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HomeMy WebLinkAbout8/7/2003 AGENDA BACKUPCentral Contra Costa Sai..,ary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 7, 2003 No.: 4,a, CONSENT CALENDAR Type of Action: ADOPT A RESOLUTION subject: ADOPT A RESOLUTION DIRECTING THAT THE 2003 -2004 YEARLY INSTALLMENTS OF ASSESSMENTS FOR CONTRACTUAL ASSESSMENT DISTRICTS BE COLLECTED ON THE COUNTY TAX ROLL Submitted By: Initiating DeptJDiv.: Molly Mullin, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: M. 1/ Mullin J. Miyamoto -Mills C. Swa on A. Farre ,Charles W. Batts, General Manager ISSUE: Authorization in the form of a resolution of the Board of Directors is needed to place assessments on the County tax roll. RECOMMENDATION: Adopt a resolution directing that the 2003 -2004 yearly installments of assessments for contractual assessment districts be collected on the County tax roll. FINANCIAL IMPACTS: This action will allow the District to be reimbursed for project costs associated with the completed contractual assessment districts. ALTERNATIVES /CONSIDERATIONS: Not applicable. BACKGROUND: In conjunction with the following contractual assessment districts, the owners of properties forming the contractual assessment districts have agreed to pay for sewer improvements by paying assessments over a ten -year period. The payments are to be collected by placing the assessments on the owner's tax bills. A resolution of the Board is needed to place assessments on the appropriate tax bills. Exhibit A shows each individual participating assessment properties. Named Listing of Assessment Districts Gary Way CAD 97 -1 Muir Lane CAD 99 -2 Leona Court CAD 97 -2 Vine Hill CAD 99 -3 Alhambra Way CAD 98 -1 Laurenita Way CAD 00 -1 Charles Hill CAD 98 -2 Regent Place CAD 00 -2 Haven Lane CAD 98 -3 El Sombro CAD 00 -3 Grothman CAD 98 -4 Corwin CAD 00 -4 Barbee Ln CAD 98 -5 Via Cerrada CAD 00 -6 Forest Ln CAD 99 -1 Entrada Verde CAD 01 -1 U: \Position Papers \Mullin \Resol CAD levy 03- 04.doc 7/31/03 10:15 AM Page 1 of 6 POSITION PAPER Board Meeting Date: August 7, 2003 subject: ADOPT A RESOLUTION DIRECTING THAT THE 2003 -2004 YEARLY INSTALLMENTS OF ASSESSMENTS FOR CONTRACTUAL ASSESSMENT DISTRICTS BE COLLECTED ON THE COUNTY TAX ROLL RECOMMENDED BOARD ACTION: Adopt a resolution directing that the 2003 -2004 yearly installments of assessments for contractual assessment districts be collected on the County tax roll. WPosition Papers \Mullin \Resol CAD levy 03- 04.doc 7/31/03 10:15 AM Page 2 of 6 Gary ASSESSORS PARCEL 1981600024 1981600032 1981600040 1981600057 1981600065 1981600073 1981600107 1981600115 1981600123 1981600131 1981600149 1981600156 Total 12 parcels Leona ASSESSORS PARCEL 2010100119 2010100143 2010100176 2100100184 Total 4 parcels Alhambra ASSESSORS PARCEL 1622020046 1622020053 1622020277 1622300018 1622300026 1622420154 Total 6 parcels Charles Hill ASSESSORS PARCEL 2600400051 2600500025 2600500033 2600710038 2600710046 2600720052 2600720060 Total 7 parcels CCCSD CAD 97 -1* AMOUNT $604.92 $1,491.56 $1,491.56 $1,491.56 $1,491.56 $1,491.56 $1,491.56 $1,491.56 $1,491.56 $1,491.56 $1,491.56 $1,491.56 $17,012.08 CCCSD CAD 97 -2* AMOUNT $1,864.80 $1,864.80 $1,864.80 $1,864.80 $7,459.20 CCCSD CAD 98 -1 AMOUNT $1,134.76 $1,134.76 $937.40 $1,134.76 $1,134.76 $1,134.76 $6,611.20 CCCSD CAD 98 -2* AMOUNT $3,708.34 $3,708.34 $3,708.34 $3,708.34 $3,708.34 $3,708.34 $3,708.34 $25,958.38 EXHIBIT A Haven ASSESSORS PARCEL 1720610037 1720610102 1720610128 1720610136 1720610144 1720610219 1720610300 1720610318 1720610326 1720610342 Total 10 parcels Grotham ASSESSORS PARCEL 1622420105 1622420121 1622420212 1622420238 1622430021 1622420188 Total 6 parcels Barbee Lane ASSESSORS PARCEL 1981200031 1981200049 1981200056 1981200080 1981200098 1981200114 Total 6 parcels Forest Lane ASSESSORS PARCEL 2010820047 2010820062 2010820070 Total 3 parcels CCCSD CAD 98 -3* AMOUNT $930.02 $930.02 $930.02 $930.02 $930.02 $930.02 $930.02 $930.02 $930.02 $930.02 $9,300.20 CCCSD CAD 98 -4* AMOUNT $1,602.22 $1,602.22 $1,493.54 $1,493.54 $1,602.22 $1,493.54 $9,287.28 CCCSD CAD 98 -5* AMOUNT $2,899.48 $2,899.48 $2,899.48 $2,899.48 $2,899.48 $2,899.48 $17,396.88 CCCSD CAD 99 -1 AMOUNT $1,729.30 $1,729.30 $1,729.30 $5,187.90 *AMOUNT EQUALS MAXIMUM ANNUAL ASSESSMENT PRIOR TO ANY PREPAYMENT ARRANGEMENTS WPosition Papers \Mullin \Resol CAD levy 03- 04.doc 7/31/03 10:15 AM Page 3 of 6 Muir Lane ASSESSORS PARCEL 1981600172 1981600180 1981600206 1981600214 1981600222 1981600230 1981600248 1981600255 1981600271 1981600297 1981600305 1981600263 Total 12 parcels Vine Hill ASSESSORS PARCEL 1550600116 1550600124 1620300028 Total 3 parcels Laurenita ASSESSORS PARCEL 1920110135 1920110143 1920120035 1920120043 1920120050 1920120076 1920120084 Total 7 parcels CCCSD CAD 99 -2* AMOUNT $237.28 $1,832.66 $1,832.66 $1,832.66 $1,832.66 $1,832.66 $1,832.66 $1,832.66 $1,832.66 $1,832.66 $1,832.66 $1,832.66 $20,396.54 CCCSD CAD 99 -3* AMOUNT $2,467.64 $2,467.64 $2,467.64 $7,402.92 CCCSD CAD 00 -1 AMOUNT $1,778.26 $1,778.26 $1,778.26 $1,778.26 $1,778.26 $1,778.26 $1,778.26 $12,447.82 EXHIBIT A Regent Place ASSESSORS PARCEL 1980500134 1980500142 1980500159 1980500167 1980500175 1980500183 1980500191 1980500217 1980500225 Total 9 parcels El Sombro ASSESSORS PARCEL 2300500036 2300500044 2300500085 2300500093 2300500119 2300500135 2300600026 2300600034 2306060059 2300600067 2300600083 Total 11 parcels Via Cerrada ASSESSORS PARCEL 1910620077 1910620259 1910620267 Total 3 parcels CCCSD CAD 00 -02* AMOUNT $2,177.48 $2,177.48 $2,177.48 $2,177.48 $2,177.48 $2,177.48 $2,177.48 $2,177.48 $2,177.48 $19,597.32 CCCSD CAD 00 -3* AMOUNT $2,174.88 $2,174.88 $2,174.88 $2,174.88 $2,174.88 $2,174.88 $1,938.48 $1,938.48 $1,938.48 $1,938.48 $1,938.48 $22,741.68 CCCSD CAD 00 -6* AMOUNT $3,103.86 $3,103.86 $3,103.86 $9,311.58 *AMOUNT EQUALS MAXIMUM ANNUAL ASSESSMENT PRIOR TO ANY PREPAYMENT ARRANGEMENTS U: \Position Papers \Mullin \Resol CAD levy 03- 04.doc 7/31/03 10:15 AM Page 4 of 6 EXHIBIT A Corwin CCCSD CAD 00 -04 Entrada Verde CCCSD CAD 01 -1* ASSESSORS PARCEL AMOUNT ASSESSORS PARCEL AMOUNT 1981310020 $1,377.36 1920200365 $1,410.06 1981310038 $1,377.36 1920200357 $1,410.06 1981310053 $1,377.36 1920200332 $1,410.06 1981310061 $1,377.36 1920200324 $1,410.06 1981310079 $1,377.36 1920200290 $1,410.06 1981310087 $1,377.36 1920200456 $1,410.06 1981310103 $1,399.30 1920200415 $1,410.06 1981310111 $1,399.30 1920200225 $1,410.06 1981310129 $1,399.30 1920200399 $1,410.06 1981310178 $1,399.30 1920200191 $714.06 1981310186 $1,399.30 1920200183 $1,410.06 1981310202 $1,399.30 1920200167 $1,410.06 1981310285 $,1377.36 1920200159 $1,410.06 1981310293 $,1377.36 1920200142 $1,410.06 1981310301 $,1377.36 1920200134 $1,410.06 1981400041 $1,399.30 ----------------------- 1981400052 $1,399.30 Total 15 parcels $20,454.90 1981400060 $1,377.36 1981400086 $1,377.36 1981400094 $1,377.36 1981400102 $1,377.36 1981400110 $1,377.36 1981400128 $1,377.36 1981400136 $1,377.36 1981400151 $1,377.36 1981400177 $1,377.36 1981400185 $1,377.36 1981400193 $1,377.36 1981400201 $1,377.36 1981400219 $1,377.36 Total 30 parcels ----------------- - - - - -- $41,496.32 PARCEL COUNT 144 TOTAL AMOUNT $252,062.20 WPosition Papers \Mullin \Resol CAD levy 03- 04.doc 7/31/03 10:15 AM Page 5 of 6 RESOLUTION NO. A RESOLUTION DIRECTING THAT THE 2003 -2004 ASSESSMENTS FOR CONTRACTUAL ASSESSMENT DISTRICTS BE COLLECTED ON THE COUNTY TAX ROLL WHEREAS, the Board of Directors of the Central Contra Costa Sanitary District ( CCCSD) has previously taken action to establish final assessments for Contractual Assessment Districts Nos. 97 -1, 97 -2, 98 -1, 98 -2, 98 -3, 98 -4, 98 -5. 99 -1, 99 -2, 99 -3, 00 -1, 00 -2, 00 -3, 00 -4, 00 -6 and 01 -1; and WHEREAS, CCCSD has given proper notice to the affected owners of the final assessments; and WHEREAS, the affected owners have elected to pay the assessments in annual installments of principal and interest over a period of ten years; and WHEREAS, the CCCSD Code provides that the District may elect to collect current charges on the tax rolls as provided by Section 5470 and following of the California Health and Safety Code; and WHEREAS, it is considered economical and efficient to collect the assessments for the 2003 -2004 fiscal year on the County tax roll; NOW, therefore, be it resolved by the Board of Directors of the CCCSD that the 2003 -2004 Assessments for Contractual Assessment Districts No. 97 -1, 97 -2, 98 -1, 98- 2, 98 -3, 98 -4, 98 -5, 99 -1, 99 -2, 99 -3, 00 -1, 00 -2, 00 -3, 00 -4, 00 -6 and 01 -1 as listed in Exhibit A, attached hereto and by this reference made a part hereof, are to be collected on the Contra Costa County Tax Roll. Passed and adopted this 7th day of August, 2003 by the CCCSD Board of Directors by the following vote: AYES: NOES: ABSENT: President of the Board of Directors Central Contra Costa Sanitary District COUNTERSIGNED: County of Contra Costa, State of California Secretary of the Central Contra Costa Sanitary District, County of Contra Costa State of California Approved as to Form: Kenton L. Alm District Counsel WPosition Papers\Mullin \Resol CAD levy 03- 04.doc 7/31/03 10:15 AM Page 6 of 6 Central Contra Costa S. Jtary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 7, 2003 No.: 4.b. CONSENT CALENDAR Type of Action: INFORMATIONAL Subject: ADVISE THE BOARD OF THE CLOSEOUT OF THE TREATMENT PLANT PIPING RENOVATION AND REPLACEMENT PROJECT (DP 7183) Submitted By: Initiating Dept /Div.: Craig Mizutani, Associate Engineer Operations / Plant Operations Division REVIEWED 4ND RECOMMENDED FOR BOARD ACTION: n f 44 J. KeIVy J h4ale S alts, General Manager ISSUE: All work has been completed on the Treatment Plant Piping Renovation and Replacement Project (DP 7183), and this project can now be closed out. RECOMMENDATION: Close out the project. FINANCIAL IMPACTS: This closeout will result in approximately $273,000 being returned to the Treatment Plant Program. ALTERNATIVES /CONSIDERATIONS: Not applicable. BACKGROUND: The project was completed in three phases. Phase A replaced leaking aeration air piping located in the three mixed - liquor channels at the treatment plant. A construction contract was awarded to Pacific Mechanical Corporation on August 17, 2000. All contract work was completed on April 13, 2001. This phase of the project was accepted by the Board on May 10, 2001. Phase B installed new piping on various systems throughout the wastewater treatment plant. The project work included replacing the leaking plant service air piping from the compressors to the air dryers in the Pump and Blower Building; replacing four leaking, 24 -inch, return - activated sludge pump suction headers; replacing the recycled water flow meter, which was not accurate at low flows during the winter months; replacing the sharp bends and insulating and heating the primary scum piping to correct the frequent plugging problems; replacing leaking grit piping from the grit pumps to the grit cyclone separators; replacing the spray piping and spray nozzles in the mixed - liquor channel between the north clarifiers and the mixed - liquor channel at the north end of the aeration and nitrification (A &N) tanks with an improved foam control design; and installing new spray piping and spray nozzles at the north end of the A &N tanks to better control excessive foaming problems. A construction contract was awarded to Kaweah Construction Company on January 11, 2001. All contract work was completed S:\ Correspondence \POSPAPR\2003 \DP7183 doseout.DOC Page 1 of 3 POSITION PAPER Board Meeting Date: August 7, 2003 Subject: ADVISE THE BOARD OF THE CLOSEOUT OF THE TREATMENT PLANT PIPING RENOVATION AND REPLACEMENT PROJECT (DP 7183) on March 15, 2002. This phase of the project was accepted by the Board on March 21, 2002. The Phase C portion of the project upgraded the rotary wash piping at the Filter Plant and the wash -down piping at the drain -back channel. The rotary wash piping had failed in numerous locations and was difficult to maintain. The drain -back channel was originally installed without a means of cleaning. The wash down of the drain -back channel was accomplished with above - ground hoses that were difficult to maneuver and had degraded in the sunlight. The new wash -down piping will facilitate the wash -down process, thereby reducing odors and minimizing maintenance time. A construction contract for this work was awarded to Kaweah Construction Company on January 10, 2002. All contract work was completed on May 6, 2002. This phase of the project was accepted by the Board on May 23, 2002. The total authorized budget for all phases of the project was $2,754,000. The total project cost was $2,481,000, which is approximately 10 percent less than the budgeted amount. The project closeout will result in $273,000 being returned to the Treatment Plant Program. RECOMMENDED BOARD ACTION: This item is presented to the Board of Directors for information. No action is necessary. S:\ Correspondence \POSPAPR\2003 \DP7183 closeout.DOC Page 2 of 3 Treatment Plant Piping Renovation and Replacement Project District Project No. 7183 ATTACHMENT 1 ACTIVITY COST Total Budget $2,754,000 Construction Contracts $1,477,818 Change Orders $232,096 Total Change Orders Percent of Construction 16% Total Construction Amount $1,709,914 Engineering, Design, Construction