Operations Support Supervisor Plant Maintenance Superintendent Principal Buyer Principal Engineer Process Control Engineer Public Information & Graphics Coordinator Records and Information Coordinator Risk Management Technician Senior Chemist Senior Control Systems Engineer Senior Engineer Shift Supervisor Revised and respirator New Revised and respirator Revised Revised and respirator Revised and respirator Revised and respirator Revised Revised New Revised Revised Revised Revised and respirator New Revised and respirator Revised and respirator If you have any further questions about any of the class descriptions, please do not hesitate to contact Paul Morsen or me. The class descriptions will be forwarded to the Board for approval on the Board's May 7, 1998 agenda. CRF:jf Safety Directive 7. 1 LIST OF CLASS TITLES Legend: 1 Respirator Class 1: Free of facial hair that would interfere with the use of a respirator at all times (formerly" Shave"): respond to area and events that require respiratory protection. Respirator Class 2: Free of facial hair that would interfere with the use of a respirator for annual fit tests and for any occasion which requires the use of respiratory equipment (formerly "Shave on Demand"): jOb may require by assignment respiratory protection. Respirator Class 3: No requirement to be free of facial hair (formerly "No Shave"): can only wear respiratory protection or go to areas after training, testing, and certification. 2 3 ADMINISTRATION AND OFFICE SUPPORT Accountant 3 Accounting Supervisor 3 Accounting Technician 1/11 3 Accounting Technician III 3 Administrative Aide 3 Administrative Secretary 3 Buyer Inl 3 Community Affairs Manager 3 Controller 3 Director of Administration 3 Executive Secretary 3 General Manager-Chief Engineer 3 Graphics Technician 1/11 3 Graphics Technician III 3 Human Resources Manager 3 MIS Administrator 3 Materials Coordinator 1/11 3 Materials Coordinator III 3 Network Coordinator 3 Personnel Analyst 1/11 3 Personnel Assistant 3 Principal Buyer 3 Programmer Analyst 3 Public Info & Graphics Coordinator 3 Public Info & Production Asst 1/11 3 Purchasing & Materials Manager 3 Records & Info Coordinator 1/11 3 Risk Management Technician 3 Safety and Loss Control Specialist 2 Safety and Risk Manager Secretary of the District Secretary 1/11 Secretary III Senior Buyer ENGINEERING AND RELATED Assistant Engineer Associate Engineer Automated Mapping & Prod Coord Collection System Insp Supervisor Construction Inspector Construction Inspector/Designer Contract Administrator Director of Engineering Engineering Assistant Engineering Division Manager Engineering Support Supervisor Engineering Technician 1/11 Engineering Technician III Household Hazardous Waste Super Household Hazardous Waste Tech 1/11 Infrastructure Division Manager Land Surveyor Management Analyst Permit and Services Technician Planning Division Manager Pollution Prevention Program Supt Principal Engineer Real Property Specialist Senior Engineer Senior Engineering Assistant Senior Household Haz Waste Tech Senior Source Control Inspector Sewer Service Charge Technician Source Control Coordinator 1/11 Source Control Inspector 1/11 Source Control Program Supt Staff Engineer Survey Party Chief PLANT OPERATIONS AND RELATED Assistant Control Systems Engineer 3 Chemist 1/11 3 Computer Systems Technician 3 2 3 3 3 3 3 2 POD&CSO/3 ENG 3 3 3 3 3 3 3 3 3 3 3 1 1 3 3 3 3 3 3 3 3 2 POD/3 Others 3 1 2 3 3 2 2 3 3 Control Systems Engineer 3 Control Systems Staff Engineer 3 Director of Plant Operations 3 laboratory Superintendent 3 Plant Operations Division Mgr 2 Plant Operations Superintendent 1 Plant Operator Trainee/llll 1 Plant Operator III 1 Senior Chemist 3 Shift Supervisor 1 Training and Resource Technician 3 FIELD OPERATIONS AND MAINTENANCE Buildings & Grounds Supervisor 2 Building Maintenance Technician 2 Collection System Ops Tech 3 Construction Equipment Operator 2 Director of Collection System Ops 3 Electrical Shop Supervisor 2 Electrical Technician 2 Electrician 2 Field Operations Superintendent 2 Information Systems Specialist 3 Instrument Shop Supervisor 2 Instrument Technician 2 landscape Specialist 1 Machine Shop Supervisor 2 Machinist 2 Maintenance Coordinator 1111 3 Maintenance Crew leader 2 Maintenance Crew Member 1111 2 Maintenance Planner 2 Maintenance Supervisor 2 Maintenance Technician Trainee/III! 2 Maintenance Tech III, Mechanical 2 Mechanical Maintenance Supervisor 2 Operations Safety Specialist 1 Operations Support Supervisor 3 Painter 1 Plant Maint Division Mgr 2 Plant Maint Superintendent 2 Pumping Stations Operator 1111 2 Pumping Stations Superintendent 2 Pumping Stations Supervisor 2 Senior Building Maint Technician 2 Senior Vehicle & Equip Mechanic 1 Utility Worker 2 Vehicle and Equip Maint Supervisor 1 Vehicle and Equipment Mechanic 1 Vehicle and Equipment Service Worker 1 4/98 CENTRAL CONTRA COSTA SANITARY DISTRICT Effective: Range: Respirator Class: 7/1/98 G-56 3 PAYROLL TECHNICIAN DEFINITION Perform bookkeeping and accounting duties within the District's accounting system, with primary responsibility for the area of payroll; prepare and/or monitor a variety of accounts involving posting, balancing, and preparing reconciliations; perform special assignments as required. SUPERVISION RECEIVED AND EXERCISED Receive general supervision from the Controller and functional supervision from the Accounting Supervisor. May exercise technical supervision over lower level classes in Accounting Technician series. EXAMPLES OF ESSENTIAL DUTIES - Duties may include, but are not limited to, the following: Perform bookkeeping and accounting duties within the District's accounting system, with primary responsibility for the area of payroll; administer payroll data and the payroll system. Prepare and/or monitor a variety of accounts involving posting, balancing, and preparing reconciliations. Prepare and monitor the District's payroll; audit all time sheets; prepare payroll and verify for accuracy; print and distribute payroll checks; prepare interim payroll checks; type checks. Receive, check, and process payroll action forms relative to employee status or pay; update and maintain employee files as related to payroll status. Balance payroll and ensure appropriate salary/benefit cost distribution relative to the general ledger; and serve as liaison with computer staff regarding payroll system concerns. Administer SOl and Workers' Compensation integration with sick leave. Perform related payroll functions including payroll reports and payroll tax returns reconciling to accounting records; prepare and submit regular reports to state and federal agencies. CENTRAL CONTRA COSTA SANITARY DISTRICT Payroll Technician (Continued) EXAMPLES OF ESSENTIAL DUTIES Reconcile all payroll accounts; reconcile and/or remit a variety of payments and reports. Deal with employees regarding paychecks, time sheets and tax withholding reports; answer any questions or concerns employees may have regarding paychecks. Communicate with department personnel in resolving time sheet discrepancies; work closely with Human Resources staff regarding salary and benefits. Provide information to other District personnel and the general public on matters relating to payroll procedures and applicable laws, policies, rules and regulations. Assist outside auditors in review of District financial and payroll records and practices. Perform special assignments as requested. Perform related duties as required. MINIMUM QUALIFICATIONS Knowledae of: Principles and practices of payroll preparation and administration; accounting principles and practices. District and department policies and procedures related to professional payroll functions. Pertinent state and federal laws governing payroll issues. Data processing requirements associated with automated payroll systems. Accounting record-keeping principles, practices and terminology. Efficient office methods and procedures. English grammar, vocabulary, spelling, and punctuation. CENTRAL CONTRA COSTA SANITARY DISTRICT Payroll Technician (Continued) Abilitv to: On a continuous basis identify codes and errors; learn, understand, know, interpret and remember payroll related laws, regulations and procedures; and remember processing rules. Intermittently problem solve time sheet discrepancies and payroll problems; and explain payroll related information to employees. Sit at a desk for long periods of time on a continuous basis. Intermittently twist to reach equipment surrounding desk, perform simple grasping and fine manipulation, use telephone, write or use keyboard to communicate through written means, and lift or carry weight of 25 pounds or less. Interpret and apply applicable state and federal payroll regulations, and District rules and regulations. Build and maintain positive working relationships with co-workers, other District employees, and the public using principles of good customer service. Maintain and prepare accurate records and reports. Perform responsible and moderately difficult financial record keeping work. Assist is the preparation of financial statements, analyses, and budget reports. Function in an electronic data processing environment; operate a computer to type statistical data. Operate electric and electronic adding, calculating, and data processing accounting machines. EXPERIENCE AND EDUCATION Any combination equivalent to experience and education that could likely provide the required knowledge and abilities would be qualifying. A typical way to obtain the knowledge and abilities would be: Exoerience: Three years of accounting experience in payroll related activities, including experience with automated payroll processing systems. CENTRAL CONTRA COSTA SANITARY DISTRICT Payroll Technician (Continued) Education: Equivalent to the completion of the twelfth grade, supplemented by college level courses in bookkeeping and accounting. LICENSES AND CERTIFICATES May need to possess a valid California Driver's License as required by the position. CENTRAL CONTRA COSTA SANITARY DISTRICT Effective: 10/7/937/1/98 Range: I = G-48 II = G-52 Respirator Class: 3 ACCOUNTING TECHNICIAN 1/11 DEFINITION Perform bookkeeping and accounting duties within the District's accounting system including the areas of accounts payable, accounts receivable, cash receipts, and general ledger, aReI J:)ayroll; prepare and/or monitor a variety of accounts involving posting, balancing, and preparing reconciliations; perform special assignments as required. DISTINGUISHING CHARACTERISTICS Accounting Technician I This is the entry level class of the Accounting Technician series and is distinguished from the II level by the more limited ability to perform the full range of duties as required within each of the areas comprising the District's accounting system (accounts payable, accounts receivable, cash receipts, and general ledger, anel payroll) without immediate supervision. Although positions in this series are assigned duties which focus primarily on only one of these areas, those at the II level are able to work within all areas of the District's accounting system. Accounting Technician II This is the journey level class of the Accounting Technician series and is distinguished from the I level by the ability to perform the full range of duties as required within each of the areas comprising the District's accounting system (accounts payable, accounts receivable, cash receipts, and general ledger, and payroll). Although positions in this series are assigned duties which focus primarily on only one or two of these areas, those at the II level are able to work within all areas of the District's accounting system. Positions in this class may assist in training less experienced personnel. SUPERVISION RECEIVED AND EXERCISED Accounting Technician I Receive general supervision from the Controller and functional supervision from the Accounting Supervisors:- May receive technical supervision from higher level classes in the Accounting Technician series. CENTRAL CONTRA COSTA SANITARY DISTRICT Accounting Technician 1/11 (Continued) SUPERVISION RECEIVED AND EXERCISED Accounting Technician II Receive general supervISion from the Controller and functional supervision from the Accounting Supervisors-:- May exercise technical supervision over lower level classes in Accounting Technician series. EXAMPLES OF ESSENTIAL DUTIES - Duties may include, but are not limited to, the following: Perform bookkeeping and accounting duties within the District's accounting system including the areas of accounts payable, accounts receivable, cash receipts, and general ledger, ami payroll. Prepare and/or monitor a variety of accounts involving posting, balancing, and preparing reconciliations. Propare anEl monitor the District's payroll; audit all timo shoots; I3roparc payroll and vcrify for aeouraoy; prepare interim pa'/roll oRoel(s; type cReeks, Perform rolatod l3ayroll funetions ineluding payroll reports and payroll tax retUrAS reeoneiling to aeeounting records. Match invoices with supporting documents, verify authorization signatures, forward invoices for departmental signatures and calculate and verify prices. Deal with vendors over the phone regarding statements and invoices; answer any questions or concerAS vendors may have regarding payments and related issues. Deal with eml3lo'tees regarEling l3a'/eheelc:s, time sReets and tax ,It'ithholding reports; answer any questiens or eoneOrAS employees may have regarding paychecks. Reeoneile and/or romit a 'IarieW of pa'/ments anEl reports including deferred eomponsation payments, uRion dues, retirement rel3orts, anEl credit union lists. Prepare invoices and resulting warrants during accounts payable cycle; type checks; remit payments; balance and distribute check registers; post cash payments made to subsidiaries from cash receipts and check registers. Prepare expenditure packet for Board approval. ___~..-___,_~_'_'__'_'______"___,"_,.,___"_< _ ~_. _".....~.,,____.__u._.._.m"_''"___._._~.,...__.. _'_'~_"'_____' '_'~__'_'_____'_'___'__ CENTRAL CONTRA COSTA SANITARY DISTRICT Accounting Technician t/ll (Continued) EXAMPLES OF ESSENTIAL DUTIES Assist payroll function as required; including audit and input of time sheets; preparing payroll related reports and payments; and other related functions. Perform special assignments as requested. Perform related duties as required. EX^MPLES OF NON ESSENTIAL DUTIES Duties may iAelude, but are not limited to, the followiAg: Prepare and monitor the collection of monthly bills for services provided by the District; compile relevant information; follow-up on delinquent accounts. Reconcile all payroll accounts, accounts receivable, overtime inspections, and environmental quality charge. Manage petty cash fund; handle disbursements and balancing of the fund. MINIMUM QUALIFICATIONS Accounting Technician I Knowledae of: Account record-keeping principles, practices and terminology. Efficient office methods and procedures. English grammar, vocabulary, spelling, and punctuation. Abilitv to: On a continuous basis identify invoices, codes, and errors; interpret data; know and understand procedures; and remember processing rules. Intermittently problem solve mismatches between purchase orders and invoices, duplicate payments, and payroll problems; and explain reasons to vendors and employees. Sit at a desk for long periods of time on a continuous basis. Intermittently twist to reach equipment surrounding desk, perform simple grasping and fine manipulation, use telephone, write or use keyboard to communicate through written means, and lift or carry weight of 25 pounds or less. CENTRAL CONTRA COSTA SANITARY DISTRICT Accounting Technician 1/11 (Continued) Abilitv to: Adhere to good bookkeeping practices and procedures. Operate electric and electronic adding, calculating, and data processing accounting machines. Operate a computer to type statistical data. EXPERIENCE AND EDUCATION Any combination equivalent to experience and education that could likely provide the required knowledge and abilities would be qualifying. A typical way to obtain the knowledge and abilities would be: Exoerience: Two years of experience in the preparation and processing of accounting documents and maintenance of accounting records. Education: Equivalent to the completion of the twelfth grade, supplemented by college level courses in bookkeeping and accounting. LICENSES AND CERTIFICATES May need to possess a valid California Driver's License as required by the position. Accounting Technician II In addition to the qualifications for Accounting Technician I: MINIMUM QUALIFICATIONS Knowledae of: Basic electronic data processing applications. CENTRAL CONTRA COSTA SANITARY DISTRICT Accounting Technician 1/11 (Continue'd) Abilitv to: Perform responsible and moderately difficult financial record keeping work. Assist is the preparation of financial statements, analyses, and budget reports. Function in an electronic data processing environment. EXPERIENCE AND EDUCATION Any combination equivalent to experience and education that could likely provide the required knowledge and abilities would be qualifying. A typical way to obtain the knowledge and abilities would be: Exoerience: Three and a half years of experience in the preparation and processing of accounting documents and maintenance of accounting records of which eighteen months are spent in a position comparable to that of the Accounting Technician I class in the District. Education: Equivalent to the completion of the twelfth grade, supplemented by college level courses in bookkeeping and accounting. LICENSES AND CERTIFICATES May need to possess a valid California Driver's License as required by the position. CENTRAL CONTRA COSTA SANITARY DISTRICT Effective: Range: Respirator Class: 10/7/927/1/98 G-56 3 ACCOUNTING TECHNICIAN III DEFINITION Perform bookkeeping and accounting duties within the District's accounting system including the areas of accounts payable, accounts receivable, cash receipts, and general ledger, anEi payroll; maintain and/or monitor a variety of accounts involving posting, balancing, and preparing reconciliations; perform special assignments as required. DISTINGUISHING CHARACTERISTICS This is the advanced journey level class of the Accounting Technician series and is distinguished from the II level by the greater complexity of assignments and increased independence with which an incumbent is expected to perform assigned responsibilities. SUPERVISION RECEIVED AND EXERCISED Receive general supervision from the Controller and functional supervision from the Accounting Supervisors. May exercise technical supervision over lower level classes in the Accounting Technician series. EXAMPLES OF ESSENTIAL DUTIES - Duties may include, but are not limited to, the following: Perform bookkeeping and accounting duties within the District's accounting system including the areas of accounts payable, accounts receivable, cash receipts, and general ledger, and payroll. Maintain and/or monitor a variety of accounts involving posting, balancing, and preparing reconciliations. Process invoices and resulting checks during the accounts payable cycle; type checks; remit payments; balance and distribute check registers; post cash payments made to subsidiaries from cash receipts and check registers. Deal with vendors over