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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
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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
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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
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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