Management (CM), Administration $501,190 Engineering, Design, CM, Administration — Percent of Construction 29% Miscellaneous Materials and Equipment $269,896 Miscellaneous Materials and Equipment — Percent of Construction 16% TOTAL PROJECT EXPENDITURES $2,481,000 TOTAL RETURN TO TREATMENT PLANT PROGRAM $273,000 S:\ Correspondence \POSPAPR\2003 \7183CIose Out Attach 1.doc Page 3 of 3 Central Contra Costa Sani. _.ry District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 7, 2003 No.: 4.c. CONSENT CALENDAR Type of Action: APPROVE PROGRAM CONTINUANCE subject: APPROVE CONTINUANCE OF EMPLOYEE COMPUTER HARDWARE PURCHASE ASSISTANCE PROGRAM Submitted By: Initiating Dept. /Div.: Mark Greenawalt, MIS Administrator Administrative /MIS REVIEWED AND RECOMMENDED FOR BOARD ACTION: M. Greenawalt D. Rat . NQi graves harles Batts, General anager ISSUE: The MIS Administrator is recommending continuance of the District's Employee Computer Hardware Purchase Assistance Program. RECOMMENDATION: Approve the continuance of the Employee Computer Hardware Purchase Assistance Program effective August 7, 2003. FINANCIAL IMPACTS: None ALTERNATIVES /CONSIDERATIONS: The Employee Computer Hardware Purchase Assistance Program could be eliminated, however, this is not recommended by staff. BACKGROUND: The District's Employee Computer Hardware Purchase Assistance Program was initially approved by the Board effective July 1, 1995, with a condition for Board review every two years. Both the employees and the District benefit from this program. On the one hand, the program provides employees with a low cost resource to purchase a home computer. On the other hand, it benefits the District by providing an opportunity for employees to enhance their computer skills. The utilization of computers continues to increase at the District and there are now few staff positions that do not use a computer in some facet of their job; i.e., Maintenance, Operations, Human Resources, Graphics, Accounting and Sewer Service work. Employee's computer skills dramatically increase by working on their home computer, a benefit of the program gained at no cost to the District. Many District employees have taken advantage of this program. The revolving loan fund of $70,000 currently has $12,493 in outstanding loans with a $57,507 balance available for new loans as of June 30, 2003. In the past two years, 29 loans have been extended for a total dollar amount of $49,733. The program will continue to operate from the same approved funds and will retain the same basic structure. S:\ ADMIN\ POSPAPER\ ComputerProgramPurchaseProgram .doc Page 1 of 2 POSITION PAPER Board Meeting Date: August 7, 2003 subject: APPROVE CONTINUANCE OF EMPLOYEE COMPUTER HARDWARE PURCHASE ASSISTANCE PROGRAM Program Overview The District will charge participants at the LAIF interest rate, and will get the same rate of return as it would if the loan fund were invested rather than extended to employees. ► The program will continue to be administered by the Accounting Office. ► The minimum loan amount is $600. ► Only one loan can be outstanding at a time per employee for a maximum of $2,000 over the program's two year term. ► Purchased computers must be compatible with current District standards, and will require the review of the MIS Administrator. ► Peripherals purchased with computers are covered by this program (i.e.: printers, disk drives, palm pilots). As computer systems continue to change in this fast paced industry, employees will want to take advantage of newer technology. Continuing the District's Employee Computer Hardware Purchase Assistance Program would allow employees to take advantage of new technology. It will also allow employees who desire to improve their computer skills and have not taken advantage of this program to do so. Staff recommends that this program be continued and will report to the Board every two years via Position Paper on the Consent Calendar. RECOMMENDED BOARD ACTION: Approve the continuance of the Employee Computer Hardware Purchase Assistance Program effective August 7, 2003. S:\ ADMIN\ POSPAPER\ ComputerProgramPurchaseProgram .doc Page 2 of 2 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 7, 2003 No.: 4.d. CONSENT CALENDAR Type of Action: APPROVE MERIT INCREASE Subject. APPROVE REGISTRATION DIFFERENTIAL SALARY MERIT INCREASE FOR ENGINEERING ASSISTANT III PAUL SEITZ Submitted By: Initiating Dept /Div.: Jarred Miyamoto - Mills, Engineering /Environmental Services Principal Engineer REVIEWED AND RECOMMENDED FOR BOARD ACTIO hV *4- apr- 4eneral � / n J. Miyamoto -Mills C. son A. Farrell /rless WW M ISSUE: A registration differential salary merit increase requires the approval of the Board of Directors. RECOMMENDATION: Approve a one -step salary merit increase effective June 27, 2003, for Engineering Assistant III Paul Seitz. FINANCIAL IMPACTS: One -step salary merit increase (approximately $300 /month). ALTERNATIVES /CONSIDERATIONS: None BACKGROUND: Paul Seitz is an Engineering Assistant III in the Environmental Services Division's Plan Review Work Group. This classification does not require registration as a Professional Engineer. The memorandum of Understanding (MOU) between the District and the Employee's Association (Local No. 1) provides for a salary merit increase for employees who achieve registration or license as Professional Engineer, Land Surveyor, or Certified Public Accountant while employed by the District in a position not requiring such registration or license. Paul Seitz has provided evidence that he has passed all required examinations and is now licensed as a Professional Engineer in California (see Attachment 1). Paul has consistently demonstrated the professional judgment and skill expected of a Professional Engineer in his design review and inspection assignments. RECOMMENDED BOARD ACTION: Approve a one -step salary merit increase effective June 27, 2003, for Engineering Assistant III Paul Seitz, as the registration differential provided for in the MOU with the Employee's Association. U: \Position Papers\ Miyamoto - Mills \SeitzPEDDiffRequest.doc 7/31/03 9:56 AM Page 1 of 2 STATE OF CALIFORNIA-STATE AND CONSUMER SERVO —S AGENCY GRAY DAVIS, Govemor BOARD FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS 2535 Capital Oaks Drive, Suite 300, Sacramento, CA 95833 -2944 Mailing Address: P.O. Box 349002, Sacramento, CA 95834 -9002 oepmvnenror Corxfxrier Affairs (916) 263 -2222 Calnet: 8-435 -2222 Fax: (916) 263 -2246 or (916) 263 -2221 Board Internet Address: http: / /www.dca.ca.gov /pels 06/27/2003 PAUL A. SEITZ 410 SAN DIEGO PL SAN RAMON, CA 94583 CONGRATULATIONS! ID: 31180 Branch: Civil We are pleased to inform you that you have successfully passed the recent Professional Engineer examination. This letter will serve as temporary evidence that you now hold a valid license as a Professional Engineer. A formal certificate, which will include your license number, will be prepared and mailed to you within four to six weeks. Please refer to the California Code of Regulations (Board Rules) for Professional Engineers and Land Surveyors (Title 16, Division 5, Sections 400 - 474.5) for information on the following subjects that are your responsibility. These Rules can be found on our website at www.dca.ca.gov /pels /laws.htm Rule 407 - Fees Rule 411 - Seal and Signature Rule 412 - Address Change Rule 415 - Practice within Area of Competence Of particular importance is that all licenses are subject to renewal, and payment of a renewal fee is required. A renewal notice will be mailed to you several weeks before the expiration date of your Professional Engineer license. If you do not receive a renewal notice, you are still responsible for renewing your license. If you wish to order a seal or stamp, you may purchase one from any stationary store or rubber stamp company. Please note that some Engineers are required to seal, stamp and sign any plans, specifications, or reports prepared by them, or under their direction. Board Rule 411 provides specific criteria on seals. Notices and newsletters from the Board Office cannot reach you unless we have your current mailing address. Board Rule 412 requires you to advise us in writing of any address changes within 30 days after the effective date of the address change. EXAMINATION AND LICENSING STAFF Page 2 of 2 Central Contra Costa San. _,pry District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 7, 2003 No.: 4.e. CONSENT CALENDAR Type of Action: AUTHORIZE PUBLIC NOTICE subject: AUTHORIZE A PUBLIC NOTICE TO INDICATE AVAILABILITY OF DOCUMENTATION IN SUPPORT OF THE DISTRICT'S APPROPRIATIONS LIMIT Submitted By: Initiating Dept /Div.: Debbie Ratcliff, Controller Administrative /Finance & Accounting REVIEWS AND RECOMMENDED FOR BOARD ACTION: D. Rat ,EFMptiaves axles W/13atts , General Manager ISSUE: The Central Contra Costa Sanitary District is required to establish its appropriations limit in accordance with Article XIII B of the California Constitution. RECOMMENDATION: Authorize a public notice advertising that documentation used in the determination of the appropriations limit shall be available fifteen days prior to the Board Meeting to be held on September 4, 2003, at which the appropriations limit for the Sewer Construction Fund for the fiscal year of 2003 -2004 will be established. FINANCIAL IMPACTS: None ALTERNATIVES /CONSIDERATIONS: The appropriations limit could be calculated using the California per capita personal income percentage change of 2.31 as opposed to the local assessment roll due to local non - residential construction of 7.3 percent. BACKGROUND: Proposition 4 was approved on November 6, 1979, and was incorporated in the California Constitution as Article XIII B. As amended, Article XIII B imposes a limit on the rate of growth in governmental spending. It limits appropriations of state and local governments to the appropriations of the 1978 -1979 base year adjusted in each subsequent year for changes in the California per capita personal income from the preceding year or the percentage change in the local assessment roll from the preceding year due to the addition of local nonresidential new construction. Article XIII B requires government agencies to establish their appropriations limit by resolution each year at a regularly scheduled meeting. Notice to the public of availability of documentation in support of the appropriations limit must be given fifteen days prior to adoption. The appropriations limit is open to challenge within 45 days of the effective date of the resolution. S:\ADMIN\POSPAPER\Prop4.pp7-03.doc Page 1 of 2 POSITION PAPER Board Meeting Date: August 7, 2003 subject. AUTHORIZE A PUBLIC NOTICE TO INDICATE AVAILABILITY OF DOCUMENTATION IN SUPPORT OF THE DISTRICT'S APPROPRIATIONS LIMIT Methodology: The appropriations limit is increased annually by a factor comprised of the change in population combined with either the change in California per capita personal income or the change in the local assessment roll due to local nonresidential construction. The Board is to select between the per capita personal income or the change in the local assessment roll due to local nonresidential construction by a recorded vote. The change in the local assessment roll for the 2003 -2004 fiscal year has been reported by the County Assessor to be 7.3 percent. The California per capita personal income percentage change is 2.31. The change in the local assessment roll is being used in the calculation of the 2003 -2004 appropriations limit. Last fiscal year's appropriations limit was calculated to be $51,432,838. The appropriations limit for 2003 -2004 is calculated to be $55,976,615. This limit is set on the District's proceeds of taxes and interest earned on those proceeds. RECOMMENDED BOARD ACTION: Authorize a public notice advertising that documentation used in the determination of the appropriations limit shall be available fifteen days prior to the Board Meeting to be held on September 4, 2003, at which the appropriations limit for the Sewer Construction Fund (tax revenue plus interest) for the fiscal year of 2003 -2004 will be established. S:\ ADMIN \POSPAPER \Prop4.pp7- 03.doc Page 2 Of 2 Central Contra Costa ..anitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 7, 2003 No.: 5.a. HEARINGS Type of Action: CONDUCT A PUBLIC HEARING; ADOPT ORDINANCE subject: CONDUCT A PUBLIC HEARING TO RECEIVE COMMENTS ON AN ORDINANCE TO AMEND DISTRICT CODE SECTION 6.12.090 "SCHEDULE OF CAPACITY FEES, RATES AND CHARGES "; ADOPT THE ORDINANCE Submitted By: Jarred Miyamoto -Mills Initiating Dept./Div.: Engineering/ Principal Engineer Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: VI/ n LJ ` "ICY J. Miyamoto -Mills c. S on A. Farrell K. Alm l / harles W alts, ; General Manager ISSUE: The District Code requires that a public hearing be held prior to the Board of Director's adoption of an ordinance to amend District Code Section 6.12.090 Schedule of Capacity Fees, Rates and Charges ". RECOMMENDATION: Conduct a public hearing to receive comments regarding a proposed ordinance to amend District Code Section 6.12.090 "Schedule of Capacity Fees, Rates and Charges ". Adopt the proposed ordinance (see Attachment 1). FINANCIAL IMPACTS: Staff estimates that the recommended fees would generate about $1,000,000 per year in additional