the phone regarding statements and invoices; answer any questions or concerns vendors may have regarding payments and related issues. CENTRAL CONTRA COSTA SANITARY DISTRICT Accounting Technician III (Continue~d) EXAMPLES OF ESSENTIAL DUTIES Prepare and monitor the collection of monthly bills for services provided by the District; compile relevant information; follow-up on delinquent accounts. Prepare and monitor the District's pa'froll; audit all time sheets; review completed payroll for aeeurae'{. Perform related payroll functions including reconciling payroll reports and payroll tax returns to accounting rceords. Reconcile and/or remit a variety of payments and reports including deferred compensation payments, union dues, retirement contribution, and credit union withholdings. Reconcile all payroll accounts, accounts receivable, overtime inspections, and Sewer Service Charge accounts. Assist payroll function as required; including audit and input of time sheets; preparing payroll related reports and payments; and other related functions, May train lower level Accounting Technicians. Perform special assignments as requested. Perform related duties as required. EXAMPLES OF NON ESSENTI/\L DUTIES Dutics may include, but ore not limited to, the following: Prepare monthly journal entries and assist in the preparation of monthly financial statements. Manage petty cash fund; handle disbursements and balancing of the fund. MINIMUM QUALIFICATIONS Knowledge of: Basic electronic data processing applications. Account record-keeping principles, practices, and terminology. CENTRAL CONTRA COSTA SANITARY DISTRICT Accounting Technician III (Continued) Knowledae of: Efficient office methods and procedures. English grammar, vocabulary, spelling, and punctuation. Abilitv to: Continuously identify codes, amounts, and signatures; interpret account numbers to be used; problem solve when reviewing unpaid invoices and duplicate payments; and remember office procedures to be followed. Intermittently analyze invoices; know and observe the correct procedures; understand the implications of own actions on larger projects and system; and explain procedures and past actions to other staff. Sit at desk for long periods of time on a continuous basis. Intermittently twist to reach equipment surrounding desk and perform simple grasping and fine manipulation; use telephone, and write or use a keyboard to communicate through written means, and lift or carry weight of 25 pounds or less. Adhere to good bookkeeping practices and procedures. Operate electric and electronic adding, calculating, and data processing accounting machines. Operate a computer to type statistical data. Perform responsible and moderately difficult financial record-keeping work. Assist in the preparation of financial statements, analyses, and budget reports. Function in an electronic data processing environment. EXPERIENCE AND EDUCATION Any combination equivalent to experience and education that could likely provide the required knowledge and abilities would be qualifying. A typical way to obtain the knowledge and abilities would be: --,_._-_. .,--"-,.----..--.-...".-".---,---"~.-,...-- ~~.-_._,-...____,'_._""._,..".~.~-._-"~__~"._~.,,_..__^~,._..,_.___._....,"~__>'..__...________..,..____.__U~M._'~.__",..__,_"___.__..__.~___".__.__.__. CENTRAL CONTRA COSTA SANITARY DISTRICT Accounting Technician III (Continued) Exoerience: Five years of experience in the preparation and processing of accounting documents and maintenance of accounting records of which twelve months are spent in a position comparable to that of the Accounting Technician II class in the District. Education: Equivalent to the completion of the twelfth grade, supplemented by college level courses in bookkeeping and accounting. LICENSES AND CERTIFICATES May need to possess a valid California Driver's License as required by the position. ~ Ct;;iltral Contra Costa Sanitar, District BOARD OF DIRECTORS Page 1 of 11 BOARD MEETING OF NO. May 7, 1998 5. HEARINGS a. DATE April 30, 1998 TYPE OF ACTION CONDUCT PUBLIC HEARING AND ADOPT ORDINANCE SUBJECT CONDUCT A PUBLIC HEARING ON THE PROPOSED CHANGES TO THE CURRENT SCHEDULE OF RATES AND CHARGES AND ADOPT AN ORDINANCE APPROVING THE FEE SCHEDULE EFFECTIVE JULY 1, 1998 SUBMITTED BY Lesley Klein, Engineering Assistant INITIATING DEPT/DIV Engineering Department/Infrastructure Division ISSUE: A public hearing is required to obtain public comments on proposed changes to the District Schedule of Rates and Charges to be effective July 1, 1998. BACKGROUND: Chapter 6.30 of the District Code describes fees for services provided to contractors, developers and other users of the District's wastewater collection and treatment system. The fees provide approximately 1.5 percent of the District's total revenue and are intended to reimburse the District for labor and operating expenses incurred in providing the services. The fees are reviewed annually, and revisions are made 1) to reflect District annual wage adjustments or cost-of-living adjustments, or 2) as a result of detailed cost analysis. Based on advice of District Counsel, these fees are not property-related fees; therefore, the procedural requirements of Proposition 21 8 do not apply. The results of this year's review are summarized in Attachment I, showing current rates, proposed rates and percentage of change. The proposed fee changes shown are due to the annual cost of living increase. All fees and charges have been rounded to even amounts, resulting in increases between 2.0 and 3.4 percent. The cost of living increase reported for February 1997 to February 1998 is 3.4 percent. The proposed revised schedule of rates and charges was distributed to members of the Home Builders Association of Northern California, the Engineering and Utilities Contractors Association, and the Associated Buildings and Contractors Golden Gate Chapter to provide an opportunity to communicate questions and comments to District staff prior to the public hearing. Attachment II presents a comparison of the District's proposed schedule of rates and charges to similar fees of neighboring sanitary districts. RECOMMENDATION: Conduct a public hearing on the proposed schedule of rates and charges, approve the proposed schedule of rates and charges, and adopt an ordinance to implement the new schedule effective July 1, 1998. INITIATING DEPARTMENT/Dli~ H :\SSC\Klein\REVENUE\RA TES&CH. WPD 9/16/96 Page 2 of 11 ATTACHMENT I CENTRAL CONTRA COSTA SANITARY DISTRICT RATES AND CHARGES CATEGORY CURRENT PROPOSED % RATE RATE CHANGE (A) DEVELOPMENT & PlAN REVIEW (A- 1 ) Development Review and 3.5% of est. 3.5% of est. 2 Preliminary + 1 Final Plan Reviews construction cost construction cost Basis for Determining Estimated Construction $42/ft. $43/ft. 2.4 Costs Minimum Fee $600 min. $620 min. 3.3 (A-2) 3rd & Additional Preliminary Reviews $51 each $52 each 2.4 (A-3) 2nd & Additional Final Reviews $75 each $ 77 each 2.1 (A-4) Permit/Plan Review $10 $10 0 (A-5) Rebate Administration Charge $85 $87 2.4 (8) CONSTRUCTION INSPECTION (8-1 ) Mainline Inspection See Table A-1 - - (8-2) Lateral, House Connection, Side Sewer Repair $82 each $84 each 2.4 > 10ft, Alteration, Manhole Alteration, Sewage Pump, Grease Interceptor, Lateral Abandonment, and Sewer Tap Inspection (8-3) Side Sewer Repair Inspection < 10ft $12 each $12 each 0 (8-4) Overtime Inspection $67/hr. $69/hr. 3.0 WeekendlHoliday (4-hr min) $268 $277 3.4 (8-5) Overtime Inspection Credit See Table A-2 - - (8-6) Manhole or Roddina Inlet Insoection $438 each $453 each 3.4 H :\SSC\KLEIN\REVENUE\RA TES&CH. WPD ___"~"_,__,,___.'.'~_'_____"____'_'~_'_"'" ..__...__._..______._..._...__._.v.._.________........__...--....-.-.--.-,..,..----.~..._-~"._----~-..----'_...-.....--.""'-.-.,-,-----.~-._--------- ATTACHMENT I CENTRAL CONTRA COSTA SANITARY DISTRICT RATES AND CHARGES Page 3 of 11 CATEGORY CURRENT PROPOSED 0/0 RATE RATE CHANGE (C) COLLECTION SYSTEM (C-1 ) Initial TV Inspection: Overtime $155/hr. $160/hr. 3.2 WeekendlHoliday (4-hr min) $620 $641 3.4 (C-2) Overtime Credit $0.27/ft. .28/ft. 3.3 (C-3) TV Rerun $200 + $206 + 3.0 $110/hr. $11 3/hr. 2.7 Weekend/Holiday (2.5-hr min) $475 $491 3.4 (C-4) TV Overtime Rerun $200 + $206 + 3.0 $155/hr. $160/hr. 3.2 Weekend/Holiday (4-hr min) $820 $848 3.4 (C-5) Multiple TV Inspection Actual Actual Expense Expense (C-6) Sewer Tap Actual Actual Expense Expense (C-7) Dye Test $94 each $97 3.2 (C-8) Collection System Repair Actual Actual Expense Expense (C-9) TV Inspection: Noncancellation $210 each $217 3.3 (C-10) Lateral Abandonment Actual Actual Expense Expense (D) RIGHT OF WAY (0-1 ) Segregation of LID Assessment $51/parcel $ 52/parcel 2.0 (0-2) Process Quitdaim Deeds $46/hr. $47/hr. 2.2 (3-hr min) $138 $142 2.9 (0-3) Process Real Property Agreement Actual Actual Expense Expense (E) MISCELLANEOUS (E-1 ) Engineering - Private Sewer Projects Actual Actual Expense Expense (E-2) Soil Evaluation - Private Sewer Projects Actual Actual Expense Expense (E-3) SurvevinQ $162/hr. $167/hr. 3.1 H :\SSC\KLEIN\REVENUE\RA TES&CH .WPD ..' _.,,_______.__.__._..._.__"____..._.w....____..___..___._"_._..__.~._,,.___._..._,___...e.._.._,....~._.... Page 4 of 11 ATTACHMENT I CENTRAL CONTRA COSTA SANITARY DISTRICT RATES AND CHARGES CATEGORY CURRENT PROPOSED % RATE RATE CHANGE (F) INDUSTRIAL PERMIT FEES (F-1 ) Class I & II Fees Base permit fee Base permit fee 3.4 of $2,489 plus of $2,574 plus laboratory costs laboratory costs of District of District analysis. analysis. Additional Additional charges to be charges to be billed separately if billed separately staff time if staff time incurred is above incurred is that included in above that the base permit included in the fee. base permit fee. (F-2) Industrial User Permit Application Fee Base fee of Base fee of 3.4 $175. $181. Additional Additional charges to be charges to be billed separately if billed separately staff time if staff time incurred is above incurred is that included in above that the base fee. included in the base fee. (F-3) Special Discharge Permit Fee - No On-site Inspection $51 each $52 each 2.0 - On-site Inspection $287 each $296 each 3.1 (F-4) Class III Fee $275 each $284 each 3.3 H:\SSC\KLEIN\REVENUE\RA TES&CH. WPD ___.._.__..__~_"_.._.~.,.__._.._ ._.__~,_'""___.,..__, ._._."._._,__._"_._____.__.____.~._..__,~_,__"____.__'_....,_..___.__...~_.. __.....___._..._mk__..k Page 5 of 11 ATTACHMENT I CENTRAL CONTRA COSTA SANITARY DISTRICT RATES AND CHARGES CATEGORY CURRENT PROPOSED % RATE RATE CHANGE (G) SEPT AGE DISPOSAL (G-1 ) Annual Permit Fee $1,291 each $1,335 3.4 (G-2) Residential SepticfToilet Waste* < 2000 gallons $14.50 + $15.00 + 3.4 $0.099/gal. $0. 1 02/gal. 3.0 > 2000 gallons $46.00 + $47.50 + 3.4 $0.099/gal. $0.102/gal. 3.0 (G-3) Restaurant Grease Waste * * < 2000 gallons $14.50 + $15.00 + 3.4 $0.012/gal. $0.012/gal. 0 > 2000 gallons $46.00 + $47.50 + 3.4 $0.012/gal. $0.012/gal. 0 * Fees include 75 percent of administrative overhead. ** Other approved waste will be charged at the Residential Septic and Portable Toilet Waste rate unless actual strength characteristics are provided. H:\SSC\KLEIN\REVENUE\RA TES&CH.WPD ____._________~___,.._____ ~ "e...._~,_._.___.._._.__.._.._.,._..___.__,___'___.__._----------.------.."~_.,.---.-,---.,~--".,-~.,,.-'---- Page 6 of 11 ATTACHMENT I CENTRAL CONTRA COSTA SANITARY DISTRICT RATES AND CHARGES TABLE A-1 MAlNUNE INSPECTION Length (Ft) Current Rate Proposed Rate 0- 100 $ 430 + $4.20/ft. $ 444 + $4.34/ft. 101 - 200 $ 505 + $3.40/ft. $ 522 + $3.52/ft. 201 - 300 $ 624 + $2.85/ft. $ 645 + $2.95/ft. 301 - 400 $ 785 + $2.30/ft. $ 812 + $2.38/ft. 401 - 500 $ 914 + $2.00/ft. $ 945 + $2.07/ft. 501 - 600 $1 ,049 + $1 .70/ft. $1 ,085 + $1.76/ft. 601 - $1,145 + $1.55/ft. $1,184 + $1.60/ft. TABLE A-2 OVERTIME MAlNUNE INSPECTION CREDIT Total Project Overtime Hours Overtime Credit (Hrs)* <4 1 > 4 but <8 2 >8but<16 4 > 16 but <32 6 >32 8 * To compensate the contractor for the straight-time portion of inspection time included in the Mainline Inspection Fee. 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TYPE OF ACTION April 30, 1998 CONDUCT PUBLIC HEARING SUBJECT CONDUCT THE CONTINUED PUBLIC HEARING TO RECBVE COMMENTS ON PROPOSED REVISIONS TO THE DISTRICT CODE REGARDING THE DISTRICT'S REBATE PROGRAM, AND ADOPT AN ORDINANCE REPEALING CHAPTERS 6.20 REBATE FEES AND 9.12 REBATE SEWAGE FACILITIES, AMENDING SECTION 1.04.100 DEFINITIONS, AND ADOPTING A NEW CHAPTER 6.20 REIMBURSEMENT FEES SUBMITTED BY Jarred Miyamoto-Mills, Principal Engineer INITIATING DEPTIOIV Engineering/Environmental Services ISSUE: The District Code requires that a public hearing be held prior to the Board of Directors' consideration of proposed revisions to the Code. BACKGROUND: On March 19, 1998, the Board of Directors conducted a public hearing on proposed revisions to the District's Rebate Program, which provides for reimbursement of costs to installers of public sewage facilities which are sized and designed to serve properties other than those to be developed by the installer. Following a staff presentation, public comments, and discussion of the proposal, the Board continued the public hearing to allow staff and counsel additional time to resolve a number of questions, including those raised by Mr. Edward Shaffer in his appearance during the public hearing and summarized in his March 24, 1998 letter (Attachment 1). The continued public hearing is scheduled for the May 7, 1998, Board meeting. The key components of the proposed Code revision are: 1) Change "rebate fees" to "reimbursement fees" to be consistent with Government Code language concerning fees to reimburse of installers of public facilities. 2) Add definitions for "standard facilities", "special facilities", and "installer" as they apply to the proposed reimbursement fee process. 3) Provide for reimbursements to installers from fees charged property owners when they apply to physically connect their property directly to standard facilities. 4) Provide for reimbursements to installers from fees charged property owners when they apply to connect their property to public sewers upstream of and tributary to special facilities. 5) Include provisions to allow special facility reimbursement fees to be established prior to construction when properties receive interim wastewater utility service through use of temporary facilities. INITIATING DEPARTMENTIOIV1S10N v JMM 4/8/98 DATE April 30, 1998 Page 2 of 15 SUBJECT CONDUCT THE CONTINUED PUBLIC HEARING TO RECEIVE COMMENTS ON PROPOSED REVISIONS TO THE DISTRICT CODE REGARDING THE DISTRICT'S REBATE PROGRAM, AND ADOPT AN ORDINANCE REPEALING CHAPTERS 6.20 REBATE FEES AND 9.12 REBATE SEWAGE FACILITIES, AMENDING SECTION 1.04.100 DEFINITIONS, AND ADOPTING A NEW CHAPTER 6.20 REIMBURSEMENT FEES 6) Add a fee setting procedure for the Board of Directors to adopt reimbursement fees by ordinance following a properly noticed public hearing. 7) Include a requirement that affected property owners be notified at least ten days prior to the public hearing. 8) Clarify the method for calculation of reimbursement fees, and procedures for administration of reimbursement fee accounts. 9) Add provisions to allow collection of reimbursement fee deposits when property owners apply to connect to a standard or special facility prior to adoption of a reimbursement fee. 10) Include a section dealing with the expiration of reimbursement fees established after June 1, 1998 (the effective date for the ordinance), on the twentieth anniversary of the date of the District's acceptance of the facility for which the reimbursement fee was established. Appropriate notices for the public hearing were posted at the District Office and published in the Contra Costa Times, and the draft ordinance to implement the revisions has been on file with the Secretary of the District. Attachment 2 includes the draft Chapter 6.20 Reimbursement Fees. RECOMMENDA nON: Conduct the continued public hearing to receive comments on the proposed revisions of the District Code regarding the District's Rebate Program. 4/8/98 ATTACHMENT 1 NORRIS RICHARD E. NORRIS ~~ g~~~~~~I~ STRAUS COLIN J. COFFEY SHARON M. IVERSEN EDWARD L. SHAFFER .. 'lIIIIl I J MICHAEL B. PETERSON ... "~4 NOf::L M. CAUGHMAN 'NORRIS STEVEN S. KAUFHOLD MICHAEL A. SWEET RICHMOND WALNUT CREEK REPLY TO: 3260 BLUME DRIVE. SUITE 400 RICHMOND. CALIFORNIA 94806-1961 TELEPHONE (510) 222-2100 FACSIMILE (510) 222-5992 March 24, 1998 VIA FACSIMILE AND MAIL Board of Directors Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553-4392 Re: Amendments to Code Chapter 9.12 Sewage Facility Cost Rebates Honorable President and Boardmembers: This letter is written on behalf of Shapell Industries. On March 19th the Board held a hearing on agenda item 5.a regarding amendments to the District Code concerning sewage facility rebate charges. The Board continued the hearing to April 2nd, in part to allow the public additional time to review and comment on staff's proposed changes. We appreciate your consideration and this opportunity to comment on Code Chapter 9.12. 1. Consideration of Cost Sharing Agreements. The regulations require the party installing new sewage facilities to submit a "statement disclosing any agreements regarding the sharing of the public sewage facility costs which exist between the installer and any other party..." (~9.12.030, paragraphs A.3, B.3 and C.2). However, Chapter 9.12 does not say how such agreements are reflected in the rebate system. We propose that Section 9.12.220 be amended as indicated below, to recognize that the properties subject to a cost- sharing agreement will not be required to pay the rebate charge. 9.12.220 Timing for payment of rebate charge. Payment of rebate charge(s) shall be made prior to the time of the District's issuance of a Contractor's or Homeowner's Permit to connect to the public sewer. Rebate payments shall not be required for properties covered by a cost sharing agreement. 80150001/154960-1 .--..,. '-_.._'-_._"._--"_.._---_._.~._~---~--------~._,.~._-----_..,---_._~-----------.~..._._--,--_._,----------_.--'--"---.'-- '-"--'-'-"'---.'--,- CCCSD Board of Directors March 24, 1998 Page 2 2. Notice of Rebate Charges. At the March 19th hearing I asked if District procedures include sending notice of the intended rebate charge to all owners of property identified as likely to connect to or use the new facility and thus subject to the charge. There are at least two important reasons why the District should provide such notice and an opportunity to comment and/or protest. First, an owner may have valid grounds to challenge the General Manager-Chief Engineer's determinations regarding how costs are calculated or which cost items qualify for rebate. Designation of a facility as "special" rather than "standard" also may be a subject of concern requiring owner input. Second, owners should have an opportunity to alert the District that they have an agreement with the installer regarding cost sharing. It is possible that the installer may overlook notifying the District of such an agreement. The ordinance contains no method for verifying the existence of agreements exempting property from the rebate obligation. 3. Mailed Notifications to Installer. Staff recommends changing Section 9.12.200 so that the District would use regular rather than certified mail to send an installer notice that rebate money has been collected. We do not understand the purpose of this change - especially since the District will be collecting an administrative fee to cover mailing costs. Certified mail creates better protection against the notice being lost in transit, as sometimes happens with regular mail. Given the consequences for failure to respond - forfeiture of the funds - this is a reasonable requirement. Thank you for your consideration of these comments. will attend the Board's continued hearing on April 2nd to these matters and answer your questions. We address Very truly yours, ~S~ NORRIS & NORRIS, P.C. BY EDWARD L. SHAFFER cc: Shapell Industries (via fax) Sections: 6.20.010 6.20.020 6.20.030 6.20.040 6.20.050 6.20.060 6.20.070 6.20.080 6.20.090 6.20.100 6.20.200 6.20.210 6.20.220 6.20.230 6.20.240 6.20.250 6.20.260 6.20.270 6.20.280 ATTACHMENT 2 Draft - 4/30/98 Chapter 6.20 REIMBURSEMENT FEES Policy statement, findings, declaration of purpose and definitions. Eligibility to establish reimbursement accounts. Installer submittals. Reimbursement fees. Adoption of reimbursement fees by ordinance. Notice to affected property owners. Effective date of reimbursement fees. Collection of reimbursement fee deposits. Installer's maximum recovery of costs. Apportionment of reimbursement funds when more than one installer. Funds and accounts. Adjustment of reimbursement fees and installer's maximum recoveries. Timing for payment of reimbursement fees and deposits. Expiration of reimbursement fees. District not liable. Application of reimbursement provisions only to those complying. Waiver. Effect of chapter. Repeal of prior ordinances. Page 1 of 11 6.20.010 Policy statement. findinqs. declaration of purpose and definitions. A. It is the policy of the District that public sewage facilities be designed and installed to provide for gravity wastewater utility service to the ultimate tributary service area projected for such facilities, and that the costs for such facilities be fairly and equitably distributed among those customers who will use the facilities. B. The Board of Directors finds: 1. That it is in the public interest for the District to require installers to design and construct public sewage facilities having capacity which exceeds the need attributable to and reasonably related to development of their property to avoid replacement of existing, or construction of additional parallel public sewage facilities to serve properties not provided capacity when the public sewers were first designed and constructed, since such replacement or additional construction results in: a. Increased District capital, operations and maintenance expense; b. Public inconvenience; c. Reduction in the efficiency of collection system operations; and d. Potential public health hazards. 2. That construction of public sewage facilities which are sized and designed to provide wastewater utility service to properties other than those owned or to be developed by the installer is necessary for orderly and proper extension of wastewater utility service to all such properties which could reasonably be served. 3. That it is therefore necessary to require installers to design and construct public sewage facilities having capacity which exceeds the need attributable to and reasonably related to development of their property. 4. That the cost of public sewage facilities should be fairly and equitably distributed among those customers who will ultimately use the facilities, so that the incremental cost to properly size and design such facilities does not prevent the installation of proper public sewage facilities consistent with the policy stated in this Section. 5. That rebate accounts, and rebate fees and charges established under prior ordinances, before June 1, 1998, remain in full effect and shall be Page 2 of 11 considered to be reimbursement accounts, and reimbursement fees under this Chapter 6.20. C. The purpose of this Chapter 6.20 is to require that public sewage facilities have adequate capacity and are configured to handle the sewage flow from the property which could reasonably be served by the facilities, and to provide for fair and equitable distribution of the costs of such facilities through a reimbursement program. The rules and procedures for establishment of reimbursements, and the collection and disbursement of reimbursement funds are governed by this Chapter 6.20. D. The following definitions apply to this Chapter 6.20: 1. ~Standard facilities" means public main, local street and collector sewers installed using conventional construction techniques, and ordinary appurtenances to such public sewers, such as manholes and rodding inlets. 2. ~Special facilities" means public trunk sewers, interceptor sewers, pumping stations, or public main, local street and collector sewers which require special, unconventional installation techniques, such as tunnels, microtunnels, creek or channel crossings requiring bridges, trestles, culverts, and/or channel modifications, greater than 20 foot trench depth requiring use of trenchless technologies and/or unusually costly shoring or traffic control measures, or other non-standard appurtenances of unusually high cost. 3. For the purpose of this Chapter 6.20, ~installer" means a property owner or developer who is financially responsible for installation of standard or special facilities, the capacity of which exceeds the need attributable to and reasonably related to development of his/her property. 6.20.020 Eligibility to establish reimbursement accounts. A. Standard Facilities. The installer of a public sewage facility which is a standard facility may apply to establish a reimbursement account for the facility by making the post-construction submittals as required by Section 6.20.030 A. Alternatively, the installer may apply for early establishment of a reimbursement account by completing all of the submittals required by Section 6.20.030 A, substituting estimates of the costs of engineering, right-of-way, construction and bonds for the standard Page 3 of 11 facility, acceptable to the General Manager-Chief Engineer, in place of the contracts and receipts documenting the actual costs therefor. In the case of such early establishment of a reimbursement account, the installer shall also complete the post-construction submittal of contracts and receipts documenting to the satisfaction of the General Manager-Chief Engineer the actual costs of engineering, right-of-way, construction and bonds for the standard facility required by Section 6.20.030 A.4, no later than six months after the District's acceptance of a standard facility, to remain eligible to receive reimbursements under this Chapter 6.20. B. Special facilities. To be eligible to establish a reimbursement account for a special facility, the prospective installer shall obtain the approval of the General Manager-Chief Engineer prior to the issuance of a District permit for the construction of the facility. The installer may apply to establish a reimbursement account for the facility by making the preconstruct ion submittals required by Section 6.20.030 B. To remain eligible to receive reimbursements under this Chapter 6.20 after the District's acceptance of the special facility, the installer shall also complete the post-construction submittals required by Section 6.20.030 C. C. The General Manager-Chief Engineer will determine whether establishing a reimbursement account is justified by evaluating submittals from the installer. If the General Manager-Chief Engineer determines that properties other than those owned or to be developed by the installer could reasonably be physically connected directly to the facility in the case of standard facilities, or could reasonably be served by the facility in the case of special facilities, the installer shall be eligible to establish a reimbursement account. In addition, the installer of a special facility shall be eligible to establish a reimbursement account prior to construction of the special facility, when properties which could reasonably be served by the special facility in the future receive interim service through use of temporary facilities. 6.20.030 Installer submittals. A. Post-construction submittals for standard facilities. No later than six months after the District's acceptance of a standard facility, the installer shall submit all of the following to the Page 4 of 11 General Manager-Chief Engineer: 1. A scale map delineating the standard facility as well as all parcels which could reasonably be physically connected directly to the standard facility; and 2. A list of all parcels which could reasonably be physically connected directly to the standard facility including each owner's name, address, county assessor's parcel number and current zoning; and 3. A statement disclosing any agreements regarding the sharing of the standard facility costs which exist between the installer and any other party or parties; and 4. Contracts and receipts documenting to the satisfaction of the General Manager-Chief Engineer the actual costs of engineering, right-of-way, construction and bonds for the standard facility. B. Preconstruct ion submittals for special facilities. To provide for evaluation and approval of reimbursements for a special facility prior to the issuance of a District permit for the construction of the facility, the prospective installer shall submit all of the following to the General Manager-Chief Engineer at least 30 days prior to time of his/her application for the permit: 1. A scale map delineating the special facility, as well as all parcels which could reasonably be served by the special facility; and 2. A list of all parcels which could reasonably be served by the special facility including each owner's name, address, county assessor's parcel number and current zoning; and 3. A statement disclosing any agreements regarding the sharing of the special facility costs which exist between the installer and any other party or parties; and 3. Estimates satisfactory to the General Manager-Chief Engineer of the costs of engineering, right-of-way, construction and bonds for the special facility. C. Post-construction submittals for special facilities. In addition to the preconstruction submittals required by Section 6.20.030 B, no later than six months after the District's acceptance of a special facility, the installer shall submit all of the following to the General Manager-Chief Engineer: 1. Contracts and receipts documenting to the satisfaction of the General Manager-Chief Engineer Page 5 of 11 the actual costs of engineering, right-of-way, construction and bonds for the special facility; 2. Copies of the maps, parcel lists and statements regarding existing agreements for the sharing of the special facility costs submitted pursuant to Section 6.20.030 B, updated to show any changes. 6.20.040 Reimbursement fees. A. Reimbursement fees will be calculated by dividing the sum of all allowable costs of the standard or special facility by the total number of connections or residential unit equivalents which could reasonably be physically connected directly to the facility in the case of standard facilities, or could reasonably be served by the facility in the case of special facilities. Reimbursement fees will be determined based on consideration of the following: 1. Costs which are allowable for inclusion in the calculation of reimbursement fees are those which are directly related to the planning, design and construction of the standard or special facility, including payments to contractors and engineers, securing bonds, and acquiring right-of-way for the project. Ineligible costs include, but are not limited to, attorneys' fees, financing costs, and the installer's overhead and office expenses related to the coordination and supervision of contractors engaged to perform project work. 2. The total number of connections or residential unit equivalents which could reasonably be physically connected directly to the facility in the case of standard facilities, or could reasonably be served by the facility in the case of special facilities will be determined considering zoning regulations of the agency having jurisdiction for determining land use policy in the area to be served, the configuration of the District's existing sewage facilities, the character of development adjacent to the reimbursement area, and site topography. B. The Board of Directors recognizes that the above listed factors may not be the only basis for determining reimbursement fees in every case, and therefore authorizes the General Manager-Chief Engineer to exercise his/her judgement in determining the actual reimbursement fee that applies when, in his/her opinion, modifications are justified. 6.20.050 Adoption of reimbursement fees by ordinance. The District Board of Directors shall adopt Page 6 of 11 reimbursement fees for particular standard and special facilities, from time to time, by ordinance upon a two- thirds vote, after having conducted a properly noticed public hearing, at which oral or written presentations could be made, as part of a regularly scheduled meeting. 6.20.060 Notice to affected property owners. At least ten days prior to the public hearing to receive comments regarding the adoption of reimbursement fees, the District shall notify the property owner or owners of record of the properties to which such reimbursement fees will be applicable, as identified on the last equalized assessment roll, by U.S. mail of the time and place of the public hearing. The notice shall include a general description of the District's reimbursement fee program, a description of the standard or special facilities installed or to be installed which give rise to the particular reimbursement fee proposed, and the initial amount of the proposed fee. 6.20.070 Effective date of reimbursement fees. The reimbursement fee for a particular standard or special facility shall become effective seven days after publication of the ordinance adopting the reimbursement fee for the particular facility. 6.20.080 Collection of reimbursement fee deposits. To ensure that all property owners pay their fair and equitable share of the cost of standard and special facilities, the General Manager-Chief Engineer may establish reimbursement fee deposit accounts, determine reimbursement fee deposit amounts, and collect such reimbursement fee deposits from property owners who apply to connect their property directly to a standard facility, or to a public sewer upstream of and tributary to a special facility, prior to adoption of a reimbursement fee for the facility. The amount of the reimbursement fee deposit shall be determined by the General Manager-Chief Engineer by the method of Section 6.20.040, substituting estimates of the costs of engineering, right-of-way, construction and bonds for the facility in place of the actual costs therefor. When the reimbursement fee applicable to the facility is adopted by the Board of Directors, the reimbursement fee deposit shall be used to pay the reimbursement fee applicable to the property. Any portion of the deposit, including interest calculated in accordance with California Government Code Section 53079, remaining after payment of the applicable reimbursement fee shall Page 7 of 11 be returned to the property owner. If the applicable reimbursement fee exceeds the deposit, the property owner shall be invoiced by U. S. mail for the difference, and shall pay such amount to the District within 60 days of receipt of such invoice. If no applicable reimbursement fee is adopted within one year of the date of the District's acceptance of the facility, the deposit, including interest calculated in accordance with California Government Code Section 53079, shall be returned to the property owner. The District may accept securities in lieu of cash deposits in accordance with current law. 6.20.090 Installer's maximum recovery of costs. An installer's maximum recovery of costs for installation of a standard or special facility will be calculated as the sum of all allowable costs of the standard or special facility, less the share of the cost for the installer's use of the standard or special facility based upon the number of installer connections or residential unit equivalents as determined by the General Manager-Chief Engineer pursuant to Section 6.20.040. The installer's maximum recovery shall also be reduced by the sum of all applicable reimbursement program administration charges which may be established from time to time by the District Board of Directors, and by the sum of all reimbursement fees waived by the installer pursuant to agreements regarding the sharing of costs between the installer and any other party or parties. 6.20.100 Apportionment of reimbursement funds when more than one installer. Where there is more than one installer of a standard or special facility, reimbursement funds collected shall be disbursed in proportion to the allowable costs of the project funded by each of the installers and in consideration of the total number of potential connections or residential unit equivalents, as determined by the General Manager- Chief Engineer. 6.20.200 Funds and accounts. Funds collected by the District under this Chapter 6.20 shall be placed in segregated accounts for each project for which reimbursement fees or deposits are established. Between January 1st and April 1st of each year, the District will review each account to determine which accounts have fund balances. The District will notify each installer by U.S. mail to the last known address of the Page 8 of 11 -_.__._----~---~,-"-~,_.__.__._"-----_._--_._--_._---._---~~----_..__._- .-.,- installer of any accumulated funds collected from connectors. Upon written request by the installer, the District will disburse the accumulated funds. The record of each reimbursement account shall show the amount of the installer's maximum recovery of costs as determined pursuant to Section 6.20.090 and as adjusted pursuant to Section 6.20.210. When this amount is collected and paid, collection of reimbursement fees and payments to the installer shall cease, and the reimbursement account shall be closed. If a request for disbursement of funds is not received from the installer within three years, after an initial District notification, and after two additional yearly notifications have been sent, the funds shall become the property of the District in accordance with general law, if not claimed, or if no verified complaint is filed and served. The District will close the reimbursement account and deposit said funds in the District's Sewer Construction Fund. Said notice and deposit dissolves any and all claim the installer may have had to the reimbursement funds, and the District's collection of reimbursement fees for the standard or special facility shall cease. 