Capacity Fee revenue, the equivalent of about $6.50 on the Sewer Service Charge. BACKGROUND: In September 1998, the state enacted SB1760 that requires sewer connection fees to be based on one of two methods: 1) a buy -in to existing assets, or 2) the cost of future facilities expansion. This bill was enthusiastically endorsed and supported by home builder's associations statewide. The last review of the District's Capacity Fees was completed in 2001. At that time, the method for determination of the fee was changed to a "buy -in -to -all assets" approach. This was done to provide a rational, practical, equitable and defensible method to calculate the financial burden of new connections. The buy -in -to -all- assets approach is preferred primarily due to the "facilities- mature" status of the District. In this context, facilities- mature means that the value of existing assets (nearly $1.1 billion) is many times the value of future facilities expansion needed to accommodate future customers. Stated differently, most of the facilities needed to serve new customers have already been built and paid for. U: \Position Papers\ Miyamoto - Mills \6.12PublicHearing PP. doc 7/31/03 10:53 AM Page 1 of 14 POSITION PAPER Board Meeting Date: August 7, 2003 subject. CONDUCT A PUBLIC HEARING TO RECEIVE COMMENTS ON AN ORDINANCE TO AMEND DISTRICT CODE SECTION 6.12.090 "SCHEDULE OF CAPACITY FEES, RATES AND CHARGES "; ADOPT THE ORDINANCE As a consequence, most of the work envisioned in the District's Capital Improvement Plan is for renovation, replacement or upgrading of facilities to meet the needs of current customers. Charging a Capacity Fee based on a buy- in- to -all- assets at the point of connection equalizes the unit investment of each customer as they move from being a "future" to being a "current" customer. One key component of the buy -in -to -all- assets Capacity Fee approach is estimating appropriate life cycle for each type of facility. Staff investigated the duration of time that various District facilities are likely to remain in service, and concluded that the life cycles originally estimated for some facilities' components do not reflect their actual useful lives.. Concrete tanks and foundations at the treatment plant and pumping stations, and the major interceptor sewers are expected to continue in use for the foreseeable future, perhaps perpetually. The life cycles for these facilities assumed for the existing fee calculation are 75 -100 years. While it would be inappropriate to assume that any facility lasts forever, using a 150 -200 year life cycle to characterize these long -life assets is recommended. In addition, durable equipment and furniture will likely be maintained in service for about thirty years rather than the twenty years in the current life cycle estimate. The life cycles recommended for each facility category is presented in Attachment 2. To achieve these longer life cycles, a portion of the District's "Repairs and Maintenance" budget is routinely invested in renovation and preservation of equipment and structures. Including this portion of Repairs and Maintenance which is about $40 per Residential Unit Equivalent in facility valuation is also recommended. The proposed Capacity Fees for the 2003 -2004 fiscal year resulting from the recommended revised assumptions are as follows: Fee Category Current (2001) Proposed % change Gravity Zone Fee Pumping Zone Fee $3,360 per RUE $4,070 per RUE $3,983 per RUE 17.4% $4,971 per RUE 21.2% U: \Position Pape rs\ Miyamoto - Mills \6.12PublicHearing PP. doc 7/31/03 10:53 AM Page 2 of 14 POSITION PAPER Board Meeting Date: August 7, 2003 subject. CONDUCT A PUBLIC HEARING TO RECEIVE COMMENTS ON AN ORDINANCE TO AMEND DISTRICT CODE SECTION 6.12.090 "SCHEDULE OF CAPACITY FEES, RATES AND CHARGES "; ADOPT THE ORDINANCE RECOMMENDATION: Conduct a public hearing to receive comments regarding a proposed ordinance to amend District Code Section 6.12.090 "Schedule of Capacity Fees, Rates and Charges ". Adopt the proposed ordinance (see Attachment 1). WPosition Papers\ Miyamoto - Mills \6.12PublicHea ring PP.doc 7/31/03 10:53 AM Page 3 of 14 Attachment 1 ORDINANCE NO. AN ORDINANCE OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT TO AMEND DISTRICT CODE SECTION 6.12.090 "SCHEDULE OF CAPACITY FEES, RATES AND CHARGES" WHEREAS, substantial study has been conducted regarding the impacts of planned future development within the District's service area on existing District services and facilities, along with an analysis of new, improved, or expanded District facilities and services required or appropriate to serve new users and current users who change the use of their connected buildings and facilities, and said studies have set forth the relationship between the added burden imposed by such new users and current users who change the use of their connected buildings or facilities, and the need for and estimated cost of District services and facilities occasioned by this added burden; and WHEREAS, these studies were undertaken by District staff and culminated in documents that are part of the public record, to wit: the "Fiscal Years 2003 -04 Capital Improvement Budget and 2003 Capital Improvement Plan ", and the "Capacity Fee Proposal" dated June 2003; and WHEREAS, it is reasonable and necessary that all users of the District's wastewater and household hazardous waste collection, treatment, recycling, reuse and disposal services and facilities, including those temporary users served under Special Discharge Permits, contribute their appropriate portion of the funding for such District services and facilities; and WHEREAS, public meetings for District staff to informally discuss the proposed Capacity Fee Program with interested customers were held on July 15 and July 22, 2003, in the District Board of Directors Meeting Room; and Page 4 of 14 Ordinance No. An Ordinance of the Central Contra Costa Sanitary District to Amend District Code Section 6.12.090 "Schedule of Capacity Fees, Rates and Charges Page 2 of 3 WHEREAS, a properly noticed public hearing regarding the proposed Capacity Fee Program revisions was held on August 7, 2003, and proper notice was also given of the availability of the documents noted above for public inspection and review prior to said public hearing; and WHEREAS, amendment of Chapter 6.12 of the District Code is required to provide the enabling authority for the District to implement the proposed Capacity Fee Program; NOW, THEREFORE, the Board of Directors of the Central Contra Costa Sanitary District does ordain as follows: Section 1. Section 6.12.090 Schedule of Capacity Fees, Rates and Charges of the District Code is hereby amended as set forth in full in Exhibit "A" to this Ordinance, which exhibit is hereby incorporated in full herein by this reference. As of the effective date of this Ordinance, Capacity Fees shall be charged at such rates and for such categories of users as set forth in said amended Section 6.12.090. Section 2. This Ordinance shall be a general regulation of the District and shall be published once in the Contra Costa Times, a newspaper of general circulation within the District, and shall be effective on October 6, 2003. Page 5 of 14 Ordinance No. An Ordinance of the Central Contra Costa Sanitary District to Amend District Code Section 6.12.090 "Schedule of Capacity Fees, Rates and Charges Page 3 of 3 PASSED AND ADOPTED by the Board of Directors of the Central Contra Costa Sanitary District on the 7t" day of August 2003, by the following vote: AYES: Members: NOES: Members: ABSTAIN: Members: ABSENT: Members: Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California APPROVED as to form: Counsel for the District President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California Page 6 of 14 EXHIBIT A 6_.12.090 Schedule of Capacity Fees, rates and charges. The Board of Directors have set the Capacity Fees, rates and charges as set forth below pursuant to the provisions of this chapter to ensure adequate funding of all needed upgrades, replacements, renovations and improvements of existing District wastewater and household hazardous waste collection, treatment, recycling, reuse and disposal facilities to maintain their capacity, additions to and expansions of the capacity of these facilities in the future when needed or as required to meet legal and regulatory requirements (all of which services and facilities will ultimately be shared by current and future users), for equitable adjustment of capital contributions as between new, current and contractual users, and prudent reserves requirements of the Running Expense Fund, the Self Insurance Fund and the Sewer Construction Fund occasioned by the added burden on District services and facilities attributable to new users and current users who change the use of their connected buildings or facilities; and to provide that each new user and each current user who changes the use of his /her connected buildings or facilities pays his /her fair share of the cost of District services and facilities. Page 7 of 14 SCHEDULE OF CAPACITY FEES, RATES AND CHARGES Capacity Fees and charges computed in accordance with this chapter shall be applied to all new connections or added burdens for which fees become due and payable on or after July 9, 2001. Gravity Capacity Fee: Pumping Capacity Fee: $3,983/RUE" $ 988 /RUE A Residential Unit Equivalent (RUE) is a measure of sewage volume and strength equivalent to a typical residential household. Gravity Zone Fee (Zone 1) = Gravity Capacity Fee Pumped Zone Fee (Zone 2) = Gravity Capacity Fee + Pumping Capacity Fee Residential Unit Equivalence (RUE) Factors(' Number of RUE = Unit of Measure Count Multiplied by the RUE factor Use Code User Group* Unit of Measure(' 2) Gravity Capacity Fee RUE Factor Pumping Capacity Fee RUE Factor Eligible for Capacity Use Charge Program =Yes LU Single-Family Residences Dwellin-q Unit 1.000 1.000 LA Multiple Family Residences, A artments Dwelling Unit 1.000 1.000 LM Mobile Homes Dwelling Unit 1.000 1.000 LC Common Areas 1,000 s . ft. 0.200 0.200 AB Auto Body/Painting Body/Painting 1,000 s . ft. 0.432 0.467 AD Auto Dealerships 1,000 s . ft. 0.432 0.467 AL Aircraft Services 1,000 s . ft. 0.432 0.467 AR Auto Repair/Maintenance 1,000 s . ft. 0.432 0.467 AS Service Stations —IDMAQ—ft. Q-432 7 (1)Fees for multi -use buildings shall be determined by considering each use separately. (2) "Unit -of- measure" shall mean the basic unit which quantifies the degree of use of a particular parcel (e.g., dwelling unit, square footage). Square footage of an improvement shall be based upon the gross exterior dimensions of the structure. Page 8 of 14 SCHEDULE OF CAPACITY FEES, RATES AND CHARGES Residential Unit Equivalence (RUE) Factors(') Number of RUE = Unit of Measure Count Multiplied by the RUE factor Use Code User Group Unit of Measure(2) Gravity Capacity Fee RUE Factor Pumping Capacity Fee RUE Factor Eligible for Capacity Use Charge Program (* =Yes) BT Transportation Services 1,000 sq. ft. 0.432 0.467 AC Car Washes 1,000 sq. ft. 21.127 22.829 AW Car Washes, w /recycling 1,000 sq. ft. 3.522 3.805 BB Barbers /Beauty Salons/ Pet Grooming 1,000 sq. ft. 0.725 0.783 BC Dry Cleaners, no laundry 1,000 sq. ft. 0.259 0.279 BR Retail Sales 1,000 sq. ft. 0.259 0.279 BE Equipment Repair /Repair Services 1,000 sq. ft. 0.228 0.247 BK Contractors /Business Services 1,000 sq. ft. 0.228 0.247 BN Nurseries /Lumberyards 1,000 sq. ft. 0.228 0.247 IL Light Industrial 1,000 sq. ft. 0.228 0.247 BH Meeting Halls 1,000 sq. ft. 0.290 0.313 EA Auditoriums/Theaters 1,000 sq. ft. 0.290 0.313 EC Cinemas 1,000 sq. ft. 0.290 0.313 EM Entertainment 1,000 sq. ft. 0.290 0.313 EB I Bowling Alleys 1,000 sq. ft. 0.311 0.336 BZ Miscellaneous Commercial 1,000 sq. ft. 0.510 0.551 EF Large Fitness /Athletic Clubs 1,000 sq. ft. 1.018 0.942 EG Golf Courses /Country Clubs 1,000 sq. ft. 1.166 1.391 EH Health Clubs /Spas 1,000 sq. ft. 1.166 1.391 ET Tennis Clubs 1,000 sq. ft. 1.166 1.391 IW Warehouses 1,000 sq. ft. 0.136 0.147 BM Markets 1,000 sq. ft. 0.556 0.601 BS Supermarkets 1,000 sq. ft. 0.556 0.601 �2(1)Fees for multi -use buildings shall be determined by considering each use separately. Unit -of- measure shall mean the basic unit which quantifies the degree of use of a particular parcel e.g., dwelling unit, square footage). Square footage of an improvement shall be based upon the gross exterior dimensions of the structure. Page 9 of 14 SCHEDULE OF CAPACITY RATES, FEES AND CHARGES Residential Unit Equivalence (RUE) Factors') Number of RUE = Unit of Measure Count Multiplied by the RUE factor Use Code User Group Unit of Measure (2) Gravity Capacity Fee RUE Factor Pumping Capacity Fee RUE Factor Eligible for Capacity Use Charge Program (* =Yes) BX Shopping Centers 1,000 sq. ft. 1.057 1.142 OB Business Offices 1,000 sq. ft. 0.295 0.319 OF Financial Institutions/ Banks 1,000 sq. ft. 0.295 0.319 OG Government Offices 1,000 sq. ft. 0.295 0.319 OS Fraternal /Service Offices 1,000 sq. ft. 0.295 0.319 OM Medical Offices 1,000 sq. ft. 0.637 0.688 OV Veterinary Clinics 1,000 sq. ft. 0.637 0.688 RB Bakeries (Retail) 1,000 sq. ft. 4.061 2.178 `* RD Delicatessens 1,000 sq. ft. 1.166 1.294 RN Bars 1,000 sq. ft. 1.166 1.294 RI Ice Cream Parlors 1,000 sq. ft. 1.166 1.294 RY Yogurt Shops 1,000 sq. ft. 1.166 1.294 RS Restaurants (dine -in) 1,000 sq. ft. 4.010 2.738 RT Restaurants (take -out) 1,000 sq. ft. 4.010 2.738 RC Banquet Facilities /Patio Seating 1,000 sq. ft. 1.166 0.825 BL Laundromats 1,000 sq. ft. 13.506 14.594 SF Skilled Nursing Facilities 1,000 sq. ft. 2.216 2.347 FE Residential Care Facilities for the Elderly 1,000 sq. ft. 0.932 0.987 HP Hospitals 1,000 sq. ft. 2.891 3.124 LR Residence Hotels Room 0.580 0.536 LH Hotels /Motels 1,000 sq. ft. 1.166 1.272 CH Churches 1,000 sq. ft. 0.242 0.261 (1)Fees for multi -use buildings shall be determined by considering each use separately. (2) "Unit -of- measure" shall mean the basic unit which quantifies the degree of use of a particular parcel e.g., dwelling unit, square footage). Square footage of an improvement shall be based upon the gross exterior dimensions of the structure. Page 10 of 14 SCHEDULE OF CAPACITY FEES, RATES AND CHARGES Residential Unit Eouivalence (RUE) Factors') Number of RUE = Unit of Measure Count Multiplied by the RUE factor Eligible for Gravity Pumping Capacity Capacity Capacity Use Unit of Fee RUE Fee RUE Charge Use Measure (2) Factor Factor Program Code I User Group (' =Yes) Private Schools (SD, SE, SH, SI, SU) Schools w /cafeteria and Classroom 0.860 1.000 gym/showers Schools w /gym /showers Classroom 0.774 0.900 and no cafeteria Schools w /cafeteria and no Classroom 0.516 0.600 gym /showers Schools w/o cafeteria or Classroom 0.430 0.500 gym/showers (1) Fees for multi -use buildings shall be determined by considering each use separately. 