6.20.210 Adjustment of reimbursement fees and installer's maximum recoveries. A. If at any time, the General Manager-Chief Engineer determines that the allowable costs or the total number of connections or residential unit equivalents which could reasonably be physically connected directly to the facility in the case of standard facilities, or could reasonably be served by the facility in the case of special facilities deviate from the determinations used in calculating the reimbursement fees pursuant to Section 6.20.040, he/she may recalculate the reimbursement fees to be collected from future connectors. If reimbursement fees are recalculated, future connectors may pay a reimbursement fee different from that paid by previous connectors. In the case of such recalculation, the District will not be responsible for collecting additional reimbursement fees from or refunding excess reimbursement fees to previous connectors. B. The General Manager-Chief Engineer shall review installer's maximum recoveries and reimbursement fees from time to time to adjust for the increase or decrease in the value of facilities over time. A review will be undertaken on an account within the year prior to collection of any reimbursement fees payable to that account. The Engineering News Record (EIR) Construction Cost Index shall be the basis for any Page 9 of 11 adjustment and no other interest component will be considered. C. There shall also be an annual adjustment for depreciation based on the useful life of the standard or special facility. The useful life of standard or special facilities for purposes of this Chapter 6.20 is seventy-five years for sewers and forty years for pumping stations. 6.20.220 Timing for payment of reimbursement fees and deposits. Payment of applicable reimbursement fees and deposits shall be made prior to the time of the District's issuance of a Contractor's or Homeowner's Permit to connect to a public sewer. 6.20.230 Expiration of reimbursement fees. Each reimbursement fee adopted pursuant to this Chapter 6.20 after June 1, 1998, shall automatically expire on the twentieth anniversary of the date of the District's acceptance of the standard or special facility for which the reimbursement fee was established. The District's collection of such reimbursement fees shall cease on such expiration date. Any funds remaining in the account as of the expiration date shall be disbursed pursuant to Section 6.20.200, and the reimbursement fee account shall be closed. 6.20.240 District not liable. The District provides the reimbursement program as a convenience for installers and is not liable to any person for failure to establish or collect reimbursements. 6.20.250 Effect of chapter. This Chapter 6.20 or any action taken pursuant hereto does not create any right, title or interest in any property. The Board may change or repeal any portion of this Chapter 6.20 at any time. No property right becomes vested by operation of this Chapter 6.20 and the District is not liable for damage of any nature related to any change or repeal of any portion of this Chapter 6.20. 6.20.260 Repeal of prior ordinances. The ordinance enacting this Chapter 6.20, effective June 1, 1998, shall supercede and repeal the District's existing ordinances regarding rebate fees and charges, and rebate sewage facilities as set forth in the former Chapter 6.20 Rebate Fees, and Chapter 9.12 Rebate Sewage Facilities. The repeal shall occur on June 1, 1998, simultaneous with the taking effect of the new provisions set forth in this Chapter 6.20. However, nothing in the ordinance enacting this Chapter 6.20 is Page 10 of 11 intended to repeal, extinguish, suspend or allow to lapse any obligation to pay rebate fees or charges established under prior ordinances, which obligation accrued on or before June 1, 1998, or for rebate fees or charges which may come due on or after June 1, 1998. For the purposes of this Chapter 6.20, rebate fees or charges established under prior ordinances, which obligation accrued on or before June 1, 1998, and which may come due on or after June 1, 1998, shall be considered reimbursement fees. Page 11 of 11 ORDINANCE NO. AN ORDINANCE OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT REPEALING EXISTING DISTRICT CODE CHAPTERS 6.20 REBATE FEES AND 9.12 REBATE SEWAGE FACILITIES, AMENDING SECTION 1.04.100 DEFINITIONS, AND ADOPTING A NEW CHAPTER 6.20 REIMBURSEMENT FEES WHEREAS, it is necessary to revise the District Code to provide a new process for establishing reimbursement fees which VIIOuld require the District Board of Directors to adopt such reimbursement fees by ordinance after conducting a properly noticed public hearing, and having provided additional specific notice to affected property owners prior to the public hearing; and WHEREAS, new code provisions are necessary to clarify the method for calculation of reimbursement fees and procedures for administering reimbursement accounts, provide for special facilities reimbursements, allow establishment of reimbursement accounts prior to construction of special facilities, and establish reimbursement fee deposit accounts, determine reimbursement fee deposit amounts and collect such reimbursement fee deposits from property owners who apply to connect their property to standard or special facilities prior to adoption of reimbursement fees for such facilities; and WHEREAS, to accommodate the needed revisions, existing District Code Chapter 6.20 Rebate Fees and Chapter 9.12 Rebate Sewage Facilities shall be repealed and replaced with a new Chapter 6.20 Reimbursement Fees, and proper notice has been given of the availability of the text of the proposed new chapter for public inspection and review at the District's office; and Page 1 of 3 WHEREAS, a properly noticed public hearing to receive comments on the proposed code revisions was conducted by the Board of Directors at their regularly scheduled meeting on March 19, 1998, at which time the public hearing was continued to their regularly scheduled meeting on May 7, 1998; and WHEREAS, the continued public hearing was properly noticed and was conducted by the Board of Directors at their regularly scheduled meeting on May 7, 1998. NOW, THEREFORE, the Board of Directors of the Central Contra Costa Sanitary District does ordain as follows: Section 1. Existing District Code Chapter 6.20 Rebate Fees and Chapter 9.12 Rebate Sewage Facilities are hereby repealed, effective June 1, 1998. A new Chapter 6.20 Reimbursement Fees, is hereby incorporated as set forth in full in Exhibit "A" to this Ordinance by this reference, and is hereby adopted. Section 2. Existing District Code Section 1.04.100.28 is amended to read: "General Manager-Chief Engineer means the chief executive officer of the District or a duly authorized designee." Section 3. 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, published and circulated within the Central Contra Costa Sanitary District, and shall be effective June 1, 1998. Page 2 of 3 PASSED AND ADOPTED by the Board of Directors of the Central Contra Costa Sanitary District on the 7th day of May, 1998, by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Joyce Murphy, Secretary Central Contra Costa Sanitary District County of Contra Costa, State of California APPROVED as to form: Kenton L. Aim, Counsel for the District James A. Nejedly President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California Page 3 of 3 Sections: 6.20.010 6.20.020 6.20.030 6.20.040 6.20.050 6.20.060 6.20.070 6.20.080 6.20.090 6.20.100 6.20.200 6.20.210 6.20.220 6.20.230 6.20.240 6.20.250 6.20.260 6.20.270 6.20.280 EXHIBIT 1 Chapter 6.20 REIMBURSEMENT FEES Policy statement, findings, declaration of purpose and definitions. Eligibility to establish reimbursement accounts. Installer submittals. Reimbursement fees. Adoption of reimbursement fees by ordinance. Notice to affected property owners. Effective date of reimbursement fees. Collection of reimbursement fee deposits. Installer's maximum recovery of costs. Apportionment of reimbursement funds when more than one installer. Funds and accounts. Adjustment of reimbursement fees and installer's maximum recoveries. Timing for payment of reimbursement fees and deposits. Expiration of reimbursement fees. District not liable. Application of reimbursement provisions only to those complying. Waiver. Effect of chapter. Repeal of prior ordinances. Page 1 of 11 6.20.010 Policy statement. findings. declaration of purpose and definitions. A. It is the policy of the District that public sewage facilities be designed and installed to provide for gravity wastewater utility service to the ultimate tributary service area projected for such facilities, and that the costs for such facilities be fairly and equitably distributed among those customers who will use the facilities. B. The Board of Directors finds: 1. That it is in the public interest for the District to require installers to design and construct public sewage facilities having capacity which exceeds the need attributable to and reasonably related to development of their property to avoid replacement of existing, or construction of additional parallel public sewage facilities to serve properties not provided capacity when the public sewers were first designed and constructed, since such replacement or additional construction results in: a. Increased District capital, operations and maintenance expense; b. Public inconvenience; c. Reduction in the efficiency of collection system operations; and d. Potential public health hazards. 2. That construction of public sewage facilities which are sized and designed to provide wastewater utility service to properties other than those owned or to be developed by the installer is necessary for orderly and proper extension of wastewater utility service to all such properties which could reasonably be served. 3. That it is therefore necessary to require installers to design and construct public sewage facilities having capacity which exceeds the need attributable to and reasonably related to development of their property. 4. That the cost of public sewage facilities should be fairly and equitably distributed among those customers who will ultimately use the facilities, so that the incremental cost to properly size and design such facilities does not prevent the installation of proper public sewage facilities consistent with the policy stated in this Section. 5. That rebate accounts, and rebate fees and charges established under prior ordinances, before June 1, 1998, remain in full effect and shall be Page 2 of 11 considered to be reimbursement accounts, and reimbursement fees under this Chapter 6.20. C. The purpose of this Chapter 6.20 is to require that public sewage facilities have adequate capacity and are configured to handle the sewage flow from the property which could reasonably be served by the facilities, and to provide for fair and equitable distribution of the costs of such facilities through a reimbursement program. The rules and procedures for establishment of reimbursements, and the collection and disbursement of reimbursement funds are governed by this Chapter 6.20. D. The following definitions apply to this Chapter 6.20: 1. ~Standard facilities" means public main, local street and collector sewers installed using conventional construction techniques, and ordinary appurtenances to such public sewers, such as manholes and rodding inlets. 2. ~Special facilities" means public trunk sewers, interceptor sewers, pumping stations, or public main, local street and collector sewers which require special, unconventional installation techniques, such as tunnels, microtunnels, creek or channel crossings requiring bridges, trestles, culverts, and/or channel modifications, greater than 20 foot trench depth requiring use of trenchless technologies and/or unusually costly shoring or traffic control measures, or other non-standard appurtenances of unusually high cost. 3. ~Installer" means a property owner or developer who is financially-responsible for installation of standard or special facilities, the capacity of which exceeds the need attributable to and reasonably related to development of his/her property. 4. ~Bonds" means the project improvement security required by the District to guarantee satisfactory completion and warranty of the standard or special facilities by the Installer, and payment by the Installer to contractors, subcontractors, and others providing equipment, labor or materials for construction of the facilities. 6.20.020 accounts. A. Standard Facilities. public sewage facility which is a Eligibility to establish reimbursement The installer of a standard facility may Page 3 of 11 apply to establish a reimbursement account for the facility by making the post-construction submittals as required by Section 6.20.,030 A. Alternatively, the installer may apply for early establishment of a reimbursement account by completing all of the submittals required by Section 6.20.030 A, substituting estimates of the costs of engineering, right-of-way, construction and bonds for the standard facility, acceptable to the General Manager-Chief Engineer, in place of the contracts and receipts documenting the actual costs therefor. In the case of such early establishment of a reimbursement account, the installer shall also complete the post-construction submittal of contracts and receipts documenting to the satisfaction of the General Manager-Chief Engineer the actual costs of engineering, right-of-way, construction and bonds for the standard facility required by Section 6.20.030 A.4, no later than six months after the District's acceptance of a standard facility, to remain eligible to receive reimbursements under this Chapter 6.20. B. Special facilities. To be eligible to establish a reimbursement account for a special facility, the prospective installer shall obtain the approval of the General Manager-Chief Engineer prior to ,the issuance of a District permit for the construction of the facility. The installer may apply to establish a reimbursement account for the facility by making the preconstruction submittals required by Section 6.20.030 B. To remain eligible to receive reimbursements under this Chapter 6.20 after the District's acceptance of the special facility, the installer shall also complete the post-construction submittals required by Section 6.20.030 C. C. The General Manager-Chief Engineer will determine whether establishing a reimbursement account is justified by evaluating submittals from the installer. If the General Manager-Chief Engineer determines that properties other than those owned or to be developed by the installer could reasonably be physically connected directly to the facility in the case of standard facilities, or could reasonably be served by the facility in the case of special facilities, the installer shall be eligible to establish a reimbursement account. In addition, the installer of a special facility shall be eligible to establish a reimbursement account prior to construction of the special facility, when properties which could reasonably be served by the Page 4 of 11 -_.,_._--._.._._.-_..__._~---_._-~,_.,..__..,-_._-_.._'----_._--~-,--.~-----_. ---_._-~------_.__._-,_...- .-...-,....-".-....-...-.-.-,.-.--...-.---,...-.. special facility in the future receive interim service through use of temporary facilities. 6.20.030 Installer submittals. A. Post-construction submittals for standard facilities. No later than six months after the District's acceptance of a standard facility, the installer shall submit all of the following to the General Manager-Chief Engineer: 1. A scale map delineating the standard facility as well as all parcels which could reasonably be physically connected directly to the standard facility; and 2. A list of all parcels which could reasonably be physically connected directly to the standard facility including each owner's name, address, county assessor's parcel number and current zoning; and 3. A statement disclosing any agreements regarding the sharing of the standard facility costs which exist between the installer and any other party or parties; and 4. Contracts and receipts documenting to the satisfaction of the General Manager-Chief Engineer the actual costs of engineering, right-of-way, construction and bonds for the standard facility. B. Preconstruct ion submittals for special facilities. To provide for evaluation and approval of reimbursements for a special facility prior to the issuance of a District permit for the construction of the facility, the prospective installer shall submit all of the following to the General Manager-Chief Engineer at least 30 days prior to time of his/her application for the permit: 1. A scale map delineating the special facility, as well as all parcels which could reasonably be served by the special facility; and 2. A list of all parcels which could reasonably be served by the special facility including each owner's name, address, county assessor's parcel number and current zoning; and 3. A statement disclosing any agreements regarding the sharing of the special facility costs which exist between the installer and any other party or parties; and 4. Estimates satisfactory to the General Manager-Chief Engineer of the costs of engineering, right-of-way, construction and bonds for the special facility. Page 5 of 11 C. Post-construction submittals for special facilities. In addition to the preconstruct ion submittals required by Section 6.20.030 B, no later than six months after the District's acceptance of a special facility, the installer shall submit all of the following to the General Manager-Chief Engineer: 1. Contracts and receipts documenting to the satisfaction of the General Manager-Chief Engineer the actual costs of engineering, right-of-way, construction and bonds for the special facility; 2. Copies of the maps, parcel lists and statements regarding existing agreements for the sharing of the special facility costs submitted pursuant to Section 6.20.030 B, updated to show any changes. 6.20.040 Reimbursement fees. A. Reimbursement fees will be calculated by dividing the sum of all allowable costs of the standard or special facility by the total number of connections or residential unit equivalents which could reasonably be physically connected directly to the facility in the case of standard facilities, or could reasonably be served by the facility in the case of special facilities. Reimbursement fees will be determined ,based on consideration of the following: 1. Costs which are allowable for inclusion in the calculation of reimbursement fees are those which are directly related to the planning, design and construction of the standard or special facility, including payments to contractors and engineers, securing bonds, and acquiring right-of-way for the project. Ineligible costs include, but are not limited to, attorneys' fees, financing costs, and the installer's overhead and office expenses related to the coordination and supervision of contractors engaged to perform project work. 2. The total number of connections or residential unit equivalents which could reasonably be physically connected directly to the facility in the case of standard facilities, or could reasonably be served by the facility in the case of special facilities will be determined considering zoning regulations of the agency having jurisdiction for determining land use policy in the area to be served, the configuration of the District's existing sewage facilities, the character of development adjacent to the reimbursement area, and site topography. B. The Board of Directors recognizes that the above listed factors may not be the only basis for Page 6 of 11 determining reimbursement fees in every case, and therefore authorizes the General Manager-Chief Engineer to exercise his/her judgement in determining the actual reimbursement fee that applies when, in his/her opinion, modifications are justified. 6.20.050 Adoption of reimbursement fees by ordinance. The District Board of Directors shall adopt reimbursement fees for particular standard and special facilities, from time to time, by ordinance upon a two- thirds vote, after having conducted a properly noticed public hearing, at which oral or written presentations could be made, as part of a regularly scheduled meeting. 6.20.060 Notice to affected property owners. At least ten days prior to the public hearing to receive comments regarding the adoption of reimbursement fees, the Di'strict shall notify the property owner or owners of record of the properties to which such reimbursement fees will be applicable, as identified on the last equalized assessment roll, by U.s. mail of the time and place of the public hearing. The notice shall include a general description of the District's reimbursement fee program, a description of the standard or special facilities installed or to be installed which give rise to the particular reimbursement fee proposed, and the initial amount of the proposed fee. 6.20.070 Effective date of reimbursement fees. The reimbursement fee for a particular standard or special facility shall become effective seven days after publication of the ordinance adopting the reimbursement fee for the particular facility. 6.20.080 Collection of reimbursement fee deposits. To ensure that all property owners pay their fair and equitable share of the cost of standard and special facilities, the General Manager-Chief Engineer may establish reimbursement fee deposit accounts, determine reimbursement fee deposit amounts, and collect such reimbursement fee deposits from property owners who apply to connect their property directly to a standard facility, or to a public sewer upstream of and tributary to a special facility, prior to adoption of a reimbursement fee for the facility. The amount of the reimbursement fee deposit shall be determined by the General Manager-Chief Engineer by the method of Section 6.20.040, substituting estimates of the costs of engineering, right-of-way, construction and bonds for Page 7 of 11 the facility in place of the actual costs therefor. When the reimbursement fee applicable to the facility is adopted by the Board of Directors, the reimbursement fee deposit shall be used to pay the reimbursement fee applicable to the property. Any portion of the deposit, including interest calculated in accordance with California Government Code Section 53079, remaining after payment of the applicable reimbursement fee shall be returned to the property owner. If the applicable reimbursement fee exceeds the deposit, the property owner shall be invoiced by U. S. mail for the difference, and shall pay such amount to the District within 60 days of receipt of such invoice. If no applicable reimbursement fee is adopted within one year of the date of the District's acceptance of the facility, the deposit, including interest calculated in accordance with California Government Code Section 53079, shall be returned to the property owner. The District may accept securities in lieu of cash deposits in accordance with current law. 6.20.090 Installer's maximum recovery of costs. An installer's maximum recovery of costs for installation of a standard or special facility will be calculated as the sum of all allowable costs of the standard or special facility, less the share of the 'cost for the installer's use of the standard or special facility based upon the number of installer connections or residential unit equivalents as determined by the General Manager-Chief Engineer pursuant to Section 6.20.040. The installer's maximum recovery shall also be reduced by the sum of all applicable reimbursement program administration charges which may be established from time to time by the District Board of Directors, and by the sum of all reimbursement fees waived by the installer pursuant to agreements regarding the sharing of costs between the installer and any other party or parties. 6.20.100 Apportionment of reimbursement funds when more than one installer. Where there is more than one installer of a standard or special facility, reimbursement funds collected shall be disbursed in proportion to the allowable costs of the project funded by each of the installers and in consideration of the total number of potential connections or residential unit equivalents, as determined by the General Manager- Chief Engineer. Page 8 of 11 -----_.,,~...,.-,_.~~-_._._..,.,.. ._,._"..."._...-...._._~^~.._-"_._-----,--,-----------_.._" ~----,-~."-_...~~_.__..--_.._----, ---..__._..__.~-----._------,_.., 6.20.200 Funds and accounts. Funds collected by the District under this Chapter 6.20 shall be placed in segregated accounts for each project for which reimbursement fees or deposits are established. Between January 1st and April 1st of each year, the District will review each account to determine which accounts have fund balances. The District will notify each installer by U.S. mail to the last known address of the installer of any accumulated funds collected from connectors. Upon written request by the installer, the District will disburse the accumulated funds. The record of each reimbursement account shall show the amount of the installer's maximum recovery of costs as determined pursuant to Section 6.20.090 and as adjusted pursuant to Section 6.20.210. When this amount is collected and paid, collection of reimbursement fees and payments to the installer shall cease, and the reimbursement account shall be closed. If a request for disbursement of funds is not received from the installer within three years, after an initial District notification, and after two additional yearly notifications have been sent, the funds shall become the property of the District in accordance with general law, if not claimed, or if no verified complaint is filed and served. The District will close the reimbursement account and deposit said ,funds in the District's Sewer Construction Fund. Said notice and deposit dissolves any and all claim the installer may have had to the reimbursement funds, and the District's collection of reimbursement fees for the standard or special facility shall cease. 6.20.210 Adjustment of reimbursement fees and installer's maximum recoveries. A. If at any time, the General Manager-Chief Engineer determines that the allowable costs or the total number of connections or residential unit equivalents which could reasonably be physically connected directly to the facility in the case of standard facilities, or could reasonably be served by the facility in the case of special facilities deviate from the determinations used in calculating the reimbursement fees pursuant to Section 6.20.040, he/she may recalculate the reimbursement fees to be collected from future connectors. If reimbursement fees are recalculated, future connectors may pay a reimbursement fee different from that paid by previous connectors. In the case of such recalculation, the District will not be responsible for collecting additional reimbursement fees from or refunding excess reimbursement fees to previous connectors. Page 9 of 11 B. The General Manager-Chief Engineer shall review installer's maximum recoveries and reimbursement fees from time to time to adjust for the increase or decrease in the value of facilities over time. A review will be undertaken on an account within the year prior to collection of any reimbursement fees payable to that account. The Engineering News Record (EIR) Construction Cost Index shall be the basis for any adjustment and no other interest component will be considered. C. There shall also be an annual adjustment for depreciation based on the useful life of the standard or special facility. The useful life of standard or special facilities for purposes of this Chapter 6.20 is seventy-five years for sewers and forty years for pumping stations. 6.20.220 Timinq for payment of reimbursement fees and deposits. Payment of applicable reimbursement fees and deposits shall be made prior to the time of the District's issuance of a Contractor's or Homeowner's Permit to connect to a public sewer. 6.20.230 Expiration of reimbursement fees. Each reimbursement fee adopted pursuant to this Chapter 6.20 after June 1, 1998, shall automatically expire on the ,twentieth anniversary of the date of the District's acceptance of the standard or special facility for which the reimbursement fee was established. The District's collection of such reimbursement fees shall cease on such expiration date. Any funds remaining in the account as of the expiration date shall be disbursed pursuant to Section 6.20.200, and the reimbursement fee account shall be closed. 6.20.240 District not liable. The District provides the reimbursement program as a convenience for installers and is not liable to any person for failure to establish or collect reimbursements. 6.20.250 Effect of chapter. This Chapter 6.20 or any action taken pursuant hereto does not create any right, title or interest in any property. The Board may change or repeal any portion of this Chapter 6.20 at any time. No property right becomes vested by operation of this Chapter 6.20 and the District is not liable for damage of any nature related to any change or repeal of any portion of this Chapter 6.20. 6.20.260 Repeal of prior ordinances. The ordinance enacting this Chapter 6.20, effective June 1, Page 10 of 11 1998, shall supercede and repeal the District's existing ordinances regarding rebate fees and charges, and rebate sewage facilities as set forth in the former Chapter 6.20 Rebate Fees, and Chapter 9.12 Rebate. Sewage Facilities. The repeal shall occur on June 1, 1998, simultaneous with the taking effect of the new provisions set forth in this Chapter 6.20. However, nothing in the ordinance enacting this Chapter 6.20 is intended to repeal, extinguish, suspend or allow to lapse any obligation to pay rebate fees or charges established under prior ordinances, which obligation accrued on or before June 1, 1998, or for rebate fees or charges which may come due on or after June 1, 1998. For the purposes of this Chapter 6.20, rebate fees or charges established under prior ordinances, which obligation accrued on or before June 1, 1998, and which may come due on or after June 1, 1998, shall be considered reimbursement fees. Page 11 of 11 ~ \0 \0 00 nit' o (t) S. ~. _. s g c:J 8..~ ~r:.n $=: (t) g;S n (t) ~t:i (D ~ ~. ~ ~ (t) (JQ (t) r:.n n (D =:s ~ pu ~ ~ ~ ......:J ,., n o =:s ~ pu n o en f'""t- pu r./J ~ I--l · f'""t- ~ tJ I--l · en ;:t I--l · n f'""t- . 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VJ ~ = 0 ~ VJ .<<"'j- () ~. ~ ~ ~ Vl ~ C. ::to -0 JIl (D ~ ~ ""I ('1) o S Vl ~ ~ ~. (t) = (1) = ~ g.~~~ o a g" ~ a ~ ~...9. I-+) ~ 0 ~ ~ (1) (t) e-S"::s-o g 0 o..g. ('1) cr q~ VJ ~ cr ~g~S""gg~ ()Oo~(t)()s=r ~. ~ .....~. '" ~ ~ ~ """ \.11 ~. Vl ~ :::.. ~ (6 · ~ r::::r (D Vl ~ '< ~. · o..~ 0 ~ ~ ~ . ~ (D ~. S r:;j ~ 00 (D S (D =:i ~ ~ (D (D 00 ~. BOARD OF DIRECTORS .il::\III.llllIlllllllIIJIIIJ!I'lil:il::!i!, BOIWl MEE1l;:';:~ 7, 1998 ;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:::::;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;::::::::~:::::::::::::::::::::::::::::::::::::::::::::::;:;:;:;:;:;:;:;:;:::;:;:; Central Contra Costa Sanitary District Page 1 of 3 NO. 8. ENGINEERING a. DATE TYPE OF ACTION April 30, 1998 ADOPT A RESOLUTION SUBJECT ADOPT A RESOLUTION INFORMING RATEPAYERS REGARDING THE DISTRICT'S POSITION ON PROPOSITION 224: THE GOVERNMENT COST SAVINGS AND TAXPAYER PROTECTION AMENDMENT SUBMITTED BY R. Leavitt & John Mercurio, Mgt. Analysts INITIATING DEPTIDIV Engineering/Planning ISSUE: The Board of Directors desires to inform ratepayers regarding the District's position on Proposition 224: the Government Cost Savings And Taxpayer Protection Amendment appearing on the June, 1998 ballot. BACKGROUND: At its April 16, 1998 meeting, the Board of Directors discussed the merits of Proposition 224. This discussion occurred in response to a letter from Mr. Edwin M. Hultgren, President of the East Bay Chapter of Consulting Engineers and Land Surveyors of California, requesting opposition to Proposition 224. As discussed, Proposition 224 would amend the California Constitution to require that certain local agency contracts, including engineering and design contracts involving expenditure of state funds, be referred to the State Controller to determine whether the contract shall be performed by state civil service employees or awarded through a competitive bidding process. Following consideration of the issue, a majority of the Board of Directors voted to inform District ratepayers of the impact Proposition 224 would have on the cost, quality, and scheduling of District capital projects. In response, staff has prepared the attached resolution expressing the views of the Board of Directors. RECOMMENDATION: Adopt the attached resolution informing ratepayers regarding the District's position on Proposition 224: the Government Cost Savings And Taxpayer Protection Amendment. H:\DA T A \POSPAPER\prop224. wpd 4/8/98 RESOLUTION NO. 98- RESOLUTION ON PROPOSITION 224: THE GOVERNMENT COST SAVINGS AND TAXPAYER PROTECTION AMENDMENT WHEREAS, the Board of Directors of Central Contra Costa Sanitary District is authorized to contract for engineering and design services required by the District in accordance with Government Code Section 4526, pursuant to which the District engages in an extensive qualifications review process to select a firm having the best combination of skills to perform the work at a competitive price; and WHEREAS, Proposition 224, the Government Cost Savings and Taxpayer Protection Amendment, that has been placed on the June, 1998 ballot, would amend the California Constitution to require that certain local agency contracts, including engineering and design contracts involving expenditure of state funds, be referred to the State Controller to determine whether the contract shall be performed by state civil service employees or awarded through a competitive bidding process; and WHEREAS, Proposition 224 would thus require local public entities to delay projects until the State Controller has acted, and then to either use state employees to perform engineering and design contracts or to award such contracts through a competitive bidding process, as opposed to the qualifications-based selection criteria currently employed; and WHEREAS, Proposition 224 would thereby create potentially long delays for vital local projects, dilute the ability of local government to manage, supervise, and secure accountability with respect to the performance of local projects and would deny local government the essential flexibility to contract with firms most qualified to perform the work on time and cost effectively; and WHEREAS, the Board of Directors has determined that the provISions of the Government Cost Savings and Taxpayer Protection Amendment are not in the best interests of Central Contra Costa Sanitary District and its customers; and WHEREAS, the decision of the Board of Directors on Proposition 224 reflects the position of the Board and is intended to provide balanced information to inform the ratepayers regarding Proposition 224. NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of Central Contra Costa Sanitary District position on the Government Cost Savings and Taxpayer Protection Amendment addresses the concerns for cost, quality and potential delay of capital projects; and BE IT FURTHER RESOLVED that the Secretary is authorized to provide a copy of this resolution upon request to persons or organizations to the extent permitted by state law. PASSED AND ADOPTED by the Central Contra Costa Sanitary District Board of Directors this 7th day of May, 1998, by the following vote: AYES: NOES: ABSENT: Members: Members: Members: President of the Board of Directors of the Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California Approved as to form: District Counsel c'A Secretary of State - Primary98 - Text of Prc,r 'ion 224 http://Primary98rl.govNoterGuide/PropositionsI224text.htm ',- I Proposition 224 I Analvsis I State-Funded Design and Engineering Services. Initiative Constitutional Amendment. Proposition 224 - Full Text of the Proposed Law This initiative measure is submitted to the people in accordance with the provisions of Article II, Section 8 of the Constitution. This initiative measure expressly amends the Constitution by adding a section thereto; therefore, new provisions proposed to be added are printed in italic type to indicate that they are new. PROPOSED AMENDMENT TO ARTICLE VII SECTION 1. TITLE This measure shall be known and may be cited as the Government Cost Savings and Taxpayer Protection Amendment. SECTION 2. PURPOSE AND INTENT It is the intent of the People of the State of California in enacting this measure that engineering, architectural, and similar services provided by the State and certain other entities be furnished at the lowest cost to taxpayers, consistent with quality, health, safety, and the public interest; that contracts for such services be awarded through a competitive bidding process, free of undue political influence; and that contractors be held fully responsible for the performance of their contracts. SECTION 3. REQUIREMENTS FOR CONTRACTS FOR ENGINEERING, ARCHITECTURAL, AND SIMILAR SERVICES Section 12 is added to Article VII of the Constitution, to read: SEC. 12. (a) This section shall apply to contracts for engineering, architectural, landscape architectural, surveying, environmental, or engineering geology services awarded by the State of California or by any state agency to any public or private entity. As used in this section, "state agency" means every state office, officer, agency, department, division, bureau, board, and commission but does not include the University of California, the California State University and Colleges, and local public entities. "State agency" also includes a state agency acting jointly with another state agency or with a local public entity. As used in this section, ''local public entity" means any city, county, city and county, including a chartered city or county, public or municipal corporation, school district, special district, authority, or other public entity formed for the local performance of governmental and proprietary functions within limited boundaries. "Local public entity" also includes two or more local public entities acting jointly. (b) This section shall also apply to contracts for services specified in subdivision (a) awarded by private entities or local public entities when the contract awarded by the public or private entity involves expenditure of state funds or involves a program, project, facility, or public work for which the State or any state agency has or will have ownership, liability, 04/06/98 16:59:01 1of3 _ ~~_",,_._~_.,~~~.__"'m__'_____._"_____~____~'~"_'~,._.~"'_.._, .----.-------- CA Secretary of State - Primary98 - Text of Prc.