2 "Unit -of- measure" shall mean the basic unit which uantifies the degree of use of a particular parcel (e.g., dwelling unit, square footage. Square footage of an Improvement shall be based upon the gross exterior dimensions of the structure. Page 11 of 14 SCHEDULE OF CAPACITY FEES, RATES AND CHARGES Special Studies Type Fee Required by District (3) $0 Initiated by User $250 Minimum (3)The following User Groups require a special study to determine the Capital Improvement Fee Use Code User Group Use Code User Group Use Code User Group BP Parking Lots IE Electronic Industries - Improvements w /Garbage Disposals CM Cemeteries / Mortuaries IH Heavy Industries - Public Facilities EP Parks / Playgrounds IP Permitted Industries - Special Billings ES Swimming Pools IR Laboratories / Research Facilities - Utilities Values for use in the RUE formula in Section 6.12.050.D.2 shall be: FLORU = 200 gpd BODRU = 200 mg /I TSSRU = 215 mg /I A = 0.69 B = 0.14 C = 0.17 Page 12 of 14 SCHEDULE OF CAPACITY FEES, RATES AND CHARGES Capacity Use Charge Program The minimum 'Initial Payment' threshold Gravity Capacity Fee RUE Factor Shall Be 1.166 RUE /Per 1,000 Sq. Ft. Capacity Charge Capacity Use Charge Initial Payment" Rates Gravity Use User Group Capacity Fee Pumping Annual Code RUE Factor Capacity Fee RUE Factor Current Year ($ /Month ($ /HCF) (RUE /1,000 Sq. Ft.) (RUE /1,000 Sq. Ft.) 1,000 sq. ft.) AC Car washes 1.166 22.829 682.17 3.67 AW Car washes, with 1.166 3.805 80.52 2.60 recycling BL Laundromats 1.166 14.594 421.72 3.55 HP I Hospitals 1.166 3.124 58.95 2.32 RB Bakeries 1.166 2.178 98.94 5.59 (retail) RS Restaurants 1.166 2.738 97.19 4.37 (dine -in) RS Restaurants 1.166 2.738 97.19 4.37 (paper service/ no dishwashers SF Skilled Nursing 1.166 2.347 35.88 1.84 Facilities The annual interest rate for calculation of Capacity Use Charges shall be six percent (6 %). Page 13 of 14 Attachment 2 Recommended Life - Cycles Lives & Component Proportions Page 14 of 14 Life Proportion Cycle of Facilities (Years) (%) Treatment Plant & Pumping Stations Tanks & Foundations 150 45% Buildings 75 20% Equipment 30 35% Sewers Interceptors 200 30% Trunks 100 70% Mains 75 NA Recycled Water Facilities Pipelines 75 67% Equipment 25 33% Other Facilities Buildings 75 50% Equipment & Furniture 30 35% Vehicles 10 15% Page 14 of 14 D = c� cr �- N C:) (4 (Q 0 CD C 0) CD CD O cn -a go 3 CD n CD cn e-t A C� �G CD cn Y� -'i Cf) r--f n. e--I- 1 0 • • X X 3 C O v ✓rim O cn cn CD _. 0 0 CD CD. . X X 44h C O v rn� V O `O X X C C m m w CD /-q` n 0) 0 m CD CD cn G) 3 CL Cn O c O . n cn (n CD CL .. 0 V V 0 00 FT CD CD U) m m • I I N O G) O � 3 � < W CD O QL N O 4�6 N O C CD cn cn c 3 C� v C3't N O O cn o ° ° � o o CD O O CD CD (D m O r-4- CD • �D ic �- _. CD 0- CD rot, . 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CL -1 ' CD Q 1 J �r K 0 n 0 O QL CD D CD • n Z CL m 3 m CD r n �cr F) W mn CD C) • • m m O CD O O W cr ♦CD V/ � a CD ^ h 7r \V CD 0 w CD C cn O > n 0 r.+. 0 CD c CL CD Cl) CD N N O O O O W W Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 7, 2003 No.: 5.b. HEARINGS Type of Action: CONDUCT A PUBLIC HEARING; ADOPT ORDINANCE Subject: CONDUCT A PUBLIC HEARING TO RECEIVE COMMENTS ON AN ORDINANCE TO REVISE DISTRICT CODE CHAPTER 6.30 SCHEDULE OF RATES AND CHARGES FOR VARIOUS ENVIRONMENTAL AND DEVELOPMENT - RELATED SERVICES; ADOPT THE ORDINANCE Submitted By: Russell B. Leavitt Initiating Dept /Div.: Management Analyst Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: — el_� '" 11---' 09�� R. Leavitt — J. Miyamoto -Mills C. wa n OVA-- A. Farrell !;� Charles W. Batts, General Manager ISSUE: The District Code requires that a public hearing be held prior to the Board of Director's adoption of an ordinance to revise Chapter 6.30 Schedule of Rates and Charges, for various environmental and development - related services. RECOMMENDATION: Conduct a public hearing to receive comments regarding a proposed ordinance to revise District Code Chapter 6.30 Schedule of Rates and Charges, for various environmental and development - related services. Adopt the attached ordinance to revise Chapter 6.30 Schedule of Rates and Charges. FINANCIAL IMPACTS: The proposed rates and charges are designed to recover 100 percent of the District's direct and indirect labor costs, other operating costs, and administrative overhead costs incurred in providing most of these service. If adopted, the additional revenue generated by these increases in 2003 -2004 would total about $200,000 to $300,000 for the O & M Fund and Capital Improvements Fund, or about 0.1 percent of total District revenue. BACKGROUND: Chapter 6.30 of the District Code includes a schedule of rates and charges for environmental and development - related services provided to contractors, developers, waste haulers, and permitted industrial users. These services include permit counter assistance, plan review, inspection of construction for laterals and main line extensions, addition of new sewers, parcels, and permit information to District maps, source control permits and inspections, and septic and grease hauler sampling and treatment. At past Board direction, these rates and charges were established to recover the District's direct and indirect labor costs, other operating expenses, and seventy -five percent (75 %) of the administrative overhead incurred in providing each service. That approach was meant to ensure that those businesses and individuals who require specific services beyond those needed by the general ratepayers pay their share of the T: \Planning \Leavitt \RATES & CHARGES \Rates and Charges Public Hearing PP.doc 7/23/03 1:07 PM Page 1 of 14 POSITION PAPER Board Meeting Date: August 7, 2003 subject CONDUCT A PUBLIC HEARING TO RECEIVE COMMENTS ON AN ORDINANCE TO REVISE DISTRICT CODE CHAPTER 6.30 SCHEDULE OF RATES AND CHARGES FOR VARIOUS ENVIRONMENTAL AND DEVELOPMENT - RELATED SERVICES; ADOPT THE ORDINANCE cost of each service provided. Currently, these rates and charges generate approximately $694,000 per year ($363,000 for the O & M Fund, and $331,000 for the Capital Improvements Fund), or about 1.3 percent of total District revenue. Adjusting these rates and charges to reflect current, actual costs avoids the need to subsidize services through increased Sewer Service Charges. The last comprehensive review of these rates and charges occurred over ten years ago. Over the past decade, the District would periodically review the rates and charges to assess whether cost escalation was warranted. This was last done in 2001 -2002 when an increase of 9.7 percent (a two -year adjustment) was adopted. This year, the District has re- evaluated the rates and charges for the categories of A) Development Plan Review, B) Construction Inspection, C) Collection System, D) Right -of -Way, and E) Miscellaneous. The revised rates and charges are explained in the following pages. Additionally, the District will be increasing the categories of F) Industrial Permit Fees and G) Septage Disposal by a 3% cost -of- living adjustment only and will do a more thorough re- evaluation of these categories in the future. The District's anticipated financial constraints and a State mandate to ensure that revenues from these sources do not exceed the cost of providing services warrants a comprehensive review of these rates and charges. A District staff review has produced recommendations resulting in many increased rates and charges; a few decreased or unchanged, the addition of some new charges, and the elimination of others. Attachment 1 presents the proposed 2003 -2004 rates and charges. Attachment 2 presents a comparison of the current and proposed rates and charges with indications of which are new and which staff proposes to delete. Factors contributing to increased rates and charges include: 1) a reevaluation of District overhead confirming an adjustment from 105 percent to 135 percent; 2) charging 100 percent of the administrative overhead portion rather than 75 percent; 3) ensuring that all aspects of District labor associated with a task are captured; and 4) calculating the actual level of effort for each task as currently performed. Some rates and charges were reduced or maintained due to this level of effort re- evaluation. New rates and charges were developed for services not previously assessed and others were added or deleted to simplify administration. Attachment 3 presents the effect of the proposed rates and charges on sample projects (single family house connection and various main line extensions). The total increases in rates and charges for these sample projects ranges from 16 percent to 98 percent. Also shown are the fees charged by nearby agencies for the same types of projects. Some of these other agencies also have not comprehensively reviewed their rates and charges for years and likely are T: \Planning \Leavitt \RATES & CHARGES \Rates and Charges Public Hearing PP.doc 7/31/03 9:53 AM Page 2 of 14 POSITION PAPER Board Meeting Date: August 7, 2003 subject. CONDUCT A PUBLIC HEARING TO RECEIVE COMMENTS ON AN ORDINANCE TO REVISE DISTRICT CODE CHAPTER 6.30 SCHEDULE OF RATES AND CHARGES FOR VARIOUS ENVIRONMENTAL AND DEVELOPMENT - RELATED SERVICES; ADOPT THE ORDINANCE undercharging for these services. The proposed District fees match fairly closely with those of the Mt. View Sanitary District (MVSD). A comparison with MVSD's rates and charges is the most valid because all costs are captured (since most of its developer services are contracted out) and the fees were last updated in June 2002 Notices of the public hearing were posted and published in the Contra Costa Times. In addition, the staff - recommended schedule of rates and charges was distributed to representatives of the Home Builders Association of Northern California, the Engineering and Utilities Contractors' Association, the Associated Buildings and Contractors Golden Gate Chapter, current permit applicants, and others who have requested notice of fee increase proposals. This effort to invite public comment was pursued to encourage affected customers to provide input during the rate setting process. Comments submitted by the public during the review period will be presented to the Board of Directors at the public hearing. RECOMMENDATION: Conduct a public hearing to receive comments regarding a proposed ordinance to revise District Code Chapter 6.30 Schedule of Rates and Charges, for various environmental and development - related services. Adopt the attached ordinance to revise Chapter 6.30 Schedule of Rates and Charges T: \Planning \Leavitt \RATES & CHARGES \Rates and Charges Public Hearing PP.doc 7/31/03 9:54 AM Page 3 of 14 ATTACHMENT 1 2003 -2004 PROPOSED RATES AND CHARGES Fee Category Proposed Fee (A) DEVELOPMENT AND PLAN REVIEW Review of new sewer plans and related documents; review of plans for and processing of residential and commercial permit applications; installer reimbursement of sewer construction costs from subsequent connectors; identification of right -of -way conflicts; and interest rates for District programs. (A -1) Development Review Mainline Plan Review (2 preliminary + 1 final plan reviews) $215 + $3.45/FT Minimum fee $615 minimum Each additional plan review $70 + $1.15/FT Manhole only plan review $355 Special cut sheet review $140 Easement document review $445 /easement (A -2) Application Fees Existing lot - new service $105 New parcel - new service $180 Commercial application - no change of use No Charge Commercial application - change of use $165 Side sewer repair $75 Capacity Use Program $90 (A -3) Reimbursement Accounts Set -up fee $660 Transaction fee $135 /transaction (A -4) Commercial development plan check No change of use No Charge Change of use $95 /review (A -5) Private pumping system plan check $670 (A -6) Right -of -way encroachment Plan