-:.c:tion 224 http://Primary98'''''~'<:I.govNoterGuide/Propositions/224text.htm or responsibility for construction, operation, or maintenance. As used in this section, "state funds" means all money appropriated by the Legislature for expenditure by the State or a state agency and all money included in special funds that the State or a state agency controls. (c) Prior to the award of any contract covered by this section, the Controller shall prepare and verify an analysis of the cost of performing the work using state civil service employees and the cost of the contract. In comparing costs, the cost of performing the work using state civil service employees shall include only the additional direct costs to the State to provide the same services as the contractor, and the cost of the contract shall include all anticipated contract costs and all costs to be incurred by the State, state agencies, and the contracting entity for the bidding, evaluation, and contract award process and for inspecting, supervising, verifying, monitoring, and overseeing the contract. (d) The contract shall not be awarded if either of the following conditions is met: (1) the Controller's analysis concludes that state civil service employees can perform the work at less cost than the cost of the contract, unless the services are of such an urgent nature that public interest, health, or safety requires award of the contract; or (2) the Controller or the contracting entity concludes that the contract would not be in the public interest, would have an adverse impact on public health or safety, or would result in lower quality work than if state civil service employees performed the services. (e) Except for contracts for which a delay resulting from the competitive bidding process would endanger public health or safety, every contract, including amendments, covered by this section that exceeds fifty thousand dollars ($50,000), adjusted annually to reflect changes in the appropriate consumer price index as determined by the Controller, shall be awarded through a publicized competitive bidding process involving sealed bids. Each contract shall be awarded to the lowest qualified bidder. If the contract cost based on the lowest qualified bid exceeds the anticipated contract costs the Controller estimated pursuant to subdivision (c), the Controller shall prepare and verify a revised analysis using the contract bid cost, and that revised analysis shall be used in applying subdivision (d). (f) For every contract covered by this section, the contractor shall assume full responsibility and liability for its performance of the contract and shall defend, indemnify, and hold the State, the contracting entity, and their agents and employees harmless from any legal action resulting from the performance of the contract. (g) This section shall not be applied in a manner that will result in the loss of federal funding to the contracting entity for contracts for services. SECTION 4. SEVERABILITY If any provision of this amendment or its application to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of the amendment which can be given effect without the invalid provision or application, and to this end the provisions of this amendment are severable. SECTION 5. APPLICABILITY OF CURRENT LAW Nothing in this amendment shall expand or restrict the State's constitutional authority, as determined by decisions of the California Supreme Court and California Courts of Appeal in effect on the effective date of this amendment, to enter into contracts with private or public entities. SECTION 6. RELATIONSHIP TO OTHER MEASURES 04/06/9816:59:02 2of3 _._--~----_._.._-_.~----~_.,---,.,._."-_._-----_._._.--.---.-....-.....---,.-.,.-. CA Secretary of State - Primary98 - Text of Prc- -"tion 224 http://Primary981''''''''i.govNoterGuide/Propositions/224text.htm To the extent that any other measure on the same subject shall be on the ballot at the same election, it is the intent of the voters that this measure be deemed, to the maximum extent possible, not to be in conflict with such other measure, but rather that this measure should be harmonized with the other measure. I Proposition 224 I Analvsis I 04/06/9816:59:02 3of3 ----. --,----_.._---,._-_..,-----'-~-_._-~----'-,..,-_.-_..,-~,--_..._~_._-_."-_._----"._--~..."" CA Secretary of State - Primary98 - Propositio ~'1 htlp:/IPrima"'-- ,s.ca.govNoterGuide/Propositions/224. htm I Previous - 223 I Voter Guide I Next - 225 I Analvsis of 224 I State-Funded Design and Engineering Services. Initiative Constitutional Amendment. Official Title and Summary prepared by the Attorney General Full Text of Proposed Law STATE-FUNDED DESIGN AND ENGINEERING SERVICES. INITIATIVE CONSTITUTIONAL AMENDMENT. . Prohibits contracting where performance of work by civil service employees is less costly unless urgent need for contract. . Prohibits contracts which Controller or awarding agency determines are against public interest, health, safety or where quality of work would be lower than civil service work. . Contractors must indemnify state in suits related to performance of contracts. . Requires defined competitive bidding of state-funded design and engineering contracts over $50,000, unless delay from bidding would endanger public health or safety. . Provisions severable and should be harmonized with similar measures on subject. Summary of Legislative Analyst's Estimate of Net State and Local Government Fiscal Impact: . Unknown impact on state and local government costs to obtain construction-related services. Impact would depend largely on factors included in the cost comparison analyses required by the proposition. . Administrative costs to the State Controller--one-time costs of probably less than $500,000 and annual costs of up to $2 million. . Analysis by the Legislative Analyst . Argument in Favor of Proposition 224 . Rebuttal to Argument in Fayor of Proposition 224 . Argument Against Proposition 224 . Rebuttal to Araument Aaainst Proposition 224 I Previous - 223 I Voter Guide I Next - 225 I Analvsis of 224 I I 10f7 04/06/98 16:54:48 .,---,._..,_._-,~..~-~._~._--~_.._._----,..._-~'~- .-..---.-.--------- CA Secretary of State - Primary98 - Analysis 01 - ')osition 224 http://Primary98.ss.cr--WoterGuide/Propositions/224analysis.htm I Text of Proposed Law I Proposition 2241 Araument in Favor I State-Funded Design and Engineering Services. Initiative Constitutional Amendment. Analysis by the Legislative Analyst Background Under California law, services provided by state agencies generally must be performed by state civil service employees. These services cover a broad range of activities--such as clerical support, building maintenance and security, and legal services. In some cases, however, the state may contract with private firms to obtain services. Such contracting is allowed, for example, if services needed by the state are: (1) of a temporary nature, (2) not available within the civil service, or (3) of a highly specialized or technical nature. Unlike the state, local governments are not subject to constitutional restrictions on contracting for services. The state and local governments frequently contract with private firms for construction-related services, which include architecture, engineering, and environmental impact studies. State and local governments enter into these contracts through a process of advertising for the service, selecting the firm that is determined to be best qualified, and negotiating a contract with that firm. Neither the state nor local governments competitively bid for these services. By comparison, competitive bidding generally is used to acquire goods and for construction of projects. Proposal This proposition, a constitutional amendment, requires public entities to use a new process prior to awarding a contract for the following construction-related services: engineering, architecture, landscape architecture, surveying, environmental studies, and geologic studies. (The proposition would not affect contracting out for other types of services.) The new process would apply to: . .:" All state agencies, except the University of California and the California State University. Many local governments and private entities (see below). What Is Involved in This New Contracting Process? The Cost Comparison. Under the process established by the proposition, the State Controller would be required to prepare an analysis for each proposed contract and compare the following: The cost of contracting with a private firm for the services. This would include the anticipated amount a private firm would charge to provide the services plus the cost to bid, award, administer, and monitor the contract. The "additional direct costs" if state employees provide the same services. 04/06/9816:56:49 1of4 GA Secretary of State - Primary98 - Analysis o~~ .:......,osition 224 http://primary98.ss.cr-'NoterGUide/proPositions/224anaIYSis.htm '-.. Generally, the service could be contracted out if the Controller's analysis indicated that the contract was less costly than using state employees. On the other hand, the work would have to be done by state employees if the analysis showed they could do it at lower cost. Competitive Bidding. As noted earlier, public entities currently negotiate contract terms for construction-related services. This prop6sition requires that such contracts costing more than $50,000 be competitively bid to select the lowest qualified bidder. Competitive bidding would not have to be used if it would delay a project and the delay would endanger public health or safety. What Contracts Are Covered Under the Proposition? Direct Contracting by the State. State agencies would have to use this new process if they wanted to contract for construction-related services. In recent years, state agencies have averaged about $150 million annually in spending on these types of contracts. This amount varies annually depending on the state's level of construction activity. Contracts Awarded by Local Governments and Private Entities. Local governments and private entities would also have to use this new process in the following situations: State Funding. of Services for Local Government or Private Projects. Historically, the state has provided significant funding to local governments for various types of facilities-K-12 schools, local roads, community colleges, jails, and parks. Under the proposition, a local government would have to use the new process if it uses state funds to pay a private firm for any part of a construction-related service. State Ownership, Liability, or Responsibility for a Project. In many cases, the state assumes ownership, liability, or responsibility for construction, operation, or maintenance of a local project. This is the case, for example, with regard to the building of K-12 and community college buildings and many locally funded highway projects. Fiscal Effect The potential fiscal effects of this proposition on the state and local governments are discussed below. Impact on the Cost of Providing Services The fiscal impact would depend in large part on the determination of which cost factors to use in comparing the cost of contracting out a service with the "additional direct cost" of the state providing the service. The cost of contracting for a service would be determined from the bid submitted by the private firm. On the other hand, because the term "additional direct costs" is not defined in the proposition, the Controller would have to determine which cost factors associated with using state employees should be included in order to prepare the required analyses. What Are "Additional Direct Costs?" Because the proposition does not define "additional direct cost" there is not a clear answer to this question. Figure 1 lists some of the cost factors the Controller would need to review to determine if they should be counted as additional direct costs. Cost Analysis on Contract-by-Contract Basis. A cost analysis would be required on each individual contract basis. Thus, a cost analysis may not reflect the accumulation of 2of4 04/06/98 16:56:50 CA Secretary of State - Primary98 - Analysis 0 ...~~"-- ")osition 224 http://Primary98.ss.~WoterGuide/PropositionsI224analysis.htm ':.. administrative costs if the state workforce increases to meet workload demand. For example, additional clerical and managerial positions or additional office space for state employees may not be needed for anyone contract, but could be needed if work on many projects were assigned to state employees rather than private firms. Fiscal Effect Depends on Cost Comparisons. The impact of the proposition on state and local costs would depend on the extent to which the cost analyses include all state costs associated with providing these services using state employees. For example: If more of the costs associated with using state employees are included in the analyses, it is more likely that they would provide an "apples-to-apples" comparison of total costs. In this case, the proposition could result in savings. This is because public entities would no longer contract in situations where it is more costly. These savings, however, probably would not be significant. On the other hand, if fewer of the state's costs are counted as "additional direct costs," the analyses would not reflect a true "apples-to-apples" comparison of total costs. In this case, the proposition could result in costs. This is because state employees would be used to perform work where contracting would have been less costly. Because of the uncertainties discussed above, it is difficult to predict the fiscal effect of this proposition. However, a strict interpretation of additional direct costs (for example, only those identified in Figure 1 as "likely to be counted") could result in significant costs to state and local governments. Figure 1 What Cost Factors Might Be Counted As "Additional Direct Costs?" Cost Factors Likely to Be Counted Salaries and benefits of additional state employees needed to perform a service. Office space, furniture, equipment, and travel expenses for the additional employees. Cost Factors Likely Not to Be Counted State agency overhead costs ("top management"). Other state agency overhead costs--such as payroll, accounting, and personnel functions. Mayor May Not Be Counted Hiring and training costs for any additional state employees needed to perform a service. Increased construction costs due to project delays caused by time needed to hire and train additional state employees. Costs of maintaining excess state staff if workload declines. Other Fiscal Impacts The proposition would have other fiscal effects on the state and local governments. For instance, the Controller would have costs to perform the required cost analyses. These 30f4 04/06/9816:56:51 ---,_._----_...._-~._-"_.,._-,..._'--_.._--~.,...~-,..-_.~.,-~._----~_.....~,_.,....'.._._._----"-~---._..--._--"._-~--""-- ,"~- CA Secretary of State - Primary98 - Analysis of., - 'osition 224 http://Primary98.ss.e<.rNoterGuide/Propositions/224analysis.htm "I., costs would depend on the number of requests from state agencies and local governments. We estimate the Controller would have both one-time costs of probably less than $500,000 and ongoing costs of up to $2 million annually. The proposition would affect the state and local governments in other ways. For example, it would take time to develop and implement the new process for evaluating contracts. This would lead to one-time delays in certain public sector construction projects, resulting in possible added inflation-related costs for those projects. I Text of Proposed Law 1 Proposition 2241 ArQument in Favor I 04/06/98 16:56:51 4of4 cA Secretary of State - Primary98 - Argument 'lor of Proposition 224 ~...r..;L. http://Primary98.ss' wNoterGuide/Propositions/224yesarg. htm I Analvsis I Proposition 2241 Rebuttal to Araument in Favor 1 State-Funded Design and Engineering Services. Initiative Constitutional Amendment. Argument in Favor of Proposition 224 Vote YES on: COMPETITIVE BIDDING CONTRACTOR RESPONSIBILITY COST SAVINGS through COST COMPARISONS Improved SAFETY of our state freeways and bridges STOP POLITICAL FAVORITISM AND WASTE Proposition 224, the "Competitive Bidding Initiative," ends the politicians' practice of giving huge, overpriced, no-bid state engineering contracts to their campaign contributors. By requiring competitive bidding from qualified contractors and holding contractors responsible and financially liable for their own mistakes, it will improve the safety of our freeways, bridges, and other public works. By requiring a cost analysis before contracts are awarded, it ensures that taxpayers get the best value for their dollar. Fair, objective competitive bidding will break the link between campaign contributions and state politicians who give overpriced, no-bid contracts to their contributors. "Private contractors receive millions of dollars in work without competition. Reforms are needed to protect the public interest. "--State Auditor Kurt Sjoberg "No-bid contracts are always suspect. ''--Contra Costa Times Although state highway and freeway construction contracts are competitively bid, contracts for construction inspection, design, and other services aren't. Instead, Sacramento politicians simply give out these contracts, to their campaign contributors, at twice what they should cost. Proposition 224 ends this political spoils system by requiring competitive bidding. END THE WASTE OF YOUR TAX DOLLARS Official government documents prove that more than half a billion dollars has been wasted since 1990 on excessive costs of no-bid contracts under the current system. When contractors walk away from their inferior work, the taxpayers get stuck with the bill for doing it over and repairing the mistakes. Proposition 224 requires impartial cost analyses to prove cost effectiveness before contracts are awarded, followed by competitive bidding and contractor responsibility to ensure that tax dollars are spent wisely. IMPROVE HIGHWAY SAFETY "Proposition 224 will mean safer highways for all of us. "--Dan Terry, President, California Professional Firefighters No-bid contracts contributed to corruption and street collapses in Los Angeles, thousands of defects in San Diego bridges, and higher tolls in the Bay Area. While money was being wasted on overpriced, no-bid contracts to campaign contributors, the earthquake 1 of2 04/06/9816:45:29 CA Secretary of State - Primary98 - Argument' -wor of Proposition 224 http://Primary98.ss(''"'ovNoterGUide/Propositions/224yesarg.htm strengthening of our freeway bridges was delayed. As a result, bridges which hadn't been strengthened collapsed in earthquakes. Proposition 224 improves highway safety by awarding contracts only to qualified firms through competitive bidding and holding contractors responsible and financially liable for their own mistakes. "The ultimate responsibility for faulty workmanship has to be on the part of the contractors hired to do the job. They, not taxpayers, should foot the bill for redoing the work. "--San Diego Union-Tribune The politicians even allowed a contractor to hire its own inspectors, resulting in more than 10,000 defective welds on a bridge strengthening project! "When the state of California lets the foxes guard the hen house, no one should be surprised when the chickens get eaten. "--San Diego Union-Tribune Join with law enforcement, firefighters, teachers, seniors, and small businesses. VOTE YES ON COMPETITIVE BIDDING: SAVE LIVES, SAVE MONEY, AND END POLITICAL CRONYISM! VOTE YES ON PROPOSITION 224! DON BROWN President, California Organization of Police & Sheriffs, COPS BEN HUDNALL Business Manager, Engineers & Scientists of California WOODY ALLSHOUSE President, CDF Firefighters I Analvsis I Proposition 224 I Rebuttal to Araument in Favor I 2of2 04/06/9816:45:30 C"A Secretary of State - Primary98 ...gument in "''''r of Proposition 224 http://Primary98.ss'''''~~'ovNoterGuide/PropositionsI224yesrbt.htm I Araument in Favor I Proposition 224 I Araument Aaainst I State-Funded Design and Engineering Services. Initiative Constitutional Amendment. Rebuttal to Argument in Favor of Proposition 224 deception: n. the practice of deceiving or misleading The STATE BUREAUCRATS BEHIND PROPOSITION 224 and their political cronies are trying to deceive you. Ask yourself: Would a state bureaucrats group (mostly Caltrans employees) really spend millions of dollars on a ballot measure to protect YOUR interests? Not likely. --Will Proposition 224 save taxpayers money? No. Proposition 224 SHIFTS PRIVATE SECTOR JOBS TO the PUBLIC PAYROLL. BIGGER GOVERNMENT. HIGHER TAXES. That's why the CALIFORNIA TAXPAYERS' ASSOCIATION and other MAJOR TAXPAYER GROUPS OPPOSE IT. --Will it make bidding more competitive? No. Talk about the ULTIMATE DECEPTION! DISGUISED as "competitive bidding," Proposition 224 RIGS the SYSTEM to PROTECT STATE BUREAUCRATS AGAINST COMPETITION from the private sector by virtually PROHIBITING STATE and LOCAL GOVERNMENTS FROM CONTRACTING OUT design, engineering and environmental work. --Will it save lives? No. It virtually ELIMINATES the USE of PRIVATE SEISMIC EXPERTS, DELAYING and COMPROMISING ALREADY OVERDUE EARTHQUAKE RETROFITTING of HIGHWAYS, SCHOOLS and HOSPITALS. "Proposition 224 will also delay construction of additional classrooms needed to reduce class sizes and accommodate the growth in student population. " --California State PT A --Will it increase accountability? No. Proposition 224 LETS STATE BUREAUCRATS OFF THE HOOK! Current law already holds private contractors fully liable for their mistakes. Proposition 224 could also hold them responsible for DANGEROUS HIGHWAY AND BRIDGE DESIGN MISTAKES MADE BY CAL TRANS EMPLOYEES (the bureaucrats promoting this deceptive initiative). BIGGER GOVERNMENT. HIGHER TAXES. LESS ACCOUNTABILITY. DON'T LET THE BUREAUCRATS GET AWAY WITH IT! IF YOU SUPPORT COMPETITIVE BIDDING. . . VOTE "NO" on PROPOSITION 224! PROFESSOR PAUL FRATESSA 1 of 2 04/06/9816:47:54 CA Secretary of State - Primary98 ...gument in-. or of Proposition 224 httP:"Primary98.s~( lovNoterGuide/Propositions/224yesrbt.htm Former Chair, Seismic Safety Commission ALLAN ZAREMBERG President, California Chamber of Commerce JANE ARMSTRONG State Chairman, Alliance of California Taxpayers and Involved Voters I Araument in Favor I Proposition 224 I Araument Aaainst I 2 of 2 04/06/98 16:47:55 CA Secretary of State - Primary98 - Argument 'st Proposition 224 http://Primary98.s~--'ovNoterGuide/PropositionsI224noarg.htm " .... I Rebuttal to Araument in Favor I Proposition 224 I Rebuttal to Araument Aaainst I State-Funded Design and Engineering Services. Initiative Constitutional Amendment. Argument against Proposition 224 BEWARE: Proposition 224 is NOT what it pretends to be. It's a wolf in sheep's clothing. That's why EARTHQUAKE SAFETY EXPERTS, CITIES, COUNTIES, SCHOOL DISTRICTS, HOSPITALS, BUSINESSES, LABOR, TEACHERS, PARENTS and TAXPAYER GROUPS throughout California OPPOSE PROPOSITION 224! --WHO'S BEHIND PROPOSITION 224? WHY HAVE THEY DISGUISED ITS REAL PURPOSE? A group of state bureaucrats (primarily Caltrans employees) spent millions to put Proposition 224 on the ballot. Why? They want you to believe it's to save taxpayers money. Would a state bureaucrats group really spend millions of their OWN dollars to save YOU money? Hardly. Read the fine print! DISGUISED as a "competitive bidding" initiative, Proposition 224 creates a RIGGED formula that virtually PROHIBITS STATE GOVERNMENT, CITIES, COUNTIES and SCHOOL DISTRICTS FROM CONTINUING to CONTRACT for design, environmental and engineering work with the private sector. --PROPOSITION 224 VIRTUALLY PROHIBITS THE CONTINUED USE OF PRIVATE SECTOR SEISMIC EXPERTS TO MAKE HIGHWAYS, OVERPASSES AND BRIDGES EARTHQUAKE-SAFE. Contracting out design work for seismic retrofitting, schools, hospitals, highways and bridges keeps the government payroll from ballooning and permits the use of private expertise. Proposition 224 would essentially halt this practice. The bureaucrats behind Proposition 224 want more work brought in-house, CREATING MORE PUBLIC PAYROLL JOBS. --PROPOSITION 224 REPRESENTS A HUGE SHIFT OF JOBS FROM THE PRIVATE SECTOR TO THE PUBLIC PAYROLL. MORE STATE BUREAUCRATS! BIGGER GOVERNMENT! HIGHER TAXES! Economic analysis reveals it would mean thousands of LOST PRIVATE SECTOR JOBS and force California to HIRE up to 15,600 NEW BUREAUCRATS at a TAXPAYER COST of $1,700,000,000 ANNUALL Y--that's BILLION, with a "B". --LOCAL GOVERNMENTS OPPOSE PROPOSITION 224. IT TAKES AWAY LOCAL CONTROL. CREATES COSILY BUREAUCRATIC DELAYS AND GIVES ONE POLITICIAN ENORMOUS NEW POWERS. It forces cities, counties and school districts to seek the state controller's approval before contracting out design work on school, road, hospital, water treatment and other building projects. That's TOO MUCH POWER to give ONE POLITICIAN. It would DELA Y VITAL PROJECTS and REDUCE TAXPAYER ACCOUNTABILITY. 10f2 04/06/9816:50:07 CA Secretary of State - Primary98 - Argument .inst Proposition 224 http://Primary98.S'~']ovNoterGuide/Propositions/224noarg.htm ~~ --THESE AND HUNDREDS OF OTHER GROUPS SAY: VOTE NO on PROPOSITION 224! California Taxpayers' Association OPPOSES Alliance of California Taxpayers and Involved Voters OPPOSES Responsible Voters for Lower Taxes OPPOSES Howard Jarvis Taxpayers Association OPPOSES Structural Engineers Association of California OPPOSES American Institute of Architects OPPOSES League of California Cities and over 100 cities and counties OPPOSE California Teachers Association OPPOSES California School Boards Association OPPOSES California State PT A OPPOSES National Federation of Independent Business OPPOSES California Association of Homes and Services for the Aging OPPOSES California Healthcare Association OPPOSES California Building Industry Association OPPOSES California Chamber of Commerce OPPOSES Consulting Engineers and Land Surveyors of California OPPOSES California Minority & Women Businesses Coalition OPPOSES California Council for Environmental and Economic Balance OPPOSES California Association of School Business Officials OPPOSES Association of California Water Agencies OPPOSES California Park and Recreation Society OPPOSES State Building and Construction Trades Council of California, AFL-CIO OPPOSES Operating Engineers, Local 3, AFL-CIO OPPOSES California Association of Realtors OPPOSES Associated General Contractors OPPOSES and HUNDREDS of SEISMIC ENGINEERS OPPOSE PROPOSITION 224! LARRY MCCARTHY President, California Taxpayers' Association LORING A.,*WVLLlE, JR. Past President, Earthquake Engineering Research Institute RON SATES President, League of California Cities I Rebuttal to ArQument in Favor I Proposition 224 I Rebuttal to Araument Aaainst I 20f2 04/06/98 16:50:09 CA Secretary of State - Primary98 ...0 Argumer~qainst Proposition 224 http://Primary98.f~-'.govNoterGuide/Propositions/224norbt.htm I Aroument Aoainst I Proposition 224 I Next Proposition (225) I State-Funded Design and Engineering Services. Initiative Constitutional Amendment. Rebuttal to Argument against Proposition 224 90% OF THE OPPOSITION'S CAMPAIGN MONEY COMES FROM CONSULTANTS WHO RECEIVE NO-BID GOVERNMENT CONTRACTS! Of course, they oppose Prop. 224's requirements for cost effectiveness, competitive bidding, and contractor responsibility! If it passes, their gravy train will run out of gravy! All the pork will be gone from their political pork barrel! THE SAME GANG THAT OPPOSED PROPOSITION 13 OPPOSES PROPOSITION 224! The Chamber of Commerce (big business), the League of Cities (local politicians), CalTax and others. Voters ignored them and approved Proposition 13, saving billions for taxpayers. Vote yes on Prop. 224! "We are very strong supporters of privatization, but the only way it is going to work is to have open bidding," Joel Fox, President, Howard Jarvis Taxpayers Association; San Bernardino Sun, 9/12/95. REAL EARTHQUAKE SAFETY EXPERTS, THE ENGINEERS WHO DESIGN AND BUILD OUR BRIDGES, SUPPORT PROPOSITION 224. So do the Engineers and Architects Association, and the Council of Engineers and Scientists Organizations. America is based on competition. COMPETITIVE BIDDING AMONG QUALIFIED FIRMS saves money and cuts bureaucracy. HOLDING CONTRACTORS RESPONSIBLE for their work improves highway and bridge safety. Claims that competitive bidding will raise taxes, cause delays, or prohibit contracting out are ridiculous! Will competitive bidding SAVE TAXPAYERS MONEY? OF COURSE IT WILL! "We need competitive bidding. The current system favors the big boys, excludes small companies, promotes corruption, and wastes tax dollars." Edmundo Lopez, President, Hispanic Contractors Association BREAK THE LINK BETWEEN CAMPAIGN CONTRIBUTIONS AND NO-BID CONTRACTS. COMPETITIVE BIDDING MAKES SENSE. YES ON PROPOSITION 224! ARTHUR P. DUFFY Chairman, Taxpayers for Competitive Bidding LOIS WELLINGTON President, Congress of California Seniors EDMUNDO LOPEZ President, Hispanic Contractors Association I 1 off 04/06/9816:52:50 ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS Page 1 of 3 BOARD MEETING OF NO. May 7, 1998 8. ENGINEERING b. DATE TYPE OF ACTION April 29, 1998 AUTHORIZE AGREEMENT SUBJECT AUTHORIZE THE EXECUTION OF AN AGREEMENT WITH THE CITY OF LAFA VETTE FOR SEWER REPLACEMENT IN GLENSIDE DRIVE, DISTRICT PROJECT NO. 5166, AS PART OF THE CITY'S ROHRER DRIVE AND GLENSIDE DRIVE IMPROVEMENTS PROJECT SUBMITTED BY Curtis W. Swanson, Principal Engineer INITIATING DEPT/DIV Engineering Department/Environmental Services ISSUE: Board of Directors' authorization is required for agreements with other public agencies. BACKGROUND: The City of Lafayette (City) is planning to improve a section of Glenside Drive between Los Palos Manor and Las Trampas Road in Lafayette (see attached map). The road improvements include replacement of storm drains and regrading and paving of the roadway. Construction of the road improvements is planned to begin in summer 1998. District staff had been planning to replace approximately 600 feet of deteriorated 1 5-inch trunk sewer and 6-inch main sewer along Glenside Drive during 1999 as part of the Collection System Renovation Program, DP 5166. City encroachment permit requirements do not allow utility construction in a newly paved street for five years unless the utility pays a pavement restoration fee. In this case, the restoration fee is estimated to be $35,000. To avoid the pavement restoration fee and to foster cooperation with the City, District staff proposes to construct the sewer replacement as a joint project with the City's road improvements project. District staff has negotiated an agreement with the City of Lafayette for the joint sewer and road improvements project. Under the proposed agreement, the City of Lafayette will be responsible for project bidding and construction management. For these services, the District will pay the City an amount equal to 3 percent of the sewer construction costs, which equates to $4,200. The District will be responsible for the sewer construction costs and will provide construction staking, sewer construction inspection, and engineering services during sewer construction. District approval of the contract documents prior to advertisement and approval of the lowest, responsible bidder prior to award by the City is required under the proposed agreement. f//f JSM H :\PP\Agreement-City Lafayette .CWS. wpd 4/8/98 DATE April 29, 1 998 Page 2 of 3 SUBJECT AUTHORIZE THE EXECUTION OF AN AGREEMENT WITH THE CITY OF LAFA VETTE FOR SEWER REPLACEMENT IN GLENSIDE DRIVE, DISTRICT PROJECT NO. 5166, AS PART OF THE CITY'S ROHRER DRIVE AND GLENSIDE DRIVE IMPROVEMENTS PROJECT Staff has concluded that the District's portion of this project is exempt from the California Environmental Quality Act (CEOA) under District CEOA Guidelines, Section 18.3, since it involves replacement of existing public sewage facilities on the same sites as the facilities being replaced with negligible or no expansion of dry-weather capacity. Approval of the District's portion of this project will establish the Board of Directors' independent finding that this project is exempt from CEOA. The estimated cost of the Glenside Drive sewer replacement is $140,000. The Collection System Renovation Program, DP 5166, is described on pages CS-57 through CS-58 of the 1997-98 Capital Improvement Budget. RECOMMENDATION: Authorize the President of the Board of Directors and the Secretary of the District to execute an agreement with the City of Lafayette for sewer replacement in Glenside Drive, DP 5166, as part of the City of Lafayette's Rohrer Drive and Glenside Drive Improvement Project. H :\PP\Agreement-City Lafayette. CWS. wpd 4/8/98 ~ 4> E .c U 2 "0 -- to to ;n -;;; ~ (5 U -- ". Central Contra Costa ~ Sanitary District it ,- c: .., .; .., "co c: .!! a:> en S!! 5~ S ' U'" <>'N PROJECT LOCATION r" /r _1/ /-----.--- _/ ,/ /-------- /" /" /" /" /" + < ATTACHMENT PROJECT AREA . GLENSIDE DRIVE IMPROVEMENT 1 r ~ .. . Central Contra Costa Sanitary District BOARD OF DIRECTORS Page 1 of 2 BOARD MEETING OF NO. May 7, 1998 8. ENGINEERING c. DATE TYPE OF ACTION April 16, 1998 AUTHORIZE AGREEMENT SUBJECT AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH G. S. DODSON AND ASSOCIATES FOR THE SAN RAMON PUMPING STATION FACILITIES PLAN, DP 5910; AUTHORIZE $100,000 FROM THE COLLECTION SYSTEM PROGRAM CONTINGENCY ACCOUNT FOR THE SAN RAMON PUMPING STATION FACILITIES PLAN, DP 5910 SUBMITTED BY Joseph Pomroy, Assistant Engineer INITIATING DEPT/DIV Engineering Department/Infrastructure Division ISSUE: Board of Directors' authorization is required for the General Manager-Chief Engineer to execute professional service agreements for amounts greater than $50,000. Board of Directors' authorization is required for allocations from Capital Improvement Budget (CIB) program contingency accounts in amounts greater than $25,000. BACKGROUND: In June 1997, the District annexed the eastern half of the Dougherty Valley (Windemere Ranch). On September 4, 1997, the Board of Directors approved the Specific Facilities Plan for Wastewater Utility Service to Dougherty Valley and tributary properties and determined that construction of a new gravity tunnel and trunk sewer between the valley and the District's existing San Ramon Pumping Station is the most appropriate means for extending service to the area. This new development, which will significantly increase flows to the pumping station over the next 30 years, will require major improvements to be constructed at the San Ramon Pumping Station. Staff recommends that a professional engineering consultant, G. S. Dodson and Associates, be engaged to perform facilities planning of the pumping station improvements because of the size and time schedule of the project. A Request for Proposal (RFP) was distributed to eight engineering firms. Four firms submitted written proposals. The proposals were reviewed, and the project teams were interviewed by a panel consisting of District engineering staff and Mr. Robert Gresens of Dublin San Ramon Services District. The four firms responding to the RFP were Brown and Caldwell, Montgomery Watson, G. S. Dodson and Associates, and HDR Engineering, Inc. The review panel recommends that G. S. Dodson and Associates be selected to prepare the San Ramon Pumping Station Facilities Plan. Staff has negotiated a cost-reimbursement agreement with G. S. Dodson and Associates with a cost ceiling of $55,300. The San Ramon Pumping Station Facilities Plan is not included in the 1997-98 CIB. Authorization of funds for this project at this time will allow the District to finalize a plan which will evaluate the capacity and reliability of the existing station before any additional flow is received from the Dougherty Valley development. Any needed pumping station improvements will be phased to match the progress of the development. ~\J cws H:\PP\San Ramon PS-G. S. Dodson.wpd 9/16/96 A . DATE April 16, 1998 Page 2 of 2 SUBJECT AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH G. S. DODSON AND ASSOCIATES FOR THE SAN RAMON PUMPING STATION FACILITIES PLAN, DP 5910; AUTHORIZE $100,000 FROM THE COLLECTION SYSTEM PROGRAM CONTINGENCY ACCOUNT FOR THE SAN RAMON PUMPING STATION FACILITIES PLAN, DP 5910 At the Board meeting held on January 8, 1998, staff made a presentation on the financial impacts of the Dougherty Valley development. Included in the information presented was the concept that the expansion of the San Ramon Pumping Station will be paid for by fees collected in the future from the builders of houses in the Dougherty Valley. This concept is in contrast to the installation of the tunnel and trunk sewers, the cost of which will be paid directly by the developers of Dougherty Valley. Since the costs of the pumping station improvements will be paid by future connectors and since these improvements are excluded from the agreement being finalized between the District, Windemere, and Shapell, the preparation of the facilities plan may commence now. The environmental impacts of construction and operation of the tunnel, trunk sewer, and San Ramon Pumping Station facilities were addressed in Contra Costa County's 1996 Final Subsequent Environmental Impact Report, Windemere - Phase I and Gale Ranch - Phase II (SCH# 96012003). The District's Board of Directors reviewed this Environmental Impact Report (EIR) during its deliberations regarding annexation of the Windemere property in June 1997 and established its independent finding that the environmental impacts of construction and operation of the tunnel, trunk sewer, and San Ramon Pumping Station facilities can be reduced to less than significant levels through implementation of the mitigation measures required of the project by Contra Costa County . RECOMMENDATION: · Authorize the General Manager-Chief Engineer to execute an agreement with G. S. Dodson and Associates with a cost ceiling of $55,300 to prepare a facilities plan of the San Ramon Pumping Station Improvements, DP 5910. · Authorize the General Manager-Chief Engineer to allocate $100,000 from the Collection System Program contingency account for the San Ramon Pumping Station Facilities Plan, DP 5910. H:\PP\San Ramon PS-G. S. Dodson.wpd 9/16/96 ~- Central Contra Costa Sanitary District BOARD OF DIRECTORS illl.IIIIIIIII:::III.II.I'llllii:i::~ OOARDMa~ 7, 1998 ......................................................................................................................................................................................... Page 1 of 4 NO. 9. HUMAN RESOURCES a. May 1,1998 TYPE OF ACT10N ADOPT PROGRAM DAlE SUBJECT ADOPT EMPLOYEE RECOGNITION PROGRAM KNOWN PS "SUCCESS SHARING" SUBMTTED BY Cathryn R. Freitas, Human Resources Manager NTlAllNG DEPTIOIV Administrativell-luman Resources ISSUE: Board approval is required to implement an employee recognition program. BACKGROUND: As part of the 1997 negotiation, the board agreed to consider an employee recognition program. The pertinent language from the Side Letter to the Memorandum of Understanding with Local One states: "The District WlI form an Ad Hoc committee made up of representatives from each bargaining group to develop an Employee Recognition Award Program to recommend to the Board of Directors. The membership of this committee will have equal representation from each group. The Public Employees' Union, Local 1 , will be invited to select their member representation for this committee no later than November 1, 1997. The Committee shall have its first meeting no later than November 14, 1997." The employee committee, known as the Success Sharing Task Force, is comprised of the following members: Employee Association President Paul Kelly, Employee Association VICe-President Dave Rolley, MSlCG President Curt Swanson, MSlCG representative Jim Belcher, and Management Group representatives John Pearl and Harriette Heibel. The committee membership is interdepcirtmen as vveII as bargaining unit specific. The Task Force has held a number of meetings since November 1, 1997. Copies of the meeting minutes and handouts have been previously forwarded to the Board after each meeting of the Task Force. The Task Force has worked diligently to prepare the attached policy statement Exhibit A, to the Board. It is the desire of the Task Force to recommend a program which would be considered win-win for the employees and the Board, on behalf of the customers. Acknowledging the necessity of cost controls to remain competitive in this age of utility privatization, the Task Force believes that employees are highly motivated to achieve the best customer service, productivity and efficiency possible. They also believe employees should be rewarded for contributions to the work place which are beyond the scope of their daily responsibilities. Consequently, the Task Force has proposed a program of monetary incentives for employees to work together in developing new revenues and cost savings over the course of the program. The additional revenues/cost savings would be calculated over a twelve month period from the date of implementation (or less if the idea is submitted during the final twelve months of the eighteen month program) and would be shared equally, 50 percent each between our customers and employees. ~ PM ~Tro~ ~ C:\WP51 \DOCS\SUCCSH2.PPR 9/16/96 ~----~------_......