review - no sewer on property No Charge Plan review - sewer on property $45 Encroachment resolution fee Actual Expense (A -7) Special Approvals $140 (A-8) Minimum annual interest rate for CADs and Capacity Use Program 6.00% Page 4 of 14 Fee Category Proposed Fee (B) CONSTRUCTION INSPECTION Inspection of new sewer main construction and new connections and other sewer work on private property (includes TV inspection when appropriate). (B -1) Mainline Inspection In street $465 + $6.05 /FT In undeveloped land $465 + $3.70 /FT Minimum charge $950 (B -2) Inspections by type Single inspection charge (e.g., C/O or BW device installation; side sewer cap; tap only or tap replacement; side sewer projects 510 feet in length) $100 Manhole tap; building connection; lateral abandonment $200 Manhole alteration $305 Lateral extension; side sewer repair; pipe bursting; sewer alteration; new manhole or rodding inlet only $405 Full connection; complete side sewer replacement; grease interceptor; trash enclosure $605 Private pump system (pump and full connection) $810 (B-3) Overtime inspection (for mainline or side sewer inspection) $73 /HR (first hour on site) $50 /HR (thereafter) Weekend /Holiday (4 -hr min) New Year's Day, Martin Luther King, President's Day, Memorial Day, July 4th, Labor Day, Veteran's Day, Thanksgiving, Christmas $223 minimum (B -4) Construction inspection of non - permitted work $305 + Avoided Charge (C) COLLECTION SYSTEM TV inspection of sewers conducted separate from a construction inspection activity,- verification of sewer location and sewer service connection. (C -1) TV Inspection Weekday $165/HR Overtime - weekday $200 /HR Overtime - weekend or holiday (4 -hr minimum) $800 minimum (C -2) Dye test $230 (C -3) Collection system repair Actual Expense (C -4) Cancelled TV Inspection without prior notice $265 (C -5) Sewer locating and marking $200 Page 5 of 14 Fee Category Proposed Fee (D) RIGHT -OF -WAY Establishing right -of -way agreements and resolving conflicts. (D -1) Process quitclaim deeds (3 -hr minimum) $100 /HR (D-2) Process real property agreement, license or easement (6 -hr minimum) $100 /HR (E) MISCELLANEOUS District services provided for private sewer projects. (E -1) Engineering - private sewer projects Actual Expense (E -2) Soil evaluation - private sewer projects Actual Expense (E -3) Surveying Actual Expense (F) INDUSTRIAL PERMIT FEES Permiting and inspection of industries and other commercial dischargers to ensure availability and use of pretreatment processes. (F -1) Class I Fees Base permit fee of $3,256 + cost of District's lab analysis (F -2) Class I) Fees ( *) Base permit fee of $3,256 + cost of District's lab analysis (F -3) Class III Fees ( *) Base fee of $351 (F -4) Industrial user permit application fee ( *) Base fee of $225 (F -5) Special discharge permit application fee ( *) No on -site inspection $65 each On -site inspection ( *) Base fee of $345 (G) SEPTAGE DISPOSAL Sampling and disposal of septic waste and grease. (G -1) Annual permit fee $1,650 (G -2) Residential septic /toilet waste < 2,000 gallons $18 + $0.14 /gal > 2,000 gallons $58 + $0.14/gal (G -3) Restaurant grease waste ( * *) < 2,000 gallons $18 + $0.02 /gal > 2,000 gallons $58 + $0.02 /gal ( *) Additional charges to be billed separately if staff time incurred is above that included in the base fee. ( * *) Other approved waste will be charged at the residential septic and portable toilet waste rate unless actual strength characteristics are provided. Page 6 of 14 ATTACHMENT COMPARISON OF CURRENT AND PROPOSED RATES AND CHARGES Page 7 of 14 FEE CATEGORY CURRENT FEE PROPOSED FEE (A) DEVELOPMENT & PLAN REVIEW (A -1) MAINLINE PLAN REVIEW - TWO PRELIMINARY+ ONE FINAL PLAN REVIEW $1,80 /FT. $215 + $3.45/FT MINIMUM FEE $746 $615 MINIMUM NEW I EACH ADDITIONAL REVIEW NEW $70 + $1.15/FT NEW MANHOLE ONLY PLAN REVIEW NEW $355 (A -4) PERMIT /PLAN REVIEW $11 DELETED NEW EXISTING LOT APPLICATION FEE - NEW SERVICE NEW $105 NEW NEW PARCEL APPLICATION FEE - NEW SERVICE NEW $180 NEW COMMERCIAL APPLICATION FEE - NO CHANGE OF USE NEW NO CHARGE NEW COMMERCIAL APPLICATION FEE - CHANGE OF USE NEW $165 NEW SIDE SEWER REPAIR APPLICATION FEE NEW $75 NEW CAPACITY USE PROGRAM APPLICATION FEE NEW $90 NEW REIMBURSEMENT ACCOUNT SET -UP FEE NEW $660 (A -5) REIMBURSEMENT ACCOUNT ADMINISTRATIVE CHARGE -PER TRANSACTION: FORMERLY REBATE ADMINISTRATIVE CHARGE $120 $135 COMMERCIAL DEVELOPMENT PLAN CHECK NO CHANGE OF USE NO CHARGE NO CHARGE CHANGE OF USE NEW $95 /EACH REVIEW (A -6) INITIAL REVIEW (GREASE, SC, CIVIL) $65 /HR DELETED MINIMUM FEE $65 DELETED ADDITIONAL REVIEWS $65 /HR DELETED MINIMUM FEE $32 DELETED (A -7) SPECIAL CUT SHEET REVIEW $32 $140 NEW PRIVATE PUMPING SYSTEM PLAN CHECK NEW $670 NEW EASEMENT DOCUMENT REVIEW NEW $445 NEW RIGHT -OF -WAY ENCROACHMENT PLAN CHECK - NO SEWER ON PROPERTY NEW NO CHARGE NEW RIGHT -OF -WAY ENCROACHMENT PLAN CHECK - SEWER ON PROPERTY NEW $45 RIGHT -OF -WAY ENCROACHMENT RESOLUTION FEE NEW ACTUAL EXPENSE NEW SPECIAL APPROVALS NEW $140 NEW MINIMUM ANNUAL INTEREST RATE FOR CADS AND CAPACITY USE IPROGRAM 6.00% 6.00% (B) CONSTRUCTION INSPECTION MAINLINE INSPECTION SEE TABLE A -1 (B IN STREET NEW $465 + $6.05 /FT -1) IN UNDEVELOPED LAND NEW $465 + $3.70 /FT MINIMUM CHARGE NEW $950 (B -2) STANDARD INSPECTIONS OR REINSPECTION $14-$101 $100 (B -2.1) SINGLE INSPECTION (E.G., C/O OR BW DEVICE INSTALLATION; SIDE SEWER CAP FOR REUSE; TAP ONLY OR TAP REPLACEMENT; SIDE SEWER PROJECTS 510 FEET IN LENGTH) $101 $100 (B -2.2) j MANHOLE TAP; BUILDING CONNECT $101 $200 (B -2.3) MANHOLE ALTERATION $101 $305 (B-2.4) ABANDONMENT; LATERAL EXTENSION; SIDE SEWER REPAIR; PIPE BURSTING• SEWER ALTERATION $101-$202 $405 (B-2.5) FULL CONNECTION, COMPLETE SIDE SEWER REPLACEMENT, GREASE INTERCEPTOR TRASH ENCLOSURE $101-$303 $605 (B -2.6) PRIVATE PUMP SYSTEM (PUMP AND FULL CONNECTION) $303 $810 (B -4) OVERTIME INSPECTION $83 /HR $73 /HR (FOR FIRST HOUR ON SITE) 50 /HR AFTER WEEKEND /HOLIDAY (4 -HR MIN) NEW YEAR'S DAY, MARTIN LUTHER KING PRESIDENT'S DAY MEMORIAL DAY JULY 4 LABOR $331 $223 MINIMUM Page 7 of 14 (') ADDITIONAL CHARGES TO BE BILLED SEPARATELY IF STAFF TIME INCURRED IS ABOVE THAT INCLUDED IN THE BASE FEE. ('•) OTHER APPROVED WASTE WILL BE CHARGED AT THE RESIDENTIAL SEPTIC AND PORTABLE TOILET WASTE RATE UNLESS ACTUAL STRENGTH CHARACTERISTICS ARE PROVIDED. Page 8 of 14 FEE CATEGORY CURRENT FEE PROPOSED FEE (B -5) OVERTIME INSPECTION CREDIT $344275 DELETED (B -6) NEW MANHOLE /RODDING INLET INSPECTION $545 $405 B -8 ( ) CONSTRUCTION INSPECTION OF NON - PERMITTED WORK (IN ADDITION TO INSPECTION CHARGES AVOIDED $270 $305 + AVOIDED CHARGE (C) COLLECTION SYSTEM (C -3) TV INSPECTION - WEEKDAY $248.00 + $136.00 /HR $165/HR (C -4) TV INSPECTION OVERTIME -WEEKDAY $248.00 + $192.00/HR $200 /HR WEEKEND /HOLIDAY (4 -HR MIN) $1,017.00 $800 MINIMUM (C -7) DYE TEST $116.00 $230 (C -8) COLLECTION SYSTEM REPAIR ACTUAL EXPENSE ACTUAL EXPENSE (C -9) TV INSPECTION: NON CANCELLATION $261.00 $265 NEW SEWER LOCATING AND MARKING NEW $200 (D) RIGHT -OF -WAY PROCESS QUITCLAIM DEEDS $57.00 /HR $100 /HR (D-2) (3 -HR MIN) $171.00 $300 MINIMUM (D -3) PROCESS REAL PROPERTY AGREEMENT, LICENSE OR EASEMENT ACTUAL EXPENSE $100 /HR (SIX HOUR MINIMUM) $600 MINIMUM (E) MISCELLANEOUS (E -1) ENGINEERING - PRIVATE SEWER PROJECTS ACTUAL EXPENSE ACTUAL EXPENSE (E -2) SOIL EVALUATION - PRIVATE SEWER PROJECTS ACTUAL EXPENSE ACTUAL EXPENSE (E -3) SURVEYING $201.00 /HR ACTUAL EXPENSE (F) INDUSTRIAL PERMIT FEES CLASS I FEES BASE PERMIT FEE OF $3,162.00 PLUS LABORATORY COSTS OF DISTRICT ANALYSIS. BASE PERMIT FEE OF $3,256 PLUS LABORATORY COSTS OF DISTRICT ANALYSIS (F -1) CLASS II FEES (') BASE PERMIT FEE OF $3,162.00 PLUS LABORATORY COSTS OF DISTRICT ANALYSIS. BASE PERMIT FEE OF $3,256 PLUS LABORATORY COSTS OF DISTRICT ANALYSIS (F -2) INDUSTRIAL USER PERMIT APPLICATION FEE (') BASE FEE OF $217.00. BASE FEE OF $225 SPECIAL DISCHARGE PERMIT APPLICATION FEE (') (F -3) NO ON -SITE INSPECTION $63.00 EACH $65 EACH ON -SITE INSPECTION (`) $335.00 EACH BASE FEE OF $345 (F -4) CLASS III FEE (•) $341.00 EACH BASE FEE OF $351 (G) SEPTAGE DISPOSAL (G -1) ANNUAL PERMIT FEE $1,605 $1,650 RESIDENTIAL SEPTIC/TOILET WASTE (G -2) < 2,000 GALLONS $18 + $0.14 /GAL $18 + $0.14 /GAL > 2,000 GALLONS $57 + $0.14 /GAL $58 + $0.14 /GAL RESTAURANT GREASE WASTE( ") (G -3) < 2,000 GALLONS $18 + $0.02 /GAL $18 + $0.02 /GAL > 2,000 GALLONS $57 + $0.02 /GAL $58+ $0.02 /GAL (') ADDITIONAL CHARGES TO BE BILLED SEPARATELY IF STAFF TIME INCURRED IS ABOVE THAT INCLUDED IN THE BASE FEE. ('•) OTHER APPROVED WASTE WILL BE CHARGED AT THE RESIDENTIAL SEPTIC AND PORTABLE TOILET WASTE RATE UNLESS ACTUAL STRENGTH CHARACTERISTICS ARE PROVIDED. Page 8 of 14 ATTACHMENT 3 TYPICAL PROJECT INCREASES /AGENCY COMPARISONS OF RATES AND CHARGES EXAMPLE EXISTING CCCSD RATES & CHARGES PROPOSED CCCSD RATES & CHARGES PERCENT CHANGE OTHER AGENCIES OTHER AGENCY TOTALS Single House Connection on Existing Lot (assumed lateral cost: $2,500 $3,9 2-$4 632 $4,965 - $5,953 27 -28% Dublin San Ramon Services District $11,512 [$3,360-$4,0701 $3 983-$4,9711 [$11,0501 [Numbers in brackets represent the Capacity Fee portion of the total fees] Mt. View SD $8,333 f$7,4251 Delta Diablo SD (Pittsburg) $5,953 [$5,2011 West Count SD $2,095 [$1,9401 200 Foot Main Extension in Street (assumed project cost: $30,000) $2,222 $2.580 16% Mt. View SD $4.180 Dublin San Ramon Services District $1,814 West Count SD $1.500 Delta Diablo SD (Bay Point ) $850 1,000 Foot Main Extension in Street (assumed project cost: $100,000) $5,144 $10,180 98% Mt. View SD $9.650 Dublin San Ramon Services District $5,520 West Count SD $5,000 Delta Diablo SD (Bay Point ) $1,550 1,000 Foot Main Extension in Undeveloped Land (assumed project cost: $60,000) $5.144 $7,830 52% Mt. View SD $6,850 Dublin San Ramon Services District $5,520 West Count SD $3,000 Delta Diablo SD (Bay Point ) 1,550 Page 9 of 14 ORDINANCE NO. AN ORDINANCE OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT AMENDING DISTRICT CODE SECTION 6.30 SCHEDULE OF RATES AND CHARGES FOR VARIOUS ENVIRONMENTAL AND DEVELOPMENT - RELATED SERVICES WHEREAS, the Board of Directors of the Central Contra Costa Sanitary District finds that it is necessary to charge customers of the District and users of District services for the reasonable cost of providing said services; and WHEREAS, District staff has analyzed the cost of providing various environmental and development - related services, such as, but not limited to, permit counter assistance, plan review, inspection of construction for laterals and main line extensions, the addition of new sewers, parcels and permit information to District maps, source control permits and inspections, and septic and grease hauler sampling and treatment; and WHEREAS, the Board finds that the Schedule of Rates and Charges for environmental and development - related services, as reflected in the Exhibit to this Ordinance, represents the reasonable cost of providing the services delineated within said Schedule of Rates and Charges; and WHEREAS, the Board of Directors finds that this action is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15273 (a)(1) and (3) of the State CEQA Guidelines, in that the fees are being charged merely to reimburse the District for staff costs and expenses; THEREFORE, the Board of Directors of the Central Contra Costa Sanitary District does hereby ordain as follows: Section 1. The fee for each of the environmental and development - related services described in the Exhibit to this Ordinance, attached hereto and incorporated by reference, shall be as set forth therein. The rates and charges set forth in the attached Exhibit shall be codified in Chapter 6.30 of the District Code and said Schedule of Rates and Charges shall supersede the preexisting Schedule of Fees contained in the District Code on the effective date of this Ordinance. Said Schedule of Rates and Charges contained in the Exhibit shall remain in effect until amended by ordinance. Section 2. This Ordinance shall be a general regulation of the District and shall be published in the Contra Costa Times, a newspaper of general circulation, published and circulated within the Central Contra Costa Sanitary District and shall be effective as of October 6, 2003. Page 10 of 14 PASSED AND ADOPTED by the Board of Directors of the Central Contra Costa Sanitary District on the 7th day of August 2003, by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Countersigned: Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California Approved as to Form: Kenton L. Alm District Counsel President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California Page 11 of 14 EXHIBIT TO ORDINANCE NO. CENTRAL CONTRA COSTA SANITARY DISTRICT RATES AND CHARGES Fee Category Proposed Fee (A) DEVELOPMENT AND PLAN REVIEW Review of new sewer plans and related documents; review of plans for and processing of residential and commercial permit applications; installer reimbursement of sewer construction costs from subsequent connectors; identification of right -of -way conflicts; and interest rates for District programs. (A -1) Development Review Mainline Plan Review (2 preliminary + 1 final plan reviews) $215 + $3.45/FT Minimum fee $615 minimum Each additional plan review $70 + $1.15/FT Manhole only plan review $355 Special cut sheet review $140 Easement document review $445 /easement (A -2) Application Fees Existing lot - new service $105 New parcel - new service $180 Commercial application - no change of use No Charge Commercial application - change of use $165 Side sewer repair $75 Capacity Use Program $90 (A -3) Reimbursement Accounts Set -up fee $660 Transaction fee $135 /transaction (A-4) Commercial development plan check No change of use No Charge Change of use $95 /review (A -5) Private pumping system plan check $670 (A -6) Right -of -way encroachment Plan review - no sewer on property No Charge Plan review - sewer on property $45 Encroachment resolution fee Actual Expense (A -7) pprovals $140 (A -8) LMin annual interest rate for CADs and Capacity Use 6.00% Page 12 of 14 EXHIBIT TO ORDINANCE NO. CENTRAL CONTRA COSTA SANITARY DISTRICT RATES AND CHARGES (B) CONSTRUCTION INSPECTION Inspection of new sewer main construction and new connections and other sewer work on private property (includes TV inspection when appropriate). (13-1) Mainline Inspection In street $465 + $6.05 /FT In undeveloped land $465 + $3.70 /FT Minimum charge $950 (B -2) Inspections by type Single inspection charge (e.g., C/O or BW device installation; side sewer cap; tap only or tap replacement; side sewer projects s10 feet in length) $100 Manhole tap; building connection; lateral abandonment $200 Manhole alteration $305 Lateral extension; side sewer repair; pipe bursting; sewer alteration; new manhole or rodding inlet only $405 Full connection; complete side sewer replacement; grease interceptor; trash enclosure $605 Private pump system (pump and full connection) $810 (13-3) Overtime inspection (for mainline or side sewer inspection) $73 /HR (first hour on site) $50 /HR (thereafter) Weekend /Holiday (4 -hr min) New Year's Day, Martin Luther King, President's Day, Memorial Day, July 4th, Labor Day, Veteran's Day, Thanksgiving, Christmas $223 minimum (B -4) Construction inspection of non - permitted work $305 + Avoided Charge (C) COLLECTION SYSTEM TV inspection of sewers conducted separate from a construction inspection activity,- verification of sewer location and sewer service connection. (C -1) TV Inspection Weekday $165/HR Overtime - weekday $200 /HR Overtime - weekend or holiday (4 -hr minimum) $800 minimum (C -2) Dye test $230 (C -3) Collection system repair Actual Expense (C -4) Cancelled TV Inspection without prior notice $265 (C -5) Sewer locating and marking $200 Page 13 of 14 EXHIBIT TO ORDINANCE NO. CENTRAL CONTRA COSTA SANITARY DISTRICT RATES AND CHARGES (D) RIGHT -OF -WAY Establishing right -of -way agreements and resolving conflicts. (D -1) Process quitclaim deeds (3 -hr minimum) $100 /HR (D -2) Process real property agreement, license or easement (6 -hr minimum) $100 /HR (E) MISCELLANEOUS District services provided for private sewer projects. (E -1) Engineering - private sewer projects Actual Expense (E -2) Soil evaluation - private sewer projects Actual Expense (E -3) Surveying Actual Expense (F) INDUSTRIAL PERMIT FEES Permitting and inspection of industries and other commercial dischargers to ensure availability and use of pretreatment processes. (F -1) Class I Fees Base permit fee of $3,256 + cost of Districts lab analysis (F -2) Class II Fees ( *) Base permit fee of $3,256 + cost of District's lab analysis (F -3) Class III Fees () Base fee of $351 (F-4) Industrial user permit application fee ( *) Base fee of $225 (F -5) Special discharge permit application fee ( ") No on -site inspection $65 each On -site inspection ( *) Base fee of $345 (G) SEPTAGE DISPOSAL Sampling and disposal of septic waste and grease. (G -1) Annual permit fee $1,650 (G -2) Residential septic /toilet waste < 2,000 gallons $18 + $0.14/gal > 2,000 gallons $58 + $0.14/gal (G -3) Restaurant grease waste ( * *) < 2,000 gallons $18 + $0.02 /gal > 2,000 gallons $58 + $0.02 /gal ( *) Additional charges to be billed separately if staff time incurred is above that included in the base fee. ( * *) Other approved waste will be charged at the residential septic and portable toilet waste rate unless actual strength characteristics are provided. Page 14 of 14 Central Contra Costa Sai.Aary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 7, 2003 No.: 7.a. ITEMS HELD OVER FROM PREVIOUS BOARD MEETINGS Type of Action: APPROVE PROJECT subject: APPROVE ST. STEPHENS SLIDE PROJECT, DISTRICT PROJECT 5600, FOR CEQA/PERMITTING PURPOSES Submitted By: Initiating Dept /Div.: Tom Godsey, Associate Engineer Engineering / Capital Projects REVIEWED AND RECOMMENDED FOR BOARD ACTION: r, f T. Godsey i re an A. Farrell ,,}y Charles W. atts, General Manager ISSUE: Board approval of St. Stephens Slide Project, District Project 5600, is required prior to the filing of a Notice of Exemption under the District's California Environmental Quality Act (CEQA) Guidelines. RECOMMENDATION: Approve the St. Stephens Slide Project, D.P. 5600. FINANCIAL IMPACTS: The total project cost is anticipated to be $150,000; however, this position paper only approves the project for CEQA/Permitting and does not award a construction contract. ALTERNATIVES /CONSIDERATIONS: The Board of Directors may delay or decline to approve the project. If this renovation project and repair is not constructed, the condition of the sewers will continue to decline and may result in structural failure. BACKGROUND: The District investigated and monitored sewer creek crossings this past winter. One known soil slide along St. Stephens Drive worsened significantly. The culvert carrying storm water from St. Stephens Drive across our sewer easement has corroded and failed, washing out a gully that imperils our sewer easement. This repair will stabilize and rebuild the soil slope, renovate the storm drain, and provide for permanent gravity sewer service. This project site must have a California Fish and Game Stream Alteration permit secured before construction work can be completed. This project should also be corrected before the onset of this coming winter. Attachment 1 shows the location of the site. The Board normally considers approval of a project and direction to file a Notice of Exemption at the time of award of a Construction Contract. New permitting requirements from agencies such as California Department of Fish and Game require hDesign \Position Papers \2003 \5600ApproveCEQA- btg.DOC Page 1 of 3 POSITION PAPER Board Meeting Date: August 7, 2003 subject APPROVE ST. STEPHENS SLIDE PROJECT, DISTRICT PROJECT 5600, FOR CEQA/PERMITTING PURPOSES that completed CEQA documentation be submitted with the permit application. Since this permit application process can be time consuming, Board approval of the project and direction to file a Notice of Exemption is needed at this time. The St. Stephens Slide Project is included as part of the Collection System Urgent Projects Program in the Fiscal Year 2003 -2004 Capital Improvement Budget (CIB) on pages CS-42 through CS -50. Staff has conducted a cash flow analysis of the Sewer Construction Fund and concluded that adequate funds are available for these projects. Staff has concluded that this project is exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines, Section 15301, since it involves only alterations of existing facilities with no expansion of capacity. Authorization of this project will establish the Board of Directors' independent finding that this project is exempt from CEQA. RECOMMENDED BOARD ACTION: Approve the St. Stephens Slide Project, D.P. 5600, and direct staff to file a Notice of Exemption with the Contra Costa County Clerk. I: \Design \Position Papers \2003 \5600ApproveCEQA- btg.DOC Page 2 of 3 C R-7 Central Contra Costa Attachment Sanitary District ST STEPHEN SLIDE PROJECT CCCCSD PROJECT N0.5600 � Page 3 of 3 O O C/1 CD I O C� CD rD N r-r- CD J N O O W m b x z C/) t" d O CD CD O C/� r"P C O � O CD cn 0M.A . C CD CD CD CD CL CD C CD CD oJ CD CD CD O C n CD CD CD F•-r CD 0 C!1 V `�f V n 0 O a 4 CD n O O P9 O CL Cl� O CD UP CAD C1� n O O O CD O CD i n n CD c CD CD O C CD O CD CD CL O i CD CD O FW - . CA CD CD CD O O O �-h CD CD �o CD C CIq Cl� CD CD CD rr- O �d CD N r-r- vs C� rl Ey �1 CD n�m� o c CD v CD 1 N �C O � O � W � C-D CD CD p p O r-L � � CD O cr CA CD O.". CD N r+ � O O p W O CD C� rl Ey �1 CD Pipeline -Fall, 2003 HHW Collection Facility News - Don't Bring E)Oosive/Dangerous Materials Don't Bring Sharps Propane Tank Disposal Overview of Current Construction Projects Backwater Overflow Devices New Ordinance information Where to purchase Sample Survey Questions Where do you get information about HHW? How often do you use the HHWCF? In last 3 years, have you heard or seen info about less toxic pest control? Where? Did this information influence how you garden or what pest control you use? How do you rate the CCCSD Pipeline? Pipeline -Fall, 2003 Controlling & Preventing Roots in Sewers Pollution Prevention Award Winners Platinum Award /CWEA Awards Availability of Student Education Programs Recycled Water- School Ribbon Cutting Photo Survey Pipeline Schedule Board Outreach Committee Review of Articles...7uly 24, 2003 Board Review... September 18, 2003 Printing... week of September 22, 2003 Distribution ... October, 2003 Central Contra Costa Sak.aary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 7, 2003 No.: 9.a. ENGINEERING Type or Action: Authorize Agreement subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AGREEMENT WITH WINDEMERE BLC LAND COMPANY LLC AND SHAPELL INDUSTRIES OF NORTHERN CALIFORNIA FOR PAYMENT OF COSTS ASSOCIATED WITH ACCELERATING CONSTRUCTION OF IMPROVEMENTS TO THE SAN RAMON PUMPING STATION AND FORCE MAIN Submitted By: Jarred Miyamoto -Mills Initiating Dept./Div.: Engineering/ Principal Engineer Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: ry J. Miyamoto -Mills . Farrell K. Alm Charles W. atts, General Manager ISSUE: The Board of Directors' authorization is required to execute an agreement with the Dougherty Valley developers regarding their payment of acceleration costs for improvements to the San Ramon Pumping Station and Force Main. RECOMMENDATION: Authorize the General Manager to execute an agreement with Windemere BLC Land Company LLC and Shapell Industries of Northern California for payment of the costs associated with accelerating improvements to the San Ramon Pumping Station and Force Main. FINANCIAL IMPACTS: Under the recommended agreement, the developers will make installment payments to the District totaling $2,733,310.38 over the next five years. ALTERNATIVES /CONSIDERATIONS: The developers agreed to pay these costs during negotiations with the City of San Ramon to settle litigation regarding the Dougherty Valley Tunnel and Trunk Sewer project. Each developer has already paid two installments of acceleration costs. The recommended agreement will formalize the requirements for the billing and payment process. BACKGROUND: During litigation settlement negotiations with the City of San Ramon regarding construction of the Dougherty Valley Tunnel and Trunk Sewer (District Project 5902), the District agreed to advance the schedule for several projects to improve the San Ramon Pumping Station and Force Main at the City's request. The Dougherty Valley developers agreed to pay the costs associated with accelerating the projects. Subsequently, the District sold Revenue Installment Certificates for the projects, and the developers agreed to pay the interest on the certificates for the five -year period that WPosition Papers\ Miyamoto - Mills \PPreSRPSAccel$.doc 7/31/03 10:45 AM Page 1 of 11 POSITION PAPER Board Meeting Date: August 7, 2003 subject. AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AGREEMENT WITH WINDEMERE BLC LAND COMPANY LLC AND SHAPELL INDUSTRIES OF NORTHERN CALIFORNIA FOR PAYMENT OF COSTS ASSOCIATED WITH ACCELERATING CONSTRUCTION OF IMPROVEMENTS TO THE SAN RAMON PUMPING STATION AND FORCE MAIN the projects were advanced. The developers paid the first two installments for interest due on September 1, 2002 and March 1, 2003. Staff recommends that an agreement be established to formalize the billing and payment process requirements for the remaining scheduled payments. Staff has negotiated such an agreement with the developers (see Attachment 1). RECOMMENDED BOARD ACTION: Authorize the General Manager to execute an agreement with Windemere BLC Land Company LLC and Shapell Industries of Northern California for payment of the costs associated with advancing or accelerating improvements to the San Ramon Pumping Station and Force Main. WPosition Papers\ Miyamoto - Mills \PPreSRPSAccel$.doc 7/31/03 10:45 AM Page 2 Of 11 Attachment 1 AGREEMENT BETWEEN CENTRAL CONTRA COSTA SANITARY DISTRICT, WINDEMERE BLC LAND COMPANY LLC, AND SHAPELL INDUSTRIES OF NORTHERN CALIFORNIA FOR COSTS ASSOCIATED WITH ACCELERATING CONSTRUCTION OF IMPROVEMENTS TO THE SAN RAMON PUMPING STATION AND CONSTRUCTION OF A NEW FORCE MAIN This Agreement is made and entered into this _ day of , 20_ by and between Central Contra Costa Sanitary District ( "CCCSD "), a California special district, Windemere BLC Land Company LLC ( "Windemere "), a California limited liability company and Shapell Industries of Northern California ( "Shapell "), a California corporation and a division of Shapell Industries, Inc., a Delaware corporation, collectively the "Parties ". RECITALS A. WHEREAS, Windemere and Shapell separately own certain tracts of