-..-----~- --_.__._._~--,--"-----"--~_.,--------_._-~-,..._--_._'-~-"_.._-,_....._--_..._----_._,._.__..-.....__._---_..- ..~,-_.__._,_.~----_._-_._- .-"" May 1,1998 Page 2 of4 SUB.ECT ADOPT EMPLOYEE RECOGNITION PROGRAM KNOWN PS "SUCCESS SHARING" As outlined in the policy statement, employee ideas for cost savings 'NOU1d be submitted to an employee oversight corrmittee. Ntw research by the committee, in concert with management and supervisor input as needed, concepts fa' cost savings approved by the committee \NOuld be submitted to senior management for review and approval and then to the Board for approval and inclusion in the program. This procedure \NOuld allow for analysis of ideas by management and the Board and an opportunity for staff to establish an auditable trail of revenue/savings. Ideas would be screened by the Oversight Committee according to the following aiteria: · Cannot constitute a gift of public funds; · Must be auditable; · Must not adversely affect customer service or systems reliability; · Meets safety regulations; · Meets all legal permit requirements; · Complies with labor agreements; · Revenues/savings must be the result of initiative on the part of employees; cannot be part of normal responsibilities; · Labor savings must be produced by employee generated ideas and must be realized by payroll and benefit reductions that OCC4r consequentially. Such reductions cannot be offset by hiring temporaries or the use of overtime; · Does not contribute to an inaease in the number of sewer overflows; · Generates cost savings or revenues during the program in excess of the baseline measurement for a given \NOrk process or expense; · Does not adversely affect the physical appearance of the facilities; · Exdudes Capital Projects. A draft of the policy statement was submitted to the Board Personnel Committee and discussed with the full Board in Closed Session on March 5, 1998 and April 2, 1998. The Board has established a cap of $500,000 in revenues Isavings for the period of July 1, 1998 through December 31, 1999 with one payout in Spring 2000, prior to the expiration of the current labor bargaining agreements. RECOMMENDATION: Adopt the Employee Recognition Program known as "Success Sharing." Exhibit A SUCCESS SHARING PROGRAM MISSION STATEMENT As part of the 1997 labor agreements, the employee bargaining groups agreed to "form an Ad Hoc Committee made up of representatives from each bargaining group to develop an Employee Recognition Award Program to recommend to the Board of Directors." At this time, the Committee believes that the most meaningful employee awards are monetary. Accordingly, the Committee proposes a program to recognize employee innovations which save the customers money. Each of the employees would be able to share in the success of these innovations. As proposed, the Central Contra Costa Sanitary District Success Sharing Program is an incentive plan that links continuous improvement measures with monetary benefits to be shared by the Board, on behalf of the customers, and the employees. Employees will be encouraged to work together to find ways to make improvements against baseline measurements. Cost savings above the baselines will then be shared between the employees and the customers. Specifically. ideas for cost savings or improvements will be recommended by employees to a labor-management Oversight Committee. If approved by the Committee for indusion in the program, the Oversight Committee will forward the idea with their recommendation to Senior Management for review. If approved by Senior Management, the idea will be sent to the Board. After Board approval, the Committee will establish a method of monitoring progress. The primary goals of the program are to: · Achieve cost-savings while maintaining the greatest level of customer satisfaction; · Increase District efficiency and productivity; · Improve the quality of work life by providing financial incentives for employees; and · Encourage employees to actively participate in the operation of the. District. All full and part-time regular employees, except Senior Management. will be eligible to share in the savings as a result of the program. It is proposed that the payout will be based on the savings realized during a one year period and divided equally between the customers (50%) and the employees (50%). The employee share will be divided equally among the eligible employees. Revenues/savings will accrue for twelve months after the idea is approved and implemented. If the idea is approved during the final twelve months of the eighteen month period. the revenues/savings will accrue only for the months they accumulated during the program. Part-time employees will receive a prorated payout based on the hours they were paid during the year. For example, a half-time employee would receive half of the payout of a full-time employee. The employees who resign or retire will receive a prorated share of the savings based on the number of months worked during the period of measurement. Temporary employees are ineligible. Employees are encouraged to develop ideas for savings. These ideas may be communicated to the Oversight Committee directly completing a designated form. Supervisor and/or manager input is encouraged but not required. The intent of the program is to solicit ideas from individuals or natural work groups so that the employees most dosely involved in a work process will suggest revisions or improvements to their own work. When ideas focus on work problems beyond a 1 single work group, the Work Redesign Steering Committee may be requested to become involved and sponsor a process redesign team comprised of members from various departments. Managers and supervisors will be responsible for considering all ideas, providing feedback to the employee(s) and Oversight Committee, locating resources to assist the Committee, employees and/or teams, and monitoring financial data on a frequent basis. When necessary, they must provide documentation to the Oversight Committee regarding the possibility of appropriate adjustments to the baselines. The program will be administered and monitored by the Oversight Committee. Committee membership will consist of six members--two members appointed by each bargaining unit It is preferable for the bargaining units' representation to be inclusive of the four departments, e.g., Administrative, Collection System Operations, Engineering, and Plant Operations. The Committee will review each idea on its merits. For an idea to be accepted into the program it must meet the following tests: . Generate cost savings or revenue enhancements during the program period in excess of the baseline measurement for a given work process or expense; . Labor savings are allowable; however, they must be generated by employee initiated changes and must be realized by actual cost reductions. Increases in related temporary and overtime expenses must be deducted from the savings; . Have savings or additional revenue which are auditable; . Meet legal standards for employee compensation (cannot constitute "a gift of public funds" as defined by law); · Meet safety regulations; . Meet all legal permit requirements (NPDES, EPA, air quality, etc.) and sound operating practices; . Complies with and/or does not violate the Memoranda of Understanding; . Does not adversely affect the number of sewer overflows; · Maintains systems reliability; . Results from activity above and beyond the employee's normal scope of responsibilities; . Does not adversely affect the physical appearance of the facilities; and · Maintains customer service levels. The Oversight Committee is responsible for establishing and maintaining program integrity, monitoring progress, reviewing data, recommending the actual payout to Senior Management; preparing interim reports and correspondence to employees on savings, activities and baseline information. The effective date for the Success Sharing Program is July 1, 1998 through December 31, 1999. The payoff from the savings will occur in the Spring 2000. The cap on savings is $500,000. This equates to $250,000 for the Board and $250,000 or approximately $1000 per employee if maximum savings or revenues are achieved. 2 ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS 11.1!1111.111111111.1111111.1.1.11111.111 OOAROMa~ 7, 1998 Page 1 of 1 NO. 9. HUMAN RESOURCES b. May 6, 1998 TYPE OF ACTlON HUMAN RESOURCES DATE SUBJECT ADOPT RESOLUTION APPOINTING DAVID J. CLOVIS TO THE POSITION OF SAFElY AND RISK MANAGER, M-33 ($5,~7,228lMo.), EFFECTIVE APPROXIMATELY JUNE 1,1998. SUBMITTED BY Roger J. Dolan, General Manager-Chief Engineer INITIATING OEPTIOIV AdministrativeJSafety and Risk Management ISSUE: Appointment of individuals to management positions requires the approval of the Board of Directors. BACKGROUND: Risk Manager Bonnie Allen announced her retirement effective March 31, 1998. Board approval was received to fill the vacant position. David M. Griffith and Associates was hired by the District as the consultant to recruit for the new Safety and Risk Manager. After an extensive recruitment, oral interviews were held on February 24, 1998. The panel of the District's four Department Directors interviewed seven candidates and an initial offer of employment was made to and accepted by a candidate from Southern California. The Board approved the appointment in March, 1998 and the individual announced in April, 1998 that he decided not to relocate. An eighth candidate was then interviewed on April 21, 1998. Following this interview, two of the candidates were invited back to tour District facilities, meet with District safety personnel and meet again with District Directors and the General Manager-Chief Engineer on April 28 and 29, 1998. Based upon all these interviews, Mr. David Clovis was selected by the Senior Management Team. Mr. Clovis has been the Risk Manager at East Bay Regional Park District since 1989. He possesses an Associate of Arts Degree in Administration of Justice, is currently completing his Bachelor's degree and obtained his Associate Risk Manager certification in 1991. A copy of Mr. Clovis' resume will be distributed to the Board members. Staff recommends appointing Mr. Clovis to the position of Safety and Risk Manager effective on or about June 1, 1998. RECOMMENDATION: Adopt resolution appointing David Clovis to the position of Safety and Risk Manager, M-33, ($5,946-$7,2281mo.), effective approximately June 1,1998. INITlATING DEPARTMENTIDMSION P:\OFFICE\WPWIN\TEMPLA TE\A_BD-MGT\POSPAPER.WPT 3119/98 RESOLUTION NO. 98-048 A RESOLUTION APPOINTING DAVID J. CLOVIS TO THE POSITION OF SAFETY AND RISK MANAGER - BE IT RESOLVED that David J. Clovis be appointed to the position of SAFETY AND RISK MANAGER, M-33 ($5,946 - $7,228) and be entitled to benefits accorded to the Management Group by Resolution No. 85-042 and subsequent Memoranda of Understanding. PASSED AND ADOPTED this 7th day of May, 1998, by the following vote: AYES: Members: Boneysteele, Lucey, Menesini, Nejedly NOES: Members: None ABSENT: Members: Hockett President of the District Board of the Central 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 ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS May 7, 1998 Page 1 of 2 NO.la. L EGALI LITIGATION a. BOARD MEETING OF DATE TYPE OF ACTION April 21, 1998 AUTHORIZE STAFF TO FILE LAWSUIT SUBJECT AUTHORIZE STAFF TO FILE SUIT IN SMALL CLAIMS COURT AGAINST MICHAEL GONCE REGARDING NONPAYMENT OF CONNECTION FEES FOR 55 LONGRIDGE ROAD IN ORINDA, CALIFORNIA SUBMITTED BY Dennis Hall, Associate Engineer INITIATING DEPT/DIV Engineering Department/Environmental Services ISSUE: Board approval is required before initiating Small Claims Court action against Mr. Michael Gonce for non-payment of the District's connection fee in the present amount of $3,248. BACKGROUND: On May 15, 1995, the District reviewed and stamped Mr. Gonce's building plans (new single-family home) prior to his submittal of the plans to the Contra Costa County Building Department for a residential building permit. As part of the District process, the applicant was informed that prior to making a connection to the District's system, the applicant must return to the District to pay appropriate fees. In addition the stamp placed on the building plans clearly notes that "the proposed structure may not be connected to the public main until applicable connection fees are paid to CCCSD." Mr. Gonce received his building permit from Contra Costa County on June 4, 1995, and the County's final building inspection on May 24, 1996. In January 1998, the District's Permit Section produced a computer listing that indicated that the Gonce application was still outstanding indicating fees had not been paid. A field review of the property concluded that the property had already been connected. The fees currently due total $3,248, including penalty and interest. The connection was made in violation of the District Code, Section 5.04.020, Failure to Obtain Permit, and Section 6.12.030 E, Time for Payment and Penalties for Delinquent Payment. Mr. Gonce was notified of the illegal connection by certified letter on February 27, 1998. Mr. Gonce did not respond. Mr. Gonce was eventually contacted by telephone, and he indicated that the was unaware that he had done "anything wrong." He indicated that he would not pay the outstanding charges "until the matter was heard by the Board of Directors." The property is presently for sale. Because of this fact, it is essential that before the property changes ownership future buyers be notified of the District's unpaid fees and proposed action. By filing suit in Small Claims Court, a "Lis Pendens" will concurrently be recorded against the property immediately giving DH INITIATING DEPARTMENT/DIVISION ~ H:\PP\GONCE.WPD DATE April 21, 1998 Page 2 of 2 SUBJECT AUTHORIZE STAFF TO FILE SUIT IN SMALL CLAIMS COURT AGAINST MICHAEL GONCE REGARDING NONPAYMENT OF CONNECTION FEES FOR 55 LONG RIDGE ROAD IN ORINDA, CALIFORNIA notice to all future buyers of the District's pending action (lawsuit). This procedure will ensure that any lien ultimately placed on the property by the District will be collected on the secured tax roll, thereby requiring the County to pay the District the lien amount placed on the tax bill for the subject property, no matter who owns the property at the time the lien is initiated. If the District prevails in the lawsuit (obtains a judgment against Mr. Gonce) prior to the sale of the property, a writ of execution will be served on the escrow company administering the property sale, ordering the escrow company to pay the District's connection fees out of escrow and prior to any payments to Mr. Gonce. If the property is sold before any District action can be finalized and the District is awarded a judgment against Mr. Gonce, the District can then place a lien on other assets owned by Mr. Gonce, if any. However, the District may be precluded from secured lien rights against the subsequent owner. RECOMMENDATION: Authorize staff to file suit in small claims court against Michael Gonce for payment of past due connection fees in the present amount of $3,248. ~ (;entral Contra Costa Sanitary District BOARD OF DIRECTORS illilillllli!lllillliiilllllliiliiiiiiiiilili BOARD MErn~;~ 7, 1998 Page 1 of 1 NO. 13. BUDGET & FINANCE a. DATE TYPE OF ACTION April 29, 1998 APPROVE EQUIPMENT BUDGET SUBJ ECT APPROVE THE 1998-1999 EQUIPMENT BUDGET FOR INCLUSION IN THE 1998-1999 DISTRICT BUDGET SUBMITTED BY Debbie Ratcliff, Controller INITIATING DEPTIDIV Administration/Finance & Accounting ~: The District's 1998-1999 Equipment Budget is submitted for approval. BACKGROUND: The 1998-1999 Equipment Budget was submitted for review at a Board Capital Projects Committee Meeting/Board Workshop on April 9, 1998, and is scheduled for approval by the Board on May 7, 1998. The Board Capital Project Committee recommended that the stationary bicycle request be moved from the Infrastructure section to the Wellness Program section of the budget within the Engineering Department.. Also, the committee recommended that the existing laptop computer be upgraded to function as a backup to the new unit that is being requested through the equipment budget this year. The cost of upgrading the old laptop computer will be charged to the current Operations and Maintenance Budget. The approved 1998-1999 Equipment Budget will be scheduled for adoption with the 1998-1999 Personnel, Operations and Maintenance, Self Insurance Fund, and Capital Improvement Budgets at the first Board Meeting in June. RECOMMENDATION: Approve the 1998-1999 Equipment Budget for inclusion in the 1998-1999 District Budget to be adopted at the first Board Meeting in June. ~ DR PM INITIATING DEPARTMENTIDIVlSION S :\ADMIN\POSP APER\FinEquip. wpd 4/8/98