land in an area known as Dougherty Valley in Contra Costa County, California upon which both Windemere and Shapell have processed entitlements for the construction of major residential and commercial projects; and B. WHEREAS, CCCSD has committed to providing the sewer facilities and service necessary to serve Windemere's and Shapell's Dougherty Valley projects in a timely manner; and C. Windemere and Shapell desire CCCSD to advance and accelerate the construction of improvements to the San Ramon Pumping Station and construction of a new force main which improvements are required by Paragraph 3 of that certain settlement agreement between the Parties dated May 30, 2001 arising from the litigation known as Central Contra Costa Sanitary District v. City of San Ramon, Contra Costa County Superior Court Case No. C00- 02560; and D. WHEREAS, CCCSD and Windemere entered into two agreements entitled "Agreement Between Central Contra Costa Sanitary District and Windemere BLC Land Company LLC for Construction Financing of the Dougherty Valley Tunnel and Trunk Sewer (District Project No. 5902)" dated July 5, 2001 ( "Financing Agreement ") and "Temporary Sewer Facilities and Service Agreement" dated December 6, 2001 ( "Temporary Sewer Facilities Agreement "); and E. WHEREAS, pursuant to paragraph 3.5 of the Financing Agreement and paragraph 5 of the Temporary Sewer Facilities Agreement, Windemere agreed to pay its proportionate share of CCCSD's costs associated with advancing or accelerating such construction ( "Acceleration Costs "); and F. WHEREAS, Shapell informally agreed at the mediation conference for the settlement agreement, which agreement was later confirmed by Shapell's attorney in a letter dated April 19, 2001, to pay its proportionate share of the Acceleration Costs; and Page 3 of 11 Agreement between Central Contra Costa Sanitary District, Windemere BLC Land Company LLC, and Shapell Industries of Northern California for Costs Associated with Accelerating Construction of Improvements to the San Ramon Pumping Station and Construction of a new Forcemain G. WHEREAS, Shapell and Windemere have agreed to pay their proportionate share of the costs set forth in the "Distribution of Acceleration Costs for the San Ramon Pumping Station and Forcemain Projects" ( "Accelerated Costs Schedule "), which is attached hereto as Exhibit A and is incorporated herein by this reference; and H. WHEREAS, prior to the effective date of this Agreement, Windemere and Shapell have each made two installment payments pursuant to the Accelerated Cost Schedule; and I. WHEREAS, the Parties wish to enter into this Agreement to formalize the payment schedule, amounts of payments, and to summarize the rights and obligations of the Parties with respect to the payment of the Acceleration Costs. NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants herein contained, the parties agree as follows: AGREEMENT Article 1 Payments 1.1 Schedule and Timing Windemere and Shapell shall each be solely responsible for making all of the semi - annual installment payments in the amount, and on or before the dates, provided in the schedule contained in Exhibit A. CCCSD shall customarily invoice Windemere and Shapell 45 to 60 days prior to each due date however failure to deliver or receive an invoice shall not extend the due date for any amounts due and owing. 1.2 Delivery All payments shall be made to Central Contra Costa Sanitary District, 5019 Imhoff Place, Martinez, California 94553 Attention: Accounts Receivable, or at such other location of CCCSD's choosing with proper notice to the Parties. 1.3 Late Payments Each installment due hereunder that is not paid within five (5) business days of the due date for such installment shall accrue interest at a rate of five percent (5 %) per annum until paid in full. Page 4 of 11 Agreement between Central Contra Costa Sanitary District, Windemere BLC Land Company LLC, and Shapell Industries of Northern California for Costs Associated with Accelerating Construction of Improvements to the San Ramon Pumping Station and Construction of a new Forcemain Article 2 Term The term of this Agreement shall run from the date the Agreement is properly executed by all Parties until all outstanding installments, late fees and interest charges are paid in full by each Party. It is agreed by the Parties that two installments, dated September 1, 2002 and March 1, 2003 have been paid in full by Windemere and Shapell respectively. The Accelerated Costs Schedule provides that the last installments are due on September 1, 2007. Article 3 Prepayments Either Party may prepay, without penalty or premium, all or any part of its current or future installment balance at any time. Any such prepayment shall be applied, first, toward the payment of all interest then due and, second, in reduction of the unpaid installment balance. Article 4 Relationship of the Parties It is understood that this Agreement is a contract that has been negotiated and voluntarily entered into by the Parties and the Parties hereby renounce the existence of any form of joint venture or partnership between them, and agree that nothing contained herein or in any document executed in connection herewith shall be construed as making CCCSD, Windemere and Shapell together or separately joint venturers or partners. Article 5 Hold Harmless CCCSD promises and covenants to indemnify, protect, defend and hold harmless Windemere and Shapell, and their officers, agents and employees from any and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in any way connected with the construction of the improvements to the San Ramon Pumping Station and construction of a new force main. Article 6 Defaults and Remedies 6.1. Default Subject to any extensions of time set forth in this Agreement, failure or delay by any Party to perform any term or provision of this Agreement, including failure to pay any installment payment and interest due within forty -five (45) days of a due date, constitutes a default under this Agreement. Page 5 of 11 Agreement between Central Contra Costa Sanitary District, Windemere BLC Land Company LLC, and Shapell Industries of Northern California for Costs Associated with Accelerating Construction of Improvements to the San Ramon Pumping Station and Construction of a new Forcemain The party who so fails or delays must immediately commence to cure, correct, or remedy such failure or delay, and shall complete such cure, correction or remedy with reasonable diligence and during any period of curing shall not be in default. If the default is not cured within ten (10) days after service of the notice of default, then (i) if the default concerns the failure of a Party to timely pay an installment payment, late fee or interest due, CCCSD reserves the right to accelerate all remaining unpaid installment payments through the term of this Agreement, as well as all outstanding interest charges, for immediate payment on demand; (ii) the nondefaulting party may terminate this Agreement, and the defaulting party shall be liable to the nondefaulting party for any damages caused by such default, and the nondefaulting party may thereafter commence an action for damages against the defaulting party with respect to such default; and (iii) the nondefaulting party shall be released from any and all further obligations to the defaulting party under the terms of this Agreement. Failure or delay in giving such notice shall not constitute a waiver of any default, nor shall it change the time of default. 6.2 Attorneys Fees If any Party initiates any action at law or in equity to enforce or interpret the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs in addition to any other relief to which it may otherwise be entitled. If any person or entity not a party to this Agreement initiates an action at law or in equity to challenge the validity of any provision of this Agreement, the Parties shall cooperate and appear in defending such action. 6.3 Waiver Except as otherwise expressly provided in this Agreement, any failure or delay by any Party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies or deprive any such Party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. Article 7 General Provisions 7.1 Choice of Law The laws of the State of California shall govern the interpretation and enforcement of this Agreement. Any action must be instituted in either the Superior Court of the County of Contra Costa, State of California, or in an appropriate court in that County. Page 6 of 11 Agreement between Central Contra Costa Sanitary District, Windemere BLC Land Company LLC, and Shapell Industries of Northern California for Costs Associated with Accelerating Construction of Improvements to the San Ramon Pumping Station and Construction of a new Forcemain 7.2 Rights and Remedies are Cumulative Except as otherwise expressly stated in this Agreement, the rights and remedies of the Parties are cumulative, and the exercise by any Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same time or different times, of any other rights or remedies for the same default or any other default by any other Party. 7.3 Notices All notices or other communications specifically required or permitted to be given under this Agreement shall be in writing and personally delivered or sent by certified mail, return receipt requested and postage prepaid, or sent by reputable overnight courier (such as Federal Express), or by facsimile with copies sent by overnight courier or U.S. Postal Service the following day, to all of the addresses or facsimiles set forth below. Any entity listed below may at any time change its address or facsimile number for the delivery of notice upon five (5) days' written notice to the other entities. CENTRAL CONTRA COSTA SANITARY DISTRICT: Charles Batts General Manager 5019 Imhoff Place Martinez, California 94553 Phone: (925) 228 -9500 Fax: (925) 676 -7211 With a copy to: Kenton L. Alm, Esq. Meyers, Nave, Riback, Silver & Wilson 55512th Street Suite 1500 Oakland, California 94607 Phone: (510) 808 -2000 Fax: (510) 444 -1108 Page 7 of 11 Agreement between Central Contra Costa Sanitary District, Windemere BLC Land Company LLC, and Shapell Industries of Northern California for Costs Associated with Accelerating Construction of Improvements to the San Ramon Pumping Station and Construction of a new Forcemain WINDEMERE BLC LAND COMPANY LLC Lennar Communities 3130 Crow Canyon Place, Suite 310 San Ramon, California 94583 Attention: Brian Olin With a copy to: R. Clark Morrison, Esq. Morrison & Foerster LLP 101 Ygnacio Valley Road, Suite 450 Walnut Creek, California 94596 SHAPELL INDUSTRIES OF NORTHERN CALIFORNIA J. Christian Truebridge Shapell Industries, Inc. 100 N. Milpitas Blvd., 2nd Floor Milpitas, California 95035 Telephone: (408) 946 -1550 Facsimile: (408) 946 -2942 With a copy to: Cecily Talbert, Esq. Bingham McCutchen, LLP 1333 N. California Blvd., Suite 210 P. 0. Box "V" Walnut Creek, California 94596 Phone: (925) 937 -8000 Fax: (925) 975 -5390 All notices shall be deemed received on the date two (2) business days after the date of deposit into the U.S. mail in the fashion provided herein. 7.4 Nonliability of CCCSD Officials. No member, official or employee of CCCSD shall be personally liable to Windemere or Shapell, or any successor in interest of either Party, in the event of any default or breach by Page 8 of 11 Agreement between Central Contra Costa Sanitary District, Windemere BLC Land Company LLC, and Shapell Industries of Northern California for Costs Associated with Accelerating Construction of Improvements to the San Ramon Pumping Station and Construction of a new Forcemain CCCSD or for any amount which may become due to either Party or successor or on any obligation under the terms of this Agreement. 7.5 Counterparts This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which together shall be deemed to be one and the same instrument. Furthermore, this Agreement may be executed and delivered by the exchange of electronic facsimile copies or counterparts of the signed documents, which facsimile copies or counterparts shall be binding upon the parties; provided, however, that any electronic facsimile counterpart shall be followed by delivery to Counsel for CCCSD of an original signed counterpart. 7.6 Warranty of Authority Any person executing this Agreement in a representative capacity expressly represents and warrants that s /he has the authority to execute this Agreement on behalf of his /her principal and that upon execution, the principal shall be bound by each and every term hereof. 7.7 Severability It is agreed that if any term, covenant, provision, paragraph, or condition of this Agreement shall be deemed or becomes invalid, void, illegal, or unenforceable for any reason, then the remainder of this Agreement shall remain in full force and effect and shall not be affected, impaired, or invalidated by such determination; the Agreement shall be construed as if not containing the invalid, void, illegal, or unenforceable part and the rights and obligations of the parties shall be construed and enforced accordingly. 7.8 Entire Agreement This Agreement, together with all attachments and exhibits hereto, constitutes the entire understanding and agreement of the parties. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the subject matter hereof. Any waiver or modification of any provision of this Agreement must be in writing and signed by the party to be charged. Page 9 of 11 Agreement between Central Contra Costa Sanitary District, Windemere BLC Land Company LLC, and Shapell Industries of Northern California for Costs Associated with Accelerating Construction of Improvements to the San Ramon Pumping Station and Construction of a new Forcemain IN WITNESS WHEREOF, the Parties hereto have entered into this Agreement as of the day and year first above written. CENTRAL CONTRA COSTA SANITARY DISTRICT Charles W. Batts General Manager Approved as to Form: Kenton L. Alm District Counsel WINDEMERE BLC LAND COMPANY LLC By: SHAPELL INDUSTRIES OF NORTHERN CALIFORNIA By: J. Christian Truebridge Joyce Murphy Secretary of the District Page 10 of 11 V d O d r o. w C ate+ d O U � Q O c o H 2 C N CO YZ 0 O W v N to o CL o E �a +`+ O E D tp C R N 0 0 CD vO T � v c avo E� m� z`0 �"' D' U J m N C t E Cn m C G d + N M v to } a� CD 0 tp tD m tD Nto (D CO O co et r O CDvvv� M p tnv�vv M NNf- t- hI- f- l- t- h LO CAOO>CA N. v v v v ti 44 to to to Vi V) N J m w � pf N N N N N N N C14 CD CD co CD CD CD (0 CD M M M M M CD V C d d h C d of to 10 to to to 0666 i 0i rn 0O) R .0 d N M M M M M 0 CD t0 NtnOtoCONtoanOOW t LO M Vi to V► V► Vi to Vi to to to Ge6-t9619tova9 NMM��toLn00 -t-- 0 0 0 0 0 Cl 0 0 0 0 0 0 r+ O O CO CO CO co co O co O O -.7- 1-7 . - - -1. - -�1-7 M O O C p o N N N N N CV M. api ni a n E en 0OOOo `� JCL m ri m m c*i vvvvv 401 to to Ni to to � O N N 0 d c o j0 ^ 04 0Nj i _ ; CN CIL a v ;° LO v 40 ie 60 Qo cn 1� 17 ri CD CL j ri V o 4� M o M N 1- CO --e I i v Vi to aN+ N to to to U( W } + N Cr) v to O 0 0 CD vO T � v c avo E� m� z`0 �"' D' U J m N C t E Cn m C G d + N M v to } a� � v v qw NV 0 tp tD m tD � H � � V). N O CA N N N N N N N N CD i� f-� 6 6 CC/ CC) 6 CC) 6 6 N to to 00000000 r N N Vi N N N N N N N NNf- t- hI- f- l- t- h p u�oovvvvvvvv M M N N N N N N N N to Vi to to V) fo Vi Vi Vi Vi Vi V J m M M - r- C14 N N N N N N N N CV N COD N N N N N N N C14 CD CD co CD CD CD (0 CD d m0)o oOOOOOo uj an M co M cn M M m M V C to V► Vi to V� Va V� io to to 3 o O m m m m m m m m m CD CD 0A rn 0) rn rn CA 0) W d CL 000aioioiaioiDioioi t0 NtnOtoCONtoanOOW t N N t0 (O CD CD CL) CD CD CO It V Vi to V► V► Vi to Vi to to to of NMM��toLn00 -t-- 0 0 0 0 0 Cl 0 0 0 0 0 0 r+ Cl 0 0 0 0 0 0 0 0 0 0 (V N N N N N N N N N N C -.7- 1-7 . - - -1. - -�1-7 E U U d U d U d U d E N E N E (w0 .E W E E api ni a n 'a°^i 'a°^i 'ai rai r`a ^ V V/ VI (D v/ ! co Page 11 of 11 co M O_ M C6 M cV to CO M O M ri M cV Vi co m v v v_ io M cc rn CD Co co N to a Y Central Contra Costa Sank�ary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 7, 2003 No.: 10. a . HUMAN RESOURCES Type of Action: ADOPT MEMORANDUM OF UNDERSTANDING subject: ADOPT MEMORANDUM OF UNDERSTANDING BETWEEN THE DISTRICT AND THE EMPLOYEES' ASSOCIATION, PUBLIC EMPLOYEES UNION, LOCAL ONE EFFECTIVE JULY 8, 2003 THROUGH APRIL 17, 2009 Submitted By: Initiating Dept./Div.: Cathryn R. Freitas, Human Resources Administration /Human Resources Manager REVIEWED AND RECOMMENDED FOR BOARD ACTION: C. Freitas graves harles w. Batts, General Manager ISSUE: Local One presented the District's contract offer to its membership for consideration on July 29, 2003. The Employees' Association ratified the agreement. Approval of the Memorandum of Understanding (M.O.U.) by the Board of Directors is required. RECOMMENDATION: Adopt the M.O.U. with Local One effective July 8, 2003 through April 17, 2009. FINANCIAL IMPACTS: The cost of additional salary and benefits adjustments for negotiated changes effective July 8, 2003 in the first year of the agreement is approximately $708,000. ALTERNATIVES /CONSIDERATIONS: None. BACKGROUND: The M.O.U. between the District and Local One expired on April 17, 2003. Board representatives and the Local One bargaining team met and conferred on twenty occasions between February and July to discuss modifications to the expiring agreement. On July 8, 2003, the parties met with State Mediator John Jaeger. As a result, Local One proposed that it would take the District's "Last, Best and Final" offer, with a modification to the proposal on eligibility for retiree medical benefits and the signing bonus, to their membership. At the Board's Closed Session of July 17, 2003, the consensus of the Board was to modify the retiree medical benefits proposal and make the District's offer effective on the date of the mediation. Mediator Jaeger communicated the District's response to Local One. Due to the vacation schedule of the Business Agent, the membership vote was postponed until July 29, 2003. Major changes to the M.O.U. are as follows: Page 1 of 2 C: \My Documents \nego Local one ppr mou 7- 03.doc POSITION PAPER Board Meeting Date: August 7, 2003 Subject ADOPT MEMORANDUM OF UNDERSTANDING BETWEEN THE DISTRICT AND THE EMPLOYEES' ASSOCIATION, PUBLIC EMPLOYEES' UNION, LOCAL ONE EFFECTIVE JULY 8, 2003 THROUGH APRIL 17, 2009 • Wages: First year: 4 %. Second and third years: 2 — 5 %. Fourth through sixth years: 2 — 6 %. • Signing Bonus: $500. • Salary Survey: Performed Year Five. Results to be considered by Board in Year Six. • Health Co -Pays: $10 office visit, $10/$15 generic /brand name prescriptions, $50 Emergency Room, $50 ambulance. • Retirement: 2% at age 55 effective July 1, 2003. • Special Salary Adjustments: 7.5% for Senior Plant Operator status and 5% for Household Hazardous Waste Technicians 1 /II and Engineering Technicians 1 /11 /III. • Retiree Medical Benefits: Employees must meet the "Rule of 65" to be eligible for retiree medical benefits, where years of service and age equal 65 provided that employees are at least age 50 and have at least 10 years of service with the District. • Class A/B License Pay: $75 per month in active status. Work group to review number of Class A/B licenses necessary. • Safety Shoe Allowance: $175. • Cafeteria Plan Increase: $50 per month for non -cash options in the Plan. • Miscellaneous: Changes to Chapter Four will be met and conferred upon; a survey of retirement benefits in year three; drivers on District business in private vehicles must have auto insurance; lactation facilities will be provided in accordance with State law; the performance appraisal form will be modified and any below average overall rating will be cause to withhold a merit increase; employees may request a delay of up to three days to prepare for a performance appraisal meeting; overtime must be pre- approved by the supervisor; and life insurance for Tier Two employees shall equal two times salary up to $50,000. RECOMMENDED BOARD ACTION: Adopt the M.O.U. between the District and the Employees' Association, Public Employees' Union, Local One, effective July 8, 2003 through April 17, 2009. C:\My Documents \nego Local one ppr mou 7- 03.doc Page 2 Of 2 Central Contra Costa San,,ary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 7, 2003 No.: 10.b. HUMAN RESOURCES Type of Action: ADOPT RESOLUTION subject: AUTHORIZE THE TWO PERCENT AT FIFTY -FIVE YEARS OF AGE RETIREMENT BENEFIT IN ACCORDANCE WITH GOVERNMENT CODE SECTION 31676.16 Submitted By: Cathryn Freitas, Initiating Dept ✓Div.: Administrative /Human Human Resources Manager Resources REVIEWED AND RECOMMENDED FOR BOARD ACTION: _tok --I,, t. Freitas raves ; �h i'�s W. attsneral Manager ISSUE: Modifications to the retirement benefit provided by the Contra Costa County Retirement Association ( CCCERA) for District employees must be authorized by Board resolution. RECOMMENDATION: Adopt the resolution. FINANCIAL IMPACTS: The 2% at 55 retirement benefit shall cost the District approximately $1.6 million in FY 2003 -2004. ALTERNATIVES /CONSIDERATIONS: None. BACKGROUND: Beginning in the Spring of 2003, staff met and conferred with each of the District's bargaining units for contract negotiations pursuant to Board direction. Each of the units requested at least 2% at 55 upon retirement. Agreement was reached with each unit on the 2% at 55 level of benefit. The CCCERA was notified of the change and they requested District staff to initiate a Board resolution. The resolution serves as the official form of communications for the CCCERA to provide the enhanced retirement benefit. RECOMMENDED BOARD ACTION: Adopt the resolution. Page 1 of 2 C:U1Ay Documents\2% at 55 ppr 8- 03.doc Resolution No. 2003- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT AUTHORIZING THE TWO PERCENT AT FIFTY -FIVE BENEFIT OF GOVERNMENT CODE SECTION 31676.16 EFFECTIVE JULY 1, 2003 Whereas, the County Employees Retirement Law of 1937 authorizes a service credit of 2% at 55 in the calculation of retirement benefits of employees of the Central Contra Costa Sanitary District; and, Whereas, Government Code Sections 31678.2(a) and 31755.3 permits the District's governing board to authorize by resolution, prospectively and retroactively, certain retirement benefits including the 2% at 55 benefit of Government Code Section 31676.16; and, Whereas, the District, through the meet and confer process of the Meyers- Milias- Brown Act (Government Code Section 3500, et. seq.) agreed at properly noticed regular meetings of the District Board of Directors on August 7, 2003 with the Employees' Association, Public Employees' Union, Local One; the Management Group on July 17, 2003; and the Management Support/Confidential Group on April 17, 2003, that the District's retirement program administered by the Contra Costa County Employees Retirement Association would include the 2% at 55 benefit from and after July 1, 2003; and Now, therefore be it resolved, by the Board of Directors of the Central Contra Costa Sanitary District, that the District authorizes the 2% at 55 benefits for its employees, including the General Manager and Secretary of the District, effective July 1, 2003. Be it further resolved, that the Secretary of the District is directed to forward a copy of this resolution to the Contra Costa County Employees' Retirement Association. Passed and adopted this 7'h day of August 2003, by the following vote: Ayes: Members: Noes: Members: Absent: Members: COUNTERSIGNED: Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California Approved as to Form: President of the Board of the Central Contra Costa Sanitary District, County of Contra Costa, State of California Kenton L. Alm District Counsel Page 2 of 2 Central Contra Costa Sank,ary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 7, 2003 No.: 13.a. BUDGET AND FINANCE Type of Action: BUDGET & FINANCE subject: AUTHORIZE EXECUTION OF THE AMENDED AND RESTATED GROUP ANNUITY CONTRACT AND REVISED ADMINISTRATIVE SERVICES AGREEMENT WITH HARTFORD LIFE submitted By: Debbie Ratcliff, Controller Initiating Dept /Div.: Administrative /Finance & Accounting REVIEWED AND RECOMMENDED FOR BOARD ACTION. D. Ratc' graves ,l Charles W. alts, General Manager ISSUE: Board authorization is requested for the amended and restated Group Annuity Contract and revised Administrative Services Agreement with Hartford Life. RECOMMENDATION: The Deferred Compensation Plan Advisory Committee recommends that the Board authorize execution of the amended and restated Group Annuity Contract and revised Administrative Services Agreement with Hartford Life. FINANCIAL IMPACTS: None. ALTERNATIVES /CONSIDERATIONS: The Board could choose not to execute the revised documents, although this is not recommended. BACKGROUND: The District established a Deferred Compensation Plan available to all full -time employees in January, 1976. The Plan is administered by the District's Deferred Compensation Plan Advisory Committee. Monthly employee contributions to Plan accounts are made into designated investment options maintained by Hartford Life, ICMA Retirement Corporation, and National Deferred. Hartford Life is offering a new and improved Group Annuity Contract and Administrative Services Agreement to the District. These documents include enhancements to the retirement program and services provided. Some of the more important changes are: • Twenty -five (25) additional investment options. • The addition of Morningstar Clear Future, an internet -based retirement planning and guidance service. • Reducing the separate Mortality, Expense Risk and Administration fees. • Eliminating the Contingent Deferred Sales Charge applicable in the past. • Expanding reporting capabilities to Deferred Compensation Sponsors. • More flexible record keeping system. S:\ ADMIN\ POSPAPER \GroupAnnuity &AdminServicWith Hartford.doc Page 1 of 2 POSITION PAPER Board Meeting Date: August 7, 2003 Subject AUTHORIZE EXECUTION OF THE AMENDED AND RESTATED GROUP ANNUITY CONTRACT AND REVISED ADMINISTRATIVE SERVICES AGREEMENT WITH HARTFORD LIFE These enhanced services do not increase costs to the District and fees are being reduced to the participants. Elizabeth Groenewegen, benefit council from the firm of Trucker . Huss, has reviewed both documents. Upon Board execution, the terms of the new contract will be implemented immediately. RECOMMENDED BOARD ACTION: The Deferred Compensation Plan Advisory Committee recommends that the Board authorize execution of the amended and restated Group Annuity Contract and revised Administrative Services Agreement with Hartford Life. S:\ ADMIN\ POSPAPER \GroupAnnuity &AdminServicWith Hartford.doc Page 2 of 2